HomeMy WebLinkAboutNovember 19731112
November 5, 1973
This was a regular meeting of the Albemarle County Planning
Commission held on November 5, 1973 at 7:30 p.m. in the County Court
House, Court Square, Charlottesville, Virginia.
Those present were Dr. Avery Catlin, Chairman; Mr. Clifton
McClure, Vice -Chairman; Dr. James Sams, Mr. Louis Staley, Mr. Jack
Rinehart, Mr. Wilbur Tinsley,
and Mr. Lloyd 11ood, Supervisor.
and Mr. Peter Easter, Mr. David Carr,
Mrs. Ellen Craddock was absent.
Dr. Catlin called the meeting to order and established that a
quorum was present.
a. ZMP-286. West Realty Corporation has petitioned the Albemarle
County Board of Supervisors to rezone 71.37 acres from A-1
Agricultural to R-2 Residential. Property is situated on the
east side of Route631 (Rio Road) at the intersection of Route 768.
Property is described as County Tax Map 62, Parcel 17 and 17C.
Rivanna Magisterial District.
Dr. Catlin said it was up to the Commission whether they should
accept the applicant's application for withdrawal without prejudice.
Mr. Rinehart motioned to accept the applicant's application for
withdrawal without prejudice. Mr. Carr seconded the motion which carried
unanimously by those members present.
b. SP-288. Ray's Homes has petitioned the Albemarle County
Board of Supervisors to locate a mobile home sales on 13.33
acres of land zoned B-1 Business. Property is situated on the
south side of Route 250 East near its intersection with Interstate
64. Property is described as County tax Map 78, Parcels 33A and
33B. Rivanna Magisterial District.
Mr. Tucker read the staff report stating that the staff was of the
opinion that the request should be denied which would be in the
best interest of the general welfare and safety of the public as it
relates to traffic and road conditions. However, if approved, it should
be conditioned upon the following:
1) Health Department approval of a septic tank and field system.
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2)That the storage of all mobile homes and module units be
placed no nearer to the r-o-w of Route 250 than 50 feet.
3)That all access ways and patron parking as indicated in
the site plan be surface treated with a dust proof material and
maintained in a dust proof condition.
4)That no flag or pennants be used for advertising or attention
getting items
5)All lighting be placed so as not to create a traffic hazard
for vehicles traversing Route 250 in both directions to the satis-
faction of the County Planner and Resident Highway Engineer.
6)That the deacceleration lane be 12 feet wide for a distance
of 200 feet with a taper of 150 feet.
Mr. Lee Booker, representative of the applicant, said that the
biggest problems seemed to be the safety aspects. He said he thought
this type of business would have less traffic than some other business.
Mr. Edwin Preston wanted to know how many mobile homes would
be located on this site at a given time.
It was ascertained that there would be approximately 15 to 18
at one time and there would be an average of 30 per month coming
in and going out.
Mr. Preston stated that his concern was that this was a
junction of I-64, where many visitors entered the City of Charlottesville,
and that a mobile home sales lot would not be the most attractive
thing to have on this site.
Mr. Tommy Snead, repairer and mover of mobile homes, voiced his
support of the petition.
Mr. Juhl-Neilsen voiced opposition to the request with similar
views to that of Mr. Preston's.
Mr. Booker stated that the applicant had a tenative lease agreement
and did not believe the applicant would object to reviewing the
possibility of screening with the planning dept.
Upon questioning by Mr. Rinehart, it was ascertained that
P
the site was not visible from the I-64 west bound lane and did not
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believe it was visible from I-64 east bound lane.
Mr. Rinehart and Mr. Easter, as well as other members of the
Commission, were concerned with the aesthetic aspects. After further
discussion about this point, Mr. Rinehart motioned that the petition
be denied. Mr. Tinsley seconded the motion which carried by a 4 to 3
vote in favor of the motion.
c. SP-304. T. J. Snead has petitioned the Albemarle County
Board of Supervisors to locate a permanent mobile home on
102.4 acres of land zoned A-1 Agricultural. Property is situated
on the east side of Route 784, about 1 mile north of Stony
Point. Property is described as County Tax Map 48, Parcel 6.
Rivanna Magisterial District.
Mr. McClure asked that the records show that he was not
participating or voting on this petition.
Mr. Tucker read the staff report stating that if the Commission
approved the permit, it should be conditioned upon the following:
150' setback from Route 784 and health department approval.
Mr. Snead told the Commission that this petition if granted would
be for a mobile home for a part time agricultural employee and that
the other mobile homes already on the property were for his children.
He said that he would not be charging rent, just rent in exchange
for work on his land.
Upon questioning by Mr. Rinehart, it was ascertained that the
mobile home would be approximately 1500' from any property lines and
that it was screened from all directions except from Mr. Snead's home
and was located almost in the center of the property.
Dr. Sams motioned that the permit be approved for a period of
five years, with a 150' setback and health dept. approval. Mr. Staley
seconded the motion which carried unanimously with Mr. McClure
abstaining.
d. SP-305. Star Realty Systems 'has petitioned the Albemarle
County Board of Supervisors to locate a wholesale bakery products
facility on 1 acre of land zoned B-1 Business. Property is
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situated on the west side of Route 29 North, north of its
intersection with Route 631 (Rio Road). Property is described
as County Tax Map 45, Parcel 106. Charlottesville Magisterial
District.
Mr. Tucker read the staff report commenting that the request
was made previously on property in Berkmar, which the site plan
committee determined to be too small. The committee has reviewed
the new site plan and has found it to be in order. The facility
will include bakery products retail trade, the storage and distribution
of merchandise, and overnight parking of commercial delivery vehicles
inside the building. No production will occur on the premises. Staff
recommends approval of the special permit and site plan conditioned
upon health department approval.
Mr. Wallace Hatcher of Lantz Construction was present to speak
for the petition. He told the Commission that it would be an I.T. & T.
Continental Baking route truck depot for distribution of products
made elsewhere, but they needed the Commission's approval
since there was a wholesale aspect involved.
Dr. Catlin said the development should be from roads coming
in from 29 rather than along 29 North.
Mr. Goode Love told the Commission that they were trying to
find a location for the business and that the applicant would put
in a de -acceleration lane.
Mr. Rinehart suggested that the planning dept. come up with a
suggested plan for development of this area - roads at least.
Dr. Catlin said he was in no way suggesting that the property
not be developed. He wanted to know where major entrances were going,
and did they need or should they have double entrances, etc.
Mr. Rinehart mentioned that the Commission had once talked
of a loop in this area.
Mr. McClure motioned approval of the Special Permit with health
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department approval. Mr. Easter seconded the motion which carried
unanimously.
Mr. McClure also motioned deferral of action on the site plan
for 2 weeks so that questions raised could be discussed further.
Mr. Easter seconded the motion which carried unanimously.
e. SP-306. Rachel A.Brown has petitioned the Albemarle County
Board of Supervisors to locate a two-family dwelling on 3.51
acres of land zoned A-1 Agricultural. Property is situated on
the south side of Willow Brook Road in Ardwood Subdivision. Property
is described as County Tax Map 45G, Lot 8. Charlottesville
Magisterial District.
Mr. Tucker read the staff report commenting that the new zoning
ordinance would provide for this type of "accessory living unit" where
the appearance of the single family unit will not be appreciably
altered. Recent requests for this type of "two-family dwelling" have
been approved on large acreages which have not violated the 2-acre
density. He told the Commission that the staff was recommending denial,
however, based on the restrictive covenant in this case which forbids
apartments or duplexes in Ardwood Subdivision.
Mrs. Brown told the Commission that over a year ago she obtained
a divorce and at that time her attorney advised that if she could
put an apartment in her basement, with the additional income, she could
probably hold on to her property. She said at that time she had
no idea she was breaking any County Ordinance. She said if denied
permission to keep the apartment, she would probably lose her home.
Mr. Dick Gibson, attorney representing Mrs. Brown, stated that
the zoning ordinance did not mention restrictive convenants and
pointed out that he did not belive that the Commission had the right
to act as a jurisdictional body and that any decision on restrictive
covenants should be decided by the courts.
Mr. Bill Stevens, supporting the applicant, showed pictures of
Mrs. Brown's house to the Commission showing that the exterior of the
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house had not been altered. He pointed out that areas such as
Farmington had rental apartments and that they had certainly not
harmed the neighborhood.
Mr. R. B. Comer, resident of "Ardwood" presented a petition
from the homeowners of the development recommending denial. They
were concerned that it might set a precedent in the area, and that
it may change the rural atmosphere of the subdivision.
Mrs. Fran Martin pointedout that under the special permit granted
Hickory Ridge, the County required restrictive covenants to protect
property owners and the County's interest.
Mr. Gibson said if this type of thing was to be covered under
the proposed zoning ordinance, it would be unreasonable to put
Mrs. Brown through a hardship at this time.
Dr. Catlin said it was his opinion that it should be denied
because it does conform with the density of the zone.
Mr. Rinehart motioned that the petition be denied which was
seconded by Mr. McClure and carried with Mr. Tinsley voting against
the motion.
f. SP-306A. Rena Barnett has petitioned the Albemarle County
Board of Supervisors to locate a permanent mobile home on 4
acres zoned A-1 Agricultural. Property is situated on the west
side of Route 708, about 1 mile south of its intersection with
Route 637. Property is described as County Tax Map 73, Parcel
39 (part thereof). Samuel Miller Magisterial District.
Mr. Tucker read the staff report commenting that the property
was located in the area of the Ragged Mountains. Subject property
being surrounded by dense woods. He stated that a site had been
prepared for the mobile home, 100-150' from the road, with a buffer
of large trees along Route 708. He recommended that if the Planning
Commission and Board of Supervisors approve this petition, it
should be conditioned upon health department approval.
Mrs. Barnett told the Commission that she would like to locate
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her mobile home here because she wanted to be near her mother
who was quite feeble.
Mr. Higginson, speaking for Mrs. Barnett, told the Commission
that the mobile home would be located 168' from the highway and
was sure that Mrs. Barnett would comply with health department
standards.
Mr. Tinsley motioned approval of the permit for a period of
five years at the end of which time she would have to come back
to the Commission for approval and health department approval.
J
Mr. Staley seconded the motion which carried unanimously
by those members present.
g. SP-307. Charles Lascano has petitioned the Albemarle County
Board of Supervisors to locate a permanent mobile home on 11
acres zoned A-1 Agricultural. Property is situated on the south
side of Route 747, about 1 mile northeast of its intersection
with Route 600. Property is described as County Tax Map 33,
Parcel 40. Rivanna Magisterial District.
Mr. Tucker read the staff report commenting that the applicant
might be agreeable to a temporary permit, and that if the Planning
Commission and Board of Supervisors approve this petition, it should
be conditioned upon 100' setback and health department approval.
Mr. Lascano told the Commission that it was his intent to move
the mobile home as soon as his permanent house was completed.
Mr. McClure motioned approval of the petition for a period of
two (2) years with one (1) year administrative approval, 100' setback
and health department approval.
Mr. Staley seconded the motion which carried unanimously by those
members present.
h. SP-308. Cogswell/Hausler Associates has petitioned the
Albemarle County Board of Supervisors to locate a planned
unit development and central water and sewer system on 107.77
acres of land zoned A-1 Agricultural. Property is situated
on the south side of Route 250 East, and the east side of Route
729. Property is described as County Tax Map 79, Parcel 23,
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and County Tax Map 79C, Parcel 1. Rivanna Magisterial District.
Mr. Tucker read the staff's recommendation which was as
follows:
" The staff has concluded from its investigation of the plan,
relating it to the capabilities of the land and its impact on the
general area, that the proposal is too dense to be accomodated
on the land (with septic system, etc.) However, good engineering
and money can overcome the problems. The staff recognizes that through
proper engineering that possibly the proposed development could
be a success and we commend the applicant for his approach in the
design of the development, relative to their attempts to relate the
character of the land to the type of development. The staff disagrees
with only one element of the proposal, that being the 9 acre plus
tract of commercial development located on Route 729 and paralleling
the Rivanna River.
If the Planning Commission and/or Board are of the opinion that
the proposed development fits into the Comprehensive Plan, and that
the development can be made practical with its limitations, we would
suggest the following conditions being imposed on any approval of
Special Permit-208 for a planned community:
1) That evidence be submitted for approval by the County of
Albemarle, of a satisfactory sanitary sewer -waste disposal system,
approved by the appropriate state agencies. The disposal system
should be submitted to the County Board of Supervisors under
a separate Special Permit. The previous condition also shall appply
to the proposed central water supply.
2) That a 30' dedication of or re -dedication of road right-of-way
from the center line of Route 729 be accomplished. The objective
of this condition is to provide for ultimately a 60' right-of-way
where Route 729 parallels this development.
3)That all collector or local roads within this proposal be
constructed to state standards.
4)That a citizens' association be established and deed restrictions
and covenants for the disposition and maintenance of the open space
and recreatior area be submitted to the County for their review and
approval.
5) That all slopes exceeding 20% not be disturbed and only
that area to accomodate the housing be denuded within a given lot
within this project.
6)That an agreement be made between the Albemarle County Service
Authority and/or Rivanna Water and Sewer Authority and consummated
relative to the ultimate ownership and maintenance of any approved
sanitary sewer facility or central water supply.
7)That provisions be made for pedestrian walkways and bicycle
trails.
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Mr. Hausler presented 6 models to the Commission. He told
the Commission that they were a Planning and Architectural firm
from Chapel Hill, North Carolina and that they only received the
staff report that afternoon, and that he disagreed with the point that
the land be rezoned to 5 acre density (conservation zone).
He told the Commission that the total density of the area would
be 672 as opposed to a possible population of 1740, which was something
under 40% of what was possible. He also stated that both tracts
were to be organized under a homeowners association and that their
main objective had been to preserve the existing terrain as much as
possible by avoiding mass grading. He said they planned to deal with
the Soil Conservation Service. He said they had tried to consider
Jefferson's architecture as much as possible in their plans. He said
that no development would take place on a site where the slopes were
greater than 30% and that removal of trees on site would take place
only at the location of a specific house. He told the Commission that
the minimum lot size was 17,500 square feet, and that the overall densitv
was more than 1 acre per unit, with the average lot size totaling
1/2 acre.
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Mrs. Joan Graves told the Commission that she was concerned
with the definition of a PUD, and wundered if it stated whether
the 100 acres had to be contiguous? 'load
Mrs. McSchaw wanted to know the cost of houses?
Mr. Edwin Preston was concerned about the effect that this large
scale development would have on the surrounding rural area, the traffic
problem, and the historic value of the area. He stated that this area
would be turned into something that was surburban in character.
Mr. Hausler stated that after consulting with the planning
staff, they were of the opinion that there need not be a 100-acre
contiguous tract and that site "A" could easily become residential
instead of B-1 Business. He stated that the cost of the townhouses
would be in the mid 30's to 40's and that single family units would
start in the low 40's and run up.
After further discussion about the above comments, the public
hearing was closed.
Mr. Rinehart commented that recently the Planning Commission
had not waved the density of the zones involved.
Dr. Catlin wanted to know what plans the developers had for roads?
Mr. Hausler replied that he preferred to keep all roads in private
ownership, scaled down a little from state standards, thus minimizing
the pavement put in.
Dr. Sams questioned what the open space would be used for.
Mr. Hausler replied that most of the open space was fairly steep
and would not be used for recreation, however, there would be water
recreation, pools, and tennis courts in other areas.
Dr. Catlin thought the following points were of vital concern:
roads, could they rely on water systems for long term supply, who
would pay for water when the well goes dry, if their sewer approach
was acceptable, should the density conform to the zone, and if they
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were being realistic of the future of the R-3 zone.
Mr. Easter wanted to know if this area was in the long range
plans of the Rivanna Water and Sewer Authority.
Mr. Wood, Supervisor, replied that it was not.
Mr. McClure moved that the petition be denied because of the
lack of utilities.
Dr. Sams seconded the motion, stating that he thought it was
not the intent of the ordinance to allow a non-contiguous site for a
PUD or cluster.
Mr. Rinehart reiterated that the density did not comply with
the existing zoning.
Mr. Hausler said that he was not told that this would not be
a PUD.
There was a discussion among commission members about the time
and money that had been put into this request by the developer,
and Dr. Sams said he thought it would be reasonable to postpone
their decision for at least a week.
Mr. McClure said that he was willing to withdraw his motion.
Mr. Staley motioned to defer action on the petition for 2 weeks,
to give the applicant a chance to solve some of these questions.
Mr. McClure seconded the motion.
Mr. Rinehart commented that he thought the Commission should be
consistent on density requirements on PUDs.
Mr. McClure thought that a cluster development should go below
density, and didn't think that this was a PUD.
There was further discussion with the Commission deciding that the
applicant had not been given sufficient information or that there was
1123
a lack of communication, and that the applicant should be given
a chance to solve some of the questions involved. The motion carried
unanimouslyr to defer action for two (2) weeks.
J. H. Williams - Site Plan - deferred item
Miss White told the Commission that Mr. Williams had agreed to
construct a deacceleration lane at least by spring and also to post
a $550 bond and that the Planning staff recommended approval
of the plan.
A resident of Airport Acres was concerned that customers
from the proposed motor cycle shop would be using the road at Airport
Acres. The resident was assured by the owner of the motor cycle
shop that this would not happen.
The Commission was concerned that they had a policy of requiring
Route
a 120' setback on 29 for service roads.
Mr. Foster told the Commission that the existing buildings
were only 75' from the road.
Dr. Sams motioned that the site plan be approved with the
planning staff's recommendations. Mr. Tinsley seconded the motion which
carried unanimously.
Mr. Rinehart was concerned with the amount of bond put on the
deacceleration lane, and suggested that Miss White have the County
Engineer review it again. Miss White said that she would.
There being no further business, the meeting was adjourned.
9
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November 13, 1973
This was a work session of the Albemarle County Planning
Commission held on November 13, 1973 at 7:30 p.m. in the Board of
Supervisor's meeting room, County Office, Building, Charlottesville,
Virginia.
Those members present were: Dr. Avery Catlin, Chairman; Mr. Louis
Staley, Mr. Peter Easter, Mr. Jack Rinehart, Mr. David Carr, Dr.
James Sams, and Mrs. Ellen Craddock. Mr. George St. John, County
Attorney, was also present.
Dr. Catlin called the meeting to order and established that
a quorum was present.
The Commission then reviewed the minutes of August 13, 1973
through September 24, 1973. Mrs. Craddock motioned approval of the
minutes with the following corrections and additions.
On Page 1066, "Mrs. Craddock" is to be added to the list of
members present at the September 17, 1973 meeting.
On Page 1072, Paragraph #2, Dr. Catlin said that he could not
second a motion and asked that it be replaced with the correct
Commission members name.
On Page 1027, change "how how far the cluster" to read "how
far the "cluster houses" would be located.
Mr. Rinehart seconded the motion which carried unanimously by
those members present.
Mr. Humphrey told the Commission that at the last meeting of the
Thomas Jefferson Planning District Commission, due to vast citizen
interest, the Commission said they would delay action on the water
/(citizens' and county's)
quality management plan for several weeks; their/main objection being
on page X135 which did not reflect the Commission's and Board's
policy. Said page having many conflicting statements. After a brief
1125
/thatT. J. Planning District
discussion, Mr. Humphrey reminded the Commission would like to
have some sort recommendation from them. (County Planning Comission).
There was a discussion of the Cogswell-Hausler Special Permit
request concerning density and the water and sewer situation and
another discussion concerning the Cushman rezoning regarding the future
of the Ivy area.
Work Session.
Article 11 - Soil Erosion and Sedimentation Ordinance
Mr. St. John suggested the following revisions and additions:
"It shall be unlawful to clear, fill or grade for any purpose other
than agricultural tillage of the soil in Albemarle County or to engage
in other related activity, etc."
"The construction of road, ponds,or buildings shall not be exempt
from this regulation even if the same be for the purpose of promoting
agriculture.
Mr. Carr and other Commission members were concerned with the
hardship this could put on the ordinary farmer under the bureaucratic
process? having to apply for permits and come into to town frequently.
Mr. St. John suggested that the only alternative was to leave it
as it stood.
Mrs. Fran Martin commented that many farmers in the County have
Soil Conservation Service plans.
Dr. Sams said he was of the opinion that "the actual tilling
of the soil" was too narrow a definition of agriculture and that may be
if they thought about it they could come up with something better.
This item was deferred until the next workshop.
,h,ly
Mr. Humphrey suggested that'€�ie Thomas Jefferson Water
and Soil Conservation District could come up with something to help
them.
1126
Parking Requirements
Furniture stores parking requirements that were discussed were
as follows:
2 spaces per the first 1000 square feet of floor area plus
1 parking space for every addtional 350 square feet of gross
floor area over that. ( This also took care of 2 or 3 employees.)
It was suggested that building supply sales be included in the reduced
parking and that parking be looked at on a retail floor area instead
of gross area.
It was decided that Mr. Carr and Mr. Rinehart would work with
Mr. Humphrey on the formulas for the above mentioned parking areas.
Article 18 - Non -Conforming Uses
Section 18-7-4
Mr. Humphrey suggested that said article should refer to the
exception under the flood plain ordinance.
Section 18-1-3
18-1-1
Mrs. Craddock wanted to know if 24 months was too long a time,
Mr_. St. John said that a person has a vested right to continue indefinite-
ly a non -conforming use, and was not sure whether they could enforce
18-1-1 but thought they should leave it in as other localities had
similar phrases.
Mr. Humphrey stated that everything included in Article 18 reflects
what the present non -conforming section with two exceptions.
Section 18-7-2 " a non --conforming structure is damaged less than 50%"
(the present ordinance shows 75%)
Section 18-7-1 "before the occurence shall not exceed 50V (present
ordinance has 75%)
1127
Mr. St. John suggested that the following phrase be added
to the end of Section 18-6-1 "provided such lot or lots complied
with the zoning ordinance in effect prior to such date". It was
the concensus of the Commission to do this.
Mr. St. John was also of the opinion that in Article 18-7-1
"However property owners so affected may take recourse to obtain
rezoning" should be omitted The Planning Commission agreed with
this.
In Article 18-7-4 it was suggested that "subject to the provisions
of Article of the Flood Plain Ordinance" be added. The Commission
was in agreement with this.
Article 23: Provisions for Appeal
Mr. St. John commented that back in the "General Provisions for
Special Use Permits" there was a section stating that the governing
body reserves unto itself the power to deny,grant or conditionally
grant special use permits. He said a cross reference to this
should be made in Article 23-1-1.
He stated that the section on the Board of Zoning Appeals was
prescribed by statue and that they did not have much discretion on this.
Upon recommendation from Mr. Humphrey, Article 23-6 and 23-2-6
was deleted from the ordinance.
Article 24 "Violation and Penalty" was approved as was.
Article 25 - "Amendments" Section 25-4 was noted that it was
in concurrence with the enabling legislation.
Article 26 - Article 26-3: It was decided that the office location,
hours, and phone number should be deleted. In other words leave in
section starting with "It shall be" through "an appointment".
Article 26-1: Mr. St. John stated that he thought the following
should be added: 26-1-2 " The administrator and the administrator's
1128
/check
deputies, are hereby empowered to enter and to upon any private
or public property in the County of Albemarle for the purpose of
inspecting for compliance with this ordinance and of administration
and enforcement hereof.
Dr. Sams he did not like persons being able to enter persons
property under the auspices of the zoning ordinance. Many members
were of the opinion that "with notice to the owner" should be added.
Mr. St. John replied that sometimes the owner could not be located
and this held things up. He stated that they needed a right to enter
onto property but that it did not allow a no-knock type entry.
There was a discussion on whether an "attempt to give reasonable"
notice of entry onto property should be included.
Dr. Sams was of the opinion that the ordinance should encourage
compliance rather than try to catch violators. Mr. St. John commented
that there were some people who did not really want to comply and
that in these instances such a clause would prohibit enforcement.
After continued discussion, it was the consensus of the Commission
that this decision of enforcement should be left up to the Board of
Supervisors as it was a matter of County policy.
Mrs. Craddock stated that it was her opinion that the Commission
should state how they felt and that they should keep it as Mr. St. John
had it written.
Dr. Sams was opposed to Mrs. Craddocks suggestion and stated
enforcement had nothing to do with Planning.
It was the consensus of the Commission that Mr. St. John take
the above to the Board stating some members were for it and some
opposed but that they felt as planners that the question of enforcement
was not up to them.
Article 27- Flood Plain Zone
1129
Mr. Humphrey stated that there were no changes in this except
change what zoning uses are permitted in flood plain ( new zones).
Site Development Plan
Mr. Humphrey suggested that maybe they would like to do this
at a full work session. and that Darts needed to be changed relating
to changes in subdivision ordinance. He stated that they also had to work
on signs.
Mr. Humphrey was instructed to put both of these items on the
work session of November 26,1973.
There being no further business, the meeting was adjourned.
R.
1130
November 19, 1973
This was a regular meeting of the Albemarle County Planning
Commission held on November 19, 1973 in the County Court House,
Court Square, Charlottesville, Virginia.
Those members present were Dr. Avery Catlin, Chairman; Mr. Clifton
McClure, Vice -Chairman, Mr. David Carr, Mr. Wilbur Tinsley, Mrs. Ellen
Craddock, Dr. James Sams, Mr. Louis Staley, Mr. Peter Easter, and Mr.
Lloyd Wood, Supervisor.
Mr. Jack Rinehart was absent.
Dr. Catlin called the meeting to order and established that
a quorum was present.
ZMP-269 Grover Forloines (deferred item)
/that this item
Mr. Humphrey told the Commission had been deferred earlier in
the year, because of the need for a letter from the Albemarle County
Service Authority. Said letter was received and dated November 5, 1973
and stated the following information pursuant to Mr. Forloines request
for water service on the 120 acre parcel of land located at the
intersection of State Route 677 and 676:
1. The contract was awarded and construction began on the Still -
House -Ivy waterline in October 1973.
2. The current estimated completion date is August 1, 1974;
however, the contractor is using two crews which may make comple-
tion earlier.
3. The developer will extend at his expense an 8-inch waterline
off of the 12-inch line at a point and location approved by the
County Engineer.
4. Water should be available to serve this area no later than
September 1974.
5. All waterlines willbe subject to design approval and inspection
by the County Engineer.
6. The developer shall deed and dedicate the off -site main and
on -site distribution system to the Albemarle County Service Authority
7. The developer will be responsible for maintenance of all
waterlines for oneyear after acceptance by the Service Authority.
8. Since this will be served by a high pressure line and installed
along a state road, it will be necessary to install ductile iron
pipe and class 250 fittings.
9. Fire hydrants must be installed within the subdivision and
served by an 8-inch line.
10. No occupancy permits shall be issued until completion, testing
and water line officially in service.
1131
The StillHouse-Ivy line is designed to provide approximately
600,000 gallons per day and will be backed up by a 750,000
storaf,e tank on Still -House Mountain. This should be ample
to serve the area with fire protection and domestic consumption
for many years.
Dr. Catlin wanted to know what the term "moderate limitations"
stated in the soil report meant?
Mr. Humphrey told the Commission that there were some problems
with this type of soil but with proper engineering development could
be accomplished.
Dr. Sams wanted to know how the outcome of this soil survey
compared with other surveysof RS-1 land?
Mr. Humphrey stated that they were quite common in Albemarle
County.
After further discussion by Commission members, Mr. Clyde
Gouldman, representing Section 1 Committee from West Leigh Isaid that
in the R-1 zone, the zoning ordinance granted the power to limit
density, comparing it to soil limitations. He requested that the
Commission try at least to limit density to be in line with this.
Mr. Humphrey stated that this was found in the subdivision
ordinance and could be taken up in the course of subdivision approval.
Mr. Louie Scribner wanted to know if the developer would pay
for the cost of the 8" water line and would the new line extend as
far as the end of Ballard Road.
Mr. Richardson asked how many housing units the soil would allow.
Mr. Humphrey replied that it would appear that around 80 or 90
lots could be obtained on the 120 acres.
site.
Mrs. Manson wanted to know if there would be a lake on the
Mr. Joe Gibson asked if this rezoning could be conditional?
Dr. Catlin stated that the specific details of the plan would
be taken care of under subdivision approval.
1132
ti
Mr. McClure said he was concerned with the residents>of Ivy
definite objection to the master plan as it pertained to their area
and wondered if a study of the area was proposed.
Mr. Humphrey stated that funds were being requested in the budget
for such a study, however, it would not be completed until the end
of 1974.
Mrs. Craddock made a motion to deny the petition in order
to protect the two stream beds, and because of the soil limitations
and in order to protect the rural atmosphere. Mr. Tinsley seconded
the motion.
Mr. Carr stated that he thought there was nothing basically
wrong with the applicant's proposal to rezone the land but that
the greater question was whether Ivy was going to be permitted to
grow or whether they were going to put a block on growth in Ivy.
Mr. McClure said he sympathized with the Citizens of Ivy and
he believed they should act in accordance with the Master Plan.
Dr. Sams thoughts were much in agreement with Mr. McClure's.
Mr. Stalev commented that he didn't see where thev could do
much better.
Dr. Catlin stated that this development was on the fringe of the
area designated in the master plan and that it was his opinion that
the master plan should be developed over a long period of time, and
that 94% of the area residents were in favor of keeping their village
status.
Mr. Carr stated that he did not think they could make the first
decision and that he would prefer that the matter be deferred again.
Mr. Humphrey stated that under the enabling legislature, the
matter could not be deferred again.
Mr. Easter stated that the proposed development was quite a
jump from the center of the Ivy cluster.
1133
The motion was then voted on with Mr. Easter, Mr. Tinsley,
Mrs. Craddock and Dr. Catlin voting in favor of the motion (denial)
and Mr. Carr,Dr. Sams, Mr. Stalev, and Mr. McClure voting against
the motion. The motion failed to carry.
Mr. McClure then made a motion for approval of the petition and
recommended that some action be taken in favor of the citizensirequest
for change in the master plan for the Ivy area.
Dr. Sams seconded the motion.
Mrs. Craddock suggested that the motion be divided into "2"
separate motions.
There was a 4 to 4 vote on the approval of the petition, which
failed to carry.
The second motion to reconsider the master plan as it pertains
to the Ivy area before making any more decisions in Ivy carried
unanimously.
b) Elijah Agee request for a 50' easement to serve 2-two
acre lots. Located south side Route 715, about 1 1/2 miles
south of Keene.
It was noted that this was a recorded easement request in lieu
of restricted road as a restricted road would take away from lots
A & B (reduce their acreage). The staff suggested, if approved, that
it be terminated at the northern boundary of the property.
Mr. Singleton, representing the applicant, stated that it would
only be serving three lots.
Upon questioning by Mr. Carr, it was ascertained that there would
not be 2 acres for each lot left if a restricted road was used.
The Commission attempted to make it clear to Mr. Agee that he
could not subdivide the large rear lot if this easement was granted.
Mr. Tinsley motioned that the easement be approved with
no further subdivison of lots along the easement taking place.
Mr. Carr seconded the motion which carried unanimously.
1134
c) Amy B. Safley - request for a 20', front.age on Route 660
to serve one -four acre parcel. Located west side Route 660
about 1 1/2 miles south of its intersection with Route 29
North.
The staff told the Commission that Vernon Maupin, landowner,
sold the property and had requested withdrawal, which was so done.
d) F. F. Bishop -- request for a 50' easement to serve 2-two
acre lots. Located south side Route 715, about 1 1/2 miles
south of Keene.
Mr. Tinsley motioned approval of the easement to serve only
lots C & D. Mr. McClure seconded the motion, which carried unanimously.
e) R. A. Yancey - site plan - mini -market. Located south side
Route 250 West near Yancey's Mill.
The staff's recommendations were:
/de_Dt .
1) de -acceleration lane per highway standards
2) reserved parking in the rear
3) front parking be changed from slanting to perpendicular.
Mr. Yancey told the Commission that truck scales located nearby
might prohibit the de -acceleration lane.
Mr. Humphrey stated that the highway department had visited
the site and requested a de -acceleration lane.
Dr. Sams motioned approval of the site plan per the staff's
recommendations. McClure seconded the motion which carried unanimously.
f) Citizens' Bank and Trust - site plan - temporary office.
Located west side Route 29 North; south side Airport Road.
Mr. Humphrey told the Commission that the site plan indicated
a de -acceleration lane on Route649 and the widening on 29 to become
a de- acceleration lane.
It was ascertained by Dr. Catlin that there was sufficient setback
for a service road.
Mr. Carr motioned approval of the site plan for a 22 year time
period. Mr. Tinsley seconded the motion which carried unanimously
by these members present.
g)Star Realty Site Plan - deferred item
1135
Mr. Hatcher of Lantz Construction was present.
After a brief discussion, Mrs. Craddock motioned that
the site plan be approved with the following conditions:
1) only one entrance, at least 50' wide, approved by the
Virginia Department of Highways and the Albemarle County Planning
Department; 2) the re -location of three parking spaces from the front
to the rear of the building; 3) and the reservation of access to
the adjoining properties, should a service drive become necessary
in the future.
Mr. Tinsley seconded the motion which carried unanimously
by those members present.
h) SP-308 Cogswell-Hausler (deferred item)
Mr. Humphrey told the Commission that the applicant must apply
for a separate special permit for sewer and water,and that Mr. Anderson
Soil Conservationist, recommended that the impoundment be placed
in proper order.
Mr. Easter asked that the records show that he was not partici-
pating in this discussion.
Mr. McClure told the Commission that he and several :ether
Commission members had visited the site and thought that it was a nice
site, however, he wanted to know if they were going to allow a higher
density than a PUD allows?
Mr. Staley stated that he was in favor of an approval, if the
sewer and water situation could be solved.
Mr. Deward Martin, Engineer, and Mr. Joseph Richmond, Attorney
were present to represent the petition. Mr. Richmond stated that if
they deeded the lake site to this 90-acre tract, they would have 100
contiguous acres.
Dr. Catlin asked Mr. Martin how the water and sewer situation
stood?
1136
Mr. Martin said that they could have a backup emergency water
supply from the lake; and that they would have to get the State
Water Control Board's approval, which they could get if they went
to a tertiary treatment plant.
Mr. James Craig, an interested citizen, said he would like to
present to the Commission a letter pertaining to water meter_
readings prepared in the spring of 1969 by Mr. E.O. Gooch and
Associates, which related to a similar proposed project in the
Keswick Country Club area. Copy of said letter being in the Snecial
Permit file.
Mr. Carr asked Mr. Richmond if he was correct in assuming
that they had no water information available?
Mr. Hausler replied that they were asking conceptual approval
of a plan, and that they needed this before the State Water Control
Board would give their approval.
Mr. Martin, Engineer, said it was his belief that they could find
water there, however, if it turns out that wells go dry, they would
put a regular filtration plant in, as an emergency supply.
Dr. Catlin stated his concern that the County would have to haul
water as in other areas, if the wells went dry.
Mrs. Craddock stated that she thought that this was an extremely
well drawn up plan, which lies about 3/4 in the high density area of
the Comprehensive Plan. She however stated that it would definitely
overload the schools.
what?
Dr. Sams wanted to know if this was a preliminary approval or
Mr. Humphrey replied that he didn't see it as piece meal and
that there would be a separate special permit for water and sewer
and also there would be subdivision control.
1137
After further discussion on density, water, etc. Mr. Carr motioned
preliminary approval of the project subject to all provisions
(on page 1119)
previously made by the planning staff,"and also 1)this commission
being satisfied with provisions made for water and sewer and
2) that the impoundment be strengthened.
Mr. McClure seconded the motion.
Mr. Hausler wanted to know if the County Board of Supervisors
would still have final approval of water and sewer? He was told that
they would.
It was added to the motion that the parcel beyond"Clifton"
was not to be included in the plan, and that bounds shown must be
100 acres or in access of. Also, that lots 13 and 14 and the business
section were not to be a part of the PUD.
Mrs. Craddock said that she would like it broughtto the attention
of the Board of Supervisors that they had a letter from the depart-
ment of education stating that any new development in the area would
seriously overcrowd Stone Robinson school.
The motion carried unanimously.
The Commission derided to take up the scheduled water study
at the next work session.
There being no further business, the meeting was adjourned.
FE
1138
November 26, 1973
This was a work session of the Albemarle County Planning Commission
held on November 26, 1973 at 7:30 p.m. in the County Office Building,
Charlottesville, Virginia.
Those members present were Dr. Avery Catlin, Chairman; Mrs. Ellen
Craddocv, Dr. James Sams, Mr. Wilbur Tinsley, Mr. David Carr, Mr.
Jack Rinehart, Mr Peter Easter, Mr. Louis Staley, and Mr. Lloyd Wood,
Supervisor. Mr. I-'cClure was a' --,sent.
Also present was Mr. Bob Abbott, Thomas Jefferson Planning District
Commission, and Mr. George St. John, County Attorney.
Mr. Abbott told the Commission that the forced main approach as compared
to individual treatment plants was about 1/6 as expensive, and that it
would be expensive for residents to tie into systems that were served
by the force main approach.
Mr. Humphrey presented to the Commission the planning staff's opinion
which was as follows:
"If it can be proved that the "force main" concept will assist in
the preservation of the adopted County Policy, with reference to
the "clustering" of development and the related maps amended to eliminate
lineal development, then the planning staff would be of the opinion
that the County's interest had been served.
I would note that during the public hearing, it was stated by the
consulting firm,that tap�ng into a force main was possible by the installa-
tion of another pumping station. It was our understanding that it could
be done at the bottom of drainage swales and lines extended up those
swales. Therefore, contradicting the statements that it would preserve
H
the "cluster" concept. Further investigation of this matter is warranted.
Mr. Abbott told the Commission that during the interim period, when
population growth reached its maximum in an area, interceptor lines would
1130
be more than 1/6 as expensive as individual plants.
Mr. Abbott told the Commission that there had already been
a four party agreement for the Crozet area (interceptor limes)
drawn up which was estimated to cost $60,000 as opposed to $132,000
for an individual plant.
Mr. Bailey, the County Engineer, told the Commission that past
Crozet history shows a strong desire on the part of the State Water
Control Board to bring the sewage out of Crozet, and that the City
of Charlottesville was afraid of the effect that an individual plant
would have on their reservoir.
Mr. Wood said he thought the Commission should take a more positive
attitude and that the Commission should solve this problem of water
management and then set forth on enforcing the master plan, which he
agreed would be a difficult job if interceptor lines were used.
Mr. Carr stated that this made him think more that Ivy should
be a master bedroom .... Dr. Catlin stated that his concept of a cluster
was that it be self-contained. There was further discussion along this
line.
The Commission then looked at the Site Development Plan, which was
approved with the following corrections and additions:
Section IV-2 add "is" to the following phrase. Plans shall indicate
whether meridian as is referred to "is" magnetic....."
Section V-1 2 paragraph.... No site development plan shall be approved
within "ten" days....
Section V-7 3rd paragraph ....the County shall take the necessary
"procedural" steps......
Section V -12 Minimum easement shall be "6" feet.
Section V -21 Appended to this ordinance is a manual "entitled".
24 The approval of a site developmentolan or the
installation of the improvements as required in this Ordinance
shall not obligate the County to accept improvements for maintenance,
repair or operation. Acceptance shall be subject to County an/or
1140
State regulations, where applicable, concerning the acceptance of
each type of improvement.
Section V-25 The Planning Commission and the governing body or its
agent may require, as a condition prerequisite to approval of any
site development plan, that the developer provide space for and
facilities for necessary public purposes including parks, schools,
and other physical improvements, the need for which is directly
occasioned by and specifically attributable to the particular development
26 Nothing herein shall require theapproval of any
development, use or plan, or any feature thereof, which shall be
found by the Planning Commission, the governing body or its agent,
to constitute a danger to the public health, safety or general
welfare, or which shall be determined by such commission, governing
body or agent, to be a departure from or violation of sound engineering,
design or standards.
It was also ascertained that the articles such as soil erosion,
site development, signs, etc. should be a part of the zoning ordinance
rather than be separate articles, which would mean that variances would
still go before the Board of Zoning Appeals.
The Commission then discussed the Sign Ordinance:
Mr. Humphrey recommended thatthe Commission adopt what they have
now except that there would be additions of amendments on signs which
will be coming before the Commission and Board soon concerning billboards
and signs on Interstate Highway systems.
There being no further business, the meeting was adjourned.
1141
December 3, 1973
OR
This was a regular meeting of the Albemarle County Planning
Commission held on December 3, 1973 in the County Court House,
Court Square, Charlottesville, Virginia.
Those members present were: Dr. Avery Catlin, Chairman;
Mr. Clifton McClure, Vice -Chairman; Mr. David Carr, Mr. Louis
Staley, Mr. Wilbur Tinsley, Dr. James Sams, Mr. Jack Rinehart,
Mr. Peter Easter, Mrs. Ellen Craddock, and Mr. Lloyd Wood,
Supervisor.
Dr. Catlin called the meeting to order and established that
a quorum was present.
ZMP-282. Cushman Realty and Building Corporation has peti-
tioned the Albemarle County Board of Supervisors to rezone
214.45 acres from A-1 Agricultural to RS-1 Residential.
Property is situated on the east and west sides of Route 678,
about 3/4 mile north of Ivy. Property is described as County
Tax Map 58, Parcel 81. Samuel Miller Magisterial District.
Mr. Tucker presented the Commission with a letter dated
12/3/73 asking that they be allowed to withdraw the petition
without prejudice.
After a brief discussion, Mr. Rinehart motioned that the
applicant be allowed to withdraw the petition without prejudice,
The motion was seconded by Mr. Carr and carried unanimously.
Mr. McClure asked that the records show that he was not
participating or voting on the following two rezonings.
ZMP-285. The Southland Corporation has petitioned the
Albemarle County Board of Supervisors to rezone .591 acres
of land from A-1 Agricultural to B-1 Business. Property is
situated on the south side of Route 649
near its
intersection with Route 29 North. Property is further described
as County Tax Map 32, Parcel 36 (part thereof). Charlottesville
Magisterial District.
ZMP-290. North Corporation has petitioned the Albemarle County
Board of Supervisors to rezone .549 acres of land from A-1
Agricultural to B-1 Business. Property is situated on the
south side of Route 649,near its intersection with Route 29
North. Property is further described as County Tax Map 32,
Parcel 36. (part thereof). Charlottesville Magisterial District.
114.2
The staff commented that there was abundant vacant B-1
zoning in the area without additional zoning of B-1. Further
the granting of the segment would establish an area which would
continue the antiquated approval of commercial development.
(strip zoning).
The hearing was then opened to the public.
Mr. James Hill, Agent for the applicant, told the Commission
that most of the land around the area that was zoned B-1
Business was not for sale, especially in small segments.
Mrs. Lovelace commented that there was adequate B-1 zoning
in that area and that it was already a very busy intersection.
She also questioned the correctness of the public advertisement.
The public hearing was then closed and the matter was
before the Planning Commission.
Mr. Rinehart suggested that possibly he would rather have
this zoning at an intersection than along the road, so that
possibly this was a logical location.
Mrs. Miller, Zoning Administrator, commented that according
to state law, it should be re -advertised since the notices were
incorrect.
In view of Mrs. Miller's comments, Mr. Tinsley made a
motion to defer action on ZMP-285 so that it could be re -advertised
properly. Mr. Rinehart seconded the motion which carried
unanimously.
Dr. Sams made a motion to defer action on ZMP-290 so that
it could be re -advertised properly also. Mr. Tinsley seconded
the motion which carried unanimously by those members present.
The Planning staff was asked to re -schedule the two previous
items for the nearest meeting possible.
1143
ZMP-289. Raymond V. Long, Jr. has petitioned the Albemarle
County Board of Supervisors to rezone 2.227 acres of land
from B-1 Business to M-1 Industrial. Property is situated
err+ on the east side of Route 631 (Rio Road) and the west
side of the Southern Railroad. Property is further
described as County Tax Map 61, Parcel 146D. Charlottesville
Magisterial District.
ZMP-288. Raymond V. Long, Jr. has petitioned the Albemarle
County Board of Supervisors to rezone 1.066 acres of land
from B-1 Business to M-1 Industrial. Property is situated
on the east side of Route 631 (Rio Road) and the west
side of the Southern Railroad. Property is further described
as County Tax Map 61, Parcel 146A. Charlottesville
Magisterial District.
Mr.Tucker read the staff report commenting that an M-1
zone in this area is contrary to the Comprehensive Plan
which indicates the area for low density residential and
neighborhood commercial. As a non -conforming operation, the
present activities can continue. He suggested that the area
needed to upgraded to the objectives of the adopted plan,
therefore, an M-1 zone which would permit additional uses which
would be out of character with the immediate area.
Mr. Easter asked that the records show that he was not
discussion or voting on
participating in/ZMP-288 and ZMP-289.
Mr. Raymond Smith, representing the applicant, stated
they would like to construct a building to store materials in.
Mrs.Margaret Parr, Mr. Harold Booth, and a representative
of Northfields Subdivision spoke in opposition to the requests.
Mr. John Lowe, attorney representing Mr. and Mrs. Roepke,
adjacent property owners, spoke in opposition to the request
and suggested that some time ago the planning department had
been asked to make an investigation as to whether the present
use was the same as the pre-existing use or whether it had
been expanded.
Mr. Tucker stated that they had affadavits signed by Mr. Long
that the uses had not been expanded.
1144
Many other property owners spoke in opposition to the
requests.
Mrs. Craddock made a motion to deny ZMP-288 as it was
contrary to the present zoning and character of the area. Mr.
Rinehart seconded the motion which carried unanimously with
Mr. Easter abstaining.
Mr. Carr made a similar motion to deny ZMP-289 which
was seconded by Mr. Tinsley and carried unanimously with Mr.
Easter abstaining.
The planning staff was then instructed to re -investigate
the situation to decide if the non -conforming use had been
expanded, etc.
SP-310. W. M. Collins has petitioned the Albemarle County
Board of Supervisors to locate an addition to a mobile
home park on 4.11 acres of land zoned A-1 Agricultural.
Property is situated on the west side of Route 706,
about 1 mile north of its intersection with Route 708.
Property is further described as County Tax Map 89, Parcel
23A. Samuel Miller Magisterial District.
Mr. Tucker read the staff report recommending that if
the Planning Commission and Board of Supervisors approve the
petition, the following conditions should be a part of the
approval.
1. The two mobile homes which are in violation be made
a part of the request.
2. The mobile home which is located behind the existing
row of mobile homes be relocated at the proposed mobile
home site addition.
3. There be adequate screening - two staggered rows of
evergreen trees, minimum height of 6', where indicated
on the plan prepared by Warren Wade, date 12-3-73.
4. Health Department approval.
5. The extension of water lines in terms of size and material
be approved by the County Engineer.
Mr. Carr asked Mr. Collins if he knew that he was in
violation of the ordinance?
Mr. Collins replied that he had another special permit
for mobile homes.
1145
M
Mr. Staley was concerned if there was sufficient water
supply.
Mrs. Lovelace wanted to know if it could be more evenly
spread over the 14 acres of land? It was ascertained that as
long as his request was within the bounds of the zoning ordinance,
that it did not have to be spread over the 14 acres of land.
Mr. Carr Dorman, a nearby property owner, spoke in oppo-
sition to the request stating that there were no curbs and
gutters, no central sewage, and that it was just, in his opinion,
a rural slum.
Mr. Willis Carson and a Mrs. Hall also spoke in opposition
to the request.
Mrs. Lovelace wanted to know if these mobile hones were
on separate septic tank systems?
Dr. Catlin replied that there was 1 septic tank per two
mobile homes plus drain fields.
Mrs. Craddock made a motion to defer action on the request
until the members had a chance to visit the site. Mr. Carr
seconded the motion which carried unanimously. The request was
to be deferred for two weeks. The Planning Commission stated
that they would like a copy of the recommendations.
SP-311. Robert Pollard has petitioned the Albemarle County
Board of Supervisors to locate a mobile home on 149.3 acres
of land zoned A-1 Agricultural. Property is situated on the
west side of Route 795, about 1 1/2 miles north of Scottsville
Property is further described as County Tax Map 131, Parcel
6. Scottsville Magisterial District.
Mr. Tucker read the staff report commenting that in January
1972 David Pollard requested a mobile home permit (MHP-304)
under the lineal relative clause for his son. His son, Robert,
is now requesting a special use permit to re -locate the above
mobile home on about 40 acres of land which his father will
1146
deed to him. If the Planning Commission and Board of Supervisors
approve this petition, it should be conditioned upon 100'
setback from Route 795, health department approval, and removal
of as few trees as possible.
Mr. Pollard wanted to know if the setback suggested was
mandatory, as there was a good place approximately 85' from
the road to locate the mobile home.
After further discussion the public hearing was closed.
Mr. Rinehart motioned approval of the request for a
period of 5 years, with removal of as few trees as possible,
health dept. approval, and a setback of approximately 80'
from the right-of-way. Mr. Carr seconded the motion.
Mr. Pollard questioned the period of 5 years as he was
concerned about the cost of placing the mobile home there.
Dr.Catlin told him that the probability was very small
that he would not be able to renew his permit.
The motion for approval carried unanimously with the
above mentioned conditions.
SP-312. Isaac Lantz has petitioned the Albemarle County
Board of Supervisors to locate a mobile home on 10
acres of land zoned A-1 Agricultural. Property is situated
off Route 806, about 4 miles east of Nortonsville. Property
is further described as County Tax Map 10, Parcel 5,
(part thereof). White Hall Magisterial District.
The staff report stated that it was assumed that the
mobile home was to be located near the existing homes. If
the Planning Commission and Board of Supervisors approve this
petition, it should be conditioned upon health dept. approval.
Since the mobile home will not be located on a state road,
a minimum setback of 50' from the access road should be
adequate.
After a brief discussion, Mr. Carr motioned approval
1147
of the permit conditioned upon health dept. approval, for
a period of 5 years, and a 50' setback with removal of
as few trees as possible. Mr. Tinsley seconded the motion
which carried unanimously.
SP-313. William F. Austin has petitioned the Albemarle
County Board of Supervisors to locate the stabling
of horses on 2.5 acres of land zoned R-1 Residential,
Property is situated on the north side of Williston
Drive in West Leigh Subdivision. Property is further
described as County Tax Map 59C(1), Parcel 8. Samuel
Miller Magisterial District.
Mr. Tucker read the staff report stating that a special
permit was recently approved on Williston Drive to allow
stabling facilities for 4 horses on 4.5 acres. There also
exists across the lake from subject property an exercise
rink and stabling facilities for horses. If the Planning
Commission and Board of Supervisors approve the petition,
they may wish to limit the number of horses permitted on the
2.5 acres.
Mr. Austin told the Commission that he would like to
stable a maximum of three horses or ponies on the lot. Mr.
Rinehart wanted to know if 3 were necessary.
After further discussion, Mr. Rinehart motioned approval
of the request with a maximum of 2 horses being housed
permanently on the property.
Mrs. Craddock seconded the motion, which carried unani-
mously.
SP-314. Richard Points has petitioned the Albemarle
County Board of Supervisors to locate a mobile home
on 4.15 acres of land zoned A-1 Agricultural. Property
is situated on the east side of Route 671; north side
of Route 668. Property is further described as County
Tax Map 16, Parcel 43. White Hall Magisterial District.
Mr. Tucker read the staff report stating that if the
Planning Commission and Board of Supervisors approve
1148
the petition,
it
should be
conditioned upon
at least
a 50'
setback from
both
Rt. 688
and Route 671, and
health
dept.
approval.
Mrs. Craddock wanted to know if this was an open field?
It was ascertained that it was.
Mr. Tinsley wanted to know if the 50' setback was suffi-
cient? Miss White replied that there were other houses very
close to the road in that neighborhood.
Mr. Carr wanted to know if the applicant owned the
property and the mobile home? It was ascertained that he did.
Mr. Rinehart wanted to know if it could be setback 100''?
It was decided that it could be.
Mr. Carr motioned approval of the request with staff
renewal every 2 years up to 6 years, after which time it would
have to come back before the Planning Commission and Board
14
of Supervisors and also a 100' setback and health dept.
approval.
Mr. Rinehart seconded the motion which carried unanimously.
SP-315. Cecil R. Knight has petitioned the Albemarle
County Board of Supervisors to locate a mobile home on
64.25 acres of land zoned A-1 Agricultural. Property
is situated on the south side of Route 810, about 2 miles
west of Boonesville. Property is further described as
County Tax Map 6, Parcel 38. White Hall Magisterial District.
Mr. Tucker read the staff report stating that due
to the topography, most of the site is clearly visible from
the road. The setback should should be determined by the
best location for the septic system and the access road. If the
Planning Commission and Board of Supervisors approve this petition
it should be conditioned upon health dept. approval. At least
a 50' setback is recommended.
Upon questioning by Mr. Tinsley, it was ascertained that
1149
Mr. Knight kept welfare recepients and other hardship cases
in his home and that possibly a boy that he had raised since
he was a child would be living in the mobile home. It was
ascertained that the mobile home would not be rented.
Mr. Rinehart motioned approval of the permit in view of
the fact that Mr. Knight would be giving someone a place to
live. The motion was for administrative approval every two
years up to a period of 6 years, 100' setback, and screening
left to the discretion of the planning staff.
Mr. Carr seconded the motion which carried unanimously.
Mr. Tucker then asked the Commission if they would like
to make a statement as a body with reference to the Water
Quality Management plan?
He stated that the plan as it relates to Crozet was in
compliance with the master plan.
Upon questioning by Mr. Rinehart, it was ascertained
that approval for Crozet was done previously when the Commission
adopted a sewer plan.
Mr. Carr stated that he thought that economics dictated
the solution to this problem as the interceptor lines were so
much less expensive.
After further discussion along these lines, it was the
Consensus of the Commission that they were not in a position
at this time to make a statement concerning the plan.
The staff said they would like for Mr. St. John to get
in touch with Rosser Payne to discuss the Water Quality Manage-
ment Plan.
Then Mr. Lloyd Wood, Supervisor, asked if possibly a provision
for handling mobile home applications administratively couldn't
be incorporated in the ordinance
1150
since special permits for mobile homes were taking up a great
deal of the Comission's and Board's time.
After further discussion by Commission members the staff
was instructed to come up with a list of quidelines for administrative
approval of mobile homes.
It was the consensus of the Commission that if the applicant
did not meet these guidelines, or there were complaints from
nearby property owners then a public hearing would be necessary
and that the permit should go with the person rather than than
the land.
There being no further business, the meeting was adjourned.