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HomeMy WebLinkAbout06 04 85 PC MinutesJune 4, 1985 The Albemarle County Planning Commission conducted a public hearing on Tuesday, June 4, 1985, Meeting Room 7, County Office Building, Charlottesville, VA. Those members present were: Mr. David Bowerman, Chairman; Mr. Richard Cogan, Vice -Chairman; Mr. Harry Wilkerson; Ms. Norma Diehl; Mr. Richard Gould and Mr. James Skove. Other officials present were: Mr. James Donnelly, Director of Planning and Community Development; Ms. Marcia Joseph, Planner; Ms. Amelia Patterson, Planner; Ms. Mary Joy Scala, Senior Planner; Mr. Frederick Payne, Deputy County Attorney; and Ms. Patricia Cooke, Ex-Officio. Absent: Mr. Tim Michel Mr. Bowerman called the meeting to order at 7:30 p.m. after establishing that a quorum was present. The minutes of the May 14, 1985 and May 20, 1985 meetings were approved as written. Rivanna Phase One Final Plat - Proposal to create 15 lots with an average size of 1.4 acres, with 8.98 acres in open space and 6.06 acres in residue. Total acreage 35.98 acres, zoned PRD, Planned Residential Development. Located on the east side of Rt. 743, just north of the bridge over the reservoir on Tax Map 45, parcel 31. Charlottesville Magisterial District. r Ms. Joseph gave the staff report. She presented additional information concerning the accident record for this section of Rt. 743, as had been requested by the Commission. She indicated research had revealed that this segment of Route 743 (from Rt. 676 to Rt. 844) is "safer" overall than County and Commonwealth roads. The Chairman invited comment from -the Highway Department. Mr. Echols addressed the Commission. He stated Ms. Joseph's report was based on a summary of accidents on this 2-mile section of road that had been received from the Richmond office. He stated he has recently received specific information on the section from Rt. 676 to state road 1560 (Windsor Subdivision), which is only .8 mile. Both sets of information cover the same five-year period (1980-1984). He stated there have been 4 accidents within 500 feet of the proposed entrance and three of those were alcohol or drug related. Mr. Echols stated he did not feel this section of road is any more dangerous than any other road in the County. Regarding the need for a left turn lane for traffic coming from the direction of Earlysville, Mr. Echols stated he felt a left turn lane is not needed since most traffic will be coming from the other direction. In light of the four accidents which have occurred within 500 feet of the proposed entrance, Mr. Gould asked Mr. Echols to comment on the recommended sight distance easement. Mr. Echols responded that a sight easement would only be on this property and when the turn lane is constructed, that easement will become right-of-way in any case. He felt the construction of the turn lane will r�i June 4, 1985 Page 2 will "daylight" the curve and will be beneficial to both the residents of this subdivision and the public. In response to Mr. Bowerman's question, Mr. Echol's information indicated the four accidents had been single -car accidents. Mr. Echols stated that to re -align the road, approximately 2,000 ft. of roadway would be involved and would cost $150,000 to $200,000. The Chairman invited applicant comment. Mr. Morris Foster, representing the applicant, addressed the Commission. He offered the following comments: --The original RPN plan, for what is now Rivanna, was approved in 1980 with the entrance location the same as it is now. --In fall of 1984 the applicant engaged Mr. Foster to proceed with the planning of Rivanna. At that time the applicant desired to build his own home with final road and entrance plans the same as they would be for the subdivision, including the commercial entrance and the turn lane. Thus those issues would already be taken care of. That proposal was approved by the Commission in December, 1984, with identical entrance and road plans as currently exist. He stated that approval had been based on the usual conditions and approvals and Highway Department approval had already been received for the entrance location. The Highway Department had specified the design for the entrance, the turn lane and the cross- section and all those specifications were conformed to. Also at that time the applicant (Mr. Walker) had offered to donate the fill dirt to the County, but the County could not accept the offer since they had no current use for the dirt. --He pointed out this is the third request for approval of an identical entrance. --The applicant has done everything that has been asked of him. --Based on the accident reports from the Highway Department, he did not feel this section of road is any more dangerous than any other road in the County. --He emphasized that the applicant has met all the conditions that have been required by Albemarle County and the State Highway Department. In response to Mr. Skove's question, Mr. Foster stated that moving the road will result in the loss of a lot and would not accomplish anything at all. In 69 June 4, 1985 Page 3 Om Mr. Carter, attorney for the applicant, addressed the Commission. He stated he has prepared all the necessary easements and covenants for the property. He stated he did not feel there was anything in the Highway Department's accident data which could pinpoint this proposed entranceway as the focal point for a dangerous situation. Mr. Foster asked Mr. Payne to comment on the fact that the approval for this entrance was received five months ago and then it seems that it was rescinded. Mr. Bowerman, too, asked how this relates to a change in circum- stances from prior approvals. Mr. Payne explained this was a planned development which was approved specifically with respect to a plan and the aspects of the development having to do with road safety, etc. should have been reviewed at that time. The current plat before the Commission is, basically, a more detailed incarnation of the same development, with no material differences between the PRD plan and the sub- division plat. If the subdivision plat is not approvable, the Commission has, in effect, denied the development which was approved by the re -zoning, and that would constitute a negation of the effect of that re -zoning. He stated he felt the Commission could not do this without being able to show one of three things: (1) Fraud (which is not an issue in this case); (2)Sig- nificant change of circumstances since the time of the re -zoning; or (3) Substantial mistake having been made at the time of the re -zoning. He stated the only other ground on which this could be denied is if the Commission determines that it is a hazard, and in that case, the Commission will bear the burden of proof of establishing that it is a hazard. He added that he felt the Commission's chances of prevailing in such a situation would be negligible. The Chairman invited public comment.. Mr. Bill Tucker, owner of the land directly across Rt. 743, addressed the Commission. He stated he was opposed to the proposed location of the entrance because, in spite of the statistics, this section of road is very dangerous. He stated his opposition to the location was based on what he felt were inadequate sight distance requirements established by the Highway Department. He felt it was unrealistic to base these requirements on the suggested safe speed for the road, rather than on the speed at which the road is actually travelled. He stated his research has shown the road is travelled at much faster speeds than 40 mph, which is the speed on which the Highway Department has based its recommendations. He stated he felt the Commission has a duty not to approve a subdivision which is dangerous to the public safety and welfare. SIT June 4, 1985 Page 4 Ms. Virginia Tegtmeyer, a neighboring property owner, addressed the Commission. She expressed the following concerns: --The questionable safety of the proposed entrance location due to inadequate sight distance; --The effect on the reservoir of the massive disturbance of land due to grading, etc. and the impact of 15 septic drain fields right on the reservoir; --The possible negative effect of 15 new wells on already existing wells in the area; Ms. Max Gentry addressed the Commission and indicated she was in favor of the proposal. She felt the answer to the dangerous situation of the road was to change the speed limit. She stated the applicant has made every effort to comply with the County's requirements. Mr. Foster once again addressed the Commission and pointed out the 400 feet of sight distance was the Highway Department's requirement. He stated when the entrance is constructed and the high bank is graded down, the sight distance will actually be much greater than that, possibly 1,000 feet. Mr. Tucker stated he was concerned about the sight distance in the second curve. There being no further public comment, the matter was placed before the Commission. Ms. Joseph confirmed the Commission's concern about the renumbering of the lots had been taken care of. Mr. Cogan stated he felt the situation will be improved with the construction of the de-cel lane and the improved sight distance. He added that, in light of Mr. Payne's comments, he could see no reason to "go against" the original approval. He stated he did not feel this road was any more dangerous than any other road in the County. He stated he was in favor of the proposal. Ms. Diehl stated she understood the concerns of the neighboring property owners; however, all these issues had been considered when the PRD was approved and she could see no evidence which would justify altering that original approval. Mr. Skove stated if a mistake was made at the time the PRD was approved, it was one that we would have "to live with." He stated he was not in favor of changing the original approval. Mr. Cogan stated he felt there had been no mistake made. Mr. Bowerman stated that the Highway Department had determined this proposed entrance location afforded the best sight distance. He agreed with Mr. Cogan that the construction of the entrance and the turn lane would result in a safer situation than now exists. He stated that he was concerned that the Highway Department has underestimated the speed limit on this section of road. 1// June 4, 1985 Page 5 09 Ms. Diehl moved that the Rivanna Phase One Final Plat be approved subject to the following conditions: 1. The final plat can be signed when the following conditions have been met: a. Virginia Department of Highways & Transportation approval of entrance; b. County Attorney approval of homeowner's agreements to include the maintenance of roads, open space, drainage and appurtenant structures, and with special attention given to protection of the natural buffer on the Rivanna Reservoir; C. Note on plat: "Only those areas where structures, roads, utilities, or other improvements are located shall be disturbed, all other land shall remain in its natural state."; d. Planning staff approval of technical items; e. Issuance of runoff control permit; f. Issuance of erosion control permit; Mr. Cogan seconded the motion which was unanimously approved. Esmont Health Care Center Site Plan Amendment - Request for permanent office trailer to be used for conferences, offices and storage. Located on the west side of Rt. 627, south of Rt. 6, Tax Map 128, parcel 79B. Scottsville Magisterial District. Ms. Patterson gave the staff report. In response to Mr. Bowerman's question, she stated the existing parking and circulation are adequate. The Chairman invited applicant comment. Ms. Karen Brown, representing Southside Health Center, addressed the Commission. She stated the Albemarle County School Board has donated the trailer to provide additional office space. She stated the current facilities are overcrowded. The Chairman invited public comment. There being none, the matter was placed before the Commission. Ms. Patterson confirmed the application is a site plan amendment and not a special use permit; however, it must still comply with the usual conditions of a special use permit application. She also confirmed the Commission can authorize permanent use of the trailer as office space, thus approving it as a site plan addition rather than as a trailer. Ms. Diehl moved that the Esmont Health Care Center Site Plan Amendment be approved subject to the following conditions: 1. A certificate of occupancy will not be issued until the following condition has been met: a. Zoning Administrator approval of compliance with Section 5.6.2 of the Zoning Ordinance. %12 June 4, 1985 Page 6 Mr. Wilkerson seconded the motion, which was unanimously approved. ZTA-85-5 - To amend the Zoning Ordinance to provide for a zoning district designed to accommodate residential facilities dealing with all aspects of preventive, adaptive and rehabilitative health services. Mr. Donnelly gave the staff report. There was some confusion as to what action was required at this time. The Commission did not recall having passed a resolution of intent on this issue. Mr. Donnelly confirmed that a Resolution of Intent had been passed at the May 7 meeting. Mr. Donnelly explained that several inquiries have been received relating to similar types of facilities (in addition to Mr. Zuckerman's). He stated two approaches were possible, either through a special use permit or through providing for a new district to accommodate this type of use. He stated staff feels, because of the size and impact of such facilities, something more than a special use permit approach was warranted. He added that some of the uses proposed by the applicant were not in conformance with the intent of the rural area district. He confirmed that other than rural areas might be proposed for these uses. He stated staff feels a planned development approach will provide more guarantees to adjacent property owners and will also give the Commission and the Board an opportunity to review these in greater detail. It was the consensus of the Commission that further study of this issue was required before taking action. The Chairman asked for comments from Mr. Payne. Mr. Payne indicated he did not necessarily feel this was the best way to handle the matter, i.e. a planned development approach. He indicated it depends on how the Commission views a use of this sort in relation to how it fits in with the plan and the existing ordinance. He stated he views this type of use as more of a resort -hotel concept, and he has two reservations about the planned development approach: (1) It may be a broader approach than is really necessary; and (2) The structure of a planned district may be more elaborate than is needed for this concept. He stated he felt a special use permit approach might be more conducive to development that will help the County. It was the consensus of the Commission that the matter be deferred until June 18. In the meantime, the Chairman requested that staff prepare a statement explaining their rationale for this type of approach and make it available to the Commissioners by the end of this week (June 7) so that it can be discussed briefly at the June 11 meeting. He asked that this information include the pros and cons of each type of approach. I June 4, 1985 Page 7 Mr. Cogan asked also that the question "Under which zoning districts would such a proposal be allowed under a special use permit?" be answered. Mr. Cogan also questioned the need for a height of 65 feet and the correctness of the 35 feet setback requirement. Mr. Skove commented that some of the accessory uses listed in the proposed amendment imply almost a village is con- templated. Mr. Donnelly pointed out the accessory uses would be just for the people who use the facility and not for the general public. Mr. Skove felt the approval of something of this nature could possibly require a seperate sewage treatment plant. Mr. Skove moved that ZTA-85-5 be deferred until June 18. Mr. Wilkerson seconded the motion which was unanimously approved. The meeting recessed at 8:55; reconvened at 9:05. ZMA-85-12 Green Acres Land Trust - Request to rezone a vacant 2.407 acre parcel zoned RA, Rural Areas to CO, Commercial Office. Property, described as Tax Map 60A-9, parcel 24 is located on the north side of Barracks Road (Rt. 654) approximately 600' west of Georgetown Road and adjacent to Huntwood Subdivision. Jack Jouett Magisterial District. Mr. Donnelly gave the staff report. He stated staff was recommending denial of the request because: (1) It is inconsistent with the recommendations of the Comprehensive Plan; (2) It is inconsistent with the statement of intent of the CO, Commercial Office district; (3) Reasonable use can be made of the property under existing zoning; and (4) Commercial designation of the property could result in similar rezoning requests in the area. The Chairman invited applicant comment. Mr. Joe Gieck, the applicant, addressed the Commission. He stated he and Mr. Newall were interested in developing this into something that would be consistent in the area. He stated he had conferred with the planning staff and Mr. Keeler had suggested that commercial offices might be the approach to try. He stated he has had no interest in a rural -type use, but there has been interest in office -type uses. There being no public comment, the matter was placed before the Commission. Mr. Bowerman asked if there was any commercial land on Barracks Road west of Rt. 250 Bypass. Mr. Donnelly explained there is an existing country store which is a non -conforming use west of this location. June 4, 1985 Page 8 Mr. Skove stated he felt staff had summarized the situation well and moved that ZMA-8512 for Green Acres Land Trust be recommended to the Board of Supervisors for denial. Mr. Gould seconded the motion which was unanimously approved. This matter was scheduled to be heard by the Board on July 17, 1985. SP-85-28 Keswick Equine Clinic, Partnership - Request in accordance with Section 10.2.2.18 of the Zoning Ordinance to allow for an outpatient equine clinic and office on a vacant five acre parcel, zoned RA, Rural Areas. Property, described as Tax Map 50, parcel 29H, is located on the north side of Rt. 640 approximately 1/4 mile west of its intersection with Rt. 231, near Cash's Corner. Rivanna Magisterial District. Mr. Donnelly gave the staff report. Mr. Cogan asked for an explanation of condition (2.)--Amendment of this permit shall be required for overnight on site treatment and/or overnight treatment facilities. Mr. Donnelly explained the current application is just for an outpatient clinic and if animals are to be kept on the premises overnight, the permit will have to be amended. He explained further that an amendment to the special use permit would have to require Board review. There being neither applicant nor public comment, the matter was placed before the Commission. Regarding the referral to Section 5.1.11 of the supplementary regulations of the Zoning Ordinance, Mr. Donnelly explained this deals primarily with noise related to veterinary operations. It was the consensus of the Commission that this was an appropriate use in this area. Mr. Cogan moved that SP-85-28 for the Keswick Equine Clinic, Partnership be recommended to the Board of Supervisors for approval subject to the following conditions: 1. Approval of site plan and Virginia Department of Highways and Transportation commercial entrance approval; 2. Amendment of this permit shall be required for overnight on site treatment and/or overnight treatment facilities; 3. Residential use shall be limited to one apartment unit located in the basement of the office building; 4. Written Health Department certification that the septic system facilities are adequate for veterinary use; 5. Compliance with Section 5.1.11 of the supplementary regulations of the Zoning Ordinance, where applicable to the intended use; 6. Discontinuance of equine clinic activities under SP-78-11 after commencement of activities provided for in SP-85-28. n 19 In 7'tr June 4, 1985 Page 9 Mr. Gould seconded the motion which was unanimously approved. This matter was scheduled to be heard by the Board on June 19. SP-85-29 Kenneth L. Gibson, Jr. - Request in accordance with sections 31.2 and 5.6 of the Albemarle County Zoning Ordinance to locate a single wide mobile home on property described as Tax Map 71, parcel 57, Samuel Miller Magisterial District. Property, located on east side of Rt. 689, ±.6 mile south of its intersection with Rt. 637. Mr. Donnelly gave the staff report. The Chairman invited applicant comment. Mr. Clinton Gibson, son of the applicant, addressed the Commission. He stated the proposed mobile home would be occupied by himself and his family (4 people). The Chairman invited public comment. Mr. Robert Johnson addressed the Commission. He expressed concern that the predominance of mobile homes in the area would devalue property. He was also concerned that the unit would not be owner occupied. He stated also he was concerned that special use permits seem to be forever. There being no further public comment, the matter was placed before the Commission. Regarding condition (3.)--Occupancy shall be limited to Mr. Gibson's son and his family --Mr. Donnelly stated if Mr. Gibson's family should vacate the unit, the special use permit would cease. Mr. Payne explained that, in the absence of a specific condition, that is normally not the case. It was determined this condition means if Mr. Gibson's son vacates the unit, it cannot be rented, but it does not require that the unit must be removed. Mr. Clinton Gibson indicated he understood the implications of this condition, i.e. that it was for his use only and could not be rented to others. It was determined some screening would be required. Ms. Diehl indicated she felt strongly that the mobile home should be removed from the site if it should cease to be occupied by Mr. Gibson's son. It was determined that condition (3.) should be expanded to include the requirement that the mobile home must be r removed within 90 days if Mr. Gibson's son and family should vacate the unit. 7& June 4, 1985 Page 10 Mr. Cogan suggested the following language to be added to condition (3.): *400 • Should Mr. Gibson's son and family vacate the mobile home, the special use permit is rescinded and the mobile home must be removed within 90 days of vacation. Mr. Cogan moved that SP-85-29 for Kenneth L. Gibson, Jr. be recommended to the Board of Supervisors for approval, subject to the following conditions: 1. Compliance with Section 5.6.2 of the Zoning Ordinance; 2. Access to Route 689 shall be limited to the existing private drive; 3. Occupancy shall be limited to Mr. Gibson's son and his family; should Mr. Gibson's son and family vacate the mobile home, the special use permit is rescinded and the mobile home must be removed within 90 days of vacation. 4. Location and screening of the mobile home to the reasonable satisfaction of the Zoning administrator. Ms. Diehl seconded the motion which was unanimously approved. The matter was scheduled to be heard by the Board of Supervisors on June 5, 1985. SP-85-30 General Electric - Request in accordance with Sections 10.2.2 and/or 10.2.2.1 of the Albemarle County Zoning Ordinance to allow the use of a vacant three bedroom, one story brick house with basement as a recreation center and meeting area for General Electric employees and guests. Property, described as Tax Map 20, parcel 19D, is located on the north side of Rt..606 across from General Electric Plantapproximately 1,850 feet west of the junction of Rts. 763 and 606. Rivanna Magisterial District. Mr. Donnelly gave the staff report. It was determined the nearest residential dwelling is approximately 300-500 feet to the north. The Chairman invited applicant comment. Mr. James Neblett, representing GE, addressed the Commission. He offered the following comments: --GE has no intention of doing anything that will create a nuisance or will devalue neighboring properties. --GE owns four lots that were originally part of the North Pines subdivision and these four lots act as a screen between North Pines and the parcel in question. --GE also owns lot 13A and it is intended that this lot will remain vacant. --This property had been purchased to act as buffer property between GE and the residential area. %1 June 4, 1985 Page 11 --The house in question will be upgraded and repaired. --The house will be used as a "business activity center", since only activities of a business -related nature will be permitted there. --Possible uses are: a resting area for out-of-town visitors; informal meetings with out-of-town customers; business -related employee meetings such as rewards dinners. The activities will be tightly controlled. --The use will not be a "recreation center as such" as indicated in the staff report. --He asked that condition (1.) be reworded to include employee guests. --Though most activities will take place from 4:00 p.m. to 8:00 p.m., he asked that the recommended time restriction (8:00 a.m. - 10:00 p.m.) be changed since some out-of-town customers may arrive as early as 7:00 a.m. A night-time curfew will be strictly enforced. --He felt that the limit of 25 persons, as stated in condition (3.) was too restrictive, and some flexibility should be allowed. --He felt the same activities should be permitted as would be permitted at a normal residence. --He suggested that GE be required to follow the same guidelines and restrictions as are stated in the North Pines Homeowners Association agreement. --Current screening vegetation will remain; only the usual mowing, etc. will be done. --There are no plans to install any outdoor lighting that would create a nuisance for neighboring properties. He asked, however, that usual security lighting be allowed as might be allowed at a private residence. He indicated any lighting would be directed away from neighboring properties. --It is intended that the existing roadway will be maintained. No elaborate parking facility is intended. Most cars will park in the plant parking lot and walk across Rt. 606. --He confirmed there would be no overnight guests. In response to Mr. Gould's inquiry, Mr. Neblett stated he would be in chxge of the operation. The Chairman invited public comment. Mr. Ray Cavedo, a residence of North Pines, addressed the Commission. He questioned the need for the facility to be in use 7 days a week if it- were going to be used just for business functions. He felt the hours and the days per week usage should be more restrictive. Mr. Ken Wiegand, a resident of North Pines, addressed the Commission. He stated if this area had been purchased by GE to serve as a buffer area, it should remain as such. He felt the underlying purpose of this request was to ultimately construct a ballfield. He felt the restriction to 25 persons was reasonable. He felt no lighting at all should be allowed since outdoor recreation June 4, 1985 Page 12 lighting would not fit in with the residential neighborhood. 14*4 Mr. Darden Battle, a residence of North Pines, addressed the Commission. He stated when he had purchased his property he had been led to believe, by the realtor and the planning staff, that the area adjacent to the area in question was owned by GE and could only be used as a buffer zone. He was concerned if this present application is approved, eventually the buffer area will also be put to some other use. He made reference to the GE Plant in Salem, VA which has large outdoor recreational facilities for its employees. Mr. Charles Besancon, a residence of North Pines, addressed the Commission. He stated GE has been a good neighbor to the subdivision. He was concerned about the intended buffer zone being put into use. He asked that no overnight use be allowed and that this be added to the conditions of approval. He asked that the restriction on the number of people remain as suggested by staff. He stated he was in favor of the property remaining as is, i.e. a buffer zone. Mr. George Miller, a resident of North Pines and an employee of GE, addressed the Commission. He expressed concern about the noise level and the suggested long hours of usage. He stated he would prefer that the area remain as a buffer zone. Ms. Vicky Cavedo stated she was concerned about the possible use of alcoholic beverages on the premises. Mr. Neblett stressed that there would not be any "recreational lighting as such" on the premises and only security lighting is intended, essentially what is already there. He added that there will be no outdoor recreational activities after dark. He stated further that GE does not feel the construction of a ballfield would be practical since it would detract from the aesthetic quality which they wish to maintain in the buffer zone. Regarding weekend use, he stated this would involve customers only and not employee functions. He indicated weekend use would be rare. He stated he would have no objection to the Sunday hours being more restrictive. Mr. James Walker, Sr., a resident of Piney Mt. addressed the Commission. He expressed concern that if this proposal is approved, further expansion will be requested in the future. Mr. Adrian Brown, a resident of North Pines, addressed the Commission. He asked that the alcohol question be answered. He also expressed concern about the traffic on Rt. 606 and tractor trailer usage of that road. There being no further public comment, the matter was placed before the Commission. 7c� June 4, 1985 Page 13 The Chairman asked Mr. Neblett to respond to the additional questions regarding alcohol and traffic. Mr. Neblett stated there would be no excessive alcohol usage though a wet -bar would be present. He added that alcohol would not be allowed outside the house. He stated there should be no change at all in the amount of traffic on Rt. 606 since those customers currently come and go. He indicated he felt most parking would be in the plant lot. Mr. Payne stated he did not feel the Commission could make a recommendation for additional parking since the Ordinance contemplates shared parking between uses. Regarding traffic on Rt. 606, Mr. Neblett added that fork-lift traffic will soon be removed from that road since a road is going to be cut through the plant. It was determined Mr. Neblett's position at GE is Manager of Facilities. Regarding possible future expansion into the buffer zone, Mr. Neblett stated he felt restrictions could be placed by the Commission to prohibit such expansion. He confirmed that he would have no objections to prohibiting overnight use, nor to further restriction of Sunday hours. Mr. Cogan stated that though he was in sympathy with the public concerns, GE has shown itself to be a good neighbor. He stated many of the items that have been requested would automatically be permitted if this were a single family residence in the RA zone. He suggested the following amendments to the conditions of approval: • Add the words and business guests to condition (1.). • Change condition (2.) to read: Hours of operation shall be limited to 8:00 a.m. - 10:00 p.m. six days a week; 12:00 noon to 9:00 p.m. on Sundays; with no overnight use permitted. He suggested the remaining conditions should remain as presented by staff. Mr. Gould moved that SP-85-29 for General Electric be recommended to the Board of Supervisors for approval subject to the following conditions: 1. The recreation center shall be only for the use of General Electric employees, customers; family members and business guests. 2. Hours of operation shall be limited to 8:00 a.m. - 10:00 p.m. six days a week; 12:00 noon to 9:00 p.m. on Sundays; with no overnight use permitted. U June 4, 1985 Page 14 3. Maximum usage at one time shall be limited to twenty-five (25) persons: 4. Construction of outdoor recreation facilities such as ballfields, tennis courts, swimming pools, etc., shall not be permitted; 5. The existing vegetation along front, rear and side lot lines shall be maintained for screening purposes; 6. Outdoor lighting shall be so designed and located so as to shield the light source from adjacent lots; 7. Approval of site plan and Virginia Department of Highways and Transportation approval of commercial entrance permit. Mr. Wilkerson seconded the motion which was unanimously approved. This matter is scheduled to be heard by the Board on June 19, 1985. Eastham Agricultural/Forestal District - Proposed on the east and west sides of Rt. 20 North and the north and south sides of Rt. 612 near Eastham. The proposed district is comprised of 764.75 acres as shown on the attached tax map. Ms. Scala gave the staff report. She stated that no action is required of the Commission at this time, but on June 18 the Commission will be asked to refer the proposal to the advisory committee. Regarding the statement in the staff report which states "The effect of the district is to provide increased protection and real estate tax benefits in exchange for relinquishment of the right to develop to a more intensive use during the period which the parcels remain in the district", Mr. Cogan stated there are no more real estate tax benefits in this district than now exist in farmland that is under the Land Use Program. He stated he was concerned because the way the program is set up a minimum amount of acreage is required to get into the program and this could eventually harm the small farmers who will not be able to get their land use taxation benefits if they are not in the AF district. Mr. Bowerman confirmed that the up -coming party at his home is set for July 27. The Chairman asked Mr. Donnelly to check with the maintenance staff to see if the temperature on the thermostat in the room could be lowered. There being no further business, the meeting adjourned at 10:25 p.m. AAAA A OlhA4,-iA 0& James R. Donne , Secretary IM M