Loading...
HomeMy WebLinkAbout1999-08-11 ACTIONS BOard of Supervisors Meeting of August 11, 19,99, 1. Call to order. AGENDA ITEM/ACTiON 4. 'Others Matters Not Listed on the Agenda from the Public. · There were none. 5.2 Authorize purchase of 56.7 ac~es from the Miller estate adjacent to Chris Greene Lake and Appropriation, $113,400 (Form APPROVED. 6. SP-99-29. Uichie Tavern (Sign #93). * APPROVED subject to the 6 conditbns recommended by PC. 7. ZMA-9-07.' Victoria Burton (Signs #77&78). . APPROVED subject to acceptance of the applicant's proffer, signed, and dated 8/3/99. 8. SP-99-32. The Hawksbill Pottery(Sign #91). . APPROVED subject to the conditions recommended by PC, ahd as amended. 10, Other Matters not Listed on the Ager~da from theBoard. ,, Mr, Perkins mentioned a letter the Board received from the Claudius Cmzet Park Board regarding the proposed development on Hilltop Street. He thinks the Board should look at the possible purchase of pad or all of that property for an addition to Crozet Park. He also would like the Planning staff to look at the feasibility of the Route 240/250 connector. In his opinion, ~f the connector is not going to be built, the area needs to be removed from the Comp Plan as a growth area. He mentioned access across Lickinghole Creak and the need for some legal advice as to whether the County could pay for the bridge and then collect money as the pmpedies am developed. Mr. Perkins suggested that since land deadng is an agricultural activity, it should not require a buming permit fee. Ms. Thomas mentioned the need to rethink the closing of the end of Morgantown Road. Ms. Thomas mentioned that she and Ms. Humphds will be pad of a group, traveling to Portland and Seattle, that is being organized by the V'rginia Department of Rail and Public Transportation, If anyone has any issues they would like discussed, she asked that they let her know. . At the request of Ms. Thomas, the Board agreed to suppod a statement for the Govemor's Task Force on Transportation. She and Mr. Cilimberg to work on the statement for inclusion on the Board's August 18th agenda. Ms. Humphds mentioned that Themas Bliley will be at Hollymeadon August 14th. She suggested the Board provide hkn with information on the their position regarding , talecommunication tow~,.rs. , AugUst 12, 1999 ASSIGNMENT Meeting was called to Order at 7:00 p.m, by the Chairman. All BOS members present except Mr. Bowerman. Clerk: FortNard signed appropriation to Melvin Breeden and copy appropriate persons. Forward signed resolution to County Attomey's County Attomey: Forward copy of all signed documents to Clerk for files. Clerk: Set out conditions in memo to Ranning. C~rk: Set out proffer'in memo 'to Planning. ' C...I~ Set out conditk~,ns in m to Planning. County Executive and Ranning Staff. Prepare report for ,discuSsbn on September 1, 1999. County Executhe and Fire/Rescue staff: Prepare report for discussion on September 1, 1999. County Executive: Put together some information and provide to Ms. Humphds. 12. Adjourn; The meeting Was adjoumed at 9:.29 p,m. Attachment I - Resolution for Chris Greene Lake Park Attachment 2 - Planning Commission conditions RESOLUTION WHEREAS, the County of AIbemade has determined that a need exists to acquire Certain real property adjacent to Chris Greene Lake Park; WHEREAS, the County intends to utilize the acquired property for recreational and related purposes in connection with the operation of Chris Greene Lake Park; and WHEREAS, the Julia C. Miller Estate has agreed to sell Tax Map Parcel 32-3, consisting of approximately 56 acres adjacent to the Park, to the County for the current assessed value of the property, contingent upon approval by the Board of Supervisors. NOW THEEFOE, BE IT RESOLVED that the Board of Super~sors of A!bemade County, V'rginia, hereby authorizes the purchase of the above-referenced property according to the terms and conditions set forth in the Agreement and Deed attached hereto. I, Ella W. Camy, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of AIbemarle County by vote of..f'We to zero. on August Attachment 2 TO: V. Wayne Cilimberg, Director of Planning and Community Development FROM: Ella W. Carey, Clerk, CMC DATE: August 12, 1999 RE: Board Actions of August 11, 1999 At its meeting on August 11, 1999, the Board of Supervisors took the following actions: Agenda Item No. 6. SP-99-29,. MiChie Tavem (Sig~n #93)~ PUBLIC HEARING on a request to amend a special use permit conditions, in accord w/SeC 10.2.2.36 of the Zoning Ordinance which allows for gift and antique stores in the RA. Specifically the request is to allow for the sale of products in the indivklual craft shops in addition to the Country Store & to allow for morn than 50% of the items to be. displayed & sold to be nonhandcrafted. TM 77, P 27, contains 6.709 acs. Znd RA. Located at 683 Thomas Jefferson Parkway (Rt 53) across the street from the intersection of Rt 53 & Rt 1102. Scottsviile Dist. APPROVED SP-99-20 subject to the following conditions: 3. 4. 5. Approval of a site plan that generally conforms to the design approved in 1992 in terms of number of buildings and location of ,bthundings tahnd parking; All structures are to be of 18 and 19 century appearance; No overhead utilities shall be installed; All exterior lighting shall conform to current regulations; Signs to be limited to one freestanding sign not to exceed twelve (12) square feet in area nor exceed ten (10) feet in height, Only wall signs shall be permitted on the proposed craft shops and existing country store and shall be limited in area to one (1) square foot for each one (1) foot of linear frontage of the structure on which the sign is to be located; and Sales in the craft shop shall be restricted to the trades which are being demonstrated in the Craft shops. Agenda Item No. 7. ZMA-99-07, V'gloria BurtOn (Sign #T7 & 78), PUBLIC HEARING on a request to rezone 23,62 acs from RA to R-4'to allow residential development, TM 32C, Section 3, P 2, Located on the S ed of Airport Rd (Rt 649) behind the existing Deerwood Subd, (The Comprehensive Ran designates this property as Neighborhood Density Residential (3-6 du/ac) in the Hollymead Community,) Rivanna Dist, APPROVED ZMA-99-07 as proffered: PROFFER FORM Date: ZMA~ 9,9-07 Tax Map Parce!(s)~ 320-2 23.62 Acres to be rezoned from R-A to R-4 PUrsuant to Section 33.3 of the Albemade County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarny proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives dse to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. (1) A sidewalk or pedestrian path will be provided on one side along Deerwood Drive to Route 649 provided that adequate right Of way currently exists on Deerwood Drive. Sidewalk or pedestrian path shall be shown on any road plans for extension of DeenNood Drive. (Signed) ,Vic!oria H. BurtOn. Signature of All ~ Victoria H. Burton j:~rinted Names Of All Owners (Sk}ned) Earl H. B, urton on behalf of other Burton' heirs 8-3-99 Agenda Item No. 8. SP-99-32. The Hawksbill Pottery {Si.cln &'91}. PUBLIC HEARING to allow home occupation for pottenj making business in accord wlSec 10.2.2.31 of the Zoning Ordinance which allows for home occupations. TM 6281, Block C, P 12 in the Key West Subdivision, contains 1.918 acs. Znd RAL Located at 346 Key West Dr (St Rt 1445). Rivanna Dist APPROVED SP-99-32 subject to the following condition: Not more than two (2) employees who am not family members who reside on site; The normal hours of operation shall be from 8:00 a.m. to 5:00 p.m. Monday through Friday; The home occupation shall be limited to the basement area as it currently exist (1,614 square feet); Equipment associated with this use is restricted to four (4) indoor electric kilns; No permanent signs shall be posted on the property; Use shall comply with the provisions of Section 4.14 of the Albemarle County Zoning Ordinance, and shall verify compliance with all applicable waste handling/disposal and water conbol regulations, including regulations for septic disposal of the Virginia Department of Health, Environmentel Protection Agency, and Virginia Department of Environmental Quality; and This special use permit shall be valid for a period of one (1) year from August 11, 1999. /ewc COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Chris Greene Lake Property Purchase - Miller Estate AGENDA DATE: August 11, 1999 ITEM NUMBER, ACTION: INFORMATION: S U BJ E CTIPRO POSAL/RE QUEST: Request approval to purchase 56.7 acre Miller property adjacent to Chris Greene Lake and approve Appropriation #99015 in the amount of $113,400. CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONTACT(S): Messrs. Tucker, White, Mullaney ATTACHMENTS: Yes REVIEWED..r~ BACKGROUND: In October of 1995, the County was contacted by a real estate agent, on behalf of the Miller Estate, regarding property adjacent to Chris Greene Lake, which has no legal access. The agent claimed the County cut off the only access to the property when a portion of the Chris Greene Lake property was purchased from Mr. Miller in 1966 and, therefore, had an obligation to provide access. The subject property is 56.7 acres, is immediately adjacent to the swimming area, and has a 3,000' frontage along a narrow strip of County property that separates the property from the lake. The County buffer between the lake and this property has an average width of approximately ten feet. The attached map shows the location of the property in relation to the park. If sufficient access is achieved, the property has the potential to be subdivided into five - two acre parcels and two - twenty one acre parcels. The estate has been trying to sell the property to the County since 1992. When the County was approached in October of 1995 regarding the access issue, the asking price was $225,000 and the County appraisal at the time was $97,600. County staff reviewed this matter with the County Attorney's Office and research indicated that the primary access to the residue property was not through property purchased by the County and that there are at least two other options for access to this property that do not involve the County. This matter was taken before the Board of Supervisors in executive session on February 7, 1996. At that session the Board decided not to allow access through the Park and to offer to purchase the property at the then current County appraisal of $97,600. The property owner responded with a counter offer of $200,000 that the County declined. In April of 1997, the owners contacted the County again and offered to sell the property for $150,000. The County assessment had increased to $113,400 as of January 1997 and the County countered with that amount subject to Board approval. Joseph Cochran, attorney for the Miller estate, has notified the County that his client is willing to sell the property to the County for $113,400. This was brought before the Board in executive session on March 3, 1999 and at that session, the Board indicated their willingness for staff to pursue the land purchase with the owners. The attached resolution authorizes the purchase of the Miller property according to the terms and conditions that are set out in the attached purchase agreement and deed. If the Board approves the purchase, the County Attorney's Office is prepared to move forward immediately to finalize the purchase of the 56.7 acres. This purchasewould increase the buffer around the developed area of the park and a substantial section of shoreline. Additionally, preventing the grazing of cattle in close proximity to the beach will help to protect water quality for swimming and water supply purposes. In FY 98/99, the CIP technical committee recommended funding for this purchase in the first year of the plan, but due to the personal property revenue shortfall, the project was later deferred to FY 99/00. In the FY 99/00 review, the technical committee recommended deferral to FY 03/04 due to funding constraints and inability to come to terms on a purchase price. Fund balance revenues from FY98/99 carry-over are now available for the purchase. RECOMMENDATION: With the acceptance of the current County appraisal of $113,400 by the Miller Estate, staff recommends that the Board of Supervisors approve the attached resolution authorizing the purchase of the 56.7 acres adjacent to Chris Greene Lake and authorize the County Executive to sign the required legal documents. Staff further recommends approval of Appropriation #99015 in the amount of $113,400 from the fund balance to purchase this property. 99.144 BOARD OF SUPERVISORS THIS DEED dated this __ day of ,1999, by and between EUGENE T: MILLER, EXECUTOR OF THE ESTATE OF JULIA C. MILLER, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, Grantee. " WITNESSETH: That for and in consideration of TEN DOLLARS ($10), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby GRANT, BARGAIN, SELL and CONVEY with SPECIAL WARRANTY OF TITLE unto the Grantee, its successors and assigns, all that certain tract or parcel of land located in the County of Albemarle, Virginia, containing approximately 56.7 acres, more or less, being described further as the property conveyed to Horace C. Miller and Julia C. Miller, husband and wife, and described as "Tract One," by deed dated November 20, 1978 and recorded in the Clerk's Office of the County of Albemarle in Deed Book 713, page 211. The parties hereto agree, for themselves, their successors and assigns, that the above-described property does not have access to a public road, and that Grantee alone is responsible for providing access to the property conveyed herein. This conveyance is made expressly subject to all restrictions, conditions, rights-of-way and easements, if any, contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property conveyed hereby, insofar as same affect said property, which have not expired by a time limitation contained therein or have not otherwise become ineffective. The Grantee, acting by and through its County Executive, duly authorized by resolution of the Board of Supervisors of Albemarle County, does hereby accept the conveyance of the interest in real estate made by this Deed. This Deed is exempt from recordation taxes pursuant to Virginia Code § 58.1-811 (A)(3). WITNESS the following signatures. Prepared by Albemarle County Attorney's Office August 10, 1999 GRANTOR: THE ESTATE OF JULIA C. MILLER By: EUGENE T. MILLER, EXECUTOR GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA Approved aS to form: By: ROBERT W. TUCKER, JR. COUNTY EXECUTIVE County Attorney COMMONWEALTH OF VIRGINIA CITY/COUNTY OF : The foregoing instrument was acknowledged before me this day of ,1999 by Eugene T. Miller on behalf of The Estate of Julia C. Miller, Grantor. My commission expires: COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: Notary Public The foregoing instrument was acknowledged before me this day of ,1999 by Robert W. Tucker, Jr., County Executive, County of Albemarle, Virginia. My commission expires: Notary Public 2 AGREEMENT FOR PURCHASE OF REAL ESTATE THIS AGREEMENT made this __day of , 1999, by and between EUGENE T. MILLER, EXECUTOR OF THE ESTATE OF JULIA C. MILLER (hereafter the "Seller"), and the COUNTY OF ALBEMARLE, VIRGINIA (hereafter referred to as "Buyer"). 1. Sale and Description of Property. In consideration of the mutual promises contained herein, Seller agrees to sell and Buyer agrees to buy certain real estate in gross with all improvements thereon and appurtenances thereto (the "Property"), located in the County of Albemarle, Virginia, and described as all that parcel of land containing approximately 56.7 acres, more or less, being described further as the property conveyed to Horace C. Miller and Julia C. Miller, husband and wife, and described as "Tract One," by deed dated November 20, 1978 and recorded in the Clerk's Office of the County of Albemarle in Deed Book 713, page 211. 2. Purchase Price. The purchase price for the property is One Hundred Thirteen Thousand Four Hundred Dollars ($113,400.00), and shall be paid by Buyer to Seller at closing by cashier's or certified check or wired funds. 3. Title. The Seller agrees to convey the Property by appropriate deed containing special warranty of title, which title shall be good, marketable, and insurable, free and clear of all liens, indebtedness, encumbrances and tenancies, and subject only to such easements, covenants, and restrictions of record which do not adversely affect marketability and insurability of title. In the event Buyer's attorney finds title to be defective, and should Seller fail to remedy any default within sixty (60) days of notice thereof, this Agreement may be declared null and void by Buyer, and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. Buyer is .aware, notwithstanding Seller's obligation to convey title as set forth in this paragraph, that the Property does not have access to a public road, and Seller is in no way obligated to provide such access to Buyer as part of this conveyance or at any time in the future. 4. Expenses and Prorations. Except as otherwise agreed herein, all expenses incurred by Buyer in connection with the purchase, including, without limitation, title examination, survey costs, preparation of a plat of subdivision, environmental reports, and recording costs shall be borne by Buyer. All taxes, assessments, interest, and rent, if any, shall be prorated as of the date of closing and paid by Seller. Seller agrees to pay the recordation tax applicable to grantors. Each party shall bear its own attomey's fees. 5. Inspection. Buyer and its agents shall have the right to enter upon the Property at any time prior to closing for purposes of engineering,.surveying, site analysis, and such other work, so long as the studies do not result in a change in the character or topography of the Property. Buyer agrees to restore the Property to its original, pre-inspection condition if, as a result of Buyer' s entry onto the Property prior to closing, the Property is altered or damaged. To the extent permitted by law, Buyer also agrees to assume responsibility for the acts or omissions of its employees, representatives or agents for any injury sustained by such persons in connection with Buyer's inspection of the property. This Agreement is contingent upon the Property being flee of hazardous waste or other dangerous environmental contamination. If Buyer determines, in its sole judgment, that such contamination exists, Buyer may declare this Agreement null and void and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. 6. Deed and Other Legal Documents. Seller agrees to execute a deed and other legal documents necessary to convey the Property to Buyer. 7. Time is of the Essence. The Seller agrees that, with respect to all obligations specified herein, time is of the essence. 8. Closing. Closing shall take place at the Albemarle County Attorney's Office on or before May 30, 1999, or earlier if Buyer and Seller agree, or as soon thereafter as title can be examined and papers prepared. 9. Risk of Loss. All risk of loss or damage to the Property by fire, windstorm, casualty or other cause are assumed by, and shall be borne by the Seller, until closing. In the event of any material loss, destruction or damage to the Property, Buyer may declare the Agreement null and void and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. 10. Condition of Property. Seller warrants that the Property shall be in substantially the same condition at closing as it is at the time of the execution of this Agreement. 11. Construction, Benefit and Effect. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia, shall be binding upon and inure to the benefit of the successors and assigns of the parties, constitutes the entire Agreement between the parties, and may not be modified or changed except by written instrument executed by all parties. 12. Agreement Survives Closing. It is expressly understood and agreed by Buyer and Seller that all agreements, promises, stipulations and representations contained herein shall survive closing and shall bind the heirs, executors, administrators, agents, successors and assigns of the parties hereto. 13. Approval by Board of Supervisors. This Agreement is expressly contingent upon its approval by the Albemarle County Board of Supervisors (hereafter referred to as "Board"). If the Board fails to approve this Agreement within sixty (60) days of its execution by Seller, Buyer or Seller may declare this Agreement null and void and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. IN WITNESS WHEREOF, the parties have signed this Agreement as of the day first above written. SELLER: EUGENE T. MILLER, EXECUTOR ESTATE OF JULIA C. MILLER 2 BUYER: COUNTY OF ALBEMARLE, VIRGINIA Approved as to form: BY: ROBERT W. TUCKER, JR. COUNTY EXECUTIVE County Attorney COMMONWEALTH OF VIRGINIA CITY/COUNTY OF : Eugene T. Miller, Executor of the Estate of Julia C. Miller, acknowledged the foregoing Agreement for Purchase of Real Estate before me this __ day of ,1999. Notary Public My Commission Expires: COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: Robert W. Tucker, Jr., County Executive, County of Albemarle, Virginia, acknowledged the foregoing Agreement for Purchase of Real Estate before me this __day of , 1999. My Commission Expires: Notary Public RESOLUTION WHEREAS, the County of Albemarle has determined that a need exists to acquire certain real property adjacent to Chris Greene Lake Park; WHEREAS, the County intends to utilize the acquired property for recreational and related purposes in connection with the operation of Chris Greene Lake Park; and WHEREAS, the 3ulia C. Miller Estate has agreed to sell Tax Map Parcel 32-3, consisting of approximately 56 acres adjacent to the Park, to the County for the current assessed value of the property, contingent upon approval by the Board of Supervisors. NOW THEREFORE, BE ZT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, hereby authorizes the purchase of the above-referenced property according to the terms and conditions set forth in the Agreement and Deed attached hereto. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of ..... to on August 11, 1999. Clerk, Board of County Supervisors miller.res AGREEMENT FOR PURCHASE OF REAL ESTATE THIS AGREEMENT made this .... day of , 1999, by and between EUGENE T. MILLER, EXECUTOR OF THE ESTATE OF JULIA C. MILLER (hereafter the "Seller"), and the COUNTY OY ALBEMARLE, VIRGINIA (hereafter referred to as "Buyer"). 1. Sale and Description of Property. In consideration of the mutual promises contained herein, Seller agrees to sell and Buyer agrees to buy certain real estate in gross with all improvements thereon and appurtenances thereto (the "Property"), located in the County of Albemarle, Virginia, and described as all that parcel of land containing approximately 56.7 acres, more or less, being described further as the property conveyed to Horace C. Miller and Julia 'C. Miller, husband and wife, and described as "Tract One," by deed dated November 20, 1978 and recorded in the Clerk's Office of the County of Albemarle in Deed Book 713, page 211. 2. Purchase Price. The purchase price for the property is One Hundred Thirteen Thousand Four Hundred Dollars ($113,400.00), and shall be paid by Buyer to Seller at closing by cashier's or certified check or wired funds. 3. Title. The Seller agrees to convey the Property by appropriate deed containing special warranty of rifle, which rifle shall be good, marketable, and insurable, free and clear of all liens, indebtedness, encumbrances and tenancies, and subject only to such easements, covenants, and restrictions of record which do not adversely affect marketability and insurability of title. In the event Buyer's attorney finds title to be defective, and should Seller fail to remedy any default within sixty (60) days of notice thereof, this Agreement may be declared null and void by Buyer, and all ~mds paid to Seller by Buyer shall be refunded within thirty (30) days. Buyer is aware, notwithstanding Seller' s obligation to convey ti~e as set forth in this paragraph, that the Property does not have access to a public mad, and Seller is in no way obligated to provide such access to Buyer as part of this conveyance or at any rime in the future. 4. Expenses and Prorations. Except as otherwise agreed herein, all expenses incurred by Buyer in connection with the purchase, including, without limitation, title examination, survey costs, preparation of a plat of subdivision, environmental reports, and recording costs shall be borne by Buyer. All taxes, assessments, interest, and rent, if any, shall be prorated as of the date of closing and paid by Seller. Seller agrees to pay the recordation tax applicable to grantors. Each party shall bear its own attorney's fees. 5. Inspection. Buyer and its agents shall have the right to enter upon the Property at any time prior to closing for purposes of engineering, surveying, site analysis, and such other work, so long as the studies do not result in a change in the character or topography of the Property. Buyer agrees to restore the Property to its original, pre-inspection condition if, as a result of Buyer's entry onto the Property prior to closing, the Property is altered or damaged. To the extent permitted by law, Buyer also agrees to assume responsibility for the acts or omissions of its employees, representatives or agents for any injury sustained by such persons in connection with Buyer's inspection of the property. This Agreement is contingent upon the Property being free of hazardous waste or other dangerous environmental contamination. If Buyer determines, in its sole judgment, that such contamination exists, Buyer may declare this Agreement null and void and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. 6. Deed and Other Legal Documents. Seller agrees to execute a deed and other legal documents necessary to convey the Property to Buyer. 7. Time is of the Essence. The Seller agrees that, with respect to all obligations specified herein, time is of the essence. 8. Closing. Closing shall take place at the Albemarle County Attomey's Office on or before May 30, 1999, or earlier if Buyer and Seller agree, or as soon thereafter as ti~e can be examined and papers prepared. 9. Risk of Loss. All risk of loss or damage to the Property by fire, windstorm, casualty or other cause are assumed by, and shall be borne by the Seller, until closing. In the event of any material loss, destruction or damage to the Property, Buyer may declare the Agreement null and void and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. 10. Condition of Property. Seller warrants that the Property shall be in substantially the same condition at closing as it is at the time of the execution of this Agreement. 11. Construction, Benefit and Effect. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia, shall be binding upon and inure to the benefit of the successors and assigns of the parties, constitutes the entire Agreement between the parties, and may not be modified or changed except by written instnmaent executed by all parties. 12. Agreement Survives Closing. It is expressly understood and agreed by Buyer and Seller that all agreements, promises, stipulations and representations contained herein shall survive closing and shall bind the heirs, executors, administrators, agents, successors and assigns of the parties hereto. 13. Approval by Board of Supervisors. This Agreement is expressly contingent upon its approval by the Albemarle County Board of Supervisors (hereafter referred to as "Board"). If the Board fails to approve this Agreement within sixty (60) days of its execution by Seller, Buyer or Seller may declare this Agreement null and void and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. IN WITNESS WHEREOF, the parties have signed this Agreement as of the day first above written. SELLER: EUGENE T. MII ,LER, EXECUTOR ESTATE OF JULIA C. MILLER ,2 BUYER: COUNTY OF ALBEMARLE, VIRGINIA Approved as to form: BY: ROBERT W. TUCKER, JR, COUNTY EXECUTIVE County Attorney COMMONWEALTH OF VIRGINIA CITY/COUNTY OF : Eugene T. Miller, Executor of the Estate of Julia C. Miller, acknowledged the foregoing Agreement for Purchase of Real Estate before me this . day of ,1999. Notary Public My Commission Expires: COMMOI'CvVEALTH OF VIRGINIA COUNTY OF ALBEMARLE: Robert W. Tucker, Jr., County Executive, County of Albemarle, Virginia, acknowledged the foregoing Agreement for Purchase of Real Estate before me this __day of , 1999. My Commission Expires: Notary Public 3 THIS DEED dated this __ day of ,1999, by and between EUGENE T. MILLER, EXECUTOR OF THE ESTATE OF JULIA C. MILLER, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, Grantee. WITNESSETH: That for and in consideration of TEN DOLLARS ($10), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby GRANT, BARGA1N, SELL and CONVEY with SPECIAL WARRANTY OF TITLE unto the Grantee, its successors and assigns, all that certain tract or parcel of land located in the County of Albemarle, Virginia, containing approximately 56.7 acres, more or less, being described further as the property conveyed to Horace C. Miller and. Julia C. Miller, husband and wife, and described as '~Fmct One," by deed dated November 20, 1978 and recorded in the Clerk' s Office of the County of Albemarle in Deed Book 713, page 211. The parties hereto agree, for themselves, their successors and assigns, that the above-described property does not have access to a public road, and that Grantee alone is responsible for providing access to the property conveyed herein. This conveyance is made expressly subject to all restrictions, conditions, rights-of-way and easements, if any, contained in duly recorded deeds, plats and other instntments constituting constructive notice in the chain of rifle to the property conveyed hereby, insofar as same affect said property, which have not expired by a me limitation contained therein or have not otherwise become ineffective. The Grantee, acting by and through its County Executive, duly authorized by resolution of the Board of Supervisors of Albemarle County, does hereby accept the conveyance of the interest in real estate made by this Deed. This Deed is exempt from recordation taxes pursuant to Virginia Code § 58.1-81 l(A)(3). WITNESS the following signatures. GRANTOR: Prepared by Albemarle County Attomey's Office August 10, 1999 THE ESTATE OF JULIA C. MILLER EUGENE T. MILLER, EXECUTOR GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA Approved as to form: ROBERT W. TUCKER, JR. COUNTY EXECUTIVE County Attorney COMMONWEALTH OF VIRGINIA CITY/COUNTY OF : The foregoing instrument was acknowledged before me this day of ,1999 by Eugene T. Miller on behalf of The Estate of Julia C. Miller, Grantor. My commission expires: COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: Notary Public The foregoing instrument was acknowledged before me this day of , 1999 by Robert W. Tucker, Jr., County Executive, County of Albemarle, Virginia. My commission expires: Notary Public 2 RESOLUT/ON WHEREAS, the County of Albemarle has determined that a need exists to acquire certain real property adjacent to Chris Greene Lake Park; WHEREAS, the County intends to utilize the acquired property for recreational and related purposes in connection with the operation of Chris Greene Lake Park; and WHEREAS, the Julia C. Miller Estate has agreed to sell Tax Map Parcel 32-3, consisting of approximately 56 acres adjacent to the Park, to the County for the current assessed value of the property, contingent upon approval by the Board of Supervisors. NOW THEREFORE, BE ZT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, hereby authorizes the purchase lof the above-referenced property according to the terms and conditions set forth in the Agreement and Deed attached hereto. Z, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of to .... on August 11, 1999. Clerk, Board of County Supervisors mitler.~es July 15, 1999 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4035 Richard E. Carter 414 Park Street Charlottesville, VA 22902 SP-99-29 Michie Tavern Antique Shop Tax Map 77, Parcel 27 Dear Mr. Carter: The Albemarle County Planning Commission, at its meeting on July 13, 1999, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. Approval of a site plan that generally conforms to the design approved in1992 in terms of number of buildings and location of buildings and parking. All Structures are to be of 18th and 19th centmy appearance. No ~erhead utilities shall be installed. All exterior lighting shall conform to current regulations. Signs to be limited to one freestanding sign not to exceed twelve square feet in area nor exceed 10 feet in height. Only wall signs shall be permitted on the proposed craft shops and existing country store and shall be limited in area to one square foot for each one foot of linear frontage of the structure on which the sign is to be located. 6. Sales in the craft shop shall be restricted to the trades which are being demonstrated in the craft shops. 3. 4. 5. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their 'meeting on August 11.1999. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. BOARD OF SUPERVISORS Page 2 July 15, 1999 If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Elaine K. Echols, AICP Senior Planner Erdi/jcf Ella Carey Jack Kelsey Michie Tavern Corp Amelia McCulley Steve Allshouse STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS ELAINE K. ECHOLS, AICP JULY 13, 1999 AUGUST 11, 1999 SP 1999-029: Request by Michie Tavern to Amend Special Use Permit Conditions Applicant's Proposal: The applicant, Michie Tavern Corporation, has requested an amendment to the conditions of Special Use Pennit 76-28 to allow for sales ofhandcrafted items in more buildings than just the Country Store and to remove the condition that half of the items sold be produced on-site. Michie Tavern operates a restaurant, gift shop, and exhibits from the Colonial period at its site along the Thomas Jefferson Parkway near Monticello. A copy of the applicant's petition is shown in Attachment A. The proposal describes the request to remove the two conditions for the special use permit. It also describes the applicants' plan to extend the "exhibition and demonstration" component of the Tavem from 18tn century (Colonial Period) through the Civil War. The purpose of these changes is to increase activity at Michie Tavern and potentially draw more visitors to the site. Petition: The petition is for an amendment of special use permit conditions, in accordance with Section [10.2.2.36] of the Zoning Ordinance which allows for gift and antique stores in the Rural Areas. Specifically the request is allow for the sale of products in the individual craft shops in addition to the Country Store and to allow for more than 50% of the items to be displayed and sold to be non-handcrafted. The property, described as Tax Map 77 Parcel 27, contains 6.709 acres, and is located in the Scottsville Magisterial District at 683 Thomas Jefferson Parkway [Route # 53] across the street from the intersection of Route 53 and Route 1102. (See Attachments B & C.) The property is zoned KA Rural Areas. The Comprehensive Plan designates this property as Rural Area. Character of the Area: The area is characterized as rural open space with historic and tourism uses. The parcel in question contains the Michie Tavern restaurant, gift shops, and exhibits. The Fraternal Order of Police Lodge and rural homes are nearby. RECOMMENDATION: Staff recommends approval of the request to remove the condition requiring handcrafted items and items made on-site. It cannot recommend approval of the request to increase the area of sales. Planning and Zoning History: In 1973, the Board of Supervisors approved a special use permit to allow a gift, craft, and antique shop on the land adjacent to Michie Tavem. The Tavern had been in operation as a restaurant and tourist destination since before 1950, although the building had been relocated from its original site in Earlysville some years prior to the opening of the restaurant. The conditions of the special use permit were as follows: 1. Health Department approval for proper sanitary facilities t 2. All structures are to be designed to fit into the 18 h century period. 3. No sale of any product within the individual craft shops. Sales restricted to the building housing the country store. 4. No overhead utilities will be installed. 5. A deceleration lane to be provided at the new entrance to the satisfaction of the Virginia Department of Highways. 6. All proposed exterior lighting to be shown and reviewed on site plan. 7. No advertisements other than to locate entrances and to identify the facility, limited to the minimum requirements of the A-1 Agricultural zone with reference to business signs. All signs are to be in character with 18th century. 8. Approval conditioned upon review of contract documents (working drawings and specifications) by the Planning Commission prior to issuance of building pennits for conformity with intent of this facility in the proposed historic district. Certificate of Occupancy to be issued only when all conditions (1-10) have been met. 9. Fifty percent of the inventory value in the store be made in the craft shops. 10. Special Permit is to be reviewed and renewed every three (3) years. As proposed, Michie Tavern, in addition to its restaurant offerings, was to act as a historic exhibit with craft shops for silversmithing, tinsmithing, soap and candle work, pottery, leatherwork, weaving and other craft work of the Colonial period. All items crafted were to be sold at the "country store". The Planning Commission in 1973 approved a site plan showing the "shops", country store and parking area. In 1976, the special use permit was amended as follows: 1. ' Health Department approval for proper sanitary facilities 0 ]8th 2. All structures are to be ~ century appearance. 3. No sale of any product within the individual craft shops. Sales restricted to the building housing the country store. 4. No overhead utilities to be installed. 5. Approval by the Virginia Department of Highways. 6. All proposed exterior lighting to be directed away from adjacent properties. 7. Signs to be limited to one freestanding sign not to exceed twelve square feet in area nor exceed l O feet in height. Only wall signs shall be permitted on the proposed craft shops and existing country store and shall be limited in area to one square foot for each one foot of linear frontage of the structure on which the sign is to be located. 8. Fifty percent of the inventory value in the store to be handcrafted items. When the craft shops are complete, fifty percent of the inventory value in the store is to be handcraj~ed in the craft shops on site; 9. Relocation of sign located near eastern entrance to location determined by staff to provide improved site distance at entrance. Several site plans have been approved since 1976, all of which showed the craft shops, but which primarily modified parking, the dining hall, the bus loading area, and landscaping. The last site plan to be approved was in 1992, a copy ofwhich will be on display at the Planning Commission meeting. This site plan was the first site plan to go to the Architectural Review Board and was also reviewed by the Planning Commission. Zoning has determined that a new site plan will be required prior to any additional construction on the site, including the erection of the craft shops. [Some of the "craft shops" are 18th century period buildings that have been relocated to this site to create a Williamsburg-type exhibit area]. In 1998, a special use permit was approved to allow for off-site parking of buses for Michie Tavern because Michie wanted to have a parking lot separate from the Fraternal Order of Police Lodge parking area. Although the purpose of the approval was to separate the parking area for Michie from the parking area of the Lodge, the new parking area might also provide more parking area for buses than the amount presently provided. A site plan has not been approved for this site yet. Comprehensive Plan: The Comprehensive Plan identifies the rural areas as places for (1) preservation of agricultural and forestal activities; (2) water supply protection; (3) limited service delivery; and (4) conservation of natural, scenic, and historic resources. Commercial activities are supported primarily in the Development Areas where infrastructure is available. Exceptions are made where commercial activities are proposed to enhance the agricultural and forestal activities of the rural areas or provide very limited services to the residents involved in agriculture. The Comprehensive Plan also promotes the protection of the County's historic and cultural resources. Michie Tavem is a historic landmark recognized by the Commonwealth of Virginia. It is not eligible for National Register designation because the building was moved from its original site in Earlysville. The proposed craft shops would likely not be eligible for historic designation because of loss of their geographic context. Though the Tavern is an original building from the 18th century, debate exists in the community as to its historic Status and whether or not the Michie Tavern complex constitutes a historic resource. Zoning Considerations: The Zoning Department has indicated that a new site plan will be required showing all existing improvements and the proposed craft shops. The site plan would have to be reviewed by all reviewing agencies including the Architectural Review Board prior to approval. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance below: The Board of Supervisors hereby reserves unto itself the fight to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property. The initial question here is whether or not the requested change in what types of crafts will be sold and where sales will occur will affect adjacent properties. The issue of the type of crafts to be sold is an interesting one. Although the original plan was to produce crafts on-site, no crafts at all are produced at Michie Tavem. The gift shop in the "Country Store" and the girl shop in the restaurant both sell crafts and gifts that have been produced off-site. Many of the gifts are manufactured rather than handcrafted. ~, · Regarding where crafts will be sold, it would appear that adding places on-site for more craft sales would intensify the use of the commercial activity on-site. The effect on adjacent property would be less detrimental than the effect on the rural areas as a whole. The types of crafts sold and origin of manufacture will not directly have a detrimental effect on adjacent properties. that the character of the district will not be changed thereby. Two questions exist on the effect of the proposal on the character of the district. The first question has to do with what is actually happening at Michie Tavern. The second question has to do with how Michie Tavem and its proposed changes affect the character of the rural area. The request to remove the one condition from the special use permit relating to the location for sale of goods would have the result of intensifying the sales activity for Michie Tavern. At present, there is about 4000 square feet of area devoted to retail sales. With the "craft shops" available for retail sales, an additional 2700 feet of sales area could be added to the use. While there are no limitations in the Zoning Ordinance on areas for sale 0f "gifts and antiques", "country stores" are limited to 4000 square feet of retail area. The potential additional area for sales along with the already approved areas craft area and demonstrations will intensify the use at this location. An intensification of use is proposed by the applicant ' as part of the marketing goal to capture more of the tourism activity already in the County. The character of the rural district could be changed by the intensification of the commercial activities of Michie Tavern. Michie Tavern is a unique tourist attraction in Albemarle County, but it is difficult to assess the extent to which the character of the district might be changed. At present, the facility provides a restaurant and sales destination for both visitors to the area and the community as a whole. It is not purely a historic destination nor is it purely a restaurant and gift shop. and that such use will be in harmony with the purpose and intent of this ordinance. The purpose and intent of the Rural Areas is to promote the conservation of natural, scenic, and historic resources. Michie Tavern contains one of the County's architectural resources and tourist destinations. While the potential increased commercial activities support tourism in the County, they would also potentially increase localshopping as well. The increased cormmercial activities, however, do not support the agricultural populations of the County. with the uses permitted by right in the district, Uses permitted by right include agricultural and forestal uses, residences, tourist lodging, farm wineries, and stables. The existing use is viewed to be in harmony with the permitted uses of the district. The increase in intensity of use might not be in harmony with the permitted uses. with additional regulations provided in Section 5.0 of this ordinance, There are no additional regulations in Section 5.0 of the Zoning Ordinance. and with the public health, safety and general welfare. No impacts on public health are anticipated with this special use permit. Impacts on safety need to be assessed with additional information regarding traffic increases in relation to the intensified education and sales component. Submittal of a site plan for the craft shops will result in a review by VDOT of the existing entrances and intersections. The level and extent of any changes could be assessed as part of the site review process. Conditions for changes are often worked out at the special use permit level so that all parties are aware of the changes needed at an early stage. There is also more latitude in imposing conditions related to safety at the special use permit stage. An intensification of a commercial use in the Rural Areas could affect the general welfare of the community by increasing a commercial use in the rural areas that is not supportive of the agricultural community. SUMMARY: Staff has identified the following factors which are favorable to this request: 1. There are no items produced on-site at present. Although originally planned as a handcraft producing exhibit, the shops to produce the crafts have never been constructed and there is an active retail sales component that does not seem to be overly intensive. 2. Approval was given for the craft shops in 1973 and no expansion of the facility onto adjoining properties is proposed. 3. Extending the historic time period represented in the displays broadens the historic perspective but would not appear to be detrimental to the historic tourism aspect overall. Staff has identified the following factors which are unfavorable to this request: 1. Additional commercial area on-site for sales and additional educational activities has the potential to intensify the commercial activities in the Rural Areas. RECOMMENDED ACTION Staff recommends removal of the condition, which requires 50% of the inventory value in the store to be handcrafted items and that 50% of the inventory value in the store be handcrafted in the craft shops on-site. Staff recommends that the condition relating to the structures having an 18th century appearance be modified to include the 19the century as well. Staff does not recommend approval of the request to extend the sales areas to the craft shops. In its recommendation for approval, staff recommends the following conditions: 3. 4. 5. Approval of a site plan that generally conforms to the design approved in1992 in terms of number of bui!dings and location of buildings and parking. All structures are to be of 18th and 19th century appearance. No overhead utilities shall be installed. All exterior lighting shall conform to current regulations. Signs to be limited to one freestanding sign not to exceed twelve square feet in area nor exceed 10 feet in height. Only wall signs shall be permitted on the proposed craft shops and existing country store and shall be limited in area to one square foot for each one foot of linear frontage of the structure on which the sign is to be located. No sale of any product within the individual craft shops· Sales shall be restricted to the existing building housing the country store. ATTACHMENTS: A - Description of project B - Location Map C - Property Map ATTACHMENT A Applicant requests amendments to conditions 3 and S of SP-76-28 approved by the Board of Supervisors'on May 5, 1976. Those conditions are: shops. "#3 No sale of any product within the individual craft Sales restricted to building housing the Country Store." Applicant desires flexibility to offer the sale of wares both in the General Store and the structures where period trades are demonstrated. "8 Fifty percent of the inventory value in the store to be handcrafted items. When the craft shops are complete, fifty percent of the inventory value in the store is to be handcrafted in the craft shops on site." Applicant desires to amend this condition so that the items displayed and/or sold in the structures where period trades are to be demonstrated will reflect lSth Century and will be either handcrafted or accurate reproductions of these trades. Additionally, educational materials related to these trades will be made available. BACKGROUND In 1973 and 1976 the Albemarle County Board of Supervisors approved Michie Tavern's Special Use Permit which included the addition of historical buildings to house 18th Century demonstrations of period trade. Now, twenty years hence, two historical buildings have been erected. They include the Ca. 1822 Sowell House, recipient of three architectural preservation awards=. This building is open to the public freeof charge as an exhibit/educational house/museum. The Tobacco Barn, an 18th Century Albemarle structure, was relocated to this site in 1992 and is currently used for storage. The Special Use Permit calls for structures with an 18th Century appearance as a setting for period trade demonstrations. Applicant has gone beyond these requirements and has decided to use original structUres that would depict rural Virginia architecture from the early 18th Century through the Civil War. These structures, like the Sowell House, 'mustlserve as an educational tool and reflect well on the integrity of our entire site. Preservation is Michie Tavern's foundation and any structure on these grounds must be executed with the utmost authenticity and care. Through touring these buildings,-period trades will be highlighted. Pottery, textiles, blacksmithing, tinware and woodworking are only a few examples of handmade wares which can be demonstrated in and around these historic structures. Skilled artisans will interact with quests about period techniques and tools as they demonstrate their craft. The above mentioned is already permitted under our Special Use Permit. Our concept alters slightly regarding the location of where goods are produced and sold. Originally, these wares were to be crafted on site and sold only in the General Store. Now we are asking for merchandise to be crafted on or off-site as well as offering historic reproductions made elsewhere. Our request stems from several years experience with trade demonstrations and related sales. We realize we can not attain our goals unless some of the wares are sold within the structures. This type of market relies on interaction with the artisan in his or her setting as it pertains to his or her trade. The wide range of merchandise in the General Store may diffuse the uniqueness of the period crafts by contrast of them being sold in its setting. It is important to remember that our demonstrators of period trades have a dual role - artisan and educator. They rely on sales to foster their craft and to educate the public so that these 18th Century trades survive. These items offered in the trade shops are educational in themselves and in no way reflect typical gift shops or souvenirs. In addition, if items are sold in the General Store only, we are forcing customers to traverse the lengthy trail down to the General Store. It is also our responsibility to our visitors, especially the senior citizens or disabled, to offer convenience. We do not feel it would be in the best 'interest of our quests to require them to walk to the General Store to purchase items. Also, many visitors will visit the General Store before visiting the buildings where the trades are featured. Making them return to the General Store to make purchases would be an inconvenience. Finally, the flexibility of offering merchandise for sale either in the trade building and/or General Store would help produce the necessary revenue to construct authentic structures versus new structures with an old appearance. In s,~mmary, we perceive the Sowell House as the educational hub of our historic craft buildings. Here books on the 18th Century would reflect the trades demonstrated and ware sold in the surrounding buildings. The Sowell House would continue to house two exhibit rooms that educate quests on its origin, architecture and preservation. Downstairs in the Kitchen and Root Cellar, special programs can be held for small groups-- especially students. The student market =is our fastest growing segment. Our educational programs for youth have been steadily expanding and this space is necessary to continue our growth in this area. There can be many hands-on opportunities regarding learning early trades, i.e., the Kitchen would be an ideal setting for cooking by the hearth. Again,.like the Sowell House, the accuracy. of these structures will stand on their own as educational tools and further enhance Michie Tavern's preservation theme. Unlike stereotypical gift shops, the trade demonstrations and sales of historic reproductions will offer an 18th Century market setting which will provide opportunities for learning. As stewards of an historic site, it is our responsibility to render any project with the utmost accuracy for the benefit of education, safety and enjoyment for our guests. However, accuracy is depending on altering our original plans simply by having more flexibility of where the period style ware are sold. Enan S- :' .,VILLE .. ~/ 1 Charlottesville - AIbemarle Airport PrOfitt t Michie TO RUCKERSVILLE · ' ....-' ATTACHMENT B ORAA~GE / 1 EARLYSVILLE AREA ~OUR TIMES MAP SCALE TO BARBOURSVILLE \, TO LOUISA r~ TO ZION CROSSROADS TO PALMYRA A TTACHMi~NT C ALBEMARLE COUNTY ~ .,~,,,,/-- .../'~ ~ :-.//.~. .;= \ . ~ /.'/J /,..d~/~!' // ~ ,. ' > ,/~' ./ /~ ': . ~ ..... / '~,- ' ,~,~, ,,,,,- RIVANNA AND SECTION 77 '~; ................. SCO~SVILLE DISTRICTS JUly 15, 1999 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4035 Earl Burton 95 Deerwood Drive, #B Charlottesville, VA 22911 ZMA-99-07 Victoria Burton (Deerwood Phase II) Tax Map 32C, Section 3, Parcel 2 Dear Mr. Burton: The Albemarle Cotmty Planning Commission, at its meeting on July 13, 1999, unanimously recommended approval of the above-noted petition to the Board of Supervisors2 Please note that this approval is with the understanding that the applicant will proffer a sidewalk or pedestrian path along Deerwood Drive to access Route 649 from the rezoned area, provided there is adequate right-of-way. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on Aul, ust 11, 1999. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please. do not hesitate to contact me. Sincerely, V~.~W~ erg ' Development Di;ector of Plann~ BOARD OF SUPERVISORS Cc: Ella Carey Steve Allshouse Jack Kelsey Amelia McCulley Victoria & Robert Burton, Jr '7-28-1999 J..: ASPM FROM BLDG/'ZONING SERVICES 884 972 ~128 Original Proffer x Amended Proffer (Amendment # .... ' i" PROFFFR FORM Date: ZMA # 99-07 Tax Map Parcel(s) # 32C-2 23.6g Acres to be rezoned from tO P,-Z~ Pursuant to Section 33.3 of the Aibemarle County Zoning Ordinance,. the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. (1) A sidewalk or pedestrian path will be provided on one side alonS Deerwood Drive Co Route 649 provided chat adequate right of ~'ay currently exists on Deer~ood Drive. Sidewalk or pedestrian path shall be shown on any road plans for extension of DeePwood Drive. Signatures of All Owners OR Printed Names of All Ownera Date _ Signature of Attorney-in-Fact (Attach Proper Power of Attorney) Printed Name of Attomey-inLFact PROFFORM.WPD Rev. December 1994 STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: William D. Fritz, AICP July 13, 1999 August 18, 1999 ZMA 99-07 Deerwood Phase II Applicant's Proposal: The applicant is proposing to rezone approximately 24 acres from RA,.Rural Areas to R-4, Residential. The property is located at the rear of the existing Deerwood Subdivision located on Airport Road. Petition: Request to rezone 23.62 acres from RA, Rural Areas to R-4, Residential to allow residential development. The property, described as Tax Map32C Section 3 Parcel 2 is located in the Rivanna Magisterial District on the south side of Airport Road [Route # 649] behind the existing Deerwood Subdivision. The Comprehensive Plan designates this property as Neighborhood Density Residential (3 to 6 dwelling units per acre) in the Hollymead Community. Character of the Area: The site under review is a fairly level area of pine woods at the rear of the existing Deerwood development. Drainage swales are located near the rear boundaries of the site. There are currently 59 lots in Deerwood with 47 houses. Access through the area under review is through Deerwood to Airport Road. Adjacent areas are undeveloped. RECOMMENDATION: Staff has reviewed this request for compliance with the Zoning Ordinance and Comprehensive Plan and recommends approval. Planning and Zoning IIistory: February 14, 1966 - A preliminary plat for Deerwood was approved. This plat showed 112 lots including 53 in the area now under review. October 17, 1968 - The Board of Supervisors approved ZMA-14, which rezoned a portion of the existing Deerwood development. November 19, 1970 - The Board of Supervisors denied ZMA-133, which was a request to rezone the area currently under review from A-1 to R-1. December 21, 1972 - The Board of Supervisors approve SP-227 permitting a central septic system to serve 10 residences in the existing Deerwood development. 1993 - The County reviewed ZMA 93-05 which was a request to rezone the area under review from RA to R-4. The Planning Commission recommended denial of the request and the application was withdrawn prior to a final decision by the Board of Supervisors. (The minutes of two Planning Commission meetings are attached.) Comprehensive Plan: During the review of ZMA 93-05 a primary reason for the recommendation of denial was the inconsistency of residential zoning with the Comprehensive Plan. (Uncertainty regarding the future improvements of Airport Road and the Airport Noise Impact Area were also an issue.) At the time ZMA 93-05 was reviewed the Comprehensive Plan the area at the rear of Deerwood (the area now under review) was recommended for Industrial Service. The land use designation of the area has been changed from Industrial Service to Neighborhood Residential. The change in designation was due, in part, to recognize the prior plans to develop the area and the fact that the only available access for the area is through Deerwood. The Comprehensive Plan designation for this area is Neighborhood Density Residential (3 to 6 dwelling units per acre.) An R-4 designation for this property would be consistent with the range of density recommended by the Comprehensive Plan. A higher density for this site may not be appropriate due to the existing nature of development in Deerwood and the existing road network within Deerwood. In addition, an R-4 designation would be consistent with the density originally proposed for this area in 1966. Based on the above analysis staff considers this request to be consistent with the Comprehensive Plan. STAFF COMMENT: During the review of ZMA 93-05 staff identified favorable and unfavorable factors to rezoning the area from RA to R-4. Staff will provide comments on how each of these factors have been addressed during the current review. The unfavorable factors identified during the review of ZMA 93-05 were: 1. Access to the site does not incorporate turn lanes Route 649 as recommended by VDOT to overcome "the potential for serious safety and operational problems to Route 649 ". Currently, plans for the upgrading of Airport Road (Route 649) are under review (estimated start of construction is summer/fall of 2000). The improvements proposed as part of the Airport Road changes address this concern. These improvements include widening of the road to four lanes (divided) with left and right rams at a crossover at Deerwood. 2. R-4, Residential is inconsistent with the Comprehensive Plan land use recommendation and rezoning would result in a loss of Industrial Service Area. The Comprehensive Plan, Land Use Plan was changed in 1996 to designate this area as Neighborhood Residential. R-4 designation is consistent with the Comprehensive Plan. 3. Residential development within the Airport's Noise Impact Area increases the potential for conflict between residents and the airport. The airport is a substantial public investment. The May 1994 Airport Master Plan revised the Noise Impact Area. No portion of Deerwood or the area under review is now in the Noise Impact Area. There is still the potential for population concentrating to oppose modifications (expansions) to airport activity. 4. The proposal more than doubles the number of lots, not provided a second access as called for in Section 32. 7.2.4 of the Zoning Ordinance: This concern remains. Staff is unable to identify any design alternatives which would permit a second point of access to a public road. (The only access Deerwood has to a public road is to Airport Road.) However, the plans for Airport Road include a parallel road that provides access the Deerwood. This may be considered a second point of access. The County can require the provision of access to adjacent property during the subdivision review process. As adjacent property develops Deerwood may be provided with a second point of access. Provision for future access possibilities can be required during the review of subdivision proposals. The favorable factors identified during the review of ZMA 93-05 were: i. The applicant was incorrectly informed that the zoning was R-4 and prepared a plat based on that information. For a number of years the applicant has received a tax bill based on R-4 zoning of the property. The tax information on this property has been corrected. However, the applicant had been informed that the property was R-4 and had made development plans based on information received from the County. 2. The proposed development represents an extension of the existing Deerwood development as 2 regards similar residential development and extensions of access. The drainage swales at the boundaries of the site form a natural boundary and decrease the viability of the site being developed industrially without combination with adjacent properties. As stated previously this area is no longer recommended for industrial service. The proposed development does represent an extension of the existing Deerwood development. During the prior review, ZMA 93-05, VDOT recommended improvement of the existing roads within Deerwood. VDOT during the current review has also recommended improvements to the roads (Attachment D). During the prior review staff commented "Staff opinion regarding the upgrading of existing Deerwood roads is that the proposed development does not result in an unsafe situation on these roads. Additional maintenance costs may be incurred due to the increased level of traffic. However, as the roads are not noted by VDOT as becoming non-tolerable, staff does not feel upgrade of the existing roads is imperative." Staff opinion regarding the roads within Deerwood remains unchanged. Recently, VDOT has taken a position that they can require upgrade of existing subdivision streets as part of the road plan review and permitting process. SUMMARY: Staff opinion is that the only unfavorable factor to this proposal is the lack of a second access. No alternatives to provide a second point of access have been identified. Approval of this rezoning is not unlike other approvals in the County with only one access point such as Dunlora, Mill Creek South, and Reynovia. A second point of access may be achieved as adjoining properties develop. The unfavorable factors cited in the prior review have been addressed by changes in the Comprehensive Plan; changes in the Airport Noise Impact Area and by the development of plans for the upgrading of Airport Road. Therefore, staff is able to support the requested rezoning of this property. RECOMMENDED ACTION: Staff recommends approval of ZMA 99-07. No proffers are proposed as no negative factors which can be overcome by proffer have been identified. ATTACHMENTS: A - Location Map B - Tax Map C - Minutes of PC meetings for ZMA 93-05 D t VDOT Comments E - Staff report for ZMA 93-05 NTAIN 'AIN / BUCK MTN, C .I %/ NT IATTAC H M E NT~A~ EARLY~, ! 22 \ ALBEMARLE COUNTY 2O 3A 4J 4I 4 66 22 1 ATTACHMENT B _ PAGE 1 f WHITE HAL.,L & RIVANN,~ DISTRtCTS SECTION 32 ALBEMARLE COUNTY ATTACtt]VIF_,.].].NT e PAGE 2 DEERWOOD OSECTION ONE'D.E 426,P~-45'/' Q SECTION TWO-~a455.~.i6 · G)ACREAGE RiVANNA 'DISTRICT SECTION 32C etition~ ~ " to rezone 18.5 acres from RA, RuralAreas to R'4, Residential. Property, described as Tax Map 32C, Section 3, parcel 2 is located south of and adjacent to the existing Deerwood Subdivision. A preliminary plat is being reviewed concurrently (SUB-93-O1 Deerwood Preliminary Plat). This site is located in the Rivanna Magisterial District and is in a designated growth area (Community of Hollymead) and is recommended for Industrial Service. Deferred from the May 4, 1993 Planning Commission Meeting. AND SUB-93-01 ~=~VCG{!.~'t~'~.~Y-.~'~,~;-M-. Proposal' to subdivide a portion of 18.5 acres into 38""~'i~gle family lots and 36 6-3-93 ATTACHMENT C 2 townhouse lots. Access is through existing roads~in Deerwood Subdivision. Property, described as Tax Map 32C, Section 3, Parcel 2 is located south of and adjacent to the existing Deerwood Subdivision. A request to rezone the property to R-4, Residential is being Teviewed concurrently (ZMA-93-05). This site is located in the Rivanna Magisterial District and is in a designated growth area (Community of Hollymead) and is recommended for Industrial Service. Deferred from the May 4, 1993 Commission Meeting. Mr. Fritz.presented the staff report. In response to the Commission's previous concerns about the safety of the intersection at Rt. 649, Mr. Fritz's memo of May 25 stated: "Staff has contacted VDOT and has obtained comments from them. The comments indicate that the nature and alignment for the improvements to Route 649 are unknown at this time. The comments of VDOT establish that the proposed development alone would necessitate the need for right and left turn lanes. VDOT states that the existing level of traffic at the entrance to Deerwood is at or above capacity for the design of the current entrance .... The Department of Transportation has stated that 'the addition of greater numbers of unprotected turning movements on a high-volume secondary road can only lead to increased accident rates and reduced level of service'. From this statement it is apparent that the increase in traffic would not be consistent with the public health, safety, and welfare without the provision of right and left turn lanes. The additional comments of VDOT reinforce their previous statements and staff's concerns in recommending for denial of ZMA-93-05 remains unchanged." Mr. Blue asked if the applicant had received a copy of staff's memo. Mr. Fritz stated the memo had been sent to the applicant (or possibly the applicant's representative) at the same time it had been sent to the Commission. Mr. Blue noted that Ms. Burton had indicated to him "last night" (by phone) that she had not seen the memo. Mr. Nitchmann asked how it is determined that the existing entrance is "at or above capacity." Mr. Fritz stated it was his understanding that determination is based on the lane widths and pavement strength of the entrance. Mr. Cilimberg added that turning movements on Rt. 649 are also a consideration. Mr. Cilimberg also explained: "The capacity of roadways are based on the ability of that intersection to handle the turning movements. It is an engineering calculation that is based on the number of lanes and the turning movements that occur and how they effect delays in traffic atthat particular location." Staff confirmed there was no sight distance problem at the intersection. Mr. Nitchmann interpreted: "The capacity coming out is not. impacted, but there will be a longer delay." Mr. Cilimberg 6-3-93 ATTACHMENT C 3 confirmed the delays are the primary factor in determining capacity." Mr. Blue felt there was a little more to the issue since the absence of a left turn lane on Rt. 649 would cause delays on that road also. Mr. Cilimberg felt the main issue was the delays on the main thoroughfare (649) and traffic conflicts. The applicant was represented by Earl Burton. He explained that he had received the memo referred to by Mr. Blue. (It had been sent to him rather than his mother.) He stated that a resident of Deerwood whom he consulted feels that this section of 649 is not dangerous. Accident records show that approximately 1 accident/month occurs on this road. He stated the applicant would not withdraw the request. He reminded the Commission that both the Real Estate and Zoning Departments had informed the applicant the property was zoned R-4 and based on that belief a considerable amount of money has been expended in the development of this plan. He stated the issue of the road had not arisen until after a considerable amount of money had already been spent. In answer to Ms. Andersen's question, Mr. Fritz explained the steps which had taken place in the processing of the application. Acknowledging that the County cannot require proffers on a rezoning, Mr.'Blue asked if, from a practical standpoint, staff makes applicants aware of potential concerns such as these and the fact that "proffers would ease the process along." Mr. Cilimberg responded: "Yes. Applicants are advised where we see problems that can only be addressed through proffers." He confirmed that the traffic concerns had been discussed with the applicant. Mr. Bowling confirmed that it is acceptable for a proffer to be added to an application between the time of the Commission and Board hearings. Mr. Blue noted the following options (in the event the Board decides there is a significant safety issue): (1) The applicant can attempt to buy the property needed and proffer the improvements; or (2) Wait for the VDOT to make the improvements. Mr. Bowling added another option, i.e.' the applicant can pay the cost of the condemnation for the County. Mr. Blue noted that the record shows that the applicant was aware that safety was going to be issue and "their reply was 'There is no way we can make a proffer (to build the turn lanes) if we don't own the land."' 6-3 -93 ATTACHMENT C 4 Mr. Bill Roudabush, representing the applicant, explained that the parcel of land in question has frontage on'an existing state road. The portion of property which would be involved in the construction of turn lanes is off-site, approximately 1/5 mile away. He stated: "I know the history of this indicates that the applicant formerly owned the land that was off-site from this development. The question in my mind is how far down the road can you require a developer to make highway improvements if he.has a tract of land fronting on a state road, with adequate sight distance into the state road. Can you make him do improvements further down the highway? I think that distinguishes this application, with the background and history that this site has. ~I wouldn't want to lose sight of the fact that this is a tract of land fronting on existing roads, in a subdivision, maintained and accepted by the Commonwealth as a state road. I can't think of any development where a developer has been required to go 1/5 mile down the highway and make highway improvements not adjacent to the parcel of land being proposed." Mr. Cilimberg: "You can't require anything. This is a legislative act; it is not a subdivision. The issue of requiring is not an issue. If it were a subdivision, that would be a very pertinent consideration. This is simply an act of saying 'Yes' or 'No' to a rezoning. Unless there is a proffer, that is all you have to act on, is the rezoning request itself. We have had off-site improvements proffered as part of rezoning actions." Mr. Johnson attempted to clarify to what state road Mr. Roudabush referred. He asked: "The state road to which you referred is the one going through the existing tract, is that not correct?" Mr. Roudabush responded: "It goes to the boundary." Mr. Johnson asked Mr. Burton if the fact that the applicant had received the most recent staff information "only a couple of days ago" was ofany concern to the applicant. Mr. Burton indicated his mother was "upset." (Mr. Blue again noted that he had been concerned when he learned Ms. Burton had.not received the information. However, after staff's explanation, he felt the County had followed the proper procedure.) Mr. Johnson stated he was concerned about the applicants' feelingson this matter and he would support a deferral if the applicant so desired. Mr. Burton stated he did not feel the most recent report revealed any information which was not already known by the applicant. It was his feeling that VDOT'scomments were.merely "opinion" and were not based onfactual information. In response to Mr. Nitchmann's question, Mr. Burton estimated a 5-6 yearbuildout period. He also stated that subdivision covenants are currently'beingdeveloped but have not yet been finalized. -,: "' ", ' '~ : ATTACHMENT C 6-3-93 5 In response to Ms. Huckle's question about the "force" of the Airport Overlay District, Mr. Cilimberg explained that those dwellings constructed within the overlay will have to meet certain decibel requirements within the unit. He added that this property is within the Airport Noise Impact Area but is not in the area immediately around the airport where no construction is allowed. Mr. Fritz confirmed that a note is included on the plan, and will be required on the plat, referencing the Airport Noise Impact Area. Mr. Cilimberg added, however: "We don't vouch for anything a potential buyer may or may not know." There being no public comment, the matter was placed before the Commission. Mr. Nitchmann stated he had spoken with several residents of Deerwood (6 or 7) and only one had expressed any concerns about the traffic situation. Some residents expressed preference for residential development on the property as opposed to industrial, others expressed a preference for single-family dwellings above townhouses, and one expressed the desire that the property remain as is with no development. He noted that there is ample sight distance in both directions at the entrance. He also noted that the development will probably not be completely built out until the road has been upgraded. He concluded: "Right now, I am swayed to look at this rezoning in a positive manner for those reasons." He noted he would feel differently if at ,least half of the persons he had spoken with had expressed concerns_about the safety of the road. In response to Ms. Huckle's question, Mr. Nitchmann stated he had visited the site at 5:30 in the afternoon. Mr. Blue noted that he had visited the property during the morning rush hour. He stated that though he was in favor of residential as opposed to industrial development of the property, and though he was sympathetic to the applicant's proposal, he felt the Commission "has to be really sensitive to the public safety" and must rely on expert (VDOT) advice. He noted that the additional information received from VDOT indicates that this proposal will create more safety problems. He expressed concern about turning movements into the subdivision. He agreed that there was adequate sight distance exiting the subdivision. He concluded: "I, personally, cannot vote to approve the rezoning in the face of VDOT saying 'This particular rezoing can result in an unsafe situation.' It is a tough one because I feel very sympathetic with the applicant with this situation." Mr. Grimm agreed with Mr. Blue and felt the Commission must rely on the expertise of the Virginia Department of Transportation. 6-3-93 ATTACHMENT C 6 Mr. Johnson asked if his understanding was correct, i.e. if this request for a rezoning is approved, there would be no opportunity to require modification to the intersection with the site plan. Mr. Cilimberg responded: "I think knowing, going into the rezoning, that it exisbed and approving the rezoning is essentially saying, when the subdivision comes through, even if thereis areal safety problem that you might otherwise identify and turn the subdivision proposal down, you couldn't do it here, reasonably." Mr. Blue added: "And not even legally." Mr. Bowling confirmed: "That's right." Mr. Johnson asked if there was any "potential similarity" between this request and the approval for the outdoor theater where a condition had been "within the next three years, or something, if there was a change and improvement to that intersection, Rt. 250 and Black Cat Road, then the applicant would be obligated for their share of that and that would be based on relative traffic densities. Is there any potential parallel here where this could be approved with that proviso?" Mr. Bowling responded: "No, This is not a special use permit." Mr. Cilimberg added: "And not at your initiative either; anything like that has to come from the applicant." Mr. Johnson asked: "There's no way 'that we can approve a zoning change with a condition?" Mr. Bowling responded: "No, sir." Mr. Johnson concluded: "Unfortunately, and reluctantly, I think I will accept this comment from VDOT. I don't feel qualified to combat it." In the event of denial of the request, Mr. Blue asked that the record show that his vote for denial was based purely on "the traffic safety situation at the interchange and if a proffer were forthcoming from the developer that would address that and agree to build those turn lanes, I would be in favor of it. The other factors that other people have brought up are not significant enough to make me vote against it. It is strictly the traffic and if a proffer were to come forth to improve that intersection, I would be making a motion to approve it." Ms. Huckle agreed that the property was much more suited to residential than industrial, but she, too, felt the safety issue was an overriding factor. Mr. Johnson expressed support for Mr. Blue's comments. added that could support the requests "if there was an access on either 649 or 606 which was considered safe." He Ms. Huckle noted that though 606 is not as heavily travelled as 649, it, too, is a very dangerous road. 6-3-93 ATTACHMENT C 7 MOTION: Mr. Jenkins moved, seconded by Ms. Huckle, that ZMA-93-05 for Robert and Victoria Burton be recommended to the Board of Supervisors for denial.due to concerns about the safety of the intersection at Rt. 649. The motion passed (6:l).with Commissioner Nitchmann casting the dissenting vote. SUB-93-01 Deerwood Preliminary Plat - Mr. Fritz asked that the Commission take action to grant staff administrative approval of the subdivision plat, in the event the'Board should approve the rezoning. MOTION: Mr. Jenkins moved, seconded by Mr. Johnson, that staff be granted administrative approval of the Deerwood Preliminary Plat subject to the approval of ZMA-93-05 by the Board of Supervisors. The motion passed unanimously. 5-4-93 MAY 4, 1993 ATTACHMENT C i / The Albemarle County Planning Commission held a public hearing on Tuesday, May 4, 1993, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. Phil Grimm, Chairman; Mr. Walter Johnson, Vice Chairman; Mr. William Nitchmann; Mr. Tom Jenkins; Mr. Tom Blue; and Ms. Babs Huckle. Other officials present were: Mr. Wayne Cilimberg, Director of Planning and Community Development; Mr. Bill Fritz, Senior Planner; and Mr. Jim Bowling, Deputy County Attorney. Absent: Commissioner Andersen. The Chairman called the meeting to order at 7:00 p.m. and established that a quorum was present. The minutes of April 20, 1993 were approved as submitted. CONSENT AGENDA - Annual Report Mr. Johnson suggested that another reason be added to the paragraph describing the change in the administrative approval process, i.e. (1) To reduce costs to the public through the reduction of processing time. Mr. Blue suggested that the two informal meetings held with the. City Planning Commission be noted under Section 6. MOTION: Mr. Johnson moved, seconded by Mr. Jenkins, that the Annual Report be approved as presented with the two additions suggested by Mr. Blue and Mr.. Johnson, The motion passed unanimously. ZMA~93'05 Robert &Victoria;~Burton - Petition to rezone 18.5 acres from RA, Rural Areas to R-4', Residential. Property, described as Tax Map 32C, Section 3, Parcel 2 is located south of'and adjacent to the existing Deerwood Subdivision in the Rivanna Magisterial District. A preliminary plat is being reviewed concurrently (SUB-93-01 Deerwood Preliminary Plat). This site is located in a designated growth area (Community of Hollymead) and is recommended for Industrial Service. and SUB-93-01 Deerwood Preliminary Plat - Proposal to subdivide a portion of 18.5 acres into 38 single family lots and 36 townhouse lots. Access is through existing roads in Deerwood Subdivision. Property, described as Tax Map 32C, Section 3, Parcel 2, is located south of and adjacent to the existing Deerwood Subdivision in the Rivanna Magisterial District. A request to rezone the property to R-4, ! !"' : ATTACHMENT C 5-4-93 2 Residential is being reviewed concurrently (ZMA-93-05). This site is located ina designated growth area (Community of.Hollymead) and is recommended for Industrial Service.. Mr. Fritz presented the staff report. the request. The report concluded: Staff did not support "While the subject area is physically proximate to existing Deerwood andits development as industrial will necessitate alternative access across drainage areas, staff does not support this request based on the safety of the intersection at Route 649, the location of residences in the Airport Noise Impact Area and the additional lots without alternative access. Staff has based its recommendations on land use considerations and has not considered the historical taxation of the property in arriving at its recommendation. The Planning Commission and Board of Supervisors may want to consider this factor in its deliberations." Those aspects of the proposal which generated the most Commission discussion were: (1) Incorrect information given to the applicant by the County which resulted in the applicant's belief that the zoning for the property was R-4. The applicant prepared a plat based on that belief and also has been been paying taxes on the property as R-4 for many years. (2) The potential for safety problems at the Rt. 649 intersection. (3) The location of part of the property within the Airport's Noise Impact Area. Staff was unable to answer Mr. Blue's question as to why there had been no required dedication of the road at the time it had been constructed. In response to Mr. Blue's question, Mr. Fritz explained the roads had not been "looped" together because (1)number of lots do not call for the roads being connected; and (2) looping them would not have provided for another access to the public road. Noting that industrial development on the property would result in industrial traffic travelling through a residential neighborhood, Mr. Blue felt that the existing residents would prefer additional residences over an industrial use on the property. Mr. Fritz explained that in reviewing an application for an industrial use on the property, staff would be looking for an alternative access that would not pass through the residential development. Mr. Blue concluded that unless another parcel could be added to the property, "residential makes more sense at this time." Mr. Blue wondered if there were any way to allow a 40-foot right-of-way (instead of 50-foot), "in exchange for beefing 5-4-93 ATTACHMENT C 3 up the pavement that already exists there?" Mr. Fritz stated that he would have to discuss that with VDOT'to.see if they would accept a 40-foot right-of-way "and the ~design would most likely require an urban cross section." Mr. Blue noted: "If you're going to go through with cul-de-sacs that are never going to go anywhere, it is obvious to me that you could cut down your right-of-way and maybe give. them a little more land and in exchange for that maybe they would be willing to do some offsite. improvements that they are not required to do." In response to Mr. Nitchmann's question as to why this property, which is essentially land-locked, was desiginated industrial, Mr. Cilimberg explained that in 1982 there had been a "general designation" of industrial of everything that was not actually developed as residential. Mr. Blue notedthatthe applicant has owned the proper~y for 25 years and has always planned to develop it residentially. Mr. Cilimberg responded: "Apparently that was never factored into the Comprehensive Plan decisions." Regarding the proximity to the Airport, Ms. Hucklenoted that, in addition to the noise issue, planes are often required to make special manuvers in order to clear the residential area as quickly as possible and this can effect the safety of the planes as well. There was discussion about the conditions of the existing roads in Deerwood. Mr. Fritz explained that VDOT is uncertain as to the precise depth of pavement, but has stated that the roads are not designed to State standards. Mr. Nitchmann asked: "Could we require, if this was approved, that the portion of the road that'comes to the new subdivision out to Route 649 be brought up to the proper standard?" Mr. Fritz replied: "If the applicant was agreeable to that." Mr. Fritz confirmed that a right and left turn lane would also require a proffer by the applicant. Mr. Blue noted that would be possible only if the applicant owns, or can acquire, sufficient property. Mr. Bowling added: "Unless you determine that. there is a safety hazard to such a degree occasioned solely by this development which'necessitates those turns." It was noted that though VDOT had not made that specific comment, it had stated that it was a "very serious safety hazard." In answer to Mr. Johnson's question regarding the taxation error, Mr. Bowling stated that the applicant "can seek some relief" if they have been taxed excessively. He confirmed that a statute of limitations would apply.. Mr. Cilimberg pointed out that if the issues of access and 5-4-93 ATTACHMENT C 4 the Airport Overlay had been addressed, he felt the unique aspects of this plan would "lessen" the importance of the Comp Plan inconsistency. Mr. Blue noted that at the time of the original approval, the applicant had met all the requirements, and though the applicant had created the access problem by not making the road to State standards at that time, he had done so with the approvalof the County. Ms. Huckle questioned whether they had met all the requirements since they were allowed to build the road to less than State standards because less than 50 lots were proposed. Mr. Blue felt the standards at that time had probably dealt with pavement thickness and not right and left turn lanes. Ms. Huckle felt this was one of the most dangerous roads in the County. Mr. Blue agreed, in terms of the safety of the entrances along the road. The Chairman invited applicant comment. Ms. Victoria Burton addressed the Commission. She explained that development of this portion of the property was delayed for many years, until public utilities became available. She stated that considerable expense had beenincurred in the'development of a plan, based on the belief that the property had R-4 zoning. The plan calls for houses that will be compatible with the existing houses ($90,000 to $150,000). It was determined that the applicant no longer owns the parcel of land which fronts on Rt. 649. She stated there had been no mention of dedication of the road at the time of the original subdivision. In response to Ms. Huckle's question regarding proffering right and left turn lanes, Ms. Burton explained again that she did not own the land which would be involved with the turn lanes. She doubted that purchase was a possibility. Mr. Roudabush explained how he had become involved with the property and how the mistaken'zoning designation had been discovered. Regarding Rt. 649, he noted that improvements tO this road are now in theSix-Year Plan (and it had been anticipated that the road would be improved back in the 1970's and late 60's). He stated that no real route has yet been defined for these improvements. He explained that he had learned, when working on another site'on this road, that the improvements might result in a slight realignment to the north (possibly 100 feet). (Mr. Blue wondered if it were possible that that could have been the reason no dedication 5-4-93 ATTACHMENT C 5 was required at the time the first section was developed.) He felt the timing of those improvements is becomingTmore imminent and he felt it would be a waste of money to require this applicant to make improvements which probably will have to be re-constructed in the not too distant future, even before this development is completed. He also noted that there is a provision for secondary access which connects to adjoining property. Mr. Roudabush also felt the improvements'to Rt. 649 would be considered a major improvement by VDOT (becauseof the airport) and therefore they would acquire whatever right-of-way was necessary to make the improvements. In response to Mr. Blue's question as to whether or not this site was a viable industrial site, Mr. Roudabush stated: "I don't think it would be good planning." The Chairman invited public comment. Mr,. Fritz called attention to a letter of support from Mr. Dorsey Wilbert. The following Deerwood.residents expressed support for single-family development of the property: Mr. Tom Terrell and Mr. Clyde Dodds. There were not in favor of townhouses though they preferred them over possibile industrial development of the property. Both expressed concern about the inadequacy of the entrance on Rt. 649 and the excessive traffic which already exists on the road. They felt the road improvements should be done before any development takes place. There being no further public comment, the matter was placed before the Commission. Regarding plans for Rt. 649, Mr. Cilimberg stated staff is not aware of any existing plans for the improvements. The engineering money, which is currently in the Six-Year Plan, will determine what improvements need to be made. The actual funding for the construction of the road is not anticipated before the year2000.' He did not think, at this time, there was much chance the project would be moved up in the plan. Regarding therezoning, Mr. JOhnson felt that since there was no overwhelming reason to either deny or approve the request, and given the history of the taxation of the property, he felt there ,'was every reason to approve the rezoning." Mr. Blue agreed. There wasa discussion as to at what point the road safety issue could be addressed, i.e. with the rezoning or with the Preliminary Plat. Mr. Cilimberg explained that after the rezoning has been approved, no proffers can be required, nor ATTACHMENT C 5-4-93 6 can road improvements be required as part of the subdivision unless it can be determined that there is an "extreme safety situation." Mr. Bowling advised: "If you want to deal with the safety issue, especially offsite,-you do it on the rezoning." Mr. Blue felt safety was the only real issue. Ms. Huckle stated she was in favor of residential development over industrial. However, she stated she could not support the proposal "unless something is done about the turn lanes." She noted that the applicant received a cost benefit with the original roads because lesser standards were allowed. She stated: "I would like to see them proffer to upgrade those roads if it became necessary." Mr. Grimm agreed that there was a bona fide safety issue, particularly the right and left turn lanes off Rt. 649. Mr. Johnson felt a second access should be required "that's not through Deerwood." He indicated he was not in favor of any further development, residential or industrial, with only one access to 649. In the event the applicant could acquire the land to construct the turn lanes, Mr. Blue wondered if it would be "wasteful" to require the applicant to make these improvements when there is the possibility VDOT will be widening and possibly shifting the alignment in the next couple of years. He wondered if there were some temporary measures which might address the safety concerns until such time as the future plans for 649 are finalized. Ms. Huckle stated she had spoken with the Culpeper Office of VDOT and had learned that it is doubtful that improvements to 649 will be included in this Six-Year Plan. Mr. Johnson stated that his recommendation for a second access envisioned "extending that road somewhere to the west." He wondered if the item should be deferred to allow the applicant time to pursue alternatives.. Mr. Nitchmann noted that the applicant has waited 25 years to develop the property and has donated the land for the sewer line to serve the Airport. It was his suggestion that the item be deferred so that "formal documentation" can be obtained from VDOT addressing the safety issues of the road and comments on the time-table for improvements to the road, including comments on a possible realignment of the road. He felt deferral would allow the applicant time to consider the possibility of acquiring additional property or right-of-way for the right and left turn lanes. 5-4-93 ATTACHMENT C 7 Mr. Blue wondered if there were a way for the County to request that VDOT study the intersection and if it determined the road must be widened and right and left turn lanes required, "then they could go ahead and condemn it." Mr. Cilimberg stated staff could request that VDOT look at that possiblity. Mr. Blue stated he could support a deferral. Mr. Roudabush interjected that right and left turn lanes will require 'additional land on both sides of the Rt. 649. MOTION: Mr. Nitchmann moved that ZMA-93-05 for Robert & Victoria Burton be deferred to June 3, 1993 to allow time for comment from VDOT on: (1) The safety conditions of the intersection; and (2) Improvement plans for Rt. 649. Ms. Huckle seconded the motion. The motion passed unanimously. SUB-93-01 Deerwood Preliminary Plat MOTION: Mr. Nitchmann moved that Deerwood Preliminary Plat be deferred to June3, 1993. Ms. Huckle seconded the motion which passed unanimously. ," Mr. Ron Keeler " bile Hearing Submittals Page 4 May 27, 1999 ATTACHMENT D Any project access along Route 20 will require improvements to Route 20 and sufficient distance from the Mill Creek Road / Route 20 intersection. This entrance must take into consideration the Route 20 roadway widening (from 2 to 4 lanes) north of the Mill Creek Road planned by VDOT. Preliminary Engineering for this widening project is included in the current 6 year TIP. This VDOT project is currently planned to include a transition from four lanes to two lanes occurring south of the Mill Cre6k Road. Site related improvements along Route 20 are dependent on the location and anticipated use of the proposed entrance. Due to it's close proximity, widening ( 4 lanes) along 'Route 20 may be required north to Mill Creek Road with adequate transition to the south. This transition may be impacted by the existing bridge immediately south of Gelaxle Farm Road. Adequate ROW must be provided along Route 20. ZMA-99-05 Mill Creek Industrial, Route 742 The entrance to this proposed site must meet VDOT standards for commercial entrances to State Highways. The proposed entrance may not meet this standard, as it is very close to the nearby entrances to the National Guard and Albemarle - Charlottesville Regional Jail. The close proximity of these three driveways wilh produce an unsafe situation along Avon Street Ext. Therefore, it may be required that the proposed site combine driveways and utilize one combined entrance with the National Guard and the Jail site. The Jail entrance will soon be modified as part of their current construction project. A left turn lane will be required along Avon Road extended; it should be configured as a back to back leec turn lane in conjunction with the existing left turn lane into the Lakeside Apartments at Swan Lake Drive. ZMA-99-06 Mill Creek Industrial, Route 742 Same as above comments for ZMA-99-05. ZMA-99-07 Victoria Burton, Route 649 ;_.- /// VDOT has scheduled a widening project for SR 649 (Airport Road) in the vicinity of this proposed development which will impact the Deerwood Drive / Airport Road intersection. All roadways within proposed site and those to be utilized within existing Deerfield neighborhood must meet VDOT geometric and structural' standards for Local Streets with 25 I- 400 vehicles per day except as follows: · Deerwood Drive, Lupine Lane to Deerwood Road, 401-I000 vpd, · Deerwood Drive, Deerwood Road to VDOT project end, ADT 1001-2000 vpd. Test bores on existing Deerwood neighborhood roadways are required to verify structural standards. STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ MAY 4,1993 MAY 12, 1993 ATTACHMEN47 E ZMA-93-05 ROBERT & VICTORIA BURTON 8UB-93-01 DEERWOOD PRELIMINARY PLAT ZMA-93-05 ROBERT & VICTORIA BURTON - Petition to rezone 18.5 acres from RA,. Rural Areas to R-4, Residential. Property, described as Tax Map 32C, Section 3, Parcel 2, is located south of and adjacent to the existing Deerwood Subdivision in the Rivanna Magisterial District. A preliminary plat is being reviewed concurrently (SUB-93-O1 Deerwood Preliminary Plat). This site is in a designated growth area (Community of Hollymead) and is recommended for Industrial Service. SUB-93-01 DEERWOOD PRELIMINARY PLAT - Proposal to subdivide a portion of 18..5 acres into 38 single family lots and 36 townhouse lots. Access is through existing roads in Deerwood Subdivision. Property, described as Tax Map 32C, Section 3, Parcel 2 is located south of and adjacent to the existing Deerwood Subdivision. A request to rezone the property to R-4, Residential is being reviewed concurrently (ZMA-93-05). Character of the Area: The site under review is a fairly level area of pine woods at the rear of the existing Deerwood Development. Drainage swales are located near the rear boundaries of the site. There are currently 59 lots in Deerwood with 47 houses. Access through Deerwood is to Route 649. ApDlicant,s Proposal: The applicant proposes to rezone the site to R-4 and construct 38 single family units and 36 townhouse units. The single family lots would be similar in size to the existing lots in Deerwood. The applicant has proffered the plan for 38 single family and 36 townhouse lots. The applicant has stated in support of the request: "The Burton property may be shown on the County Comprehensive Plan as industrial zoned property, but since their purchase of the property in the 1960's, the Burtons' intent has been to develop all of the acreage for residential use. This portion of the property has access to state roads exclusively through the existing residential area. The development of this phase of Deerwood.Subdivision has been delayed only because of lack of public sewer in the vicinity." 1 ATTACHMENT E SUMMARY AND RECOMMENDATIONS: Staff has reviewed the rezoning request for compliance with the purpose and intent of the Zoning Ordinance and the Comprehensive Plan and recommends denial. Should the rezoning be approved staff can approve the subdivision plat administratively. Planning and Zoning Histoz-;: February 14, 1966 - Preliminary Plat of Deerwood was approved. This plat showed 112 lots including 53 in the area now under review. October 17, 1968 - Board of Supervisors approved ZMA-14 rezoning a portion of the existing Deerwood development. (The plat for this area was signed on December 8, 1970.) November 19, 1970 -The Board of Supervisors denied ZMA-133 which was arequest to rezone the' area currently under review from A-1 to R-1. December 21, 1972 - The Board of Supervisors approved SP-227 permitting a central septic systems to serve 10 residences in the =existing Deerw0od development. ComDrehensive ~ian: This area is shown as industrial service in the Comprehensive Plan. The recommendations for Hollymead say, in part, "The area west of Route 29 North is intended for industrial and office usesas a large employment area. It is expected that these uses will be of a large scale and have a 'significant airport orientation." (page 183). Existing residential areas on the west side of Route 29 North are recognized (such as Deerwood), but no residential expansion areas are designated except for an area north of Cedar Hill Trailer Park (medium density) and approximately 50 acres of high density residential for mobile home sites amended into. the Plan last year (CPA-90-13 Wendell Wood). The existing Deerwood development is shown as Low Density Residential 1-4 dwelling units per acre. STAFF COMMENT: The applicant originally prepared a subdivision plat for review as a "by-right" plan of development. The applicant had assumed that the area under review was zoned R-4 and in fact the applicant had been receiving a tax bill based on R-4 zoningof the property. Because of this error, the Board of Supervisors on February 3, 1993 adopted a resolution of intent to consider rezoningthis' site for Robert O. and Victoria H. Burton to R-4 from RA. ATTACHMENT E Staff has forwarded the subdivision plat to the Site Review. Committee. No variances, waivers or modifications are needed for the'proposed development assuming approval ofthe rezoning request. Staff can administratively approve,. the subdivision plat if the rezoning is approved by the Boardof Supervisors. The area proposed for development has access to Route 649 only over the existing public road system in Deerwood. These roads are in the state system. The.Department of Transportation has commented on the proposed request (Attachment C). Their comments indicate that upgrading of existing roads within Deerwood and providing right and left turn lanes on Route 649 to serve the development should be required. The existing roads in Deerwood were permitted to be constructed under a category only accommodating the existing Deerwood development. The Virginia Department of Transportation (VDOT) has not indicated that approval of the rezoning will result in an unsafe situation on the existing Deerwood roads, but does recommend upgrading of these roads to "adequately-handle traffic." The Department of Transportation states that the proposed development considered by itself would be sufficient to warrant turn lanes into Deerwood on Route 649. VDOT sites "the potential for serious safety and operational problems on Route 649." However, as this improvement is off-site, VDOT cannot require the improvements. The applicant has not proffe~ed any of the improvements recommended by VDOT. Route 649 is a ~rescriptive easement (30 feet) at the entrance to Deerwood. The easement for Route 649 is insufficient to allow for the construction of the recommended turn lanes. In order to construct these turn lanes additional land, which is not under the control of the applicant, must be acquired. Route 649 is currently in the Six Year Secondary Road Plan. Preliminary Engineering funds are scheduled for the 1996-97 fiscal year. Construction is not anticipated before the end of the decade. Staff is unable to provide comment as to the design of the roadway as plans have not been prepared. Staff opinion regarding the upgrading of existing Deerwood roads is that the proposed development does not result in an unsafe situation on these roads. Additional maintenance costs may be incurred due to the increased level of traffic. However, as the roads are not noted by VDOT as becoming non-tolerable, staff does not feel upgrade of the existing roads is imperative. Staff opinion regarding the provision of left and right turn lanes on Route 649 to serve this development is that they are needed to prevent safety and operational problems. The future improvements to Route 649 may result in an adequate entrance for this development. However, staff cannot support the rezoning request at this time without entrance improvements due to the uncertainty as to the future design of Route 649 and the timing of the resulting Route 649 improvements as they may relate to the speed at which the proposed residential development may occur. ATTACHMENT E As stated previously, this area is recommended for Industrial Service in the Comprehensive Plan. A portion of the site lies within the Charlottesville-Albemarle Airport's Noise Impact Area. That portion of the site within the noise impact area must comply with the provisions of Section 30.2.5 of the Zoning Ordinance. Actions for denial of a past application on this site (ZMA-133) have been based largely on the proximity of the site to the airport. Staff has considered the impact of the airport on residential development to be.a significant factor. Due to the substantial public investment made in the Airport, it would appear to be contrary to the public interest to permit residential development to occur in close proximity to the Airport. Increased residential development in such an area increases the potential for resident complaints because of the noise associated with airport operations. Nationally, such complaints have led to requests for alterations in airport operations. Development for industrial use as recommended in the Comprehensive Plan is more consistent with the airport use and not as likely to create concern for or requests for modifications in airport operations. As previously noted, the area under review currently has access only through the existing Deerwood development. The drainage swales around the perimeter of the site make alternative access difficult. It should also be noted that existing Deerwood does not have the desired second access for more than 50 lots. Such an allowance iscatled forin Section 37.7.2.4 of the Zoning Ordinance. This proposed development would significantly increase the number of dwellings without a second access. Summary Staff has identified the following factors which are favorable to this request: The applicant was incorrectly informed that the zoning was R-4 and prepared a plat based on that information. For a number of years the applicant has received a tax bill based on R-4 zoning of the property. The proposed development represents an extension of the existing Deerwood development as regards similar residential development and extension of access. The drainage swales at the boundaries of the site form a natural boundary and decrease the viability of the site being developed industrially without combination with adjacent properties. 4 ATTACHMENT E Staff has identified the following factors which are unfavorable to this request: 1. Access to the site does not incorporate turn lanes on Route 649 as recommended by the Virginia Department of Transportation to overcome "the potential for serious safety and operational problems on Route 649." Such a finding is inconsistent with the purpose and intent of the Zoning Ordinance as stated in Sections 1.4 and 1.5. R-4, Residential is inconsistent with the Comprehensive Plan land use recommendation and rezoning would result in a loss of Industrial Service Area. Residential development within the Airport's Noise Impact Area increases the potential for conflict between residents and the airport. The airport is a substantial public investment. The proposal more than doubles the number of lots, not provided a second access as called for in Section 32.7.2.4 of the Zoning Ordinance. While the subject aresis physically proximate to existing ~' Deerwood and its development as industrial will necessitate alternative access across drainage areas, staff does not support this request based on the safety of the intersectionat Route 649, the location of residences in the Airport Noise Impact Area and the.-additional lots without alternative access. Staff has based its recommendations on land use considerations and has not considered the historical taxation of the property in arriving at its recommendation. The Planning Commission and Board of -. Supervisors may want to consider this factor in its deliberations. Should the Board of Supervisors choose to approve this request, staff recommends the acceptance of the applicant's proffer. "On behalf of our clients, Earl and Victoria Burton, we are proffering the Deerwood plan submitted and reviewed by the County for 38 single-family and 36 townhouse lots, dated January 11, 1993. Included in that plan is a 20 foot buffer along the perimeter of the Deerwood property, adjacent to Parcels 46,49, and 49E, Tax Map 32." ATTACHMENTS: A - Location Map B - Tax.Map C - VDOT Comments 5 8UCK MTN. ,% C 0 u -- : '~.~ ~ TA C'~ I AT CHMENT A ~ ' CHARLOTTES · VILLF: EARLYS L'MA-93-05 SUB-93-01 . ,'TACHMENT CI RAY D. PETHTEL COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 671 CULPEPERo 22701 19 April 1993 THOMAS F. FARLEY DISTRICT ADMINISTRATOR William D. Fritz County Office Building 401 McIntire Road Charlottesville, VA 22902 Dear Mr. Fritz: RECEIVED APR 2 1 Planning Dept. The proposed rezoning of land to be a part of Deerwood presents some problems that need to be addressed. The existing Route 649 is a heavily traveled Collector road. While the present rez~ning does not front upon Route 649, the access to this developmentTis from that road and is critical to the safety and convenience of the people who would live in phase three of Deerwood. Originally, Deerwood was to have 112 lots, but with the adoption of a county zoning ordinance and the rezoning of the entire tract to agricultural by the county, with a subsequent rezoning to R-1 for sections one and two, this development was limited to 50 lots. Road design and pavement thickness was approved utilizing the lesser standards with the lower traffic generation of the 50 lots. This current proposal would create over 120 lots in Deerwood. Attached is a letter from J. Harvey Bailey to R. G. Wagner, Resident Engineer, dated November 13, 1968. In this letter, Mr. Bailey makes the case for allowing the construction of roads within Deerwood to a less stringent standard because of the reduced size of the development. The letter shows the original pavement standards that would have been required if the development had been allowed by the county to develop fully. Route 649 currently carries over 13,000 vehicles per day past the intersection with Route 1501 (Deerwood Drive). The proposed rezoning and subsequent development would add approximately 40 left turning vehicles onto Route 649. during the PM Peak Hour. These alone would be enough to warrant a left turn lane at the intersection of Deerwood Drive and Airport Road. Add to this figure the traffic heading to existing homes in Deerwood, and you have the potential for serious safety and .operational problems on Route 649. TRANSPORTATION FOR THE 21 ST CENTURY ATTACHMENT E ATTACHMENT Cl[Pag, While this:section of Route 649 is on the county's secondary six- year plan for improvement, preliminary engineering funds are not scheduled until the 1996-97 fiscal year. Historically, projects this far back in the six-year plan tend to be delayed even further. If this rezoning is approved, the developer should be required to upgrade the subdivision roads to adequately handle traffic in addition to improving the intersection of Deerwood Drive and Airport Road. If you have any.additional questions, pleas call me at (703) 829-7555. CC: A. G. Tucker Sincerely, "" ATTACHM ENT 'C age Co~er of Park and East 3effers~ St~e~ Ce~ ~nd S~e~or ~s CHARLOTTESVILLE, V.I.RGINIA ZZIO~ ... - .: TELEPHONE: OFFICE 2~G-7331. RII. ~e3-1ill -. .- : · :. R, 'G, VARN~w R~SlDE~ ENGINeeR : ;' ":',* ' ::-: · ' "- '- . .: ' .;.. :' .A _ ':. -.;' .:1....",. .:.. . ': 'r;.~C OF HIGhAYE R~VISEO S~OIVlSlON $Ti~OIp-OATED ~T~ER 3e 19~; ~E ~VE '~:'$TUOIED ~E ROAO 8YST~ IN CE[~D ~USDIVI$10N ~!TH RESPECT TO REVISED ~AD STANDARD9 AND ~E ~ESE~I~ O~ ~8TIHAT~ OF TH~ 81TUATION. TOG[THER ~ITN · " ~ :FOR 'S~CT!~ ON(';AND hO OF TH~'C[E~O SUgOIViSION i[R~ AP~OVEO aT ~. TO~ OFFIC~;' SECTION ON~ BY AN UNDAT~O L[~R RfCEIV[D AT-:~HIS OFFICE OR{OR S[~SER ~e'lS~ ANO SECTION ~ BY R LETTER DATED ~VE~eER i0~ 1967, ~ADS 'COVERED BY THESE ~A~ ~VE 8E~N G~STRUCTED 8Y THE ~N[R BUT HAVE ~T lIEN TAKEN I~0 THE STAT{ $YIT[N; THESE ROAO$ HAVE A ~ ~1~ RI~T OF ~AY A~ A VIDtPAV~[~ C~S[O-QF 6e SELECT ~TERIAL (~USHED 5TO~[), 5[C, 312~ VlTH A BIT~I~8 SURFACS"~G~[~;'SEC, 318~ ~L~ APPLICATION, 5[~ION O~ GRAOEO TO HAVE A 6e I~LO~ IN FILL AND A'4e SHOULDa A~ 2e DITCH IN ~T TIONS, SS~ION ~0 VAS ~AD[O FOR A 6e 8H~LD[R IN 80TH C~ AND FILL S[CTIO~ ~US A 2e OITCH IN ~T 'SECTIOn, ':THe ~A~' FOR 'S[CTION-2Ae WICH ARE :"~AT VER[ ~CD IN SECTION TtO~ "SE~I~ 2A GIrL N[~'THE"STANOAROS OF CATEGORY ~"'Or ~ REV!9~D STAND~ BT tNCR~ASI~ TH[ BAS~ ~ICXNCSS ~ 6re'TO 8~, ~'.~.:::' .=": .. : '-F ' ~:' : · ' "' - - "-ilTH RESP[CT TO THE.DET~IiTION'~'TRAFFIC USAOE'~[ NAVe THIS TO SAYi AP~OV~D ~LININARY ~ tOR 'O[ER~O SHOv A TOTAL OF 112 LOTS, AC~DI~ TO OUR ESTIHAT~Sw THE 9[V~L ROADS ~LD CARRY TH~ FOLLOWING TAGULAT[D TRAFFICe BASED ON I TRI~ PER DAY PER LOT SCRV[Df ~ 'L" -' ROAO "'-'-:::' ' :~ LOTS 8ERV[D TOTAL TRI~ CAT[G~Y .:':' -". ,'- .:": ' '. ' ' "· . ., . .'.-.. ' · - · "' "f',~ D[[~OOO DRI V[ FR~ R[OSUO RO~D TO LUP I NE 25 l~ I .... LUPINE LANE 8 56 I LUPINE LAN~ W~ST ~ ~A~ERRY ~ 181" LUPIN[ LANE EAST OF 8AYB[R~ 28 -'1~ ROAD Ce~1T, lr.q Z~r',q inx.a.e~o~ TOTAL TR I PS CATEGORY ~EEINOO0 ~QAO FFI~4 LUPINE: LANE TO DEERVOOD CR. OCT~ER 25~ fg6~48 DErRWOOD DRIVE FROM LUPI~ LA~ TO D~OD ROAD ~ ROAD TO ST. ~. ~9 112 336 2 448- 3 1'84 4 HOYEVERe SINCE TNr APPROVAL OF THE PREI,.IMINARY PI,.AN IN 1966e THE COUNTY ADOPTED A ZONING ORDINANCE AND ZONt:O THE DEERflOOD SUBDIVISION mAGRICULTURAI..e,,, THIS ZONING L!HITS:4.T. HE HININUM SIZE OF A BUILDING LOT TO TWO ACRE8, THE OI~NI:RI PETIT. IO~I_.Ep.;.FOR~I[ZON..ING TO R- I (R!:B I OCNT IAL) AND AIrTER REPEAI"[D NCAR ING8 THE BOARD Olr SUPERylSeR~.,-AP. pROV.i.D,..SI:~CTIO~ ONE ANO TI~ AS RESIDENTIAL ZONINGe A TOTAL OIr yllrT't LOTS..--:...ALTNO~N..THILO~NiRI NAT PRESS TO HAVE TH( RD4AINIffit 30 PLUS OR I'IINU~ ACRL1 RE-ZONED TO R-Ira TNE~ IS A CRAVE PROBABILITY THAT THEIR PETITION VILL iiE IN S~Q.I.,CASE:, TI'~..Ri..~.COULD BE ADOED ONLY 15 ADDITIONAL LOTS FOIl A TOTAL OF 65 LOTS AS TABULATrO B ELO~: S ~E(RWOOO ROAD FROM LUPIN~ DEERVOOO C. RIVE FROM LUPINI LANE TO ~ErR~OOD ROAD O. !,8. -:L-. ~-~;,OL ~'-. 126 1 D~ERqf30D DRIVE: FRC~H DE!:RVOOD IN VlLr'd OF THE FORCGOINt3e VE RE~IP'~CTIrULLT RiQIJ(ST .'rI'{AI'~,THE RORD Iwt.ANl.OIr SECTION 2A NO'e/BEFORE YOU FOR REVIE~e BE APPROVED AS ~UBHITTED, THESE PI.~ HiLT THE REQUIREMENT1 OF CATEGORY I AS TO THICKNE:BS OF PAVEHENT ANO CATEGORY 2 A8 TO ldlDTH OF GRADINge PAVING AND RIGHT OF VAT, IN TH; HAPPY EVENT THAT THE OVNER II 8UCC[SSFUL IN HAVING THC R(3~IAINDL~R OF THE SUBDIVISION REZONED SO AS TO Pi~qMIT THE ORI(IINALLY PLANNED 112 LOTSe DEERriCO ROAO HAY BE READILY BROUGHT TO CATEGORT STANOARD BY AN OVERLAY OF THE PAVE)41:NT, AS TO THE SHORT SECTION OF ~EERldOOD DRIVE OVEq VHICH ALL OF THE: SUBDIVISION TRAFFIC MUST PASSe TH~ PRESENTLY APPROVED TOTAL OF FIFTY LOTS DOES ~T RUN ~( TRAFFIC COUNT OVER IT BEYOND CATEGORY 2, ~ REQUEST THIS ~AO TO R~AIN eA8 18e AT LEAST U~IL THE O~NER PETITIONS THE STATE TO TAKE IT INTO THE 9YST~, ULTIIT~L/, ~[ REQUEST THE ETATC TO ACCEPT ~18 S~RT SECTION OF ~AD AS CAT;GORY 3e iAVI~ T~ RIG~ OF UAY R(~IR~ENT OF ~f ~D C~PLYING tl~ CATEGORY 3 AI TO ilD~ A~ ~I~NE$1 OF PA V~(~, V(: ARE ENCLOSING T~O P~tlNTS OF OUR DRAWING NO,., 322 1~e MARKEO IN COl. ORe TO ACCOe4PMIT THIS EXPLANATIORe VERY TRULY YOURBe Oo R · RANDOI, PH : CT ~URTON & 'dOODZELL HARVEY BAILEY RAY D. PETHTEL COMMISSIONER COMMONWEALTH of VIRqlNIA Planning Dept. DEPARTMENT OF TRANSPORTATION P. O. BOX 671 CULPEPER. 22701 12 March 1993 THOMAS F. FARLEY DISTRICT AOMINISTRATqR William D. Fritz County Office Building 401 McIntire Road' Charlottesville, VA 22902 RE: Site Plan Review Deerwood Section 3, Parcel 2 Route 649 Dear Mr. Fritz: I have reviewed the submitted material and offer the following comments: The proposed expansion of Deerwood will add approximately 600 trips per day to the,'total trip generation of the entire subdivision. There are about 46 homes currently in Deerwood. Route 649 is classified as a collector facility. As such, service for through traffic should have precedence to access for adjacent par.cels. The traffic that will be generated by this proposed development will require the construction of both right and left turn lanes on Route 649 (Airport Road) at the entrance to Deerwood. The subdivision streets must meet a minimum 30 mph design speed, as specified in the VDOT Subdivision Manual. All work to be done on the right of way must be under permit, as issued by' the Charlottesville Residency. If you have any questions or concerns, please call me at the District Office, (703) 829-7555. c: A. G. Tucker Sincerely, TRANSPORTATION FOR THE 21 ST CENTURY SITE DATA: July 15, 1999 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4035 Scott & Victoria Supraner The Hawksbill Pottery 340 Key West Drive Charlottesville, VA 22911 SP-99-32 Hawksbill Pottery Tax Map 62B1, Block C, Parcel 12 Dear Mr. & Mrs. Supraher: The Albemarle County Planning Commission, at its meeting on July 13, 1999, by a vote of 3-3, for~varded the above-noted petition to the Board of Supervisors with no recommendation. Conditions of approval associated with this action were as follows: 3. 4. 5. 6. 7. 8. Not more than two employees who are not family members who reside on site. The number of open houses shall be limited to three times a year with the duration of one day each from 8:00 a.m. to 6:00 p.m. These may occur on weekends or holidays. The normal hours of operation shall be from 8:00 a.m. to 5:00 p.m. Monday through Friday; The home occupation shall be limited to the basement area as it currently exist (1,614 sq. Equipment associated with this use is restricted to an indoor, electric kiln. · No permanent signs shall be posted on the property. Temporary signs are allowed to advertise the three open houses on the day of the event. Use shall comply with the following provisions of section 4.14 of the Albemarle County Zoning Ordinance. Retail sales shall only be permitted on the day of the aforementioned open houses. Please be advised that the Albemarle County Board Of Supervisors will review this petition and receive public comment at their meeting on August 11, 1999. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. BOARD OF SUPERVISORS Page 2 July 15, 1999 If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Juandiego Wade Transportation Planner Cc: Ella Carey Jack Kelsey Amelia McCulley Steve Allshouse COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4035 TO: FROM: Date; REF: Albemarle County Board of Supervisors Juandiego R. Wade, Senior Planner ~ August 6, 1999 SP 99-032 Hawksbill Pottery, Home Occupation Class B The Department of Building Codes and Zoning Services has determined that the applicant for SP 99-032 is currently in compliance for the existing Home Occupation Class A. In an effort to address concerns raised by residents concerning waste water since the Planning Commission meeting, staff has revised condition # 7 of the staff report to read: "Use shall comply with the provisions of section 4.14 of the Albemarle County Zoning Ordinance, and shall verify compliance with all applicable waste handling/disposal and water control regulations, including regulations for septic disposal of the Virginia Department of Health, Environmental Protection Agency, and Virginia Department of Environmental Quality." BOARD OF SUPERVISORS PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON " PHONE NUMBER/ADDRESS (Optional) 17 ,18 19 20 21 PLEASE SIGN BELOW IF YOU WiSH TO SPEAK ON 29 L,o~<~ 30 31 32 33 34 35 36 37 38 40 41 42 43 46 47 STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: JUANDIEGO WADE JULY 13, 1999 AUGUST 11, 1999 PLEASE NOTE: THIS REPORT HAS BEEN REVISED SINCE THE PLANNING COMMISSION PUBLIC HEARING TO REFLECT UPDATED AND CORRECTED INFORMATION. THE CHANGES ARE INDICATED IN BOLD AND ITALICIZED. SP 99-032 The Hawksbill Pottery Applicant's Proposal: The applicant is proposing to establish a pottery making business with two employees in the basement of his home in the Key West subdivision. Petition: Request for special use permit to allow a home occupation for a pottery making business with two employees in accordance with Section [10.2.2.31] of the Zoning Ordinance which allows for home occupations (Attachment A). The property described as Tax Map 62 B1, Block C, Parcel 12 in the Key West Subdivision, contains 1.918 acres and is located in the Rivarma Magisterial District at 346 Key West Drive (State Route 1445). The property is zoned RA, Rural Areas (Attachments B & C). The applicant is currently operating as a Home Occupation Class A without employees at this location. The purpose of this special use permit is to add two employees and conduct -open houses. Character of the Area: The character of the area is rural residential in nature. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval with conditions. Planning and Zoning, Historv: There is no zoning history associated with this parcel. Comprehensive Plan: This area is located in the Rural Areas of the Comprehensive Plan. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property. / Staff has visited the site. Staff has received several phone calls and letters from Key West residents opposing this special use permit due to the traffic increase and the precedent a Class B permit would create in the neighborhood (letters of opposition can be found on Attachment E). Letters of support can found on Attachment F. The applicant is proposing to have two employees as apprentices that will travel to the house each weekday. The apprentices will work Monday through Friday between the hours of 9:00 a.m. to 5:00 p.m. learning the art of pottery making. This will create an additional 20 trips per week (4 per weekday, none on weekends). Deliveries to the house will take place in a regular size van three to four times a year. The applicant had also originally requested that an open house be held three times a year, lasting up to three days each to sell items and display the crafts. After hearing of the traffic concerns from Key West residents, the applicant agreed to reduce the number of days each open house would last from up to three to a single day, up to three times a year. It is staffs opinion that each open house would be equivalent in impact to a yard sale and should not be of substantial detriment to adjacent property or the neighborhood. Crafts will be taken off site for sale at craft and art shows by the applicant or sold at the three open houses per year. that the character of the district will not be changed thereby, The character of the district should not be changed in any way. The driveway descends to the basement area of the house and it is unlikely that cars passing by on Key West Drive will be able to see cars associated with the business parked in the ariveway. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5, and 1.6. Staff finds no conflict with these provisions of the ordinance. The applicant will use an electric kiln that will be in the dwelling and therefore will have no effect on the environment. with the uses permitted by right in the district, This use will not restrict permitted uses on any adjacent property. with additional regulations provided in Section 5.0 of this ordinance, Section 5.2.2 of the ordinance provides regulations for home occupations. The regulations do not permit the total floor area of the dwelling devoted to such occupation to exceed 25% of the floor area of the dwelling or a maximum of 1,500 square feet, whichever is less, unless waived, varied or modified by the commission in accord with Section 5.1. The applicant is proposing to use his entire basement, which is an increase equal to 50% of the dwelling. This i~ a nominal increasc. While this is an area equal to the dwelling's 'living areas, except at times of open houses, staff does not consider the additional traffic that will be generated to be greater than would normally be expected in a residential neighborhood. and with the public health. safety and general welfare. Staff has not identified any component 'of this proposal that is inconsistent with the public health, safety and-general welfare. VDOT comments can be found on Attachment D. VDOT recommends that the entrance should meet commercial entrance standards. Staff does not support this recommendation. It is staffs position that based on the type of traffic anticipated, a commercial entrance is not necessary. A commercial entrance is an entrance wide enough for two vehicles to enter/exit at the same time. In terms of noise, the electric kiln is similar to typical home appliances. No fumes or chemicals are associated with its use. SUMMARY: Staff has identified the following factors which are favorable to this request: 2. 3. 4. This request is consistent with the provisions of Section 31.2.4.1 of the Ordinance. There will no unusual noise or smell associated with this use. If approved, the general use will not generate traffic significantly greater than would normally be anticipated in a residential neighborhood. The open house will only take place up to three times a year for one day with impact similar to that of a yard sale. Staff has identified the following factor which is unfavorable to this request: 1. Traffic associated with open houses three times a year would be greater than normally anticipated in a residential neighborhood. However, it would not be dissimilar to traffic typically associated with a yard sale. RECOMMENDED ACTION: Staff recommends approval of this request subject to the following conditions; which includes modification area to allow 50% of the total floor area of the dwelling to be used by the home occupation: 1. Not more than two employees who are not family members who reside on site; 2. The number of open houses shall be limited to three times a year with the duration of one day each from 8:00 a.m. to 6:00 p.m. These may occur on weekends or holidays; 3. The normal hours of operation shall be from 8:00 a.m. to 5:00 p.m. Monday through Friday; 4. The home occupation shall be limited to the basement area as it currently exists; 5. Equipment associated with this use is restricted to an indoor, electric kilns; 6. No permanent signs shall be posted on the property. Temporary signs are allowed to advertise the three open houses; 7. Use shall comply with the following provisions of section 4.14 of the Albemarle County Zoning Ordinance. 4.14.1 NOISE All sources of noise (except those not under direct control of occupant of use, such as vehicles), must not create sound or impact noise levels in excess of the values specified below when measured at the points indicated. In addition, before 7:00 a.m. and after 7:00 p.m., the permissible sound levels at an agricultural or residential district boundary where adjoining industrial districts shall be reduced by five (5) decibels in each octave band and in the overall band for impact noises. 4.14.1.1 METHOD OF MEASUREMENT Noise shall be measured by means of a sound level meter and octave band analyzer, calibrated in decibels (re 0.0002 microbar) and shall be measured at the nearest lot line from which the noise level radiates. 4.14.1.2 MEANING OF TERMS Decibel means a prescribed according to its pitch. interval of sound frequencies which classi~es sound Impact noises shall be measured by means of an impact noise analyzer. Impact noises are those whose peak values fluctuate more than six (6) decibels from the steady values indicated on the sound level meter set at fast response. Octave band means a prescribed interval of sound frequencies which classifies sound according to its pitch. Preferred frequency octave bands means a standardized series of octave bands prescribed by the American Standards Association in S1.6-1960 Preferred Frequencies for Acoustical Measurements. Sound level meter means an electronic instnunent which includes a microphone, an amplifier and an output meter which measures a noise and sound pressure levels in a specified manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands. Maximum Permitted Sound Levels (decibels) Preferred Frequency Octave Bands Location of Measurement Octave band. At residential At otherlotlines .cycles~econd. districtboundaries within district 31.5 64 72 63 64 72 125 60 70 250 54 65 500 48 59 1000 42 55 2000 38 51 4000 34 47 8000 30 44 Over~lfor impactnoise 80 90 4.14.2 VIBRATION The produce of displacement in inches times the frequency in cycles per second of earthborne vibrations from any activity shall not exceed the values specified below when measured at the points indicated. 4.14.2.1 METHOD OF MEASUREMENT Earthborne vibrations shall be measured by means of a three component_recording system, capable of measuring vibration in three mutually perpendicular directions. The displacement shall be the maximum instantaneous vector sum of the amplitude in the three directions. 4.14.2.2 MEANING OF TERMS Vibrations-means the periodic displacement of oscillation of the earth. Area of Measurement Type of vibration Continuous Impulsive ( 100 per minute or less) Less than 8 pulses per 24 hours At residential At other lot lines district boundaries within district .00 .015 .006 .030 .015 .075 4.14.3 GLARE No direct or sky reflected glare, whether from flood lights or from high temperature processes such as combustion, welding or otherwise, so as to be visible beyond the lot line, shall be permitted except for signs, parking lot lighting and other lighting permitted by this ordinance or required by any other applicable regulation, ordinance or law. However, in the case of any operation which would affect adversely the navigation or control of aircraft, the current regulations of the Federal Aviation Administration shall apply. 4.14.4 AIR POLLUTION Rules of th~ State Air Pollution Control Board shall apply within Albemarle County. Such rules and regulations include coverage of: emission of smoke and other emissions from stationary sources; particulate matter; odor; particulate emission from indirect heating furnaces; open burning; incinerators; and gaseous pollutants. 4.14.5 WATER POLLUTION Rules of the State Water Control Board shall apply within Albemarle County. 4.14.6 RADIOACTIVITY There shall be no radioactivity emission which would be dangerous to the health and safety of persons on or beyond the premises where such radioactive material is used. Determination of existence of such danger and the handling of radioactive materials, the discharge of such materials into the atmosphere and streams and other water, and the disposal of radioactive wastes shall be by reference to and in accordance with applicable current regulations of the Department of Energy, and in the case of items which would affect aircraft navigation or the control thereof, by applicable current regulations of the Federal Aviation Administration, and any applicable laws enacted by the General Assembly of the Commonwealth of Virginia or the requirements of the Virginia Air Pollution Act, whichever is greater. 4.14.7 ELECTRICAL INTERFERENCE There shall be no electrical disturbance emanating from any lot which would adversely affect the operation of any equipment on any other lot or premises and in the case of any operation which would affect adversely the navigation or control of aircraft, the current regulations of the Federal Aviation Administration shall apply. ATTACHMENTS: A - Application B - Tax Map C - Location Map D - VDOT comments E - Letters of Opposition F- Letters of Support County of Albemarle soff~.?tc~. v~t~ Sign# 67t [ Mag. Dist. Department of Building Code am ATTACHMENT A Application,for Special Use Permit Project Name (.,,w should we Nfcr m this application?) *Existing Use 7L~flf~'' OC/-'C';~D *Zoning District /~::','4- T, qg H,4-w~'x'.B/t, z- Proposed Use t669flTE D CC *Zoning Ordinance Section number requested (*staff will assist you with these items) N.mber o~ acres to he'covered by Specia, Use Perre,, ,,,. ,,...,,...,, .,.,,....,.__,.,f, C~ I~ Is this an amendment to an existing Special Use Permit? Are you submitting n site t~,'~"~....x~t plan with this application? 0 Ye~if'No ~i('YesO No Contact Person (Whom should we call/write concerning this project?): ____ Address ~ %/<~/V/q. F,.q'T' L)/'q , City Daytime Phone ( (~ e~f/) ,,q-q-('- 0~/9 ~5 Fax # d./'f /tt24~ 7TE"~ V/tZ~mte Vd E-mail · Zip Owner of land (as listed in the County's records): 5(----{gT"F .-p- Address Daytime Phone( °0'tYSy/ .D-q£'-gg,gS' Fax# City ~-- / v'/{,-e-~' State V/q- E-mail Applicant (who is the contact perso.,, repr,~se,.i.g? Who is req.esti.g the speci-'.l .so?): T'ttE/'/,4-WX".CB//--Z. ? OF~',tg,/g Address 2qg [d~x//I/Vg'£F D~, City C---'t/Ict-F' StateV'flr- Zip~2q/Y Daytime Phone ( g" Off) o'~ C. <C/ ~ 3 5' Fax # E-znail Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, please' list those tax map and parcel numbers A/'O Date Paid OFFICE USE ONLY Ve~,',mo.ntS %~0 History: 0 Special Use Permits:  O Variances: ~o .... ~ Letter f uthorization Concurrent review of Site Development Plan? O Yes 401 Mclntire Road -:' Charlottesville, VA 22902 -:' Voice: 296-5832 {El ZMAs ,'rod Proffers: Fax: 972-4126 Section 3 1.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of sup~,wisors hereby reserves unto itself the right to issue all special Use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general welfare. The items which follow will be reviewed by the staff in their analysis of your request. Please complete this form and provide additional information which will assist the County in its review of your request. If you need assistance filling out these item, staff is available. What is the Comprehensive P!an designation for this property? ~/4'~ /A/gZ2,/::Q AT/-~?'TF, ..T l/vOt, q,,D Howwilltheproposedspecialuseaffectadjacentproperty? A/')~J~C~-'/VT P/~ ~ PF/qT"/F..C [,,v l / & T/,.tt ~' ~ T u ~ / o "OPEN p/-o v ,-c F,.f " i't4 ,~ y ," ~O,-F,,'zp T, F -,c O /'~7 E ,4/vD ~v~u~.D aN~' ~Z/.sF Fo~ 77~'F __c+hg/sT Pe'~P/OD,; 79- How will the proposed special use affect the character of the district surrounding the property?/'/q~ AJ,V /')'0 /~' I/,,,q--~IhNCE'X' -f---' ~LPcC5 B/.,2cEN.5'~".5'. T/CE A/ E/~/-IBo, qHoOD {t'l,4MfAf~,- DO fll~T' g~'eM FX~F'PTIO/'I'/arZ- I/V THE//~ HowistheuseinharmonywiththepurposeandintentoftheZoningOrdinance? ~ DOF~ NOT ~IS~VPT ~HF 0~I~/~ How is the use in h~mony wi~ the uses permitted by right in the district? What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? ~elGNRO~Z ~ Pa~vr~ T~F ~NVI~aNME~ ow will this use promote the public heakh, safety, and general welhre of the community? .. Describe your request in detail and include all pertinent information such as the numbers of persons · involved in the use, o eraling hours, and any unique features of the use: t,v~,'~ /tq t~ /v,O,~-V --~::~/i~!tg/°rlf 13 u ft( PF,q /OD.5. k/'~Ut';_-C OAf TH~'FF 7"/t4F5 ATTACI-I1VIENTS REQUIRED - provide two(2) copies of each: F>( IgT/A/~- l,-/Pl 77'Ai'7oN: 'FH~' AIwOVfaT OF SP~c~3 [221 1. Recorded plat or boundary survey of the property requested for the zonin . If there is -- no recorded plat or boundary survey, please provide legal description of e property and ZZte ' .- roperty, it needs to be described or delineated on a copy.x)]~ the plat or surveyed drawing. [2] 2. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a .trust, or in a fictitious name, a document acceptable to the County must be submitted Certifying that the person signing below has the authority tO dO SO. If the appli. can{ is a contract purchaser, a document acceptable to the County must be subrn3tted'containing the owner's written consent to the application. · /i~ the applicant is the agent of the owner, a document acceptable to the CoUnty must be Z'// submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: Drawings or conceptual plans, if any. Additional Information, if any. I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing .this application. I also certify that the information provided is true and accurate to the best of my knowledge. Signature Printed Name Date Daytime phone number of Signatory KEY FOUNDATION / FIREPLACE GARAGE DOOR IIIIII K = KILN T = TABLE PW = POTTER'S WHEEL S = SHELVES E = EXTRUDER' PM = PuG MILL W/D = WASHER/DRYER H = HOT WATER HEATER P = ELECTRIC PANEL J i ONE INCH = 8 FEET 'IIIIIIIIIIIIII'L-P--t .... IIIIIIIIIIIII K K K K i J I s T A.RS BATHROOM A S r ~ .... Cl OSET J IIIIIIIIIII-- i: t:PW S I I Eo & V~ I+~ ]'HE s~'uO/o I~ o,v TFE ~4~dEf~5'LL,'T- d_~b,~=L, 8F' ~P Y /TI ) T N.E ,,9 u / z- D / IV G--. .. THIS IS TO CERTIFY THAT ON 0ECENBER 9. 1998 I SURVEYED THE PROPERTY SHOWN ON THIS.PLAT AN0 THAT THE TITLE LINES ANO WALLS OF THE BUILDINGS ARE SHONN HEREON. DECLARATION IS HAOE TO ORIGINAL PURCHASER OF [HE SURVEY· :T0 A~ITIONAL 1N5TITUTIONS OR SUBSEQUENT OWNERS. !1,il0 T~fLE REPORT FUt:NtISHED. ~RV~¢E UTZLi]IES A~ ~RGR0UNO. ~ ,..~ IT IS NOT TRANSFERABLE I ARTHUR P. EONA~S LOT "" "' 348 KEf ~E~T LOT ~ ~' o. ~ ' LOT r PHYSICAL SURVEY SHOWING LOT ~2 - BLOCK C - SEC 5CALE: ~" - 50' ALBENARLE COUNTY. VIRGINIA. : OECEHBER 9. 1998 CHARLOTTESVILLE, V.rRGZNZA t /- 61 ALBEMARLE COUNTY ~, '\ ATTACHMENT B 'SP-99-32 The Hawksbill Pottery / 7fa 1, · ~,~,,,,,<" f/ ' ',,, \',," ,,,,-- .~' -[ .:~'./..,.,.':'22 ....,, ........::r';2:b ,,,,,,,, ,. ....-,' .:¢.7_.Z ~ ,, b :*"""""';';""""..,.'-; """"' ."' j,,'-..~., ..~. "%0, " ., "" ."". >' ~~ '. . ' ' " ,~- '_. 4:~'.'."",T' ;;":"""""' ---"""" ~' .. O !, ,'.Z :-~-~ sr, a&r ~ tIEr ......... CHARLOTTESVILLE a RIVANNA DISTRICIT$ SECTION 62 ALBEMARLE COUNTY ATTACHMENT C 6 '\\ 2 \ ~ tO SEE 62~2-'O6-6 ® KEY WEST KEY WEST SP-99-32 The Hawksbill Pottery SECTION I - D.B: 353, Pgs. 193,195,|97. SECTION 2 D.B, :571 Pg.474--REVlSED PLAT D.a. 368Pg. 514 / 15 I~IVANMA r'IIRTRI~T ,gFC, TION Mr. Ron Keeler June Public Hearing Submittals ATTACHMENT D Minimum 25' ROW from centerline along Route 743 is required along property frontage; additional ROW at the main entrance intersection may also be required to accommodate entrance improvements. The proposed emergency access must be constructed perpendicular to Route 743. The project will be responsible for, maintaining and chaining the emergency access at all times. It appears that VDOT discontinued maintenance of the old roadway ROW in 1955 at this proposed emergency access location. The applicant is responsible for confirming availability of adequate ROW for emergency access purposes. SP-99-32 The Flawksbiil Pottery, Route 1445 ~. ~dJd. ab.. The entrance should meet commercial entrance standards2 Adequate off street parking should be provided to accommodate open house customer traffic. SP-99-33 N.G.I.C Access Road, Route 29N The structural design of the existing box culvert must be approved by the VDOT Resident Engineer prior to issuance of this Special Use Permit to extend the box culvert. Preservation of adequate fight of way for potential future interchange at this entrance along US 29 is recommended. Applicant should refer to comments below for ZMA-99-02, Value America. It is recommended that intersection design include the future traffic signal of this entrance. It would be beneficial to install certain traffic signal items now, especially conduit under the NGIC approach, to simplify future signal installation. ZMA-99-02 Value America, Route 29N f~/~2 ~ A compreheniive Master Plan and traffic impact study is required before we will make final comments regarding this rezoning request or other proposed developments in the vicinity. These studies must evaluate potential full development in this area as well as across US 29 in the vicinity of Briarwood. We would like to discuss the possible scope for this traffic study to insure that it will satisfy our concerns. We have been requesting a Master Plan and Traffic Impact Study since 1996 for all of the proposed development in this vicinity. Recently we received a very preliminary Master Plan with traffic projections around 48,000 vehicle trips per day. This level of traffic generation suggests the need for grade separated interchange(s) and additional through travel lanes along US 29 to accommodate traffic at an acceptable level of service. This preliminary plan shows two entrances along US 29N as well as access along Route 600. No information has been presented regarding the second US 29N entrance or access to Route 600. The current design of Route 600, including intersections with other roadways, is not adequate for additional traffic levels from this potential development. ATTACHMENT E From: carter@ngic. osis.gov Sent: Wednesday, June 23, 1999 11:49 AM To: jwade@albemarle.org Cc: carter@ngic. osis.gov; stc4d@virginia.edu Subject: Class B variance in Key West Juandiego Wade Transportation Planner County of Albemarle Re: Variance for Class B License for Scott and Vicki Supraner 346 Key West Drive Key West Subdivision Dear Mr. Wade, 6/23/99 This note is express my firm opposition (and that of my wife, also) to the granting of a vadance for a Home Occupation Class B license for the. Supraners business in the Key West Subdivision. My wife and I have lived in Key West since 1982 and have very much enjoyed the character and people of this neighborhood. For a variety of reasons, I do not feel that a Class B license should be allowed. Even if the Supraner's claim that their business activities under a Class B license would have minimal negative impact on the neighborhood, which is arguable in itself, the precedent set by allowing the variance would leave Key West vulnerable to the next business venture that requests a similar variance. Once started, this trend could not be easily reversed. I hope you will take these thoughts into consideration in making your recommendations to the Board of Supervisors about this proposed variance. Please note also that a formal petition in opposition to the variance is currently circulating within the community and will be sent to you once completed. My wife and I have both signed this petition. With best regards. Sincerely, Steven L. Carter 6 Vincennes CT Charlottesville, VA 22911 971-1638 ATTACHMENT E Monica Lobo, M.D. 348 Key West Drive Charlottesville, Virginia 22911 hne 21,1999 Mr. Juandiego Wade Department of Planning 401 McIntire Road Suite 218 Charlottesville, Virginia 22902 Re: The Hawksbill Pottery 346 Key West Drive I understand that Mr. And Mrs. Supraner, who recently moved into our neighborhood, are applying for a Class B Home Occupation license. As their immediate neighbor I strongly oppose the rezoning from a Class A to a Class B. I have made this decision for the following reasons: 1) 2) 3) The rezoning would allow others to do similar activities and we would soon be a neighborhood of "cottage industries." Increase of strangers in our neighborhood Increase in traffic As a long time resident &Key West I am not sympathetic with the Supraner's plan as there are many other areas in Charlottesville and Albemarle County where they could have moved without affecting the zoning. I believe this shows lack of concern on their part as they are moving into a new neighborhood. and it seems that they expect the entire neighborhood to change to suit their needs. This rezoning possibility has caused me a great deal of stress and several sleepless nights. I do hope you will take these concerns into consideration and I hope that the decision will be in favor of our long established neighborhood. Thank you in advance for your attention to this matter. Please don't hesitate to contact me if you so desire. Sincerely, Monica Lobo, M.D. RECEIVED pL.;,.NNING AND COMMUNITY DEVELOPMENT Juandiego Wade Transportation Planner County Office Charlott6sville, Va. ~/'%/'/' June 23, 1999 ATTACHMENT E Dear Sir, Re: The Hawksbill Pottery, 346 Key West Dr. I understand that Scott and Vicki Supraner are applying for a Class B Home Occupation license which would allow them to hire up to .t~Q paid apprentices, allow them to use the entire basement for studio work and allow them to sell their pottery at their house. As their immediate neighbor, I strongly oppose the rezoning from a Class A to a Class B. I have made this decision based on the following reasons. First, this change in rezoning would set a precedent for oth~rs to follow suit and in a few years, the Key West subdivision would become a neighborhood of "c, ottage industries." I don't believe that the majority of Key West residents would appreciate this change in the neighborhood character. Secondly, most of the Key West residents are in the neighborhood because it is quiet, safe and has minimum traffic, especially for children who move around the neighborhood freeIy. This peaceful and happy situation will change. Even though the Supraner's have every intention of not generating much retail activity, the Class B rezoning would permit them to do limited retail business from their home, even during w~ekdays. They plan to put a sign in front of the house presumably for this "limited" retail activity. The county has no practical way of ! monitoring the Iovel of retail activity and hence even if complaints are lodged it becomes very difficulty to restrain such an activity. (a) This will result in more traffic and parking in from of my house. (b) The neighborhood will be exposed to more "strangers", especially at a time when the residents are not at home, thus stressing the neighborhood watch. (c) Children wandering around the neighborhood will be exposed to more strangers. (d) Non-residents will not pay attention to the speed limits and thus more accidents will occur as with my boy when a car hit him in ~'ont of my house. One could argue that the above four situations are operative when residents have yard sales. There is one big difference. These sales occur occasionally and on weekends when residents AGE ~ are at home and will pay particular attention to their children, especially when they realize there is a yard sale next door. Of greater concern are the two apprentices. I am familiar with apprentices who work in art studios. There is a constant mm over, usually after four to six months. As a next door resident, I get apprehensive with strangers of unknown character who have the opportunity to study their surroundings. This issue is all the more relevant when apprentices will be working at the house when the Supranets are traveling around the country selling the pottery. One can live with a strange neighbor, as there is an opportunity for one neighbor to study the other. This is not the same when there is a constant turn over of apprentices next door. Additionally, I worry about the impact of "strangers" on the careflee, unsuspicious children in the community. The Supranets clearly state the following in their letter dated may 21, 1999, "One of the factors which encourage us to buy here in Key West was that the property was zoned 'Rural' and this classification permits us to work at home under a Class A license." Clearly, the Suprahers realized what they were getting into before they moved into Key West and it is a deliberate attempt on their pan to make a change in the zoning to fit their livelihood. As a long time resident of Key West, I can't sympathize with their plan as there are many other areas' in Charlottesville and Albemarle County where they could have moved without affecting the zoning. I will describe a "neighborly .act" that may provide an insight into their concern for their neighbors. The Supraners have four outdoor cats who are constanfiy in my yard, getting into the birds' nests and decreasing the bird population. It took me several years with bird feeders to attract birds into my yard. I brought this to the attention of the Supraners. Nothing is being done and now the cats take liberty of walking into my kitchen when the front door is left open. I sincerely hope that the county board takes all these factors into consideration before making a rezoning decision. Resp~~ Peter I. Lobo','~"~ 348 Key West Dr. pAGE2 ATTACHMENT E 337 Key West Drive Charlottesville, Virginia 229(tl L JUN '.', ~, !?gq CCMMUNi'?F C,E",:'EL'OP~I ENT ATTACHMENT E Juandiego Wade From: HMa2963960@aol.com Sent: Wednesday, June 30, 1999 8:26 AM To: jwade@atbemarle.org Subject: Supraners' Request for a Class B License, Key West Subdivision Mr. Wade: I have been a resident of Key West since 1968 and am writing in opposition to the Supraners' request for an upgrade from a Class A License to a Class B License at their home at 346 Key West Drive. My concerns are the increased traffic caused by the Open Houses to be held each year and the effect on property values in Keywest if a Class B License is granted. Ruth W. Martin 102 Juniper Lane Charlottesville, VA 22911 No. ~n P-oE g Albemarle County, Virginia Date: Ap.p-lication For Rezoning /-.-e/-d.,,9 b n/d o as owners/contract purchasers of the su ject la f this application. do h:ereby-'respectfully make application and petition-the-'Governing. Body to amend the zoning map of Albemarle County, Virginia as hereinafter ,~equestedo 1. The'propert/y sought to be rezoned is located at havi ng/~pa feet of frontage o,~/~ ~ 11~(_-~ F%e /F~Y ~_/e5T with a depth of ~ fee n ~ ' t co ta.ni ,g /~zg, acres/square feet.. which is presently owned by }q, ~aV~ ~s,~;~, as evidenced by deed recorded in Book Page Registry of County of Albemarle. . a / . 2. It is desired and requested that the foregoing property be rezoned: From To Acres Acres Aches 3. It is proposed that the property will be put to the following use: Adjacent Owners: 2, &~Ur~BR~a~ ~/ KeV~r Of Owner or ~a~u~T~ ~, ~4u~,~ Signature Purchaser Address Planning Commission action Approved March 3, 1969 Date Board of Supervisors action Approved March 20, 1969 Date OF Planning Department COUNTY OFFICE BUILDING CHARLOTTESVILLE. VIRGINIA 22901 JOHN L. HUMPHREY county Planner March 4, 1969 Mr. John A. Schwab Alcova Associates, Inc. 317 Keywest Drive Charlottesville, Virginia Dear Mr. Schwab: This is to inform you that on March 3, 1969 the Albemar~e County Planning Commission recommended to the Albemarle CounTy Board-of Supervisors that your ZMP-038 to reTQne land from A-1 to R-1 be approved The Albemarle County Board of Supervisors w'~)l hear your 2MP-038 at their meeting of March 20, 1969 Sincerely, JLH/bct 0o0 OF Planning Department COUNTY OFFICE BUILDING CHARLOTTESVILLE. VIRGINIA 22901 March 21, .1969 JOHN L. HUMPHREY county Planner Mr. John A. Schwab Alcova Associates, Inc. 3l) Key West Drive C.harlottesvi.lle, Virginia Dear Mr. Schwab: This is to inform you that on March 20, 1969 during the regu]ar meeting of the Board of Su, pervisors your application for rezoning land from A-1 to R-1 was approved If this approval is for a Conditional Use Permit, please come in and pick up your Zoning Permit. Sincerely, OLH/bct JOHN L HUMPHREY ~h'TY P~NER OF AL .A IxI /, Planning Departm. ent COUNTY OFFICE BUILDING CHARLOTTESVILLE. VIRGINIA 22901 Hatch' '15 ,' 19'73: Gentlemen: letter is to notify you, as 'an adjo'mip. g property owner, of Alcov& 'Assoc. application forZMP- 267 to 'fezone ' 37.38 scres from A-1 RS-1 Parcel 49C .pt thereof and Parcel D-1 located County Tax Man 62, 'Public hear'.~pg~ will be held on this application .by the Planning Cosmission on April. 2, 1973 at 7:30 p.m. in the County Court House, and by the Board of'Supervisors on April 25, 1973 at 7:30 p.m.'in the County Court House. This application is available for your review in the Albemarle County PIning and Zoning Office, Roan 4Q0, County OEfice Building, Ch_~_~lottesvil~e, Vixlinia. Albemarie County ZOning'Office' By B. F. 3ones '1. Call to order 2. Establish quorum 3. Public Hearings: AGENDA ALBEMARLE COUNTY PLANNING COMMISSION ! APRIL 2, 1973 County Court House A.ZMP-269. Grover W. Forloines and Son, Inc.has petitioned the Board of Supervisors to fezone 121.005 acres from A-1 Agricultural to RS-1 Residential. Property is situated on south side of Route 677 (Ballard Road). Property is described as County Tax Map 58, Parcels 74 and 75A(1)..Samuel Miller District. B. ZMP-271. Page W. Foster has petitioned the Board of supervisors to fezone approxi- mately 1.2 acres from R-1 Residential to R-3 Residential. Property is situated off Route 631 (Rio Road) in Chapel Hill Subdivision, Property is described as County Tax Map 61, Parcel 135-3. Charlottesville Magisterial District. C. ZMP-267. Alcova Associates haspetitioned the Board Of Supervisors to fezone 37.38 acres from A-1 Agricultural to RS-1 Residential. Property is situated off Route 20 North, adjacent to "Key West" Subdivision. Property is described as CountyTax Map 62, Parcel D-1 and Parcel 49C, part thereof. RivannaMagisterial District. D. ZMP-268. I. J. Breeden has petitioned the Board of Supervisors to fezone approximately 320 acres from A-1 Agricultural.to RS-1 Residential. Property is situated on the east side of Route 631 (Old Lynchburg Road) about 1 mile south 6f its intersection with Route 781. Property is described as County Tax Map 90, Parcel 5, part thereof, and Parcel 6, part thereof. ScottsvilleMagistertal District. E. SP-244. Herbert G. Tull, III, has petitioned the Board of Supervisors to locate a consulting mechanicalengineering facility on 16 acres of land zoned B-1 Business. Propert3 is situated on south side of Route 738, about 1/2 mile west of Ivy. Property is described as County Tax Map 58, Parcel 37, Part thereof. Samuel Miller Magisterial District. F. SP-247. Lawrence B. Crenshaw has petitioned the Board of SuperVisors to locate a mobile home sales and service facility on .68 acres of land zoned B-1 Business. Property is situated'on west side of Route 631 (Rio Road). Property is*described as.County.. Tax. Map 61, Parcel 120P. Cha'rlottesvilleMagisterial District. " · G. SP-243. Anna Melton has petitioned ~he Board of Supervisors to locate a permanent mobile home on 2 acres of 'land zoned A-1 Agricultural. Property is situated on east side of Route 795 in Slate Hill. Property is described as County Tax Map 103. Parcel 63-A. ScottsvilleMagisterial District. H. SP-245. Bertie J. Via has petitioned the Board of Supervisors to locate a permanent mobile home on one acre of'land zoned A-1 Agricultural. Property is situated on south side of Route 61 near its intersection with Route630. Property is described as County Tax Map 126, Parcel 28H. Scottsville Magisterial District. Note: ZMP-273 M~ry H. Lupton was withdrawn and SP-248 Nahor Milling Company was ~ostponed until the May meeting. 4. Site Plans 'A. Addition to Industrial Building - Automatic Sprinkler Systems-located east side Route 29 NOTth; north side of North Fork Rivanna. B. Virginia Department of Highways - new residency office - located north side Route 2S0 East; south side 1-64. C. Observatory Dintn~ Facility - UVa. intersection of McCormick and Alderman Roads. (Information only) D. Virginia Tel. & Tel. - addition to North office - located south side Rio Road F. Addition (parts and service) to Pantops Toyota - south side Route 250 East. C. Scottsville Shopp.ing Center - revised site plan H. Bouton Property - This site plan has been withdrawn. 5. Committee Reports 6. Old Business 7. New Business 8. Adjournment OF Planning Department JOHN L, HUMPHREY COUNTY OFFICE BUILDING COUNTY PLANNER CHARLOTTESVILLE, VIRGINIA 22901 : April 5, 1973 Re: Planning Commission Action Dear Mr. Schwab: This is to infom yOu:that on April 2, 1-973 the Albemarle County Planning Con~nission reconmended to the Albem~rl~ County i Board of Supervisors that ZMP - 267 .. be deferred. Mr. McClure a~d Mr. Tinsley are to report to the Commission on April 16, 1973 after they visited the site. at th&ir meeting on The Albemarle County Board of Supervisors will hear this application April 25, 1973 Sincer ~, ey Jm:lp JOHN L. HUMPHREY COUNTY PLANNER OfI Planning Department COUNTY OFFICE BUILDING CHARLOTTESVILLE. VIRGINIA 22901 May 8, 1973 Mr. John A. Schwab Al~ova Realty, Inc. 707 East Jefferson Street. Charlottesville, Va. Re: Board of Supervisors Action JOSEPH M. GOLDSMITH 'ZONIN~ ADMINISTRATOR Dear: Mr. Schwab ~ : This is to inform you that on April ~25, 1973 during the regular meeting of the Albemarle County Board of Supervisors, your application for ~.MP-267 WaS approved for RS-1 zoning aLH: em Sincerely, ~Cou~ty P1 anner ~ SENT BY:2~ OPEN 24 HRS! ; 8- 9-~$; 15:41; KINKO'S CH-VlLLE II--, 804 296 5800;# 2/4 To: earl Co. Board of Supervisors AIb m · From: Scott Supranerrrhe Hawksbill Pottery August 7. 1999 On .Fdday, AUgust 6, I received copies of new matedal which had ~n submitted to the county clerk's office regarding SP #99-32. Among them, is a "report" 0y a community ~ group which contains a great deal of inaccurate speculation concerning both the methods and materials employed in my pottery studio. I am writing to yo j because I feel that some of this information needs immediate clarifir,.atlon. Whereas, some statements contained in this report do not warrant a response In advance of the meeting on August 11, the safety end pollution issJes would be beler presented in letter format to allow for close study and review. The recommendations cited from M. ROesol's 'iF. he Artist'.i. Gom~lete He.,P)lth ~nd.. S=feW ('~lide are Intended to Inform artists about studio related health issues. They are persons guidelines, not legal or environmental ones. For example, the portion devoted to 'Gases" on page 6 of the report does not provide specific levels of emission which are considered unlawful. nor does it suggest that these emissions present a danger to arm that lie outside the confines of the studio. This information is provided_ to enable arrsts to make weft-informed choices regaraling their studio activities. I can tell you, however, that !39~)l. OL.tbl ~fgll.~wln- ~'-hem|P~lll, listed in the 'Gases' section, IEl. Mgd in n-(y tilJii;~: RndfJir,Jtx idak fluorlmr. ken. ChinTide. ~-rvQll:lLtllda_l~dfrd-m. lr~imnnv. me:ff;hjm. eltrt?Olli_lrld rllf'~lil. I do use small amours of copper as a colorant and called my supplier, Scott Campbell of Campbell Ceramic Supply in Richmond, for safety Information regarding this material. He said that he has never mad anywhere that copper In itself is considered toxic. The, only information he has. indicates that copper when used in a lead based glee will encourage lead lead'sing in en otherwise able compound. The section entitled 'Dust" on page ? is misleading. tl mates. "Clay hazardous ingredients require getting their chemical and mineral analyses from the supplier. May contain most y silica, feldel}ar. talc. wollastonite." One might assume in{~orreetly tha~ the list of ing 'edlents indicates 'hazardous" ones. In fact, the two sentences have independent ,neesings. The first means: If you want to know whether there are dangerous components in a particular clay. you must get its chemical profile from the distributor. 'the second sentence merely lists common ingredients in day. n-n,- ^f Which ILl ' ox~. This section also includes the following quote frOm Rossol's 'Guide": Glaze making is one of the most hazardous tasks potters ;edorm because it involves weighing and mixing the powdered ingredients. Methods of contro ling the dust should be employed. The amount of dust generated by weighing and mixing chemicals is minimal. it is equivalent to the due which ocaJrs when measuring flour. sugar, salt, and baking soda, for a ct~ke batter. I do not say this facetiously. The glaze formulas which I have developed wore soleclod with every consideration for health and safety. I have purposely oh)sen not to use chemicals which am known to be poisonous or have high SENT BY:28N OPEN 24 FIRS! ; 8- 9-~)9; 15:41; KiNKO'S CH-VILLE l i- 804 296 5800;# 3/4 levels ot toxL,-ity, My own health is a concern and I am working with the materials I choose on a dally basis. The amount of dust whioh occurs during glaze making does not affect the neighborhood; neither does it affect others who work in the studio. I am the only one who ever mixes powdered materials or handles wet glaze. Dust is also di~useed in the next section entitled 'Ventilation.' The quote which has been used was pulled out of context and has no clear relation to specific studio adivit:es: USE WITH ADEQUATE VENTILATION: Many people think this means a window or door should be kept open while using this produ~ It aotually indiceles that the product contains a toxic subetmmce which becomes airborne durir~ the product's use and the ventilation should be sufficient to keep the airbone substance below levels considered acceptable for industrial use. This appears to have bees taken from a glossary of terms which are commonly used on warning labels. It is a recommendation for artists working with products bearing this caution. W'rthout knowing what 'airhome substance" is being referred to or what levels are "considered acceptable for industrial use," it is impossible to evaluate. The report conclu:les that, "By industry standards, this is not a safe environmere." There is nothing preVously mestioned to sulxt,~rttlate this hollow, rhetorical remark. The m 'riters of this report continually make reference tO "industry standards' without presenting any. They also cite regulations which are not qDi;w'ol~riate to ei.~er (;ornm,{nlty il)terei~..~r_.the merits of this qDplir~atiOlm. Consider the following: it mould be asked of the applicant to supply a complete inventory of sdl the pmclu ,--'ts being used and to maintain on site Material Safety Data Sheets for each xocluct. The Hazard Communications Standard, WhIMIS, and right-to- know aws require that Material Safety Data Sheets be made available to ilL. thoet .Wlmo ~,se or t,ni dd h~ ,mXDn~r!..to DOtqnli~ally hRT~rrbUS Dr:o(!~l~s in the I have under ined and plied in bold very important wording which allows Us to understand t'm intention of the regulations which have been oited. These, as well as the 08HA re 3ulations which are mentioned later on in the report, are performance codes that were Specifically wdtten to address operating conditions in the wnr~cD!~WCe.. ThIN hlVe..J~o .n',liGitk)n tP, Jall~UpJ.tinn~ 4j.tlldi.:git ~,mtllI. The regulations were designed to provide information and protection to workers who might be enoountering unSafe conditions. As I stated previously, no one in my studio handles or il exposed to materials of this nature. Zb.e '.~ll,~wlnf-.rJtIDiJGil, listed on page 3 of the correspondesce sheets; ,,r- never_ ,j,-...-_.:...~ my Itudlo: Lad, .barlunk boron, cadmium, chrome. .ft::orlg~tdwiWm. diver, end vanadium. Cobalt:, copper, and zinc are. used in some of the glazeS. Copp;ei; has been discussed before. The ~ifety Date Sheet on cobalt does not apply to the minime{ mounts esd infrequent use of this maiedal in rry studio. These data meets address mining conditions and other industrial SitLatiOns where workers come into dally contact with large amounts of' ,S,F_,NT BY:29N OPEN 24 ; 8- 9-99; 15:42; KII'~(O'S CH-VILLE 804 296 5800;# 4/4 unsafe materials. In my studio, glaze mixing is done once every three months. The amount of cobalt the is used represents 1% of the total mixture. Typically, I am handling 150 grams of cobalt each time I mix my blue glee. Regular and prolonged exposure is 'tot even an issue. I have asked ScOtt Campbell about the cautionaW mention of Z nc. He indicated that he has never heard of zinc being classified this way and ment{on ad the fact that many ointments intended for use directly on the skin comain zinc. Heavy white SUn block creams used by lifeguards contain zinc. It is important to make a distinction tmetween industrial use, studio activities, and personal choice. There are no laws which require individuals to make good choices 1or themselves. The laws are designed to protect others from unsafe situations. The actlYitilt.tlt!.t.._t~ke.. _o. lmmm JJ1..fly/. tltl~l.q -re of. n~ Mrm Jl)_J~qpn~; .Npt to my .f. ml~. jm,,t ..~. ntt lp~nlle~m. n,mt t,.. ~0v neq?hqigI. In her correspond- enos, Me. Roesol spends a great deal of time dtsoussing the possibility of lead contamination. I ~1o. Po{i.lJtt. Jlld. ,er.,eomryteqlJliiy. Jlr, edu__md.. lad M_m~¢l_ ilJl]ll iq C~v mtudio. A simple inquiry could have eliminated these unneoessmy cormms, Clues Ions have bean raised as to the amount and disposal of waste waN. n Wlth..~tii-E[lli~ the nqrtlnlltt,.of..FnvlronmlDIIL · nlte!:Fti~nl In....FIb-hrrdtnd. Ut.JilL.,v, rtflrmli the nnne of ~._ I ul~... II~JMIIIJ31I-iI~iFU-.~ql;kDar-and ,Inn. ,ire charliillr. t~ an_haW ramble or havm__ma_Ulat_!an._s__:Whleh ,.qg,i._IB. $hlY,.dllligllj. In the. studio, water is used to lubricate clay when throwing on the wheel, washing bisque ware, and Io~ cleaning work surfac;es. Most of the time water is reused for days or weeks at a t me; any sediment eelties and the clear water is used again. Waste water. from clay work is rapfocussed with dry clay soaps in the pug mill. 'W there is ceramic equipment the uses and disposes of large quantities of water, I am not familiar wltlq them. l.llg. ::)or ,imp, m. crr_=lnv-W .,d_ ~Jnl~jU~..wlalir,.llllilf~.no[..mu.L tlumDIrm. waste water into the Rivanna/. Almo~ all Gerarnic maidis come from the earlh and are present all around us, Returning waiar with clay sediment to the ground does not affect soil or water purity adversely. I m fact, day itself has been used for centuries as a detoxifier. Whether it is used to filter impurities or ingested to absorb toxins internally, it has been recognized for its healing properties throughout much of human history. In sunmation, I would like to say that I am Operating in siract adherence to all regulations hat apply whether they be county, state, or federal. My studio has bem~ inspecte,.i ar d conforms to all Albemade County electrical safety codes and home occupation r,.jgulations. I have accounts with the appropriate slate and federal agencies wrich monitor and collect taxes on sales, employee wages, and personal income. The suggestion that I am oporating ot,q of compliance with the law is slanderous. Thenl; you for conskledng thiS response when reading the repOrt yOU received. I hope I have acldresseci some of your questions. If you need more information prior to the meeting, I can be reached at 295-8635. Sinesrely, BOARD OF SUPERVISORS AUGUST 11, 1999 SP 99-032 The Hawksbill Pottery. AOOlicant's ProOosa!: "The applicant is proposing to establish a pottery making business with two employees in the basement of his home in the Key West Subdivision"- Albemarle Planning Staff Report Character of the Area: "The character of the area is rural residential in nature." staff report · Key West Subdivision contains 211 houses, covering 522 acres. Lots range from less than 1/2 acre to one parcel of more than 50 acres. Hawksbill Pottery ( 1.96 acres) is located on the most traveled main road, Key West Drive. The Hawksbill Pottery driveway appears to be less than 10 feet from its nearest neighbor. STAFF COMMENT: "The applicant is proposing to have two employees as apprentices..." staff report According to Mr. Poats from the Dept. of Labor on July 23, 1999, The Hawksbill Pottery is NOT a state registered apprentice program. "Apprentice" has never been defined by Hawksbill Pottery. The applicant defines working conditions as: 9 AM to 5 PM and occasional weekends. The A!bemarle Planning Staff recognizes these people as full time employees. ALL employee/employer regulations and standards should be applied including federal, state and local taxation, minimum wage laws, social security, FICA, employee protection (OSHA) and others. that the character of the district will not be changed thereby. (A1. Co. Code) "The character of the district should not he changed in any way", staff report Of the 211 Key West houses, as of Aug 3, 1999, 132 households have signed petitions opposing this application. The number of signatures is 206. The majority of people in Key West community do not think that the ltawksbH1 Pottery is a benefit to our neighborhood. We oppose "industry creep" and believe the introduction of any Class B permits into Key West will open that door and change our neighborhood character forever. Key West subdivision was accidentally rezoned from R1 to RA in the late 1970's. In 1969 and 1973, parcels of Key West were approved as R1 and RS-1. By no application or action of the neighborhood or developer, Key West was down zoned by error and the error has never been corrected. 2 Mr. Supraher deliberately selected RA zoning as he finds "rural zoning is very permissive" and "that's why I have searched for a long time to find a house that accommodates me in the way that I need." (Planning Commission meeting). He apparently purchased a home in an established neighborhood based solely on zoning type alone, believing he could use one whole floor and 3 garages for his pottery manufacturing business. To buy a home in Key West subdivision and define it as "rural" is wanting the benefits of both RA and R1 living. We are a completely developed residential neighborhood including a swim and tennis club, garden club, homeowners association, newsletter, parties, parades, garden tour. We are located in the urban ring of Charlottesville, 3 miles from the county courthouse. There are NO Class B home occupation special use permits in Key West currently. The Key West Club does have a special use permit for clubs and lodges. And that such will be in harmony with the purpose and intent ofthis ordinance (Al. Co. Code) SIZE OF HAWKSBILL POTTERY: PHYSICAL AND ECOMONICAL On the surface, this application by Hawksbill Pottery looks like a simple addition of a few square feet and a little help around the house. But the intent behind this application is to expand a personal artistic ability into a large enough quantity production (volume) to support one family and 2 employees. Mr. Supraher told the Planning Commission "he has the employees, in part, to expand his income." Hawksbill Pottery manufactures "small table items such as bowls, plates, ere" according to Mr. Supraher at the Planning Commission Meeting. These are simple and elegant in design and readily mass- produced by employees. With an average retail price of $30, a volume of thousands of small pieces would need to be produced annually. "The applicant will use an electric kiln,.." staff report There are 5 kilns, 2 potter's wheels, 5 tables, and 8 shelving units plus one pug mill, and one extruder clearly drawn and submitted on the Hawksbill application. All references to a single kiln are in error. The amount of equipment owned and operated by Hawksbill Pottery clearly indicates a manufacturing capability beyond the intent of this ordinance, which is to promote home occupations. This application represents more occupation than home. With additional regulations provided in Section 5.0 of this ordinance, (A1. Co. Code) "Section 5.2.2 of the ordinance provides regulations for home occupations. The regulations do not permit the total floor area of the dwelling devoted to such occupation to exceed 1,500 square feet unless waived, varied or modified by the commission in accord with Section 5.1 ." staff report The Albemarle County Code for ALL home occupations ACTUALLY reads: 5.2.2.1 Such occupation may be conducted either within the dwelling or an accessory structure, or both, orovided that not more the twenty-five (25) oercent of the floor area ofthe dwelling shall be used in the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand ave hundred (1.500) square feet. The emphasized portions of the Albemarle County Code were NOT included or submitted to the Albemarle Planning Commission on July 13, 1999. Planning staff never inquired as to the size of this home. The home at 346 Key West Drive contains: 2312 sq. ft of finished space and +!52.Q sq. ft of unfinished space 3832 sq. ft. (multiple listings advertisemen0 x .25 These numbers are probably generous as it is unclear if unfinished space and garages are to be counted in determining the base size of residential space. By Albemarle County code, Hawksbill Pottery is entitled to 958 sq. ft for use in this residence. The intent of a proportional (using percentage) code is to retain the residenthi nature of the dwelling, more cottage than industry. "The applicant is proposing to use his entire basement, which is app. 1,614 sq. feet. This is a nominal increase." staff report 958 sq. ft to 1,615 sq. feet is a 69% increase, hardly nominal Applicant is currently out of compliance for Class A or B. And with the public healtk safety and general welfare. "Staff has not identified any component of this proposal that is inconsistent with the public health, safety and general welfare." staff report VDOT recommended: 1 ) The entrance should meet commercial entrance standards. This means wide enough to accommodate two way traffic. 2) Adequate off street parking should be provided to accommodate open house customer traffic. These VDOT recommendations were NOT accepted by planning staff although A!bemarle County Code states: Zoning administrator shall refer to Virginia Department of Highways and Transportation for approval of entrance facilities and the zoning administrator shall determine the adequacy of existing parking for such use. In a phone conversation with Mr. Wade on July 22, 1999, he clarified the need for all open house traffic of Hawksbill Pottery to be OFF STREET but no methods to require, accomplish or monitor this has been implemented. No accommodation for OFF STREET has been offered in writing by the applicant with scaled drawings. The applicant has amended the request for the duration of open houses from 3 days to I day. However, with no reduction in the 300 invitation to each event, the affect of this amendment is to TRIPLE the road traffic and parking problems. Parking: At the July 13, 1999, Planning Commission meeting, when asked about driveway capacity, Mr. Supraher replied he could probably fit 5 or 6 cars at the bottom of the driveway. Using Hawksbill Pottery estimates of 20% of 300 invitees on one day, where are 60 cars going to park? The actual potential created with 300 invitations is 100% or 300 cars. With no history of such an open house by this pottery in this neighborhood, full potential could be realized. From a business standpoint, high attendance is the goal (increased sales). This is not speculation and success must be planned for. Comparing 3 regularly scheduled large open houses (300 invitations each) per year is not comparable to an occasional yard sale or party. These open houses are more comparable to regularly scheduled classes which are prevented even for a Class A permit. Yard sales and occasional large gatherings DO NOT require OFF STREET parking, which VDOT has recommended this applicant supply. 5.2.2.1 The following regulations shall apply to any home occupation: (A1. Co. Code) b. There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation other than one (1) sign. The 346 Key West Drive property can not accommodate even a fraction of the potential traffic as it is currently configured; single lane steep blacktop driveway with nice landscaping along the left, huge white pines on the right and close proximity to neighbors' property line. Having converted all 3 garages to pottery manufacturing, the business owners are using the driveway for their vehicles. Off street Darkinl! can not be accomplished without chanl~inl! the outside appearance of the premises. Road traffic: 346 Key West Drive is located on the worst sharp turn in the neighborhood. There is an approximately 135 degree blind right-hand turn immediately preceding the driveway, which is on the left. This turn is blind because the lot on the inside point of this turn rises in elevation and there are very large cedar trees along the front/road property line. Following an accident of a neighbor being hit by a car at that curve, VDOT cleared all of the trees on the public right-of-way BUT it is stffi a blind curve. Key West Drive at this location is too narrow to receive a center or side lines. Authorities did put up a sharp turn sign and 15 mph sign. Key West Community has NO sidewalks, shoulders, bike or walking paths or street lights. But the nature of our community says "Pedestrians Rule.v" Outside traffic would be unaware of any of these road conditions or community beliefs and behaviors. All Class B permits allow for one permanem sign: "free standing with a maximum area of 24 square feet ( say 4' x 6~) OR a wall sign of 20 square feet (say 5' x July 15, 1999 Albemarle County Zoning Dept. Although this applicant has waived a permanent sign, this may not be the ease with the next Class B applicant. Additional safety issues: Fire/Electrical Safety: Fire hazards should he considered when planning pottery studios. Consult local fire officials and other experts to be sure your studio meets all local fire regulations and electrical codes. ,4rtist's Complete Health and SaFety Guide. Toxic Chemicals: It should be asked of the applicant to supply a complete invemory of all the products being used and to maintain on site Material Safety Data sheets for each product. The HaTard Communications Standard, WHM[S, and fight-to-know laws require that Material Safety Data Sheets be made available to all those who use or could be exposed to potentially hazardous products in the workplace. These are obtained in writing ~om manufacturers, distributors or importers of the products. 4.14.4 AIR POLLUTION "Rules of the State Air Pollution Control Board shall apply within Alhemarle County" staff report "The kilns I use are electric and produce no fumes to pollute the environment" Hawksbill Pottery application for Special Use Permit. GASES From The Artist~ Complete Health and Safety Guide, Second Edition: Monona Rossol Sources of Toxic Kiln Emissions Carbon Monoxide is formed when carbon containing compounds are burned in limited oxygen atmospheres such as in electric kilns. Carbon sources include organic matter found in most clays and many glaze materials, stabilizers in slip clays, and other organic additives in clays and glazes. Formaldehyde is one such emission which has been measured in significant mounts near electric kilns. Sulfur Oxides. Many clay and glaze ingredients contain significant mounts of sulfur-conta'ming compounds. When these are fired they give off sulfur oxides which form st~furous and sulfuric acids when they combine with water. Chlorine and Fluorine. These gases are released when fluorine- and chlorine- containing clay and glaze chemicals such as ~uorspar, iron chloride and cryolite are fired. Metal Fumes. Fumes are formed when some metals and metal-containing compounds are fired. Complex reactions which occur during glaze firing make it difficult to predict precisely at what temperatures metals will volatilize and oxidize to form a fume. Some toxic metals which commonly fume include lead, cadmium, antimony, selenium, copper, chrome, and nickel. The unpredictability of clay and glaze compounds makes ventilation necessary. 7 Electric kilns either shotrid be equipped with canopy hoods, negative pressure ventilation systems, or isolated in a separate room which is provided with a very rapid dilution ventilation. DUST Planning Commissioner Mr. Nitchmann asked about dust-collection process. Mr. Supranet did not answer the specific question and said "generally there isn't a lot of dust". Clay haTardous ingredients require getting their chemical and mineral analyses l~om the supplier. May contain mostly silica, feldspar, talc, wollastonite. Also small additives such as: barium, bentonite, grog, vermiculite or perolite and metal oxides to impart color. Glaze making is one of the most hazardous tasks potters perform because it involves weighing and mixing the powdered ingredients. Methods of controlling the dust should be employed. The Artist~ Complete Health and Safety Guide There are very specific safety methods prescribed for handling dust from pottery manufacturing. VENTILATION "3 doors, 5 windows and 3 overhead garage doors provide more than adequate ventilation" Hawksbill application. USE WITH ADEQUATE VENTILATION: Many people think this means a window or door should be kept open while using the product. It actually indicates that the product contains a toxic robstance which becomes airborne during the product's use and the ventilation shotrid be sufficient to keep the airborne substance below levels considered acceptable for industrial use. The Artist's Complete Health and Safety Guide There is apparently NO specific ventilation of Hawksbill Pottery general work space or the 5 kills. The openings which happen to be in this older home are not specific for this use and their use would be weather and season dependent. By industry standards, this is not a safe environment. Each kill needs specific ventilation for gases and vapors and the entire workspace needs proper ventilation to control for gases, vapors and dust. 4.14.5 WATER POLLUTION Rules of the State Water Control Board shall apply within Albemarle County. staff report Key West has no sewer system, each residence has a septic tank and field. 346 Key West Drive is located directly on the Rivanna River. The septic field is probably only yards from the 100 year flood plain (which is breached routinely). The septic field is inside of the 500 yr flood line which was breached during Hurricane Fran. HEAVY METALS In pottery making, heavy metals are often used to achieve different colors. These range from aluminum to zireonium. Lead is not the only culprit. All residual from the process (clothes, brushes, spills, etc.) and the waste water from Hawksbill Pottery is currently going into a septic field located directly on the Rivanna River. For complete list of metals used in pottery, consult The .4rHst~ Complete Health and Safety Guide, pg. 136-148. A!bemarle Co. Health Dept. says ONLY normal household waste in a septic tank and field. Mr. Donald Haclder has been notified of possible ground water contamination. His opinion is pending. The ~4rtist~ Complete Health and Safety Guide says" dispose of waste and unwanted materials safely. Check federal and local environmental protection regulations." Please read correspondence with industrial hygienist, Monona Rossol, author of The ~4rtist's Complete Health and Safety Guide. New York, New York. "Potters waste should not be endinl~ uP in the seOtic SYstem!" Monona Rossol Attachment I SUMMARY Most Key West residents, many of whom currently have Class A home occupation permits, would have no objections to yet another Class A neighbor, working at home, who is in complete compliance with aH county, state and federal regulations. These would include but not limited to: Class A home occupation (Albemarle County Code) A. 25% of home square footage B. No outside employees/apprentices C. No Open Houses D. No signs E. Onsite retail 5-10 per week Safety issues: Class A and B A. Ground Water (EPA/DEQ/Albemarle Health Dept) B. Air Pollution (EPA/DEQ) C. Fire (Division of Fire and Rescue) Class B only D. Traffic (VDOT) E. Parking (VDOT) To: Albemarle County Board of Supervisors Office, Attn: Ella Carey, Clerk 401 Mclntire Road, Charlottesville, Va. 22902 Dear Sirs: Ref: SP-99-32 The Hawksbill Pottery (Sign # 91 ) ! (we) live at the following address: Please put me (us) on record as/Io,pposin~ the above petition. Thank you. Signed: B 0 ARD OF SUPERVISORS To: Albemarle County Board of Supervisors Office, Attn: Ella Carey, Clerk 401 Mcintire Road, Charlottesville, Va. 22902 ~OARD OF SUPERVISORS Dear Sirs: Ref: SP-99-32 The Hawksbill Pottery (Sign # 91) I (we) live at the following address: Please put me (us) on record as opposing the above petition. Thankyou. Signed: To: Albemarle County Board of Supervisors Office, Attn: Ella Carey, Clerk 401 Mclntire Road, Charlottesville, Va. 22902 Dear Sirs: Ref: SP-99-32 The Hawksbill Pottery (Sign # 91) I (,a~) live at the following address: I// Please put me (ll) on record as opposing the above petition. Thank you. Signed: ~,,~'~ f~ BOARD OF SUPERVISORS We, the undersigned residents of the Key ...... S. ter ~. Sco~ Supr~ of 346 Key West Drive ~ ~s subdi~sion. We feel that such a pe~t Ch~ges ~e c~a~er of a 220 ~t tot~ly residenti~ ~.. Tr~c ~nge~o~ lowered re~ V~ues ~d a precedent Br ~her ch~ges ~e not acceptable to us. We hope that you will Consider our position in t~s proposed ch~ge. NAME Street address PAGE 2 We, the undersigned residents of the Key West / Cedar Hills subdivision wish t e 'ster · ' f ' e ' 1 B ' ' Our objection to the granmg o a spemal use p nmt, a C ass bus~ness hcense to Mr. Scott Supranet of 346 Key West Drive in this subdivision. We feel that such a permit Changes the character of a 220 unit totally residential area.. Traffic congestion, lowered realty Values and a precedent for further changes are not acceptable to us. We hope that you will Consider our position in this proposed change. NAME Street address /t PAGE 3 We, the undersigned residents of the Key West / Cedar Hills subdivision wish to r 'ster Our objection to the granting of a special use permit, a Class B business licens~~z-' Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit Changes the character of a 220 unit totally residential area.. Traffic congestion, lowered realty Values and a precedem for further changes are not acceptable to us. We hope that you will Consider our position in this proposed change. NAME Street address ~,_z/' -- C,,u,c_~~ "c; .' PAGE 4 We, the undersigned residents of the Key ...... ster Mr. Scott Supranet of 346 Key West Drive in this subdivision. We feel that such a permit Changes the character of a 220 unit totally residential area.. Traffic congestion, lowered realty Values and a precedent for further changes are not acceptable to us. We hope that you will Consider our position in this proposed change. Street address PAGE 5 We, the undersigned residents of the Key West / Cedar Hills subdivision wish t~ e 'ster Our objection to the granting of a special use permit, a Class B business licens~ to~zz' Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit Changes the character of a 220 unit totally residential area.. Traffic congestion, lowered realty Values and a precedent for further changes are not acceptable to us. We hope that you will Consider our position in this proposed change. Street address PAGE 6 We, the undersigned residents of the Key West / Cedar Hills subdivision wish to r ister Our objection to the grating of a special use permit, a Class B business license~~ 7-~- Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit Changes the character of a 220 unit totally residential area.. Traffic congestion, lowered realty Values and a precedent for further changes are not acceptable to us. We hope that you will Consider our position in this proposed change. NAME Street address PAGE 7 We, the undersigned residents of the Key West / Cedar Hills subdivision wish tHe !ster Our objection to the granting of a special use permit, a Class ' ' nse t~' B business lice ~' Mr. Scott Supranet of 346 Key West Drive in this subdivision. We feel that such a permit Changes the character of a 220 unit totally residential area.. Traffic congestion, lowered realty Values and a precedent for further changes are not acceptable to us. We hope that you will Consider our position in this proposed change. NAME Street address PAGE 8 We, the undersigned residents of the Key West / Cedar Hills subdivision wish t re 'ster Our objection to the granting of a special use permit, a Class B business license~t~4~'v Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit Changes the character of a 220 unit totally residential area.. Traffic congestion, lowered realty Values and a precedent for further changes are not acceptable to us. We hope that you will Consider our position in this proposed change. NAME · Street address We, the undersigned residents of the Key West / Cedar Hills ..... r Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit Changes the character of a 220 unit totally residemial area.. Traffic congestion, lowered realty Values and a precedem for further changes are not acceptable to us. We hope that you will Consider our position in this proposed change. r __ ___ NAME Street address Io We, the undersigned residents of the Key West / Cedar Hills subdivision wish t re is. Ster Our objection to the grating of a special use permit, a Class B business licens~t~s~' Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit Changes the character of a 220 unit totally residential area.. Traffic congestion, lowered realty Values and a precedent for further changes are not acceptable to us. We hope that you will Consider our position in this proposed change. NAME Street address We the undersigned residents of the Key West / Cedar Hill subdivision wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32) to Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit changes the character of a 220 unit totally residential area. Traffic congestion, lowered realty values and a precedent for further changes is not acceptable to us. We hope that you will consider our position in this proposed change. . NAME Street address We the undersigned residents of the Key West / Cedar Hill subdivision wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32) to Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit changes the character of a 220 unit totally residential area. Traffic congestion, lowered realty values and a precedent for further changes is not acceptable to us. We hope that you will consider our position in this proposed change .... NAME Street address We the undersigned residents of the Key West / Cedar Hill subdivision wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32) to Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit'changes the character of a 220 unit totally ~esidential area. Traffic.congestion, lowered realty values and a precedent for further changes is not acceptable to us. We hope that you will consider our position in this proposed change. Street address /olN/;de We, the undersigned residents of the Key West / Cedar Hill subdivision, wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32), to Mr. Scott Supraner, of 346 Key west Drive, in this subdivision. We feel that such a permit will change the character of a 220-unit, totally residential area. Traffic congestion, lowered realty values and the setting of a precedent for further changes are not acceptable to us. We hope that you will consider our position in this proposed change. NAME STREET ADDRESS We the undersigned residents of the Key West / Cedar Hill subdivision wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32) to Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit changes the character of a 220 unit totally residential area. Traffic congestion, lowered realty values and a precedent for further changes is not acceptable to us. We hope that you will consider our position in this proposed change. NAME Street address We the undersigned residents of the Key West / Cedar Hill subdivision wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32) to Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit changes the character of a 220 unit totally residential area. Traffic congestion, lowered'realty values and a precedent for further changes is not acceptable to us. We hope that you will consider our position in this proposed change. NAME Street address We, the undersigned residents of the Key West / Cedar Hill subdivision, wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32), to Mr. Scott Supraher, of 346 Key west Drive, in this subdivision. We feel that such a permit will change the character of a 220-unit, totally residential area. Traffic congestion, lowered realty values and the setting of a precedent for further changes are not acceptable to us. We hope that you will consider our position in this proposed change. ADDRESS C, f"I f?-Fe L o T T E ,,~ V T-: L L E We the undersigned residents of the Key West / Cedar Hill subdivision wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32) to Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit changes the character of a 220 unit °totally residential area. Traffic congestion, lowered realty values and a precedent for further changes is not acceptable to us. We hope that you will consider our position in this proposed change. NAME Street address We the undersigned residents of the Key West / Cedar Hill subdivision wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32) to Mr, Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit changes the character of a 220 unit totally residential area. Traffic congestion, lowered realty values and a precedent for further changes is not acceptable to us. We hope that you will consider our position in this proposed change. . NAME Street address We, the undersigned residents of the Key West / Cedar Hill subdivision, wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32), to Mr. Scott Supraner, of 346 Key west Drive, in this subdivision. We feel that such a permit will change the character of a 220-unit, totally residential area. Traffic congestion, lowered realty values and the setting of a precedent for further changes are not acceptable to us. We hope that you will consider our position in this proposed change. NAME STREET ADDRESS /-~ 5" ~ 7 '~ - ro ~.3 We, the undersigned residents of the Key West / Cedar Hill subdivision, wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32), to Mr. Scott Supraner, of ;}46 Key west Drive, in this subdivision. We feel that such a permit will change the character of a 220-unit, totally residential area. Traffic congestion, lowered realty values and the setting of a precedent for further changes are not acceptable to us. We hope that you will consider our position in this proposed change. NAME STREET ADDRESS i,/5c_.. ' We the undersigned residents of the Key West / Cedar Hill subdivision wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32) to Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit changes the character of a 220 unit totally residential area. Traffic congestion, lowered realty values' and a precedent for further changes is not acceptable to us. We hope that you will consider our position in this proposed change. NAME Street address' ?31di lol ~c/~ w e r b r, We the undersigned residents of the Key West / Cedar Hill subdivision wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32) to Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit changes the character of a 220' unit totally residential area. Traffic congestion, lowered realty values and a precedent for further changes is not acceptable to us. We hope that you will consider our position in this proposed change. NAME Street address zzq// We the undersigned residents of the Key West / Cedar Hill subdivision wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32) to Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit changes the character of a 220 unit totally residential area. Traffic congestion, lowered realty values and a precedent for further changes is not acceptable to us. We hope that you will consider our position in this proposed change. NAME Street address We the undersigned residents of the Key West / Cedar Hill subdivision wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32) to Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit changes the character-of a 220 unit totally residential area. Traffic congestion, lowered realty values and a precedent for further changes is not acceptable to us. We hope that you will consider our position in this proposed change. .. Street address We the undersigned residents of the Key West / Cedar Hill subdivision wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32) to Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit changes the character of a 220 unit totally residential area. Traffic congestion, lowered realty values and a precedent for further changes is not acceptable to us. We hope that you will consider our position in this proposed change. ~ NAME Street address We the undersigned residents of the Key West/Cedar Hill subdivision wish to have our names removed from petitions supporting the granting of a special use permit, a Class B license (SP-99-32) to Mr. Scott Supraner of 346 Key West Drive in this subdivision.. NAME Street Address ( o 7 U/do w--F Z.~ ,-,e,_ We the undersigned residents of the Key West / Cedar Hill subdivision wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32) to Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit changes the character of a 220 unit totally residential area. Traffic congestion, lowered realty values and.a precedent for further changes is not acceptable to us. We hope that you will consider our position in this proposed change. NAME Street address c. ~Y~ /~/ T ' We the undersigned residents of the Key West / Cedar Hill subdivision wish to register our objection to granting of a special use permit, a Class B business license (SP-99-32) to Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit changes the character of a 220 unit tothlly residential area. Traffic congestion, lowered realty values and a precedent for further changes is not acceptable to us. We hope that you will consider our position in this proposed change. We the undersigned residents of the Key West / Cedar Hill subdivision wish to register our objection to granting of a special use permit, aClass B business license (SP-99-32) to Mr. Scott Supraner of 346 Key West Drive in this subdivision. We feel that such a permit changes the character of a 220 unit totally residential area. Traffic congestion, lowered realty values and a precedent for further changes is not acceptable to us. We hope that you will consider our position in this proposed change Street address /6~ ~~ ~'~' :We, th'e Undeijsigned residents of Key West and Cedar Hills, support the recom,~endation ot{the Albemarle County PInning Departmertl to approve the spec"~! use permit 'ior ~ Class I~{Home Occupation as rl~uested by Scott and Vicki Supraner of 346 K~I West Drive. We understand tt~1~,the permit will be issued subject to the following conditions: 1. Not more than two e~ployeeS who are not family members; 2. Three open houses annually with aduration of one day each from 8am-6pm; 3. The normal hours of operation shaiH3e from 8am-5pm, Monday-Friday; 4. The home occupation shall be limijed to the basement area as it currently exists (1,614 sq. ft.); 5. Equipment'associated with this use is restricted to an indoor, electric kiln; 6, No permanent sign shall be posted on the property. Temporary signs are allowed to advertise the three open houses. It has been explained to us that this permit will not serve as precedent for the issuing of any other Class B permits and that all subsequent permits will be e~afed according to their individual merit. \ Name Address :j E;: - 2;--' ;: ): .':, '; ':: ~::. ';:: C' We, the undersigned residents of Key West and Cedar Hills, support the recommendation of the Albemarle County Planning Department to approve the special use permit for a Class B Home Occupation as requested by Scott and Vicki Supraner of 346 Key West Drive. We understand that the permit will be issued subject to the following conditions: 1. Not more than two employees who are not family members; 2. Three open houses annually with a duration of one day each from 8am-6pm; 3. The normal hours of operation shall be from 8am-5pm, Monday-Friday; 4. The home occupation shall be limited to the basement area as it currently exists (1,614 sq. ft.); 5. Equipment associated with this use is restricted to an indoor, electric kiln; 6. No permanent sign shall be posted on the property. Temporary signs are allowed to advertise the three open houses. It has been explained to us that this permit will not sef've as precedent for the issuing of any other Class B permits and that all subsequent permits will be evaluated according to their individual merit. Name Address  )10 -""'~ ....J t '1 /'7o /! We, the undersigned residents of Key West and Cedar Hills, support the recommendation of the Albemarle County Planning Department to approve the special use permit for a Class B Home Occupation as requested by Scott and Vicki Supraner of 346 Key West Drive. We understand that the permit will be issued subject to the following conditions: 1. Not more than two employees who are not family members; 2. Three open houses annually with a duration of one day each from 8am-6pm; 3. The normal hours of operation shall be from 8am-5pm, Monday-Friday; 4. The home occupation shall be limited to the basement area as it currently exists (1,614 sq. ft.); 5. Equipment associated with this use is restricted to an indoor, electric kiln; 6. No permanent sign shall be posted on the property. Temporary signs are allowed to advertise the three open houses. It has been explained to us that this permit will not serve as precedent for the issuing of any other Class B permits and that all subsequent permits will be evaluated according to their individual merit. Name Address uro cOi/Ic, i l t' 2 Z /I zzf// gzglf We, the undersigned residents of Key West and Cedar Hills, support the recommendation of the Albemarle County Planning Department to approve the special use permit for a Class B Home Occupation as requested by Scott and Vicki Supraner of 346 Key West Drive. We understand that the permit will be issued subject to the following conditions: 1. Not more than two employees who are not family members; 2. Three open houses annually with a duration of one day each from 8am-6pm; 3. The normal hours of operation shall be from 8am-5pm, Monday-Friday; 4. The home occupation shall be limited to the basement area as it currently exists (1,614 sq. ft.); 5. Equipment associated with this use is restricted to an indoor, electric kiln; 6. No permanent sign shall be posted on the property. Temporary signs are allowed to advertise the three open houses. It has been explained to us that this permit will not serve as precedent for the issuing of any other Class B permits and that all subsequent permits will be evaluated according to their individual merit. Name Address We, the undersigned residents of Key West and Cedar Hills, support the recommendation of the Albemarle County Planning Department to approve the special use permit for a Class B Home Occupation as requested by Scott and Vicki Supraner of 346 Key West Drive. We understand that the permit will be issued subject to the following conditions: 1. Not more than two employees who are not family members; 2. Three open houses annually with a duration of one day each from 8am-6pm; 3. The normal hours of operation shall be from 8am-5pm, Monday-Friday; 4. The home occupation shall be limited to the basement area as it currently exists (1,614 sq. ft.); 5. Equipment associated with this use is restricted to an indoor, electric kiln; 6. No permanent sign shall be posted on the property. Temporary signs are allowed to advertise the three open houses. It has been explained to us that this permit will not serve as precedent for the issuing of any other Class B permits and that all subsequent permits will be evaluated according to their individual merit. Na e Address 10f We, the undersigned residents of Key West and Cedar Hills, support the recommendation of the Albemarle County Planning Department to approve the special use permit for a Class B Home Occupation as requested by Scott and Vicki Supraner of 346 Key West Drive. We understand that the permit will be issued subject to the following conditions: 1. Not more than two employees who are not family members; 2. Three open houses annually with a duration of one day each from 8am-6pm; 3. The normal hours of operation shall be from 8am-5pm, Monday-Friday; 4. The home occupation shall be-71imited to the basement area as it currently exists (1,614 sq. ft.); 5. Equipment associated with this use is restricted to an indoor, electric kiln; 6. No permanent sign shall be posted on the property. Temporary signs are allowed to advertise the three open houses. It has been explained to us that this permit will not serve as precedent for the issuing of any other Class B permits and that all subsequent permits will be evaluated according to their individual merit. Name Address 5'70 fz,]::>, ~32 Hawksbill Pottery ATTACHMENT 1 Below is a copy of correspondence between Part Hart Keats and Monona Rossol, author of "The Artist~ Complete Health and Safety Guide, 2nd ed. and Ceramics and Health. Monona Rossol, industrial hygienist ACTS 181 Thompson St., # 23 NYC NY 10012-2586 212/777-0062 July 20, 1999 Tuesday 8:47 PM PK- I am seeking information on potential water pollution (discharge) from a pottery factory that sits on a dver. The factoW has a septic field. I am not familiar with the exact types of glazes that are being used. Through research on the web ,however, I have become aware for the toxicity potential for many materials used in the production of pottery. July 22, 1999 Thursday 9:22 PM PK- This potter lives in our neighborhood and his business has only come to our attention because he has applied for a Class of business permit that would permit 2 full tim employees. This tells us he wants to increase production. Potting is his pdmary occupation. I can not guess at his quantity of production to support 2 employees and his own family. His property is located directly on the Pjvanna River (a contributory directly into the James River and direally into the Chesapeake Bay) He has a septic tank and field that is probably only yards from the 100 yr flood line which is breached ~,i~nt:lly. Dudng Hurricane Fran 3 years ago, the water was to the 500 year line and this whole back yard was under MR- I am currently retained as an expert witness in a variance headng where neic~hbors are trying to make sure .alassblower who wants to move into their area will not harm the environment. It looks like the town board will require that the Glassblower not put any wash water, wet c~dnding water, or any other waste into the septic system. They will have to use evaoorative concentration methods and commercial waste disposal. This is the second case !%,e worked on. The first also resulted in a number of ventilation and waste handling requirements including a prohibition on any waste ending up in the yard or in the septic system. :1 am telline vou this because the same metal compounds and very similar frits are used bv potters. Their waste also should not be endina up in the septic system. ff you can answer the following questions I will be able to probably tell you which metals will be most prominent in their waste. Monona Rossol sent Keats a list of questions to held clarity the activity PK- I have located a person who owns several pieces of this particular pottery. What kinds of kilns to they have: gas, wood, propane, electric, other?.? Answer. electric How high do their fire their ware: earthen ware, stoneware, porcelain, other?. (maybe someone will even be able to tell you what cone the fire to) Answer. Unknown at this tim If you have seen the ware, what are the most prominent and often used colors? Are the colors bdght or more muted in hues. Answer: 3 pies identified: All BRIGHT, green, blue and ydlow/gold Is the ware shiny or matt? Answer. SHINY Is some or all of their ware meant for use with fond? Answer: Being used for food and also aclve_jlised as dishwasher and microwave oven safe. July22, 1999 Thursday 7:13PM MR- There are no decent standards for oven safety of pottery. Very interesting. I have looked over your answers. While not complete, I see the problem this way: 1. There is a very gond possibility they are using commercially manufactured lead glazes whose labels say they are '~ood safe" if applied and fired properly. If this is the case, you will have no trouble getting the water control and environmental people VERY interested. 2. You have a piece of their pottery. I'd pay the $20-30 to find out if they used lead on this piece. You can talk to Roland Hale at Alfred Analytical laboratory, 607/478-8074 about the cost of the test, where to send it, etc. Tell him specifically: A) you want to know if it passes the FDA lead leaching test (if it doesn't you can even get them for selling a hazardous product); B) whether it passes a leach test or not, you want to know if there is lead used in the glazes at all. 3. If lead is found, I would use the lab report as one of the primary levers to explain why there needs to be a re-evaluation of their status. Some of the questions you will want them to ask of the pottery include: a) where do floor sweepings, discarded glazes, and other lead-contaminated waste end up. b) Where does water from washing up the studio and other sources end up. c) What provisions have you made for more than a one-pound spill of any lead compound material or any other accidental releases. d) Are they meeting the OSHA Lead Standard (29 CFR 1910.0125)? (As soon as they have even one employee, they must comply with the OSHA Lead Standard which mandates personal air monitoring of each job involving lead by workers. Depending on the results of these tests there may be regular blood lead and medical surveillance requirements, special worker training, special ventilation systems, showers and changing rooms on the premises, and much more. If the environmental people tell you that this refers to occupational laws which are irrelevant to the case, I will send you a section of testimony accepted in the case I mentioned which shows that they cannot control their environmental emissions if they don't have the occupational ones in place.) 3. If they do not use lead in the pot you have tested, it still doesn't mean they don't use lead at all in the pottery. They may use vadous glazes. So don't rule out lead as a possibility. 4. If they *really* don't use lead, they still use many other hazardous metal compounds of interest to environmental authorities. Other common glaze ingredients are compounds of badum, boron, cadmium, cobalt, chrome, copper, fluodne, nickel, selenium, silver, vanadium and zinc--all of which are metals of concern in waste disposal and water quality. These are just a few, there are many more. These metals are also toxic substances and there are OSHA regulations which apply here as well. One of the most important is that under 29 CFR 1910.1200, they must have matedal safety data sheets on all potentially toxic substances in the workplace--even if there is only one employee. This means that if the case goes forward, it should be simple to require them to provide MSDSs on all the glazes, days, and other chemical products they use. If they can't produce them, you know they are not meeting the occupational regulations. This is just a start. There is much more we can do to find out what is needed in order to be certain that they are protecting themselves, their employees, the environment, and their neighbors. Most of these small pottery businesses are operating outside the occupational and environmental laws. This may be one of the "good guys," but statistics say that it is more likely that he is not. In his application for this activity, NO mention is made of waste water.. The county says that Virginia State Water Control do we need to get EPA and our Virginia Dept of Environmental Quality (DEQ) involved in this???? Don't be too sure they won't address this problem. The language may not make it obvious, but they really may talk about pollution of ground water, streams, etc. You definitely want the DEQ involved. SP99-032 Hawksbill Pottery ATTACHMENT 1 Below is a copy of .~cc~r....~nce between Patt Had Keats and Monona Rossol, author of "The Artist's Complete Health and Safety Guide, 2 ed. and Ceramics and Health. Monona Rossol, industrial hygienist ACTS 181 Thompson St., # 23 NYC NY. 10012-2586 212/777-0062 July 20, 1999 Tuesday 8:47 PM PK- I am seeking information on potential water pollution (discharge) from a pottery factory that sits on a riven The factoW has a septic field. I am not familiar with the exact types of glazes that are being used. Through reseamh on the web ,however, ! have become aware for the toxicity potential for many materials used in the production of pottery. July22, 1999 Thursday 9:22 PM PK- This potter lives in our neighborhood and his business has only come to our attention because he has applied for a Class of business permit that would permit 2 full time employees. This tells us he wants to increase production. Potting is his pdmary occupation. I can not guess at his quantity of production to support 2 employees and his own family. His property is located directly on the Rivanna River (a contributory directly into the James River and direally into the Chesapeake Bay) He has a septic tank and field that is probably only yards from the 100 yr flood line which is breaGhed annually. During Hurricane Fran 3 years ago, the water was to the 500 year line and this whole back yard was under water. MR- i am currently retained as an exDed witness in a vadance headng where neighbors am trying to make sure glassblower who wants to move into their area will not harm the environment. It looks like the town board will require that the glassblower not put any wash water, wet c~rinding water, or any other waste into the septic system. They wilt have to use evap0rative concentration methods and commemial waste disposal. This is the second case I%/e worked on. The ~st also resulted in a number of ventilation and waste handling requirements including a prohibition on any waste ending up in the yard or in the septic system. I am tellina vou this because the same metal compounds and verv similar frits are used bv potters. Their waste also should not be endina up in the semjc system. If you can answer the following questions I will be able to probably tell you which metals will be most prominent in their waste. Monona Rossol sent Keats a list of questions. to help clarify the activity PK- I have located a person who owns several pieces of this particular pottery. I VVhet kinds of kilns to they have: gas, wood, propane, electric, other?? Answer: electric How high do their fire their ware: earthen ware, stoneware, porcelain, other? (maybe someone will even be able to tell you whet cone the fire to) Answer:. Unknown at this time If you have seen the ware, what are the most prominent and often used colors? Are the colors bright or more muted in hues, Answen 3 pieces identified: All BRIGHT, green, blue and yellow/gold is the ware shiny or matt? Answer:. SHINY Is some or all of their ware meant for use with food? Answer: Being used for food and also advertised as dishwasher and microwave oven safe. July22, 1999 Thursday 7:13PM MR- There are no decent standards for oven safety of pottery. Very interesting. I have looked over your answers. While not complete, I see the problem this way: 1. There is a very good possibility they are using commercially manufactured lead glazes whose labels say they are "rood safe" if applied and fired prepedy. If this is the case, you will have no trouble getting the water control and environmental people VERY interested. 2. You have a piece of their pottery. I'd pay the $20-30 to find out if they used lead on this piece. You can talk to Roland Hale at Alfred Analytical laboratory, 607/478-8074 about the cost of the test, where to send it, etc. Tell him specifically: A) you want to know if it passes the FDA lead leaching test ('d= it doesn't you can even get them for selling a hazardous product); B) whether it passes a leach test or not, you want to know if there is lead used in the glazes at all. 3. If lead is found, I would use the lab report as one of the pdmary levers to explain why there needs to be a re-evaluation of their status. Some of the questions you will want them to ask of the pottery include: a) where do floor sweepings, discarded glazes, and other lead-contaminated waste end up. b) Where does water from washing up the studio and other sources end up. c) What provisions have you made for more than a one-pound spill of any lead compound matedal or any other accidental releases. d) Are they meeting the OSHA Lead Standard (29 CFR 1910.0125)? (As soon as they have even one employee, they must comply with the OSHA Lead Standard which mandates personal air monitoring of each job involving lead by workers. Depending on the results of these tests there may be regular blood lead and medical surveillance requirements, special worker training, special ventilation systems, showers and changing rooms on the premises, and much more. If the environmental people tell you that this refers tooccupational laws which are irrelevant to the case, I will send you a section of testimony accepted in the case I mentioned which shows that they cannot control their environmental emissions if they don~ have the occupational ones in place.) 3. If they do not use lead in the pot you have tested, it still doesn't mean they don't use lead at all in the pottery. They may use various glazes. So don't rule out lead as a possibility. 4. If they *really* don't use lead, they still use many other hazardous metal compounds of interest to environmental authorities. Other common glaze ingredients are compounds of barium, boron, cadmium, cobalt, chrome, copper, fluorine, nickel, selenium, silver, vanadium and zinc--all of which are metals of concern in waste disposal and water quality. These are just a few, there are many more. These metals are also toxic substances and there are OSHA regulations which apply here as well. One of the most important is that under 29 CFR 1910.1200, they must have material safety data sheets on all potentially toxic substances in the workplace--even if there is only one employee. This means that if the case goes forward, it should be simple to require them to provide MSDSs on all the glazes, days, and other chemical products they use. If they can't produce them, you know they are not meeting the occupational regulations. This is just a start. There is much more we can do to find out what is needed in order to be certain that they are protecting themselves, their employees, the environment, and their neighbors. 'Most of these small pottery businesses are operating outside the occupational and environmental laws. This maybe one of the "good guys," but statistics say that it is more likely that he is not, In his application for this acljvity, NO mention is made of waste water.. The county says that Virginia State Water Control rules would apply. We are getting a copy of those dght now but have no hope that they will address our specific concerns. Do we need to get EPA and our Virginia Dept of Environmental Quality (DEQ) involved in this'r??? Don't be too sure they won't address this problem. The language may not make it obvious, but they really may talk about pollution of ground water, streams, etc. You definitely want the DEQ involved. BOARD OF SUPERVISORS OOARD OR SUPERViRO.9 ~ July 29, 1999 Board of Supervisors Office Att: Ella Carey, Clerk 401 Mclntire Road Charlottesville, VA 22902 RE: SP-99-32 The Hawksbill Pottery Sign #91 As a resident of Key West Drive I am opposed to having a Class B Permit granted to the Hawksbill Pottery. I feel Key West is a residential neighborhood and should remain as such. Myself and many of the residems of Key West request the Board of Supervisors deny this permit when it comes before you for a decision of August 11, 1999. BOARD OF SUr,Emzr~,n~ ~ Heather Bossi 401 Key West Drive Charlottesville, VA 22911 July 29, 1999 Board of Supervisors Office Att: Ella Carey, Clerk 401 Mclntire Road Charlottesville, VA 22902 RE: SP-99-32 The Hawksbill Pottery Sign #91 As a resident of Key West Drive I am opposed to having a Class B Permit granted to the Hawksbill Pottery. I feel Key West is a residential neighborhood and should remain as such. I request the Board of Supervisors deny this permit when it comes before you for a decision of August 11, 1999. Regards, Heather Boss~ BD ~,R,D OF SUPERVISORS July 29, 1999 Board of Supervisors Office Att: Ella Carey, Clerk 401 Mclntire Road Charlottesville, VA 22902 RE: SP-99-32 The Hawksbill Pottery Sign #91 As a resident of Key West Drive I am opposed to having a Class B Permit granted to the Hawksbill Pottery. I feel Key West is a residential neighborhood and should remain as such. I request the Board of Supervisors deny this permit when it comes before you for a decision of August 11, 1999. Robert F. Bossi BOARD OF SUpgpvr,','-,pg Ken Boyd 555 Explorers Road Charlottesville, VA 22911 (804) 971-8338 July 27, 1999 Board of Supervisors Office ATTN: Ella Carey, Clerk 401 Mclntire Road Charlottesville, VA 22902 RE: SP-99-32 The Hawksbill Pottery. {Sign #91} Dear Ms. Carey: Please distribute this correspondence to each Board of Supervisors member registering my strong o~mosition to the above request for a Class B Home Occupation license. I have been a resident of the Key West neighborhood for 18 years and do not wish to see it sacrifice residential neighborhood condition for the sake of one person' s desire to open an expanded business. As a past president of the Homeowners Association and after surveying the neighborhood I believe that this is the feeling of the vast majority of residents in our community. Please feel free to contact me with any questions. Sincerely, Kenneth C: Boyd: BOARD OF SUPERVISORS. 22 July' 1999 Board of Supervisors Office ATTN: Ella Carey, Clerk 401 Mclntire Road Charlottesville, VA 22902 Re: SP-99-32, The Hawksbill Pottery (Sign #91) To The Board Of Supervisors: I am opposed to the proposed special use permit for a Class B license applied for by Mr. Scott Supranet, of 346 Key West Drive, in Key West subdivision. Key West is a wholly residential, 220-unit subdivision. No resident has a Class B license. The granting of such a license would inevitably, and negatively, change the character of the community. It would set a precedent for future negative changes, including the lowering of property values and the quality of life. A commercial enterprise with paid employees and ongoing retail sales, as contemplated by the referenced application, belongs in a commercial or induslrial setting, of which there are many in the Charlottesville area, for rent or purchase. Simply stated, Key West is not the proper place to set up and operate a pottery factory. Sincerely, Chaficcaexville, VA 229 11 12 July 1999 VIA, FAc~rMU.F,; a04-972-,t012 Albemm'le Co, Plmming Commission ATTN: Mr. Juan DieSo Wade Cranny Office BuildinS' Chmlot~oville, VA Re: Applicmion of Scott snd Vicki Suprsner for it ~ B license HearinS date: I3 July 199') I wish to be on r~cord as being totally opposed to the rd'~a cuced application. My opposition is nat a matter of ~rsonsl bias sSainst It~ Sttpranem; I have n~vcr met ~ith~r of ~ and do not know what they look like. And'I am not concerned with what they say they will do, or not do, if thc-y obtain t!~ r~qu~i license. No, what concerns me is what the Supranets will b= lawfully lgrmlt,~ to do, once they olintin the cov~,d license. What' s mor~, if their application is granted, it will set a precedc~ which will ensur~ that vir~_,__.!ly anybody living in Key West will be able to obudn thc same license, in due course. The cbmraczer of dtis chszm~ nei~borhood will su~er/rrevcrsiblc harm if such comes to pass. Wc'll all find oursel~s residin~ in s tacky Commercial zone, inq~sl of the sylvan ten'ear we now so thorouSMy enjoy. Please, convey my heartfelt opposition to this applicaxion m our C~!ssioncrs. BOARD OF SUPERVISORS 22 July 1999 Board of Supervisors Office ATTN: Ella Carey, Clerk 401 McIntire Road Charlottesville, VA 22902 Re: SP-99-32. The Hawksbill Pottery, (Sign #91) To The Board Of Supervisors: I am opposed to the proposed spedal use permit for a Class B license applied for by Mr. Scott Supranet, of 346 Key West Drive, in Key West subdivision. Key West is a wholly residential, 220-unit subdivision. No resident has a Class B license. The granting of such a license would inevitably, and negatively, change the character of the community. It would set a precedent for future negative changes, including the lowering of property values and the quality of life. A commercial enterprise with paid employees and ongoing retail sales, as contemplated by the referenced application, belongs in a commercial or industrial setting of which there are many in the Charlottesville area, for rent or purchase. Simply stated, Key West is not the proper place to set up and operate a pottery factory. Sincerely, 2z !/ ,/ BOARD OF SUPERVISORS ,BOARD OF SUPERVISORS BOARD OF SUPERVISORS :.),; . BOARD OF SUPERVISORS ~'MWALTERCAR~ - 112 'WNCBINES ROAD CHARLOTTE.SVu f ~, VA22~II T~c~ARD OF SUPERVISORS mwn.'fa~cnuamm Charles Martin Board of Supervisors Office ATTN: Ella Carey, Clerk 401 McIntire Road Charlotteslie, VA 22902 6 Vincennes CT Charlottesville, VA 22911 July 27, 1999 Re: SP-99-32 The Hawksbill Pottery (Sign %91) Variance for Class B License Scott and Vicki Supraher 346 Key West Drive Key West Subdivision Dear Mr. Martin, This letter is to express my firm opposition (and that of my wife, also) to the granting of a variance for a Home Occupation Class B license for the referenced Supraner's business in the Key West Subdivision. My wife and I have lived in Key West since 1982 and have very much enjoyed the character and people of this neighborhood. For a variety of reasons, I do not feel that a Class B license should be allowed. Even if the Supraner's claim that their business activities under a Class B license would have minimal negative impact on the neighborhood, which is arguable in itself, the precedent set by allowing the variance (the first EVER in Key West) would leave our community vulnerable to the next business venture that requests a similar variance. Once started, this trend could NEVER be reversed, and the quality of life and residential character of Key' West would be lost forever. I hope you will take these thoughts into consideration in making your decision on the Board of Supervisors about this proposed variance. Please note also that a formal petition in opposition to the variance was circulated within the community and was presented to the Planning Commission for their July 13 meeting. My wife and I both signed this petition. With best regards. Sincerely yours, Steven L. Carter 94 Vincennes Road Charlottesville, VA 22911 July 26, 1999 Albemarle County Board of Supervisors Office Att: Ella Carey, Clerk 401 Mclntire Road Charlottesville, VA 22092 Re: SP-99-32 The Hawksbill Pottery Dear Sirs, This is to advise you that both my wife and I oppose the granting of a Class B permit (SP- 99-32 The Hawksbill Pottery) to Scott and Nicki Supraner. While the Supraners may think that they are not asking for all that could be granted under a Class B permit, I feel that to grant one such permit would make it easier for others to receive expanded permits. I am against setting such a precedent in the Key West subdivision. The Supraners apparently sent a letter to each residence in the Key West subdivision in which they referred to "individual freedoms". I feel that in our society there has been so much emphasis on individual freedoms, that often the freedom of the masses has been ignored. One of the reasons for our choosing to live in this neighborhood, twelve years ago, was because we liked such limitations. I welcome the Supranets as neighbors, and possibly friends, as long as they accept our neighborhood, as it was when they moved in. Best regards cc: Scott & Niki Supraner ?, 0 OF SUPERVISORS Board Of Supervisors Office Attn: Ella Carey, Clerk 401 McIntire Road Charlottesville, VA 22902 July 24, 1999 Dear Ms. Carey: This letter is written in reference to the Class B permit being requested by the Supraner family, at 346 Key West Drive, more specifically SP-99-32 The Hawksbill Pottery (Sign #91 ). We strongly OPPOSE this application for a Class B license. Please feel free to contact us directly should you require any further information. Thank you for your time and attention to this matter. Charlottesville, VA 22911 (804) 295-3629 AUG. 3.19~9 2: 04PM FROM: TR I MAT I ON I NC PHONE NO.: 804 9?8 0045 3 August 1999 Albemade County Board of Supervisors Re: Key West/Cedar Hill Subdivision Dear Members of the Board, As a resident of Key West/Cedar Hill subdivision, I wish to register my objection to the Hawks Bill Pottery petition SP-99-32. I do not feel that a Class B business operation belongs in our residential neighborhood and I support the concerns of the letter you have received from our neighborhood committee. Please consider our position and our deep commitment to preserving this special neighborhood as a residential gommunity. Sincerely, Pattitie Bottom Delany. 102 Blueberry Road Charlottesville 22911 August 10,1999 TO: MEMBERS OF ALBEMARLE COUNTY BOARD OF SUPERVISORS FROM: BILL DOWNER After listening to discussions concerning application for business permit in Key West Subdivision, I have come to the conclusion that it is not in the best interest of this community as a whole and the majority of the people living here do not favor this request. I encourage you to deny this application. BOARD OF SUPERVISORS July 21, 1999 Board of Supervisors Office ATTN: Ella Carey, Clerk 401Mclntire Road Charlottesville, VA 22902 Dear Ms. Carey: Please add our names to the list of those that oppose granting a Class B Home Occupation license to the Supranet family at 346 Key West Drive in Charlottesville, VA. We have lived in the Key West neighborhood since 1976 and place great value on the present quality of life in the neighborhood. A public hearing will take place on August 11, 1999 concern- ing: SP-99-32 The Hawksbill Pottery (Sign #91). We respectively oppose the granting of any such license for this type of commer- cial operation in our neighborhood. Sincerely, Brian W. Edson C 1 arece H. Edson ~ c~. ~,.,D OF SUPERVISORS Nancy Gregori 121 Boilingbrook Drive Charlottesville, Virginia July 24, 1999 Board of Supervisors Office Attn: Ella Carey, Clerk 401 McIntire Road Charlottesville, Virginia 2290~_ Dear Sirs: I currently am a resident of Key West Subdivision, and a recent widow. As such I am adamantly opposed to the Class B permit request, #SP-99-32, for the Hawkbill Pottery in my neighborhood. This action would not only set a precedent for other potential businesses within'our residential area, but it would provide the added threat of traffic problems and neighborhood pedestrian endangerment. As a Key West Subdivision homeowner I am opposed to numerous cars being parked on our peaceful residential streets, to additional traffic through our streets, to the possibility advertising signs sprouting up on our lawns, to the added risks of theft in our neighborhood, to my property value plummetting, and to the loss of the peacefull lifestyle of this subdivision I call home. For these reasons I am greatly opposed to the Glass B permit request, #SP-99-32 The Hawksbill Pottery (Sign #91). Sincerely, , B OAR.D OF SUPERVISORS July 21, 1999 Board of Supervisors 401McIntire Road Charlottesville VA 22902 Re: SP-99-32 The Hawksbill Pottery (Sign 91) Gentlemen: This letter is written to.express my strong oppositiontothe request by Mr. Supraner for a Class B License.that would ~allowhim'to'use his residence as a factory and retail outlet for pottery products~as well.as the employment of two factory workers. Sincerely, l~ Stephen V..Jamme 11 Vincennes 'Court .CharlottesVille .VA 22911 Attention: Ella Carey, Clerk B ©ARD OF SUPERVISORS July 12, 19999 Board of Supervisors 401 ~cIntire Road Charlottesville VA 22902 Re: SP-99-32 Hawskbill Pottery (Sign 91) Gentlemen: I feel it would destroy our neighborhood to approve any .Class B applicationS. My vote is a definite NO to Mr. Supraner. Si~e~ ly, /_~ 11Vincennes Court Charlottesville VA 22911 Attention: Ella Carey, Clerk BOARD OF SUPERVIS ORS Ed Jones ; 340 Key West Drive Charlottesville, VA 22911 July 28, 1999 Albemarle County Board of Supervisors ATTN: Mr. Charles Martin, Chairman 401 Mclntire Road Charlottesville, VA 22902 Re: SP-99~32, The Hawksbill Pottery Opposition to application for Class B license (Special use permit) Dear Supervisors: After gathering additional information, I am now opposed to the granting of a special use permit (Class B license) to Mr. Scott Supraner, of 346 Key West Drive, in Key West subdivision. Effective immediately, I herewith rescind my previous letter in support of the subject application. cc: Key West Homeowners Association 7/23/1999 Board of Supervisors Office ATTN: Charles Martin 401 Mclntire Road Charlottesville VA 22902 RE: SP-99-32 The Hawksbill Pottery (Sign #91 ) Please be advised that I am opposed to the application for a Class B license in my neighborhood. Sincerely, Donald L. Jones 109 Wendover Lane Charlottesville VA 229 BOARD OF SUPERVISORS 7/23/1999 Board of Supervisors Office ATTN: Charles Martin 401 Mclntire Road Charlottesville VA 22902 ' RE: SP-99-32 The Hawksbill Pottery (Sign #91 ) Please be advised that I am opposed to the application for a Class B license in my neighborhood. Sincerely, Martha H. Jones 109 Wendover Lane Charlottesville VA 22911 BOARD OF SUPERVISORS [LUniversity of Virginia HEALTH SYSTEM Department of Radiology BOARD OF SUPERVISORS August2,1999 The Board of Supervisors Albemarle County 401 Mclntire Road Charlottesville, VA 22902 Dear Sirs and Madam: As a member of the Key West Commtmity, I am writing to express my objection to the award of a class B permit to Hawksbill Pottery Company, for the following reasons. Key West is a purely residential community and would suffer many consequences by the presence of an industry of the size which this company is contemplating. Once such an exception is made, the road is clear for more to come. , I am concemed about wiring and fire hazards in an aging building· Have these been adequately addressed? As a physician, I am concemed about a) the waste products of such an industry including air contamination for the workers in the building, b) water contamination by products which will gain access to the septic field and thence into ground waste to the adjacent Rivana River. I do not believe that a Residential Community such as Key West is an appropriate setting for an industry of the type being requested by Hawksbill Pottery Company. Please give this matter serious consideration. We are very concemed. Sincerely, Theodore E. Keats, M.D. Professor Department ofRadiology TEK/Sy UVa Health System, Box #170, Charlottesville, Virginia 22908 Telephone: (804) 924-2781 Fax: (804) 982-1618 V/TDD: (804) 982-HEAR ATTACHMENT E RECEIVED JUN ,~ 0 ~999 PLANNING AND COMMUNITy DEEVELOPMENT PAGE 1 f (R~t-t}- f' 7 7- "~" "' PAGE 2 A TTA CHMENT E PAGE 1 22 July, 1999 Board of Supervisors Office ATTN: Ella Carey, Clerk 401 Mclntire Road Charlottesville, VA 22902 Re: SP-99-32, The Hawksbill Pottery (Sign#91) To the Board Of Supervisors: I am opposed to the proposed special use permit for a Class B license applied for by Mr. Scott Supraner, of 346 Key West Drive, in Key West subdivision. Key West is a wholly residential, 220-unit subdivision. No resident has a Class B license. The granting of such a license would inevitable, and negatively, change the character of the community. It would set a precedent for future negative changes, including the lowering of property values and the quality of life. A commercial enterprise with 2 paid employees and ongoing retail sales, as contemplated by the referenced application, belongs in a commercial or industrial setting and not in a high density neighborhood like Key West. Sincerely, [na Kuzman 3 Vincennes Court Charlottesville, VA 22911 Juandiego Wade ; From: bob lindsay [rlind@rlc.net] Sent: Thursday, July 01, 1999 1:39 PM To: jwade@albemarle.org Subject: Request for Class B business license in Key West Dear Mr. Wade, I am writing to voice my objection to the proposed special use permit for a class B license applied for by Mr. Supraner of 346 Key West Drive in the key west subdivision. Key West is a purely residential subdivision and I cannot see why the establishmentof a business with employees is necessary. There are, literally, hundreds of other locations for such a business. In Key West the granting of such a permit inevitably changes the character of the community. Not only does it set a precedent for future changes, it demonstrably lowers real estate values near the location of such a license. The proposed location is on a sharp, busy corner and selling from the house must increase traffic density in that area. In short, I cannot see any compelling reason to provide a class B license in this subdivision. Sincerely, Robert Lindsay 107 Wildflower Drive Key West Board of Supervisors Office Attn: Ella Carey, Clerk 401Mclntire Road' Charlottesville, VA 22902 ~aO~;iAaHdt~l~ dO CIaVOa Members of the Albemarle County Board of Supervisors: I am writing this letter in reference to the petition SP-99-32, The Hawksbill Pottery (Sign #91 ) for a Class B Permit for the residence at 340 Key West Drive. At a recent meeting of the Albemarle County Planning Commission, this petition resulted .in a a 3- 3 vote and the matter was referred to you for consideration at your August 11 meeting. I had hoped that the matter would be dealt with by the planning commission but it was not. I am therefore prompted to write my first letter to your Board. I have been a resident of the Key West Subdivision since 1973. I chose Key West because it offered such a fine example of a small neighborhood, similar to the one in which I grew up. It has proven to be just that and was a superb spot in which to raise my three children, two of whom now teach in our county schools. My Key West neighborhood has kept this small town lifestyle up until the present day. The recent request by the Supraners,new residents of the subdivision, on behalf of the Hawksbill Pottery, in my opinion could seriously alter this atmosphere. Their home is three houses from mine and I feel that having apprentices is fine but would recommend that they do that in a setting such as a Community College, or a separate retail business site, rather than in the home. I also feel that three open houses relates to marketing, again something which I am opposed to in a neighborhood setting. I strongly support the right of a homeowner to make pottery in his basement as long as it is not for commercial sale. I also oppose the use of apprentices in such a setting. If someone wants to market a product today, the internet facilitates this, while negating this issue of traffic and the conversion of a neighborhood into a commercial area. I feel the whole situation with Class B permits undermines the neighborhood concept which remains so basic to American citizens. I also feel that it would set a dangerous precedent for the Key West neighborhood, and any other neighborhood for that matter. I also feel that the new residents must have known about the strong neighborhood atmosphere when they purchased the home. I feel that Board would do well to examine the Class B permit for neighborhoods like mine, and feel that opposition to granting such petitions is the proper course of action. Class B permits make a divisive issue that could erode one of our most strongly held values ,neighborhood character. Neighborhoods like Key West foster family values, prevent crime and provide support in times of family crisis. A Class B permit goes a long way towards eroding these basic values. I therefore again state my strong and unalterable opposition to this petition. I appreciate the efforts of your board on behalf of county residents and will continue my discussions of this matter with other residents of Key West and other subdivisions, most of whom support my viewpoint and oppose this petition. I will follow closely your deliberations and vote on this matter, and will continue to be vocal in the local community about this Class B situation. Sincerely Richard W. Lindsay M. D. 352 Key West Drive 505 FAULCONER DR., STE. 1D CHARLOTTESVILLE, VA 22903 TELEPHONE: (804) 293-93 I 1 July 21, 2999 Board of Supervisors Office Attention: Ella Carey, Clerk 401McIntire Road Charlottesville, VA 22902 Dear Sirs: SP-99-32 Hawksbill Pottery Sign #91 As a two year resident of Key West neighborhood and having invested greatly in purchasing and remodeling a home here~ I want to object strongly to the granting of a class B home occupation license to the applicants. My wife and I join the majority of our neighbors in urging you to help us re- serve the unique residential character by declining to grant the class B license application. Thank you for your concerning assistance ~ine C. Lip ' BOARD OF SUPERVISORS Monica Lobo, MD 348 Key West Drive Charlottesville, Virginia 22911 Board of Supervisors Office 401 McIntire Raod Charlottesville, Virginia 22902 Attention: Ella Carey, Clerk 7/21/99 Re: SP-99-32 The HawksbiB Pottery (sign #91) Dear Madam/Sir, Mr. & Mrs. Supraner who recently moved into our neighborhood are applying for a Class B Home Occupation License. As their immediate neighbor, who has lived in the Key West neighborhood since 1972, I strongly oppose the rezoning for the following reasons: 1) This rezoning would allow others to do similar activities and we would soon change the character of our neighborhood from a residential area to one of retail business. 2) Increase strangers 3) Increase traffic 4) Decrease real estate value I can only imagine the numerous pieces of pottery that must be made and stored in order to make a living in the pottery business. Also I would like to point out that the house on 346 Key West Drive is on a curve where visibility is not always adequate for a driver on that narrow street. My son has been hit by in coming cars on two separate occasions leading me to believe there would be an increased risk of harm to humans and property with the increase of traffic from this potential business location. As a long time resident of the Key West subdivision I am not sympathetic with their plan as there are many other areas in Charlottesville and Albemarle county where they could have had their pottery business without troubling the existing residents or having zoning laws changed. While I like change I also feel that any changes made should improve the subdivision not cause slow deterioration. Thank you in, advance for your attention to this most distressing matter. Sincerely, MD BCARD OF SUPERVISORS  University of Virginia HEALTH SYSTEM Department of Medicine Division of Nephrology ~a Health System Box ~133, Charlo~tes~lle, Virginia 22908 Telephone: (804) 924-5125 [ University of Virginia HEALTH SYSTEM Department of Medicine Division of Nephrology UVa Health System Box #133, Charlottesville, Virginia 22908 Telephone: (804) 924-5125 July 28, 1999 RE: SP-99-32 The Hawksbill Pottery Board of Supervisors Office Attn: Ella Carey, Clerk 401 Mclntire Road Cha~ottesville, VA 22902 Dear Ms. Carey, I oppose the Class B permit request, #SP-99-32, for the Key West Neighborhood. Please acknowledge my request. Sincerely, 9_,--~Jr,-c/~- 2Z~-'''--'lr't~ Joyce C. Locke 101 Northwest Lane Charlottesville, VA 22911 BOARD OF SUPERVISORS BOARD OF SUPERVISORS AUG.-ll' 99(WED) 12:21 d.A.B. A Jeff~son Area Board for Aging 674 Hiilsdale Drive, Suite 9 Charl&teavitle, VA 22901 - Telephone Number (804) 9784644 Fax Number (804) 9?8-3643 TEL;$04 978 5643 P. 001 FAX COVER SHEET Date:/~.(/Z)~////9c}9 Time: To: Subject: Copies To: _ / .'/5 Tc~al Pages including Cowr Fax # Phone # ........ Response RequeWwd: Yes No d--''/' "Jefferson Area Board for Aging an agency with heart, that embraces the elderly, the diMbled and their loving camgivers." 'IABA For more information about our services please call (804) 978-3644. Please contact JABA ff transmission was incomplete or in error. AUG.-ll'99(WED) 12:22 J.A.B. A TEL:804 978 3643 P, 002 Key West/Cedar Hills Community Association 103 W~--nctover Lane Charloncsville, VA 2291.1 ~fly29, I999 Board of Sup~rvl.sors' Office Attn: Ella Carey, Clerk 401 MeLttrite Road Clu~ottesville, VA 229~E Subject: 8P-99-32 '11~c Hawksbill Pottery (Sign Dear Board of Supervisors: The~ Bom'd of Directors office Key West/Cedar Hills Commmtiry Assooiation at its Executive Committee meeting held on July 18it' reviewed in great detail the application of Scott .'rod Vision'in Supranor to obtain a Class "B" specfial us~: pem~it to ,~xpand theit in-hom~ business ~vitlxin the K~y West neigl~borhood- After considerable discussion b.v those present, ~he Ex~utive Con'unities void to tak~ the position to oppose ttte application. It should be noted that at lh~ pro'vious Executive Commirt~ meeting held ~ early June~ t~¢ Ex~cutiv~ Co~LLoo m~t~d ~'. ~upt~cr to address a~c combines and shm'e wi~ its memb~ ~ pu~oso or ~ a~licat~n and how ii would ~t wit~ the c~m~ty. ~ing flint th~ ~oxmittee m~b$ were hffc~ed that h~ was m a~ist and tMt he w~t~d to be abl~ a~renti~s m leash them ~o ~ad~. He said thai most of hls po~ wouM be .eMigrant out- ol~town t~h'a and busblesses. HG ~h~r sta~d that ~ro~ ~n ho~$ w¢t~ plmd bm did not believ~ more ~n a few p~plo would visit his open ho~¢s. He sta~d tha¢ h~ would ~wen ~nit fil~ numt~er of days ~m~ riu'~e to on~ for ~a~b o$flx¢ op~ hou~s. He said the op$ ~o~es are not a si$ffie~t pm~ of his business but ofl~' desired to open up Ms siu~o for the pu!~ie Mr, Supranor spoke w~il at lhe, meeting and was well received. The committee expres~d its conc,~m for a Class "B" licerise ot'~v kind berg ~mted wRhin ~x~ K~y We. st Con~uniky because il would ablest eenah~ly eh~ge rite flavor ~fl~c e~mnu~' and op,n it up ~o othe potential Class ~'B" lic~mses to be ~'anlod. As a r~sul~ the EN~utiv~ Con~iltee at this mee~g wned to rake ~ position h e~x' of ¢~r ~ ~position to ~e application. Howard, Executive Co$i~'ee Suered that d~ing flx~ Albem~l~ Co~m~v Pbi~ng Com~si~ hea~g on My 13, 1999, Mr. Supranor ~nvoyed h his sum~ smt~a~t R~ t~ Commiss~n ~t th~ Ex~utivo Commitlee endors~ idea fixat he go $~d ~h his ~lans m ¢xpJd but only h~ wi~c~ew his Chss "~" ~oens~ app~cation. '11~i~ ~taT~mcmt to th~ C~ssion is ~ompl~t~ly fah~ and was not off~'ed Io ~h'. Su~m,r. The Executive Com~Re~ nor would the Assooi~on ~v~r d¢¢~ that someone sllould aMestop a local ordnance. ~, ~ul~s of that m~oting cle~'ly state what was discussed and th, results. It also s~a~d the C~mittee's n~uWal position. As a result ot'~e. slatoment made by 1Vtr. Supranor, the Executive Committee believed it ne~:cssa~' to review in dc;plZx iris applioatiem and r~~e:valuate, its position. ~ re~4ew rev,saled AUG.-ll'99(WED) 12:22 J.A.B. A TEL:804 978 3643 fi~at not just one kiln was piarmed as th~ m~'mmmbcrs wew led to beli6v¢ bui five. Th~ number of ~x~e~t~d visito~ to I~s open ho~cs ~ not ~ct~d to be five or sLx bu~ sixty with sLxty ~qrs behxg parked on il~e s~L ]~ a~xendces he would be hir~ arv r=ally ~uploy~s ~pe~ed ro turn out volumo..~d lh~y, the wast~ ~'~u ~s company's ~-od~on co~d ~nd ~p ~ tl~ ~va~ River X~ning d~ctly ~h~d his ho~o. ~xo K~ Wost Asso~finn has r~c~nHy oxp~n~ ih~ effect of ~on~uination of its wa~ supply ud do,s not ~'ish to x~vigit such an 0v~nt again. As a r~su]t of tl~s r~vigw, all to commill~ members voled ~ o~silion to the R~specrfully, 'v'icc President Stephanie Lowenhaupt 414 Key West Drive Charlottesville, VA. 22911 July 22, 1999 Board of Supervisors Office ATTN: Ella Carey, Clerk 401 Mclntire Road Charlottesville, VA. 22902 I am writing to express my opposition to SP-99-32 The Hawksbill Pottery (Sign #91 ). I just moved back into Key West after growing up in this neighborhood. It is a quiet, safe residential neighborhood. I feel that if you grant the' Hawksbill Pottery a Class B license, it could set a precedent for other businesses to come into this residential neighborhood. This could ruin the peacefulness, safety and country feeling of Key West. I urge you to not approve the application for a Class B business permit. Sincerely; Stephanie Lowenhaupt {~OA~ OF SUPERVISORS Tullia Y/taft'el SvncA 120 271ncennes ~.oad C] arlottesvllle, 27A 22911 (804) 977-1858 Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, VA 22902 July 29, 1999 Attn: Ella Carey, Clerk Re: SP-99-32 Hawksbill Pottery Dear Members of the Albemarle County Board of Supervisors: I am writing to express my opposition to Mr. Scott Supraner'.s , application for a Class B Home Occupation license to operate his pottery business out of his home in the Key West subdivision. I have met Mr. Supranet and believe him to be a man of integrity and someone that I would welcome as a member of this community. My opposition is not to his personal request but to the Class B Home Occupation license itself in a subdivision such as ours. The provisions of a Class B Home Occupation license are for a rural area where a person can conduct his livelihood and let people know of his work by hanging out his shingle. Such a rural zoning provision by virtue of it being rural is intended for a large area with little density where one man's business activities 'will not impinge on his neighbors. That is certainly not the case in Key West which is a residential :community where homes are located very close together and people are very protective of their privacy. BOARD OF SUPERVISORS There are residents of this community that do use their homes for business purposes.' The key difference however is that their business activities are of a level that do not require the presence of permanent on-site employees and there is no need to notify the general public of their business with a sign. Such provisions as exist in the Class B license allow a level of business activity that does not fit with the residential nature of such closely populated subdivisions as Key West, despite the fact that they are located in a rural setting. While Mr. Supraner has crafted his individual application in such a way as to attempt to allay the concerns of his neighbors, the fact remains that approving this Class B license when none have been approved before in any of the subdivisions in Albemarle County would set a dangerous precedent. Such a precedent might allow the next applicant to employ all the provisions of this license, thereby creating a residential and commercial mix that just is not welcomed in places like Key West or Glenmore, Forest Lakes or Dunlora. I am asking the Board of Supervisors to look beyond the merits of this individual application to the more serious consequences of the license itself on the unique nature of subdivisions as ours. That means not only denying Mr. Supraher his application to conduct his business on those terms, but also changing the provisions of this license so that they do not impact on what has grown to become a recognizable and permanent structure within rural environments that is to say the subdivision. Thank you for your attention to these concerns. 120 Vincennes Road ~vj((.L VA- d'uu-( 2,7,/e'~7 ~ BOARD OF SUPERVISORS August 1, 1999 Albemarle County- Board of Supervisors Office Attn: Ella Carey, Clerk 402 Mclntire Road Charlottesville, VA 22902 Re: SP-99-32 Hawksbill Pottery To The Board of Supervisors: There are many reasons why we-oppose- the granting of a C lass B license to Hawksbill Pottery but the basic issue is that it is inappropriate to this neighborhood; Key West is a quiet, residential neighborhood. This is the neighborhood that the Supraner's liked well enough to purchase a house and plan. on living here; Now it appears .that-they purchased the house so few months ago with plans to change our neighborhood to suit their needs. Our children grew up.here with quiet streets to walkon.and ride their bicycles in safety and walk their dogs and have a good time. It only seems fair to allow the new young-families in- this neighborhood to have. the sam opportunity. After all, when they bought their houses here, that's what they had a right to expect. This neighborhood opposed. a previous. request for a Class B license and it was withdrawn. The person who requested that is glad now that it was not granted. We all really appreciate-this community .for the benefits it offers for family life and warm community relationships. Please let us keep it. Don't approve a Class B licensefor the Hawksbill Pottery. Thank you for hearing our request. Sincerely yours, Karen L. Morris Calvin M. Morris 505 Explorers Road Charlottesviite~ VA 2291 t Juandiego Wade From: Bobbe Nixon [ran2x@virginia.edu] Sent: Thursday, July 08, 1999 10:15 AM To: jwade@albemarle.org Cc: bobbe@virginia.edu Subject: Class B Variance in Key West Juandiego Wade Transportation Planner County of Albemarle Re: Variance for Class B License for Scott and Vicki Supran'er 346 Key West Drive Key West Subdivision Dear Mr. Wade, I am writing to you to express my strong opposition to the granting of a variance for a Class B license for the Supraner's business in Key West. My husband and I have lived in Key West for 23 years and have enjoyed the character of and the families who live in this neighborhood. I feel that granting a Class B license for the Supraner business would change the character of our community by opening it up to multiple business/commercial like development. Even though the Suprahers believe that their business 'will not be a problem, I am concerned about the other business ventures that would soon follow at any of the other residences in the community. Soon our family community would become a mini commercial district forcing the family residents, if they want to continue to live in a family environment, to move out. I see our neighborhood as a "family" community. If people choose to set up businesses, there is office space available to rent or purchase in the appropriately zoned locations throughout the Charlottesville and Albemarle areas. I hope you will take my comments into consideration when deciding upon the Supraners variance. Neighbors have been circulating a petition which opposes the variance. My husband and I have signed it showing our formal opposition. If I can provide you with additional information, please do not hesitate to contact me at the following. Sincerely, Roberta A. Nixon 118 Boilingbrook Drive Charlottesville, VA 22911 296-1828 July 26, 1999 Board of Supervisors Office Attn: Ella Carey, Clerk 401 Mclntire Road Charlottesville, VA 22902 Subject: SP-99-32 The Hawksbill Pottery (Sign i~)l) Dear Board of Supervisors, I am writing to you to express my strong opposition to the granting of a variance for a Class B license for the Supraner's business in Key West. My husband and I have lived in Key West for 23 years and have enjoyed the character of and the families who live in this neighborhood. I feel that granting a Class B license for the Supraner business would change the character of our community by opening it up to multiple business/commercial like development. Even though the Supraners believe that their business will not be a problem, I am concerned about the other business ventures that would soon follow at any of the other residences in the community. Soon our family community would become a mini commercial district forcing the family residents, if they want to continue to live in a family environmen~i to m:ove out. I see our neighborhood as a "family" community. If people choose to set up businesses, there' iS office space available to rent or purchase in the appropriately zoned locations throughout the Charlottesville and Albemarle areas. I hope you will take my comments into consideration when deciding upon the Supraners variance. Neighbors have been circulating a petition, which opposes the variance. My husband and I have signed it showing our formal opposition. If I can provide you with additional information, please do not hesitate to contact me at the following. Sincerely, Roberta A. Nixon 118 Boilingbrook DriVe Charlottesville; VA 22911 '. 296-1828 ' 'B()ARD OF SUPERVISORS July 26, 1999 Board of Supervisors Office Attn: Ella Carey,. Clerk 401 Mclntire Road Charlottesville, VA 22902 Subject: SP-99-32 The Hawksbill Pottery (Sign #91) Dear Board of Supervisors, I am writing to you to express my strong opposition to the granting of a variance for a Class B license for the Supraner's business in Key West. My wife and I have lived in Key West for 23 years and have enjoyed the character of and the families who live in this neighborhood. I feel that granting a Class B license for the Supraner business would change the character of our community by opening it up to multiple business/commercial like development. Even though the Supraners believe that their business will not be a problem, I am concerned about the other business ventures that would soon follow at any of the other residences in the community. Soon our family community would become a mini commercial district forcing the family residents, if they want to continue to live in a family environment, to move out. I see our neighborhood as a "family" community. If people choose to set up businesses, there is office space available to rent or purchase in the appropriately zoned locations throughout the Charlottesville and Albemarle areas. I hope you will take my comments into consideration when deciding upon the Supraners variance. Neighbors have been circulating a petition, which opposes the variance. My wife and I have signed it showing our formal opposition. If I can provide you with additional information, please do not hesitate to contact me at the following. Sincerely, William E. Nixon, Ph.D. 118 Boilingbrook Drive Charlottesville, VA 22911 296~1828 BOARD OF SUPERVISORS Albemade County Board of Supervisors Office, Attn: Ella Carey, Clerk 401 Mclntire Road, Charlottesville, Va. 22902 Vidula Palta, 404 Key West Drive, Charlottesville, Va. 22911 July 18, 1999 Dear Sirs: Ref: SP-99-32 The Hawksbill Pottery (Sign # 91) My name is Vidula Palta and I have lived in Key West for the past 3% years. We moved into this community because of some of the same reasons mentioned by others: we liked its residential nature, laid back lifestyle, and the -fact that people took pride in their community. My purpose for writing this is not only to state my position, but also to make clear that there is a problem with the way current ordinances are wdtten. The current ordinances allow class B licenses to be granted in areas zoned rural. However there are rural situations where houses are a haft-mile apart. The~re are also "rural" situations where houses are 50-100 feet from each other. The ordinances treat them all in the same manner. The zoning ordinances could not have had residential neighborhoods such as Key West in mind when determining where class B businesses might be located. Regulations need to be in place that prevent any class B licenses being granted to a resident of subdivisions where the building density is fairly high, such as Key West, Forest Lakes and Hollymead. The current situation would then never have adsen. After all, class B business license applications have been submitted in subdivisions six times before - and in each case the application has been withdrawn. That says something compelling regarding people's desires and preferences in their residential surroundings. The current situation facing the Key West area and Mr. Scott Supraner is unhealthy and divisive. It is a situation in which no one can come out a winner - neither the people for the application nor those against it. The community has been, and may continue to be, divided for a long time over the issue of whether the business license should be granted. No matter how things are resolved, there are bound to be ill feelings. I would wish for restraint, moderation and balance on the part of all involved, with a high standard of civility being the norm rather than the exception. After all, no matter how the issue is resolved, the community and Mr. Supraner still have to pick up the pieces and try to repair the fabric of the community spirit when all this is said and done. I believe Mr. Supraner to be a man of integrity, someone who has tded to follow procedures in getting what he perceives he needs. I am sure that he feels embattled and isolated, and it is possible that he will always harbor resentment for the people in the community who have opposed him in his pursuit. BOARD OF SUPERVISORS That having been said, there is also the case of those opposed to his application. I am one of them. My observation is that almost without exception, the people opposing him have had no personal animus against him or his family. They are opposed to what granting a class B license means to the community: · the setting of a precedent for other current or future Key West residents who may also wish to apply · the ability on the part of a successful applicant to exercise any or all of the faidy broad powers granted him under the class B license regulations · increases in traffic due to Open Houses/retail sales at the site · changes to the residential nature of the community as a result of all of the above Whether Mr. Supraner intends now to exercise all the rights granted him under the license is beside the point. The point is that he may later do so, or that other successful applicants may. This will not be good for the residential nature of the community, and could serve to bring down property values. For example, I think that you will agree that any business signs in a residential neighborhood will change its nature. Mr. Supraner's application on the face of it does not seem to have significant impact. However, i would raise a couple of questions: · At a Key West Community Association meeting in June, Mr. Supraner told board members that no more than three to five people would be expected at any open house event. I am assuming this is over the three-day pedod he had initially desired for each open house. Under questioning from members of the Albemarle County Planning Commission, he said that he would send out 300 invitations for each event and expect 20% to attend. This is a total of 60 people during each open house, which has been reduced to a one-day duration per event. How did this discrepancy in his calculations occur ? · Normally, kilns are vented to the outside because of certain gases being produced during the heating and ~dng process. Mr. Supraner states that there is no pollution from his kilns. That should mean his kilns do not need to be vented. is this indeed the case ? If they are vented, why are they ? And so, even though I harbor no ill will towards Mr. Supranet, I would like to go on record as being against his application. I urge that the class B license not be granted. I feel very strongly that a class B business in the community will affect its character negatively because the rights granted under that license are too broad in scope. It may even bring negative attention to Key West as being the only, or one of the only communities of its type in the area that has a class B business within its environs. I would also ask each of the Supervisors to consider within themselves whether, given the current rights that are described in the zoning ordinances, whether they would welcome a class B business into their neighborhoods. Thank you. 'j~'~:o~: ....Kaki~)P@aol. C0m' ' Sent: Thursday, July 29, 1999 6:03 PM To: ecarey@albemarle.org Cc: cmartin@albemarle.org Subject: Key West opposition Dear Board of Supervisors: I am opposed to Hawksbill Pottery SP~99-32. I live with my husband and 2 children, who are 8 & 9, across the street and down from Hawksbill Pottery. I also applied for a Class B permit about 9 years ago. I have a small interior plantscaping business, then called The Plant Lady, where I maintain commercial & residential indoor plants. Before even moving into the neighborhood, I sent Key West residents letters, met with them at Key West Board meetings and was amazed at the opposition. This is why I feel it important to express myself on this issue. I am not here because of feeling that Hawksbill Pottery shouldn't get a Class B because I couldn't get one! On the contrary, I withdrew my request because of respect for a strong, residential neighborhood that I am so happy to be a part of today. There are a couple of areas that are different with the Hawksbill Pottery request though and worth noting. *It is located on a very dangerous (135 degree) curve; Jason Lobo was hit by a car there some years ago. Hawksbill Pottery plans to invite 300 people to Open House's; cars parked on either side of the read, near this curve, would present a problem for oncoming traffic, especially the numerous children on bikes and people walking! *Hawksbill Pottery wants to use over 1600 square feet, close to half of their house, for a business. (When I applied it was 25% of your house.) This is a residential area and maybe this factory should be conducted in an area zoned for business! A Class B permit would set a precedent for the possibility of other businesses within this residential area. If The Plant Lady's Class B permit had been approved, how could we keep out this pottery factory, or other retail businesses? In fact, at the Planning meeting on July 13th a member of the Board asked if a request for additional square footage had been granted before. It was agreed that there had been other requests approved and therefore this was not the first; it would not set a precedent, that had already been done! There was no question as to where these were located--in a neighborhood or not, just if it had been done before. Once the first Class B permit enters our neighborhood it will pave the way for others. There are no Class B permits in separate and enclosed county residential areas, like Key West. I spent many hours at the Planning office a couple of weeks ago and counted about 100 Class B requests from 1978 to 1998. Of those, 6 were in or very close to a planned residential community (these were Ednam, Colthurst, Sherwood Farms, Oak Hill, Key West and near Meriwether Hills) and all 6 had withdrawn their request. The County said they do not have the time or personnel to monitor Class B permits and therefore someone could spoil it for all, leaving us with devalued property for many years to come--bad news is hard to forget! Thank you! Kaki O. Pearson 353 Key West Drive BOARD OF SUPERVISORS 337 Key West Drive Charlottesville, Virginia 229~1 7-31-99 117 Chestnut Ridge Road Charlottesville, Va. 22911 Board of Supervisors Office 401 Mclntire Road Charlottesville, Va. 22902 Re: SP-99-32 The Hawksbill Pottery Dear Members of the Board of Supervisors, We have owned our home in Key West for 22 years, and have enjoyed the residential atmosphere here. Adults and children enjoy walking, jogging, and bike riding on the quiet streets here. Both my husband and I are very concerned about the fact that a new neighbor is requesting a Class B permit to operate his pottery business in our subdivision. He plans to have two employees working Monday through Friday from 9:00 a.m. until 5:00 p.m., have three open houses a year, and is requesting permission to use 1614 square feet of his home for the business. In order to support a family of, pay two employees, and manage overhead expenses, substantial sales of pottery pieces would be required. Such a large volume of business would not be appropriate in a residential setting. Upon reviewing the Hawksbill Pottery request, VDOT recommended that the entrance should meet commercial entrance standards and that off street parking should be provided to handle open house traffic. These changes would seriously change the residential appearance of the property, yet safety is a serious concern. Our streets are narrow and there are no sidewalks. The request to use 1614 square feet of the residence for business exceeds the Albemarle County Code dramatically. The code allows one fourth of the residence to be used for business purposes and cleady states that the number of square feet should not be greater than 1500 no matter how large the residence is. A Class A permit is a privilege open to any one of us in any subdivision in the county. If it was anticipated that an expansion of the Hawksbill Pottery would occur in a short period of time after moving here, a location where a manufacturing business would have been acceptable should have been chosen instead. This is a self imposed problem.: It would not be fair to the other residents to grant a special privilege to conduct this business in the subdivision. Using a residence to operate a business requiring two employees and such a large space is not compatible with typical neighboring uses within the subdivision. I respectfully request that you do not approve this special use permit. Diane Ritter 117 Chestnut Ridge Road Charlottesville, VA 22911 July 30, 1999 Board of Supervisors County of Albemarle RE: AppliCation of Hawksbill Pottery for Class B License in Key West Sirs, Mesdames: Section 5.2.2.1 of the Albemarle County Code Supplement - 2/26/99 for a Class B license states that: "...not more than twenty-five (25) percent of the floor area of the dwelling shah be used in the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet;..." The Hawksbill application seeks a zoning modification to allow the occupants to use 1614 square feet of their dwelling area in a Class B permit. Assuming the Hawksbill residence has approximately 3.800 square feet, 25 percent would be 950 square feet, not 1,614 square feet. The conjunction "and" between two clauses, in correct English, does not allow either clause to negate the other. Thus, the second clause in the zoning code, which states that "in no event shall ... exceed one thousand five hundred (1,500) square feet...," would only apply to this zoning request if the dwelling had more than 6,000 square feet. And therefore, in the absence of a variance, only 950 square feet of commercial occupation would be permitted within a Class B permit for this residence. In my estimation, an additional 664 square feet to a normal Class B permit is not a nominal increase over the 950 square feet permitted by the code, and it represents an excessively serious business intent for a neighborhood which has been purely residential since its Restrictions were Recorded in the Deed Book on October 5, 1959. Planning literature indicates that the purpose of special exceptions it to give the planners some flexibility. Regarding this, a Center for Public Service publication, Zoning and Subdivision Law in Virginia, points out that "While the essence of a variance is hardship, the issue with a special exception is whether the intended use is compatible with neighboring uses." This request or any Class B license issued in the Key West neighborhood could not be compatible with our active, stable, beautiful, 40-year old community. I believe it would be naive not to expect that the issuance of even a single class B permit in Key West would make it immeasurably more difficult to withstand the legal pressures of future businesses, even if of a considerably more noxious character, that would want to move here within such a permit. I ask you to not reverse gentrify our neighborhood by starting such a precedent. Rogers C. Ritter /~ q, ~ Board Of Supervisors Office Attn: Ella Carey, Clerk 401 McIntire Road Charlottesville, VA 22902 July 24, 1999 Dear Ms. Car~j: This letter is written in reference to the Chss B permit being requested by the Supraner family, at 346 Key West Drive, more specifically: SP-99-32 The Hawksbill Pottery (Sign #91 ). We strongly OPPOSE this application for a Chss B license. Please feel flee to contact us directly should you require any fttrther information. Thank you for your time and attention to this matter. Sincerely, Do~ ni~a R eth~ 108 George Rogers Road Charlottesville, VA 22911 (804) 984-6514 BOARD OF SUPERVISORS 0. -~2:-.::, ~:/.j~ :5'5 ~:C\:'~? To: 'l'he Albemarl~ County Board of Supervisors' Office Attn: Ella Carey, Clerk 401McIntire Road Charlottesville, Va. 22902 Re: Application SP.-99-32 by the Hawksbill Pottery Dear Members of the Board of Supervisors, We developed Key West 40 years ago, and have lived there ever since. We ~eel very strongly that cenductin~ a business o~ this nature is out o~ character with the long-standing residential nature o~ the neighborhood. 0~ particular concern are · the .~ollowing: 1. Traffic: The business is located right on a very dangerous curve. This curve is particularly dangerous because, as you enter it, you 'think you can see the extent o.~ it; however, it continues to curve ~arther than it appears to initially. Parked cars would obscure a driver's vision. A youngster was hit at this spot. We are concerned that the increase in tra~=~ic may have been inadvertenty underestimated. A very large number o~ residents walk., .jog, push strollers, exercise dogs, ride bikes, etc. An increase in tra~.~ic would threaten the safety o~ this group. 2. Water~ One o~ the boundaries of the lot on which this business sits is the Rivanna River. The lot slopes sharply .~rom the road down to the river. What result might occur when both industrial and personal waste seep into the Rivanna? .'~'~. We were told that there is one other class B business license that has been operating ~or years in Key West. '[his is the shelter adjacent to the pool and tennis courts. This shelter is two bathrooms, a tiny kitchen, and an open area (concrete ~loor, roo~, no walls.) ]'he club is situated on 40 acres adjacent to Key West. It was requested by the entire community and serves the enti re community. 4. We realize 'that a new trend in community liv:Eng is to combine industrial and residential purposes. There could certainly be some advantages: less commuting, working in closer proximity to your home, etc. The point i s that those who choose to i i ve i n such communities opt for it. They choose this way of li.~e. Key West residents, 240+ homes, chose their way o~ life. They have opted for a residential community for many and varied reasons. Why should the vast majority have an unwanted change loisted on them? ~ Si ncerel y, ,~- .............................................................................. July~30, 1999 ...... ........................................ ~01._McInt.ire _Road ................................................................................. ........ · Charlottesville.,. Va,. 22902 .............................. REF: SP-99-32 Hawksbill, Pottery (Sign #91 ) 'We oppose the proposed zoing change in the Key West Subdivision that would allow the referenced business to operate, BOARD OF SUPERVISORS BOARD CF SUPERVISORS BOARD OF SUPERVISORS ~uly 21, 1999 Thomas J. and Sigrid Sweitzer 105 Key West Drive Charlottesville, Virginia 22911 Telephone 804 295 8501 Board of Supervisor County of Albemarle 401 Mclntire Road Charlottesville, Virginia 22902 Reference SP-99-32, The Hawksbill Pottery We respectfully urge you to deny the issuance of a Class B license, specifically SP-99-32, The Hawksbill Pottery. The issuance of such a permit would have a profound, drastic effect upon the peace, tranquility and safety of our neighborhood. Key West is a wholly residential community with no other such licensed activity and we desire our neighborhood to continue as such. Again, we oppose the granting of any Class B permit within the Key West neighborhood, specifically SP-99-32, and urge you to deny the permit. Sincerely, 116 Vincermes Rd Charlottesville, Va 22911 July 26, 1999 County Supervisors: My husband and I are concerned about SP-99-32 The Hawksbill Pottery (Sign #91 ) to be discussed at your next meeting. We are 10-year residents and homeowners in Key West subdivision. Without repeating many things you have already heard, we ask that you consider what your feelings would be if you Iived in a similar neighborhood and this intrusion were made. Would this be allowed in Glenmore or Forest Lakes? i think not. We ask the same consideration to preserve the currein atmosphere of our neighborhood. Please oppose this bill/request as we do. Sincerely, ~~/~ (nT~'e S lVester· Z~ BOARD OF SUPERVISORS July 28, 1999 Albemarle County Board of Supervisors Attn: Ella Carey, Clerk 401 Mclntire Road Charlottesville, VA. 22902 Dear Supervisors: Ref: SP-99-32 The Hawksbill Pottery (Sign #91) My name is Tom Walsh and I have lived in Key West for the past 3.5 years. I am opposed to The Hawksbill Pottery application for a Class B business license. Scott Supraner seeks a Class B home-occupation business license for the following 3 purposes (my reasons for opposing follow each point): 1. To hire 2 permanent, full-time employees Supporters of this application speak in nostalgic terms of a bygone era where people struggled to make a living from home-based industries. Mr. Scott Supraner, the owner of The Hawksbill Pottery, describes himself as an artist and his two employees as apprentices in the art of pottery. Thus, some letters in support of the applicant make reference to these employees as "helpers"; "assistants", and "apprentices". Make no mistake. The Hawksbill Pottery is beyond the romantic notion of a cottage industry. This is a business and it is established for profit. During the public hearing at the Planning Commission on July 13, Mr. Supraner admitted that these employees "add revenue" to his business. 2. To allocate 1614 sq. f[. (the entire basement) of his house to the enterprise. Mr. Supraner wants to use 42% of his house to support this business. In his application, he shows kilns not only in his basement, but also in the garage. Is the garage square footage included in the 1614 sq. fL? Regardless, the dedication of almost one half of his house towards operating a 4 full time person business suggests this is more "industry" than "cottage". 3. To hold 3 Open Houses per year, each for one-day duration. Mr. Supraner met with the Key West Association board to allow questions and answers in an open forum with the residents of Key West. In this meeting, recorded and published in the Key West newsletter (and subsequently corroborated by Mr. Supraner), Mr. Supraner estimates the attendance at each Open House to be 3 to 5 people. At the public hearing on July 13, Mr. Supraner agreed with an estimate that 20% of 300 mailings would attend (or 60 people). This subsequent number is 10 to BOARD OF SUPERVISORS 20 times larger than the number given to the Association. It's possible that even this estimate is low. The location of The Hawksbill Pottery sits directly at one of the most dangerous curves in Key West, one with limited visibility and one at which a resident's child has already been hit by a vehicle. There is not enough off road parking to accommodate any of this traffic. Consequently, the traffic will park along the road, creating an unacceptably dangerous condition. During the Planning Commission public hearing, one of the plannersregistered'support for the Class B application because Mr. Supranet had been led down the "primrose path" by the RA zoning designation for Key West. (This same planner also stated that the zoning for communities such as Key West should be reconsidered, that the range of characteristics between "rural" and "urban" was too great, and that some designation should be found that fits these neighborhoods more accurately and that would disallow the possibility of Class B licenses ever being allowed in an area such as Key West.) The sympathies of helping the "misled" applicant are laudable but misplaced. Mr. Supranet has already stated that he knew that he had no claim to a Class B license by right in Key West. If the zoning ordinances are confusing, it is unfortunate, but it is inappropriate to try to correct that mistake by committing a greater one: the allowance of a business enterprise like The Hawksbill Pottery to exist in a wholly residential community. The greater good would be accomplished to a greater number of people by preventing businesses that likely will have the effect of changing the entire nature of the community. I am opposed to this application *because this, is a commercial enterprise, not an artist's studio. Mr. Supraner moved into Key West:near .the beginning. of this year. He is not looking to expand from a Class A business. He has,. in his own words, operated for the last seven years in the Harrisonburg area with 2 employees. He moved into the Key West area with the intentionof transferring the entire enterprise into the Key West community. There are more appropriate locales for an enterprise such as this: in rural areas where houses are ½ mile or more apart or in commercial zones. Thank you for considering my concerns. I ask you to reject The Hawksbill Pottery application. 404 Key West Drive Charlottesville, VA. 22911 ............ BOARD OF SUPERVISORS ....... ................ ,~,d , /~ l..~._~ .. P_.E: BOARD OF SUPERVISORS ATTACHMENT E Juandiego Wade From: UVAAL@aol.com Sent: Tuesday, June 29, 1999 4:41 PM To: jwade@al bemade. org Subject: SUPRANER APPLICATION FOR CLASS B KEY WEST SUBDIVISION JUANDIEGO WADE DEAR MR WADE WE DO NOT BELIEVE THE CLASS B APPLICATION BEING REQUESTED BY MR. AND MRS SCOTT SUPRANER OF KEY WEST SUB. DIVISION SHOULD BE APPROVED. CC- WAYNE CILIMBERG ALBERT S. YANCEY DIRECTOR OF PLANNING BARBARA S. YANCEY DAVID BENISH DIRECTOR OF COMMUNITY DEVELOPMENT BOARD OF SUPERVISORS Board of Supervisors Albemarle County Office Building Mclntire Road, Charlottesville, Va Charles Martin, Chairman August 3, 1999 Dear Board Members, Enclosed please find a report which has been researched and compiled by many residents of Key West subdivision in opposition to Application SP 99-32 by Hawksbill Pottery for a Class B home occupation permit. None of us are pottery or environmental experts but our concerns are detailed and specific. We hope you will give consideration to this document as we have invested much time in researching our concerns. This was done to help facilitate your important decision before this Board on August 11, 1999. There are still many questions without answers. Governmental authorities and expert opinions are clearly needed to verify the complete compliance of the Hawksbill Pottery to insure personal, community and environmental safety. Thank you for your time and consideration in this matter, Richard Bradley Patt Hart Keats Monica Lobo Vidu Palta Tom Walsh Pat Delany InaKunnan Peter Lobo Diane Ritter ATTACHMENT F 323 Key West Drive Charlottesville, VA 22911 July 1, 1999 Juandiego Wade, Transportation Planner County of Albemarle, Dept. of planning and Community Development 401 Mclntire Road Charlottesville, VA 22902 Dear Mr. Wade: A week ago, I was approached by a "concerned neighbor" asking me to sign a petition to "save the community." I was appalled at the misinformed and misleading language in the heading which made it sound as though our safety and security as a quiet residential neighborhood was being jeopardized by the Supraner's request to change from Class A to Class B business license. I have known the Supraner family since Vicki and I trained to teach Special Education six years ago, and was thrilled to discover that they had bought a house in the neighborhood, as I was in the process of buying just down the street. They are caring, responsible people and have a knack for creating beauty wherever they settle. The property they selected seems perfect for a home-based business, nestled on the side of a hill, with parking and work areas are completely shielded from passersby and neighbors alike. It seems in these days of uncontrolled development and suburban sprawl, homeowners will struggle mightily to protect their interests when they perceive a threat.. However, I simply cannot conceive how the quality of the neighborhood would be diminished by permitting the Supraners to use the remaining 114 square feet of their 1614-square-foot basement for work. Furthermore, given the physical layout and seclusion of their home and property, I cannot see how the presence of two apprentices during regular work hours could possibly impact even the Supraner' s next- door neighbors. From what I've seen attending other "Open Studios" in the area, there appears to be no greater negative impact (in terms of noise, trash and parking/traffic) than what one might expect from a typical family or social gathering, and the opportunity to see such exquisitely handcrafted items at their source would be enriching and inspiring to all who attend. While I can certainly understand why citizens within a community would want to scrutinize requests to conduct home-based businesses in order to prevent increased traffic, pollution and blight, these concerns seem hardly relevant to the case at hand. It is my hope that this request be considered --and accepted-- based on the merits of this individual situation. Surely if we respond on a case-by-case basis to specific and reasonable requests, with reason, our neighborhood will remain not only protected, but strengthened by the supportive bonds that are the essence of community. Sincerely, Elizabeth K. Andersen 323 Key West Drive Charlottesville VA 22911 2 August 1999 Albemarle County Board of Supervisors 401 Mclntire Road Charlottesville VA 22902 Re: SP-99-32 The Hawksbill Pottery To Whom It May Concern: There are some who believe that democracy means "majority rules". But the true mark of a democracy is how well it safeguards the rights of the minority. Them have certainly been a number of voices clamoring to limit the rights of Vicki and Scott to earn their living by the trade they have chosen. The Supraner's three requests -- being able to use their entire basement, holding three Open Studios per year and employing two paid apprentices-- may make the difference in the success or failure of Hawksbill Pottery. What would it say about our society if we permitted the peevish complaints of those who have nothing to lose (except perhaps the chips off their shoulders) to determine the outcome of the Supraner' s request? There are a great many home-based businesses in this neighborhood, with varying effects on their neighbors ... I am subjected to the constant hum of a dust collector from the cabinetmaker next door... but I respect and uphold his right to earn a livelihood by his trade. When people live in a community, they have to expect to be impacted by others -- lawnmowers or chainsaws earlier in the morning than one might prefer, unsightly construction projects, additional traffic from family gatherings and yard sales... But in the great scheme of things, these are not nearly so much a problem as when unaffected individuals can limit the rights of others to conduct their lives as they choose. Of course, one would hope that the members of a community would be considerate of the needs of others, 'and I believe Scott and Vicki have gone above and beyond the call. They chose to notify neighbors and go through the "proper legal channels". But more importantly, they selected a house ideally located and designed for a home-based business. The parking and basement/garage/workshop areas are completely hidden from view to passersby, except perhaps from their immediate neighbor to the right, and this could be remedied by a well-placed stockade fence along the property line. I urge you, Board of Supervisors, to take a stand for individual liberty... for the right of Vicki and Scott to pursue their vocation, urnhampered by the unfounded concerns of those only interested in maintaining the status quo, regardless of the cost to the Supranet family. Please approve Class B permit request #SP-99-32. Sincerely, Elizabeth K. Andersen ATTACHMENTF / 332 Key West Drive Charlottesville, VA 22911 June 30, 1999 Albemarle County Department of Planning zF01 McIntire Road Charlottesville, VA 22902 Dear Mr. Wade, I am writing to you concerning the special use permit request that has been advertised at 3zF6 Key West Drive. I feel that the small home business that the Supranets intend to have will not conflict with the needs &the Key West Community. There are many home businesses currently operating in Key West. It is clear from the description in their application that the Supranets intend to maintain the same discretion and respect for others that home occupations in the neighborhood display. They do not plan to open a retail store or generate a lot of traffic in the neighborhood. Their request for two apprentices to work with them during regular business hours seems reasonable. Many residents employ people to assist them with a variety of household tasks. I do not see why these apprentices should be viewed in any other light. As far as the request for three "open houses" at their pottery studio annually, I believe that they would create no more disturbance than an average yard sale or family reunion. Certainly, any Key West resident would be entitled to have such a gathering at their home without asking for special permission. I endorse the Supranets' right to run their pottery studio as they have indicated in their permit application. I believe that their plans have demonstrated a concern for the welfare of the community, and I feel that their welfare should also be considered by allowing them to continue earning a living in the privacy of their own home. Sincerely, Edith Arbaugh RECEIVED JUL 0 1 1999 PLANNING AND COMMUNITY DEVELOPMENT 102 Wildflower Dr. Charlottesville,VA 22911 July 1, 1999 Dear Mr. Wade, I am writing to let you know that I do not have a problem with the Supraner's request for a Special Use Permit for their home pottery business at 346 Key West Drive. I've lived in this neighborhood since 1987 and believe that people have the right to do what they choose in the privacy of their own home. I think that the Suprahers will be responsible and considerate of their neighborsin the way they conduct their business. The requests that they have made to have two assistants work with them and to hold three open houses annually seem reasonable and allowable in a residential setting. I believe that individuals should respect the community in which they live, but it is unfair for the community to irapose · restrictions on homeowners without justification. CasSandra Baker RECEIVED JUL 0 , ~ A,',;.v;'''' .';-' ,A.N""' C ,....,, ,"I .M u ~ ., i. S:V;LDPMENT To ~he Board o~ Supervisors: I wholeheartedly suppar? the Haw-ksbilrs reques? for a.class B license in Key West. I feel the nature and scope of the Hawksbill Pottery business adds diversity and does not detract'from the style of. our neighborhood,,,I look foreword to their .first open house! PI.ease approve their request! AA ic h e I e B~ c I e 106 Wendover Lane Key West RE: 5p-99-32 Dear Mr. Wade, It has come to my attention that a Class B Permit is being sought by the Supraners, residents at 346 Key West Drive. After speaking with Mr. Supraner I have become aware of his specific requests to have two apprentices and 2-3 open houses per year. I understand that the approval of this permit does not set a precedent for other Class B Home Occupancy licenses in the neighborhood and that any future requests of this nature would be evaluated on their own merits. If this is the case, I support the Supraner's request and urge you to approve their application for a Class B license. Thank you. .RECEjVED JUL 0 g 1999 COMMUNW'T ~SVZLSPM,cNT Aug-O3-gg QI:50P P,O2 CHRIST1NE IEZzI BLAINE C'IIAR!.t)TTJ :SV!I .I.E, VtRGINIA 22911 August 3, 1999 Board of Supervisors Office Atm: Ella Can:y, Clerk 401 Mchxtire Road Chatlottcsville, VA 22902 RE: SP-99-32 TIlE HAWKSBILL E OTTERY Dcat Board fat Supervisors, resident of Key West Subclivisioa, I su_o_~ 9rt the Clems R permit request #RP-gg-32, Sinoct'ely, Christine Iezzi Blaine Aug-O3-99 Ol:4gP P.O1 DAY ID C. BLAINE 397 4LEY Wi~ST DRIVE C!|ARI.OTI['] :SVI[,LI~, VIR(;II~IA ~2911 August 3, 1999 Board of Supervisors Office Attn: Ella Car:y, Clerk 401 Mclntire Road Charlottesville. VA 22902 RE: SP-99-32 TILE HAWIGBILI. t OT'L'ER¥ Dear Board of Supervisors, As a resident of Key W~st Subdivision, X.stltI oft the Class mi permit rsquest Sincerely, David C. Blaine July 1, i~ Mr. Wode, I hove heord obout the pottery studio trot Scott ond Vicki euproner hove in their house on Key XX/est Drive. I hove no objection to them working of home or Roving t~vo ossistonts os their permit opplicotion indicotes. The 2-_~ open Rouses they hove proposed will be o nice oddition to our community events, Roving o Iocol ortist's studio will odd interest to our neighborhood. THe conditions trot hove been ploced on the ~uproners' home occupo'fion permit seem well thought out THey protect the needs oF the community ond olso ollow the ~uproners to be sePF-employed ond run their studio os needed. I encouroge the county to endorse their opplicotion. THonk you. ' cerely, nt BOARD OF SUPERVISORS Ju~y 1, 1999 To: Mr. Wade Please 'note that I am in support of the pottery. studio that Scott and Vicki Supranet have in their home on Key West Drive. I believe that they should be allowed to work in their home according to the guidelines~ restrictions specified in their Class B application. As I understand, this gives them the right to have two helpers, and up to three open houses a year. I do not feel that either o{ these items would disturb the Key West community and ask that the county give its approval for this request. Thanks for considering my opinion in this matter. 111 Boilingbrook Drive Charlottesville, VA 229 11 ATTACHMENT F June 30, 1999 .Mr. Juandiego R. Wade Senior Transportation Planner County Of Albemarle Co~mty of planning & ,Colnrmmity Development Dear Mr. Wade, I write this letter in regards to SP-99-32 The Hawksbill Pottery (Sign .~91). My family has lived in the Key 'West Subdivision since Nov. 1, 1983. This neighborhood has always been a strong family oriented neighborha.-& After meeting with the applicant, Scott. and Vicki Supranor, I found them to be the quality of individxmls who we have always enjoyed in l'his neighborhood. Ai'mr reviewing what they are requesting m regards m their special use peat, my only question is how would the approval of this permit affect our neighborhood in the timbre? There is much talk that ff the County approves their request, it will open a flood gate for other similar requests. It is my understanding that each request is carefully scmtinizat by County officials; that each application has to stand on its own merit. If this is indeed the case, then I can find NO reason to oppose the request for a zoning change. ~ property is directly adjacent to the property in question. We look directly into the ,area where their profession would be conducted. I have to have faith in my neighbor that their activity, and specifically their apprentices, will be conducted in a very pmt~ssiona! '-and courteous rnam~er. I also have to have Ihith -and comqdence in our local government that each-applicant in the future will not be affected by the Board's decision as it pertains to this special use permit. I ask the Planning Commission to vote fhvorabiy for SP-99-32 The _Hawksbill Pottery..., as .long as a positive vote does not set a precedent thr future such requesL ~H. Darden 344 Key. West Dr. Charlo~msviile, Va 22911 804-979-0657 ATTACHMENT F THOMAS F.HENZEY jr. 115 wendover lane CHARLOTTESVILLE.VA.22901 BOARD of SUPERVISORS 401McItire RD. CHARLOTTESVILLE, VA 22902 att~ Ms. ELLA CAREY,CLERK 26 july 1999 re- SP99-32 THE HAWKSBILL POTTERY I AMWRITING THIS LETTER TO YOUR OFFICE IN REGARDS TO THE ABOVE ZONING CHANGE. I SIGNED A LIST ON JULY 24, 1999. AGAINST THE CHANGE. THAN I REALIZE I DID NOT KNOW ENOUGH TO MAKE THAT CHOICE CORRECTLY. SO I CHECK INTO THIS ISSUE THAT IS GOING ON IN OUR AREA, AND REALIZE THAT I HAD MAKE A MISTAKE. AT THIS TIME I WOULD LIKE MY NAME TO BE REMOVED FROM THAT LIST AND PUT ON THE LIST IN FAVOR OF THE ORDINANCE CHANCE FOR THIS PEOPLE. I HAVE READ THE LIST OF CONDITIONS THAT THEY HAVE TO MEET AND I DO NOT SEE ANY REASON NOT TOBE IN FAVOR. I'm SURE THEY WILL NOT RISK THIS CHANGE iNTHE ORDINANCE TO BREAK THE AGREEMENT. TO REPEAT I AM IN FAVOR OF THE CLASS B PERMIT #SP-99-32 N " ...... THAN ...... 115 wendove lane , 911 CHARL B ©ARD OF SUPERVISORS August 1, 1999 Page 1 of 2 Emily J. Hauenstein Steven L. Darling Charles Martin and the Board of Supervisors Attention: Ella Carey, Clerk 401 McIntire Road Charlottesville, VA 22902 RE: SP-99-32: The Hawksbill Pottery Dear Mr. Martin and Honorable Board Members, We are writing to support the petition of Scott and Vicki Supraner of 346 Key West Drive, Charlottesville, VA for a Class B permit request with the restrictions already entailed by the BOS. There has been considerable rhetoric in the neighborhood about the merits and costs of the pottery business that the Supraner's propose and for which they have considerable expertise. In our opinion, the detractors' commentaries have been inflammatory and based less on fact than on some perceived loss that the neighborhood might accrue. I served as a pottery apprentice for about five years for a well-recognized potter who maintained her business in Albemarle County. I am totally unaware of the permit status of that. business so I cannot comment in that regard. I can, however, paint a fairly accurate picture of the demands that the Supraner's business would place on the neighborhood. Potters are part of a small cottage industry that' value their craft first, and their livelihood second. Apprentices may be paid, as the Supraner's request or barter their labor for training in the craft. Most apprentices enter such positions as a means of entering the trade. For most potters their income is largely derived from their participation in craft and other art shows, and by wholesaling their product to local businesses. Their profit is entirely based on the quality of their product and what they and their apprentices are able to produce. The Supraner's request the use of their entire basement space for their business, approximately 1600 square feet. The Supraner's point out in their communications that this is only about 100 square feet larger than that permitted by the Class A permit. What we think may be more illustrative is how constraining that space is considering the average potter's needs. In order to house the Supraner's and two apprentices they will need two to four potter' s wheels, bench space for each potter to glaze their wares, shelf space for drying pots and for pre-glazed pots, sinks, space for mixing clay and glazes, space for a kiln, and considerable storage space. With these space constraints, even at 1600 sq. feet the Supraner's simply would be unable to launch a large- scale business. Such a small space would prevent sufficient display of finished pots to preclude retail sales. 395 Key West Drive Charlottesville, VA 22911 (804) 296-5333 Page 2 of 2 Emily J. Hauenstein Steven L. Darling An electric kiln fires pots at extremely high temperatures. The by-product of such firing is ash, and there is a minuscule amount of ash produced from each firing. The other concern' s raised about the Supraner's application can only be viewed as worries rather than realities at this point. The Key West Neighborhood Association newsletter notes that other applications for class B permits have been discouraged within the neighborhood and that approval of this permit may set a dangerous precedent. It appears the BOS have taken that claim seriously by limiting the scope of the Supraner's practice should the Class B permit be granted. Some neighbors are concerned about traffic and the potential for undesirables entering the neighborhood. Traffic problems associated with the three open houses planned by the Supraner's are yet to be determined. It seems like hysteria to us that dangerous people will be lured into the neighborhood by a potter's open house. What is most distressing to us is the divisiveness that this matter has created in the neighborhood. In order to be fair to the Supraner' s and address the concerns expressed by the larger community we would recommend to the BOS that the Class B permit be granted on a provisional basis to determine the impact of the business on the community. We do not know the Supraner's or have an interest in their business. Still, it is our belief that the Supraner's will conduct their business in a manner that will be unnoticed by even the most observant members of our community. Sincerely, Emily J. Hauenstein Steven L. Darling cc: 'The Hawksbill'Pottery 395 Key VFest Drive (804) 296-5333 Charlottesville, VA 22911 2 t/Jut/99 To Whom: it may concern I support the request ofMr. Supraner for a class B permit that will allow him to employ two assistants to help make pottery and to host several public exhibits and sales at his. house eacti year. Two sorts of objections have been raised to his request, The increase in traffic wi~jn Key West will be marginal and certainly no greater than. that generated by yard sales lot occasional parades. Lower levels of traffic could have been maintained by preventing further construction in Key West or by restricting residents from offering day care services for children. All of these restrictions would have impoverished us. The second argument, that of setting an unfortunate precedent is certainly a valid concern.. However, we have the authority and responsibility to address each petition on its merits. The positives far out weigh these objections. We have the opportunity, at no price to ourselves, to help a good neighbor. We can support a legitimate enterprise that will contribute to the economic vitality of the community as well as its tax base. Most rewarding, we can take pride in a creative artist working among us. Sincerely, 406 Key West Dr, ATTACHMENT ~ bare/toad in c'jfa~t c'R)est all rnZl/~. cTl)hen ~ was a goung woman we used to ride our boreas all through the woods, down ~to Charlottesville, and out to the ct31ue ~idga. 5~Ibarnarla Coun~ was a and open place w#h deep ~r~ts and wide grassb[ fi~lds. cl~daZt, ~ would not dare to take a barge out on the road. 5~ltbougb ~ still live on the same ~tm 5 knave as a girt, ~ know that the world has changed around me. ~ezterdag, a goung man called to tall rne that be wonted to kava a potterg studio ~ his home and that be was app~thgb~r a specialporto# to allow him to do that. c'fle said his name was cbcolt cYupraner and that ba h~ed not far f~orn rna, fitrtber up on cYfeg clVest cDrloe. cfla said that be wanted to be able to hire two apprentices to bdp birn t~ the shop and thal he was asking for three special dogs a gear in which customers could come ois# bkn ~ the studio and bug some of his pottartj. clOhen ~ was growing up. most avertJane worked at borne. ~our work and gour l~ were one back then, whether gou lived on o farm, orpracticad a trade, or ware tra~ed in o profession. el'be bus~nasa of l~ and its pleasures were all rolled into one. c3o 5 got to thinking, rnagba the world hash 't changed dl that muck. 9lagba some people dill work at borne where theg can be near their families and watch over their · children. ~Tagba soma people still know the satis~ctton ofworla~g with their hands and bringmg baau~t the world. · 5 asked rngsa/f, wbg shouldn't this Zloung rnan ba perre#ted to do what generations ofpeople have done b4ore and what woad a co e angbodg ,f he 21ou know, 9 couldn't tb, k of o, e good reason. c3o ~ decided that angone who is opposed to th~ is raising slot of f usa and bother over notbt~g. 52~ man is ant#led to/lea in his house as hap/eases, so long as be respects his neighbor ~dpogs taxes. ~t is for the rnamorg of what was c~feg ca)est, the freedom of rtding bareback and the quid coot of dappled shade. tbat ~ andarea this rather old fasbtoned idea that a man mob live and love and work all in one place w#bout causing angona anZt trouble. cl~onk gou for gour time. c3b~cerdg, 97urlel C. ~qc~Turdo Charlottesville, cTJc~ Board of Supervisors, t support the Class B permit request #Sp-99-32 for The Hawksbill Pottery.. I feel that under the conditions imposed by the Department of Planning and Community Development the change requested will not be a detriment to the eorranunity.. Jeffrey E. Meyers 106 Boilingbrook, Drive Key West Subdivision BOARD OF SUPERVISORS Mark Moody 103 Juniper Lane - Charlottesville, VA 22911 August 1, 1999 Board of Supervisors Office 401 Mclntire Rd. Charlottesville, VA 22902 Atm: Ella Carey, Clerk RE: SP-99-32 The Hawksbill Pottery Board of Supervisors: I am a new resident of Albemarle County, specifically the Key West subdivision. I have spoken with the petitioner of the Class B permit request #SP-99-32 The Hawksbill Pottery, Scott Supraher. I believe that the Supraner's home-based business will not impair or damage the quality of life in the Key West subdivision; in fact, it may enhance my neighborhood. I do not object to his request for a Class B permit for his business - The Hawksbill Pottery. My one and only concern about granting his permit request is the precedent that may be created by granting it. I am concerned that granting this permit request may affect the review process for future Class B permit requests. I do not want the approval of the request for SP-99-32 to make it easier or more acceptable for future Class B permits in the Key West subdivision. I believe that all Class B permits should be reviewed for their own merit independent of past decisions. My desire is for the Key West subdivision to remain residential. In my opinion, small home-based businesses are generally acceptable in residential settings; manufacturing and retail businesses are not. Sincerely, PlantaW 116 Blueberry Rd ~ Charlottesville, VA 22911 Phone 984-1124 July 30, 1999 RE: SP-99-32 The Hawksbill Pottery Board of Supervisors Office ATTN: Ella Carey, Clerk 401 Mclntire Road Charlottesville, VA 22902 Dear Members of the Board, I have lived in Key West since 1996. Neighbors sometimes hold yard sales and House and Garden Tours with no undue effects to the community. I think that the Supraners's yard is large enough to offer off-street perking for apprentices and visitors. Because they are artisans selling their crafts from home, I do not agree that Hawksbill Pottery would cause industrial blight to our subdivision. The Supraner's have done a lovely job of landscaping their front yard, to the joy of this gardener who walks by very often. I spoke to a member of the planning staff who assured me that the granting of SP 99-32 will NOT set a precedent for the future of our community. I therefore approve of this permit and urge the Board to grant it to the Supraners. Sincerely, Jill L. Mulligan cc: Mr. & Mrs. Supraner RD OF SUPERVISORS July 31, 1999 BOARD OF SUPERVISORS Board of Supervisors Office Attn: Ella Carey, Clerk 401 McIntire Rd. Charlottesville, VA 22902 RE: SP-99-32 The Hawksbill Pottery I support the Class B permit request #SP-99-32; and if not "for good," theu at least for a "test" year as a compromise. Sincerely, Carol Rees Parrish Rick A. Parfish ATTACHMENT F June 27,1999 Dear Planning Commissioner, I would like to inform you of my support for the Supraner request to gain a"zone B" permit and to utilize the entire basement of their home for their pottery business. i have visited the home and see no problem with honoring any of their requests, Both Scott and Vicki were very welcoming and informative. As a Key West resident of 30 years, ! can say with all honesty that they will be an asset to this neighborhood and community. The complaints and petitions that have been circulating are unfounded. Anyone taking the time to visit with the Supraner's and see the minimal requests being made could not possibly find fault with their cause. Joseph W. Reed, Jr. ATTACHMENT F Elizabeth A. Schupp 350 Key West Dr. Charlottes~,ille, VA 22911 (804) 979-3874 June 25, 1999 To: Charlottesvale Planning Commissioner Re: Item #91- Supraner zoning permit request Dear Sir: I would like to formally enter my full support for the Supraner request to obtain a "zone B' permit, and to extend the working space of their studio to the full 1613 square feet. I know Scott and Vicki both professionally' (as the Assistant Director of peabody School- where their son attends ) and personally (as friends and neighbors ). Scott and Vicki are such an asset to the Key West neighborhood. They are very. involved in the community; attending functions and joining the club and swim team. I was thrilled for them when they found their home here, as it is indeed an ideal set-up for them to continue their successful business. Scott and Vicki are cuffently operating out of the basement of their home and I drive by there several times during the d,~.'. I have still yet to see an~.' hint of unusual activity. The way the home is situated on the lot offers maximum privacy for their business. The driveway curves to the back of the home and is concealed from any neighbor's view by a privacy fence and mature pine trees. Having additional apprentices would not,. in any way, be an inconvenience or lmrdship on the neighborhood and in fact, it would be ~,imu~ly finpossible for anyone to notice as they drive by. Again, I offer my full support and would be willing to talk to you at any time to discuss this matter further ff necessary. Tlmnk you, RECEIVED jUL L~ I PL,~.~,iN'~NS AND COMMUNITY SEVELOPMENT ATTACHMENT F Elizabeth A. Schupp 350 Key West Dr. Ctu~rlottes'ville, V A 22911 (804) 979-3874 RECEIVED JUL 0 2 1999 pLANNING AND COMMUNITY DEVELOPMENT June 27, 1999 To: Hanning Commissioner Re: Item #91- Supraher Dear Sir, . On Sunday, two women approached my door with a petition to stop the Supraner's from obtaining their zoning request (which I sent my support of earlier this week). These women were carding a petition which originated from Mr. Lobo. I politely listened to their pitch and I was shocked and offended by the malicious propaganda the>' recited. E~,ident,ly, the' are under the false impression that the Supraner's request will lead to this nei~dhborhood becoming a strip mall. They told me that the Supraner's were opening up a store and that all ~kinds of traffic would be coming through daily, making this area unsafe for the children. I saw many signatures on the petition. I am stunned titat so man>' people blindly sign a document. The Sulyraner's sent out flyers on several occasions, in~iting the community to an open house in theft' home on June 19~' so that they could give a tour of their facility and answer any questions. Only four people showed up. I am quite sure that none of these four signed the petition, for signing that document is a ludicrous act. It would be just as simple to start a counter-petition in the Supraner's favor, but more simple still to disregard the present petition as it is so falsely presented to the residents of Key West. I am asking that you do not put unnecessary weight on the validity of the petition, or that you at least consider the false premises in which it was presented. Agairk I offer my support to the Supraher Family. Thank you, Eliza.beth Schupp ATTACHMENT F RECEIVED JUL 0 2 1999 PLANNING AND COMMUNITY DEVELOPMENT 102Wendover Lane Charlottesville, VA 22911 June 30, 1999 County of Albemarle Department of Planning And Community Development 401 Mclntire Road Charlottesville, VA 22902-4596 Dear Mr. Wade, We are writing to express our support of the special use permit which has been requested by Scott and Vicki Supraner of 346 Key West Dr., Charlottesville, VA. The Suprahers have applied for a Class B Home Occupation License which would allow them to work in their home pottery studio according to the following restrictions: 1. They may employ up to, but not exceeding, two apprentices to work during normal business hours (Monday-Friday, 9am-5pm). 2. They may utilize their entire basement area of 1614 sq.' for work and storage space. 3. They may hold up to three "Open Studio" shows per year. Each showing will be limited to a single day and will occur between the hours of 9am and 5pm. We believe that these requests are both fair and reasonable and will not adversely effect our community. People should be allowed to live and work in their homes provided their activities are not disruptive to their neighbors. We appreciate the Supraners' honest approach to their situation and approve of their request. Sincerely, ~ Greg and Jane Shaw 500 Explorers Road Charlottesville, VA 22911 31 July 1999 Board of Supervisors Office Atm: EHa Carey, Clerk 401 McIntire Road Charlottesville, VA 22911 Re: SP-99-32: The Hawksbill Pottery We are writing in support of the Class B permit request #SP-99-32. It is our understanding that the permit, if issued, will be quite specific in limiting the allowed uses of the property to those listed in the request. It is also our understanding that the granting of this request will not set a precedent for approval of future requests, but that each request will be judged on its own merits. We believe that the requested usage by Mr. and Mrs. Supraner of the property at 346 Key West Drive will be compatible with the Key West Co~unity. Bonnie L. Sheppard William T. Spurgin 414A Key West Drive Charlottesville,VA 22911 July 26 1999 Board of Supervisors Office Attn: Ella Carey, Clerk 401 Mclntire Road Charlottesville,VA 22902 The Board of Supervisors Re: SP-99-32 The Hawksbill Pottery We support the Class B permit request #SP-99-32.OUr reasons are as follows: The proposed activities under the permit seem tO us to be consistent with current, normal, day-to day movements in Key West, and their implementation would have no adverse impact on the community. We appreciate the straightforward and frank manner in which the Supraners have petitioned for and supported their request. We deplore the malicious and false rumors spread by those seeking to recruit opposition to this proposal,whereby wild speculation and misrepresentation threaten us with almost every horror short of nuclear catastrophe! We wish to disassociate ourselves entirely from their activities. We respectfully request that you consider this permit request in a fair and reasonable manner, and reach your decision accordingly. Audrey Webster Yours sincerely, .~ OARD OF SUPERVIS ORS From: " Subject: Reading bst fir August t I, 199~ Date: August 4, ~999 March I 0 (A), 1997 - Ms. Thomas April 2 I, 1999 - Ms. Thomas May 12, 1999 - Mr. Marshall May 19, 1999 - Mr. Perl<ins June 2, ~999 - Mr. Martin June 9, ~999 - Mr. Bowerman July 2 I, 1999 Ms. Humphris TJVenture Meetings (May 1, May 8, May 15, May 22, May 28, June 26 and October 2, t 997) - Ms. Thomas /ewc \ PM CROZET ARTS ~ ORAPT~ 82~;221 i P.02 August 27, 1999 Claucllus Croz~ Park PO Box 171 Cms~ Vs 22932 Albemarle County Board of Suprvisors 401 Mdntire Road Charlottesville 'Va 22901 Dear Board of Supervisor members: I would like to insIce a speeial r~quest on behalf of the board of directors of Claudius Crom Park. With the Parksid~ Village developm~nt plann~ on the adjacent property to the park, we would like for you to consider purchasin~ this land and inccztmrate that as an extension of Croz~t Park. With future ~o,,vth a part of the Cnz~ conununi!y ther~ will b~ a need for additional green space. What a great way to expand the park and pwvide gr~n space, all in a near centnl location to the rssldents of Crozet and Western Albemarle County. The members of Crozst Park Board ar~ not ~gainst growth in our oommunity, but would like to see the infrastructure in plac~ tint to handle ~rowth. Again, we ask that you give this land purelutes sorn~ s~ous thought and planning, before making a decision on aleroyal oF Parksid~ Village. W~ thank you for your at~nfion to this proposal. ~~'~~n,'~sid~m Claudius Crozet Park August 5, 1999 COUNTY OF ALBEMARLE Planning Commission 401 McIntire Road Charlottesville, VA 22902-4596 RE: SUB 99-148 Parkside Village Phase I & II Preliminary Plat At its August 4, 1999, meeting the Claudius Crozet Park Board voted not to support the proposed Parkside Village development based on the following concerns: 1. The proposal suggests an entrance be made from the development into Claudius Crozet Park. This entrance will become a thoroughfare into and out of the park, thereby threatening the safety of the many neighborhood children who walk or ride bicycles to and from the park. In addition, the park hosts many swim meets each summer. The proposed entrance magnifies the safety issue with so many children attending the events. Currently, the only entrance and exit is on Park Road. With an additional entrance and exit, more traffic will go through the park. 2. One major event, the Crozet Volunteer Fire Department's carnival, has been a community tradition for many years. This community event will likely die if the proposed development is built. Insurance regulations would not allow the firemen to host the fireworks--the central event of this long standing community celebration. Without the fireworks it is certain that community attendance will diminish to the extent that it will become financially impossible for the carnival to continue. It is an event that many people from throughout Crozet and the surrounding area look forward to each fourth of July. 3. Annually, the Claudius Crozet Park hosts two arts and crafts festivals that are the financial livelihood of the park. These festivals are highly ranked nationally: one in the top fifty in the country and the other in the top one hundred. Artists from many states, some as far away as California, exhibit at these festivals. So many people attend these events that overflow parking is required, and the park has been fortunate in being allowed to use the radio station property for overflow. That parking will not be available if the proposed development is approved. Without enough parking space there is no festival. These art festivals must occur each year for the park and the pool to stay fiscally solvent. Running a neighborhood pool and park which are not self-supporting requires a heavy influx of money. There are other park events that also use this overflow parking space. Planning Commission August 5, 1999 Page 2 4. Many functions held at the park cause noise, increased traffic, dust, and other irritants; however, these inconveniences are short-lived, and the neighbors of the park understand and accept them as such. The board's concern is that people moving into the proposed 50 plus houses of Parkside Village will not tolerate these functions and will lobby to have them discontinued. Too often this happens when new people of such large numbers move into or near established neighborhoods and work to change those neighborhoods. 5. Albemarle County has made a commitment to help Crozet, a designated growth area. This commitment is evidenced through sewer service, a police substation and a community center at the Meadows, and four schools. The county has also helped Crozet meet the needs of the community through the Mint Springs recreational area and Claudius Crozet Park. Baseball fields and soccer fields have been placed in the park, and a master plan for the park has been developed to include more playing fields and other recreational opportunities. The Ctaudius Crozet Park Board and the Albemarle County Parks and Recreation Department have worked well together in coordinating activities that have been well received by both young and old. 6. As an entity of the Crozet community which is designated as a growth area, the park needs to grow through land acquisition. If the county does not help in adding this needed land contiguous to the park, the community will rapidly outgrow the existing green space within the park. It is important to keep this green space where the community has already established it and to help it grow as the community grows; otherwise, there will be a need for several smaller parks with separate green spaces and playing fields--an overly expensive reality. With projected growth there is a high. probability that a new school will need to be constructed near the area of the park. With careful planning, the school could be built within the expanded park, thereby decreasing building costs in that the land will belong to the county and playing fields will already be in place. ~. As proposed, the only entrance and exit to the proposed development will be Hilltop Street. The street will have to be upgraded, a process that will cause irreversible damage to it and the surrounding streets and neighborhoods. The Claudius Crozet Park Board encourages and requests the Albemarle County Planning Commission to amend the comprehensive plan and to program the purchase of the proposed development site Eor expansion of the park and/or a part of a future school site. In furtherance of these actions, the park board requests that the Planning Commission stop or delay the development of Parkside Village until the county and its citizens have time to assess the Planning Commission August 5, 1999 Page 3 situation and construct roadways into and from the proposed development that will not necessitate the disfigurement and, most likely, the ruin of an old and well-established neighborhood. There is much land available in Albemarle County for people to build homes without devaluing the homes of others. 8. The Albemarle County Planning Commission faces a moral dilemma that is well stated by the eighteenth century German philosopher Immanuel Kant. Paraphrased it is as follows: would you will that all people throughout eternity act as you do in a particular circumstance or situation? In other words, would you wilt that at all times all proposed developments without separate access and egress be approved and given sanction to deface an existing neighborhood? Another way to look at this dilemma is to put yourselves in the positions of the residents of Hilltop Street and ask i~ you would like to happen to you what could happen to them. The Claudius Crozet Park Board thanks you for reading this letter and for giving deep consideration to the issues it raises. Yours truly g~ Emery F. Taylor, Jr., Secretary C!audius Crozet Park Board