1999-08-11August 11, 1999 (Regular Night Meeting)
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on August
11, 1999, at 7:00 p.m., Room 241, County Office Building, Mclntire Road, Charlottesville, Virginia.
PRESENT: Ms. Charlotte Y. Humphris, Mr. Forrest R. Marshall, Jr., Mr. Charles S. Martin, Mr.
Walter F. Perkins and Ms. Sally H. Thomas.
ABSENT: Mr. David P. Bowerman.
OFFICERS PRESENT: Assistant County Executive, Thomas Foley, Assistant County Attorney,
Greg Kamptner, and County Planner, V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 7:00 p.m., by the Chairman, Mr. Martin.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Other Matters Not Listed on the Agenda from the Public.
No one came forward.
Agenda Item No. 5. Agenda. Motion was offered by Ms. Humphris, seconded by Ms. Thomas
to accept Item 5.1 and to approve Item 5.2 on the Consent Agenda. Roll was called and the motion
carried by the following recorded vote:
AYES: Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
ABSENT: Mr. Bowerman.
Item No. 5.1. Copy of Planning Commission minutes for July 13, 1999, was received for
information.
Item No. 5.2. Authorize purchase of 56.7 acres from the Miller estate adjacent to Chris Greene
Lake.
The executive summary states that 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 foot 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 purchase would 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,
August 11, 1999 (Regular Night Meeting)
(Page 2)
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.
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.
By the above shown vote, the Board adopted the following resolution authorizing the
purchase of 56.7 acres adjacent to Chris Greene Lake and authorized the County Executive to sign
the required legal documents; and adopted the Resolution of Appropriation:
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 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 IT 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.
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.
WlTNESSETH:
That for and in consideration ofTEN 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. ·
GRANTOR:
THE ESTATE OF JULIA C. MILLER
By:
EUGENE T. MILLER, EXECUTOR
GRANTEE:
COUNTY OF ALBEMARLE, VIRGINIA
By:
ROBERT W. TUCKER, JR.
COUNTY EXECUTIVE
AGREEMENT FOR PURCHASE OF REAL ESTATE
THIS AGREEMENT made this __ day of ,1999, by and between EUGENE
August 11, 1999 (Regular Night Meeting)
(Page 3)
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
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 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.
August 11, 1999 (Regular Night Meeting)
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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
BUYER:
COUNTY OF ALBEMARLE, VIRGINIA
BY:
ROBERT W. TUCKER, JR.
COUNTY EXECUTIVE
Agenda Item No. 6. SP-99-29. Michie Tavern (Si_qn #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
individual craft shops in addition to the Country Store & to allow for more 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. Scottsville
Dist. (Advertised in the Daily Progress on July 26 and August 2, 1999.)
Mr. Cilimberg summarized the staff report relating to SP-99-29 which is a request for an
amendment to an existing special use permit to allow for the sale of handcrafted items in buildings other
than the Country Store and to remove the condition that one-half of the items sold be produced on-site.
The applicant also plans to extend the exhibition and demonstration component of the Michie Tavern from
the 18th Century Colonial Period through the Civil War Period. Presently there are 4,000 square feet of
area devoted to retail sales at Michie Tavern and with the craft shops, although some of them have not yet
been built, there could be an additional 2,700 feet of sales area added to the use. The potential area for
sales, along with the already approved area for crafts and demonstrations will intensify the use in this
location. An intensification of the use is proposed by the applicant as part of the marketing goal to capture
more of the tourism activity already in the County. He listed the favorable and unfavorable factors of the
request, and he pointed out that the character of the rural district could be changed by the intensification
of the commercial activities at Michie Tavern. He also noted that the increase of commercial activities is
not directly supportive of the agricultural activities in the County. Staff recommends removal of the
condition requiring 50 pement of the inventory value in the store to be handcrafted items and that 50
percent of the inventory value in the store be handcrafted in the craft shops on-site when they are finished.
Staff also recommends that the condition relating to the structures having an 18th Century appearance be
modified to include the 19th Century as well. However, staff does not recommend approval of the request
to extend the sales areas to the craft shops.
Mr. Ciiimberg said the Planning Commission, at its meeting on July 13, 1999, unanimously
recommended approval and allowed for sales in the craft shops, but restricted the sales to items
demonstrated in those craft shops. He noted that this is a change to condition #6 originally recommended
by staff.
There were no questions for Mr. Cilimberg, so Mr. Martin asked the applicant for comments.
Mr. Richard Carter, representing Michie Tavern, spoke to some of the aspects of the staff report.
He noted that Greg Macdonald, Executive Director of the Michie Tavern, is present, and he would like to
speak briefly after Mr. Carter's presentation. Mr. Carter then referred to the sentence in the staff report
which indicated that the purpose of these changes is to increase activity and draw more visitors to the site.
He said maybe this will happen, but it is not the primary reason for this request. During his presentation
he is going to distinguish Michie Tavern from other sites and other businesses.
Michie Tavern's mission is to educate persons about 18th Century life in this area. The lives of
the common people are focused on, as opposed to those of the elite. If Thomas Jefferson or James
Monroe were traveling, and they wanted to spend the night somewhere, they would not have stayed in a
tavern. They would have stayed in someone's home. However, the average person would have stayed in
a tavern. Michie Tavern not only provides meals for a flavor of the 18th Century, but it also provides
education with its exhibits and tours. The tours are free to Albemarle County residents and the local
schools. Most of the school children who come to Michie Tavern and take the educational tours don't eat
there, so tours for school children is not a money making proposition. He also noted that Michie Tavern
sends things out to the public schools to further educate the children about 18th Century life in Albemarle
County and Central Virginia, and it is hoped that these proposed changes will only enhance this mission.
The buildings for reflective trades will show how people made their living and by selling items in
these trade buildings, the people can take home items which they saw being made as a reminder of what
August 11, 1999 (Regular Night Meeting)
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they saw. Only items in particular trade buildings that were made or reproductions of what will be made in
that building will be sold. For instance, the basket weaving trade building will only be selling baskets, and
the only thing being sold in the blacksmith's building will be the blacksmith's products, and it will be the
same thing in the candle making building. The building removed from Route 20 South and brought to
Michie Tavern is the sole house and the educational hub of Michie Tavern, and books will be sold there. It
is not a situation where there will be a general store in each of these buildings. He reiterated that only
those items that are made or reproductions of such items will be sold in those buildings.
Mr. Carter said he understands that a site plan has to be approved before anything can be done,
but the special use permit already allows for the buildings to be built, subject to site plan approval. The
applicant is only asking for two things. First, he is asking that there not be a requirement for 50 percent of
the inventory in the trade buildings to be made on site. Mr. Carter noted that when this special use permit
was first issued in 1973, this may have been economically feasible, but it is not now. It is impossible to
make all of the items in the buildings that will be sold, although some of the items will be made there. He
added, though, that more than 50 percent of the items cannot be made on site. The reproductions are
now much better than they were in 1973. The sale of items in the trade buildings would allow for the
education of visitors by actually seeing the products made. After seeing the items made, they would have
the option of purchasing them on site as Opposed to going to the General Store to do so. He again
referred to the staff report where it states that this would be an intensification of sales activity. Any sale
tomorrow that is one more sale than today is an intensification of sales activity. This expansion represents
only 2,700 square feet, and it does not represent a massive intensification. The staff report also indicates
that the character of the rural district might be changed. This proposal is consistent with the use that is
already there, and the buildings to be put there are subject to site plan approval.
He next mentioned the concerns about increased traffic. Michie Tavern representatives have
appeared before this Board and gotten parking lot approval for the motor coaches. He remarked that
most of the large crews coming to the Michie Tavern come in motor coaches, and they park across the
road. He personally does not think that having three or four of these buildings for a total of 2,700 square
feet is going to cause a large increase in traffic production. He does not think there will be any effect on
the adjaCent areas. Monticello representatives were informed of this application before it was filed, and
there was no objection. He emphasized that this is only a modest change to a special use permit
originally issued in 1973. He would be happy to answer questions.
Mr. Greg Macdonald commented that the general concept of this plan has been on the table for
approximately 30 years, and Michie Tavern representatives have been trying to decide on a situation that
will better fit today's world. Michie Tavern can no longer afford to sell solely 18th Century handcrafted
items and make them available at reasonable prices, so the desire is to mix handcrafted items along with
accurately reproduced items at each one of these sites. He also mentioned that sales in each of these
individual trade buildings are desirable which is critical to making this project become a reality. The sole
house already in existence is a general structure which was reconstructed and finished in 1994, and it has
won three architectural preservation awards. The sole house will be the educational hub for the trade
buildings, and exhibits and 18th century trades will be highlighted with books for resale relating to these
trades. He said educational programs will be offered in this building, especially for the student tour
business. The other six structures will be small buildings devoted to specific 18th Century trades which
include blacksmithing, tinsmithing, woodworking, pottery making, candle making and glass blowing, and
there will be only one trade per building. All buildings will have exhibit space devoted to the trade, and
they will be staffed either by persons demonstrating the trade or staff persons discussing different trades.
His request is to allow guests to purchase craft items from the staff members in these buildings.
He next pointed out several reasons why it is felt that this is appropriate for the success of the
project. He added that sales of these types are heavily influenced by the interaction of the artisans, as
well as knowledgeable sales and staff members. He also feels sales will be lost by delaying the desire to
purchase an item, if people have to wait 30 minutes or longer to see all the trade buildings and then
proceed to the General Store before they are allowed to make a purchase. He added that because of the
terrain of the project, it is a difficult site for a variety of individuals such as handicapped people and
seniors. It is not very friendly to force them to go to another building to make purchases when they are
seeing the items in the trade buildings. The additional sales will make this project a reality, and it fits into
the theme of the marketing concept of the regional tourism council in the sense that this plan will prolong
the tourists' lengths of stay in the area.
Ms. Thomas inquired as to how many employees are planned for each of the craft houses. Mr.
Macdonald replied that there will be one or two staff persons in each building. Ms. Thomas next asked
how often will someone be present to actually be performing the trade. Mr. Macdonald answered that it
depends on the trade as well as how often someone can be found who is available. Ms. Thomas
wondered if sometimes there would be a trade person who would also act as the cashier. Mr. Macdonald
responded affirmatively. The buildings are very small. They are less than 1,000 square feet, and some of
them are only 500 square feet. It would normally be envisioned as a one person situation in each building.
Mr. Marshall stated that the situation will be similar to Jamestown. Mr. Macdonald said it is a
smaller version of Williamsburg's trade buildings. Ms. Thomas commented that usually in Williamsburg,
there is someone doing the different crafts, as well as someone handling the sales. She then wondered
why the Michie Tavern is not keeping just to the 18th Century theme. Mr. Macdonald replied that the
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(Page 6)
trades will be all 18th Century, but there will be a variety of buildings that go back as far as 1860. Most of
the buildings in the 18th Century, except for the very nice ones, were log constructed. Michie Tavern
officials do not want a log cabin village, because they will not fit the site as nicely as a series of buildings
from the 1780s to 1865. He noted that in the 1970's the special use permit only required the Michie
Tavern buildings to resemble 18th Century structures, and they did not require them to reconstruct original
structures. However, all of the trade buildings will be original structures.
Mr. Perkins inquired if cash registers will be at each building location. Mr. Macdonald answered
that he does not think there will be any cash registers used. There will be cash drawers, since cash
registers would be very noticeable in such small buildings. Mr. Perkins wondered if visitors could be given
a slip of paper indicating they had made a purchase so they could pay in a central location. Mr.
Macdonald replied that this type of situation would be nice if it could be controlled, but the desire is to
handle the sales very discreetly.
At this time, Mr. Martin opened the public hearing for SP-99-29. No one came forward to speak,
so Mr. Martin closed the public hearing.
Mr. Marshall commented that this site is located in his district. He is in favor of the request
because it complements the tours people take to Monticello and Ash Lawn, and it can only be beneficial to
the County.
At this time, Mr. Marshall offered a motion, seconded by Ms. Humphris, to approve SP-99-29,
subject to the six conditions recommended by the Planning Commission. Roll was called, and the motion
carried by the following recorded vote:
AYES: Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
ABSENT: Mr. Bowerman.
(The conditions of approval are set out below:)
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 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 (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. Victoria Burton (Sign #77 & 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 sd of Airport Rd (Rt 649) behind the existing Deerwood Subd. (The Comprehensive Plan
designates this property as Neighborhood Density Residential (3-6 du/ac) in the Hollymead Community.)
Rivanna Dist. (Advertised in the Daily Progress on July 26 and August 2, 1999.)
Mr. Cilimberg described ZMA-99-07 which is a proposal to rezone approximately 24 acres of
property from RA to R-4, Residential, located on the south side of Airport Road behind the existing
Deerwood Subdivision. There are 59 lots currently in Deerwood with 47 houses, and access for the new
area would be through Deerwood to Airport Road. This area was recommended for industrial service in
the Comprehensive Plan but was changed to Neighborhood Residential use in the last Land Use Plan
revision in 1996. This change was due in part to recognition of prior plans to develop the area
residentially. He noted that an R-4 designation for the property would be consistent with the density range
recommended in the Comprehensive Plan, but he pointed out that some things have changed during prior
consideration of this rezoning in 1993.
First, plans for the upgrading of Airport Road are under review, and there is a public hearing on
this matter tomorrow night. The improvements include widening the road to four lanes, divided, with left
and right turns at the Deerwood intersection and crossover, so a better access with an improved Route
649 will be in place within a short period of time. Secondly, the May 1994 Airport Master Plan revised the
Noise Impact Area which used to encompass Deerwood, as well as the area in review. No portion of
Deerwood nor the review area is now in the Noise Impact Area. There is still potential for those residing
there to oppose modifications for expansions to the Airport activity, but at this point none of those areas
are within the Noise Impact Area. He then pointed out that there is still the lack of a second means of
access for both Deerwood and the new area, although the County can require the provision of access to
adjacent property during the subdivision review process. As the adjacent property develops, Deerwood
may be provided with a second access. He reiterated that provision for future access possibilities can be
required during the review of subdivision proposals. VDoT has recommended improvements to the roads
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(Page 7)
in Deerwood to serve the new development, and recently VDoT has taken the position that it can require
upgrade of existing subdivision streets as part of the road plan review and permitting process.
Staffs opinion is that the only unfavorable factor about this proposal is the lack of a second
access, and it would have to be achieved as the adjoining properties develop. The unfavorable factors
cited in prior review of this rezoning proposal 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. Staff is able to support this request for rezoning of the property.
Mr. Cilimberg said, at its meeting on July 13, 1999, the Planning Commission unanimously
recommended approval with the understanding that there would be one proffer provided which has been
done. This proffer allows for the provision of a sidewalk for pedestrians from the new development along
the existing Deerwood Drive to access Route 649 provided there is adequate right-of-way. This can be
handled during the subdivision review process.
Ms. Humphris inquired if the County Attorney's office has seen and approved the proffer
described by Mr. Cilimberg. Mr. Kamptner responded affirmatively.
Ms. Thomas asked if there is, in fact, adequate right-of-way for provision of the proffered sidewalk.
Mr. Cilimberg answered that this is not known yet, although it is anticipated that this will be determined
during the subdivision review process. Adjacent owners will be notified, and there is the potential that
those people who will have the sidewalk across their property might want to make comments at the
Planning Commission meeting.
Ms. Thomas commented that this is a strange proffer, since it is unknown if it will ever be in effect.
Mr. Cilimberg said it is a promissory that the proffer will take effect if the right-of-way is available. Road
design needs to be examined, and the upgrading of existing Deerwood Drive may be necessary during the
process of development because VDoT may require it. The sidewalk may very well be accommodated
during this process because there will be some reconstruction of the road.
Ms. Thomas mentioned the second point of access, and she wondered if the Board's approval
should require a connection to adjoining subdivisions when they are built so the residents will know about
the situation. She said, otherwise, there may be the problem of people saying they were told there was
going to be a road built in that area. Mr. Cilimberg answered that the appropriate time to require this
would be during the subdivison review process.
Mr. Martin pointed out that even when something is already planned, people still indicate that they
did not know anything about it. He inquired if there is anything that can be done to make the plan clearer.
He wants to do everything possible to let people know who may move there that a second entrance is
planned.
Mr. Cilimberg stated that in the past proffers have been made to include such things in deeds of
homes which are sold, although this applicant has not been approached about this. This was particularly
the case when there were major through roads, such as Ashwood Boulevard and Forest Lakes South.
The proffer provided then that with the lots along Ashwood Boulevard, indication would be given in the
deeds of the ultimate connection to Meadow Creek Parkway. Mr. Kamptner remarked that his office has
been trying to steer away from the practice of proffers which require language to be put in deeds. The
County Attorney's Office is trying to put notes on plats, etc., to inform the public and buyers that there will
be certain conditions of which they may not otherwise be aware.
Mr. Cilimberg called attention to the fact that in the existing Deerwood Subdivision, there are
actually three connections that were provided years ago for future development. He envisions with this
second section of Deerwood, that the same type of connections would be provided into future adjacent
areas.
There were no further questions for Mr. Cilimberg from Board members, so Mr. Martin asked if the
applicant would like to speak to this issue.
Mr. Earl Burton, part owner of this property, stated that he would like to speak to the Board
members' concerns. He mentioned that Lupine Lane, located in the old section shows a road which could
go through to Route 606. He has explained to the people who have bought houses in the area that this is
an easement for a road at some future date, and if a road was to be developed there, he does not believe
there will be a problem. As far as how the 23 acres for the new portion will be laid out, he said a plan was
submitted in 1993, and since then, it has been revisited. As of this time, he is uncertain how it will be
done, but he does want to develop the property. During the subdivision review process, all of these things
will be addressed.
There were no questions from Board members for Mr. Burton. Mr. Martin commented that the
Board members appreciate Mr. Burton's statement that he has told everyone along Lupine Lane about
the road situation. This is usually not the norm.
August 11, 1999 (Regular Night Meeting)
(Page 8)
Mr. Burton responded that everyone who would be affected at that particular location has been
told and shown where the road could go. Mr. Marshall asked how wide is the right-of-way. Mr. Burton
replied that he believes it is a 50-foot right-of-way.
At this time, Mr. Martin opened the public hearing for ZMA-99-07. No one came forward to speak,
so he closed the public hearing.
Mr. Perkins asked how close to this property will the proposed road be that is going to parallel
Route 29. Mr. Cilimberg said it would be in the area next to the new post office. Mr. Perkins commented
that it looks as though the road would only be a narrow parcel away. Mr. Cilimberg remarked that there is
a church between the property and the proposed road, and behind the church is some property owned by
Dr. Hurt. Dr. Hurt's property is now being considered for a Comprehensive Plan Amendment in order to
include a fair amount of commercial development. There may be an opportunity on the eastern side to
make some type of connection in the future.
Mr. Martin stated that he would recommend approval of this request with the proffer.
Ms. Humphris offered motion to approve ZMA-99-07 as proffered. She also commented that it is
a fine thing Mr. Burton has done to notify those neighbors who might be affected in the future. The lesson
this Board has learned many times over is that if it is not in writing, when people are told something is
going to happen, they have forgotten they were ever told. It makes it hard on this Board unless the
situation is in writing, and she suggested that Mr. Burton send the affected neighbors a letter. Mr.
Marshall seconded the motion.
Roll was called, and the motion carried by the following recorded vote:
AYES: Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
ABSENT: Mr. Bowerman.
PROFFER FORM
Date: ZMA# 99-07 Tax Map Parcel(s)# 32C-2
23.62 Acres to be rezoned from R-A to R-4
Pursuant to Section 33.3 of the Albemarle 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 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 Deerwood
Drive.
(Signed) Victoria H. Burton
Signature of All Owners
Victoria H. Burton 8-3-99
Printed Names of All Owners
Date
(Signed) Earl H. Burton
on behalf of other Burton heirs
8-3-99
Agenda Item No. 8. SP-99-32. The Hawksbill Pottery (Sign #91). PUBLIC HEARING to allow
home occupation for pottery making business in accord w/Sec [10.2.2.31] of the Zoning Ordinance which
allows for home occupations. TM 62B1, Block C, P 12 in the Key West Subdivision, contains 1.918 acs.
Znd RA. Located at 346 Key West Dr (St Rt 1445). Rivanna Dist. (Advertised in the Daily Progress on
July 26 and August 2, 1999.)
Mr. Cilimberg summarized the proposal for SP-99-32 which is to continue a pottery making
business with the addition of two employees in the basement of the applicant's home in the Key West
subdivision. The applicant is currently operating as a Home Occupation Class A without employees at the
location. The proposal is for two employees who would be apprentices and travel to the house each
weekday which would create an additional 20 trips per week. Deliveries to the house will take place in a
regular size van three to four times a year. There is also a current proposal for an open house which
would be for a single day up to three times a year, and crafts would be taken off site for sale at craft and
art shows by the applicant or sold at the three open houses. Regulations do not permit the total floor area
of the dwelling devoted to such occupation to exceed 25 percent 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.
The applicant is proposing to use his entire basement which is an increase equal to 50 percent of the
dwelling, and is an area equal to the dwelling's living areas.
August 11, 1999 (Regular Night Meeting)
(Page 9)
Staff has described factors both favorable and unfavorable to the requests including the fact that
there will be no unusual noise or smell associated with the use. The use will not generate traffic
significantly greater than would normally be anticipated in a residential neighborhood except during the
times of the open houses. As an unfavorable condition, it was noted that the traffic associated with the
open houses three times a year would be greater than normally anticipated in a residential neighborhood
on a regular basis. However, it would not be dissimilar to traffic typically associated with yard sales. The
staff recommended approval of the request with seven conditions.
Mr. Cilimberg said the Planning Commission, at its meeting on July 13, 1999, by a vote of three to
three, forwarded the petition to the Board with no recommendation. An eighth condition was added at the
Commission's meting which had to do with the retail sales aspect only occurring at the house during the
open houses.
He then pointed out a couple of suggested modifications within the conditions should the
Supervisors choose to approve this application. First, in condition #5, there was no number indicated for
the indoor electric kilns. The applicant has and will currently have up to four electric kilns, so Mr.
Cilimberg suggested this number be included as part of the allowed equipment, if they choose to approve
this application. There is other equipment that exists and will continue to exist as part of the operation,
and he can provide this information should Board members want to include that as well. There was also
some modification by the Commission in condition #6 regarding signs, and that language was part of the
Commissioners' recommendation that was acted upon with the three to three vote.
The staff had suggested recently in a memo from Juandiego Wade that condition #7 be clarified to
be more specific as to what will be reviewed in the Certified Engineer's Report. He called attention to the
memo from Mr. Wade of August 6, 1999 (copy on file) which clarifies the condition, and he read this
information to the Board.
There were no questions from Board members for Mr. Cilimberg, so Mr. Martin asked if the
applicant would like to speak to this matter.
Mr. Scott Supraner, the applicant for SP-99-32, asked if Board members had received the
information he had sent them. Board members responded affirmatively.
Mr. Supraner said he hoped to respond to the issues, but he has a lot of things to cover. He has
talked to the people in the Key West neighborhood and one of the questions he has been asked is why did
he move to Key West. He thinks it is important for people to understand that he moved to Key West for all
of the same reasons every other resident moved there. He wanted to have a nice home for his family, but
part of his family's requirements is that he have adequate studio space for his work. Without a studio and
without work, he cannot afford a home for his family. He exhausted all avenues when he was looking for a
home and studio, and the property in Key West seemed to be the best solution at the time. When he and
his family first decided to move to Charlottesville, it was primarily motivated by his son, Adam's, need for a
quality education. They were having some dissatisfaction with the schools available to them in the Valley,
and when they came to this area there seemed to be many more options open, which were more
preferable to his family. At first they decided to look for rural property, and they looked in Scottsville,
Ruckersville and even in Waynesboro. They had already located a school for Adam which was in
downtown Charlottesville, and they were commuting from Harrisonburg every day to take Adam to school.
They were used to long trips but when they realized they would be commuting one half hour each way to
school twice a day, the idea of moving into the County didn't seem feasible. Neither had they found
property that suited their needs. It was at this point they decided to look in the City of Charlottesville for
property, and they looked in Belmont, Woolen Mills, Frys Springs, Greenbrier and a number of other
locations. However, they didn't find anything, so they thought perhaps they might try to get a small house
and rent a commercial space in town. They looked into a lot of commercial spaces in town and
discovered that the rent for commercial space in Charlottesville is astronomical. There was no way they
could rent a commercial space and have enough money to pay a mortgage. It was at this point they
decided the only thing for them to do was to find a single property that met all of their needs which would
be located as close to downtown as possible. After extensive searching, they found the property in Key
West which seemed ideal. The downstairs area of the house is unfinished, which is very important,
because he didn't want to tear out improvements other people had made to the property. It was private,
and the driveway circled down to a lower level and was completely invisible from the street. There is a
row of pine trees on one side which completely obscures the view from one neighbor, and on the other
side there is a great distance between his and the neighbor's house with trees and gardens between
them. They researched the zoning on the property and found it to be rural. He noted that with home
occupations the person acquires a Class A permit by ownership and then the person can apply for a Class
B permit. This is true of every rural and residential zoning classification in the County, and there is no
distinction between what exists in Key West and other areas of the County. He commented that this is a
really important point.
There are opposition letters which state that there are communities in Albemarle County
specifically zoned for those who choose to work at home, but that is not true. He noted that others state
that certain zoning classifications are more appropriate suggesting that wide open rural space is the only
suitable place for artists to live and work. The ordinances do not support this interpretation, and they are
uniform throughout all the rural and residential zonings. Planning staff members have mentioned to him
that their recommendation for approval of this application was not dependent on the R-A zoning and that
August 11, 1999 (Regular Night Meeting)
(Page 10)
more than likely they would have made the exact same assessment on his request whether he was zoned
RA or any of the other residential zonings. He also pointed out that there are currently 26 Class B permits
which have been approved in residentially zoned neighborhoods in the last 20 years throughout the entire
County. This addresses another issue, which is that some people feel Key West has been zoned RA
inappropriately, and they believe that being zoned RA makes Key West more vulnerable to Class B
licenses. He emphasized that this is not why his application was endorsed by the Planning Department.
When staff members make their recommendations, they consider how a request will impact its community
and whether it will conform to the neighborhood activities as they currently exist. These are the terms Mr.
Cilimberg has already mentioned which have been under discussion.
There are questions about whether he can have two employees; whether he can use his entire
basement, which is 1,614 square feet; and whether he can have three one day open houses annually.
Issues raised by community members have included traffic, parking, the presence of strangers in the
neighborhood and the general appropriateness of his work at home. Some have said Key West is a totally
residential community, but his research doesn't confirm this opinion. His research performed at the
County Zoning Department revealed that in the past 20 years, a total of 41 home occupation licenses
have been issued in Key West, and at least 33 of those are held by current residents of Key West. While
there have not been any Class B permits issued, there have been plenty of Class B activities in the form of
nursery programs, day care operations, lawn equipment repair and sales, etc., and all of these require
special permits granted from the County. There have been employees who have visited Key West home
businesses on a daily basis, whether they were declared as independent contractors or otherwise. There
have been sales of merchandise, whether they have been advertised as yard sales or for sale by owner.
The truth is there is a lot of home occupation activity in Key West, and the community continues to fare
well. Some have distinguished his studio as different from these activities, and they say it is commercial
or industrial. Some have referred to it as a factory, but this is very far from the truth.
Mr. Supraner said to help make a distinction, he contacted the Williamsburg Pottery Factory so he
could make a comparison between that facility and his own. He commented that he spoke to Eric, who is
the shop foreman, and he gave him the following information: Williamsburg Pottery factory operates in a
building that measures 60 by 400 feet which is a total of 24,000 square feet, and he is requesting a total of
1,600. Williamsburg Pottery Factory has a gas kiln which measures 25 feet by five feet by eight feet
totalling 1,000 cubic square feet, and his total firing capacity is 38 cubic feet. Williamsburg Pottery Factory
fires two loads weekly of 1,500 to 2,500 pieces each which is equivalent to 3,000 to 5,000 pieces a week,
and he produces 3,000 to 4,000 pieces a year. They have 25 to 35 people working for them, and he
would like to have two. He then read a quote from a letter indicating that the Hawksbill Pottery is a
business established for profit. He argued that all home businesses are established for profit. This is the
nature of them whether they are Class A or Class B and whether or not they are struggling. He does not
have any romantic notions about not being required to work for a living.
There were no questions from Board members, so Mr. Martin opened the public hearing on SP-
99-32. He noted that he has a list of 15 people who have signed up to speak. He will call five names at a
time, and those five individuals should come forward. Each speaker is allotted three minutes, and this will
be enforced. He explained that each speaker is granted one appearance, and neither debate nor
applause is allowed. He then called the first five speakers.
Mr. Leonard Lohman stated that he lives at 103 Wendover Lane in Key West, and he is also the
elected Vice President of the Board of Directors of the Key West Association. The Executive Committee
of the Association met on two occasions to discuss the Class B application and to determine if there was
any action or opinions it may wish to render. At the first meeting in early June, Mr. Supraner was invited
to discuss his application with the Board of Directors. During this meeting he indicated his desire to
basically change his business from a Class A to a Class B, and he informed the Committee that he
wanted to hire apprentices to teach his trade. Mr. Supraner wanted open houses and expected very little
traffic, such as three to five visitors on any given day. Mr. Supraner implied that his small business would
remain small and that most of his pottery would be sold on the road or at fairs. Mr. Supraner said he
expected very little in sales from his residence in the Key West area. He reported that Mr. Supraner said
if the amount of square feet was a problem, he could easily get around the square footage requirement for
a Class B permit by simply subdividing his current space into smaller rooms and using the larger ones for
his activity and storing items in the smaller ones. Mr. Supraner seemed warm, accommodating and willing
to make concessions, as well as honest in this attempt. As a result, the Committee voted to take a neutral
stand and allow the residents to voice their own opinions. However, Mr. Supraner made the following
summary statement at the July 13,1999 Planning Commission meeting, and Mr. Lohman quoted from the
minutes of this meeting that, "He spoke before the Key West Homeowners Association and was told that
they were afraid of the Class B. They told him that he could operate his business as desired provided he
would not go before the County and request the Class B." Mr. Lohman commented that the Association
did not state this at all. In fact, all the members present agreed unanimously not to take a position based
on Mr. Supraner's first presentation. Mr. Lohman stated that because of the misrepresentation at the
Planning Commission meeting, the Executive Committee decided to review in greater depth his
application. The Committee noted that Mr. Supraner's comments to the Committee initially painted a
picture considerably different from what his application actually stated. The idea of operating five kilns, as
mentioned in the application, led members of the Committee to believe that perhaps this was really a
manufacturing business and not necessarily an artist's venture. Because of these discoveries, the
Committee decided to oppose the application in favor of Key West's residential atmosphere that residents
are accustomed to having.
August 11, 1999 (Regular Night Meeting)
(Page 11)
Ms. Carol Bushey, a 26 year resident of Key West, stated that she is opposed to the granting of a
Class B business permit to anyone in Key West. She feels a Class B permit would be a detriment to the
strictly residential nature of this subdivision. She commented that Key West has a well deserved
reputation for being a quiet and safe neighborhood. It is a relatively small subdivision with a fairly stable
population where residents feel as though they know almost everyone. Neighbors have become lifelong
friends as they cheer their children on at swim meets or share pizza at the neighborhood swimming pool
on a summer evening. Key West has an annual Fourth of July parade complete with a fire engine, Uncle
Sam, and decorated cars and bikes. On Christmas Eve, the roads are ablaze with hundreds of
luminaries, and Memorial Day is celebrated with a neighborhood pizza party by the lake. The
homeowners close out the summer with an annual Labor Day picnic, and neighbors have joined together
to form a swim and tennis club, a garden club, a sewing club, as well as several others. The Homeowners
Association publishes a monthly newsletter and an annual directory. A substantial number of residents
walk, jog or bike together through the neighborhood daily. She emphasized that Key West is a residential
community. She noted that 40 years ago Key West was designed as a beautiful, quiet, safe place to live
and raise families, and it has succeeded beautifully. She asked that it be kept that way.
Ms. Kaki Pearson remarked that she lives at 353 Key West Drive, and she quoted from the
application for SP-99-32. "Many home aPplications already exist in Key West. Many with variances plus
Class B licenses." There are no Class B licenses in Key West. There is one special use permit for the
Key West Swim and Tennis Club. She lives with her husband, Ted, and two children who are eight and
nine years old, and her family is opposed to the Home Occupation Class B request. She recalled that she
also applied for a Class B permit in Key West approximately nine years ago for her small interior
plantscaping service business, then called the Plant Lady, where she maintains commercial and
residential indoor plants. In the past she had an employee who worked off site servicing these plants.
She withdrew her request because of her respect for a strong residential neighborhood that her family is
so happy to be a part of today. She remarked that what changed her mind nine years ago was that this
locality is first and foremost a planned urban residential neighborhood. Her family can walk and jog the
streets, people can push a stroller with one or two dogs on leashes, and her children can learn to ride a
bike on their street. Her house is close to others, and her business would do nothing to improve the
neighborhood. In fact, it could hinder it. She pointed out that there are no Class B permits in separate
and enclosed County residential areas such as Key West. She spent many hours in the Planning office
and counted almost 100 Class B requests from 1978 to 1998. Of those, six were in or very close to a
planned residential community, and all six withdrew their requests. She asked how this pottery factory
could be kept out of the neighborhood, if her Plant Lady business or other businesses had been approved.
At the July 13, 1999 Planning Commission meeting, a Commission member asked if a request for
additional square footage had ever been granted before this one. The staff member indicated that there
had been other such requests approved, and this was not the first. As a result, it would not set a
precedent, because this had already been done. There was no question as to whether these businesses
were located in a neighborhood, but only whether or not it had been done before. She emphasized that
once a Class B permit enters the Key West neighborhood, it will pave the way for others. It is setting a
precedent and the possibility of other businesses making the same request. The County says it does not
have the time nor the personnel to monitor Class B permits. Someone could spoil it for all and bad news
is hard to forget.
Ms. Ina Kuzman, a 25 year resident of Key West, commented that on June 24, 1999, a grass
roots movement started a petition opposing the granting of this Class B business license. Her family
moved here from the northeast and has seen how commercial creep causes residential flight at an ever
increasing rate and changes neighborhoods forever. She thought this could never happen here, because
Key West was a single family residential subdivision zoned R-1. However, in the late 1970s, Key West
was accidentally downzoned from R-1 to R-4 without action, input or knowledge of the Key West
residents. The applicant specifically mentioned to the Planning Commission that he sought out R-4 zoning
when he moved here. However, she pointed out that Key West is not rural. It is a densely populated
subdivision and many of the lots range only from one-half to one acre. She asked how a manufacturing
operation with the production capabilities of the Hawksbill Pottery could fit into the Key West Subdivision.
She also pointed out that Mr. Supraner's application lists five kilns, two potter's wheels, five tables and
eight shelving units plus one pug mill and one extruder. She quoted from comments of a Commissioner at
the Planning Commission meeting that, "We have a neighborhood in a relatively tightly packed area.""..
The Commission would be starting down a slippery slope if we start permitting Class B home occupation
permits in neighborhoods of this kind." These are her sentiments exactly, and she asked the Supervisors
to vote no to the establishment of a pottery manufacturing business in this lovely subdivision.
Ms. Diane Ritter informed Board members that she and her husband have owned their home in
Key West since 1978, and she is very concerned about the size of the business indicated in the Hawksbill
Pottery special use permit. She mentioned the request to use 1,614 square feet of the residence to
operate four kilns for the production of the pottery. She noted that there are five kilns shown on the
applicant's plat. This request exceeds the Albemarle County Code dramatically, because the Code allows
25 percent of the residence or 1,500 square feet, whichever is less, to be used for business purposes.
According to the most recent staff report, 1,614 square feet constitutes an increase equal to 50 percent of
the residence. This large amount of square footage changes the usage of the home markedly from being
a typically residential use to a much more commercial venture. A waiver of the 25 percent regulation
would not be consistent with surrounding uses in the neighborhood. If it had been anticipated an
expansion of Hawksbill Pottery would occur in such a short period of time after moving to the Key West
neighborhood, a location where a manufacturing business would have been acceptable should have been
August 11, 1999 (Regular Night Meeting)
(Page 12)
chosen instead. This is a self imposed problem. Residents of the neighborhood have trusted that if the
home occupation outgrew the Class A permit, the business would move to an appropriate commercial
zone. It would not be fair to the other residents to grant this special privilege to conduct this large a
business in a subdivision. It does not serve the public interest to grant a Class B business license in this
beautiful residential neighborhood, and she respectfully asked that the Board of Supervisors deny the
request to waive the 25 percent regulation as well as the special use permit.
Dr. Monica Lobo, a 27 year resident of Key West, indicated that she is presently one of the next
door neighbors to the Hawksbill Pottery. She brought three pieces of the pottery to the meeting so Board
members could see how many pots would have to be made to affect the applicant's livelihood.
Sometimes a visual ability to see what is happening will give people an idea of the nature of the business.
The three pots to which she referred came from the Hawksbill Pottery and were bought this year at the
Crozet Fair. She reported that one pot was $12.00, one was $19.50 and the third was $35.00. To make
an adequate income for a family and have two employees at a minimum wage of $10,000 a person, a lot
of these pots would have to be sold. The pots are not valuable pieces of art that would sell for $3,000 or
$4,000. This business would not be a bad idea for a residential area if the pieces were $2,000 a piece, of
artistic design and one of a kind. She is a big patron of the arts, as well as the artists in town, and she
likes art and design, and she favors artistic creativity. She would like for this pottery business to occur,
except she would like to separate it. She would like for the creative design, etc., to happen in the house,
but the manufacturing of the pieces should be done outside of the home. If an average profit of $50,000 a
year is made on one of these pots, 10,000 pots per year would have to be made. It would take 6,000 or
7,000 pieces of pottery to be made per year for an average profit even if all three pots are considered.
This is a lot of pottery coming from a little house in Key West. She reiterated that she lives next door, and
she cannot imagine all of this pottery being made in one house. The business cannot be compared to
Williamsburg, because it is an average pottery business, but it is still too much business in a residential
neighborhood. Because of the volume and retail, it is probably a good idea for this business to go into a
commercial zone. She mentioned that she went to a shop located on Barracks Road, and there were at
least 15 pots similar to these for sale at retail at little markup. The only difference was that there were
different colors involved. She emphasized that this is not a one of a kind pottery business, and she does
not believe the place for mass production is Key West.
Mr. Tom Walsh remarked that he lives at 404 Key West Drive, and he would like to talk about
potential traffic involved with this special use permit, particularly during open houses. On July 13, 1999,
the applicant estimated that approximately 60 people would be at each open house. With normal traffic,
60 people in a day means about 14 to 19 cars expected, and he wondered where they will park. He
referred to the staff report where VDoT indicated that all open house traffic should be accommodated with
off street parking, and staff confirmed this. He has examined parking at this site, and found it to be
inadequate. A maximum of five to six cars can be squeezed into the parking area next to the house, but
the driveway is too narrow for cars to park, since there are trees on one side and landscaping on the
other. If the owners and employees take up a few of these spaces, it means at least a dozen cars can be
expected to be parked on the street during every open house. He then referred to a map showing Key
West Drive which is the main conduit of traffic into the neighborhood. Key West Drive comes down a long
straight path and then passes a hairpin curve, and he pointed out the location of the Hawksbill Pottery,
which is right beyond the curve. He has a Polaroid of the curve, which indicates there is minimal visibility
there. The curve is aggravated on one side with a knoll and dense vegetation, and the pottery location is
actually on the left side on landscape that drops down. When a lot of traffic gets on this street, it gets
clogged. He then showed a picture of the street with about a dozen cars parked there. Even a little
parking on an already narrow curve reduces the width of a lane to the point where two cars cannot safely
pass. It has been said an open house is similar to a yard sale. There are some places where it is so
dangerous, even a yard sale shouldn't be held there, and this is one of them. He noted that one child has
already been hit by a car at this spot which resulted in the placement of a 15 mile an hour speed sign. He
asked the Supervisors to please deny this request and not add an increased danger at this location by
approving a Class B business license.
Ms. Pat Keats, a 20 year resident of 421 Key West Drive, said she has served on the Rivanna
River Task Force by appointment of the Thomas Jefferson Planning Commission. Her property is directly
on the Rivanna River, as is the property in question. Her biggest concern is about behavior and activity of
business in the Key West community. This Board has been brought specific concerns about this particular
pottery at this particular location. It is good to hear that Key West is so welcoming of Class A permits.
She was unaware there were 31 such home occupations there, and she noted that she is one of them.
She said individual rights have been referred to in this process, but this is the time for communal rights. A
democratic two-thirds majority of the entire neighborhood has spoken with petitions and letters, and they
do not want a Class B home occupation allowed in Key West. She referred to a map made Sunday, July
28, 1999 showing opposition to the application. She explained that many e-mails from both sides did not
get into the permanent records so they are not represented. However, the red area on the map
represents those people who oppose this application in writing who are included in the County's
permanent record. She then asked people present who were in opposition to the application to stand
(almost the entire group of people stood). There is no reassuring the residents that a precedent will not be
set if this application is granted. She asked that neither the extreme variance nor a Class B Home
Occupation business permit be granted.
Dr. Robert Lindsay, a resident of 107 Wildflower Drive in Key West, referred to Mr. Supraner's
comments about looking long and hard for a place to live. He believes he probably looked at least as long
August 11, 1999 (Regular Night Meeting)
(Page 13)
and hard as Mr. Supraner. When he found Key West, the thing he liked most about it was the sense of
camaraderie and closeness of the people there, as well as the completely residential character of the
neighborhood. He is sorely afraid that if a Class B license is granted in this case, a precedent will be set
that can never be undone. There is no question that it will change the character of the neighborhood, and
although he is sure an answer will come that it is only a small change, small changes usually bring big
changes. He thinks the neighborhood would be changed, and he hopes it doesn't happen. As President
of the Key West Association, he is happy to see so many people present to share their concerns. He then
asked the Board of Supervisors not to approve the change to a Class B business license.
Mr. Jack Andrews, former President of the Key West/Cedar Hills Neighborhood Association,
commented that he has two facts he would like to present, followed by a request. First, he said zoning is
used by municipalities to establish a logical, orderly community and in so doing the zoning organization
gives serious thought to the orderliness and regulations included in its Code. In turn, the people moving
into any given area make themselves aware of the Code so they know what they must expect and what
others have a right to expect. If they do not agree with these requirements, they may settle elsewhere.
The people who make their homes in a certain area do so for many reasons, one of which is that they are
comfortable with the Code. Therefore, when the Code is changed the protective standards are, in their
opinion, changed to a lesser standard, and there are understandably serious concerns. Secondly, he
noted that in the information he has received, there has been only one variance permitted in Key West
which was for the community swimming pool. The serious concerns to which he referred take many
forms, but one he finds troublesome is that it creates a precedent which will always be there in the future
and establishes a legal bench mark for future petitioners to cite and request like treatment. He then
requested the Board of Supervisors to deny the request for a zoning change.
Ms. Elizabeth Schupp reported that she lives two doors from the Supraners, and although she
moved to Key West three years ago, it wasn't until January of this year when the Supraners moved there,
that her family experienced the meaning of a good neighbor. They are the only members of the commun-
ity who have invited them into their home, taken an interest in the activities of their children and extended
themselves in a truly friendly way. Key West is lucky to have such honest, conscientious and caring
people join the community. She is deeply disturbed by the petitions and letters being circulated almost
weekly during the past few months stating blatant exaggerations of the truth. It saddens her to live in a
community where so many people go out of their way to spread vicious lies and rumors about their
neighbors. The Supraners seek only to use an additional unfinished portion of their basement which will
absolutely not affect the appearance of their home and property. They wish to have two part-time
apprentices work in their home which will not raise traffic levels in the community, nor will the additional
cars be visible to people passing by the site. The desire to hold open houses two or three times per year
generates no more traffic nor parking dilemmas than the weekend yard sale or barbecue. She remarked
that a decision is not necessary as far as determining whether or not a pottery business can exist. She
said it can, and it does, and the Supraners' request will not change the familial integrity of the
neighborhood. She is truly at a loss as to why such a request could receive the opposition it has, and she
urged Board members to base their judgment and opinions on the facts and truths that the Supraners
have detailed in their report.
Mr. Joseph W. Reed, Jr., noted that he has lived in the Key West subdivision for almost 30 years,
and he is shocked at the misinterpretation of the truth so many of his neighbors possess. It seems
obvious to him that people should examine the facts of the slanderous propaganda floating around the
community. He has taken the time to get to know the Supraners, he has visited their shop, and he can
see no reason why a Class B permit should not be granted.
Dr. Richard W. Lindsay stated that he is a resident of 352 Key West Drive where he has been
happy to make his home since the early 1970s. He wrote the Board members with a number of ideas and
thoughts about the application before them. He raised his family in Key West, and he is proud of the fact
that two of his children are employees of the Albemarle County school system. He is present at this
meeting because he is concerned about the threat this application raises to the Key West neighborhood.
He would also like to make a comment about how a Class B license causes divisions and problems in a
neighborhood. It troubles him that it pits neighbor against neighbor, which he is opposed to doing. The
neighborhood has been very close and one that has been a great place to live, and he opposes the
application. He thinks government should be participatory, and that is why he is here this evening.
Mr. David Blaine remarked that he lives at 397 Key West Drive, and he bought his house there to
raise his family. He already has one child, and there are two more on the way. Regarding traffic, there
will be less traffic generated by the Supraners' business than is generated by a garage sale, as well as
fewer strangers. It will also cause less traffic than a swim meet which also brings in more strangers to the
neighborhood. It will cause less traffic than a large party such as the one thrown each year across the
street from his house. The Supraners are being courteous by informing the neighbors about what they are
going to do, and they are being honest. He emphasized that their open houses will bring fewer strangers
to the neighborhood than the events he just mentioned. He does not think the Superaners will do anything
harmful to the environment, as far as the equipment they will be using in their basement. He noted that
everything is below grade and out of sight, and they will not have huge chimneys coming out of the roof.
With regard to employees, Mr. Blaine said the two apprentices will not cause as many vehicles to be
parked outside of the house. He noted that some houses have multiple cars, Winnebagoes, trailers and
boats parked outside their houses, and he finds this far more offensive than a couple of vehicles parked
behind a retaining wall. The Supraners will not be generating any noise as opposed to parties and garage
August 11, 1999 (Regular Night Meeting)
(Page 14)
sales, etc. He then mentioned the proposed percentage of the house to be used for business. There are
other businesses in Key West, such as nurseries and day cares, etc. Someone may not be measuring the
square footage of their house, but neither is anyone measuring the square footage of their yard to see
how much of it is allotted to day care which is strewn with play equipment. His family moved to Key West
because it is a friendly neighborhood, and it is not a stringent neighborhood such as Glenmore where
residents cannot even have a vegetable garden without their neighbors involving themselves. It is an
older neighborhood that is actually now rejuvenating, and he likes to see the life that is coming into this
community. He supports the Supraners' application.
Ms. Jamie Darden, a resident of 344 Key West Drive, commented that she lives next door to the
Supraners. Her father had planned to speak in favor of this application, but due to an illness that took him
out-of-town, she is speaking for her family. She referred to a letter of June $0, 1999 that her father, John
H. Darden, wrote which encouraged everyone to look at the reasonable side of the situation and
encouraged Board members to consider the facts relating to the pottery business. She then mentioned
the apprentices working in the Supraners' basement and the fact that people had referred to the number
of strangers who would be coming into the neighborhood. She asked what is the difference between the
two apprentices and those who come into the neighborhood soliciting work and are hired to do yard work,
as well as contractors working on houses. She referred to the fact that all through the years there have
been horses on the property adjacent to their yard, and her family has never been familiar with the people
working with the horses, nor have they ever had a problem with them. They have trusted their neighbors
not to infringe upon the sense of safety residents have in Key West, and that is what people need to do
now. She next referred to the concern about increased traffic this business could produce. In talking to
the Supraners, they have indicated that no more than ten people will be visiting their sales area at one
time. There are plenty of other events in Key West which generate far more traffic than this business,
such as yard sales, parties and swim meets. As far as parking on the curb at the Supraners, it should not
be an issue. She mentioned that in addition to the parking area in their driveway, her large cul-de-sac
driveway will be available to them at any time, and it will hold a large volume of vehicles. Concerning
precedents set for other neighborhood businesses, residents should have faith in their government
officials that they will consider each application on a case by case basis which is the correct procedure for
officials to follow. Her family has lived in Key West for 16 years, and they have enjoyed living in such a
welcoming and friendly community. She wondered, though, how the neighborhood can continue priding
itself on this image when the Supraners are getting such treatment. She asked how the community can
put down a family who is attempting to make a living for themselves and their son by doing something for
which they have a passion. She can only hope some of the actions surrounding this situation will not
tarnish the reputation the Key West neighborhood has and turn people away from such a fine place to live.
Mr. Dick Bradley, a five year resident of Key West, said the legal system is based on the concept
of precedent, and Mr. Supraner involved precedent before the Planning Commission arguing his
entitlement to a Class B license. He added that Mr. Rooker, one of the Planning Commissioners, involved
precedent in voting against the license. Mr. Bradley noted that he has a law dictionary with him tonight,
and he read the definition of the word, "precedent." He quoted that precedent is, "An act that serves as an
example or justification for a later one. A decision considered as furnishing authority in a similar situation
afterwards. A practice which becomes compulsory and requires the force of law with respect to the
subject matter to which it relates." He emphasized that Key West residents oppose a Class B license
because they fear the legal precedent it will establish for future applicants. Clearly more than two-thirds of
all Key West residents do not want commercial enterprise cluttering up the narrow winding streets of their
only residential neighborhood. If there is any sense of justice among the Supervisors, this application will
be denied by a summary vote.
Mr. Robert Aldred remarked that he has lived at 100 Wendover Lane for over 21 years, and he
would like to echo a speaker's opinion earlier in the meeting that the Supraners are a fine addition to the
neighborhood. However, that is not the issue. The issue is whether or not to grant them a Class B
business permit which is totally inappropriate for the Key West residential neighborhood. He referred to
his July 26, 1999 letter to the Clerk of the Board of Supervisors where he thinks it would be detrimental to
the neighborhood in many ways. He added that traffic is one of them, and although lots of other things
generate traffic there, Key West activities which are open to the rest of the neighborhood can't be
compared to it. He hopes the Board will heed the other people who have voiced opposition to this request
and vote against the application.
Ms. Elizabeth Andersen indicated that she moved into the neighborhood this past January. She
bought a house on a corner, and people walk past her place, so she has slowly gotten to know a lot of
people in the r~eighborhood. One of the things which caught her interest when she first moved there was
that people informed her that she was going to love living there. She added that she joked with some of
them and told them she thought they had all been trained to make this remark. She is now concerned that
this could be truer than she had hoped. She then repeated some of her statements in her August 2, 1999
letter to the Board of Supervisors that there are some who believe that democracy means majority rules.
She said, though, the true mark of a democracy is how well it safeguards the rights of the minority. There
have been a number of voices clamoring to limit the rights of Vicki and Scott Supraner to earn their living
by the trade they have chosen. She mentioned the Supraners' three requests such as being able to use
their entire basement, holding three open houses per year and employing two paid apprentices which she
said may make the difference in the success or failure of this business. She wondered what it would say
about this society if complaints of those who have nothing to lose determines the outcome of the
Supraners' request. There are a great many home-based businesses in this neighborhood, with varying
August 11, 1999 (Regular Night Meeting)
(Page 15)
effects on their neighbors. She lives next door to a cabinet maker, and she hears his dust collector
through much of the day and often well into the evening. There are things going on in the neighborhood
that sound like production and have impacts on neighbors. Lawnmowers are used earlier in the morning
than neighbors might prefer. There are construction projects going on and people coming in and out of
the neighborhood to cut down trees or mow lawns who the residents don't know. These things are not as
much a problem as when unaffected individuals can limit the rights of others to conduct their lives as they
choose. It is hoped that members of the community will be considerate of the needs of others, and she
believes that the Supraners have made a good faith effort to do all of this in an above board fashion. They
have notified neighbors, and they have gone through legal channels. They probably could have easily
had the apprentices sneak in the back of the house, and no one would have known. She referred to
photographs included in the information given to Board members, and the way this house is arranged is
ideal for a home based business. There are three overhead doors that are completely invisible from the
road, and it would not be desirable to use the unfinished space in their basement for anything else,
because it is just raw space. People who have visited their pottery studio recognize this fact. It is not set
up as a factory, it isn't living space, and it isn't having an effect on the other part of the community. The
people who have spoken have not seen the work space.
Ms. Ingrid Lobo, a resident of 348 Key West Drive, stated that she has lived at this residence for
23 years, and she has gone to school here. She was gone all summer, and when she came home, she
found a letter in her mailbox about this situation from a neighbor. She was shocked at the controversy
going on in the neighborhood, and she went to her neighbor's house, but no one was home. However, it
made her feel good that she could still go to her neighbor's place after being gone for seven years. Now
she is 23 years old, and she is considering having children of her own some day. However, she does not
know if she would feel comfortable sending them next door to a pottery factory. Neither does she know if
she would feel comfortable sending them to knock at a door where she does not know the two
apprentices. Although she does not know any of the facts behind the application, she wonders why there
is even a question about it.
Mr. Martin inquired if anyone else would like to speak. Seeing no one else come forward, Mr.
Martin closed the public hearing. Mr. Supraner has five minutes to speak to the issues that were brought
up during the course of the public hearing.
Mr. Supraner remarked that many people have been in opposition to his pottery business. He
then addressed the group when he asked how many of the opposition had taken the time to come to his
studio to see where he works. Mr. Martin interrupted Mr. Supraner to tell him that he needed to address
the Board and not the audience. Mr. Supraner next asked the people to stand who have visited him in his
studio and spoken with him about his work. Mr. Martin told Mr. Supraner he is allowed to ask if there is
anyone else who supports his position. Otherwise, Mr. Supraner's comments must be directed to the
Board.
Mr. Supraner apologized and stated that he would like to address the issue of parking space.
There is a tremendous amount of parking space available at his house which was not indicated. There is
a strip 18 feet deep by 130 feet long bordering Key West Drive at the front of his property which could also
easily add an additional parking space for five to six vehicles. There is another area adjacent to this area
which is 50 feet by 35 feet of lawn space that could also house vehicles, so there is no need for vehicles
to be parked on the street. He mentioned that many houses in his area have vehicles parked on the
street. One house next door to him had six vehicles parked on the street and several in the driveway for a
party. There have been other occasions where investment clubs and political party organizations have
also parked on the street on the same dangerous curve previously mentioned. There was only one
incident, of which he is aware, where there was a problem with a boy on a bike and a motorist. At that
time VDoT changed the curve, cut down trees and put up a sign, and he has not heard of any incident
since then. Neither has he heard of any incidents prior to that time, so he thinks it is significant to consider
the frequency of occurrence of traffic problems there. The turn, in general, may require some caution, but
he does not know if it possesses the type of threat that has been represented here.
He next talked about the prevalence of cars in the neighborhood. He mentioned the members of
the House and Garden Club which is associated with the Key West Homeowners Association who told
him proudly that they raised $600 or $700 this year. He emphasized that they sold tickets for $5.00 each,
and when people bought two tickets, they got a free one. This means that 120 to 140 strangers were
coming into the neighborhood. He remarked that these tickets were sold at eight outlets throughout the
City, and it was advertised City-wide. Here are 120 to 140 people, not counting the free ticket holders,
coming through the neighborhood for two consecutive days for four hours each day. He wondered where
the public outcry was at that time. The inconsistency with which the community handles issues is of great
disturbance to him. He commented that if precedents are being considered, why not speak about
precedents existing in the County as a whole. Key West does not exist as an island, although the
residents there would prefer to think of it as such. It is part of a larger organization called Albemarle
County, and in Albemarle County, there have been 91 Class B home occupation permits issued in the last
20 years. He added that 26.have been in residential areas and 41 have been for artisan studios. This is a
significant fact. He does not like to argue precedents, because he trusts the Planning Department's
statement to him which is basically that permits are reviewed on a merit basis one by one.
Mr. Supraner next mentioned community support. The people in opposition would like for the
Supervisors to believe they are the only ones with a voice in Key West. It should be known that he
August 11, 1999 (Regular Night Meeting)
(Page 16)
received 31 letters of support and 93 signatures on a petition in favor of his proposal. In reference to Kaki
Pearson's application nine years ago, she got one letter of support and no signatures on a petition. He
remarked that this is a growing issue for the community, and it is not likely to go away.
At this time, Mr. Martin inquired if any Board members had questions for Mr. Supraner. There
were none.
Mr. Martin said he has been to Mr. Supraner's home, and he has also met with a group of people
who are in opposition to this proposal. When he went to Mr. Supraner's home, it actually eased his mind
immensely as to what he was trying to do there. The issue of public safety in terms of water is a non-
issue, because Mr. Supraner only used two buckets of water in which to wash his hands. Neither does he
see traffic as any tremendous problem. He does not think the two employees coming back and forth to
Mr. Supraner's house will generate an incredible amount of traffic in the community. He agreed with Mr.
Supraner that a precedent is not being set since each application coming before this Board is either
approved or denied on its own merits and the facts of the case at that time. He really does not see
anything so harsh in what Mr. Supraner is proposing. Although, that if the Board members favor this
request, he would hope they would limit the special use permit to one year so the rest of the community
would have a chance in a year to speak to this issue. He also hopes the Supervisors will remove the
three open houses per year from the proposal. He added that his computer shut down on Thursday, so
he hasn't been able to be in contact with anyone by e-mail.
Mr. Martin next referred to a long conversation he had about personal property rights and Mr.
Supraner's right to conduct his business on his property as long as he was not interfering with the
neighbors to a point that it was damaging the neighborhood. In his opinion, he does not think Mr.
Supraner will do that. Some other people talked about democracy, but this is not a democracy. It is a
republic. Public hearings are not a matter of just how many people are for something, and how many
people are opposed, and then Board members decide how they are going to vote. He is a firm believer
that a republic operates more so when the good of the County is being considered regardless of how it
affects an individual neighborhood. If this issue rose to the level where it was a Countywide issue, it would
be very easy for him to do what is in the best interest of the County regardless of what type of opposition
was there. He recalled that he made a lot of people angry when he supported the extension of Meadow
Creek Parkway, because he made this decision for the good of the County, over objections from people in
Key West. In his opinion, this is not one of those issues. It is an issue for a community, and it does not
affect anyone outside of the community. He does not think anything the Board members do on this
particular application sets any precedents in any other community, so it is just a community issue. Since it
is a community issue, and so many people are in opposition to it, he is not going to support the request.
However, other Board members can do as they please.
Ms. Humphris stated that she agrees with everything Mr. Martin has said. She said all members
of the public, as well as members of this Board know, that volumes of material were received on this
issue. She is sure all six of the Board members have read, studied and puzzled over all of it, and they
have had phone calls, e-mails and all types of communication. She was disappointed in the staff report,
because she does not agree with staff members on their positions on some of these issues. She thought
the most important thing was compliance with regulations in Section 5.0 of the County Ordinance which
provides for the size of the square footage and the total area. She was also concerned about exactly how
much product was going to be made which seemed to be more of a manufacturing situation than an
artist's studio. She decided this use was much too intense to be in the neighborhood, and it was not as
compatible as a Class A permit is for the neighborhood. The scale of production is simply all wrong,
although she thinks the Supraners are honest people of integrity. However, she feels this extension of
business should not be allowed, and she hopes the other Board members will support Mr. Martin's and
her position.
Ms. Thomas remarked that when as many people come to a meeting as came out tonight, they
deserve to have some discussion among Board members. She has read all of the information, and before
this meeting she was in a meeting with someone from a neighboring County. Ms. Thomas said she
showed this person the number of letters received and told her they were printed on both sides of the
page, and the lady couldn't believe the outflow of mail. Ms. Thomas noted that she has also recently read
articles about neighborhoods in other communities that protect their homes from what they regard as
undesirable developments, and she thinks this protective reflex is a very natural thing, although it
sometimes brings out the worst in neighborhoods as well as the best. The Board members are not
judging whether this applicant, his family and his employees are nice people, because it has no bearing.
However, she thinks some of the statements made have been made in a very understandable protective
reflex, and she hopes there will be some apologies and some healing after this meeting. There are
several relevant issues, and one is traffic, which is exactly what this Board is supposed to consider. She
finds the addition of two employees making no difference as far as traffic is concerned, because the man
and woman of the house are not leaving their home for their own jobs. The additional traffic for the open
houses is an impact on the neighborhood, and she thought the Chairman's suggestion of a limitation on
the open houses in the initial year of this project would be a relevant way to tackle the issue. She next
mentioned the issue of changing the character of the neighborhood. She does not live in the Key West
neighborhood, but she lives next door to a similar neighborhood, and she has weighed this question quite
seriously. She drove around Key West more than she has in recent years, and she doesn't think the
activity will change the character of this very pleasant, quiet, homey neighborhood. She pointed out that
the business doesn't produce smells, sounds or even sights that create a change. As far as effect on
August 11, 1999 (Regular Night Meeting)
(page 17)
adjacent properties, she has visited the site and the house, and she can see why the Supraners selected
it after an extensive search. The site is shielded on one side, and it is separated by space on the other.
She thinks it is consistent with a harmonious, convenient and attractive impact on a community which is
another thing this Board is supposed to consider. She takes very seriously the number of people who
have opposed it, as well as the Homeowners Association, but she thinks the fear of precedent is quite
misplaced and slightly insulting. She actually thinks once something of this sort is in a neighborhood, any
other such proposal there would find it even more difficult to get this Board's approval, because it would
have to be weighed against an additional impact as far as the impact this business is having on the
neighborhood. She thinks the precedent would work in the opposite direction, and she does not think this
is a "slippery slope." She thinks this home occupation would be an attractive addition to this community
and one that the residents would be proud of, just as they are proud of the artist in their midst and many of
the other activities taking place in the neighborhood. She is prepared to support this proposal, with a few
changes.
Mr. Marshall concurred with Ms. Thomas' statements. He remarked that there has been a lot said
here tonight, and he does not know how he can add anything to the comments made except to say that
this will not set a precedent. There are not many of these businesses throughout the County, and if it was
setting a precedent, he would not vote for it. it is a good, clean business, and he does not see how it can
affect the neighborhood. He emphasized that he would not mind living next door to it, so he will support
the proposal.
Mr. Perkins referred to Mr. Martin's remark about living in a republic. He thinks it is a democratic
republic. Mr. Perkins then mentioned bumper stickers indicating that if people will lead, the leaders will
follow, and he believes there is a lot of truth to that statement. He also visited the site, and he told the
applicant that he could not see anything visually that would cause problems. He has some concern about
the volume of production, if the information the Board has received tonight is correct about the thousands
of pieces being made. He agreed with Ms. Thomas that some work is needed on the conditions, and he
does not see that it would be beneficial to the applicant, but it would be detrimental to the neighborhood to
have the open houses. He said will support the application.
Mr. Martin referred to Mr. Perkins' and Ms. Thomas' suggestion of changes in the conditions. He
asked if Mr. Perkins is talking about more than eliminating the three open houses and putting a one year
limitation on the permit. Ms. Thomas answered, "yes." She then inquired if legally it is possible to put a
one year limitation on the permit. Mr. Kamptner replied affirmatively. The Planning Commission has
been recommending, on occasion, that this be done.
Ms. Thomas stated that she thinks the one year limitation makes sense, and it would give the
people who have not visited the site, and who have raised their concerns this evening, a year to find out
about the impact. She thinks the three open houses are a traditional part of pottery operations, and she
recalled a similar request from an Earlysville applicant. She wasn't surprised by this proposal, although
she thinks three open houses a year sounds slightly excessive. She would be willing to limit the open
houses to none or one for the first year.
Mr. Perkins wondered how such a limitation could be enforced. If a County official should see a
bunch of cars at the Supraners' house, they could indicate they were having a party instead of an open
house. Ms. Thomas responded that notices would have to be sent to the public for an open house. She
understands that an open house constitutes sending out invitations to people who have already purchased
pottery or put their names on a list at one of the craft shows. It would be obvious when an open house
was being held. She reiterated that she would be willing to support having no open houses this first year
because she thinks the impact of this much parking is one of the major concerns. The impact could be
postponed for a year without making it impossible for the family to survive on their production.
Mr. Marshall asked if Ms. Thomas is going to add another condition. Ms. Thomas replied
affirmatively. She would like to have some suggested language. Mr. Martin said condition #2 dealing with
the number of open houses, would need to be taken off the conditions. Ms. Thomas concurred. Mr.
Cilimberg stated that the second part of condition #6 needs to be removed. Ms. Thomas agreed that this
portion of condition #6 regarding temporary signs used to advertise the three open houses on the day of
the event should be struck.
Mr. Martin noted that in an effort to address concerns raised by residents concerning waste water,
the staff's revised language would have to be used for condition #7 stating that, "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." Ms. Thomas concurred that the language to which Mr. Martin referred should be
used for condition #7.
Mr. Cilimberg noted condition #8 which was recommended by the Planning Commission,
establishing that retail sales would only be permitted on the day of the open houses. This obviously won't
be possible if the open houses aren't allowed. Ms. Thomas suggested removing condition #8.
August 11, 1999 (Regular Night Meeting)
(Page 18)
Mr. Cilimberg next reminded the Board members that he had mentioned a limitation of up to four
electric kilns to be included in condition #5. Ms. Thomas agreed that condition #5 should read,
"Equipment associated with this use is restricted to four indoor, electric kilns."
Ms. Thomas referred to the changes in the conditions of approval and said this is her motion,
unless other Board members have other suggestions. She would read all of these changes again, if they
were unclear. Mr. Marshall said the changes were clear to him. Ms. Humphris asked about the language
of the one year review. Mr. Kamptner informed the Supervisors that this condition simply needs to state
that the permit shall be valid for one year. He explained that this will trigger the staff to work with the
applicant, as well as review the impacts that have been reported during the one year period. The
applicant will then have to amend the condition to extend the duration of the permit, if there are no
problems.
Ms. Thomas next described all of the conditions again. She then offered motion to approve SP-
99-32 subject to the conditions, as recommended by the Planning Commission, and amended by the
Board of Supervisors. Mr. Marshall seconded the motion.
Mr. Martin stated that he is unsure if this was a democratic republic meeting, but he was very
concerned several weeks ago at the level of animosity that was generated in the community. He cannot
think of any other issue of which he has been involved that generated quite so much animosity within one
group. Usually people who oppose something stand up and oppose it, and people in favor of the activity
keep quiet, so there is not a build up of animosity. The second wave of phone calls he received really
concerned him, and he hopes the community can heal. He also hopes that the one year validation for this
permit will give everybody here an opportunity to come back in a year if this business turns out to
resemble the concerns described by the people tonight versus how three of the Board members think it
will be. He said everybody will probably go home angry, and sometimes that is the best this Board can
do. He asked if there was any further discussion.
There was no response, so Mr. Martin asked the Clerk to call the roll. Roll was called, and the
motion carried by the following recorded vote:
AYES: Mr. Marshall, Mr. Perkins and Ms. Thomas.
NAYS: Ms. Humphris and Mr. Martin.
ABSENT: Mr. Bowerman.
(The conditions of approval are set out in full below:)
Not more than two (2) employees who are 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 control
regulations, including regulations for septic disposal of the Virginia Department of Health,
Environmental 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.
Agenda Item No. 9. Approval of Minutes: March 10(A), and TJ Venture meetings held 1997; April
21, May 12, May 19, June 2, June 9 and July 21, 1999.
Mr. Marshall said he has read the minutes of May 12, 1999, and to the best of his knowledge, they
are correct.
Mr. Perkins indicated that he had read the May 19, 1999 minutes, and he would like to make one
change relating to a motion he made, The minutes indicated that, "Mr. Perkins moved immediately" and
he thinks the word, "immediately," is inappropriate in this case. ..
Mr. Marshall made a motion to approve the May 12, and May 19, 1999 Board of Supervisors'
minutes with the appropriate change to the May 19, 1999 minutes. Ms. Thomas seconded the motion.
Roll was called, and the motion carried by the following recorded vote:
AYES: Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
ABSENT: Mr. David P. Bowerman.
August 11, 1999 (Regular Night Meeting)
(Page 19)
Agenda Item No. 10. Other Matters not Listed on the Agenda from the BOARD.
Mr. Perkins mentioned that there is a letter in the Board members' packet from the Claudius
Crozet Park Board concerning the development on Hilltop Street. He recalled discussing this matter
before, and there is some action he thinks would be appropriate for this Board and the Planning
Commission to take. He thinks the possible purchase of either part or all of this property should be
considered as an addition to the Claudius Crozet Park. He would also like for the Planning staff to start
examining the Routes 240/250 connector road. He then referred to the Land use Plan adopted in 1966
where it talks about infill and what the County can do to encourage infill. This road has been included
since the first Comprehensive Plan, and nothing has ever been done. It is a very difficult situation
because there are a number of landowners involved. The County needs to get involved and meet with the
landowners to see if something can be worked out to get the crossing across Lickinghole Creek. He said
legal guidance is necessary as far as whether or not the County could pay for the bridge and collect
money back as the property is developed. If the Routes 240/250 connector road can't be built, then this
area should be taken out of the Comprehensive Plan as a growth area. It can't be accessed from the
west, so it has to be accessed by another road. He emphasized that the County needs to follow its own
plan and take some action.
Mr. Cilimberg responded that a basic location has been established. He explained that the next
step which needs to be taken would be either through private development initiative or through inclusion of
this project in the CIP so plans can be developed and approved to start working with property owners. He
said further CIP monies would be necessary to actually fund building the road.
Mr. Martin suggested that a staff summary would be beneficial. The project could be put on the
agenda, and Board members could examine the information ahead of time and then make decisions. Mr.
Perkins agreed. Mr. Foley indicated that this matter is being considered for the Board of Supervisors' day
meeting in September.
Ms. Thomas remarked that County officials have been informing Crozet residents for a long time
that a more detailed plan would be developed. The residents worked hard on their own community plan.
Mr. Perkins said the County officials have done a lot of planning but now it is time to do more.
Ms. Thomas concurred that it is time to put some real money into the project, and more complete
work is needed. She added that this Board cannot react to every infill project by proposing to buy it and
turn it into a park, and infill projects cannot be put where there is no sufficient access. She said County
officials are running up against their own principles and are not prepared to act. She asked if she
understands correctly that there will be a discussion of this matter in September. Mr. Foley answered that
the Board members will get a comprehensive review of the area in September, so they can make some
decisions.
Ms. Humphris said this will at least give the Supervisors something to tell the media. She was
contacted today by someone from one of the newspapers, and the only thing she knew about the matter
came from a brief conversation held a week ago, as well as the report this morning on WINA relating to
the Planning Commission meeting. She tried to tell the reporter that nothing had been decided, but
reporters want to know everything. The fact that the project is going to be on the agenda in September is a
help. Mr. Martin stated that he told the reporter to which Ms. Humprhis referred approximately the same
thing she did. He said it was completely inappropriate for him to comment on something about which he
had just heard. Ms. Humphris remarked that the reporter thought the Crozet Park belonged to the County.
If this wasn't brought out in last night's Planning Commission meeting, she is surprised. Mr. Perkins
responded that it was mentioned at last night's Planning Commission meeting.
Mr. Perkins said he has been contacted by a number of people about the requirements for burning
permits for agricultural purposes, and the Farm Bureau has adopted a resolution. He added that he has
met with Carl Pumphrey and Mark Spicer and they are supposed to be checking with the County
Attorney's office as far as legalities are concerned. This has taken him by surprise because at first there
was no charge for permits. However, now there is a charge for burning permits for agricultural purposes.
He was shown the Code and the regulations from the Virginia Air Quality Control Board. In his opinion,
clearing land is certainly an agricultural function, and he thinks it should be exempt. Mr. Marshall
remarked that nobody is burning anything at this time. Mr. Perkins indicated that there is no burning ban
now. Mr. Marshall suggested that perhaps a burning ban should be in place now. Mr. Perkins said this is
the Governor's decision.
Ms. Humphris stated that she thought the County's system of fees was based on payment of the
cost of the activity. Mr. Perkins agreed that this is true for a lot of things. Ms. Humprhis noted that a fee
may be necessary if these sites have to be inspected, and it is a particularly large fire. Mr. Perkins pointed
out that the County's Comprehensive Plan indicates that the County encourages and promotes
agriculture. This cannot be done by imposing fees because it will force people out of business. A fee is
not charged for agricultural and forestal districts because they encourage and promote agriculture.
Ms. Thomas inquired about the amount of the fees for burning. Mr. Perkins replied that some are
$25, and it increases if certain things or certain sizes are involved. He said very often on a farm
something needs to be burned to get rid of it whether it is storm debris or cleaning up around the edges of
August 11, 1999 (Regular Night Meeting)
(Page 20)
fields. Trees encroach on the edges of fields, and the owner has to keep the area trimmed, and the debris
either has to be burned or piled up somewhere. Mr. Marshall pointed out that burying such things is not
allowed anymore. Mr. Foley stated that the staff is preparing some information for the Board members'
review on the regulations, as well the recovery of costs, so they can see both sides of the issue.
Mr. Perkins stated that the percentage of permits that can be attached to agriculture is very small.
Most of them involve contracting to have land cleared for housing or commercial development, etc.
Ms. Thomas reported that she went door to door on Morgantown Road, and something further will
have to be done as far as the closing of that end of the road. The Police Department has assured her that
extra effort will be put forth during the first week of school. The School Board's decision to cut down on
the number of school buses has led to such long routes, and Murray School has a lot of parents who have
chosen to drive their children to school, which has caused a lot of the traffic. The side effect of the budget
action the School Board took has impacted on this neighborhood.
Next, Ms. Thomas remarked that she and Ms. Humphris are taking a trip to Portland and Seattle
to inquire about their transportation, land use planning and transit related planning situations. She
explained that the Virginia Department of Rail and Public Transportation is organizing this trip so it is not
being paid for by Albemarle County. She suggested that if Board members or staff have questions to
which they would like answers, it would be good for her and Ms. Humphris to know about them before
they leave.
Ms. Thomas then noted that on August 30, 1999 the Governor's Commission on Transportation in
the Future is having a public hearing, and this involves a Task Force which has been urged to think
innovatively. The MPO is working on a statement, and the MPO will be meeting early next week. She
suggested that Albemarle County should make a statement to the Task Force also. She added that if
other Board members think this opportunity should be seized, perhaps staff could develop a statement,
and it probably should be different from the MPO's. She said even if the statements are similar, different
things could be emphasized. She went on to explain that this is a Task Force the Governor proposed to
give him some direction on the most efficient and Iow tax based way to deal with transportation issues of
the future, and he is asking for input.
Mr. Martin said he does not think it would hurt to prepare such a statement. Ms. Humphris agreed
that it would not hurt, but she wondered what procedure should be followed for this Board to adopt a
position. Ms. Thomas explained that she just heard about this Task Force at the LGOC meeting, and that
is why she is bringing up the matter at such a late date.
Ms. Humphris said if this is such an all encompassing subject, she cannot imagine the stand this
Board should take. She wondered, for example, if this Board should stand for a gasoline tax or more
money for transit, etc.
Ms. Thomas recalled that when she gave the presentation at the Allocation Hearing in Culpeper,
the Secretary of Transportation really seemed interested in the idea that dividing roads into primary and
secondary is outdated, and there needs to be a third classification. The Board of Supervisors has run into
this problem on Berkmar Drive, the Southern Connector, the Routes 250/240 Connector and on Meadow
Creek Parkway. Counties now are having to act more as cities, and they don't have the ability in terms of
building and designing of roads. Yet, what is being done doesn't fit into the old classification of secondary
and primary roads. She went on to say there is an urban connector type of road that the County has to
more or less build on its own or try to get State funding, and then State officials ask how the road will fit
into the primary road system.
Ms. Humphris said she believes the best thing would be to have one innovative, creative idea to
put forth, and a third classification of funding for roads should probably be the idea this Board will choose
to submit. She added that this is a problem multiplied around the state.
Mr. Marshall mentioned that this is particularly'true in Fairfax County. Last year when he went to
the Preallocation Hearing, he was involved in the same discussion. He commented that State officials
were telling him that all secondary road funds were used up for the next 20 years if they just build what
Fairfax is requesting. They asked him how he expected them to fund the Meadow Creek Parkway. Ms.
Humphris and Ms. Thomas have made a good point.
Ms. Humphris said it seems to her the best contribution Albemarle County can make on behalf of
this County, as well as others, would be that a third category of money be made available for roads,
because the same classifications don't work anymore.
Mr. Martin inquired if Ms. Thomas would prepare Albemarle County's statement to the Task
Force. Ms. Thomas agreed to do so.
Mr. Cilimberg pointed out that he has done some research about secondary and primary funds.
There have been changes in the allocation formulas over the years but, ultimately, it all comes back to
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much money is available to break down into the different funds. He said creating another category is
but it is still chasing the same amount of money that is available for all the systems. The problem is
having the ability to be able to use the monies in a more flexible way within the secondary system.
County has been told, for example, the Crozet road cannot be built with secondary monies unless it is
some other road need within the system. He recalled that the County officials were told the
g for a long time about Meadow Creek Parkway, as well as when they were building the
parkway connection from Fifth Street.
Mr. Martin asked Mr. Cilimberg and Ms. Thomas to get together and work out a plan for a
;ment.
Ms. Humphris mentioned that she has learned that Congressman Tom Bliley is going to be at
mead Elementary School on August 14, 1999 from 11:30 until 1:00 p.m. She is curious about
the Board members need to take a message or request to him most particularly on the issue of
~mmunications towers. She remarked that when the Board met with Congressman Bliley, he had
them that this would not take away the Board's power to control land use in the County. She
his statement to them is probably still on tape, and it is certainly in the minutes. She remarked that
ressman Bliley was very specific when he told Board members to come to see him if they have such
.roblem.
Mr. Martin commented that he will be unable to go to see Congressman Bliley on Saturday. He
ested that Ms. Humphris and Mr. Marshall go to see Congressman Bliley. Mr. Marshall agreed. He
unsure about what to say, but he would go to support Ms. Humprhis.
Ms. Humphris said there is enough material in the letters that were sent to the Secretary of
:ortation that a reasonably good statement could be put together, along with the reference from the
, as to the comments the Congressman made to the Supervisors when they met with him. Mr.
'g informed the Board that the most recent letters to the Secretary came from the County
:utive's Office and the County Attorney. Mr. Kamptner said Mr. Tucker wrote two letters, plus a
;olution the Board adopted which sets forth some of the facts.
Ms. Humphris mentioned that now it has become an issue with the federal government too,
there is the issue of telecommunications towers being allowed to use any federal facility. The
inia Association of Counties is taking a strong position on this as well as on the VDoT's rights-of-way
Ms. Humprhis asked if it is the wish of the Board for her to take a statement to Congressman
Board members concurred.
Agenda Item No. 12. Adjourn.
the meeting was adjourned.
At 9:29 p.m., there being no further business to come before the