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HomeMy WebLinkAboutZMA197700021 Approval - County 1977-11-02A. `)7 November 2; 1977 (Regular -Night Meeting) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on November 2, 1977, at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia. Present: Mrs. Opal D. David and Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta, and W. S. Roudabush. Officers present: Messrs. Guy B. Agnor, Jr., County Executive; George R. St. John, County Attorney; and Robert W. Tucker, Jr., County Planner. Agenda Item No. 1. Meeting was called to order at 7:35 P.M., by the Chairman, Gerald E. Fisher. Not Docketed: Dr. Iachetta announced that a grant in the amount of $15,000 was receiv- ed for funding of a Driver Education course at Western Albemarle High School, and a grant in the amount of $1,400 for purchase of additional radar equipment for the Sheriff's Department. Agenda Item No. 2. ZMA-77-17. Dr. Charles W. Hurt. (Shadwell Heights) Deferred from October 5, 1977• Mr. Tucker reviewed the staff report for the public and the Board, and Mr. Fisher reviewed the change in density created by the proposed rezoning. Mr. Roudabush commented that he had reviewed the tapes and documents from the October 5th meeting. Mr. Roudabush felt the entrance of the road onto Route 250 should be given further consideration, he also felt the possibility of a private road connecting to Route 729 should be further considered. He noted that there are no setback requirements shown on the plan, and that the "open -space" is almost entirely restricted to the lake itself, which is available for use by adjoining properties. Mr. Roudabush concluded that the largest single concern held by himself and the adjoining property owners was the proposed density. Mr. Fisher asked other Board members if they felt the public hearing should be reopened, and it was the consensus that all pertinent data had been presented. Mr. Roudabush offered motion to deny the requested,rezoning on the basis that the density is too great for the location. He added that he would like to see another plan submitted with a lower density. Motion was seconded by Dr. Iachetta. Mr. Fisher commented that he would like to see septic systems located more than the proposed 50 feet from the lake. Roll was called, and motion carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: 'None. Agenda Item No. 3. Dance Hall Permit. Floyd Bates. Appeal of conditions placed on approval. It was noted that the hours of operation on the original_ permit were from 7:00 P.M. to 1:00 A.M. Mr. St. John stated that even if the building were hired for a private party and there were dancing on the premises, State statutes pertaining to the permit would apply. Mr. Bates was present and requested permission to open at 12:00 noon and close at 2:00 A.M. Motion was offered by Mr. Roudabush to extend the hours of operation from 2:00 P.M. (ex- plaining that a 12-hour operating day seemed long enough) to 2:00 A.M., with all other conditions as originally set to remain. Motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Agenda Item No. 4. ZMA-77-21. Joseph W. Wright, Jr. & Frank A. Kessler. To rezone 2.5 acres from R-2 to CO. Property on south -side ofjRoute 250 West about 0.6 mile from intersection of Routes 250 and the Route 29 By-pass.' County Tax Map 59D(2), Section 1, Parcel 10 part thereof. Samuel Miller District. (Advertised in the Daily Progress on October 19 and October 26, 1977.) 0 Mr. Tucker read the planning staff's report: "Requested Zoning: CO Commercial Office Acreage: 2.5 acres of a 6.678 parcel Existing Zoning: R-2 Residential Location: Property, described as Tax Map 59D(2'), Section 1, Parcel 10 (part thereof), is located on the south side of Rout 250 West across from the Institute of Textile Technology. iA Character of the Area i This! property is undeveloped as are adjacent properties to the south, and west. Several campus -type office complexes are on the north side of Route 250 West. Property to the east is Birdwood and property to the west has been designated Ednam RPN (zoning map to be presented).:. Route 250 West has been designated a scenic highway. E Comprehensive Plan � p This portion of the Urban Area is recommended for low and medium density residential, commercial, and institutional uses. This site is recommended as low density residential November 2, 1977 (Regular -Night Meeting) Staff Comment This is the second petition for commercial zoning on this property by the appli- cants ( ZMA-331: R-2 to B-1 on 0.68 acres; staff recommended appro*al; withdrawn from Commission September 2, 1975 )• Several changes have occurred since that petition: 1. Route 250 West designated scenic highway ( therefore, application is for greater acreage due to increaded setback ); 2. Adoption of Commercial Office district; 3. Approval of Ednam RPN ( open space and roadway are adjacent to this property; 4. Reduced speed limit to 45 mph on Route 250 West. The two major areas of concern in the previous application were sight distance on Route 250 West and the request was for B-1 General Business ( CO was not available at that time ). Staff opinion is that the Commercial Office use would be compatible with existing and future uses in this area as well as with use proposed in the Comprehensive Plan. Staff recommends approval of this petition." Mr. Tucker noted that the Planning Commission at it's meeting of October 18, 1977, voted unanimously to recommend approval of the rezoning. Mr. Tucker then read a letter received op -Mr. W. B. Coburn, Jr., Assistant Resident Engineer for the Department of Highways and Transportation: "October 17, 1977 The above rezoning application has been reviewed on site with the appli- cant and Mr. Tucker from your office. Since the time of the previous application the speed limit in this area has been reduced to 45 mph, thereby decreasing the sight distance requirement to 500 feet. It appears that this distance is avail- able through some minor clearing. The Virginia Department of Highways and Transportation would therefore not object to this rezoning provided the proper entrance requirements can be accommodated." Mr. Fisher opened the public hearing, and first to speak was Mr. Jim Murray, Jr., repre- senting the applicants. Mr. Murray said that this rezoning was unique because of a private agreement made between the applicants and the residents of Ednam Village approving and restricting the construction of the proposed commercial office building to a particular use and design. He added that although this contract was not binding on the County in any way, it would be binding on the applicants once the Board gave its approval. Mr. Max Evans, landscape architect, using detailed maps, described the proposed building sites. Mr. Fisher noted that there were no entrances from the CO property into Ednam Village and added he thought this was a requirement in the CO zoning. Mr. Murray said no through - streets were placed in the plan specifically to keep through traffic from continuing on to the Boars Head Sports Club and Inn. Mr. Charles Barham, President of the Ednam Village Homeowners Association, and Vice President, Mrs. D. Ashworth, said that a 60-foot buffer easement has been deeded to the Homeowners Association to prevent any through street from being constructed. A resident of Farmington (her name was inaudible) said she was in favor of the proposed plan. Mr. Jason Eckford, Ednam Forest resident, said he felt the plan was well conceived and he would be in favor of approval as outlined. Mr. Nelson Yarborough, Ednam Forest resident, said he hoped for approval of the plan as a resident and also as a potential tenant, as he is a dentist. Ms. Martha Seldon, spoke for the Scenic Roads Committee of Citizens for Albemarle. She said this plan was an improvement over the first submitted, but still felt the sight distance at the entrance on Route 250 West was not adequate for safety. A Bellair resident felt this was a beautiful location for an office building. No one else from the public, either for or against this petition, wished to speak, and Mr. Fisher declared the public hearing closed. Mr. Fisher noted that although there are many sites in the County for commercial office space, there seemed to be no opposition to the plan by area residents. Mrs. David read portions of the minutes of the Planning Commission meeting, indicating that other property owners (not present at tonight's meeting) were also not opposed. Motion was then offered by Dr. Iachetta, seconded by Mr. Dorrier, to approve ZMA-77-21 as recommended by the Planning Commission. Motion was carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. At 8:50 P.M., Mr. Fisher declared a two minute recess. Meeting was reconvened at 8:56 P.M. Agenda Item No. 5• Subdivision Ordinance - Amendment to Albemarle County Code regarding Gordonsville Subdivision Review. Mr. St. John said the proposed ordinance amendment would give the Town of Gordonsville equal rights as.an adjoining land owner, and he felt sure the agreement was satisfactory to both parties involved. He further noted that it has been reviewed by the Town of Gordonsville.