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HomeMy WebLinkAbout03 01 77 PC Minutes113 March 1, 1977 The Albemarle County Planning Commission conducted a meeting on Tuesday, March 1, 1977, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members present were David W. Carr, Chairman; Peter Easter, Vice -Chairman; Paul Peatross; Roy Barksdale; Kurt Gloeckner; Col. William Washington; Dr. James Moore; Leslie Jones; and Mrs. Joan Graves. Absent was Mrs. Opal David, ex-Officio. Other officials present were Mr. Robert Tucker, Director of Planning; Mr. Ronald Keeler, Assistant Director of Planning; Mr. Frederick Payne, Deputy County Attorney. Mr. Carr established that a quorum was present and called the meeting to order. It was noted by the Chairman that SP-77-01 would be considered by the Commission at its March 15 meeting in order that the item could be properly advertised. ZMA-77-01. Frazier Bell has petitioned the Board of Supervisors to rezone 7.29 acres from A-1 Agricultural to B-1 Business. Property is located on the north side of Route 649 (Proffit Road), 14 mile east of the intersection of Routes 649 and 29 North. County Tax Map 32A, Parcel 02-2, Charlottesville and Rivanna Magisterial Districts. At the request of the applicant, Mr. Gloeckner moved that this item be deferred for at least thirty days. The motion, seconded by`Mr. Barksdale, carried unanimously. SP-77-04. John Rogan and Albemarle County Service Authority have petitioned the Board of Supervisors to locate a water storage tank on a 10,000 square foot lot, located 175 feet west of Lot 31, Section 6, Ednam Forest, zoned A-1 Agricultural. County Tax Map 75, Parcel 1, Samuel Miller and White Hall Magisterial Districts. Mr. Keeler presented the staff report noting that the site is a portion of the Ragged Mountain property owned by the City of Charlottesville. The storage tank would augment water service through increased pressure for fire protection in the existing Ednam Forest, Ednam Village and Boar's Head developments and later in Ednam (RPN). The staff recommended approval subject to the following conditions: 1. Site Plan approval by the Planning Staff; 2. Specifications of the standpipe to be approved by the County Engineer and Service Authority. There were no comments from the applicant. Mr. Carr noted that in its discussion, the Board has already approved this project. Mr. Keeler agreed, stating that this is the necessary special permit process. Mr. Barksdale moved approval of SP-77-04 subject to the conditions recommended by the staff. Mr. Gloeckner seconded this motion, which carried unanimously, with no discussion. The Albemarle County Planning Commisison has adopted a resolution of intent to amend the B-1 Business District to provide for all uses which are provided for in the R-3 Residential General District. Mr. Keeler presented the staff report, noting that this resolution had resulted form a February 1, 1977, Planning Commission meeting at which the Commisssion had directed the staff to develop amendments to the B -1 zone necessary to accommodate the residential use requested by Worrell Newspapers, Inc. Staff had two alternatives, and favored the one which would amend the B-1 zone to provide for all R-3 Residential use by special permit as follows: Section 7-1-42(12) Unless such uses are otherwise provided in this Article, USES PERMITTED in Article 6, RESIDENTIAL GENERAL DISTRICT, R-3, in compliance with regulations setforth therein, or conditions established pursuant to Section 11-13. Mr. Carr noted that on the surface this seems to be desirable, since it would bring some residential uses into the B-1 zone. It could be attractive from that stand- point. Col. Washington established in a brief discussion with Mr. Keeler that it is possible to have a residence and business use on one parcel. Mr. Keeler stated that not only would this proposal provide for that, it is currently provided that a proprietor or bona fide employee can reside on a parcel that accommodates a business use(under accessory dwelling accommodation clause). Mr. Jones asked if the business property is developed residentially, would it automatically have a density of 20 units per acre. Mr. Keeler stated that since a residential development would come under the special permit process, the density could be established during the review of the special permit. Mr. Peatross questioned the effect this proposal would have on the rest of theordinance, if it would put the remainder of.the ordinance out of balance. Mr. Keeler replied that there would he no desire to make the A-1 and CVN zones cumulative with the other residential zones. Mr. Peatross asked if the staff felt that there would later be a need to make the other zones cumulative. Mr. Keeler responded "no." Mrs. Graves stated that she has had some reservations about this proposal, however, when she discussed these uncertainties with Mr. Tucker, he had responded to all. Yet she wished to discuss these with the Commission for their reactions. She stated that she is concerned about area requirements if the property is developed residentially, and would want these requirements to go with those established in the R-3 zone. Also open space, parking, and recreation areas, as well as setbacks, were matters of concern if the property were developed residentially. She stated that the final concern was the Fire Marshal's opinion on developing business property residentially - would there be adequate fire protection. 115 Mr. Tucker responded that as far as area requirements are concerned, those regulations setforth in the R-3 zone would apply if the property were developed residentially. In addition, there is the safeguard that a special permit would have to be attained; all these matters could be addressed to a further extent in that review process, and if the Commission felt that the restrictions should be more stringent than those setforth in the R-3 zone, it would be possible to setforth these requirements in that review. He stated that he could not speak to fire protection, though any property that is developed would have to meet the requirements of the Fire Marshal and BOCA code. Mr. Payne suggested that if the Commission adopts this amendment some amended wording of the section would be appropriate. He suggested that Section 7-1-42(12) read as follows: Unless such uses are otherwise provided in this Article, USES PERMITTED in Article 6, RESIDENTIAL GENERAL DISTRICT, R-3, in compliance with regulations setforth therein, and such conditions as may be imposed pursuant to Section 11-13. Dr. Moore questioned if all uses not already permitted by right in the R-3 and B-1 would be by special permit. Mr. Keeler stated this was correct. Mr. Carr stated that he feels comfortable with the staff comments on this proposal, especially since the Planning Commission would be dealing with special permits. Mr. Tucker stated that this would be a good planning tool, especially if someone came in with a proposal for development of a large tract of land. Perhaps this amendment would eliminate some of the strip commercial development that has been occuring and residential uses would be provided for. Mr. Barksdale moved approval of amending the B-1 zone to provide for all R-3 Residential uses by special permit as follows: Section 7-1-42(12) Unless such uses are otherwise provided in this Article, USES PERMITTED in Article 6, RESIDENTIAL GENERAL DISTRICT, R-3, in compliance with regulations setforth therein, and such conditions as may be imposed pursuant to Section 11-13. Dr. Moore seconded the motion for approval. The motion carried unanimously, with no further discussion. SP-77-05. Worrell Newspapers, Inc., has petitioned the Board of Supervisors to locate a rooming and boarding house on 50.5648 acres zoned B-1. Property is located on the south side of Route 250 at Pantops Mountain. County Tax Map 78, Parcel 20D, Scottsville and Rivanna Magisterial Districts. Mr. Keeler presented the staff report, noting that the applicant is requesting this boarding house to house out -of- town employees and clientele. The staff recommended approval subject to the following conditions: 1. Approval of appropriate state and local agencies; 2. Approval of Building Official and Fire Marshal. Mr. Rooker, representing the applicant, stated that he had no comments. Mr. Easter asked if the staff fully favors this request. Mr. Tucker replied that the staff has no objections and feels this is a good use of the property. Mr. Easter moved approval of SP-77-04 subject to the conditions recommended by the staff. Mr. Barksdale seconded the motion. Discussion: Dr. Moore asked if additional housing were requested at a later date if an amendment to the special permit would be necessary. Mr. Tucker stated that if they wish more than four accommodations an amendment would be necessary. Col. Washington asked the cut-off for boarding houses before the State Health Department has to become involved. Mr. Tucker read the definition of boarding house from the County's zoning ordinance. He then stated that before the Zoning Administrator would issue a Certificate of Occupancy he would have to ascertain if the Health Department is satisfied. Mr. Gloeckner questioned the possibility of tying the special permit to Worrell Newspapers. Mr. Barksdale stated that he preferred to have the special permit run with the land. The motion to approve the special permit subject to the conditions recommended by the staff carried by a vote of 8-0-1 with Mr. Peatross abstaining. Rules of Procedure: Mr. Tucker stated that this had been presented to the Commission several weeks ago and the matter was before the Commission this evening for finalization. He noted that Mrs. David had submitted some questions for discussion and clarification. Under Section III(b) the five day notice of special meetings was questioned. Mr. Payne explained that notice can be waived if all members are present, and the statute permits waiving notice by writing from those members that won't be present. Mr. Payne also stated that notice is given for the benefit of those who receive notice. He stated that this is necessary by statute. Mr. Payne further explained that Section III(d) is necessary by statute. He said that Section IV(d) relates to matters of policy, but rights of individual parties (those such as rezonings, special permits, site plans) could not be acted upon without the party present. Mrs. Graves stated that under Section IV(c) even someone in the voting minority could call for a motion for reconsideration. There was a general consensu that this was appropriate, though Dr. Moore suggested that such a motion for recon- sideration would be introduced only if there is new information or if some matter had originally been overlooked. 117 \we Mr. Carr pointed out that the rules of procedure setforth here are basically what the Commission has been operating with. Mr. Easter moved approval of the rules of procedure as presented in final form that evening with no corrections or additions ( see attached sheets ). Mr. Barksdale seconded the motion, which carried unanimously, with no further discussion. Pen Park Lane: Mr. Keeler presented the staff report on this matter, noting that this was a result of some questions that had arisen at the previous meeting. He explained the width of the dedications, and stated that there has been no discussion with the city to see if they are interested in correcting this problem. He stated that the cost of bringing this into the state system (with a road built to Highway standards), including the cost of construction of the cul-de-sac, but exclusive of any land acquisition, would be approximately $25,000. Mr. Easter stated that since the Commission has identified the problem, he moved that this be brought to the attention of the City and the County Board of Supervisors. He stated that the staff should make them aware that the Commission has looked at the plat and wants to recognize that a problem exists there and inadequacies of the road were brought to the attention of the Commission at a recent *40-wr' public hearing. He asked that the Director of Community Development for the City be shown the plat and that the owners of the easements shown in red stripes on the plat be identified. Col. Washington asked that when this is presented to the County Board of Supervisors the staff should be able to present the City's position and know the owners of the easements. Mr. Easter asked that the staff further extend the plat to show more of the roads in the area prior to submitting the plat to the Board. Mr. Gloeckner seconded this motion, which carried unanimously, with no further discussion. Zoning Ordinance Revision: Mr. Tucker informed the Commission that it is in receipt that evening of a revised zoning ordinance that has been drawn up as a result of a committee's employing Mrs. Haddon to improve the arrangement of the Zoning Ordinance and to eliminate some of the Ordinance's ambiguities. Hopefully no substantive changes have been made. He noted that the staff has not had the opportunity to review this ordinance, but will do so by the end of the next week. He explained that the pages on the right are the pages of the zoning ordinance as it now stands, and the revisions are shown on the left. He asked that the Commission review this and be prepared to discuss it at a later date, upon notification from the staff. If, after this review, it is determined that the zoning ordinance should be readopted it will be taken to public hearing. T/4e Mr. Carr noted that this revision is supposed to make the zoning ordinance easier for the layman to follow. Mr. Jones stated that he had some questions regarding the sight distance on some subdivisions on Route 795. He asked what these sight distances should be, according to the Highway Department. Mr. Keeler replied that the sight distance depends on the amount of traffic coming out and upon the design speed of the road. He stated that he had some explanations for Mr. Jones and some information to give Mr. Jones after the meeting. Mr. Jones stated that this would be satisfactory, but if the matter were not cleared up, he would bring it back to the Commission. Mr. Carr stated that he had one more item of business to discuss with the Commission, and that is the possible discussion with some professionals on preparations of site plans and subdivisions. He said that he had considered this might be an informal discussion that would clarify some points from the County's standpoint and from the professionals' standpoint. He asked if the Commission felt this would be appropriate for an exchange of information. Mr. Easter felt that a dialogue with these professionals would be a good idea and suggested that the comments could be broadened to include all matters on which the Commission works with the professionals. Mr. Jones addressed the possibility of having highway permits prior to an applicant's submission to the Commission of a plat or site plan. Mr. Carr explained that unfortunately this is not that clear cut, since so many requirements placed on site plans and subdivisions are dependent upon approval from so many agencies. Mr. Dick, Zoning Administrator, informed the Commission that perhaps a workshop -seminar with the staff, Commission, developers, and the professionals could be helpful. He stated that this had been done in conjunction with the soil erosion ordinance, and there had been a good response. Mr. Easter again stated that it would be helpful to have a commentary with the professionals with whom the Commission works on a daily basis. Mr. Gloeckner stated that such a meeting would enlighten the professionals on the requirements and it would enable the County to have input from them. Mr. Easter suggested that such a meeting with representatives from the various civic groups at another time might be a good idea. Mr. Jones stated that the suggestion he had just made regarding highway permits had been discussed with Mr. Coburn, who had stated this was favored by the Highway Department. :.r 119 RULES OF PROCEDURE FOR THE ALBEMARLE COUNTY PLANNING COMMISSION (Adopted by Commission on 3/1/77) I. GENERAL These rules shall govern the proceedings of the Albemarle County Planning Commission in accordance with Virginia Code Section 15.1-442 and Section 15.1-444. Whenever these rules shall be silent as to any matter, the established practice and procedure is continued. It is intended that these rules supplement existing law and that they be construed in accordance therewith. Should any provision of these rules be declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not effect the validity of these rules as a whole or of any other provision hereof. II. OFFICERS The officers of the commission, and their respective duties in terms of office, shall be as follows: a. Chairman - The commission shall elect from its members a chairman, who Shall preside at all meetings of the commission, at which he is present, during the tej:n for which he is elected. b. Vice-chairman - The commission shall elect from its members a vice-chairman who shall preside at all meetings in the absence of the chairman, and shall otherwise dis- charge the duties of the chairman during the chairman's absence or disability. c . Term of Office - The terms of the chairman and vice-chairman shall be for one year. d. Secretary and Recording Secretary - The coTa-aission secretary whose duties may appoint a secretary and recording l Zd shall consist in the keeping of the records of the commission, including, but not limited to, the keeping of the minutes of the commission's meetings, and such other duties as the commission may, from time to time, assign them. Except as the commission may otherwise determine, the director of planning and a member of his staff, designated by him, shall. serve at the pleasure of the commission as the commission's secretary and recording secretary respectively. III_ MEETINGS a. Regular Meetings - Regular meetings of the commission shall be held on the first and third Tuesdays of each month at 7:30 p.m. in the County Office Building unless otherwise specified by the secretary_ b. Special Meetings - A special meeting of the commission *Ar may be called by the chairman or when requested by two or more members thereof, their request to be made in writing addressed to the secretary, specifying the time and place of the meeting and the matters to be considered. The secretary shall immediately notify each member of the commission in writing, such notice to be mailed not less than 5 days before the date of the special meeting. Waiver of notice may be made in accordance with law. The secretary shall also notify all the general news media of such meeting. c. Quorum and Adjournirent - A majority of the members of the commission present at the prescribed time and place to attend any meetings shall constitute a quorum. Any meeting may be adjourned from time to time and from day to day. d. Executive or Closed Meeting - Executive or closed meetings may be held only in accordance with the provisions of the Virginia Freedom of Information Act (Title 2.1, Chapter 21 of the Code of Virginia (1950)), as amended. No meeting shall become an executive or closed meeting unless there shall have been recorded an affirmative vote to that eff Qct by the commission, which motion shall state specifically the purpose or purposes which a-e to be the subject of such ific reference to the applicable meeting and shall make spec provision of law. IV. OFFICIAL ACTION OF THE COMMISSION a, Procedure for Taking Action - All matters requiring the vote of the commission shall be preceded by the making a member, the seconding thereof of an appropriate motion by stating of the motion by the chair. by another member, and the The motion shall thereafter be the subject of discussion by the commission. Matters requiring public hearings shall not be subject to action by the commission, other than for deferral without consideration of the merits thereof, until such public hearing has been held. Any amendments to the original motion, unless accepted by the member making the original motion and the member seconding the same, shall. be subject to vote by the commission before any action is taken on the original motion. If such amendment is adopted, action gi.aaal motion as amended. - Any motion, shall be taken on the ori except as hereinafter otherwise noted, must be seconded. Failing to receive a second, the motion shall die. All I%W such matters shall be determined by voice vote of the majority of the members voting on any question; provided, that any member may require that the commission be polled as to any particular matter acted upon by voice vote. A tie vote shall defeat the motion voted upon. b. The Previous Question - Discussion of any motion may be terminated by any member movingthe, previous question, whereupon, and without the necessity of a second to that motion, the chair shall forthwith call for a vote without further discussion. if a majority of those voting concur in the motion of the previous question, there shall be no further discussion and the commission shall proceed to vote upon the matter under consideration. C. Motion to Reconsider - After a vote is taken upon a matter before the commission, a member may move its re- consideration. Any such motion to reconsider may only be made at the same meeting, or an adjournment thereof, at which the matter was originally aced upon. The effect of the motion to reconsider, if adopted by the commission, shall be to place the original question in the exact position it occupied before it was originally voted upon. d. Rescission of Prior Actions of the Commission - Any vote previously taken by the commission, other than matters originally before the commission upon application of any party, may be rescinded by the commission. Nov /Z3 e. Order of business The secretary shall prepare the agenda for each meeting, subject to the approval of the chairman. Any member may require that the secretary place before the commission, in due course, any matter which is a proper subject for the commission's consideration. Except as the commission shall order otherwise in a particular case, the order of business of each regular meeting shall be as follows: a) Call to order. b) Establish quorum. c) Review and approval of minutes of previous meetings. d) Unfinished business (deferred items) . e) New business. f) Old business. g) Adjournment. The order of business for special meetings shall be established by the secretary subject to the approval of the chairman. amendment f. Deferral - Except as otherwise provided by law, any matter before :o rules of the Commission may be deferred by the Commission without substantive action, >rocedure either before or after the holding of any public hearing which is required by adopted by law. Unless the Commission shall otherwise direct, the chairman may permit Manning such public discussion of such deferral as he may deem proper. In the event ;ommission that the Commission shall defer any matter to an indefinite date, the ./10/78) secretary shall, subject to the approval of the chairman, schedule such meeting for hearing at an appropriate date and shall thereafter forthwith again cause to be given notice as required by law, by these rules or by the existing policies of the Commission. No matter shall be deferred at the request of the applicant unless such request shall have been received by the secretary not less than one week prior to the meeting at which such matter is scheduled to be heard. /Z' f V. AMENDMENT AND SUSPENSION OF RULES OF PROCEDURE VI. These rules of procedure may be amended by a two - thirds vote of the members voting at the next regular meeting following the regular meeting at which the motion to amend is made. By two-thirds vote of the members voting, these.rules may be suspended as to any matter pending before the commission. RECORDS OF THE COMMISSION The records of the commission shall be open for public inspection and copying at all times during the regular office hours of its secretary; provided, however, that the secretary may make reasonable charges for the copying and search time expended in the supplying of such records to the public, not to exceed his actual costs therefor; and, provided further, that no person shall remove from the custody of the secretary the original of any such record without the express previous consent of the commission. The secretary may adopt reasonable .regulations for the keeping, inspection and copyirc of the records of the commission in order to facilitate the orderly administration of his duties and to provide for the preservation and safekeeping of such records. /Z5 Col. Washington stated that the Commission must be careful not to exclude anyone who is interested in this matter from such a meeting. Mr. Carr said that this would be an advertised meeting, but an effort would be made to have certain people present. Mr. Easter said that if such a meeting is held he hoped to have honest input from the professionals and work out any mechanics that need resolving. Col. Washington suggested that it should be advertised as technical and mechanical in nature. Mr. Tucker stated that this meeting would be more a discussion of the rapport between the engineers and surveyors and the County. Mr. Carr stated that this would be a day meeting and that certain members of the Commission would be asked to be present, however all members would be encouraged to be present, along with the staff and Mr. Payne. There was a brief discussion in which Mr. Jones stated that he did not feel a day meeting is fair, since it would limit the attendance to a select group. Mr. Carr stated that he had felt that there would be better attendance and more productive input if it were held during the daytime as opposed to evening. He further noted he had no intention of limiting the meeting to a select few. No conclusion was reached as far as the meeting time or date, and the meeting adjourned with no further discussion. di. ' bert W. Tucker, Jr. - S&breta a