HomeMy WebLinkAbout05 03 77 PC Minutes229
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May 3, 1977
The Albemarle County Planning Commission conducted a meeting on Tuesday,
May 3, 1977, 7:30 p.m., Board Room, County Office Building, Charlottesville,
Virginia, to consider a series of special use permit and rezoning requests.
Those in attendance were Mr. David Carr, Chairman; Mr. Peter Easter, Vice -Chairman;
Mr. Roy Barksdale; Mr. Kurt Gloeckner; Col. William Washington; Dr. James Moore;
Mr. Leslie Jones; and Mrs. Opal David, ex-Officio. Other officials present were
Mr. Robert Tucker, Director of Planning; Mr. Ronald Keeler, Assistant Director of
Planning; Mr. Frederick W. Payne, Deputy County Attorney; Mr. Benjamin Dick,
Zoning Administrator. Absent members of the Commission were Mrs. Joan Graves
and Mr. Paul Peatross.
Mr. Carr established that a quorum was present and called the meeting
to order.
Mr. Carr informed the Commission that Mr. Robert Riffle's request
for a billard parlor will not be heard due to Mr. Riffle's request for withdrawal.
Mr. Easter moved that the Commission accept the applicant's request for withdrawal
without prejudice. This motion, seconded by Mr. Gloeckner, carried unanimously.
Minutes of April 19, 1977, were approved by the chairman.
Dr. Moore stated that the joint city/county committee will be involved
in more than just transportation and highway planning, that probably the committee
will address all matters that jointly affect the two jurisdictions.
Mr. Carr asked that Dr. Moore advise the members of the Commission of the
scope of that committee after its first meeting.
SP-77-07. JOEL AND NANCY SCHNEIDER - request for stabling of light horses
and ponies:
Mr. Keeler presented the staff report, and advised the Commission of the
five neighborhoring residents who had submitted letters of opposition. He also
read a letter of justification from Dr. Schneider. Mr. Keeler noted that there
is a pony two houses up the street, and the Zoning Adminsitrator is here to address
that matter.
Mr. Dick, Zoning Administrator, addressed the Commission, stating that
the owners of the pony two houses from the property in question had agreed to move
the pony and its foal by May 15. Furthermore, as far as the goat on the Schneider
property, that will be reviewed by the Zoning Department shortly.
Mr. Dick told Mr. Deets, a resident of the area, that the goat is in violation.
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Dr. Schneider stated that the letter he had sent to the Planning
Office summarizes his feelings, but that he wished to reserve further comment
until the opposition had presented its case.
Mr. Deets, a resident of Cantebury Hills, and acting as spokesman
for the residents, stated that he has a petition signed by 194 residents of
the neighborhood, representing 88% of the community, in opposition to this request.
He illustrated on the tax map the residences that are in opposition. He said
that he realizes that the Commission cannot deny the request on mere head count,
but feels such mass opposition should carry some weight, since it expresses the
sentiments of the neighborhood. Mr. Deets noted for the record that this is
a dense, small -lot neighborhood, and pointed out that the residents want no change
in its character. They do not wish a precedent for stabling set with approval
of this request. He said that he is puzzled about the applicant's statement about
riding on Belfield School property, especially after a conversation with the Headmaster,
who stated that no permission for such has been sought. Furthermore, this property
borders on Route 250 By-pass and no riding is permitted in the right-of-way.
Mr. Deets read the clause in the zoning ordinance which addresses granting of
special permits, particularly noting that such special permits are not to be granted
if they will change the character of an area. He said that this request would certainly
not be in keeping with this particular neighborhood.
Mr. Carr requested that in the interest of time, since he knew that there
were many interested citizens here, that only new information be presented to the
Commission.
Mr. Larry Fredrick stated that he supported the collective statement
made by Mr. Deets, and wanted to be included in the list of those who opposed
the request, since he had been unable to sign the petition.
Col. Frank Blaisdale also added his opposition. He feared that if this
request were approved, it would polute the stream at the foot of the Schneider property.
Mr. James Bergold asked that those citizens present in opposition to the
request shown their hands.
Dr. Schneider said that it is a difficult task to say why 880 of the neigh-
borhood should not rule. Having looked over the petition, he said that he would
completely agree that if any of these matters of concern arose, that he would be
happy to correct the problem. He said that others is not the only property that has
increased in value since the time of purchase, but his has as well. He pointed
to the various improvements he has made in the past five years to his property.
After talking to a real estate appraiser, he said that he feels confident that this
use would not adversely affect property values in the neighborhood. He said that
the closest neighbors who would be affected are at least one acre away, because
of the place he plans to have the pony located on the property. Also there is
the fact that his property is completely fenced. He said that he is not asking for
anything that is not permitted in the zoning ordinance by special use permit,
and feels as though it should not have been included in the ordinance if it would
not be considered by the County. Dr. Schneider also addressed all the other matters
of concern in the petition.
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Mr. Marvin Boswell, an adjoining property owner stated that he felt that
animals of this sort would affect property values. He cited that recently, when
he had though he would move, he had consulted a real estate agent, later listed
his property, and had been informed that animals of this nature in a dense neighborhood
are considered to be offensive. He was also concerned that there is the potential
for them to stray.
After questions from the Commission, Dr. Schneider stated that the fence
around his property is a 5 foot rail fence; that his property is approximately 3/4
acre in size; that the paddock is to be approximately � acre; that most of his
riding will be done at Farmington Hunt Club; and that he will clean the area at
least every day or two and will haul the excrement in order to dispose of it properly.
Mr. Deets said that he realizes that this is a difficult matter for the Comm-
ission, and stated that the citizens of that area are speaking to a point, not to
a personality. He again emphasized that this is not the proper density for this
type of animal.
Dr. Schneider stated that he is sincere in saying that he will correct
any problem that is a matter of concern to his neighbors, if granted the permit.
Mr. Bergold told the Commission that he is vehemently opposed to
the request, and considers it to be an attractive nuisance.
Mr. Carr closed the public hearing.
Mr. Easter stated that the Commission has heard all sides of the matter
and said that in his opinion � acre is not adequate to support an animal of this size.
Noting that the neighborhood is dense and built up almost to the maximum potential,
he moved that the request be denied.
Mr. Gloeckner seconded the motion, on the basis that granting this permit
would set precedent.
Discussion: Dr. Moore said that the number of other lots that could
request such a use if the permit is granted is too great to grant the permit.
Mrs. Opal David told the Commission that since she has been a member of
the Board of Supervisors, she has received more calls on this matter than any
other matter.
Mr. Carr said that under normal conditions, 12 acre of land for such
a use is certainly inadequate.
The motion to deny the request carried unanimously, with no further discussion.
SP-77-13. ANDERSON THURMAN REA has petitioned the Board of Supervisors
to locate a mobile home on 2.5 acres zoned A-1. Property is located just
off Route 635 near the Highway Department property. County Tax Map 85,
Parcel 25, Samuel Miller Magisterial District.
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Mr. Keeler presented the staff report, then read letters of opposition
from John and Victoria Dibbern, and a letter of concern from Miller School.
Mr. Barksdale stated that he had been under the impression that state
law does not permit privies.
Mr. Payne said that if a privy is pre-existing, there are some cases
in which the Health Department will give approval, especially if the privy is
in proper working order. However, he pointed out that if the mobile home has
existing facilities, the Building Official will not grant the certificate of occupancy
without sewerage facilities. He also pointed out that the Commission could cover
this matter in the conditions of the special permit, if it is granted.
Mr. Barksdale said that he will not support the request unless he knows
that it will have septic facilities.
Mr. Gloeckner said that he feels as though the stream on the property
certainly necessitates septic facilities.
Mr. Rea stated that if the permit is granted, he will have a well and
septic facilities for the mobile home. He also informed the Commission that the
location proposed by the staff is agreeable.
Mrs. Dibbern, an adjoining property owner, objected to the request because
she felt that sanitary facilities should meet with modern times. She certainly opposed
the privy, and cited past history of the property and its use as reasons for this.
Mr. Easter said that since the applicant has agreed to septic facilities,
would she still oppose the request. 140)
Mrs. Dibbern replied that she objects because of the effect it will have
on property values.
Mr. Keeler told Mr. Glceckner that there is no other location on the property
owned by Mr. Rea that is suitable for the mobile home.
Mr. Bob Johnson, also a property owner of the area, opposed the request on
the basis that it will affect property values in that
P P Y /area. He was also concerned that
this presented no peculiar situation that seemed to warrant the permit.
Col. Washington stated that mobile homes are permitted with administrative
approval in the A-1 zone unless there is opposition from adjoining property owners.
He said that the only reason this particular request is before the Commission is that
there was written opposition.
Mr. Johnson said that he did not realize that this was the County's policy.
Mr. Jones said that when the mobile home legislation was before the Commission,
that people objecting to mobile homes did not appear to state their reasons, and only
appear when they themselves are affected by possible location of a mobile home. He
said that this is one means of lower cost housing, especially in view of the cost
of conventional housing these days. In this case, the man has agreed to clean up
the property, and have septic facilities. He said that he supports the request.
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Mrs. Dibbern said that the original part of the house was very strong
and quite lovely. She could not understand why the applicant would prefer a mobile
home to the house.
Mr. Rea said that he had had an opportunity to sell the property, but
had decided not to do so, because he wanted to live there himself.
Mr. Carr closed the public hearing.
Col. Washington stated that he does not feel that the Miller School is
directly affected by this request, since the school itself is located approximately
3/4 mile up the road.
Mr. Easter asked if the mobile home can be located in the proposed position
without removing any of the trees.
Mr. Keeler felt that it could be, though he did note that there might
have to be some upgrading of the driveway.
Mr. Barksdale moved approval of the request subject to the following
conditions:
1. Compliance with Section 11-14-2 of the Zoning Ordinance, except that mobile home
is to be located on or in proximity to the existing foundation behind the
existing screening;
2. Removal of rubble and trash to the satisfaction of the Zoning Administrator;
3. Well and septic system to the reasonable satisfaction of the Zoning Administrator
and State Health Department.
Mr. Jones seconded the motion.
Discussion: Mr. Carr said that conditions along Batesville Road are an
example of what can happen along Albemarle by -ways. He said that understands that
Mr. Rea now owns the land and intends to improve it, though. His concern was for
the general character of the neighborhood.
The motion to approve the request carried by a vote of 5-2, with Messrs.
Carr and Easter dissenting.
The Albemarle County Board of Supervisors has adopted a resolution of
intent to rezone 2 acres from RS-1 to A-1. Property is located on
the north side of Route 6, approximately 750 feet west of the intersection
of Route 627 and Route 6. County Tax Map 128A(2), Parcel 2, Scottsville
Magisterial District.
Mr. Keeler presented the staff report, and read the letter of April 22, 1977,
from the Zoning Administrator to the Commission.
Mr. Payne, when questioned by the Commission, said that Mr. Moore understands
the downzoning and what it is all about and still requests that the zoning be changed
from RS-1 to A-1. All planning principles show that the original rezoning was a mistake.
Mr. Easter moved that the Commission recommend approval to the Board that
the property be rezoned from RS-1 to A-1. Mr. Barksdale seconded the motion.
The motion carried by a vote of 6-0-1, with Mr. Jones abstaining.
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ZMA-77-08. South Pantops Land Trust has petitioned the Albemarle
County Board of Supervisors to rezone 42.17 acres from R-3 Residential
to CO Commercial Office. Property is located on Pantops Mountain
near the Rivanna River. The property is further described as
County Tax Map 78, Parcels 20 and 20D, parts thereof. Rivanna
Magisterial District.
Mr. Keeler presented the staff report. He read to the Commission
the letter from Mr. Huja, Director of Planning and Community Development. Also
read to the Commission was the letter from the Virginia Department of Highways.
Mr. Keeler stated that though the Commission is not supposed to consider this
in the decision of to rezone or not, the property in question is the proposed
site for State Farm Insurance Offices, which will be relocating from Emmett Street
in the City. If this use does become a reality, the traffic generation will
be much less than what is stated in the staff report - in fact the traffic
will be reduced approximately 80%.
Col. Washington observed that none of the property really touches Route 250.
Mr. Keeler agreed that this is correct.
Dr. Moore observed that this is not accurrate according to the tax map
mailed to the Commission.
Mr. Keeler replied that State Farm is purchasing only a portion of the
property, 35-36 acres.
Mr. Carwile stated that this rezoning is requested in conjunction
with the proposed relocation of State Farm Insurance.
Mr. Zimmerman, from State Farm, told the Commission that the facility
on Emmett Street has become much too small for the needs of the company and that
the company has been looking for property that will service the needs until the
Year 2000. He noted that the past facility was designed for 25 years and it has
met the needs of the company for just that period. He noted that in purchasing
this property they had been very conscious of surrounding properties. In this
case, because of the location, traffic to and from work will be counter to the
normal rush hour traffic. Mr. Zimmerman felt that the location of State Farm
on this site would add to the city on the east side.
Mr. Carwile noted the existing zoning in the area around the subject
property: it is either B-1, R-3, or industrial. All the Pantops property will
be subject to an architectural control panel.
Mr. Jones questioned the entrance to the property, noting that he wants
to make sure that the proper amount of land is dedicated for highway upgrading.
Mr. Jim Hill stated that the road is a private road, that will eventually
be taken over by the state a piece at a time as it is upgraded. When questioned
at whose expense, Mr. Hill said that it will be at the present owner's expense.
Mr. Easter questioned what will happen to that portion of land over the
36 acres that is needed by State Farm, since this property will also be zoned CO.
Mr. Carwile said that it had been requested that this also be rezoned
to CO in order that there would not be a residential zone between what is currently
zoned B-1 and what is being proposed for CO.
Mr. Easter said that he had felt it to be his responsibility to bring
up that there would be a strip not to be used by State Farm that would be zoned
CO, and that would also have a strange configuration. He also noted that he
favors the rezoning request with the proposed relocation of State Farm because
this has been a good corporate neighbor and has been an asset to the community.
Mr. Zimmerman revealed to the Commission that State Farm has the option
to purchase the entire 42.17 acres.
Mr. Carwile stated that the odd shape is to serve the purpose of squaring
off the corner.
Mr. Zimmerman stated that State Farm had originally been concerned about
the odd -shaped residue, if they purchase the 36 acres only. However, when this
concern had been expressed, it was agreed that State Farm as well as Worrell Newspapers
would serve as members of the Architectural Review Committee. They had decided
that this was sufficient safeguard.
Mr. Easter moved that the request be approved for CO zoning.
Mr. Barksdale seconded the motion.
Discussion: Mr. Gloeckner determined from Mr. Zimmerman that State Farm is satisfied
with the access to the property.
Dr. Moore stated that he is very concerned about the odd -shaped configuration.
He suggested that State Farm move its location down 6 acres.
Mr. Carwile stated that though State Farm may purchase only 36 acres, the
CO would serve as a good buffer to the B-1 zoning on the north.
Mr. Zimmerman responded to Dr. Moore's suggestion about moving the location
over 6 acres, and stated that the topography would not permit this.
Mr. Jones said that he could not support the motion unless State Farm
states that it will exercise its option. He said that if they are not willing to
state this, he could support rezoning only the 36 acres that they need.
Mr. Carr said that he finds no fault with the proposed use of the land,
but there is a little objection to the excess acreage with the stange shape.
Dr. Moore said that he hasn't seen the site, so he can't speak to the topography.
However, he said that he cannot support the entire 42.17 acres unless State Farm
intends to purchase the entire tract.
Mr. Carwile said that it would be agreeable to the owner if only the 36 acres
were rezoned.
Mr. Gloeckner said that he is not concerned with the 6+ acres, because of
the Architectural Control Committee on which State Farm and Worrell Newspapers will
serve. They will be able to protect themselves. Furthermore, he felt that CO would
be a more appropriate zoning than R-3, since a residential use does not seem appropriate
to what will be in the neighborhood.
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Dr. Moore and Mr. Jones both stated that they have no objections to
the proposed use of the property, and that they both felt that State Farm
has been an asset to the community. Again they expressed their concern about
the 6+ extra acres of CO zoning.
Mr. Tucker stated that if only 36 acres is rezoned, the staff will
need a plat in order to properly and accurately record the zoning on the zoning map.
When someone suggested a substitute motion option for only the 36 acres,
Dr. Moore said that he could not support any motion which leaves a strip of R-3
zoning. The remaining strip, whatever its zoning, is what concerns him.
Col. Washington and Mr. Jones agreed.
Mr. Easter said that if the 42.17 acres is rezoned, it leaves more room
for a better plan for State Farm. He called :for the question.
Mr. Payne asked that before the vote is taken that the motion address
the specific property in question according to the plat submitted by the applicant.
Mr. Easter said that he moved approval of CO zoning for 42.17 acres as
shown on the plat drawn by Aubrey Huffman, entitled "Pantops", and dated April 1, 1977.
Mr. Barksdale again seconded the motion.
The vote was 4-3, with Col. Washington, Dr. Moore, and Mr. Jones dissenting.
Mr. Easter asked that someone convey to the Board of Supervisors, since
it seemed to be the consensus of the group, that the Planning Commission favored
the proposed use of the property, and the dissent addressed the remaining sliver
of land.
Mrs. David said that she would certainly convey this feeling to the members
of the Board.
SP-77-18. The Rivanna Water and Sewer Authority has petitioned the
Albemarle County Board of Supervisors to expand water treatment facilities
at Crozet. The property is located on both sides of Route 240 approximately
mile west of the Mechum River. County Tax Map 57, Parcels 10 and 29B.
White Hall Magisterial District.
Mr. Keeler presented the staff report, noting that approval of this petition
would bring the existing facilities into conformance and permit the proposed improvements.
Mike McGovern, representing Rivanna Water and Sewer, stated that this will
complete the upgrading and expansion of the water facilities in Crozet. There is
a chain link fence proposed for the lagoons and the vegetation abutting adjoining
properties will remain. Mr. McGovern stated that the lagoons will be earth berm.
Mr. Easter questioned the persons responsible for the maintenance.
There was a long discussion about whose responsibility this is, in which
Mr. Easter said that in the past there has been little or no maintenance, and
that these messes should be addressed by whoever is responsible for it. He
said that it is very disturbing to him to require soil erosion plans from private
citizens, as well as requiring private citizens to clean up their property, and
then have the County dr whatever agency is in charge of public facilities neglect
or do nothing about just these matters.
Mr. Ben Dick, Zoning Administrator, asked that the Commission require
a soil erosion control plan as a condition of approval, if enough grading is proposed
to require one.
Mr. Gloeckner questioned if these agencies had thought they were exempt
from soil erosion plans. Mr. Dick replied that according to the office of the County
Attorney they are not exempt.
Mr. Easter again addressed the unsightliness of the area around the
water tower in Crozet, and asked that whoever is responsible for it be made to clean
it up.
Mr. Jones moved approval of SP-77-18 subject to the following conditions:
1. Removal from view of dwellings in the area and Route 240 of pipe, construction
materials, stumps, wood, and other debris. This is to be accomplished to the
reasonable satisfaction of the Zoning Administrator;
2. Site plan and landscape plan for plant expansion and sedimentation lagoons. In
development of these plans, consideration should be given to maintaining as much
existing vegetation as practical, providing screening from adjacent properties
and Route 240; and fencing around the sedimentation lagoons to prohibit trespassing;
3. Soil erosion plan required.
Mr. Easter seconded this motion.
Discussion: Mr. Carr asked if policy is being changed by the addition of condition #3.
Mr. Tucker replied that it is not being changed.
Mr. Carr said that the County's business should be done as a good example
to the citizens.
The motion to approve SP-77-18 carried unanimously.
adopt
The staff requested that the commission ^a resolution of intent to repeal
Section 7-1-26, which provides for billard parlors and similar forms of entertainment
as a use by right in the B-1 zone with a public hearing held by the Board of Supervisors.
Mr. Keeler also asked that the Commission include in this resolution that this be
a use by special permit in the B-1 zone.
Mr. Jones moved that the Commission adopt this resolution requested by
the staff. Mr. Barksdale seconded the motion, which carried unanimously.
Col. Washington stated that approximatley 9 months ago he had requested
information from the staff regarding construction on slopes of 15-25% and on
north slopes. He asked that the Commission encourage the staff to present this
information as soon as possible.
Mr. Carr instructed the staff to put this item on the agenda at the earliest
possible date.
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Since there was no further business, the meeting adjourned at 10:20 p.m.
rt W. Tucker, Jr., Secr