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HomeMy WebLinkAbout09 13 77 PC Minutes135 September 13, 1977 The Albemarle County Planning Commission conducted a meeting on Tuesday, September 13, 1977, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members in attendance were Mr. David W. Carr, Chairman; Mr. Peter Easter, Vice -Chairman; Mr. Roy Barksdale; Mr. Kurt M. Gloeckner; Mrs. Joan Graves; Col. William R. Washington; Mr. Leslie Jones; Mr. Paul Peatross; and Mrs. Opal David, ex-Officio. Other officials in attendance were Mr. Ronald S. Keeler, Assistant Director of Planning; and Mr. Frederick W. Payne, Deputy County Attorney. Mr. Carr established that a quorum was present and called the meeting to order. Resolution of intent to amend Articles 3, 4, 5, 7, 7.1, 8, and 9 of the Albemarle County Zoning Ordinance: At the request of the staff, and on the motion of Mr. Easter, second of Mr. Gloeckner, the Commission unanimously deferred indefinitely, the resolution of intent. The Albemarle County Planning Commission has adopted a resolution of intent to amend Section 16 of the Albemarle County Zoning Ordinance as it relates to the definition of "dwelling." At the request of the staff, and on the motion of Mr. Easter and second of Mr. Gloeckner, the Commission deferred indefinitely, by unanimous vote, any discussion of this resolution of intent. Street Light Discussion: At the request of the staff, the Commission, upon the motion of Mr. Barksdale and second of Col. Washington, unanimously deferred the discussion of street lights until September 20, 1977. Langford Plat - Discussion of frontage road: Mr. Gloeckner disqualified himself from the discussion and vote on this item by leaving the room. Mr. Keeler stated that this plat was here for clarification on the requirements of Churchill Lane. He informed the Commission that the staff had not understood that the Highway Department would not accept Churchill Lane until the frontage road had been improved. He stated that the condition of approval had stated that the internal roads were subject to Highway Department approval, the entrance facilities were subject to Highway Department approval, and the I-64 frontage road #1 was to be improved to and maintained at Frontage Road Category I standards; the frontage road #1 is to be improved 13(" to category II, Class B of the Albemarle County Subdivision Ordinance prior to sub- division of the remainder of the property. Mr. Carr stated that when the problem had arisen the staff had called him. Mr. Carr said that he he had thought the Planning Commission approved Phase I of Langford and had agreed to let the frontage road be as it is until Phase II came in. At the time Phase II is submitted and approved, the frontage road would be subject to Category II, Class B standards, but not before that time. He asked how other members of the Commission remembered the situation. Mr. Keeler again read the conditions of approval of Phase I to the Commission. Mr. Barksdale said that he was under the same impression as Mr. Carr was. Mrs. Graves asked if the Highway Department were aware of the discussion that is taking place that evening. She asked if the only way to handle this problem is to waive the subdivision requirement. Mr. Keeler said that the Highway Department did know of the discussion. He read the letter from Mr. Dan Roosevelt, Resident Engineer for the Highway Department, into the record. He stated that if the Commission was under the same impression as the staff, there were three alternatives for handling the situation. He said that the condition could remain as it was originally stated, and the County could hold a maintenance bond. The second alternative is for the Commission to approve Churchill Lane as a private road with a maintenance agreement to be approved by the County Attorney. Or thirdly, the County could bond the applicant for the upgrading of the frontage road out to Route 637. There was no comment from the public on the discussion. Mr. Jones stated that he favors the second alternative. Col. Washington asked for the percentage of cost for the bonding for future upgrading of the frontage road out to Route 637. Mr. George Gilliam, attorney for the applicant, stated that the cost of bonding is 100% of the estimated cost of construction, presented in cash or negotiable securities to the County. He stated that two houses and two lots have been sold, since the applicant has been proceeding in good faith, that the frontage road did not have to be improved until Phase II began. Mrs. Graves asked if the homeowners agreement for maintenance could later be negated and the road taken into the state system. Mr. Gilliam replied that the developer is willing to draft restrictions on the first 10 lots to maintain the roads until they are legally eligible to be taken into the state system. Mr. Carr said that the County has been aware all along that the Highway Department has a problem with this road. He said that in his opinion, the developer did proceed in good faith, thinking that Churchill Lane would be taken into the state system. Mrs. Graves suggested that the solution might be a renewable maintenance bond. Dr. Moore said that he favors alternative #2 as suggested by the staff, to assure that maintenance does occur. 137 Mr. Carr said that he is inclined to agree, until the road can be taken in by the state. Dr. Moore moved that Churchill Lane be constructed and maintained to Secondary Road Standards of the Virginia Department of Highways of Transportation and dedicated to public use. Churchill Lane shall be maintained to Virginia Department of Highways and Transportation standards by property owners served through agreement approved by the County Attorney until such time as acceptance into the State Secondary System occurs. Churchill Lane shall be tendered for acceptance at the earliest date legally possible. Mr. Jones seconded the motion, which carried unanimously. Mr. Carr asked that prior to sending the applicant an action letter that Mr. Payne review the motion, to see that it is properly worded. Mr. Gloeckner returned to the meeting. Western Albemarle High School - discussion of turnlane: Mr. Keeler reminded the Commission that Col. Washington had asked that the staff review this along with Highway Department input for possible improvements to the western left -turn lane on Route 250 West. He read the comments from the Highway Department and the recommended upgrading. Mr. Roosevelt also stated that no funds were available from the Highway Department to accomplish this, though he gave the estimation of $13,000 to $15,000 as the possible cost of construction. Mr. Keeler also advised the Commission that the Commission had approved the existing entrance subject to Highway Department approval. Mr. varr said that he does not understand the lack of funds from the Highway Department, but someone has to pay for the upgrading. Mr. Easter stated that since improvements are required of the private sector, he certainly feels they should be required of the County and state. Mr. Barksdale noted that since it would probably have been at the county's expense in the first place, he recommended the Commission adopt a resolution of intent to recommend to the Board of Supervisors that Route 250 West at the entrance to Western Albemarle High School be improved to provide both a left -turn lane and through lane for westbound traffic as recommended in a diagram by the Virginia Department of Highways and Transportation. Mr. Jones seconded the motion, noting that he wished the Highway Department would be more consistent in its requirements. The motion carried unanimously. M 138 ZMA-77-15. Joe W. Wright, III, and Frank Kessler - Wilder Tract: Mr. Keeler presented the staff report, and read the recommended conditions of approval to the Commission. He reviewed the changes made in the plan since the previous Commission meeting. Dr. Lawrence Rudnick stated that he feels approval of this request would drastically change the character of the neighborhood by increasing the traffic on Cottonwood Road, thus making it a hazardous street. He asked that the City of Charlottesville and all the residents of the Idlewood Subdivision have a chance to examine possible alternatives prior to approval. He presented apetition of opposition to the request. Dr. Moore asked if this plan had been to the City Planning Commission. Mr. Keeler replied that the plat would be submitted to the City Planning Commission, but the city staff has reviewed this plan and feels that Cottonwood Road is the most desirable route to be included in the approval of the rezoning. Mr. Easter asked if there is any safer and more practical access to this property. Mr. Keeler replied that there is not. Mr. Easter moved approval of ZMA-77-15 subject to the following conditions: 1. No dwelling units are to be built on slopes of 25% or greater witliout County Engineering Department approval of site work; 2. Water and sewer facilities to be approved by, and dedicated to, the Albemarle County Service Authority; 3. County Engineering Department and Highway Department approval of roads; 4. County Attorney approval of maintenance agreement for common space and recreational facilities; 5. Grading permit required prior to subdivison approval; 6. Dedication to Albemarle County of a 15 foot wide strip for future construction of a bicycle and pedestrian trail as shown on plat ( received September 12, 1977 ); 7. Uses in the flood plain of Meadow Creek shall comply to Article 9A of the Zoning Ordinance; 8. Removal of cul-de-sac at Cottonwood Road and restoration of disturbed areas; 9. Applicant shall submit two copies of a revised plan addressing changes recommended by the staff on lots 31, 36, 37, and 1. Mr. Gloeckner seconded the motion, which carried unanimously, with no discussion. ZTA-77-07. Wendell W. Wood and Albemarle Bank and Trust, Co., have petitioned the Board of Supervisors to amend the B-1 Business District of the Zoning Ordinance to provide for heli-pad as a use by special permit. AND SP-77-52. Albemarle Bank and Trust Co. has petitioned the Board of Supervisors to locate a heli-pad on 1.818 acres zoned B-1 Business. Property is located on the east side of Route 29 North across from the entrance to Berkeley Subdivision. County Tax Map 61, Parcel 134, Charlottesville Magisterial District. 1-37 Mr. Keeler advised the Commission that the two items would be considered simultaneously, since this has been the policy in the past for a zoning text amendment and accompanying special use permit. Mr. Keeler read into the record, at the time of the staff presentation, the letter from the Highway Department and the letter from the Four Seasons Townhouse Association, addressing the possible special use permit. Mr. Jones noted that this type of facility has been used in the heart of other cities for many years on building -tops. He said that such a use would not be a first for a congested area. Mr. Wood said that he wished to correct something in the staff report - that he himself had not taken the FAA on an "in -the -air" inspection for approach/ departure paths, obstruction clearance slopes, and emergency touchdowns, though the FAA has made an inspection. Mr. Gray, speaking on behalf of Mr. Wood, presented his credentials to the Commission on helicopters and heli-pads. He noted the possible uses for a helicopter, its safety, and generally discussed how a helicopter operates. He then presented a movie to the Commission and public on the safety aspects and uses of the vehicle throughout the country by various businesses. Mr. Wendell Wood introduced other speakers who would present data on the safety and uses of helicopters for business and pleasure use. Mrs. Howard, speaking on behalf of Mr. Wood, stated that she too is a licensed helicopter pilot and on the FAA Advisory Board. She stated that it is a safe mode of r+' transportation and addressed various situations in the Washington, D. C., area where it is used quite effectively as a business use. Mr. Don Bent, a resident of Berkeley, and representing the Berkeley Association, said that he feels there is not much need at this time for such a heli-pad in Albemarle County. He noted that this particular bank is only 10 minutes from the airport under normal circumstances. He felt that more people will be disturbed by the use than will benefit by the use. He noted that all the adjoining areas are residential in character. Mr. Gerry Tremblay, representing owners of Branchlands and the Montague/Miller tract, stated that he had heard no need for this use along with this business. He advised the Commission to consider what is being given up by adjoining property owners if the request is approved. Mr. Charles Getz, a resident of the area, agreed that approval of the requests would not afford any significant benefits to the community. Mr. Wood stated that there is a need for such a use along with the bank. He said that Albemarle Bank and Trust is the only bank in the area that does not have a one -day check clearance. This bank gets check clearance in 48 hours, and the heli-pad would afford the ability to cut this to one day. He said that the advantage of the heli-pad is point-to-point connection, which cannot be achieved with travel time to and from airports. He noted for the record that the noise level is lower than a next door neighbor cutting grass. Mr. Gray stated that in Grundy, Virginia, helicopter owners work our of their front yards. He noted that travel time in a helicopter from Charlottesville to Roanoke is 25 minutes, a real time saver, when compared to a small plane. Dr. Moore felt that such a use in this area was a clear danger to the public, and there is no offsetting benefit in this circumstance. He presented a report of comparison accident rates for a helicopter to a fixed -wing plane. He also noted that landing without an engine depends upon a combination of the speed and altitude. -\ There was a brief discussion about the improvements to helicopters in the last ten years. Mr. Gray pointed out that the number of helicopters across the country does not begin to number as many as the fixed -wing planes. He stated that is one thing that makes it appear to be more dangerous. Mr. Peatross questioned who would be flying this helicopter. Mr. Wood replied it would be a full-time pilot employeed by him. Mr. Gloeckner asked if this same pilot will be licensed to serve the police, rescue squad, etc. Mr. Wood replied that he would. Mrs. Graves questioned if there is an elevator in the building and also the kind of insurance necessary for such a use. Mr. Wood replied that there is an elevator, however itdoes not go all the way to the roof He also noted that insurance is mandatory by the state , and is geared to the pilot flying the helicopter. Col. Washington asked why the applicant is not interested in operating from the airport. Mr. Wood again stated that a helicopter is a point-to-point vehicle, and therefore a time saver. Mr. Carr advised the Commission that the question is first if the County feels approval of this request to amend the ordinance is good planning in light of some of the nuisance factors it permits. Mr. Barksdale moved approval of ZTA-77-07. Mr. Gloeckner seconded the motion. Discussion: Mr. Peatross said that he could not support the motion since it is premature for Albemarle County. Mr. Jones felt the ordinance should be amended, if only for a trial time -period. He felt the benefit of the facility and helicopter outweighed the slight amount of noise. He also stated that this experiment would be at the expense of the private sector. Dr. Moore stated that pilot error is the major cause of malfunction of the helicopter. He did not like the idea of its landing over a parking lot and next to a major highway. Mr. Gloeckner asked that the amendment to the ordinance be considered prior to any discussion of the site requested in SP-77-52. Mr. Easter said that the ZTA did not bother him, however he is not ready to resolve the question of the location in SP-77-52 in his mind. J *1 The vote on the motion to approve ZTA-77-07 lost by a vote of 4-5, with Mr. Carr, Mrs. Graves, Dr. Moore, Mr. Peatross, and Col. Washington dissenting. Mrs. Graves moved that the request for ZTA-77-07 be denied. Dr. Moore seconded the motion, which carried by a vote of 5-4, with Mr. Gloeckner, Mr. Barksdale, Mr. Easter, and Mr. Jones dissenting. Dr. Moore moved that SP-77-52 be denied. Mr. Peatross seconded the motion. The vote was 6-3, with Messrs. Jones, Gloeckner, and Barksdale dissenting. SP-77-53. Andrew Gmeiner has petitioned the Board of Supervisors for a Home Occupation Class B ( to service saws in an accessory structure) on 214.43 acres zoned A-1. Property is located on the north and south sides of Route 6, at the intersection of Routes 6 and 250 West before Afton Mountain. County Tax Map 69, Parcels 50 and 50A, White Hall Magisterial District. Mr. Keeler presented the staff report. Mr. John Royer was present on behalf of the applicant. He explained that this will probably be a temporary use until the applicant can find someone to take on these long-established customers he wishes to serve through this special permit. Mr. Jones moved approval subject to the conditions setforth in Section i 16-44-1 HOME OCCUPATION: Class B of the Zoning Ordinance. Mr. Gloeckner seconded the motion, which carried unanimously, with no discussion. The Albemarle County Planning Commission has adopted a resolution of intent to amend Article 15A - SIGNS - to provide for signs in the CO Commercial Office District and the CVN Conservation District. Mr. Keeler presented the staff report. Mr. Jones questioned why the amendment did not wait until the report of the sign committee. Mr. Keeler replied that some of those people who have CO zoning are ready to develop and some provision needs to be made for signs. Mrs. Graves questioned if this will cover previously approved CO site plans. Mr. Keeler replied that it would, since none of those people have applied for signs. Mrs. Selden stated that adjoining counties have much more restrictive sign o rdinances than what is recommended here or what is currently provided for in the County. ER Mr. Easter moved any action be deferred until September 27, 1977, when he learned that the Sign Committee had had no input on this proposed amendment. Mr. Carr asked that the staff contact Mr. Gleason and ask that any input his committee might have be submitted in writing to the staff and Planning Commission prior to September 27, 1977. Mr. Jones seconded the motion for deferral until this could be accomplished. The vote was 7-2, with Messrs. Barksdale and Gloeckner dissenting. SP-77-54. The City of Charlottesville has petitioned the Board of Supervisors to locate an outdoor pistol range to be used by the city and county police officers to comply with state mandated qualification requirements in accordance with Section 2-1-25(10) of the Zoning Ordinance on 29.32 acres zoned A-1. Property is located on the west side of Route 742 ( Avon Street Ext. ) just north of I-64. County Tax Map 77, Parcel 11, Rivanna Magisterial District. Mr. Keeler presented the staff report, and read the letter from the Highway Department into the record. Mr. Bowen stated the need for the facility, and responded to a question from Mr. Carr regarding possible use of Rivanna Rifle Club on the possible use of their facilities. He told the Commission that in order to use their facilities an extensive amount of work would have to be done at a great expense. Mr. Payne informed the Commission that when the city and county had negotiated with the Club that he had been under the impression that they were still negotiating. Mr. Bowen also informed the Commission that the Avon Street site is much more accessible. Mr. Stanley K. Joynes, III, representing the Willoughby Corporation, opposed the request due to upcoming residential development in the area. He felt such a use would present a safety hazard to the area. Mr. Bowen assured the Commission that several.hundred dollars will be spent to make the facility safe. Mr. Easter felt that if the facility were located properly on the 29.32 acres it would not be a hazard. He asked that the exact location be addressed at site plan level, if the special permit is approved. He moved approval subject to the following conditions: 1. Annual review by the Board of Supervisors; 2. Site paln approval; 3. County Engineer and Health Department review of grading. Mr. Barksdale seconded the motion for approval. 19 Mrs. Graves asked that the motion be amended to include Virginia Department of Highways and Transportation approval of the site plan. /'f 3 Mr. Easter and Mr. Barksdale accepted the amendment to the motion, which carried unanimously, with no further discussion. Since there was no further business, the meeting adjourned at 11:15 p.m. Rob t W. Tucker, Jr. - Secr tary MR