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HomeMy WebLinkAbout09 05 78 PC Minutes23 September 5, 1978 The Albemarle County Planning Commission conducted a meeting on Tuesday, September 5, 1978, in the Board Room of the County Office Building, Charlottesville, Virginia. Those members present were Mr. Peter Easter, Chairman; Col. William R. Washington, Vice -Chairman; Mr. Layton McCann; Mr. Kurt M. Gloeckner; Dr. James W. Moore; Mr. Charles Vest; Mrs. Joan Graves. Absent were Mrs. Norma A. Diehl and Mr. C. Timothy Lindstrom, ex-Officio. County officials present were Mr. Robert W. Tucker, Jr., Director of Planning; Mr. Ronald S. Keeler, Assistant Director of Planning; and Mr. Frederick W. Payne, Deputy County Attorney. Also present was Mr. James L. Huffman. Mr. Easter established that a quorum was present and called the meeting to order. Minutes of March 7, 1978, were approved as submitted. Mr. Easter stated that he was in receipt of a letter from Blue Ridge Homebuilders requesting deferral of an item that would appear on the September 12, 1978, agenda, addressing off -site and on -site drainage facilities, until a later date in order that the public could have an opportunity to discuss some matters with the staff. Mr. Easter said that the appropriate time to address this would be at the September 12 meeting, however the Commission should be aware that this would come up at that time. SP-78-42. Ann Robins Haskell and Motorola Communications and Electronics, Inc., have petitioned the Board of Supervisors to locate a 2-way radio communications tower and building which will co -exist with present use on 234.165 acres zoned A-1. Property is located on Carter's Mountain behind Michie Tavern near exist- ing radio towers. County Tax Map 91, Parcel 28, Scottsville District. Mr. Keeler presented the staff report. ( Mrs. Graves entered the meeting. ) Mr. Keeler also presented a letter of support for the application from Mr. Fred Scott. He then read the comments from the Highway Department with the recommendations for road upgrading. ( Col. Washington entered the meeting. ) Mr. Gus Brame, present on behalf of Motorola Communcations, said that Motorola currently uses the road about 12% of the time, and that with the approval of this special use permit their use would increase to about 30% of the time. He felt that Motorola should not be responsible for road improvements, since they sub -lease the p rope rty . There was no public comment on the special permit. Mr. Easter closed the public hearing. He noted that he feels this is an important use and a good use, since the number of customers reduces the number of towers, lights, etc. scattered across the county. However he did acknowledge the conflict between Mr. Haskell and Mr. Conte on the road improvements, the problems Michie Tavern has had in attempting to implement its site plan. Mr. Gloeckner suggested that since Motorola is currently a tenant on the mountain, that perhaps the road improvements should come with a new tenant. 2� He felt that might be :the appropriate time to straighten the road to the top of the mountain. Mr. Easter suggested deferring action on the special permit in order that Mr. Haskell, Mr. Conte, the University of Virginia representative, and the staff get together to discuss a solution for the road. Mr. Gloeckner advised the Commission that he had done a cost estimate and study on the relocation of the road in question and the cost would be approximately $125,000. Therefore, he said he is unsure that anything can be resolved through the meeting since this has been a controversy for over two years. Mrs. Graves moved deferral until September 19, 1978, in order that the meeting suggested by Mr. Easter could take place prior to any further Planning Commission action. Dr. Moore seconded the motion, which carried unanimously, with no further discussion. SP-78-49. Jefferson Professional Institute and the Holden School of Art and Design have petitioned the Board of Supervisors to locate an office and private school of art and business on 1.42 acres zoned B-1. Property is located on the south side of Route 250 West approximately 4 mile east of the Route 250 interchange. County Tax Map 60, Parcel 38, Jack Jouett Magisterial District. Mr. Keeler presented the staff report, noting that this is before the Commission because schools of special instruction are by special permit in the B-1 zone. in Mr. Bill Perkins, on behalf of the applicant and the owner, stated that he is^possession of a letter from Mr. David Carr stating that the parking is adequate to date. There was no public comment and Mr. Easter closed the public hearing. Mrs. Graves established that the school had moved from the Rinehart property to this property. Mr. Gloeckner moved approval subject to the following condition: 1. Verification that parking is adequate for uses in this building. Mr. Vest seconded the motion, which carried unanimously, with no further discussion. ZTA-78-09. Isotemp Research, Inc. has petitioned the Board of Supervisors to amend the B-1 zone of the Albemarle County Zoning Ordinance to provide for light electronic hand assembly of components, small parts or sub- assemblies for different types of electronic equipment to include pre - manufactured printed circuit boards, semi -conductors, quartz crystals, crystal holders, electronic instruments and the like. 9 Z5 Mr. Keeler presented the staff report, noting that this use is much Tess intensive than many uses provided by right in the B-1 zone. He noted that this use is provided by right in the M-1 zone, which is intended to be compatible to residential areas. He suggested that the staff feels it appropriate to make this a "by right" provision in the B-1 zone, and use the same wording as that which appears in the M-1 text, with the addition of "and testing". Mr. Lloyd Tignor was present on behalf of Isotemp and showed some of the end products of the operation to the Planning Commission. Mrs. Graves questioned if there is any electrical interference with this operation. Mr. Tignor said that there would be none. Mr. Goorle Love suggested the Commission adopt a broad definition, since this is a good kind of business for the community and assembly is very different from testing. Mr. Easter closed the public hearing, since there was no further public input. Dr. Moore said that he is familiar with the operation in the city, and doubts that any of the neighbors even know the operation is there. However he said that the only problem with this request might be with loosening the provisions of the zoning ordinance. Mrs. Graves said that she likes the idea of control over re -locations of businesses which a special permit gives, especially since the special permit level is the only time the county would see the operation,and what is planned. She noted that no site plan would be required if there is an existing entrance. Mr. Walter Gala said that the Happy Clam is next door and it has more customers than Isotemp. Mr. Tucker explained to the Commission that if there is inadequate parking with a business re -location, a site plan is required, regardless of an existing entrance. Mr. Gloeckner said that he is inclined to let this be a use by right, just as with the similar application not so long ago. Mr. McCann agreed, stating that there is not that much usable M-1 land available. He moved that Section 7-1-48 be included in the B -1 section of the zoning ordinance as a use by right: Section 7-1-48: Assembly and testing of electrical appliances, electronic instruments and devices, radios and phonographs. Also the manufacture of small parts such as coils, condensors, transformers, and crystal holders. Mr. Gloeckner seconded the motion. Mrs. Graves said that she cannot support the motion, since there is no acreage requirement for any use in the B-1 zone; she felt that the special permit affords the control that is necessary. Dr. Moore agreed. Mr. Keeler stated that there is some control, since anytime there is a new z4 use, there is a new entrance and a site plan will be required. Also if existing parking is inadequate, a site plan will be required. The motion to approve the use by right carried by a vote of 7-1, with Mrs. Graves dissenting. SP-78-53. Isotemp Research, Inc. has petitioned the Board of Supervisors for light electronic assembly of pre -manufactured electronic devices on 3.71 acres zoned B-1. Property is located on the southeast side of Route 29 North adjacent the city limits. County Tax Map 61A, Parcel 03-2, Charlottesville Magisterial District. Mr. Keeler presented the staff report, and read the comments from the Highway Department, with their suggested road improvements. He further noted for the record that it has been only one year since the entrance was upgraded due to the Claire Burke use and the county has only recently released that bond for road work. Mr. Lloyd Tignor, on behalf of Isotemp,, explained the status of the arrangements for use of this property by Isotemp. Mr. Walter Galla said that not all thirty employees of Isotemp will work on the same schedule, therefore the use of the entrance of the road would be staggered. There was no public comment. Mrs. Graves questioned if the Planning Commission would see a site plan, since the conditions of approval recommended by the staff state staff approval of the parking plan. Mr. Keeler replied that no site plan would be presented to the Commission unless the parking is inadequate. Mr. McCann moved approval of the special use permit subject to the following conditions: 1. Staff approval of parking plan; 2. Approval of appropriate state and local agencies. Mr. Gloeckner seconded the motion, which carried unanimously, with no discussion. SP-78-50. The Albemarle County Service Authority has petitioned the Board of Supervisors for the expansion of the Camelot Treatment Plant on 1.23 acres zoned M-1 Industrial Limited. Property is located on the north side of the North Fork of the Rivanna River approximately 1000 feet east of Route 29 North. County Tax Map 32, Parcel 5D, Rivanna Magisterial District. Mr. Keeler presented the staff report, reading the following revised conditions of approval: 27 1. Approval of appropriate local, state, and federal agencies; 2. Capacity to be used only within those areas recommended as Jurisdictional Areas by the Planning Commission in January, 1978; 3. Tax Map 20, Parcel 19 should be excluded; 4. Approval is not to be deemed as approval of any subsequent rezoning or development requests on these properties. Mr. Keeler noted for the record that it was not clear until today that the parcels will be tied contractually to this proposed expansion. When questioned by the Commission, Mr. Tucker explained the Board has not taken action on the jurisdictional areas because they would prefer all the detailed land use maps, village and community plans, etc. to be completed prior to that action. Mrs. Graves questioned if the Meadow Creek Plant is to be replaced by the Advanced Wastewater Treatment Plan. Mr. Keeler replied that it is. Mr. Thompson further explained that no pumping will occur at Meadow Creek. He felt it important for the Planning Commission to know that the Albemarle County Service Authority is not placing any funds into this proposed improvement and expansion of the Camelot plant. He said that the Authority wants the capacity to run with the land and its use, not with an individual or individual owners. The expansion is not to be used as a crowbar for numerous rezoning applications. He re -iterated the capacity requested and compared it to the existing. Mrs. Graves questioned the difference with the addition or deletion of University Village development. Mr. Thompson responded that it makes no difference to the Service Authority, since the applicant had to participate in the expansion in order for the development to be permitted. Mr. Goode Love questioned if there will be any lines for future tap-ons. Mr. Royce Graham said that there will be no lines for tap-ons, only capacity at the plant itself. Mr. Wendell Wood reminded the Commission that the expansion will be at no expense to the public. He said that Camelot was the first PUD in the County with its own sewer, etc. Mr. Wood stated for the record that there is a trunk line in the area and it is in the existing jurisdictional area of the Albemarle Service Authority. As far as excluding any parcels, he said that this is the first time he has heard of the omission of Tax Map 20, Parcel 19, and noted that he has been negotiating with the Authority for the past six months. He also agreed that he understands that this is no guarantee of future rezonings. Mr. Goode Love said that this expansion is important to the area and the boundary lines should not be arbitrary. The expansion should be to the good of the area, and noted that this area is growing, especially with. the Hollymead area proposed for an area of expansion in the Comprehensive Plan. The growth, in Mr. Love's opinion, should take place with public utilities. Mr. Fred Landess said that he was present on behalf of General Electric and there is a concern for time, since they plan to open in early November. Mr. Easter closed the public hearing, with no further public input. Mr. McCann questioned the purpose of condition #3. Mr. Keeler replied that this is an attempt to have the Planning Commission be consistent in its action ( pointing to the jurisdictional areas approved in January, 1978 ) and this deletion would comply with the original recommendation to the Board. He said that it would be difficult, in the same fashion, to create a jurisdictional area, and then deny that area service. The chairman then recognized Mr. Wood, who stated that it is not economical to expand more than what is proposed that night. Mr. McCann said that if the developer is willing to absorb the entire expense of the expansion, he sees no reason to so strictly define the jurisdictional area. Mrs. Graves said that an amendment to the Comprehensive Plan would be necessary if the jurisdictional area is expanded. Mr. Payne said that the Commission may, if it approves the special permit, want to delete condition #3 as recommended by the staff, and that way the developer would be able to use the expansion for a portion of the parcel that is within the jurisdictional area. Mr. Gloeckner questioned the 500' strip into that one parcel. Mr. Thompson said that the purpose had been to serve people on both sides of the road through that 500' strip. Mr. Gloeckner said that he sees no reason to strip that one piece of property. Col. Washington said that he does not remember discussing the Camelot Plant in connection with the discussion of the jurisdictional areas. But pointing to the map, he suggested that the crest with the two streams would be the appropriate boundary for the jurisdictional area. Mr. Gloeckner said that there is gravity flow to the edge of the property and the 447 acres should be included, especially since a lot of that acreage is so steep that it is unusable. He suggested deleting both conditions 2 and 3 as presented in the staff report. Mr. Payne said that it does not make that much difference, since it is ultimately dependent upon the Board's action on the jurisdictional area. Mr. Gloeckner moved approval of the special permit subject to the following conditions: 1. Approval of appropriate local, state, and federal agencies; 2. Approval is not to be deemed as approval of any subsequent rezoning or development requests on these properties. Mr. McCann seconded the motion, which carried unanimously. Mrs. Graves said that she supported the motion since the county is already committed to General Electric and University Village. 9 z9 SP-78-60. The Jaycees and Charles W. Hurt have petitioned the Board of Supervisors for an annual event ( circus ) on 11.67 acres zoned B-1. Property is located on the south side of Route 250 East approximately 600 feet south of Locust Grove, and behind the mobile home and used car sales lot. County Tax Map 78, Parcel 17D, Rivanna Magisterial District. Mr. Keeler presented the staff report, noting that the recommended conditions of approval are similar to those posed on Foxfield Steeplechase. Mr. Easter noted for the record that this special permit would keep the Jaycees from coming to the county every year when they hold their circus event. Mr. Keeler agreed that this was correct. Mr. David Kunapelsky was present on behalf of the Jaycess to answer any questions. Mr. McCann asked who picks up the cost of the deputies present to direct traffic. Mr. Kunapelsky said that the Jaycess pick up the tab since this is done on the off -duty hours of these deputies. Mr. Gloeckner suggested -notification to the Rescue Squad 30 days in advance of the event. Col. Washington suggested a condition addressing collection of trash after the event. Mrs. Graves moved approval of the special permit subject to the following conditions: 1. All signs, both on- and off -site, advertising the circus, and trash between Route 250 and the site, shall be removed within 48 hours after the event; 2. Notification in writing to the Sheriff and the Rescue Squad 30 days prior to the event; 3. Health Department approval of food services and restroom facilities; 4. Approval of appropriate state and local agencies. Mr. McCann seconded the motion, which carried unanimously. The Albemarle County Board of Supervisors has adopted a resolution of intent to amend Section 16-31 ( definition of "family" ) of the County Zoning Ordinance. Mr. Keeler presented the staff report. He said that this had arisen because of unrelated persons living together in Buckingham Circle and Berkeley. He also said that since the situation in Buckingham Circle is under litigation, the Commission and staff should not address particular situations. Mr. Payne explained that this amendment would make the R-1 and RS-1 zones more limited to "family" in the conventional sense. He said that if the Commission adopts the staff's suggestion, he has some suggested wording changes. Furthermore, he said - that he has some alternatives that would allow more .flexibility and noted that there would be different limits in the various zones. 30 Mr. McCann said that he is concerned about defining size in one zone and not in another. Mr. Easter said that this problem has arisen due to the number of unrelated persons living together, therefore creating a nuisance with traffic, noise, etc. �r Col. Washington suggested finding another term for what is addressed under item "c" of the definition, and defining family in the conventional sense. Mr. Gary Allen said that the important thing is for the Commission to maintain the intent of the R-1 zone where only single-family units are used for families in the conventional sense. Mr. Makielski agreed that this should be the primary intent, noting that he prefers a strict interpretation of the definition of "family" in the R-1 zone. Mr. Laurence Pettit said that the Planning Commission has an obligation to ensure that the R-1 zone is for single-family units only, and not for dwellings for unrelated persons. Mr. Easter closed the public hearing, since there was no further comment from those present. Mr. Easter said that he feels this is rather straight -forward since all item "c" does is limit the situation to an individual/nurse situation or 2 or more persons related as in item "b" in the R-1 and RS-1 zones. Mr. Gloeckner suggested that the wording be as simple as possible. Mr. Payne read several other alternatives to the Commission. Mr. Gloeckner said that he does not object to the common law definition of "family." Dr. Moore said that he favors separating the unrelated persons into another category and retaining the common definition of "family." Mr. Easter said that a definition like this does prevent new uses for unrelated persons in some zones; he noted that there is a need for "c" in the A-1, R-3, and R-2 zones, but not in the R-1 and RS-1 zones. Mrs. Graves said that she agrees to some extent, but hates to see the A-1 zone as a catch-all. Mr. Keeler said that there have been very few problems with the existing definition and he anticipates few problems with whatever definition the Commission adopts. Mr. Easter questioned if the Commission agrees that "family" should include "a" and "b" as proposed, but with a different category to be established for "c". Mr. Tucker adivsed the Commission that if this is the intent, it would be appropriate for the Commission to adopt a resolution of intent to direct the staff to bring something to them at a later date for a public hearing. 1414) Mr. McCann moved approval of Section 16-31 to be amended as follows: 31 Section 16-31 Family: (a) an individual; or (b) two or more related by blood, marriage, adoption, or guardianship, and/or not more than two unrelated persons living together as a single housekeeping wait in a dwelling or dwelling unit. Mr. Vest seconded the motion, which carried unanimously. Mr. Easter then expressed concern that in the future anyone wishing to rent their house in the A-1 zone to three unrelated persons would not be possible. This point was never completely cleared up. There was then a long discussion on the number of people limited to each zone in terms of the definition. Mrs. Graves moved that the Commission reconsider the resolution of intent. Mr. Gloeckner seconded this motion, which carried unanimously. Mrs. Graves questioned when and how this definition will be enforced. Mr. Easter felt it would be enforced only when there is a problem, perhaps brought to the attention of the Zoning Administrator. Mr. McCann suggested changing the wording under "b" to "one unrelated person" as opposed to "two unrelated persons". Mr. Easter said that if this is done, it will be necessary to take what was proposed by the staff in "c" and work with it in terms of the A-1 zone. Mr. McCann then moved that Section 16-31 be recommended to the Board as follows: Section 16-31 Family: An individual or two or more persons related by blood, marriage, adoption, or guardianship, and not more than one unrelated persons living together as a single housekeeping unit in a dwelling or dwelling unit. Dr. Moore seconded the motion, which carried by a vote of 7-1, with Mr. Vest dissenting. unanimously The Commission then/adopted a resolution of intent, upon the motion of Mrs. Graves and second of Mr. Huffman, to amend the Zoning Ordinance to address unrelated persons living together in the A-1, R-3, and R-2 zones. New Business: Mrs. Graves then moved that the Commission adopt a resolution of intent to provide for conditional or "proffered" zoning by amending Section 14 of the Zoning Ordinance, by adding Sections 14-5 through 14-5-5. Dr. Moore seconded the motion, which carried unanimously, with no discussion. With no further business, the Commissioh adj 'urnec at :10 p.m Rob rt W. Tucker, J . - Secr tart'