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HomeMy WebLinkAbout10 03 78 PC Minutes63 October 3, 1978 The Albemarle County Planning Commission conducted a meeting on Tuesday, October 3, 1978, 7:30 p.m., Board Room, Third Floor, County Office Building, Charlottesville, Virginia. Those members present were Mr. Peter Easter, Chairman; Mr. James Huffman; Mr. Layton McCann; Mr. Charles Vest; Col. William Washington, Vice -Chairman; Mrs. Norma Diehl; and Mrs. Joan Graves. Those members absent were Mr. Kurt Gloeckner and Dr. James Moore. Other Officials present Mr. Robert Tucker, Director of Planning; Mr. Ronald Keeler, Assistant Director of Planning and Mr. Fred Payne, Deputy County Attorney. Mr. Easter established that a quorum was present and called the meeting to order at 7:30 p.m. The minutes of September 26, 1978 were approved with corrections. ZTA-78-10. William F. Reaves Staff noted that the applicant requested withdrawal without prejudice. Mrs. Diehl moved for withdrawal of the request. Mr. Vest seconded the motion, which carried unanimously. SP-78-63. William and Caroline Reaves Staff noted that the applicant requested withdrawal without prejudice. Mr. Vest moved for withdrawal of the request. Mr. McCann seconded the motion, which carried unanimously. SP-78-61. Dale B. Jones Staff noted that the applicant requested withdrawal without prejudice. Mrs. Diehl moved for withdrawal of the request. Mr. Vest seconded the motion, which carried unanimously. SP-78-54. Mary S. Harrison - has petitioned the Board of Supervisors for a Home Occupation Class B on 6.56 acres zoned A-1. Property is located on the east side of Route 676, approximately 1.5 miles north of Route 250 West. County Tax Map 57, Parcel 73, Samuel Miller Magisterial District. Mrs. Harrison, the applicant, stated that the public does not come to her home. She noted that she is requesting Class.B.in order to hire a bookkeeper. 6Y Mr. Vest moved for approval subject to the following conditions: 1. Compliance with Section 16-44.1 Home Occupation Class B; 2. Virginia Department of Highways and Transportation approval of the entrance. Mr. McCann seconded the motion, which carried unanimously, with no further discussion. SP-78-55. Walter H. Johnson - has petitioned the Board of Supervisors for a public garage on 0.64 acres zoned A-1. Property is located on the east side of Route 631 ap- proximately 1200 feet north of Oak Hill. County Tax Map 76, Parcel 52B, Scottsville Magisterial District. Mr. Johnson, the applicant, stated that he also owns the adjoining lot and has two driveways with access inlets. He noted that. he would like very much for someone to come out and look at his property. Mr. Stevens, an adjacent landowner, noted that this area is currently a quiet residential neighborhood and he fears that if this public garage is allowed to open it will be the start of additional commerical growth in this area. Mrs. Graves moved for denial of the special permit. Mrs. Diehl seconded the motion. Mr. McCann noted that he felt Mr. Johnson would run a clean operation, but he would have to support Mrs. Graves motion for denial. The motion for denial carried unanimously with no further discussion. ZMA-78-16. Mary G. Wells - has petitioned the Board of Supervisors to rezone 2.65 acres from R-2 Residential to A-1 Agriculture. Property is located on the south side of Route 651, approximately 750 feet west of the Southern Railroad. County Tax Map 61, Parcel 159, Rivanna Magisterial District. Mrs. Wells, the applicant, noted that she needs the rezoning in order to located a mobile home on her property. She noted that the mobile home is needed for a cousin who is retarded and is currently living in a dilapidated dwelling on the property. Mr. Vest stated that a mobile home would be more attractive to the area than the dwelling that is located on the property now. Mrs. Diehl noted that she had been out to look at the property and mobile homes are located in this area. Mr. Easter noted that he is personally opposed to spot zoning, but since there are other mobile homes located in this area he could not oppose the mobile home. Col. Washington asked that if the rezoning was approved could the mobile home be approved at a later date as a use by right. Mr. Keeler stated that placing a mobile home on this property is not a use by right. Mr. McCann stated that he would not object to adding a condition to the approval that if the mobile home is abandoned for three monthsor longer the special permit would be void. Mr. Huffman asked if the petition had been approved, with letters of opposition having been sent to the Planning Department would this approval hold up in Court. Mr. Payne stated that spot zoning is not legally wise. Mrs. Graves moved for approval. Mr. Vest seconded the motion, which carried with a vote of 6-1. Col. Washington dissented. There was no further discussion. SP-78-56. Mary G. Wells - has petitioned the Board of Supervisors to locate a mobile home on 2.65 acres zoned R-2 (proposed to be zoned A-1). Property is located on the south side of Route 651 approximately 750 feet west of the Southern Railroad. County Tax Map 61, Parcel 159, Rivanna Magisterial District. Discussion for this special permit was included in Mary Well's rezoning request. Mr. McCann moved for approval with the following conditions: 1. Compliance with Section 11-14-2; 2. If the mobile home has been abandoned for a three month period of time the speical permit will be void. Mr. Vest seconded the motion, which carried unanimously with no further discussion. SP-78-58. Dr. & Mrs. Daniel Josephthal - have petitioned the Board of Supervisors for a riding stable on 111+ acres zoned A-1. Property is located on the north side of Route 614 at the intersection of Routes 678 and 614. County Tax Map 42, Parcels 40D and 40F. White Hall Magisterial District. Mrs. Diehl asked if pine needles (Condition #6) would be slippery for use in a riding ring. Mr. Tucker noted that he knew of instances where pine needles have been used on riding rings to prevent erosion. Dr. Josephthal, the applicant, noted that he was concerned with Mr. Coburn's, Depart- ment of Highways, suggestions with regard to the entrance to his property. He commented that there will only be 20 students on the road at.tlTe most on a good day. Mr. Keeler commented that the vegatation on both sides of the road will have to be cut down and the road will have to be 30 feet wide in order to obtain a Commercial Entrance Permit. Dr. Josephthal stated that cars will be using the road frequently and vans would seldom enter the road. He noted that he is concerned with changing the road plan. Mrs. Graves asked if the Soil Conservation Service had checked in to the problem with soil erosion, since nothing grows where horses are kept. Dr. Josephthal noted that the riding ring is an established ring for private use and *tm soil erosion around the banks of the ring has been approved. Col. Washington stated that he does not feel this is an agricultural use and will support the Highway Department's recommendations. Mr. Huffman asked if a show given to show learning skills is similar to a neigh- borhood schooling show. Mr. Josephthal noted that they are similar. Mr. Huffman noted if this was the case then he would have to support the Highway Department's recommendations for a commercial entrance. Col. Washington moved for approval with the following conditions: 1. Planning Commission approval of site plan; 2. Health Department approval in accordance with requirements for commercial use; 3. No commercial activity except those associated with a public riding stable; 4. Fences maintained at all times; 5. Virginia Department of Highways and Transportation approval of a commercial entrance; 6. All riding ring surfaces shall be covered with a material to prevent erosion (e.g., pine needles, pine bark, etc.). Mr. Huffman seconded the motion which carried unanimously with no further discussion. SP-78-64. Central Virginia Health Facility - has petitioned the Board of Super- visors to locate a sewer package treatment plant on 3.4 acres zoned R-2. Property is. located on the west side of Route 240 at Powell Creek in Crozet. County Tax Map 56Af2), Parcel 7, White Hall Magisterial District. Col. Washington withdrew from the meeting, as his property will be served by the facility. 1140) Mr. Eaton, an adjacent landowner, commented that he has some reservations for using a relative new system. He noted that he is not opposed to the plant itself, but would like for it to be used for the old Crozet Sewer Company customers and without any further expansion. He stated that he is in favor of the sewer problem in Crozet being cleared up. Mr. Howard, an adjacent landowner, noted that he feels the hookups should only be to houses with an existing sewer problem, with the exception of the Health Facility. He commented that he is concerned with the odor problem. Mr. Teasley, the applicant, noted that the only odor from the treatment plant is a slightly earthy smell. He noted that there are methods to eliminate the noise from the compressor. Mr. Howard noted that he is guilty of dumping raw sewer into the creek. He stated that the adjacent landowners should be allowed to hookup to the facility. Mrs. Mawyer, an adjacent landowner, noted that she would support Mr. Eaton's suggestion that the plant not be expanded. Dick Robertson, Fidelity American Bank, commented that he agrees with the other adjacent landowners concerning conditional hookups. Mrs. Graves asked if anyone knew how many homes were dumping sewage into the creek. ��7 Mr. Cheavacci, Health Department, noted that there are five homes that are dumping wash and sink water into the creek; none of them are dumping raw sewage in the creek. Mr. Easter asked if expanding Condition #7 to allow for no further expansion of the plant would be a hardship on the applicant. Mr. Wilcox, the applicant, stated that it was his understanding there would be no further expansion of the plant. His understanding was that in order to expand the plant he would need to apply for another special use permit. Mrs. Diehl asked how many hookups would be over and above the regtested amount to reach the system's capacity. Mr. Thompson, Albemarle County Service Authority, noted that 1,200 of the.gpds, will be used by the convalescent center. He commented that it is hard to estimate, but he would say approximately 21,800 gpd would be capacity. Mrs. Graves asked if a fee would be charged for hookup to the new system. Mr. Thompson, Service Authority, stated there will be a connection fee; which is the same as the fee charged to other Service Authority customers. Mr. Easter stated that he feels this plant is very good for the County and will help clear up the sewage problem in Crozet. Mr. McCann moved for approval with the following conditions: 1. Site plan approval including screening from adjacent properties by landscape plantings, earth berming, and/or opaque fencing; 2. County Engineer review to insure that plant is not located in flood plain or otherwise prone to flooding; 3. Approval of appropriate federal, state, and local agencies. The Albemarle County Service Authority shall request such agencies to emphasize in their reviews the minimization of odors and noise generated by the plant; 4. The plant shall be located below existing ground level to the maximum possible extent provided such location will not be contrary to Condition #2; 5. The plant and all appurtenances shall be dedicated to the Albemarle County Service Authority and operated thereafter in accord with the Rivanna Water and Sewer Authority's four -party agreement; 6. The plant and all appurtenances shall be constructed by the applicant at his expense in accordance with plans approved by the Albemarle County Service Authority; 7. Connections to the package plant shall be limited to the proposed convalescent home, exisiting connections to the Crozet Sewer Company, and three on -site connections to the existing triplex; no further expansion shall be allowed without an amendment to this special permit; 8. Connection shall be mandatory for all Crozet Sewer Company connections unless some other approved means of sewage disposal could be provided; 9. Approval is contingent upon acceptance of the system by the State Water Control Board and Virginia Department of Health as an interim measure until the Crozet interceptor is operational; 10. The package plan shall be removed when the Crozet interceptor becomes operational. Mr. Huffman seconded the motion; which carried unanimously with no further discussion. Old Business - Bishop Hill Final Plat Mr. Keeler noted that Mr. Morris Foster had redrawn the plat in order for the lots 6d in Bishop Hill to be square in shape. Mr. McCann moved for approval. Mr. Vest seconded the motion which carried uanimously, with no further discussion. Old Business - Shadwell Mountain Final Plat (Amendment) Mr. McCann withdrew from the meeting. Mr. Keeler noted that the purchaser wants to construct an additional dwelling on lot 11. Mrs. Graves moved for approval with a note on the plat that states: "Two dwellings may be constructed on Lot #11. Mr. Huffman seconded the motion; which carried unanimously, with no further discussion. New Business - Scenic Rivers Committee Progress Report Mrs.Diehl. reported that the Scenic Rivers Committee have established criteria for developing a zoning ordinance for scenic rivers. Currently they are doing a survey of the rivers in the County for compliance with this criteria. New Business - Public Garages Mr. Keeler noted that the public garages appears only in the A-1 zone and includes anything that can possibly be done to vehicles. He stated that the staff requests a resolution of intent to change the wording in the Zoning Ordinance to do away with selling and/or rental of vehicles. There was no further discussion and the meeting adjourned at 10:00 p.m. _4 & v 111 . % _ —- W. Tucker, Jr. - ecre 19