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Home My WebLink About12 04 78 PC MinutesDecember 4, 1978 The Albemarle County Planning Commission conducted a meeting on Monday, December 4, 1978, at 4:00 p.m. in the Board Room of the County Office Building to discuss the draft proposal of the Albemarle County Zoning Ordinance. Those members present were Mr. Peter Easter, Chairman; Col. William R. Washington, Vice - Chairman; Mr. Kurt Gloeckner; Mrs. Norma Diehl; Mr. Charles Vest; Mr. James Huffman; Mrs. Joan Graves. Absent were Mr. Layton McCann; Dr. James W. Moore; and Mr. Tim Lindstrom, ex-Officio. Others present were Mr. Robert W. Tucker, Jr. - Director of Planning; Mr. Ronald S. Keeler - Assistant Director of Planning; Ms. Mason Caperton - Planner; and Mr. Frederick W. Payne - Deputy County Attorney. Mr. Easter called the meeting to order at 4:10 p.m. after establishing that a quorum was present. Mr. Easter thanked the Planning Commission for its attendance and noted the schedule of meetings and hearings for the coming weeks devoted to the review of the draft proposal of the zoning ordinance. He said that hopefully with everyone's input the Zoning Ordinance will allow for implementation of the Comprehensive Plan. He said that he is aware that some of the Commission members are concerned about the deadline for the completion of the review, however reminded the Commission that the Board is scheduled to review the coming year's fiscal year budget in February. Mr. Easter felt that the schedule for the review of the ordinance is enthusiastic however he did not feel it would be appropriate to cut off meetings without adequate and proper input from the public and the Commission. Mr. Easter stated his desire for the Commission to recommend a revision to the Zoning Ordinance and hoped it will be good for the county. He expressed concern that it not be tabled like the previous proposed revision. Mr. Easter asked for the Commission's indulgence on typographical erros, misspellings and editorial comments and asked that they be presented in writing to the staff. Instead, he asked that the Commission address the substance of the text. Mr.. Tucker advised the Commission that the public hearing originally scheduled for December 11, 1978, will not be held due to an advertising error caused by the Daily Progress. There was discussion about the date on which the public hearing should be held and it was the opinion of the Commission that it should not be Christmas week due to the fact that many folks will be out of town. It was decided that a public meeting would be held on the llth of December, and Mrs. Diehl urged that the public be aware of the fact that any information they presented would become part of the public record. The Commission decided by a consensus that January 2, 1979 would be the best date for the public hearing. The Commission also discussed whether to send a revised ordinance to the Board or whether to send an addendum of recommended changes. Mr. Tucker informed the Commission that the Board prefers to have an addendum of recommended changes. Mrs. Graves noted that she is concerned with the substance even more than the philosophy. Col. Washington suggested piecemeal public hearings addressing specific areas. .fir. Payne said that it is difficult to divorce the sections that easily, especially becauseof the orientation of some of the parcels. Mrs. Diehl again mentioned that she would like the public informed that the input received the llth of December would become part of the public record. r.:Ikl�) For information, Mrs. Graves reminded the Commission members that the various citizen groups had employed KDA to make a presentation on the ordinance at Jack Jouett School on December 13 at 7:30 p.m. She felt it would be helpful for as many Commission members as possible to be present in order for the public to know they are interested. The Commission and staff made the following changes and noted these would be part of the recommended amendments to the proposed revision of the zoning ordinance: Page 2 Sec. 1.4.4 Add solid waste disposal after sewerage Page 2 Sec. 1.4.5 Delete until Historic District is adopted Page 3 Sec. 1.7 Add District "call letters, " i.e. VR, RR, etc. in front of appropriate districts Page 5 Sec. 2.1.1 Rewritten to read: No building or structure or part thereof shall hereafter be constructed or land used excpet in conformity with all of the regulations herein specified for the district in which it is located, except as provided in Article 7.0 Page 5 Sec. 2.1.4 Use word parcel(s) in lieu of word area(s) where appropriate Page 6 Sec. 2.1.5 Board of Zoning Appeals should be substituted for Planning Commission Page 6 Sec. 2.2.2 -In title, replace "AVERAGE" with "MAXIMUM"; and amend Table of contents -Rewritten to read: The maximum size for cluster development lots shall not be greater than the minimum cluster lot size plus one half the difference between the minimum cluster lot size and the standard level lot size for the particular district except where, because of soils or other conditions directly related to public health, local health department requirements necessitate a greater average lot size. ( It. was here that Mr. Tucker explained that clustering is an alternative in this zoning ordinance to the conventional subdivision, except in the Best Agricultural Soils Overlay ) Page 6 Sec. 2.2.3 Delete phrase "... or areas classified as having permanent or seasonally high water tables." Page 7 Sec. 2.2.4 Change title to read: Uses Permitted in Open Space and amend Table of Contents Page 7 Sec. 2.2.6 Misspelling "Albemarle" Page 7 Sec. 2.2.5 Delete word "standard" on last line Page 7 Sec. 2.2.7 Rewritten to read: Cluster open space may be dedicated to public use, subject to acceptance on behalf of the county. If such open space is not to be dedicated to public use, shall be protected by legal arrangements sufficient to ensure its maintenance and preservation for the purposes for which it is intended. Such arrangements shall be made and may be modified only in accordance with Section 18-7 of the Albemarle County Subdivision Ordinance. l,, 3` Page 8 Sec. 2.4 Deleted first paragraph and rewritten second paragraph to read: Whenever provisions within this ordinance conflict with any local, State or Federal statute or regulation with respect to requirements or standards, the most severe or stringent requirement or standard shall prevail. Page 8 Sec. 2.5 Change title of section to read: INTENT OF BONUS LEVEL PROVISIONS Page 9 Sec. 2.5.3 -First paragraph rewritten to read: Bonus factors are to be added to the Gross Density in accordance with Standards contained in district regulations. -Second paragraph: delete word "level" -Third paragraph: replace "levels" with "factors" -Fourth paragraph: replace "levels" with "factors" Page 9 Sec. 2.5.4.1 Replace word "level" with "factor"; Insert word "or" between words "approval" and "the"; and add to end of sentence: "..., whichever is greater." Page 9 Sec. 2.5.4.2 Rewrite to read: In thecase of either subdivision or site plan applications, applicants are required to submit sketch plats or schematic master plan in sufficient detail to permit preliminary determinations of probable bonus for county staff review and comment prior to submission of subdivision plats or site development plans. Page 9 Sec. 2.6 Add: "... disposal fields where public sewer is not reasonably available." Page 10 Add Section 3.0 PLANNED DEVELOPMENT DISTRICTS to conform with other major sections. Page 10 Sec. 3.1.1 Last paragraph, 5th line: delete "... close relationship ( either in distance or in time )" and replace with "... short travel time..." There was also a brief discussion regarding the meaning of PDR's. Mr. Tucker advised the Commission that it is a type of zoning somewhat like RPN's. The Commission decided that it would be appropriate to discuss this type of zoning at the next work session. Mr. Gloeckner did state that he does not favor rezonings with a plan - in his opinion a type of zoning is either appropriate or inappropriate to a parcel of land and has nothing to do with a plan. With no further discussion on the zoning ordinance, the meeting was adjourned at 6:25 p.m. In In I VV • �% " c� rt W. Tucker, Jr. - S M W 14�