HomeMy WebLinkAbout12 18 78 PC MinutesDecember 18, 1978
The Albemarle County Planning Commission conducted a meeting on Monday,
December 18, 1978, 4:00 p.m., Board Room, County Office Building, Charlottesville,
Virginia. The purpose of the work session was to discuss the text of the proposed
zoning ordinance.
Those Commission members present were Col. William Washington, Vice -Chairman;
Mr. Kurt M. Gloeckner; Mr. Layton McCann; Mrs. Joan Graves; Mrs. Norma A. Diehl;
Dr. James W. Moore; Mr. Charles Vest; and Mr. James L. Huffman. Absent was Mr.
Peter Easter, Chairman. Other officials present were Mr. Robert W. Tucker, Jr. -
Director of Planning; Mr. Ronald S. Keeler - Assistant Director of Planning;
Mr. Donald A. Gaston - Senior Planner; and Ms. Mason Caperton - Planner.
In the absence of the chairman, Col Washington presided; he called the
meeting to order after establishing that a quorum was present.
Col. Washington advised the Commission that they would be addressing those
comments sent to the Commission by the staff and any additional comments the Commission
might have.
Mr. Payne noted that under Section 3.1.5.1(g) the word "thoroughfares" is
misspelled.
Mrs. Graves asked that under Section 3.1.5.6.2 "no soil erosion control permit"
be added. She stated that the Zoning Administrator was agreeable to this change.
( The sentence would read as follows: "After lands are rezoned to PD status, no
building permit or soil erosion control permit shall be issued in such district unless
and ninth the Planning Commission shall have approved site development plans and
reports....")
Mrs. Graves then questioned if there is a time limit intended in Section 3.1.5.6.2.
Mr. Tucker replied that an 18 month time period is provided in the Zoning Ordinance.
He stated that the staff will be recommending that the time period be removed though,
otherwise the county could be placed in a bad predicament.
Col. Washington said that he would prefer that the zoning revert back to the
original zoning at the end of the 18 month time period without being considered by
the Commission.
Mr. Payne said that it would be necessary to decide what one has to do to stop
the 18 month time clock.
Mrs. Diehl questioned if the last word in the third line in Section 3.2.1
is "involving". Mr. Tucker replied that it is.
Mr. Gloeckner questioned if there are any PD's shown on the zoning map.
Mr. Tucker replied that they will take the place of some of the current M-1, M-2 or
PID zoning, but no new PD's will be created on the zoning map.
Mrs. Graves suggested that at the end of Section 3.2.5.3 the following
notation be made: "Refer to Sec. 14.15.8".
Mr. Keeler said that under Sec. 3.3.2.1 ( uses by right ) the following
should be added: "Contractor's office and equipment storage yard."
/N,
Mr. Keeler said that Sec. 3.4.2.1 should be amended to include
"contractor's office and equipment storage yards".
Col. Washington noted that there are references throughout several
sections of the ordinance addressing "agricultural uses". He stated that
it depends upon where these uses are permitted as to whether he could support
the use. He said that in his opinion almost two definitions are needed.
Mr. Tucker said that an exclusionary definition would be appropriate.
Mr. Payne suggested that it could even be deleted as a use throughout the
sections.
Mrs. Graves questioned if the consultants gave any thought to upgrading the
non -conforming uses that currently exist.
Mr. Payne said that the theory on non -conforming uses is that it is unconstitutional
to tell one to discontinue a use.
Col. Washington questioned Sec. 3.3.2.1. Mr. Tucker explained that the use
that is for distribution will be by right, and others will be permitted with a special
use permit.
Col. Washington expressed concern for Sec. 3.3.3 stating that adding at least 1
acre may not be necessary to have this limit.
Mr. Gloeckner questioned if there is even a need for an acreage limit if there
are to be planned districts.
Mr. Tucker stated that the idea is to assure enough area for a plan to make it
compatible with adjoining uses by controlling access. He said that the lot size can be
one acre, however the district itself is five acres. Mr. Tucker noted that it is
necessary to consider the utilities.
Mr. Gloeckner felt such a restriction could confine a man's choice of location.
Col. Washington said that he feels the problem with a one acre minimum is illustrate(
in the second paragraph of Sec. 3.3.3.
Mrs. Graves noted that she feels the county will be giving up a lot if it deletes
Sec. 3.3.6 and replacing it with the wording suggested by the staff.
Mr. Keeler said that the re -wording requires more than what was originally
written.
Mr. McCann questioned why cars are so offensive, noting that they are part of
our way of life. He said that it might be all right to screen cars from residential
uses, however he feels there is a certain value for no screening in some areas -
one value is security reasons.
Mr. Gloeckner questioned what will fall under the PD-HI zoning category.
Mr. Tucker replied that the quarries and the old industrial park north of town
will be in this category.
Mr. Tucker said that the Commission should include "contractor's office
and storage yard" as a use by right under Sec. 3.4.2.1.
3.4.3. The Commission expressed some concern about minimum area requirements in Sec.
/4�1
Mrs. Graves said that she would like to discuss Sec. 3.4.6 with Mr. Tucker
at some later date and then bring this up to the Commission after her discussion.
Mr. Keeler said that utilities by right and by special permit with the
appropriate wording should be included in the PD-IP.
Mr. Payne stated that Sec. 3.4A.3.1 addresses incremental additions.
Mr. Gloeckner established that no new industrial parks are being created on the
zoning map.
Mrs. Graves suggested that under Sec. 3.5.3 "soil erosion control permits"
be added and that "as to be deleted and "approval" be changed to "approved."
At this point, there was a brief discussion regarding setbacks for accessory
uses.
Mr. Keeler noted that part of Sec. 3.5.6 will have to be re -worded and some
will be deleted. He said the Commission should delete "of owned or leased trucks used
by operators of principal uses".
Col. Washington suggested adding "furniture stores" to Sec. 3.6.2.1.
Mrs. Graves said that she cannot support many of the by -right uses provided
in the proposal since they are currently uses by special use permit.
Mr. Tucker explained that there will be supplementary standards to go with
the uses provided by right - i.e., the zoning ordinance will set standards for these
uses.
Mr. Tucker then recommended that veterinary office or clinic, including
accessory outdoor kennel should be deleted from Sec. 3.6.2.1.
Col. Washington said that he does not agree with "agricultural uses" in
Sec. 3.6.2.1. Mr. McCann disagreed.
Dr. Moore questioned the commercial recreation establishments and the scope
of this use. He did not feel it appropriate for the zoning administrator to have so much
power in this decision.
Mr. Keeler suggested adding this as a use by special permit under Sec. 3.6.2.2.
Mr. Tucker advised the Commission that it might be appropriate to lessen the set-
back from 30 feet to 25 feet in Sec. 3.6.4.
Col. Washington said that he favors the 30 feet since it might be necessary
to condemn land for right-of-way acquisition in the future, especially in the villages.
Col. Washington then stated that he feels the area requirements in Sec. 3.6.3
are too large.
N, Mr. Payne suggested writing the ordinance for the optimum conditions.
Col. Washington said that this ordinance should be tied to what exists.
/4 k
He then suggested that the area requirements in Sec 3.6.3 be 40,000, 30,000, and 10,000.
Mrs. Diehl questioned if there are any average figures of the existing
sizes. *0040
Mr. Gaston suggested that the area requirements might be an incentive
for installation of utilities.
The Commission decided to discuss Sec. 3.6.3 at a later date.
The Commission also agreed to delete "agricultural uses" from Sec. 3.7.2.1.
Mrs. Graves questioned if there could be transitional uses with a definition
provided for "transitional uses."
Under Sec. 3.7.1 the Commission agreed to reword the last sentence to read
as follows: and maximum convenience, efficiency, and safety for uses of such
facilities."
Under Sec. 3.7.2.1 the Commission corrected the misspelling of "cemeteries."
"Septic tank sales and related services" was deleted from the permitted uses
under Sec. 3.7.2.1 and made a use by special permit.
The incremental additions under Sec. 3.7.3 will again be considered.
The Commission noted concern in Sec. 3.7.5 for the "five feet."
Mr. Keeler noted that definitions for many of the terms in Sec. 3.7.7 will
have to be provided.
Mrs. Graves questioned if the supplementary regulations will be restrictive
enought to keep out detrimental uses, such as helipads.
Mr. Payne said that the supplementary uses is a good place for the provisions
to address what is NOT wanted.
Mrs. Diehl said that she would like to devote time for discussion on
permitted uses in shopping centers.
( Other than the items noted above, the Commission seemed to reach some
consensus on the attached comments as presented by the staff. )
With no further discussion, the meeting adjourned at 6:35 p.m.
W. Tucker, Jr. - Sekre
f
om
In
STAFF RECOMMENDATIONS FOR AMENDMENTS TO THE PROPOSED REVISION OF THE
COUNTY ZONING ORDINANCE
Page 11 Sec. 3.1.3(a) The term "uni f ied control" should be defined
Page 12 Sec. 3.1.5.1(e) Retype in order that 100 is written out
Page 12 Sec. 3.1.5.1(h) Change word "datum" to "data"
Page 12 Sec. 3.1.5.1(i) Bring first sentence over in line with existing format
Page 13 Sec. 3.1.5.1 Delete last paragraph and replace with the following:
"j A Development Concept Plan showing general road
alignments and proposed rights -of -way; general
alignment of sidewalks, bike and pedestrian ways;
general water, sewer and storm drainage layout;
location of recreational facilities; summary of land
uses, dwelling types and densities; wooded areas and
areas to remain wooded."
Page 13 Sec. 3.1.5.3 Change wording from "Pre -Hearing" to "Pre -Application"
Page 13 Sec. 3.1.5.3 Pre -Application Conferences with applicants ( first sentence)
should read: "Applicants are required to meet with the
Planning Staff and other qualified officials to review the
development concept plan and original proposal prior to
submittal."
Page 14 Sec. 3.1.5.4 -Insert word "and" after semi. -colon in item "c";
-Delete item "d" completely;
-Replace the letter of subsection "e" with "d" and delete
the following word : "desirable"
Page 14 Sec. 3.1.5.5 First paragraph, third line: word "accord" should be
"accordance." Third paragraph, fifth line: word "accord"
should be "accordance".
Third paragraph: Delete first phrase and make remaining
part of the paragraph a part of the second paragraph.
Page 15 Sec. 3.1.5.6.1 -Delete last sentence of first paragraph and replace with:
"All site development plans shall comply with Article 13.0
of this Ordinance.
-Delete items "a" through
Page 16 Sec. 3.1.5.6.2 -Change "20%" to 1110$"
-Delete last sentence of first paragraph.
Page 16 Sec. 3.1.5.6.4 Change word "hearin.g(s)" to "meeting(s)" throughout section;
after "Planning Commission" add "by majority vote".
Page 16 Sec. 3.1.5.6.5 Delete this section.
Page 18 Sec. 3.2.2 Third line of paragraph, rewrite as follows:
"... as PD-LI, PD-HI or PD-IP..."
Page 18 Sec. 3.2.4 Delete the following phrase: "and subordinate to permitted
uses and structures provided that no accessory building shall
be used until"; and replace with the following: "are
permitted "provided."
-1-
14/
Page 19 Sec. 3.2.7 Change "Section 4.4" to "Section 4.20".
Page 21 This paragraph is in the wrong place; relocate to end of
3.7.8 on page 40.
Page 22 Sec. 3.3.1 -Change "Areas served by water and sewer facilities" to
"Areas served by water and sewer facilities or if such
facilities are reasonably available".
-Change "Areas served by one or more major highways" to
"Areas served by a major highway, railroad, or air service"
Page 23 Sec. 3.3.2.1 Change "Underground pipelines, underground electric power,"
etc. to read:
"Electric, gas, oil, and communication facilities, excluding
multi -legged tower structures and including poles, lines,
transformers, pipes, meters, and related facilities for
distribution of local service and owned and operated by a
public utility. Water distribution and sewerage collection
lines, pumping stations, and appurtenances owned and operated
by the Albemarle County Service Authority."
Page 23 Sec. 3.3.2.2 Add the following use:
"Public utilities: Public water and sewer transmission, main,
and trunk lines, treatment facilities, pumping facilities,
and the like, owned and operated by the Rivanna Water and
Sewer Authority; electrical power substations, transmission
lines and related towers; gas or oil transmission lines, pump-
ing stations, and appurtenances; unmanned telephone exchange
centers; micro -wave and radio -wave transmission and relay
towers, substations, and appurtenances."
Page 23 Sec. 3.3.3 Delete "and minimum dimensions of the buildable area remain-
ing after yard requirements are met shall be 100 feet."
Page 24 Sec. 3.3.4 Change "open space" to "area" throughout this provision.
Page 24 Sec. 3.3.5 -In Adjacent to public streets, change second sentence to read:
"Off-street parking and loading spaces shall be located and/or
screened so as to minimize visual impact from public streets."
-In Adjacent to residential districts, delete "or loading space"
in line 3; change "60" to "30" in line 4.
Page 24 Sec. 3.3.6 Delete this text in its entirety and replace with the following:
"Parking and outdoor activities shall be screened from first
story windows on abutting lots in residential districts.
Screening may consist of a sightly opaque wall or fence; a
planting strip; existing vegetation; or combinations thereof.
Where only vegetative screening is provided, such screening
strip shall be no less than 20 feet in depth. The location,
type, and extent of screening shall be approved by the Planning
Commission or its designee."
Page 25 Sec. 3.4.1 In paragraph 3, add to end a semicolon and "railroad; or
air service."
DOC
m
116
Page 26 Sec. 3.4.2.1 Change "Underground pipelines, underground electric
y power," etc. to read:
"Electric, gas, oil and communication facilities excluding
multi -legged tower structures and including poles, lines,
transformers, pipes, meters, and related facilities for
distribution of local service and owned and operated by
a public utility. Water distribution and sewerage collection
lines, pumping stations, and appurtenances owned and operated
by the Albemarle County Service Authority."
Page 26 Sec. 3.4.2.2 Add the following use:
"Public utilities: Public water and sewer transmission,
main, and trunk lines, treatment facilities, pumping facilities,
and the like, owned and operated by the Rivanna Water and
Sewer Authority; electrical power substations, transmission
lines and related towers; gas or oil transmission lines,
pumping stations and appurtenances; unmanned telephone
exchange centers; micro -wave and radio -wave transmission
and relay towers, substations, and appurtenances."
Page 26 Sec. 3.4.4 In line 2, change ".10" to "0.20". Change "open space" to
"area" throughout this provision.
Page 27 Sec. 3.4.5 In Adjacent to public streets change second sentence to read:
"Off-street parking and loading spaces shall be located and/or
screened so as to minimize visual impact from public streets."
*401" Page 27 Sec. 3.4.5 In Adjacent to residential districts, delete "or loading
space" in line; change "60" to "40" in line 3.
Page 27 Sec. 3.4.6 Delete this text in its entirety and replace with the following:
"Parking and outdoor activities shall be screened from first
story windows on abutting lots in residential districts.
Screening may consist of a sightly opaque wall or fence; a
planting strip;existing vegetation; or combinations thereof.
Where only vegetative screening is provided, such screening
strip shall be no less than 20 feet in depth. The location,
type, and extent of screening shall be approved by the
Planning Commission or its designee.
Page 28 Sec. 3.4A.1 Under listing of area characteristics:
-To the end of "Areas directly served by water and sewer
facilities" add "or if such facilities are reasonably
available."
-To the end of "Areas directly served by a major highway
or secondary road improved to standards approved by the
County" add a semicolon and "railroad; or air service."
Page 31 Sec. 3.4A.5 Reword second sentence to read: "Off-street parking and
loading spaces shall be located and/or screened so as to
minimize visual impact from public streets."
Page 31 Sec. 3.4A.6 In line 4 change "60" to 1130".
- 3-
/Afr�
Page 31 Sec. 3.4A.7 Delete this text in its entirety and replace with the
following:
"Parking and outdoor activities shall be screened from
first story windows on abutting lots in residential
districts. Screening may consist of a sightly opaque
wall or fence; a planting strip;existing vegetation;
or combinations thereof. Where only vegetative screening
is provided, such screening strip shall be no less than 20
feet in depth. The location, type, and extent of screening
shall be approved by the Planning Commission or its designee."
Page 33 Sec. 3.5.2 Change "B-l" to "C-1" to eliminate confusion with existing
B-1 zoning.
Page 33 Sec. 3.5.4 Delete "and subordinate to permitted uses and structures
provided that no accessory building shall be used until"
and replace with "are permitted, provided
Page 33 Sec. 3.5.5 Add a comma between "routes" and "of" in line 3.
Page 34 Sec 3.5.6 -Add "service" between "for" and "truck" in line 1.
-Delete "employees and" in lines 5 and 6.
-Delete "related to the district or building site or lot" in
lines 7 and 8.
Page 35 Sec. 3.6 -Change "Business" to "Commercial" (amend table of contents
accordingly)
-Also, change "B-l" to "C-1" throughout Article 3.6 except in
line 9 of 3.6.1.
Page 35 Sec. 3.6.1 Add "existing" between "of" and "B-1" in line 9.
Page 36 Sec. 3.6.2.1 Replace "Public utility transmission, distribution facilities"
with:
"Electric, gas, oil, and communication facilities, excluding
multi -legged tower structures and including poles, lines,
transformers, pipes, meters, and related facilities for
distribution of local service and owned and operated by a
public utility. Water distribution and sewerage collection
lines, pumping stations, and appurtenances owned and operated
by the Albemarle County Service Authority.
Page 36 ADD NEW BY SPECIAL USE PERMIT
SECTION:
3.6.2.2 "Public utilities: Public water and sewer transmission, main,
and trunk lines, treatment facilities, pumping facilities, and
the like, owned and operated by the Rivanna Water and Sewer
Authority; electrical power substations, transmission lines
and related towers; gas or oil transmission lines, pumping
stations, and appurtenances; unmanned telephone exchange
centers; micro -wave and radio -wave transmission and relay
towers, substations, and appurtenances."
Page 36 Sec. 3.6.4 -In Adjacent to public streets, change "15 feet" to "10 feet"
and add "street" between "public" and "right-of-way" in the
second sentence.
In Adjacent to residential districts, add "Off-street parking
shall be located 25 feet or more from any residential district."
prn
/7-/
Page 36 Sec. 3.6.5
Recommend deletion of this section
Page 38 Sec. 3.7.2.1
-Delete-"livestock sales"
-Delete "veterinary office or clinic"
-Add:
"Electric, gas, oil, and communication facilities, excluding
multi -legged tower structures and including poles, lines,
transformers, pipes, meters, and related facilities for
distribution of local service and owned and operated by a
public utility. Water distribution and sewerage collection
lines, pumping stations, and appurtenances owned and operated
by the Albemarle County Service Authority."
Page 39 Sec. 3.7.2.2
-Delete "Go-cart, trail bike tracks"
-Add "livestock sales"
-Add "veterinary office or clinic"
-Add:
"Public utilities: Public water and sewer transmission,
main, and trunk lines, treatment facilities, pumping facilities,
and the like, owned and operated by the Rivanna Water and
Sewer Authority; electrical power substations, transmission
lines and related towers; gas or oil transmission lines, pump-
ing stations, and appurtenances; unmanned telephone exchange
centers; micro -wave and radio -wave transmission and relay
towers, substations, and appurtenances."
Page 39 Sec. 3.7.4
Change "Primary highway" to "public road".
Page 39 Sec. 3. 7.5
In paragraph 3, change "40" to "50" and change "20" to `125" .
Page 40 Sec. 3.7.6.2
Change "open space" to "area".
Page 41 Sec. 3.8.1
In the last sentence of paragraph 1, delete wording following
"general" and replace with "needs of the public."
Page 41 Sec. 3.8.2
Recommend complete reconstruction of this seciton to provide
for uses by right and by special use permit as follows:
Sec. 3.8.2
PERMITTED USES
Sec. 3.8.2.1
BY RIGHT
Uses permitted shall include commercial and service
establishments, including automobile filling stations.
Outdoor storage, sales, or display areas provided the same shall
be enclosed by screening approved by the Planning Commission
or its designee.
Electric, gas, oil, and communication facilities, excluding
multi -legged tower structures and including poles, lines,
transformers, pipes, meters, and related facilities for
distribution of local service and owned and operated by
a public utility. Water distribution and sewerage
collection lines, pumping stations, and appurtenances owned
y40W
and operated by the Albemarle County Service Authority.
-5-