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HomeMy WebLinkAbout02 05 79 PC Minutes� ,,, February 5, 1979 The Albemarle County Planning Commission conducted a meeting on Monday, February 5, 1979, 4:00 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members present were Col. William Washington, Chairman; Mrs. Norma Diehl, Vice -Chairman; Mr. Layton McCann; Mr. Charles Vest; Mr. James Huffman; Mrs. Joan Graves; Mr. James Skove; Dr. James Moore; and Mr. Kurt Gloeckner. Other officials present were Mr. Robert Tucker, Director of Planning; Mr. Ronald Keeler, Assistant Director of Planning; and Mr. Frederick W. Payne, Deputy County Attorney. Absent was Mr. Tim Lindstrom, ex-Officio. Col. Washington called the meeting to order after establishing that a quorum was present. Mr. Tucker discussed the events schedule along with the meeting dates for the February work sessions. The Commission reached a consensus that the following topics would be discussed on the scheduled meetings: February 7, 1979 - Discussion with the public - AGR February 12, 1979 - Planned Development District Sections February 22, 1979 - Discussion with the public - Planned Development District Sections February 26, 1979 - General Regulations February 28, 1979 - Off-street parking and site plan section The Commission ascertained that those probably to be present on Wednesday (February 7) for discussion of the AGR would be the Farm Bureau, the Albemarle Property Owners Association, and the Chamber of Commerce. Col. Washington asked that the Chamber of Commerce and other interested citizens be present to discuss the Planned Development District sections on February 22. Mrs. Diehl asked that enough amendments be available to the public on the days that the topics are addressed by the public. acre Col. Washington noted that he would like public reaction to 5-10/�lots by right in the AGR district with more density permitted by special use permit. Col. Washington then pointed out that the intent of the work sessions to receive public input is not to limit the discussion to any one particular group, however to make sure that those directly affected and specifically interested in one area of the ordinance be permitted to speak. Mr. Tucker then told the Commission of the public forum that would be on WINA Radio on the morning of February 10 at 10:00 a.m.. He said that those scheduled to be part of the question and answer session are Col. Washington, Gerald Fisher, Ed Hess, George McCallum, and Bob Tucker. Col. Washington stated that any exposure the zoning ordinance receives is bound to be beneficial to the county and to the citizenry. Mr. Tucker advised the Commission that it and the staff must make it clear to the public that they are sensitive to the needs of the individual citizens. He asked that the Commission and staff be very careful in its choice of words in order that the citizens do not draw the wrong conclusions that individuals are not being considered. At this point, the Commission discussed its progress with the tentative time schedule for review of the ordinance. Mr. Tucker advised the Commission that it will be difficult to finish the ordinance, especially with any rewrite, by March. The Commission then moved to the tope of reorganization of the proposed zoning ordinance. Mr. Tucker said that in its preparation of this reorganization, he had used Mrs. Opal David's suggestions and followed a model from Frederick Bear, a well-known zoning attorney. Mr. Keeler noted that some of the overlay districts that are applicable to the entire county will appear under Section 4 - General Regulations. Mr. Huffman asked that when it comes time to write and discuss the definitions that the definitions be written in a simple, concise fashion. The following was agreed upon as the organization of the ordinance: ARTICLE I General Provisions Section 1.0 Authority; Establishment and Purpose of Districts; Official Zoning Map (1.0); Interpretation of District Boundaries (8.5); Conflicting Ordinances (2.4); Severability (11.0) Section 2.0 Application of Regulations Section 3.0 Definitions ARTICLE II Basic Regulations Section 4.0 General Regulations Section 5.0 Supplementary Regulations Section 6.0 Non -conformities ARTICLE III District Regulations Section 7.0 CVN AGR RR VR R-1 R- 2 R- 4 PDR Districts B-1 PD-HC PD-SC PD-CO PD-LI PD-H I PD-IP Overlay Districts ?ARTICLE IV Procedure Section 8.0 Administration adn Enforcement; Permits Section 9.0 Site Development Section 10.0 Amendments Section 11.0 Board of Zoning Appeals Section 12.0 Fees ARTICLE V Violation and Penal Section 13.0 Violations Section 14.0 Penalties The Commission then discussed the various alternatives for handling the Historic District when it considers the proposed amendments the following evening. Col. Washington noted that if a sound amendment is worked out, it can be added to the ordinance at any time. He said that he feels this section would encumber the proposed zoning ordinance if included at this time. However, he pointed out that he wants to expedite the matter procedurally for the following evening. Mrs. Diehl established from Mr. Payne that the Commission cannot add any incentives to the ordinance. Mr. McCann determined that the designation cannot be on a "one-shot" basis. Mr. Vest determined that the Board of Supervisors sets the size of the Historic Districts. Mr. Skove questioned if it would be possible to write the ordinance so that it includes only the Virginia Historic Landmarks and what is adjacent. ( Mr. Gloeckner arrived at the meeting.) Col. Washington said that he is concerned about existing structures on adjoining properties being affected by this ordinance and not so much with new development. Mr. McCann said that he remembers not so long ago an historic landmark located on 500 acres wanting control over the adjoining land to prohibit its subdivision - he said that he does not favor this sort of thing at all. - Mr. Payne advised the Commission that he does not feel the Commission can lawfully do what Col. Washington had just suggested. Mr. Huffman said that he is concerned over the limit of the district, noting that the Virginia Historic Landmarks address only the actual building. Mr. Tucker said that the ordinance can address the limits of the district. Mr. Skove pointed out that there is federal money available for restorations and improvements for National Historic Landmarks. Mr. Payne advised the Commission that if property is designated as an Historic District, only the Board of Supervisors has the power to wipe away that designation, and it cannot simply be done by the property owner. Furthermore, the statutue states that the district must be delineated on the district. At this point in the meeting, Mr. Payne explained to Mrs. Graves the meaning of Gross Density -Standard Level. Mr. Tucker explained that this had been included to cover Mr. Payne's concern for a subdivision that might be completely composed of low cost housing. Mr. Payne agreed that this gives a fixed standard to approve., and there is a fixed bonus level. Mrs. Diehl felt this should be re -written, with an example included. Mr. Huffman questioned how long the Commission will work on the ordinance before it might decide to re -work the existing ordinance. Mr. Tucker replied that he feels the upcoming public sessions will guide the Planning Commission in this decision. Mr. McCann pointed out that only the farmer will preserve the agricultural lands, and not the local government through any legislation. Im Mrs. Diehl said that she would like the public to know that the Commission has concerns that they have worked on, separate from the comments made by the public - i.e., she said that she feels the work done by the Commission has been precipitated by concerns of the Commission itself and not just responses to public concerns. Col. Washington suggested to the staff that the letter sent to the Board on January 25, 1979, should be formulated .into a press release for THE DAILY PROGRESS in order that the citizens of the county can know of the current thinking of the Commi ss ion . With no further business, the Commiss,*pn adjourned at 6:05 p.m. rt W. Tucker, Jr. - F]