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HomeMy WebLinkAbout05 01 79 PC MinutesMay 1, 1979 The Albemarle County Planning Commission held a regular meeting on Tuesday, May 1, 1979, 7:30 p.m., Third Floor, County Office Building, Charlottesville, Virginia. Those members present were Mr. James Huffman; Mr. Layton McCann; Mr. Charles Vest; Col. William Washington, Chairman; Mrs. Norma Diehl, Vice -Chairman; Dr. James Moore; Mrs. Joan Graves; Mr. Jim Skove; and Mr. Tim Lindstrom, Ex-Officio. Pr. Kurt Gloeckner was absent. Other Officials present were Mr. Robert Tucker, Director of Planning; Miss Mason Caperton, Planner; Mr. Ronald Keeler, Assistant Director of Planning; and Mr. Fred Payne, Deputy County Attorney. Col. Washington established that a quorum was present and called the meeting to order at 7:30 p.m. The minutes of January 4, March 5, March 14, March 21, and April 16, 1979 were approved as written. The minutes of February 27, April 3, and April 10, 1979 were approved as corrected. WOODVALE LAND CORPORATION Mr. Tucker noted that the applicant has requested deferral. He noted that Staff is recommending that this item be deferred indefinitely. Mr. Huffman moved for deferral. Mr. Vest seconded the motion, which carried unanimously, with no further discussion. SPRIGG LANE INVESTMENT CORPORATION Miss Caperton presented the Staff Report. Mr. Shank, the applicant's representative, was present and had no comments. There was no discussion among the Commission. Mr. McCann moved for approval with the following conditions: 1. A building permit will not be issued until the following conditions are met: a) Fee of $75.00 due; b) Note on plan "Landscaping to be maintained in a healthy condition, to be replaced if it should die;" c) Albemarle County Service Authority approval of water plans; d) Sewer hookup when service becomes available; e) Show Scenic Highway building setback on the plan, structures - 150 feet from right- of-way, parking - 50 feet from right-of-way; f) Landscape plan in parking islands and around building to be approved by the Staff; g) County Engineer approval of storm drainage system; h) Grading permit; i) Show location of septic system on plan; j) Virginia Department of Highways and Transportation approval of commercial entrance. Mrs. Diehl seconded the motion, which carried unanimously, with no further discussion. SP-79-10. Christopher Byrum to locate a mobile home on 89.70 acres zoned A-1. Property located to the northwest off Route 604 approximately � mile north of the intersection of Route 664 and 604. County Tax Map 19, Parcel 2. SP-79-11 Steven Byrum to locate a mobile home on 89.70 acres zoned A-1. Property located to the northwest off Route 604, approximately 2 mile north of the inter- section of Routes 665 and 604. County Tax Map 19, Parcl 2. Mr. Keeler presented the Staff Report. The Byrums were present. Mr. Keeler noted that a subdivision of this property was proposed to the Commission, at one time, but was denied because the applicants were unable to obtain the necessary easement width. Mr. Prendegrast, an adjacent owner, stated that he is opposed to mobile homes being located in residential neighborhoods. He noted that in 1976 the Commission had stated that only one dwelling would be allowed on this property. Mr. Prendegrast questioned how two dwellings can be allowed now. Mr. Keeler stated that the Commission has no control over two dwellings being placed on the property, as long as there is adequate acreage. He noted that the Commission can only control three or more dwellings, which would require a site plan. Mr. Byrum stated that Mr. Prendegrast is expressing a personal opinion and it has no bearing on the request before the Commission. Mrs. Graves stated that she feels the Commission has some precedent for placing mobile homes where they would not be obtrusive. She noted that she did not feel condition #1 should be deleted entirely. (Mr. Keeler noted that this condition had been deleted from the staff report during his presentation.) Mr. Vest questioned if the applicant would agree to leaving the portion of the property bordering Lexington Subdivision in its natural state. Mr. Byrum stated that it is their intent to leave the property as wooded as possible. Mr. McCann moved that both requests be recommended to the Board of Supervisors for approval with the following conditions: 1. A 75 foot buffer, to remain in its natural state, between the location of the mobile homes and the Lexington Subdivision; 2. Compliance with Section 11-14-2 of the Zoning Ordinance. Mr. Vest seconded the motion, which carried unanimously, with no further discussion. 9 SP-79-12. Albemarle County Service Authorit Mr. Keeler noted that the applicant has requested withdrawal. Mr. Vest moved for withdrawal. Mrs. Diehl seconded the motion, which carried unanimously, with no further discussion. ZMA-79-07. M. 0. Whyte has petitioned the Board of Supervisors to rezone 2.000 acres from A-1 to B-1. Property is located on the northwest side of Route 743, across from Earlysville Heights. County Tax Map 31, Parcel 14. ZMA-79-08. M. O. Whyte has petitioned the Board of Supervisors to rezone 0.532 acres from A-1 to B-1. Property is located on the west side of Route 660, at the intersection of Routes 660 and 743. County Tax Map 31, Parcel 14J. Mr. Keeler presented the Staff Report. Mr. Whyte, the applicant, was present. Mrs. Diehl asked Mr. Keeler if he had discussed proffered zoning with the applicant. Mr. Keeler stated that he did not feel it would be appropriate, sincetheapplicant had made applications for straight rezonings. He noted that he did discuss the Commis- sion's current thinking as it relates to commercial uses in the villages. (Proposed Zoning Ordinance) Mr. Whyte stated that the two buildings are over 40 years old. He stated that one of the reasons for the requested rezonings is to allow him to rebuild the garage. He noted that the building that currently houses this store is 6,000 square feet. He noted that he needs a building of approximately 10,000 square feet, which he intends to build on the opposite side of the road. Mr. Whyte noted that he would like to have this property rezoned to allow for another commercial use in this building when the new store is built. Mr. Prendegrast stated that a grocery and a garage are badly needed in Earlysville and he would like to see the Commission approve Mr. Whyte's requests. Mr. McCann stated that his only concern is the numerous uses allowed in the B-1 zone. He stated that what Mr. Whyte has outlined is excellent, but if B-1 zoning is allowed then the County is open to any uses allowed in the B-1 zone using this property. Mr. McCann noted that he would like to see these rezoning requests profeered. He commented that this would allow the Commission to know what use is being made of the property. Mr. Skove stated that he feels there is a need for Mr. Whyte's proposal. He noted that he would like to see more restrictions on the types of uses allowed. Col. Washington stated that the Commission is urging the applicant to get together with the Staff to develope some proffers before this item goes before the Board of Supervisors. Mrs. Graves moved to recommend that the Board.of Supervisors accept the Staff's recommendation and deny both petitions. Col. Washington asked Mr. Payne when the applicant can resubmit his petitions with proffers, if the requests are denied. 7 Mr. Payne noted that the normal time span is 12 months, unless a substantial change is made in the request. He noted that if a proffer is made it should be considered a substantial change. Mr. Huffman stated that he feels there is a need for the services Mr. Whyte is providing in the villages. He noted that he does not want the County to be open to any type of commercial development that Mr. Whyte may chose to open there. Mrs. Diehl seconded the motion, which carried unanimously, with no further discussion. ZMA-79-10. Charles W. Hurt has petitioned the Board of Supervisors to rezone 26.002 acres from A-1 to RS-1. Property is located on the southwest side of Route 657, south of the Rivanna Reservoir. County Tax Map 44, Parcel 36 (part thereof). Mr. Keeler presented the Staff Report. Mr. Sinclair, the applicant's representative, was present. Mr. Skove asked how far this property is from the High School (Albemarle). Mr. Keeler noted that it is approximately 1,200 feet. Mr. Sinclair stated that Dr. Hurt feels, since this property is located so close to schools and recreational facilities, RS-1 would be the best utilization of this property. Mrs. Fitzgerald stated that she is concerned with the increased drainage across her property. ` Mr. Flemming stated that he recommends the Commission approve this request because it is compatible with the area. Mr. Sinclair commented that Dr. Hurt had removed a sharp curb and realigned the ditch, due to the Highway Department's recommendation. He noted that he feels this is probably what has caused the increase drainage on Mrs. Fitzgerald's property. Mr. Lindstrom stated that he has corresponded with the Highway Department concerning Mrs. Fitzgerald's problem and they were not very sympathetic. He noted that he feels the only way to alleviate Mrs. Fitzgerald's problem is to implement the existing ordinances. Mr. McCann rioted that he sympathizes with Mrs. Fitzgerald, but he believes this is something that should be spoken to at the time a subdivision is submitted. Col. Washington asked Mr. Sinclair if he could discuss this matter with Dr. Hurt and see what can be done to alleviate the problem. Mr. Sinclair noted that 90% of the drainage from Dr. Hurt's property is going in the opposite direction. He commented that he feels most of the water is coming from the street. Mr. Huffman commented that denying Dr. Hurt's rezoning would not affect Mrs. Fitzgerald's problem. /Y6) Mr. Tucker suggested that the Commission may wish to refer this item to the Engineering Department and the Highway Department, since it appears this problem was caused by the Highway Department's recommendations. Mr. Skove moved that this item be recommended to the Board of Supervisors for approval. Mrs. Diehl seconded the motion, which carried unanimously, with no further discussion. OLD BUSINESS - Morris Chisholm Final Plat Mr. Keeler noted that the applicant wishes to delete the word "exclusive" from the 30 foot easement serving the parcel. He stated that Staff has no objections to this request, but would recommend a maintenance agreement. Mr. Huffman moved for approval with the deletion of the word "exclusive" and a maintenance agreement will be required. Mr. McCann seconded the motion, which carried unanimously, with no further discussion. OLD BUSINESS - Clarification on ZMA-79-09 Mr. Keeler noted that the applicant has requested that the Commission clarify their action on his request as to whether it would apply to duplexes with individual wells. Col. Washington noted that he saw no problems with duplexes. Mr. Payne stated that he feels the Commission should make a motion to that affect. Mr. McCann moved that the previous action taken by the Commission embodies duplexes and individual wells. Mr. Vest seconded the motion, which carried with a vote of 6-0-2. Dr. Moore and Mrs. Graves abstained. There was no further discussion. There was no further discussion and the meeting adjourned at 9:15 p.m. / if