HomeMy WebLinkAbout05 08 79 PC MinutesMay 8, 1979
The Albemarle County Planning Commission held a regular meeting Tuesday, May 8, 1979,
7:30 p.m., Third'Floor, County Office Building, Charlottesville, Virginia. Those
members present were Mr. James Huffman; Cola William Washington, Chairman; Mr. Charles
Vest; Mr. Jim Skove; Dr. James Moore; Mr. Layton McCann; Mrs. Norman Diehl, Vice -
Chairman; and Mr. Tim Lindstrom, Ex-Officio. Those members absent were Mr. Kurt
Gloeckner and Mrs. Joan Graves. Other Officials present were Mr. Ronald Keeler,
Assistant Director of Planning; Mr. Robert Tucker, 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 February 22, 1979, February 26, 1979, and April 23, 1979 were
approved as written. The minutes of March 12, 1979 and April 30, 1979 were approved
as corrected. The minutes of April 17, 1979 were deferred until May 22, 1979.
zMA-79-06. Liberty Land Ltd. - rezone 485 acres from A-1 to RPN/A-1.
Mr. Keeler presented the Staff Report. Mr. Parks, the applicant's representative,
was present.
Mrs. Diehl asked the elevation of the cul-de-sac in Phase II, in relationship to
the uppermost cul-de-sac on the property.
Mr. Keeler stated that the cul-de-sac in Phase II is approximately 1,000 feet and
the upper cul-de-sac is approximately 750-800 feet in elevation.
Mr. Keeler presented maps to the Commission showing soils, groundwater, and geologic
information derived from preliminary SCS mapping and from preliminary studies by the
applicant's soils scientist. He also presented a house site scheme developed to minimize
the visual impact on surrounding"area by limiting tree removal on individual lots on a
case -by -case basis.
that condition #10 does not adequately speak
Dr. Moore noted -his concern is
to tree removal.
Mr. Keeler stated that condition #2 is the controlling condition and condition
#9 controls where tree removal will be done. He noted that restrictions on tree
removal may only be required on a limited number of lots.
Mrs. Diehl asked which sections of the development are recommended for Agriculture/
Conservation.
Mr. Keeler stated that according to the SCS studies none of the property is
prime for agricultural uses. He noted that Staff feels that possibly the valley
area can be designed to meet these uses.
Mr. Coburn, Virginia Department of Highways and Transportation, stated that the
main problem the Highway Department has is with the question of access. He stated
that currently this property is served by an access through Ski Land. Mr. Coburn
noted that the best point of access ie-:directly across from State Farm Boulevard.
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Mr. Coburn commented that the second alternative would be to have access directly across
from the Worrell Nespaper entrance. He noted that the Highway Department feels the
existing entrance is the least favorable of the 3 alternatives. Mr. Coburn further
noted that the road leading to Route 250 will have to be brought up state standards,
in order for the interior roads to enter the state system.
Dr. Moore asked if there are any further plans for improving Rt. 250.
Mr. Coburn stated that there may be an extension of the four lane travel area,
but not in the near future. He noted that eventually a four lane, divided roadway
approaching I-64 will be constructed.
Mr. Parks presented a map showing the topography and natural state of the property
as it exists now. The map showed the following: existing logging roads; 100 foot
right-of-way; major ridge lines; wooded areas, cleared areas; drainage swales; and
those areas that may have a visual impact on surrounding areas. Mr. Parks also presented
a map showing the various water levels and streams and springs on the property. He
noted that 89 acres of the property has slopes over 25% and six spring fed streams
are located on the property, which are perennial in nature. Mr. Parks presented a
map showing the development, as proposed. He noted that the club house (Hansen house)
will be renovated during the development of Phase I. Mr. Parks noted that he felt
this plan meets the recommendations of the Comprehensive Plan and requested that
Commission approve the RPN as submitted,subject to the Staff's conditions. He noted
that he would like to see condition #8 rewording to reflect the comments made by
Mr. Cortez, Fire Official, at the Site Review meeting. He stated that Mr. Cortez had
required that the dry hydrant system be installed during the development of Phase II.
He commented that he did not feel an access across from State Farm Boulevard
would be feasible. He noted that the road would go through the middle of the Odyessy
parking lot and the owner does not wish to sell the parking lot. He noted that an
entrance across from Pantops is not feasible because of the large amount of grading
that will be required and drainage problems that may result. He noted that he feels
the existing entrance is the most logical.
Dr. Hurt, an adjacent owner, stated that it was recommended earlier that an entrance
be located opposite the Pantops entrance. He noted that the applicant would need right-
of-way through his property, which he is willing to exchange for access to the proposed
development from his subdivision.
Mr. Parks stated that he feels that if the applicant constructs a road through
Dr. Hurt's property, he will be opening up a very good piece of commerical property
for development.
Mr. Huffman asked why there isn't any access between Dr. Hurt's property and
the applicant's property.
way.
Mr. Keeler noted that the Staff has no control over access to a public right -of -
Col. Washington stated that he would like to assure that this property will be
served by a central. well system and not by individual wells.
Mr. Keeler noted that Staff's intent, in the conditions, is to allow the applicant
to have more than one central well system.
Mrs. Diehl stated that she is concerned with the permanent visibility of the
upper lots in Phase V. Mrs. Diehl asked how many lots are in Phase I.
Mr. Parks stated that there are 86 lots.
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Mrs. Diehl asked what type of fire protection will be available for Phase I.
Mr. Keeler stated that the Rivanna River or the nearest city fire hydrant.
Col. Washington asked if fire hydrants are located at State Farm.
Mr. Tucker noted that fire hydrants are proposed to be located at State Farm, but
they will not be available until public water becomes available.
Mr. Skove asked if the water system is such that when public water becomes available
hydrants can be located in the proposed development.
Mr. Parks stated that if the line is of the proper dimension this would be possible,
but this property is outside of the area delineated by the Board of Supervisors as the
cut off point for public water.
Mrs. Diehl asked if there is any way to provide for water storage during the first
phase of development.
Mr. Tucker noted that the Commission can require additional storage.
Mr. McCann stated that he would not be in favor of placing this condition on a
development, since the Commission has never required additional water storage before.
He noted that the Commission should rely on the requirements and recommendations of
Mr. Cortez.
Mr. Huffman moved for approval.
Mr. McCann stated that he is concerned with the access to the property. He noted
that he would like to be sure of the entrance location before voting on this item.
Mr. McCann stated that he would like to see something worked out concerning the access
across from Pantops and access to Dr. Hurt's property.
Mr. Skove stated that he would like to see this item approved. He noted that he
feels there are problems with the access and water supply which need to be resolved.
Mr. McCann made a subsitute motion to defer this item until May 29, 1979.
Dr. Moore seconded the motion.
Mrs. Diehl stated that she would like to see some additional comments from the
Fire Official concerning fire protection for Phase I.
Mr. McCann's motion carried unanimously, with no further discussion.
ZTA-79-01. Barbara Corbett has petitioned the Board of Supervisors to amend
the A-1 zone of the County Zoning Ordinance to provide for senior citizens' group
home.
Mr. Keeler presented the Staff Report. Mr. and Mrs. Corbett, the applicant's
were present.
Mr. Skove stated that a 20 person facility is essentially an apartment house.
He asked why is this a use by special permit.
Mr. Keeler noted that the Comprehensive Plan recommends attention be given to
special.,housing needs and in that respect, this use could be considered as different
from an apartment house. Therefore, creation of a new use would be more defensible
than rezoning for general apartment useage.
Mr. Corbett stated that it is their intent to renovate an existing motel
(Old Tuckahoe Motel) to provide this service. He noted that convalescent homes are
currently allowed in the A-1 zone, and they feel senior citizens homes should also
be included.
Mrs. Diehl moved to recommend to the Board of Supervisors that the following
amendment to the Zoning Ordinance be adopted:
Section 16-42.1 Home for Adults: A place, establishment, or institution,
public or private, licensed as such by the
Virginia Department of Welfare and Institutions.
Dr. Moore seconded the motion, which carried unanimously, with no further
discussion.
ZTA-79-02. Harlowe Auction, Ltd.has petitioned the Board of Supervisors to amend
the B-1 zone of the County Zoning Ordinance to provide the following as a use by special
use permit: "Auction House for the periodic sale of new and used goods by auction to
the general public."
Mr. Keeler presented the Staff Report. Mr. Harlowe, the applicant, and Mr. Gallo,
his representative, were present.
Mr. Gallo noted that the reason the applicant has requested auction houses as
a use by special permit, is that he feels it is in the best interest of the public
to have these item reviewed by the Planning Commission and the Board of Supervisors.
Mr. McCann moved to recommend to the Board of Supervisors that the following
amendment to the Zoning Ordinance be adopted:
Section 7-1-42(15) Auction House.
Mr. Skove seconded the motion, which carried unanimously, with no further discussion.
ZMA-79-11. Harlowe Auction, Ltd. has petitioned the Board of Supervisors to
rezone 10.000 acres from A-1 to B-1. Property is located west of Rt. 616, just south
of I-64, and north of Boyd Tavern. County Tax Map 94, Parcel 39.
Mr. Keeler presented the Staff Report.
Mrs. Diehl moved to recommend to the Board of Supervisors that the above request
be denied.
Mr. Vest seconded the motion.
Mr. McCann asked the applicant wh-,> he is requesting a rezoning of such a large
parcel of land.
Mr. Harlowe stated that he would like to keep this area as well screened as possible.
He noted that this rezoning would allow the auction house to be located further into the
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wooded area.
Mr. Huffman asked if the applicant can proffer this petition.
Mr. Payne noted that he can.
Mr. Gallo presented a preliminary sketch to the Commission denoting a problem
with the setback.
Mrs. Diehl asked if they can get a variance.
Mr. Keeler noted that a variance would not be lawful on this property.
Mr. McCann stated that he would like to see this property proffered.
Col. Washington asked the applicant, if he has the alternative to rezone only
a portion of the 10 acre tract.
Mr. Gallo stated that this is an alternative that they have not discussed.
Mr. Harlowe stated that he would be willing to considered only rezoning the
portion of the 10 acre tract that would be used by the building.
Col. Washington asked if the Commission could act on this change in rezoning
or would a new application need to be submitted.
Mr. Keeler noted that the Commission could act on it at the meeting and he
suggested the following wording for the motion: "Rezone Tax Map 94, Parcel 39A a
distance of 60 feet in a line parallel to the common property line between parcels
39A and 39; to the width of parcel 39A."
Mr. Vest made a subsitute motion to recommend approval of this rezoning to the
Board of Supervisors using the above wording stated by Mr. Keeler.
Mr. McCann seconded the motion, which carried unanimously, with no further
discussion.
SP-79-18. Harlowe Auction, Ltd. has petitioned the Board of Supervisors for an
auction house on 2.486 acres zoned B-1. Property is located on the west side of Route
616 just south of I-64 and north of Boyd Tavern. County Tax Map 94, Parcel 39.
SP-79-19. Harlowe Auction, Ltd. has petitioned the Board of Supervisors for an
auction house on 10.000 acres zoned A-1 (proposed to be zoned B-1). Property is located
west of Route 616, just south of I-64 and north of Boyd Tavern. County Tax Map 94,
Parcel 39A.
Mr. Keeler presented the Staff Report. Mr. Harlowe, the applicant, and Mr. Gallo,
his representative, were present.
Mr. Gallo stated that his client is concerned with condition #3 (no outdoor sales...)
since this presents a problem with auctioning farm implements. He also noted that his
client is concerned with conditions #4 (No outdoor amplification system...). Mr. Gallo
stated that his client currently uses a P. A. system all over the county and has not had
any problems.
Mrs. Diehl noted that the problem is with people living adjacent to an auction
house and hearing a loudspeaker on a fairly regular basis.
Mr. Huffman stated that it would be very bad for an auction business for all
business to be conducted inside a building. He noted that people need space to examine
items they may be interested in purchasing.
Mr. McCann asked if most of the sales will be held inside.
Mr. Harlowe noted that sales dealing with furniture and oriental rugs will be held
inside the building.
Mr. Keeler noted that he would like to be sure the applicant is aware that customer
parking can occur in the A-1 zone, but any sales or storage of items must be done in the
B-1 zone.
Mr. Harlowe stated that he currently sales items in the A-1 zone and he would like
to know why he can not do so now.
Mr. Payne stated that a one time event (tale) is an accessory use in the A-l;zone.
He noted that more than one sale would be a violation of the zoning ordinance.
Mr. Keeler stated that the Commission might wish to discuss the frequency of
outdoor sales if a P. A. system is to be allowed.
Mr. McCann suggested that one outdoor auction per month be allowed.
Col. Washington asked the applicant if he would consider 6 a year.
Mrs. Diehl moved to recommend approval of SP-79-18, to the Board of Supervisors.
Mr. Vest seconded the motion, which carried unanimously, with no further discussion.
Mr. McCann moved for approval of SP-79-19, with the 60 foot rezoning, to the
Board of Supervisors with the following conditions: (these conditions of approval apply
to both requests for special use permits.)
1. No signs visible from I-64;
2. Site plan approval. In the development of the site plan, the applicant shall be
mindful of the following:
(a) The building and parking areas should not be visible from I-64;
(b) Maintenance of as many trees as possible to serve as screening from I-64 and
Route 616;
3. Outdoor sales limited to six days per calendar year;
4. Amplification system noise level at the nearest residential property line, ownership
other than the applicant, shall not exceed 40 decibels;
5. Any refreshments, food, or drink use shall be accessory to the auction house and shall
not be operated except during auctions.
Mr. Vest seconded the motion, which carried unanimously, with no further discussion.
There was no further discussion and the meeting adjourned at 11:00 p.m.
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