HomeMy WebLinkAbout07 10 79 PC MinutesJuly 10, 1979
The Albemarle County Planning Commission conducted a public hearing on
Tuesday, July 10, 1979, 7:30 p.m., Board Room, County Office Building, Charlottesville,
Virginia. Those members present were Col. William Washington, Chairman; Mrs. Norma
Diehl, Vice -Chairman; Mr. Kurt Gloeckner; Mr. Layton McCann, Mr. James Huffman;
Mr. Charles Vest; Mr. James Skove; Mrs. Joan Graves; Dr. James Moore; and Mr. Tim
Lindstrom, ex-Officio. Other officials present were Mr. Robert Tucker, Director of
Planning; Mr. Ronald Keeler, Assistant Director of Planning; Mr. Frederick Payne,
Deputy County Attorney.
Col. Washington called the meeting to order after establishing that a
quorum was present.
Cosmopolitan Spa Site Plat Addition - located on Westfield Road, west of
Route 29 North; proposed addition to the spa for racquet ball courts.
Charlottesville District. Deferred from June 26, 1979.
Mr. Keeler presented the staff report.
Mr. Sandy Lambert, on behalf of the applicant, stated the staff's condi-
tions were agreeable.
There was no public comment, and Col. Washington closed the public hearing.
Mr. McCann moved approval with the following conditions:
1. Fire Official approval;
2. County Engineer approval of curbing and drainage facilities;
3. Staff approval of landscape plan.
There was no discussion on the motion.
Mr. Vest seconded the motion, which was carried by a vote of 7-0-1, with
Mrs. Diehl abstaining due to late arrival.
SP-79-29. Robert Vanderveer has petitioned the Board of Supervisors
for a duplex on 3.045 acres zoned A-1. Property is located in River-
view Farms Subdivision on Route 785, near the North Fork of the Rivanna
River. County Tax Map 33, Parcel 18 (part thereof). Rivanna District.
Col. Washington stated applicant requested withdrawal of his petition
without prejudice.
Mrs. Diehl moved for approval of the request.
There was no discussion on the motion.
Mr. Gloeckner seconded the motion, which carried unanimously.
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SP-79-31. A. L. Kyser, Sr., has petitioned the Board of Supervisors to
locate retail stores and shops on 1 acre zoned R-3. Property is located
on Route 631 approximately 4 mile east of the intersection of Routes 631
and 781. County Tax Map 76, Parcel 52L(1), Scottsville District.
Mr. Keeler presented the staff report, noted applicant was requesting
only one use of the property, and that use will determine any need for adequate
water or sewer. He then read comments from the Virginia Department of Highways and
Transportation.
(Mrs. Graves entered the meeting.)
Mr. Kyser stated there will be only one shop, a sporting goods shop.
Mr. C. C. Walker, an adjacent owner to applicant's property, stated that
when he bought there, he thought this would be a residential neighborhood. But
the mobile home park and store which are presently there came in before zoning.
He also stated the road conditions are bad and the road has not been paved in 45
years with several accidents happening in the immediate area. He noted the poor
condition of the one-way bridge. Lastly, he stated the land is being used to the
maximum at this point, in his opinion.
Mr. Kyser noted the property will not need additional water or sewer
facilities, there will be no additional buildings and the property will meet
appropriate codes of the Health Department, Virginia Department of Highways and
Transportation, etc.
Col. Washington closed the public hearing.
Mrs. Diehl asked applicant what type sporting goods would be in the
store.
Mr. Kyser replied that the store would have general type goods on a
small scale, family type operation.
Mr. Huffman asked if existing structure has sewer facilities.
Mr. Kyser: No.
Mr. Payne stated he felt facilities would be required by the building code.
Mrs. Graves said she felt this use in R-3 meant convenience to apartments.
Mr. Skove noted that with 25 acres zoned B-1 in the area, he felt there was
no need to allow any additional.
Mr. McCann said that he had no problem with the B-1 zoning in the area, but
he felt that such a small piece of property already has sufficient uses.
Mrs. Diehl agreed.
At this point, Mr. Kyser presented papers for Planning Commission perusal.
Mr. Payne informed the people present that the letters that were handed
to him were one from the Health Department dated 1971 which commits additional
hookups for the mobile home park, and one from Joe Goldsmith noth-4 mobile home
park is non -conforming use but can be expanded on certain lots.
Mr. Skove moved denial.
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SP-79-32. Virginia Television Co., Inc. has petitioned the Board
of Supervisors for a TV tower site with small aperture receiving
terminal on 6.30 acres zoned A-1. Property is located on the west
side of Route 743 approximately � mile south of the intersection of
Routes 676 and 743. County Tax Map 45, Parcel 16A, Jack Jouett District.
Mr. Keeler presented the staff report.
Mr. Hal Bowen, on behalf of Virginia Television, explained the type
of antenna that is proposed.
Mrs. Graves moved approval of the request.
Mr. McCann seconded the motion, questioning if the motion includes
Building Official approval.
Mrs. Graves felt that would naturally follow.
The motion carried unanimously, with no discussion.
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There was no discussion on the motion.
Mr. McCann seconded the motion, which carried unanimously.
SP-79-33. Roadway Express has petitioned the Board of Supervisors
to locate a truck terminal on Broadway street ( Carlton Extension ), and is
approximately -� mile north of I-64 East. The north side of the property abuts
the C and O Railroad. County Tax Map 77, Parcel 40F ( part thereof ). Rivanna
District.
Mr. Payne disqualified himself from discussion by leaving the room.
Mr. Keeler presented the staff report and read comments from the Virginia
Department of Highways and Transportation in which they state there is not adequate
hydrant flow for this use but it should be addressed at the site plan level.
Dr. Moore established that this property is no longer owned by the original
developer.
Mr. Cliff McClure, on behalf of the applicant, stated there is a (1) con-
tractural agreement to bring the road to state standards. Applicant's position is
that the certificate of occupancy will be tied to the state's accepting the road
or else maintenance agreements will be required. Also, (2) tests are being conduc-
ted on hydrants and it appears that a 6-inch line from the city feeds into the
owner's 8-inch line. Mr. McClure also stated that an extension of existing use
is being asked for and Roadway Express will be the owner as opposed to a lessee.
There was no public comment and Col. Washington closed the public hearing.
Mr. Keeler read the conditions of approval for the 1977 site plan. It was
noted that there was only one use on the property at that time of approval. The
Site Plan was eventually approved by the Planning Commission.
Mrs. Graves established that there will be a separate entrance for this
use.
Mr. Gloeckner stated he sees no problem as the existing zoning is M-1
and the property will continue to be used as now.
Mr. Gloeckner moved approval.
Mr. McCann seconded the motion.
Discussion:
Col. Washington asked that the request be repeated.
Mr. Keeler answered that in 1977 applicant's request was for temporary use
and that now, after 2 years, permanent use is desired.
Mr. Skove asked how a road gets into the state system.
Mr. Huffman replied that 3 users will get a road into the state system if
the road is built to the state's standards.
Mrs. Graves stated she would like conditions on the road to be at the
special use permit level.
Col. Washington said he felt the road should be addressed at this level.
Mr. Huffman suggested the condition should be that the road be accepted
into the state system, bonded for construction, to be built to state standards or
a maintenance agreement approved by the County Attorney's office.
Mr. Gloeckner said he would accept the condition, but felt it was overkill.
Mr. McCann stated he felt the condition need not be placed, since it is
an existing use.
Mr. Skove added the site plan process can be relied upon to settle the
road matter.
The vote of 8-1 with Dr. Moore dissenting.
Mr. McClure added the road will be brought up as 16 more parcels were to
be used there.
Mr. Payne reentered the meeting.
ZMA-79-19. John Bosely and S. Leigh Wynne have petitioned the Board of
Supervisors to rezone 1.441 acres from A-1 to B-1. Property is located
in Mechunk Acres, on the east side of Route 616, just south of I-64.
County Tax Map 94A, Parcel A(1), Rivanna District.
Mr. Keeler presented the staff report and read comments from the Virginia
Department of Highways and Transportation. He noted a letter from Mr. Bosely of
July 9, 1979 stating 11 favorable reasons for rezoning the property.
Mr. Bosely said he felt this area is where Keswick will start developing
and sees no reason to hold this quadrant back.
Col. Washington established that the property is served by no facilities.
There was no public comment.
Col. Washington closed the public hearing.
Mr. Gloeckner questioned the reason for the 1976 rezoning.
Mr. Tucker replied that the applicant made it evident to the Board that
a use was eminent.
Mrs. Diehl established that no B-1 land in that quadrant is being used.
interstates
Mr. McCann said he feels land in quadrant of / should be B-1, not
residential. Noted abutting B-1 land.
Mr. Skove commented he feels the area is overzoned.
Mr. McCann said he feels appraisal is as though it is B-1.
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Mr. Gloeckner stated he agreed with Mr. McCann; he feels the Board has
committed this interchange to B-1.
Mr. Keeler noted the unusual tax history since 1967.
Mr. Payne reported that the Real Estate Office thought this property was
zoned B-1, and it has been taxed at that rate. The tax map shows the property as
A-1. The error seemed to have been perpetuated.
Mrs. Diehl noted there seemed to be no pressure to develop the existing B-1
property nearby.
Mr. McCann said the property was just about closed in by B-1 zoning, and
he can't see this property being used for residential purposes.
Mr. Huffman stated the A-1 zoning was not good planning inasmuch as the
remainder of the area is zoned B-1.
Mr. Bosely commented that he had envisioned the property as having a country
store, that he already had a contract for the property as he was under the impression
at the time of the contract that the property was indeed zoned B-1.
Mr. McCann moved for approval.
Mr. Vest seconded the motion.
There was no discussion.
The motion was carried by a vote of 6-3 with Mr. Skove, Mrs. Diehl and
Mrs. Graves dissenting.
ZMA-79-20. Cedar Hill Homes, Ltd. has petitioned the Board of Supervisors
to rezone 4.85 acres from A-1 to M-1. Property is located on the north-
west side of Route 29 North, approximately z mile north of Airport Acres.
County Tax Map 32, Parcel 221, part thereof, Rivanna District.
Mr. Keeler presented the staff report and read comments from the
Virginia Department of Highways and Transportation.
Mr. Ben Dick, representing the applicant, noted the number of times the
applicants have moved since being in the county. He stated the applicant's request
seemed reasonable considering the adjacent property's uses, PID, M-1 zoning in the
area, etc. The applicant, he said, is requesting rezoning of only that area they
need for mobile home sales and service. The Site Plan will have elaborate land-
scaping, he noted.
zoning.
There was no public comment.
Col. Washington closed the public hearing.
Mr. McCann stated he agreed with the request because of the surrounding
Mr. Gloeckner agreed also and moved for approval.
Mr. McCann seconded the motion.
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Discussion:
Mrs. Diehl noted she was not happy with the access to the mobile home park
being through the business district but stated this problem could be addressed
at the site plan level. vad
The vote was unanimous for approval.
Old Business:
Col. Washington stated he would like to commend the Planning Commission
for its review of the zoning ordinance.
Col. Washington requested a convenience chart in the zoning ordinance
of heights, setbacks, etc. at least as a work sheet.
The Commission adjourned at 9:00 p.m.
tobert W. Tucker, Jr. seciAtary
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