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HomeMy WebLinkAbout09 04 79 PC MinutesSeptember 4, 1979 The Albemarle County Planning Commission conducted a meeting on Tuesday, September 4, 1979, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members present were Col. William Washington, Chairman; Mrs. Norma A. Diehl, Vice -Chairman; Mr. Layton McCann; Mr. Charles Vest; Mr. Kurt Gloeckner; Dr. James Moore; Mrs. Joan Graves; Mr. James Skove; Mr. James Huffman; and Mr. Tim Lindstrom, ex-Officio. Other officials present were Mr. Ronald Keeler, Assistant Director of Planning; and Mr. Frederick Payne, Deputy County Attorney. Col. Washington called the meeting to order after establishing that a quorum was present. SP-79-46. Central Telephone of Virginia has petitioned the Board of Supervisors to locate an unmanned telephone switching unit on 2.571 acres zoned A-1. Property is located on the east side of Route 601, near Free Union. County Tax Map 29, Parcel 44B, White Hall District. Mr. Keeler said that the BZA deferred action on the pending variance until September 11, 1979, and therefore the staff asks that the Commission defer any discussion and action until their meeting that evening. Mrs. Diehl moved deferral until September 11. Mr. Vest seconded the motion, which carried unanimously. In the absence of several of the applicants, the Commission clarified for Mrs. Diehl its action on the density in Neighborhood 1. Mr. Payne advised Mrs. Diehl that the 1-acre density around the reservoir had been addressed in the motion for only Neighborhood 1. SP-79-49. Central Telephone of Virginia has petitioned the Board of Supervisors to locate an unmanned telephone switching unit on 10 acres zoned A-1. Property is located on the south side of Route 664, just northwest of the intersection of Routes 663 and 664, and just west of Chestnut Grove Baptist Church in Earlysville. County Tax Map 19, Parcel 16B, Rivanna District. Upon motion of Mrs. Graves and second by Mr. Skove, the Commission unanimously voted to defer action on this request until the end of the meeting, in view of the absence of the applicant. SP-79-56. Northern Piedmont Electric Coop. has petitioned the Board of Supervisors to locate a power substation on 2.8854 acres zoned M-1. Property is located on the east side of Route 606 approximately 8 miles north of Charlottesville, Virginia near the intersection of Routes 606 and 29 North. County Tax Map 21, Parcel 14D, Rivanna District. Sd Mr. Keeler presented the staff report and read the comments from the Highway Department. The applicant stated that he is a little concerned about the height limitation and prefers the limitation be somewhere around 36-37 feet. He said that the structure would certainly not exceed 40 feet. The reason for requesting the 40 feet is safety. Mrs. Graves questioned if the airport glide path conflicts with the height over 30 feet. Mr. Keeler said that the 30 feet was recommended on the basis of previous applications. There was no public comment and Col. Washington closed the public hearing. Mr. Huffman suggested striking condition #4 as recommended by the staff. Mr. McCann felt that the condition ;3hould be maintained, but the height should be changed to 40 feet. Mr. Huffman moved approval of the special permit subject to the following conditions: 1. Site plan approval to include: a. sufficient berm on northern and eastern property line with evergreen trees (4'-6' in height) on 15 foot centers on top of the berm in order to screen the substation from Route 29 North; b. tresspass fencingg around su:Dstation structures; C. Virginia Department of Highways and Transportation approval of a commercial access; 2. Grading permit; 3. Access limited to Route 606. No access shall be permitted from Route 29 North; 4. Structures shall not exceed 40 feet in height. Mr. McCann seconded the motiDn, which carried unanimously, with no discussion. SP-79-51. The County of Albemarle has petitioned the Board of Supervisors to locate a health clinic on 2.1 acres zoned A-1. Property is located southwest of Route 627 and approximatley 0.5 miles south of Route 6 near Esmont. County Tax Map 128, Parcel 79B, Scottsville District. Mr. Keeler explained that Mr. Russell Otis, the Housing Coordinator, was to represent the county in this application, and he is not present and requests deferral until September 11. The Commission decided that in view of the interest from the public on this matter, it would take public comment. Mr. Keeler presented the staff report and read the letter from Dr. Prindle. He noted for the record that Mr. Ronald Thompson owns the property, but the County of Albemarle is actually the applicant. He said that the Commission must take two actions of this request: (1) it must determine if it is in compliance with the Comprehensive Plan; (2) it must approve or deny the application. The representative from New Hope Baptist Church spoke in favor of the requested health clinic under the conditions proposed in the staff report. 5r Col. Washington closed the public hearing at this point, noting that if there is additional public comment, it will be opened at the next consideration. Mr. Gloeckner moved deferral until September 11. Mr. McCann seconded the motion, which carried unanimously. SP-79-54. Edward W. and Betty Knight Scripps have petitioned the Board of Supervisors for an executive office on 193+ acres zoned A-1. Property known as "Eagle Hill" (formerly "Lewisfield") is located on the east side of Route 601, approximately � mile north of the intersection of Routes 676 and 601. County Tax Map 43, Parcel 40A, Jack Jouett District. Mr. Keeler presented the staff report and comments from the Highway Department. He also read a letter from Mr. Magruder Dent, an adjoining property owner, requesting that the use be limited to two employees. Mr. Douglas Zerkel, representing the applicant, pointed out that this is an existing building which has in the past been used for office space. He said that this is to be used as the Scripps' private office, and is not really the executive office, which will remain in San Manteo, California. There was no public comment and Col. Washington closed the public hearing. Mr. Skove established that no advertising sign is proposed on the highway. Mr. Zerkel advised the Commission that limitation to two employees would be agreeable. One full time secretary and possibly one part time secretary is all that will be necessary. Mr. Skove moved approval of SP-79-54 subject to the following conditions: 1. More than two employees related to the executive office use shall require amendment of this special use permit; 2. Staff approval of site plan; 3. Virginia Department of Highways and Transportation approval of commercial entrance; 4. No signs related to office use to be visible from any public road. Mrs. Diehl seconded the motion, which carried unanimously, with no discussion. SP-79-52. Patricia Ann Tiffany has petitioned the Board of Supervisors to locate a general, gift, craft, and antique store on 31.88 acres zoned A-1. Property is located on the left of the access road, off Route 250 West, leading to Patricia Ann's Country Store. County Tax Map 55, Parcel 19, White Hall District. Mr. Keeler presented the staff report, and read the comments from the Highway Department. He also read into the record a letter from the Highway Department requesting that the Tiffanys move their covered wagon advertising sign from the right-of-way. Mr. Keeler further pointed out that he understands that some of the conditions of SP-261 have never been met. 05 ( Mr. Lindstrom entered the meeting. ) Mr. Hank Tiffany, representing his wife, said that the existing country store is not energy efficient and too large, and as a result his wife had chosen to sell the store to the Ewalds, owners of The Very Thing, located at the Boar's Head. He said that Mrs. Tiffany has sold about one-third of the merchandise that was in her store, and has the remainder in storage, awaiting the approval of the special permit for construction of a new store, much smaller than the previous one. He said that Mrs. Tiffany runs a creditable operation which has been a credit to the county, and he therefore requests approval of the special permit. Mr. Bruce Rasmussen, representing the Plummers (adjoining property owners), opposed the request as proposed. He said that the topography is not suitable to a country store and the Plummers are requesting protection from further commercialization of the property. Furthermore, he said that the Plummers are concerned about the erosion on the property which has been damaging their own property. He said that the erosion is worst on the proposed location of the store. He read from the statement of intent of the A-1 zone and also read an agreement entered into by the Tiffanys and Plummers that was approved by the court. Col. Washington closed the public hearing, since there was no further comment. Mr. Tiffany said that thePlummers' house and acreage is zoned B-1, and they knew that this area could be commercial when they purchased their property. He said that they have kept their covenant with the Plummers and have never cropped the land in question. Mr. Skove established that this would make two commercial uses on this piece of property, which seems excessive without a rezoning. Dr. Moore said that he has a problem with the applicant because this is gradually changing the character of the neighborhood. Mrs. Diehl established that there is other commercial land in the area and therefore hates to further commercialize A-1 property. Mr. Skove moved/denial of the special use permit. Dr. Moore seconded the motion, which carried unanimously, with no discussion. ( Mr. Lindstrom left the meeting. ) The Albemarle County Planning Commission has adopted a resolution of intent to amend the Subdivision Ordinance to provide for family divisions. Mr. Keeler presented the staff report and possible language for the amendment. Mr. Gloeckner questioned if the review by the county is the state's idea or the county's idea. Mr. Payne replied that the counties are required to write reasonable provisions to cover the state statute. Mr. Skove questioned if it is clear that the Zoning Ordinance takes precedence over the code. Mr. Payne replied that Section (f) takes care of this. Mrs. Graves ascertained that there is no appeal to the Planning Commission if one of these subdivisions is approved or denied, rather that the court would consider the appeal. She asked if the size variance could be appealed to the BZA. Mr. Payne said that the wording of the amendment is an attempt to minimize the problems of such things as maintenance agreements on private roads. He pointed out that the state statute does not provide for technical requirements for a plat, which could be a problem ( one problem is the possible omission of tax map and parcel number and therefore no easy identification for the property ). He said that as the statute reads, there could be title problems. Col. Washington pointed out that with this sort of division there could be problems with pipestem lots, frontage improvements, etc. Mr. Payne explained that the statutue became effective July 1, 1979. Mr. McCann questioned no sale prior to holding the property for five years. Mr. Payne said that this would prevent a sham of the intent of the ordinance. Mr. McCann said that he sees no economics in making one hold property five years before being able to sell it. He said that the proposed wording is an attempt at stopping the General Assembly in its tracks. He said that it is giving with one hand and taking away with the other. The wording of the amendment will not help those individuals the state is trying to help. Mr. Gloeckner agreed, stating that the state is trying to relieve families from the burden of bureaucracy. He said that he does not mind the county, through its Planning Staff, reviewing the plat for conformance with acreage, and matters of health, safety, and welfare, but he opposes all the other restrictions. Mrs. Paige Massey said that families should not have the burden of all the rules and regulations when dividing, among family members, property that has been held by a family for generations. She said that she opposes more red tape placed on citizens by the county and feels this particular wording to be a hardship. Col. Washington closed the public hearing, since there was no more public comment. Mrs. Diehl moved deferral on the matter until October 2 in order that the staff could bring alternative wording, along with information from the Virginia Association of Counties on the wording, as well as the intent of the General Assembly. Dr. Moore seconded the motion. Mr. Payne said that he feels the proposed wording is as close as possible to the intent of the General Assembly and the state statute. The motion to defer until October 2 carried unanimously. ZMA-79-30. Windham, Inc., has petitioned the Board of Supervisors to rezone 0.65 acres from R-2 Residential to B-1 Business. Property is located on the west side of Route 240 in Crozet, just south of the C and O Railway. County Tay: Map 56A(1), Parcels 58, 59, 60A and 62. White Hall District. Mr. Gloeckner disqualified himself from the discussion and vote by leaving the room. Mr. Keeler presented the staff report, noting that the zoning is needed to meet the setback in order to effectuate the site plan. Mr. Stan Tatum advised the Commission that this rezoning will facilitate the development of Windham Place, noting that currently the properties in question have dual zoning. Mrs. Graves questioned the ownership of the property. There was discussion at this point if the necessary individuals have signed the application for rezonincf in view of the different ownerships. Mr. Payne advised the Commission that %NB and Windham properties were properly before the Commission. Mrs. Graves then questioned if the properties are going to intensify in use and what effect this will have on the package treatment plant and its capacity. Mr. Keeler replied that the properties will not intensify in use, but to put in the use at all they must have access to the treatment plant. Mr. McCann moved approval of the rezoning subject to determination that it is properly before the county. Mr. Vest seconded the motion, which carried unanimously. Mr. Keeler asked that the applicant submit the appropriate contracts, signature, etc. by September 7, 1919 to assure that this item can be placed on the Board's agenda. The Albemarle County Planning Commission has adopted a resolution of intent to amend the Subdivision Ordiance to delete review of subdivision plats by the Town of Gordonsville and the City of Charlottesville. Mr. Keeler presented the staff report, noting that this resolution is also a result of recent action by the GE:neral Assembly. Col. Washington inquired if this is good or bad when looking at any possible threat of annexation from the City of Charlottesville. Mr. Payne said that if it has any bearing at all it is positive. In the past cities have had more standing than counties and this statute gets rid of that assumption. In other words, the General Assembly repealed the Enabling Legislation -; this review. requiring SS Mr. Keeler asked if this could be maintained in the ordinance. Mr. Payne replied that this would not be possible. He pointed out that in the past the city has had control outside its boundaries. Mr. Keeler said that he is referring to treating the city as an adjoining property owner with the right of input. Mr. Payne said that would be all right. Mr. McCann moved repeal of Section 18-6 and Section 18-6.1. Mrs. Graves seconded the motion, which carried unanimously, with no discussion. SP-79-49. Central Telephone of Virginia: In the absence of the applicant, Mr. McCann moved deferral of discussion and action on this item until September 11, 1979. Mr. Skove seconded the motion, which carried unanimously, with no discussion. SP-79-55. Central Telephone of Virginia has petitioned the Board of Supervisors to locate an unmanned telephone switching unit on 0.99 acres zoned A-1. Property is located on a gravel road off the south side of Route 641, approximately 1/8 mile east of Route 29 North. County Tax Map 21, Parcel 28A, Rivanna Magisterial District. In the absence of the applicant, Mr. McCann moved deferral of discussion and action on this request until September 11, 1979. Mr. Gloeckner seconded the motion, which carried unanimously, with no discussion. With no further business, the Commission adjourned at 10:30 p.m. IR 19