Loading...
HomeMy WebLinkAboutOctober 19731078 Mr. Grice Whiteley, a resident of West Leigh, wanted to know where the entrance to this subdivision would be located. He stated that he was of the opinion that the plat of West Leigh controlled the granting of a right-of-way on Cumberland Road. Dr. Catlin stated that Route 678 traversed the property being rezoned. A representative of Blue Ridge Swimming Pool stated that they had not received appropriate notification of the hearing and that their notice had gone to a past president. Mrs. Mary Ann McCauley, an adjoining property owner, was concerned about the road situation, the school situation and the water supply. She stated that their water supply had been leaking a brown substance and that there had been recently a difference in the flow of pressure. Upon request of Mr. Henry Odell, there was a large show of hands of property owners in opposition to the rezoning request. Mr. Louis Scribner, a member of the Board of Citizens for Ivy, wanted to know if water was provided from Meriwether Hills, would it be tested frequently? If the request was not about 30 years premature with regard to the Master Plan? If this was not too large a subdivision to be added on to? Didn't the developer want to give water to West Leigh so that he could get water lines for his new subdivision? Dr. Carey Suiter asked the Commission what alternatives the property owners in the area had? Dr. Catlin replied that if the request was not granted, the developer could then put a dwelling per every two acres of land. Mr. Grice Whiteley, asked the Planning Commission to defer action on this petition until the water situation had been resolved. 1079 There were other similar comments from other members of the public. Those being: Dr. Whartman, Mrs. Dorothy Speidel, Mr. Francis DeBondts, Mr. Harry Lyons, Dr. Berkland, and several others. b. ZMP-283. Acme Visible Records has petitioned the Albemarle County Board of Supervisors to rezone 36.42 acres of land from M-1 Industrial to A-1 Agricultural. Property is situated on south side of the C & 0 Railway, about 3/4 mile east of Crozet. Property is described as County Tax Map 56, Parcel 94. White Hall Magisterial District. Miss White read the staff report commenting that the staff could not find fault with this request and that they assumed it was for tax purposes. She noted however if rezoned A-1 Agricultural it could be hard to cause it to be rezoned back to M-1 later. Mr. Verlin W. Baker, Assistant Secretary and Assistant Treasurer of Acme Visible Records, told the Commission that the parking lot on this property was being closed because it was so near the railroad and that the topography of the land was not suitable for M-1 Use. He stated that it was for tax purposes. Mr. Staley wanted to know if there was a lagoon in this area? Mr. Baker said that there was a lake that was used as a drain for print shop waste. Mr. Easter stated that there were two points which he thought were very important. Those being: 1) There was a limited number of M-1 sites adjacent to a railroad. 2) Whether or not the use as a lagoon was considered an M-1 use? After further discussion by Commission members, Mr. Carr motioned that the request be denied. The motion was seconded by Dr. Sams and carried unanimously by those members present. c. ZMP-284. Lawrence E. Hund and Charles M. Manning have petitioned the Albemarle County Board of Supervisors to rezone 2.34 acres of land from R-2 Residential to B-1 Business. Property is situated on east side of Route 743, Hydraulic Road, at the intersection of Route 657, Lamb's Road. Property i080 is described as County Tax Map 61, Parcel 27. Charlottesville Magisterial District. Miss White read the staff report commenting that the staff was opposed to further commercialization of Hydraulic Road and Rio Road under the present B-1 zone with its broad usage. She stated that doctors and professional offices could locate in the area providing services for the potentially high density area. She told the Commission that the staff could not recommend a B-1 zone for this property because of the abundance of vacant B-1 zoning. Dr. Hund and Dr. Manning presented letters stating willingness to restrict the use of the property and stating the purpose for the rezoning request to the Commission. They told the Commission that this property would be less expensive to develop, the accessibility was good, and that there was sufficient parking. Mrs. Fran Martin wanted to know if deed restrictions were imposed, who would be responsible for their enforcement? Dr. Catlin stated that any development on the land would have to come before the Commission for site plan review and Mr. McClure added that deed restrictions could be enforced by the County of Albemarle. Mr. and Mrs. Minor, adjoining property owners, wanted to know how many offices would be located in the building, would overnight facilities be available, etc.? Dr. Catlin replied that these questions would have to be answered when the site plan came up for review. Mr. McClure motioned for approval of the request conditioned upon restrictions being incorporated in the deed restricting the land to office use and enforced by the County of Albemarle. Dr. Sams seconded the motion which carried unanimously by those 1081 members present. d. SP-296. Warren L. Coats, Jr. has petitioned the Albemarle County Board of Supervisors to locate a basement apartment on 8.27 acres of land zoned A-1 Agricultural. Property is situated on south side of Route 641, about 1.2 miles west of Route 29 North. Property is described as County Tax Map 20, Parcel 28A. Rivanna Magisterial District. Miss White read the staff report stating that the new zoning ordinance would make provision for this type of request for an "accessory living unit". She said that the staff recommended approval conditioned upon the residence retaining the appearance of a single family dwelling and health department approval of a septic tank. Mr. Coats assured the Commission that there would be no change in the outside appearance of the dwelling. Dr. Sams motioned for approval of the request which was seconded by Mr. Carr and carried unanimously by those members present. e. SP-298. Ralph Dammann has petitioned the Albemarle County Board of Supervisors to locate an apartment in a house on 11.22 acresof land zoned A-1 Agricultural. Property is situated on the east side of Route 20 North about 3/4 mile north of Eastham. Property is described as County Tax Map 63, Parcel 30A (part thereof). Rivanna Magisterial District. Miss White read the staff report commenting that the new zoning ordinance would make provision for this type of request for an"accessory living unit". She said that the applicant had indicated that this use would be only temporary, and that the staff recommended approval conditioned upon health dept. approval. Mr. Ralph Dammann informed the Commission that they would like to incorporate an apartment to help pay off their mortgage while he was in graduate school. Dr. Dammann reiterated his son's statements. After further discussion by the Commission, Mr. Rinehart 1982 motioned for approval of the request conditioned upon a five year time limit and health dept. approval of a septic tank. Mr. Carr seconded the motion those members present. which carried unanimously by f. SP-300. John Snead has petitioned the Albemarle County Board of Supervisors to locate a permanent mobile home on 6.11 acres of land zoned A-1 Agricultural. Property is situated on east side of Route 721, about 3/4 mile north of intersection with Route 6. Property is described as County Tax Map 126, Parcels 22A(1) and 22A(3). Scottsville Magisterial District. /that Miss White read the staff report commenting on April 14, 1969 that Mr. Snead had received approval for a conditional use permit to locate two mobile homes on 6 acres which also contained his house. Since that time, one of the mobile homes was removed. She stated that the applicant now wanted to replace it with another mobile home. As Mr. Snead was not present, Mr. Carr motioned that the matter be deferred, as they needed more information concerning the application. The motion was seconded by Mr. Tinsley and carried unanimously by those members present. g. SP-301. Fred L. Cobbs has petitioned the Albemarle County Board of Supervisors to locate a permanent mobile home on 60.1 acres zoned A-1 Agricultural. Property is situated on east side of Route 626, about 1/2 mile south of its intersection with Route 735. Property is described as County Tax Map 133, Parcel 75. Scottsville Magisterial District. h. SP-302. Vernard W. Hurt has petitioned the Albemarle County Board of Supervisors to locate a permanent mobile home on 60.1 acres of land zoned A-1 Agricultural. Property is situated on east side of Route 626, about 1/2 mile south of its inter- section with Route 735. Property is described as County Tax Map 133, Parcel 75. Scottsville Magisterial District. Miss White stated that both of the applicants were issued an emergency flood permit for mobile homes on July 6, 1972, and that these permits had expired and the applicants were notified that they must apply for special use permits. She told the Commission that the mobile homes were located at least 100' from 1083 Route 626. Mr. Marvin Brinkley, Mr. Baber, the landowner's cousin, and another gentleman were present to represent the applicants. They told the Commission that these were hardship cases and that neither Mr. Cobbs or Mr. Hurt were able to find other living quarters. They told the Commission that one was receiving social assistance and the other received a small pension. After further discussion by the Commission, Mr. Rinehart recommended approval of SP-301 for a period of up to five years, approved administratively each year under the condition that the applicant lived in the trailer with the landowner's permission. Miss White told the Commission that she did not think that screening was really necessary. Mr. seconded the motion which carried unanimously by those members present. Mr. Rinehart made an identical motion for SP-302 which was seconded by Mr. and carried unanimously by those members present. i. SP-303. Donald Tucker has petitioned the Albemarle County Board of Supervisors to locate a barn for horses on 4.59 acres of land zoned R-1 Residential. Property is situated on south side of Williston Drive in West Leigh Subdivision. Property is described as County Tax Map 59C(1), Parcel 32 and 33. Samuel Miller Magisterial District. Miss White read the staffreport commenting that the applicant proposed to construct a stable behind his residence. She stated that if the Planning Commission and Board of Supervisors approved the petition, that they may wish to place a limit on the number of horses permitted on this 4.5 acres. Mr. Thompson, an adjoining property owner in West Leigh, recommended to the Commission that they approve the application. Mr. Tucker stated that he had letters from 3 adjacent property owners voicing approval. He stated that he would like to limit 1084 the number of horses to be no more than 4. Mr. Tinsley motioned that the petition be approved limiting 144) the number of horses at any one time to 4. Dr. Sams seconded the motion which carried unanimously by those members present. There being no further business, the meeting was adjourned. 9 1085 October 8, 1973 ,.. This was a work session of the Albemarle County Planning Commission held on October 8, 1973 at 7:30p.m. in the Board Room, County Office, Building, Charlottesville, Virginia. Those present were: Chairman Avery Catlin, Mr. David Carr, Mr. Wilbur Tinsley, Mr. Louis Staley, Dr. James Sams and Mr. Peter Easter. Also in attendance was Mr. Lloyd Wood, Supervisor, and Mr. George St. John, County Attorney. The Chairman at this time established that a quorum was present and asked the Commission to consider the minutes commencing with June 4, 1973 through August 6, 1973. The minutes as noted above were approved unanimously by those members present with the following amendments thereto: 1)Page 942, Paragraph 3, change'Miss Nancy Wilcox"to reads YUss Carolyn Wilcox."2) Page 949, Paragraph 5, change the wording to read, "Mr. McClure advised that if the request comes back before the Commission in July that it would probably be approved and that he would have to suffer the consequences. That consequence being that the rezoning of the land from RS-1 to A-1 would in reality preclude the second dwelling going on the property because of the minimum lot requirements under A-1. It was felt that this would defeat the applicant's desire to have two dwellings on the property even though it would permit the location of mobile homes". 3) Page 970, Paragraph 8, change the paragraph to read, " Mr. Rinehart made a motion to approve Special Permit 268, subject to a fifty foot minimum setback with administrative approval annually up to five years, andapproval based on it being a member of the immediate family utilizing the mobile home and approval of the health department of a septic tank system'. 4) Page 983, first line, change to read, "Mr. Rinehart motioned" in 1086 lieu of Dr. Catlin. 5) Page 975, in the description of zoning map petition 279, change"Route 29 North"to read, "Route 29 North". This concluded the minutes as noted above with amendments. At this time, Dr. Catlin and Mr. George St. John presented a change in wording of the approval of the site plan containing 54 units, and known as "Stonehenge" which came before the Commission at its meeting,of July 30th, 1973. The present reading as found on Page 1010, is as folbws: "Therefore, Mr. Rinehartbcomplete motion was to p.pprove preliminarily the entire subdivision and give final approval for Phase 1 containing 54 units, contingent upon the certificate of occupancy being issued only after the Meadow Creek Treatment Plant had been updated, said updating to be described by a letter from the Rivanna Water and Sewer Authority because the Planning Commission feels that the overloading of the plant is not in the best interest of the County as regards to safety, health and welfare". The proposed change in wording is to read as follows: THIS AGREEMENT made and entered into this 8th day of October, 1973, by and between GREAT EASTERN MANAGEMENT COMPANY, INC., a Virginia corporation, herein- after sometimes referred to as "Great Eastern", and the ALBEMARLE COUNTY PLANNING COMMISION, hereinafter sometimes referred to as the "Commission". WITNESSETH: 1) The Commission hereby agrees to delete the condition on the issuance of occupancy permits imposed upon the Stonehenge Townhouse site plan submitted by Great Eastern and approved by Commission at its Jiffy 30, 1973, meeting, and to substitute therefore the following: Approval is subject to the follwwing conditions as to sewer: (a) Certificates of occupancy for the first fifty-four (54) units are conditioned upon Great Eastern's being able to connect said units to public sewer. (b)Certificates of occupancy for the remaining one hundred thirty-nine (139) units, or any portion thereof, are conditioned upon the receipt by the commission of a letter from the appropriate 1087 Authority or Governing Body entitled to provide sewer connections for the Stonehenge Townhouses that they have sufficient capacity to receive and treat the sewerage from said units. (2) Great Eastern hereby accepts the above conditions and agrees as follows: (a) That nothing in the agreement shall be construed as a guarantee by the Commission as to the availab.ility of public sewer. (b) To immediately enter into a consent order for the dismissal of a certain action entitled Great Eastern Management Company, Inc v Albemarle County Planning Commission presently pending in the Circuit Court of Albemarle County, Virginia. WITNESS the following signatures and seals: GREAT EASTERN MANAGEMENT COMPANY, INC. BY (John Taggart, Attorney and Agent) ALBEMARLE COUNTY PLANNING COMMISSION BY (George R. St John, Attorney) Im 1038 The change was found to be in keeping with the Commission's action held on July 30, 1973 and was approved unanimously by those members present. Mr. St. John stated that in his opinion the proposed change was not in conflict with the original intent, as proposed by Mr. Rinehart. At this time, the Chairman called for the scheduled work session on the proposed zoning ordinance. 1. The Secretary, at this time, asked for clarification as to the disposition of the -proposed application for permitting mobile home subdivisions in Albemarle County. He stated that he was not sure whether the Commission had intended that this provision was tobe afloating type zone or a separate standard district. A general discussion followed which indicated that the original Commission's intent was to have it established as a separate district. However, after much discussion on the validity of a floating zone, the Commission was undecided as to the proper approach and the Chairman instructed the staff to present his recommendation with regards to the proper provisions which would make the application of a mobile home subdivsion proper with reference to administration, Mr. Humphrey at this time, recommended that the mobile home subdivision be provided for in the Residential zone under a special permit provision. He felt that this approach afforded the County proper control and was administratively a better approach to the desire of the Commission to provide for this type of low cost housing. Mr. Humphrey was instructed by the Commission to preclude the Mobile home subdivision provision from the Conservation, Agricultural, and Industrial Commercial zones. The staff indicated that they would prepare the proper amendment for the=Commission's review as soon as possible. 1089 At this time, the Chairman called for the discussion with reference to the proposed Historic District within the proposed Zoning Ordinance. Mr. Humphrey elaborated on past work that had been accomplished by the Commission with reference to this district, and stated that in his opinion, the district was in order with the exception of possibly a final review by the County Attorney. Mr. St. John indicated that he had reviewed the proposed zone several times and thought that it was in order, however, there were possibly some statements within the ordinance which might cause litigation in the future. However, he felt that it was proper and should be included. He added that he felt that the County would be not be arbitrary in locating these historic districts and that a problem should not arise with reference to litigation. A member of the public, Mr. Stevens, also spoke to the district with reference to the possible litigation involving some of the statements, but after the statement by Mr. George St. John, and in the opinion of Dr. Catlin, who stated essentially the same feeling of the County Attorney, Mr. Stevens had no further comment. At the close of the discussion on this district, it was the consensus of the Commission that the district be prepared for inclusion into the proposed Zoning Ordinance as written and amended previously by Mr. Herbert Pickford, the then County Attorney. This concluded the work session as scheduled and at this time the time, the Chairman instructed the Secretary to prepare several items for the Planning Commission's consideration at the next work session. The staff indicated that he desired to present the Natural Resource Zone, the open Space District and the Soil Erosion Ordinance. Mr. St. John indicated that he had review the Natural Resource zone and felt it in proper order as presented by the consultant, 1090 and that he could not elaborate on it further, because he felt that it had been well done, and stands as submitted. There being no further business, the meeting was adjourned. Secretary M 1091 October 15, 1973 This was a regular meeting of the Albemarle County Planning Commission held on October 15, 1973 at 7:30 p.m. in the Board Room, County Office Building, Charlottesville, Virginia. Those present were Dr. Avery Catlin, Chairman; Mr. Clifton McClure, Vice -Chairman; Mr. Jack Rinehart, Mr. Peter Easter, Mr. David Carr, Dr. James Sams, Mr. Wilbur Tinsley, Mr. Louis Staley, and Mrs. Ellen Craddock. The Commission decided to take up a deferred item which was not on the agenda since the applicant was present. SP-300 John Snead has petitioned the Albemarle County Board of Supervisors to locate a permanent mobile home on 6.11 acres of land zoned A-1 Agricultural. Property is situated on the east side of Route 721, about 3/4 mile north of intersection with Route 6. Property is described as County Tax Map 126, Parcels 22A(1) and 22A(3). Scottsville Magisterial District. Mr. Snead told the Commission that there were presently two mobile homes on the property; one of which he needed a permit to keep it there. He told the Commission that he wanted the permit so that a Mr. Taylor, who had no place to live, could stay there. He told the Commission that he would not be collecting rent. Mr. Rinehart asked if there were any dwellings on the property? /said Mr. Snead that there was a cinder block building on the property which was used as a storage area. Mrs. Craddock asked Mr. Snead where the mobile home was placed on the property and whether any screening existed. Mr. Snead replied that the mobile home was at least 200' from the right-of-way and that he presently had 30 white pines to set out. After further discussion by Commission members, Mr. Rinehart moved that the mobile home be approved for a period of 5 years for as 1092 long as Mr. and/or Mrs. 'Taylor resided on the property; screening left up to the discretion of the planning dept.be provided and health department approval. Mrs. Craddock seconded the motion. Mr. Carr wanted to know how the permit would be renewable. It was decided by the Commission that he would have to re -apply at the end of 5 years or before that time, if Mr. and Mrs. Taylor moved or no longer lived in the mobile home. The motion for approval with conditons as listed above carried unanimously by those members present. The Commission then reviewed the site plans: a) Scotts Landing Estates Subdivision -23 lots zoned RS-1 located 1 mile west of Scottsville, Route 726-preliminary subdivision plat - average 1 to 2 acres lots. Miss White told the Commission that the site plan was as approved by the review committee except that one item on 140) the plan listed a 6" drain instead of a 8" drain. Miss White recommended to the Commission that the preliminary plat be approved under the condition that it met the County Engineer's approval. Mr. Carr wanted to know if there would be additional acreage up for approval at a later date? Mr. Clarence Massie replied that approximately 95% of the remaining land was unsuitable. Mr. Rinehart was concerned as to why lots "1" and "23" could not enter onto Totier Drive. After further discussion among Commission members, Mr. Rinehart motioned approval of the preliminary plat conditioned upon the County Engineer's approval, changing the water line from 6" to 8" on the plat and that lots land 23 would exit on Totier Drive. 1XIM 3 Mr. McClure seconded -the motion which carried unanimously by those members present. b) Whitewood Apartments, Phase II - site plan - 93 units on 2.9 acres, 9 stories high, density = 31.9 units per acre. Miss White read a letter from the Albemarle County Service Authority dated October 15, 1973 stating that due to the current uncertainity of the interim up -dating of the Meadow Creek Plant, the Service Authority requests that no occupancy permits be issued until January 1, 1975. Mr. Rinehart questioned Miss White as to the number of parking spaces available. Miss White replied that there was over 1.5 parking spaces per unit. Dr. Sams questioned what the outside of the building would look like? It was ascertained that it would consist of brick w/ masonry work and would be similar in appearance to the "Earhart Building". Mrs. Craddock stressed strongly that she felt a need for side- walks along Whitewood Road and would like provisions made for them in the site plan. There was a lengthy discussion by Mr. Lloyd Wood, Supervisor, Commission members and Mr. Whitt. Mr. Whitt commented that he thought the need for sidewalks was premature at this point. Mr. Huffman was concerned with what affect sidewalks were going to have on public right-of-ways and how expensive this would be? Mrs. Craddock said she thought that this was one item that they should disregard the question of dollars and cents and begin thinking of the welfare and safety of the majority of the people, and that later on no one would want the responsibility. Mr. Dave Wood, attorney, suggested that the sidewalks be put on /side the opposite of Whitewood Road. 1094 Mr. McClure thought this problem should be returned to the site review committee. Mr. Whitt suggested that the planning dept. through their studies with the highway department decide whether sidewalks were necessary and that no occupancy permits be given until sidewalks were completed, if recommended by the site plan committee and planning commission. Mr. Whitt also stated that he would cooperate with the Commission 100% and that he would like to begin building before December 1973. Dr. Catlin asked the Commission to come up with a recommendation for sidewalks in this area. Mr. Whitt wanted to know if the sidewalks would be included within the 60' strip of the right-of-way as shown on the plan? Mr. Lloyd Wood was concerned about the effect this would have on the road being brought into the state system. Mr. McClure made a motion that the site plan be approved subject to the site plan committee's recommendations on sidewalks. Mr. Tinsley was of the opinion that the matter should come back before the Commission. Mr. McClure changed his motion to read that the site plan be approved subject to site plan committee's and Planning Commission's approval as to sidewalk requirements. Dr. Sams seconded the motion. Mr. Carr and Mr. Easter asked that the records show that they had not participated in the discussion and were not voting on the matter. The motion carried unanimously with Mr. Carr and Mr. Easter abstaining. c. Wayside Press -site plan 9 1095 Miss White told the Commission that there were presently no provisions for printing shops in the ordinance.Sbe told the Commission that County water and sewer would be utilized and that the County Engineer's comments were not yet available. Miss White told the Commission that the planning staff recommended approval subject to the County Engineer's approval. Dr. Catlin wanted to know if similar stipulations would be tied to the occupancy permit as in the Whitewood Apt. site plan? Miss White replied that she thought this was a blanket letter. Mr. Ed Bain and Mr. Stoneburner were present to represent the site plan. Mrs. Craddock wanted to know if sidewalks should be required on this site plan? Dr. Catlin said that he did not believe they would be needed since this was not a residential area? Mr. McClure motioned approval of the site plan subject to the following conditions: 1) sewer and water approval by the Albemarle County Service Authority tied to issuance of a occupancy permit and 2) County Engineer's approval. Mr. Carr seconded the motion. Upon questioning of Mr. Staley, it was ascertained that adequate parking of 17 spaces was available. The applicant told the Commission that seeding would be completed in accordance with the Soil Erosion Ordinance, but no landscaping would be done. The motion made by Mr McClure carried unanimously. Mr. Carr wanted to what extent construction was being F carried on at Mr. J. H. Williams property on Route 29 North? Mrs. Miller, Zoning Administrator, replied that footings had been poured, and that she had met with Mr. Batchelor and Mr. William'.s 109h attorney, and that she had a call into the Commonwealth Attorney's Office concerning the matter, and would let the Commission know what he said. d. Four Seasons - 48 apartment units - final phase. Miss White told the Commission that there would be a total of 658 units instead of the planned 690 and that the overall density had been maintained and there would be 4 new builings with 12 units each. Dr. Catlin wanted to know if the development was in conformity with the original site plan? Miss White replied that the development generally complied with the original site plan. Mrs. Craddock wanted to know if the open space areas were located where the site plans indicated. Miss White replied that she did not know. Mr. Wood, Supervisor,told the Commission that the development contained 25% or 25 acres of open space as according to the site plan. Mr. Carr wanted to know the present status as to the availability of sewer. Miss White said she thought Mr. Jones' letter from the Service Authority was a blanket letter. Mr. Craig told the Commission that he already had a committment from the Albemarle County Service Authority. Mr. Carr wanted to know if this meant permission from the County had been superceded. Mr. Craig stated that it did not, and that the committment already existed. Mr. Lloyd Wood said it was his opinion that developments that had already been granted committments were okay, however no future 1097 committments would be made until the Meadow Creek treatment plant was upgraded. Mr. Carr commented to Mr. Craig that he was very pleased with how this PUD had turned out. Mr. Carr motioned that the site plan be approved, which was seconded by Mr. Rinehart and carried unanimously by those members present. e. Earlysville Green Shopping Center - Beauty Shop Miss White told the Commission that the highway department recommended a de -acceleration lane when the flow of traffic warranted it. Mr. Carr suggested that maybe the old trees could be saved when the de -acceleration lane was put in. Mr. Browne, representing the applicant said that this was a review for the beauty parlor only since the whole site plan was approved 3 years ago. Dr. Sams motioned approval of the site plan, which was seconded by Mr. Rinehart and carried unanimously by those members present. Mr. Carr motioned approval of the following amendments which were seconded by Mr. Easter and carried unanimously by those members present. Amend Article 7, Business General District B-1 by adding Section 7-1-42-Motor Vehicle sales, service and rental. Section 7-1-43 - Printing Shops. Amend Article 8, Industrial, Limited District M-1 by adding Section 8-1-27-Motor Vehicle Sales, Service and Rental Section 8-1-28- Printing Shops. Mr. Humphrey told the Commission that they were working on obtaining Piedmont College as the meeting place starting January 1st. - The Commission discussed briefly the City's looking over the County's Subdivision Ordinance. There being no further business, the meeting was adjourned. 9 109�11 October 22, 1973 This was a work session of the Albemarle County Planning Commission held on October 22, 1973 at 7:30 p.m. in the County Office Building, Charlottesville, Virginia. Those members present were: Dr. James Sams, Mr. Peter Easter, Dr. Avery Catlin, Chairman; Mrs. Ellen Craddock, Mr. Wilbur Tinsley, Mr. Louis Staley, and Mr. Jack Rinehart, and Mr. Lloyd Wood, Supervisor. Mr. George St. John, County Attorney, was also in attendance. The Chairman established that a quorum was present. At this time, the Chair recognized that a discussion had been held previously on the meetings held on October 8, 1973 in conjunction with the site plan submitted by Mr. Jim Whitt for a hi -rise apartment building. At that time, the Commission had instructed the staff to evaluate the needs for sidewalks in this area along Whitewood Road. The Chair recognized Mr. Humphrey, the secretary, who presented recommendations regarding sidewalks in general and specifically the location of sidewalks along Whitewood Road. The staff's recommendation was that sidewalks be installed along the property presently to be developed by Mr. Whitt and in conjunction with the hi -rise apartment project. The staff also noted in view of the density that is expected in the area, there will be needsfor pedestrian ways in this area. The staff also indicated that in the location of any sidewalk within the right-of-way of a state maintained road, the normal requirement would be that the sidewalk be located within the right-of-way parallel to and abutting the common line between the private property and the public right-of-way. In the case of Whitewood Road, the sidewalks should be located no closer than 6' from the edge of the pavement on either side of the road. At this time, the Commission discussed 1100 the matter and accepted the staff recommendation for the installation of the sidewalk in conjunction with the proposed hi -rise apartment. It should be noted and made of record that at the request of Mr. Easter, he excused himself from the discussion on this matter. There was a discussion between the County Attorney, Mr. St. John, and Mr. Dave Wood, Attorney for the applicant regarding the legality of requiring sidewalks at this time. The County Attorney informed the Commission that in his opinion, that the provision requiring sidewalks in connection with this development was under the authority of the Planning Commission. At this time, Mr. Rinehart made the following motion that the site plan known as Whitewood Apt, Phase II to be developed by Mr. James Whitt on Whitewood Road be approved as submitted with the condition that sidewalks be constructed along the south side of Whitewood Road in conjunction with the development of the apartment construction and that the sidewalk be constructed to the same standards as that of the sidewalks presently in place located along Greenbrier Drive just south of this property. Said standards being those of the City of Charlottesville. The sidewalk is to be located within the right--of-way and abutting the common property line of the public road and the private property involved in this project. The motion was seconded by Dr. Sams and was approved by unanimous vote of those members present. At this time, a dicussion was held regarding studies within the present urban area for bicycle trails and sidewalks. It was the consensus of the Commission that such a study should be accomplished to assist in the future planning of this area with reference to the circulation of vehicles and pedestrians. At this time, Mr. Rinehart made the following motion which was seconded by Dr. Sams, that the staff be instructed to study the urban area to ascertain the 110i needs for sidewalks and pedestrian ways as well as bicycle trails. The motion carried by unanimous vote of those members present. The Chairman instructed the staff to prepare a resolution regarding policy related to bicycle paths and sidewalks in conjunction with the plans that are to be submitted for approval in the future. Said draft of resolution to be submitted to the Commission as soon as possible for their consideration. At this time, the Chairman called for the work session regarding the revision to the County Zoning Ordinance, however, prior to any discussion on this matter, the Chairman noted further comment may be warranted on the proposed mobile home subdivision and mobile home parks as submitted by the staff and County Attorney. The Chairman noted that the Commission had made provisions for a mobile home subdivision to be a floating district to apply in any residential zone. Further changes were relatively minor. At this time, Mr. Tucker explained a change the staff had made to bring to the attention of the Planning Commission. that change being the approach in providing for mobile home subdivisions in all zones. The staff had suggested and shown the provision to provide for mobile home subdivisions through a special permit provision in each zone. Mr. Tucker noted that the staff had done this prior to the /recommendation submittal of Mr. St. John's being received by the staff. A general discussion followed on the staff's suggested provisions for mobile home subdivisions. A discussion was held on the advantages and the disadvantages of having the mobile home subdivison an individual floating zone as opposed to a special permit provision. Dr. Sams also questioned about uniformity throughout the ordinance relative to the requirement of a PUD under a special permit as opposed to a rezoning petition. The Chairman noted that Mr. Humphrey was not here at the present time and was expected back, and that possibly this could 1102 be dim ussed upon his return. At this time,the Chairman called /the for the review of natural resource zone.He noted that the historic ti district had been approved on October 8th and had been submitted along with the package of information for consideration tonight. 1.Natural Resource zone. Article 17 as submitted; the Chairman had a question with reference to Article 17-1-2. The Chairman questioned whether the natural resource zone should be permitted in the R-1 zone which is a residential zone. The present opinion to delete the natural resource zone from the R-1 by virtue of its density. The County Attorney noted that this most likely would be an area where it may be zoned R-1 but no development had taken place. The Chairman noted that if that was the case, why let it in any zone. At this time, the County Attorney presented some suggestions. Reference 17-1-1: Mr. St. John noted that there were more mineral deposits than just sand and gravel that should be covered. It was the consensus of the Commission that this item be amended to cover all of the mineral deposits which is iron, ore, coal, etc. A discussion was held on the reasoning for having some zoning classifications entitled "Districts and Other Zones". It was the consensus that the final editing should reflect one approach to make the classifications uniform in all respects. It was also the consensus of the Commission that the natural resource zone with a special permit should be permitted in all zones and not the selected few as suggested by the consultant. The County Attorney then addressed himself to Article 17-3-2. This Article refers to frontage requirements and it could not be ascer- tained by those members present including the staff as to what was the objective of having a minimum requirement. Mr. Humphrey was to communicate with Mr. Rosser Payne to ascertain what he had in mind 1103 by making this provision. A discussion was also held on a requirement for a maximum 80% coverage for activity on any site within a natural resource zone. It was concluded that this was a carry over from previous zones. It was a consensus that the maximum 80% was to assist the County in assuring that there would be a buffer strip around the distracting activity. A discussion was held on provisions requiring fencing and it was a consensus that all such activity should be fenced irregardless of what land they abut. At this time, Mrs. Craddock wanted clarification on Article 19-6 within the subject zone. The County Attorney, Mr. St. John, noted that he had some comments regarding this, and they were that the statement referring to the Commonwealth Attorney should be removed from this article. In lieu thereof it should refer to the governing body or its agent. It was also the consensus of the Commission with reference to bonding requirements that said bonding requirements be required to be reviewed at the end of each five year period for possible reduction or increases. At this time, the Commission considered the Soil Erosion and Sedimentation Ordinance. The County Planner indicated to the Chairman that there were three items which he wished to see changed /of agriculture and they are: 1. That a new definition be drafted to close the loopholes that now exist which are being taken and utilized by some developers. 2. That the 15,000 square foot exemption be reduced to 5,000 square feet. 3. That the provisions requiring 90 days for an applicant to apply for a request for remedial measures of an existing condition be reduced to 45 days. It was the consensus that this be done. At this time, the staff explained their position on mobile home subdivisions under a special permit application as opposed to a rezoning application. It was the consensus of the commission that Mr. Humphrey 1104 in cooperation with the County Attorney would review the staff proposal for permitting mobile home subdivisions and report back as to the best procedure at the next regular meeting. There being no further business, the meeting was adjourned. 9 11('L; Planning Commission Work Session Meeting October 29, 1973 The Planning Commission held a work session meeting on October 29, 1973 at 7:30 p.m. in the Board of Supervisors' Meeting Room, County Office Building, Court Square, Charlottesville, Virginia. Members present were Dr. Catlin, Chairman, Mrs. Craddock, Dr. Sams, Messrs. McClure, Carr, Tinsley, Staley, and Rinehart. The only member absent was Mr. Easter. Mr. George St. John, County Attorney, Mrs. Ruth Miller, Zoning Administrator, and Mr. Bob Tucker, Assistant County Planner, were also present. There being a quorum present, the Chairman called the meeting to order at 7:35 p.m. The Chairman announced that the Commission was asked to take up the matter of a revised site plan for J.H. Williams, and asked the pleasure of the Com- mission, stating that in his opinion work sessions will not be useful if time is taken up with emergencies. On question of Dr. Catlin, Mrs. Miller stated that she has reviewed the revised site plan with the applicant's attorney, and it appears to be in order; that Mary Joy White and John Humphrey were not available when this request to be heard came in; therefore, she could not say that all conditions have been sat- isfied; that there is a notation on the revised plan indicating approval by the County Engineer. Mr. Blodinger, attorney for the applicant, asked to speak to the emergency involved. Mr. Blodinger stated that the building on the site had been started under a misunderstanding of a building permit and had been stopped; that the site plan had first been considered by the Commission a month ago, at which time the 1106 Commission required that certain revisions to the site plan be made and returned to the Commission; that he had been unable to meet with Mr. Humphrey and Mrs. Miller prior to the 2nd meeting, but has since net with them and is now of the opinion that all required revisions have been sat- isfied. Mr. Blodinger stated that the emergency is that Mr. Scott Goss will be leasing the proposed building in which he plans to operate a motorcycle shop; that he is expecting delivery of 66 Harley Davidson motorcycles around the first of the month with with no place to put them other than some pos- sible temporary place that Mr. Williams has; that Mr. Williams feels that if he can get going right away he can have the building under roof in less than 30 days; that Mrs. Miller had indicated that seeding of the property was needed because of an erosion problem, and that has been done. Mrs. Fran Martin, interested citizen, commented that she was of the opinion that to consider the site plan at a work session meeting would be highly irregular since interested parties would have no notice that it was to be considered, and to consider items out of order would seriously limit and hamper citizen participation. The Chairman asked for a consensus of the Commission as to whether the site plan should be considered. Mrs. Craddock stated that the Commission must have some basis for its decision; that, in her opinion, to consider it would be an intrusion upon the work session; that there was not a great deal of respect shown to the Com- mission's extensive review of the plan; that now the Commission is being asked to review the plan at a time convenient to the developer; that she was against hearing the case out of order on those grounds. Mr. McClure stated that, in his opinion, if the Commission determines that there is an emergency they should hear it; that the Commission is an 1107 administrative body. Dr. Sams expressed concern that the Commission might be setting a pre- cedent; that if indeed an emergency was established it should be heard; that he concurs with Mrs. Martin's remarks and is of the opinion the item should not be heard. Mr. Rinehart stated that in the past the Commission has accommodated ap- plicants in this way, and in his opinion, if the Commission decides to hear the case it can be disposed of in short order. Dr. Sams pointed out that the revised plan had been on the agenda two weeks prior, but the applicant did not appear, and the revised plans were not received at that time. Mr. Blodinger stated that because he was unable to meet with Mrs. Miller and Mr. Humphrey he had asked for deferment. Dr. Catlin stated that he now understands that the motorcycles will be arriving in 2 or 3 days, and it will cost money to store them temporarily. Mr. Goss, lessee of the proposed building, stated that, besides the 66 motorcycles, 27,450 parts will be arriving which will have to be stored; that the emergency lies in the large investment in the parts and their storage. Dr. Catlin stated that since this site plan has not been to the Site Plan Committee, he would be very hesitant to consider it. Mr. Carr stated that he agrees with Dr. Catlin; that the Commission is an administrative body and has to make certain adjustments; that he agrees with Mrs. Craddock that the applicant has at times shown displeasure with the Commission; that this applicant has expressed disagreement with the Commission on several occasions, and he would bring his problems to the Commission or its Secretary in the hope of resolving them; that as a technical matter if this plan has not been before the Site Plan Committee, when is the earliest it can be heard by the Commission? 1108 Mrs. Miller stated that Mr. Humphrey had indicated it could be on the November 5 agenda; that it was her opinion that Miss White felt that since the only two Site Plan Committee members involved in the recommended changes are the Highway Department and Service Authomity, it was not necessary to bring it before the entire Committee; that there is a notation on the plan by the Service Autho3oity indicating approval; that although there is no cor- respondence from the Virginia Department of Highways, Mr. Warner had told her verbally that there is no problem with pipe size. Mr. McClure moved that the Commission hear the site plan. Mr. Carr seconded the motion. The motion failed by a vote of 5 to 3; Messrs. McClure, Rinehart and Carr voting aye; Dr. Catlin, Dr. Sams, Mrs. Craddock and Messrs. Tinsley and Staley voting no. The Chairman announced that the Williams site plan would be on the November 5th agenda. Work Session Mr. St. John stated that he would like to speak to Mobile Home Sub- divisions before taking up Article 20. Mr. St. John asked that Mobile Home Subdivisions be set up as requiring a Special Use Permit in all zones rather than a floating zone as originally decided. Mr. St. John suggested that the General Provisions section have a provision to have valid restrictions for Mobile Home Subdivisions. The above suggestions were acceptable to the Commission. Article 20 - General Provisions for Open Space Mr. Carr asked if the Board of Supervisors had been approached as to its opinion of open space being deeded to the County. Mr. St. John stated that he is not aware of any law that would prevent the County from accepting a dedication of land to be used for public use. Mrs. Fran Martin questioned that the proposed Article 20 does not spell out what the open space is to be used for. Mr. Carr asked if the Planning Commission has the authority to require a developer to build specific recreation facilities within the required open space. Mr. St. John replied that could not be done. Mrs. Joan Graves asked if it is possible to use the term "active and passive" open space with definitions. Following discussion of the question, it was agreed that the last par- agraph on page 94, Section 20-2 should be amended to read as follows: "Such open space lands shall not be denuded, disturbed, defaced or destroyed in any manner except with approval of the PlanningCom- mission; such open space land may be used for recreational structures such as swimming pools; tennis courts , walkways, riding trails, athletic courts, etc." Article 11 - General Provisions for Off -Street Parking The Commission was of the opinion that "R district" in the second line of Section 11-1-1 should be changed by spelling out "residential," as well as through out the ordinance, all districts should be spelled out. Mr. St. John stated that Mr. Humphrey had drafted Article 11, and after reviewing it, is of the opinion it is a good article as it stands. On question of Mrs. Craddock there followed a discussion of 11-2 line 4, "where practical difficulties prevent such location." It was decided to leave as is. On further question of Mrs. Craddock concerning Section 11-3-2, "parking for visitors and tradesmen," after discussion, it was decided to leave as written. After question by Mr. Rinehart concerning Section 11-8-17 "furniture, hard- ware, building material sales, and home improvement stores," discussion followed. The Chairman requested that Mr. Rinehart and Mr. Carr get together with Mr. 1110 Humphrey to revise the section. Dr. Sams expressed concern over the wording of Section 11-6-2 and suggested that it be re -worded to require that lights used to illuminate /noi to affect parking areas be so arranged as traffic on adjacent roads. The Com- mission concurred with Dr. Sams' suggestion. Article 19 - General Regulations Mr. St. John pointed out that in all instances where "building permit" appears should be changed back to "zoning permit." Following discussion, it was agreed to delete paragraph 3 of Section 19-2 and replace with the following paragraph: "Nothing in this ordinance shall be construed to require the governing body or its agent or the Planning Commission to approve any use, building, or structure which shall be found to constitute a nui- sance or to constitute a danger to the public health, safety and general welfare or injurious to the surrounding neighborhood or con- trary to the spirit of this ordinance." 19-4 Certificates of Occupancy Mr. St. John stated that the section has already been reviewed and changes made; that he would send copies of the section as approved to the Commission. Section 19-5-1 Mr. St. John recommended the following sentence: "The Board of Supervisors hereby reserves unto itself the right to grant, conditionally grant or deny a special use permit, after hearing and recommendation by the Planning Commission." Mr. Carr expressed concern for the wording of Section 19-5-5. Following discussion the Commission was of the opinion that they want to review any expansion of a nonconforming use by "special use permit," and requested Mr. St. John to re -word 19-5-5 to reflect that. The Commission further requested that a condition be added to 19-5-4 stating that the Planning Commission may impose a time limitation of 18 months with right for renewal. 19-6 Uses not provided for 19-6-1 19-6-2 19-6-3 Mr. St. John read his suggestions for the above sections which the Commission concurred. Mr. Carr asked for clarification of Section 19-8, Widening of Highways and Streets. Following discussion it was decided that 19-8 should stand. 19-9 Screening requirement Spell out Commercial and Industrial There followed a discussion of fee schedules. It was agreed that a fee schedule would be included as a part of the ordinance. 19-12-1 and 19-12-2 - It was agreed that these sections be changed to comply with the Subdivision Ordinance. 19-14 through 19-14-4, Restrictions Adjacent to Airports Mr. St. John was asked to rewrite Section 19-14-3. 19-15-A At the time of application for "re -zoning" Mr. St. John was asked to rework and return to Planning Commission. Following discussion, it was agreed to delete lines 5 and 6 under A) and to delete paragraphs B) and C), of 19-15. The meeting adjourned at 10:20.p.m. Respectfully submitted Ruth Miller (Mrs.) Acting Secretary