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HomeMy WebLinkAbout09 09 80 PC MinutesSeptember 9, 1980 The Albemarle County Planning Commission conducted a public hearing on Tuesday, September 9, 1980, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members present were Mr. James Skove; Mr. David Bowerman; Mr. Corwith Davis; Col. William R. Washington, Chairman; Mrs. Norma Diehl, Vice -Chairman; and Mr. Charles Vest. Absent were Mr. Kurt Gloeckner and Mr. Tim Lindstrom, ex-Officio. After establishing that a quorum was present, Col. Washington called the meeting to order. Minutes of July 22, 1980, were approved subject to the corrections and editions made by Mrs. Diehl and Mr. Bowerman. Minutes of August 12, 1980, were approved as submitted. L. C. Parrish Final Plat: Upon the request of the applicant, Mrs. Diehl moved deferral until October 7, 1980. The motion was seconded by Mr. Skove, and carried unanimously, with no discussion. SP-80-55. Central Virginia Electric Coop. has petitioned the Board of Supervisors for a transmission right-of-way on 41.3 acres zoned A-1. The proposed right-of-way is adjacent to the existing transmission line starting at Midway, going south and southwest and leaving Albemarle County just north of Route 631, at the Nelson County line. Mr. Skove disqualified himself from the discussion and vote, though he did not leave the room. Mr. Keeler presented the staff report, noting the letter from Mr. Dollins in opposition to the petition. Mr. Bruce Williamson, attorney for the Coop. was present, along with Mr. Dick Booth, Consulting Engineer; Mr. Jerry Reid and Mr. Walter Tucker of the Coop. to answer questions. Mr. Williamson addressed the Commission, stating the need for the transmission line in the northern part of Nelson. He said that in the future this line will be needed by the residents of Albemarle County as well, contrary to the information presented in the staff report. The benefits of this route over other alternative routes are less cost and less disruption of the countryside. He said that the remedy for the detriment to property values is the condemnation process. He advised the Commission that he was authorized by the Nelson County Administrator to state that Nelson county favors the piggy -back type plan over any other type of installation, without the benefit of an in-depth study. Mr. Williamson stated that the Nelson County Administrator will be present for the Board of Supervisors' review of the petition. He advised the Commission that the part of the line which goes through the watershed requires a special permit. He urged the Commission to take action that evening otherwise there would be another 12-15 month delay prior to the commencement of service that is needed. Mr. Dick Booth, Consulting Engineer, said that the Martin's Store Substation is receiving power from VEPCO. He said that alternatives mentioned in the staff report were dismissed because they are not as effective as this proposal, one reason being that this alternative reduces the amount of new right-of-way that will be required. This alternative will eventually have the benefit of a looped system which means one line can be out of service and customers will still receive electrical service. The cost of the two alternatives discussed in the staff report cost $1.4 and $1.2 million respectively. The proposal before the Commission will cost just under $750,00, which is quite a difference in cost, from the point of view of the cooperative. He said that the construction of the project will add a little over $400,000 in tax base to the county. Mr. Bob Merrill, an affected property owner, objected to the method of planning since the urgency is not as apparent as CVEC has indicated. He said that according to the report filed with the SCC noting the need for a 13% increase, this use was really for Wintergreen, and was based on the 1975-1980 use by Wintergreen for their large water tower, ski lifts, etc. Dr. Seymour Rabinowitz objected to the aesthetic pollution the additional right-of-way and transmission line will have on his residence. He felt the real issue is Wintergreen vs Albemarle County. He said that the Coop. was very vague in its initial contact with affected citizens. He felt the character of the area will be drastically changed if this special use permit is approved. Mr. Webb said that the tax revenue will go to Nelson County, not to Albemarle County. Ms. Claire Whittaker said that her house was built in 1910 and that the existing line was placed too close to the old residence. She said that this proposal would only make a bad situation worse. Mr. Lee Johnston said that he needed a permit to construct his house because his property lies within the South Fork Rivanna Reservoir Watershed. He felt that surely they would need a runoff control permit as well. In fairness to those opposing the special permit request, he felt it only right that they should be provided with a cost analysis of the various alternatives. Mr. E. T. Fox said that if this proposal is permitted, he will own only a piece of property that falls under a power line. Mr. Bill Parr opposed the transmission line and asked that the permit be denied. Mr. Jason Eckford, on behalf of his uncle, felt that this will be a double dip into the properties of these various owners for the bendfit of those living in Nelson County in second homes. He pointed out that in most cases, the houses affected in Albemarle County are the only residences these individuals own. Mr. A. F. Canady disapproved of the line because of the proximity to his house. He felt it is dangerous for a line to come within 73 feet of the corner of his house, and within 57 feet of his daughter's house. Mrs. Brenda Martin said that her house is almost new and has been a major investment for her and her husband. She asked that the permit not be approved. Messrs. J. Bryan and Frank Craig expressed the feeling that the line is not needed and therefore should be denied. Mr. Wortman agreed that there seems to be no real need for this line. Mr. Merrill said that the line will wipe out many of his trees which could cause problems for his heirs. Mrs. Glass said that she was present to support her neighbors, though she did not feel directly affected. Mr. Shifflett said that 50 feet more will take his house, and of course he adamantly objects to the proposal. Mrs. Thomasson said that she is concerned for the aesthetics of the property as well as property values in the area. Ms. Anne Craig said that approval will depreciate her farmland and timberland. Mr. William Bond said that this is not a piggy -back line, rather a parallel line, which is intolerable to him. Mrs. Robinson said that she does not want to contend with further destruction of her land. y Mr. Jim Methany opposed the request and asked the county to deny the special use permit. Mr. Doug Reynolds said that he was present to support his neighbors. Mr. Booth, on behalf of the coop., attempted to clarify some points raised by the citizens. He said that the line is needed, though Nelson will benefit more than Albemarle County. However, he felt that Albemarle County will benefit some now, but more in the future. He acknowledged the concerns of the property owners. Mr. Reid for the Coop. said that the 1985 time range is unreasonable. He felt that for the general public, aesthetically the line's impact is not that tremendous. He said that the tax base increase for Albemarle will be $400,000. He agreed that a special permit will have to be applied for in Nelson County because part of the line falls within the floodplain. With no additional public comment, Col. Washington closed the public hearing. Col. Washington cited a previous application by Vepco where no extra right-of-way was required and new poles were to be set without interruption of service. He asked why more right-of-way is needed. Mr. Booth replied that the coop. would "like to build the new line at 115 kv and they are minimizing the disturbance that will serve the total area - which is 11 substations. ` Col. Washington said that since this is a coop, why do they not secure the power from APCO. Mr. W. Tucker of CVEC replied that they have been trying to do that for three years, but thus far have been unsuccessful. d9s Mr. Bowerman asked if power to Midway is lost if Albemarle and others receive service. Mr. Booth replied "no." Mr. Bowerman established that only one proposed service route is agreeable to the coop. He said that he sees no benfit to this proposal if power to Midway is lost. Mr. Booth said that as an engineer he can see the advantages. Mr. Bowerman then suggested that one pole with all the lines would be better than two in the area. Mr. Booth said that it is not possible to rebuild transmission lines like one can rebuild distribution lines. Mrs. Diehl questioned the time frame for usage of the 46 kv line. Mr. Booth replied that it is for the next 5-10 years. Mrs. Diehl ascertained that a minimum of 50 feet of right-of-way is required. Mr. Williams stated that the cost of acquisition of the right-of-way as well as the construction of poles and lines for this alternative is $741,000. Mr. Davis said that his primary concern is the scar on the land. Mr. Bowerman said that he is convinced of the need for additional power, however he is not convinced that the method for providing the service is the proper alternative. He moved for denial of the special permit because the various alternatives did not seem to have had adequate study. Mr. Williamson said that dealing with APCO is not a viable alternative, since they will not freely serve the coop. Mr. Davis established from Mr. Keeler that additional right-of-way is not properly reflected on the plan. He also established that in the future the distri- bution lines will have to be relocated. Mrs. Diehl said that she shares the same concerns as Messrs. Bowerman and Davis, however she would like more information on the cost analysis of the various alternative routes, as well as written input from Nelson County. She offered the substitute motion that the special permit be deferred until this could be accomplished. Mr. Davis seconded this motion. Mr. Williamson on behalf of the coop. asked for Commission action that evening. Mrs. Diehl withdrew her motion upon the approval of Mr. Davis. Mr. Vest said that he would second the motion made by Mr. Bowerman for denial. Col. Washington said that he does not know what will be accomplished if the permit is denied. He felt that more pressure should be placed on APCO for an alternative source of power. The motion for denial carried by unanimous vote, with no additional discussion. SP-80-42. WILL ROTHACKER has petitioned the Board of Supervisors for public amusements pursuant to Section 7-1-42(7.1) of the Zoning Ordinance on 10.32 acres zoned B-1. Property is located on the north side of Route 250 East on Pantops Mountain. Tax Map 78, Parcel 9, Rivanna District. Upon the request of the applicant, Mr. Vest moved that the Commission accept the request for withdrawal. The motion was seconded by Mr. Bowerman, and carried unanimously, with no discussion. SP-80-47. RALPH DAMMANN has petitioned the Board of Supervisors for a Home Occupation Class B on 11.220 acres zoned A-1. Property is located east of Eastham. Tax Map 63, Parcel 30C, Rivanna District. Mr. Keeler presented the staff report, noting the comments from the Highway Department. Mr. Dammann was present to answer questions. There was no public comment; Col. Washington closed the public hearing. Col. Washington established that this sort of permit runs with the land but part of the nature of the application is the proposed use. Mrs. Diehl felt that if there are future retail sales, an entrance per the recommendations of the Highway Department should be required. Mr. Skove said that he does not think this will generate a lot of traffic. He noted that no sign is proposed and was advised by the applicant that not only does he live there, his father and brother reside in the immediate area as well. Mrs. Diehl moved approval subject to the following conditions: 1. Compliance with Section 16-44.1 Home Occupation: Class B of the Zoning Ordinance; 2. Building Official and Fire Official approvals; 3. No retail sales on premises without Virginia Department of Highways and Transportation approval of commercial entrance. Mr. Bowerman seconded the motion, which carried unanimously, with no discussion. 0 SP-80-49. WILLIAM S. RAY has petitioned the Board of Supervisors for a Home Occupation Class B on 6.0 acres zoned A-1. Property is located on the south side of Route 676 approximately 1 mile northwest of the intersection of Routes 743 and 676. Tax Map 44, Parcel 21, part thereof, Jack Jouett District. Mr. Keeler presented the staff report, noting for the record that the Albemarle County Zoning Ordinance requires that no traffic be generated from a Home Occupation. Mrs. Ray was present for Mr. Ray, but had no comments. There was no public comment, and Col. Washington closed the public hearing. Mr. Vest moved approval of the special permit subject to compliance with Section 16-44.1 Home Occupation: Class B of the Zoning Ordinance. Mr. Skove seconded the motion, which carried unanimously, with no discussion. SP-80-51. LESTER RICE has petitioned the Board of Supervisors for a public garage on 0.508 acres zoned A-1. Property is located on the north side of Route 250 East, approximately 3/4 mile southeast of Royal Acres at the intersection of Routes 250 and 744. Tax Map 80, Parcel 59C, Rivanna District. Mr. Keeler presented the staff report, noting the letter of endorsement from Mr. J. W. Carter. He also read the comments from the Highway Department. Mr. Ralph Main, attorney for the applicant, said that due to the sale of the property that Mr. Rice was leasing for his business, it became necessary to find another location. He said that Mr. Rice is agreeable to removing all debris from the proposed location. There was no public comment and Col. Washington closed the public hearing. Col. Washington suggested limiting the number of cars that can be on the site at one time. Mr. Rice said that normally he has about 12 cars on the site at one time, but he plans to keep them behind a chain link fence that is locked. This will be on the east side of the building. Mr. Skove established that the applicant had no problems with the recommended conditions of approval. Mrs. Diehl said that she would like to see a site plan for this with a definitive parking scheme. She questioned what the Highway Department's statement regarding upgrading the entrance meant. Mr. Keeler replied that it is likely upgrading the entrance with a 200 foot taper and a 200 foot turnlane for a commercial. entrance, since this is a primary road. Mrs. Diehl moved approval of the special permit subject to the following conditions: 1. Virginia Department of Highways and Transportation review and approval of entrance; 2. No outside storage of parts including junk parts; 3. Removal of vending machines, bus, and other abandoned materials within 60 days of Board approval of this petition; 4. Building Official and Fire Official approval of use of building as a commercial garage; 5. Fire Official approval of gasoline pumps for reuse; 6. Health Department approval of adequacy of existing drainfield; and 7. Planning Commission approval of site plan. Mr. Bowerman seconded the motion. Mr. Main expressed concern for the time frame under which Mr. Rice is operating, noting that there will be a time period in which he has no place to operate his business. Mrs. Diehl felt that certain things will have to be done in order to ascertain that the private structure can be used as a garage. The motion carried by a vote of 4-2, with Messrs. Davis and Vest dissenting. SP-80-54. James E. and Pearl Washington have petitioned the Board of Supervisors for a Home Occupation Class B on 3.220 acrew zoned A-1. Property is located on the west side of Route 616, approximately 1 mile southeast of Keswick. Tax Map 80, Parcel 87A, Rivanna District. Mr. Keeler presented the staff report, and read the comments from the Highway Department. Mr. Washington stated that he proposes this use since he feels there is a need for it in that part of the county. There was no public comment and Col. Washington closed the public hearing. Upon questioning from the Commission, Mr. Washington said that he picks up most of the engines he works on. He said that he could push the bank down somewhat to improve the sight distance. Mr. Skove questioned if the nature of the bisiness means a lot of traffic will be generated. Col. Washington said that if the business is any success at all, he feels there will be some traffic. Mrs. Diehl noted that Mr. Washington expects no employees, and moved approval subject to the following conditions: 1. Except as otherwise provided in these conditions, compliance with Section 16-44.1 Home Occupation: Class B of the Zoning Ordinance; 2. No auto body work or gasoline sales shall be permitted; 3. Not more than two (2) vehicles awaiting repair/return shall be parked outdoors on the property at any one time; 4. No outside storage of parts including junk parts; 5. Building Official and Fire Official approval; 6. Staff approval of site plan and landscape/buffer plan; 7. No person other than members of the family residing on the premises shall be engaged in such occupation; 8. No retail sales on premises without Virginia Department of Highways and Transportation approval of commercial entrance. Mr. Bowerman seconded the motion, which carried unanimously, with no discussion. There was no additional discussion or business, and the Commission adjourned at 11:10 p.m. NO