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HomeMy WebLinkAbout05 11 82 PC Minutes11�hw MAY 11, 1982 The Albemarle County Planning Commission held a public hearing on Tuesday, May 11, 1982, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Ms. Norma Diehl, Chairman; Mr. Richard Cogan; Mr. David Bowerman; Mr. Allen Kendrick; Mr. Tim Michel; and Mr. Jim Skove. Other officials present were: Mr. Keith Mabe; Mr. Ron Keeler; and Mr. Fred Payne, Deputy County Attorney. Absent: Commissioner Davis and Ex-Officio, Ellen Nash, The Chairman called the meeting to order at 7:30 p.m. and established that a quorum was present. The minutes of November 5, 1981 were approved as submitted. SP-82-20 Margaret C. Carson - Request in accordance with Section 10.5.2 of the Zoning Ordinance to subdivide 16 acres (out of 31.943) zoned RA Rural Areas into 3 residential lots with an average lot size of 5.33 acres and 15.943 acres in residue to be added to the adjoining tracts. County Tax Map 100, parcel 27F (part thereof), Samuel Miller Magisterial District. Located approximately 13 miles south of ^ Charlottesville, off Route 29 South onto Route 708 southeast, northeast onto Route 706, approximately 1000 feet, southern side of Route 706, near Red Hill. Mr. Keeler presented the staff report. Staff recommended denial for the following reasons: (1) Proposal does not satisfy the RA criteria for granting a special use permit; (2) Approval would set precedent for similar requests; (3) Reluctance to support residential development in the vicinity of an active quarry; and (4) Reasonable use of the property has been made available under existing zoning and tax laws. Other staff concerns were: (1) Some parcels may lack required building area and have severe access problems; and (2) Soils on the property have moderate to severe limitations for development. The applicant was represented by Mr. Robert Huff' He explained the reason for the sale of the land. He explained that the applicant has a personal financial need to sell the property. He felt access problems could be solved. Ms. Carson expressed anger at the red -tape involved in the permit/subdivision process. There being no public comment, the matter was placed before the Commission. I*W 5-11-82 2 Mr. Keeler explained that staff had attempted to forewarn the applicant of possible development problems because of the soils. However, he advised the Commission that if the special permit is approved, then the subdivision plat should also be approved. Mr. Skove agreed with the applicant that the proposal would not make any difference in this particular area. However, he expressed concern about precedent. Ms. Diehl recalled that situations such as this had been anticipated when the Ordinance had been written and it was agreed that they would be considered on a case -by -case basis. She asked Mr. Payne if there were any other way to create divisions of this nature "where individual property is isolated." Mr. Payne responded that "for practical purposes, for dividing this into building lots, this is the only practical procedure." Mr. Keeler explained that Ms. Carson had plats drawn up and put to record, but because of illness, had not been able to complete the process before the adoption of the Ordinance. `err He also stated that whether or not an applicant could no longer get an economic return for an agricultural/forestal activity had not been considered in staff's review and recommendation. Mr. Bowerman asked Mr. Payne if an approval of the request, conditioned on a full application of the Subdivision Ordinance, would set a type of precedent. Mr. Payne responded: "Every exception weakens the overall application; to what degree is hard to say." There was a discussion of the characteristics and location of the soils on the property. Mr. Keeler explained what was required under subdivision ordinance requirements in terms of Health Department approval, etc. With no further discussion, Mr. Skove moved that SP-82-20 for Margaret C. Carson, be recommended to the Board of Supervisors for denial. (No second was made.) Mr. Michel was concerned about the fact that the applicant 'fir had made an attempt to subdivide the property before the adoption of the Ordinance, but illness had prevented completion of the subdivision. /81 **AW 5-11-82 3 Mr. Payne felt this issue should not be given much consideration. (Mr. Skove's motion for denial died for lack of a second.) Mr. Cogan expressed concern about the fact that the B criteria by which these requests are measured do not take into consideration unique situations of individuals. He concluded he could support the request if it was restricted to two entrances and required Health Department approval. Mr. Bowerman agreed. He felt the proposal was very close to a family subdivision. Ms. Diehl noted that the property is not suited for agriculture and actually only fell under 3 of the 8 criteria. She indicated she could support the request with conditions. Mr. Kendrick moved that SP-82-20 for Margaret C. Carson be recommended to the Board of Supervisors for approval subject to the following conditions: 1. Approval subject to full subdivision review by the Planning Commission. 2. Entrances subject to Commission approval based on VDH&T recommendations. Mr. Bowerman seconded the motion. Mr. Skove stated he could not support the motion. The motion passed (5:1) with Commissioner Skove casting the dissenting vote. - Request in accordance with Section 12.2.2(15) of the Zoning Ordinance to locate a church on 2.0 acres zoned VR Village Residential. County Tax Map 130, Parcel 25 (part thereof), Scottsville Magisterial District. Located on the north side of Route 6, approximately 3/4 of a mile from the intersection of Route 6, and Route 726, west of Scottsville. Mr. Keeler presented the staff report. Staff recommended approval subject to conditions. The applicant was represented by Mr. Kenneth Collins. He expressed no concern about the conditions of approval. i"w 5-11-82 4 There being no public comment, the matter was placed before the Commission. There was a brief discussion as to requirements in the event of future expansion or additional accessory uses (e.g. day care). The applicant asked that 2,500 square footage be allowed, rather than 2,000 as stated in the staff report. Mr. Skove moved that SP-82-21 for Jehovah's Witnesses be recommended to the Board of Supervisors for approval subject to the following conditions: 1. Only those areas required for the construction of an access road and parking area, installation of a septic system and construction of the church building shall be cleared. All other areas shall remain in a natural state. 2. In review of grading plans and runoff control plans, if required, the Soil Erosion Committee and County Engineer shall be particularly mindful of the Watershed Management Official's memorandum of April 28, 1982. 3. Health Department approval prior to site plan review. Mr. Kendrick seconded the motion. Discussion: Ms. Diehl asked if the motion included any reference to the 2,500 square feet. Mr. Skove replied that he did not feel strongly about the issue. (No further discussion took place. No change to the conditions was suggested.) The motion for approval passed unanimously. ZMA-B2-6 Hop -In Food Store, Inc. - Request to rezone 1.27 acres currently zoned C-1 WITH PROFFER to C-1 WITH AMENDED PROFFER to show size of proposed building to be 2579 square feet, building to measure 42x61.4. County Tax Map 60F, Parcel 3, Jack. Jouett Magisterial District. Located in northwest quadrant of intersection of Hydraulic Road (Route 743) and Georgetown Road (Route 656), adjacent to the existing Hop -In Food Store. Mr. Keeler concluded: 2300 square affect the ZMA-81-7." presented the staff report. The report "Staff opinion is that the increased size from feet to 2579 square feet would not adversely area and would be in keeping with the intent of I lf- � 5-11-82 -- The applicant was represented expressed no problems with the basement storage. 5 by Mr. David Wood. He parking arrangement nor with The Chairman invited public comment. Ms. Ann Thomas, President of Georgetown Green Homeowners' Association, addressed the Commission. She was not opposed to the application, but expressed concerns about landscaping. She asked that wooden, well supported, stockade fence be required. She asked that a buffer of evergreens be required. She also expressed concern about access and traffic problems. There being no further public comment, the matter was placed before the Commission. Items discussed briefly included: --Number of parking spaces (the Commission was in favor of a reduction to the number proposed by the applicant); [Mr. Payne felt the Commission could probably deal with this issue at site review through the runoff control ordinance.] --Number of entrances; --Uses on the "old" site; It was determined the issue before the Commission was a request for an increase in the square footage of the building with the applicant offering to limit the basement area to storage. Mr. Payne noted that he understood the proffer did not address the basement usage. He also stated that other proffers on this property will not be effected by this proposal. Mr. Skove moved that ZMA-82-6 for Hop -Inn Food Store, Inc. be recommended to the Board of Supervisors for approval subject to the applicant's amended proffer. Mr. Michel seconded the motion which passed unanimously. ZTA-82-7- The Albemarle County Board of Supervisors has adopted a Resolution of Intent to amend Section 31.2.3 of the Zoning Ordinance to authorize the Zoning Administrator rather than the Director of Planning to accept bond surety prior to issuance of Certificates of Occupancy. Mr. Keeler presented the staff report. There being no public comment, the matter was placed before the Commission. ' 5-11-82 6 There was a lengthy discussion of the impact of the amendment, i.e. how does the process work now and how will the process be changed? Staff stressed that there had been many mix-ups between Zoning and Planning as a result of the current system. Some Commissioners expressed concern that conditions were not being complied with. Mr. Kendrick expressed discomfort with the change based on the way he had seem matters handled; however` he agreed that this authority should rest with the Zoning Administrator. Other Commissioners agreed. Mr. Skove moved, seconded by Mr. Cogan, that ZTA-82-7 to amend Section 31.2.3, transferring acceptance of bond surety prior to issuance of certificates of occupancy from the Director of Planning to the Zoning Administrator, be recommended to the Board of Supervisors as follows: 31.2.3 CERTIFICATES OF OCCUPANCY ... The director of plamn y zoning dministrator is authorized to accept instead ... . The motion passed unanimously though Commissioner Kendrick asked that the record show his "reluctance". ZTA-82-8� - The Albemarle County Planning Commission has adopted a Resolution of Intent to amend definitions of child care uses in the Zoning Ordinance to provide for uniformity in the minimum number of children served. Mr. Keeler presented the staff report. The report explained that the amendments would: (1) "Define child care uses as serving 6 or more children. These uses require special use permits in most districts; and (2) Child care uses serving fewer than 6 children would be considered as babysitting and could be established as a home occupation." There being no public comment, the matter was placed before the Commission. The Commission did not discuss the proposal. Mr. Kendrick moved, seconded by Mr. Skove, that ZTA-B2-8 to amend definitions, Section 3.0, of child care uses, be recommended to the Board of Supervisors for approval as � presented by staff. SEE FILE FOR FINAL LANGUAGE . . =— The motion passed unanimously. 5 11 82 West,Real Estate III, Office Buildina Z Site Plan and Subdivision Plat - Located on the south side of Route 250 West, adjacent to the Ednam PRD and Ednam Village, 3.37 acre parcel, County Tax Map 59D2, Parcel 10B, Samuel Miller Magisterial District. Mr. Keeler explained, for the Commission's information, changes to the plan. Staff planned to approve the changes administratively if there were no Commission objections. The Commission expressed no opposition to staff's proposal to approve the site plan and plat administratively. No formal action was taken. WORK SESSION Comprehensive Plan - Standards Chapter Mr. Mabe explained the substantive and editorial changes that had been made. It was determined there was a Commission consensus to accept the chapter as presented by staff. No formal action was required. There being no further business, the meeting adjourned at 1O:00 P.M. ^ ` V. Wayn9(Cil`im­berCL1*cretary Recorded by: Stuart Richard Transcribed by: Deloris Bradshaw 1-93