HomeMy WebLinkAbout07 06 82 PC Minutesn
JULY 6, 1982
The Albemarle County Planning Commission held a public hearing on
Tuesday, July 6, 1982, Meeting Room 7, County Office Building,
Charlottesville, Va. Those members present were: Mr. David
Bowerman; Mr. Allen Kendrick; Mr. Mike Davis; Mr. Tim Michel; Ms.
Norma Diehl; and Mr. Richard Cogan. Staff members present were:
Mason Caperton, Mr. Keith Mabe; Mr. Robert Tucker, Jr.; and Mr.
Fred Payne, Deputy County Attorney; Ms. Ellen Nash , Ex-Officio.
Absent: Commissioner Skove
The Chairman called the meeting to order at 7:30 p.m. and
established that a quorum was present. The minutes of December 8
and December 15, 1981 were approved as amended.
Hop -In Store #40 Site Plan - Deferred from June 15, 1982.
Located at the western corner of the intersection of Routes 743
(Hydraulic Road) and 656 (Georgetown Road), adjacent to the
existing Hop -In Store; proposal to locate the one story with
basement convenience store with total of 5,158 square feet of
gross floor area. (Tax Map 60F, Parcel 3, Jack Jouett District).
Ms. Caperton presented the staff report. Staff recommended
approval subject to conditions.
The applicant was represented by Mr. Tom Lincoln. He described
the plans --including entrance plans, landscape and screening
plans, detention plans,
Mr. David Wood addressed the Commission. He asked that the
developer not be required to construct off -site improvements
because the Highway Department has already approved a plan for
improvements to Hydraulic Road.
There being no public comment, the matter was placed before the
Commission.
In response to Ms. Nash`s request, Mr. Payne commented on the
lawfulness of requiring off -site improvements. He felt what was
being required in this case was mandated by the Highway
Department's design standards for a commercial entrance. He felt
the sidewalk was uniquely related to this development.
There was a brief discussion about the timing of landscaping and
fencing. Mr. Cogan asked for some assurance that the fencing
would be maintained along with the plantings. It was decided
1(e) would be added as follows: "Proper maintenance of fence
will be assured by developer."
Mr. Davis moved that the Hop -In # 40 Site Plan be approved
subject to the following conditions:
1. A building permit will be processed when the following
conditions have been met:
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a. Virginia Department of Highways & Transportation
approval of the commercial entrance including the
improvements shown on the plan;
b. Compliance with the Runoff Control Ordinance and
the Soil Erosion Ordinance;
C. Approval by the appropriate authority of separate
permits for the gas pumps;
d. Staff approval of a landscaping/screening plan to
include evergreens and other landscape materials deemed
necessary to reasonably screen the site from adjacent
residential properties;
e. Proper maintenance of fence will be assured by
developer.
2. A Certificate of Occupancy will be issued when the following
conditions have been met by the applicant;
a. County Attorney approval of a cooperative parking
agreement;
b. The landscaping and fencing improvements shall be
completed.
Mr. Bowerman seconded the motion which passed unanimously.
SP-82-35 Vernon Fischer Moh;le Home - Request in accordance with
Section 5.6.2 of the Zoning Ordinance, to locate a mobile home on
property described as County Tax Map 105, Parcel 3C, Scottsville
Magisterial District, consisting of 3.574 acres zoned RA Rural
Areas. Property located on private road, east side of Route 729,
about 0.8 mile north of Route 728.
Mr. Tucker presented the staff report.
The applicant, Mr. Fischer, asked for an explanation of Section
5.6.2 (as referred to in suggested condition No. 2). Mr. Tucker
explained that section of the ordinance was related to specific
requirements for all mobile homes and would have been required
even if there had been no objection to this request. He asked
that the 100 foot tree buffer suggested be reduced to 50 feet.
Mr. Tucker explained that the 100 feet was to be maintained only
while the mobile home is in use --it will not apply after the
conventional dwelling is constructed. Mr. Fischer confirmed that
the 100 foot buffer would not pose a hardship as a temporary
measure.
The Chairman invited public comment.
Mr. Harold Bingler, adjacent property owner, addressed the
Commission. He objected to the issuance of a permanent permit.
He requested that a temporary permit be issued until the
conventional dwelling is built.
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There being no further public comment, the matter was placed
before the Commission.
Commission discussion centered around the issue of whether to
grant a permanent or temporary permit. Ms. Diehl was in favor of
a temporary permit given the fact that the area was predominantly
conventional, single-family dwellings. Mr. Bowerman suggested
that a time limit be placed on the permit with periodic reviews
to check the progression of construction of a conventional
dwelling. Mr. Davis expressed some concern about creating a "new
form of temporary permit." Mr. Payne advised that the Commission
should not be concerned about precedent because the Board has, in
the past, granted temporary permits for longer periods when there
is clear evidence that a conventional dwelling will be built.
Mr. Payne explained that the County Attorney (Mr. St. John) feels
that conditions related to time limits, occupancy restrictions,
etc. are acceptable if they are applied based on the individual
circumstances of an application, but are probably "too
restrictive" if they are applied "across the board" without
consideration to case -by -case situations.
There was a brief discussion about ways to ensure that the mobile
home would be removed after the conventional dwelling has been
,.,. built.
It was finally determined to be the consensus of the Commission
that a 5 year time limit would be placed on the permit. The
applicant was advised that he could re -apply at that time and the
request could be reviewed again.
Mr. Kendrick moved, seconded by Mr. Cogan, that SP-82-35 for
Vernon Fischer, be recommended to the Board of Supervisors for
approval subject to the following conditions:
1. Maintenance of as much of the wooded area as possible,
provided that, in no case shall the tree buffer from the rear
property line be less than 100 feet;
2. Compliance with Section 5.6.2 of the Zoning Ordinance;
3. No rental of the mobile home shall be allowed;
4. Special permit is issue for a 5-year period.
(NOTE: A fifth condition was added before a vote was taken. See
below.)
(There was a discussion as to whether or not to add a condition
*NW requiring removal of the mobile home after a Certificate of
Occupancy has been issued for the conventional dwelling. Mr.
Payne expressed concern about the possibility of a lack of
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sufficient area for two drainfields on the property, i.e. one for
the mobile home and one for the conventional dwelling. He noted
that this could present a technical problem when the applicant
applies for a building permit.)
Mr. Davis and Mr. Cogan agreed to amend the motion to include a
fifth condition as follows:
5. The mobile home shall be removed when a Certificate of
Occupancy for the permanent dwelling has been issued.
The motion for approval passed unanimously.
In response to the applicant's question, the Commission explained
that the conditions of approval did not address any expectations
as to how quickly the construction of the permanent dwelling
should progress.
7.TA-82-11 - The Albemarle County Board of Supervisors adopted a
Resolution of Intent to amend the Zoning Ordinance by the
addition of two sections, numbered 5.1.27 and 27.2.2-9, in order
to permit certain temporary events (in the LI zone) and regulate
same.
Mr. Tucker presented the staff report. Mr. Payne explained that
this amendment was designed particularly to address the County
Fair.
The Chairman invited public comment.
Mr. Jim Crosby asked that the reference to "number of days" be
deleted. He explained that some fairs run for 7 days.
There being no further comment, the matter was placed before the
Commission.
There was considerable discussion about the maximum number of
days. Mr. Payne felt that there should be some limit on the
number of days to assure that such events will be temporary in
nature. He noted that the Board would be able to limit a
particular event, through the conditions of approval, to a number
less than the maximum number of days stated in the Ordinance. It
was determined to be the consensus of the Commission to delete
the reference to a maximum number of days and leaving that to the
discretion of the Board in the granting of each individual
permit. Mr. Payne confirmed this was acceptable. Staff was
directed to develop language accordingly.
There was a brief discussion about the terms "local" and "non-
profit."
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It was felt that at some future time a more comprehensive
amendment should be adopted which would include all possibilities
for similar activities, e.g. carnivals, outdoor concerts, etc.
Mr. Michel moved that ZTA-82-11 related to Temporary Events be
recommended to the Board of Supervisors for approval as presented
by staff with the following changes: (1) Delete the phrase
"more than 5 successive calendar days" so that the first sentence
of the second paragraph reads: "Not more than two events shall
be authorized at any one location in any calendar year nor shall
any event extend for a period longer than that provided by the
Board of Supervisors in the conditions of approval of any such
permit;" and (2) A third section be added defining the
difference between a regional and a local event.
Because Mr. Payne expressed a lack of understanding of Mr.
Michels second change, as stated above, Mr. Michel withdrew his
motion. Mr. Michel stated he could not support the amendment as
presented because of a lack of definition of the term "local."
Mr. Davis moved that ZTA-82-11 related to Temporary Events be
recommended to the Board of Supervisors for approval as presented
by staff with the following amendment: "Delete the phrase "more
than 5 successive calendar days" so that the first sentence of
the second paragraph reads: "Not more than two events shall be
authorized at any one location in any calendar year nor shall any
event extend for a period longer than that provided by the Board
of Supervisors in the conditions of approval of any such permit."
SEE FILE FOR FINAL DRAFT OF AMENDMENT.
Mr. Bowerman seconded the motion which passed (5:1) with
Commissioner Michel casting the dissenting vote.
SP-82-44 Albemarle County Fair. Inc. - Request in accordance with
proposed Sections 5.1.27 and 27.3.3-9 of the Zoning Ordinance, to
locate a county fair on 9.1 acres zoned LI Light Industry,
described as County Tax Map 76M(l), Parcel 4A, Scottsville
Magisterial District. Property located 0.4 mile southeast of
Fifth Street (Route 631), adjacent to I-64 and Willoughby PUD,
former location of James River Supply Warehouse.
(Mr. Davis left the meeting due to a conflict of interests.)
Mr. Tucker presented the staff report. Staff recommended
approval subject to conditions.
The applicant was represented by Mr. Jim Crosby. He asked for
approval of the permit.
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Mr. Ira Cortez, Fire Official, stated that the building was very
safe, but there were some concerns about "trip hazards" outside
the building (ditches, a cliff, etc). The applicant had assured
him that the "trip hazards" would be removed. He confirmed that
the site could be made to be safe.
Mr. Roosevelt, VDH&T, stated he did not feel there would be any
problems given the temporary, short-term nature of the event.
The Chairman invited public comment. There being none, the
matter was placed before the Commission.
There was a brief discussion about parking accommodations and
about suggested closing times.
Mr. Bowerman moved that SP-82-44 for the Albemarle County Fair,
Inc. be recommended to the Board of Supervisors for approval
subject to the following conditions:
1. Provide physical and/or personnel traffic control measures on
Fifth Street as deemed necessary by the City police and County
Sheriff's Departments.
2. Clearing of vegetation along shoulders of entrance road.
Posting of signage along both sides of entrance road stating "No
Parking. Fire Lane. Barriers and "No Access" signs to prevent
access to old Willoughby Road on the south and area on the north
where RV traffic has travelled over the slope. Widen the
entrance gate at the site to two lanes.
3. Provide six-foot or more height fencing around concrete
batching area (i.e., double row of snow fence);
4. Removal of all "trip hazards," including re -enforcing rods,
small concrete abutments, heaved finished concrete, and the like.
Provide cover over concrete drainage ditch. Remove or
consolidate and fence all concrete building sections, large pipe
and the like. Fencing of depressed ramp on north side of
building. In addition to other requirements of this condition,
removal or correction to the reasonable satisfaction fo the Fire
Official of any hazards identified after site has been cleared.
5. Fire Official and Director of Planning approval of location
of individual uses, vehicular and pedestrian circulation, parking
areas, and emergency vehicular access provisions.
6. Hours open to the public limited to 4 PM to 10 PM on
Wednesday, Thursday and Friday, and 9 AM to 10 PM on Saturday,
September 1 through 4, 1982.
7. Lighting to be directed away from I-64.
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8. Public access to I-64 side of building shall be permitted
only upon provision of safety measures to the reasonable
satisfaction of the Fire Official and the Director of Planning.
9. Health Department approval of temporary sanitary facilities.
Mr. Michel seconded the motion which passed unanimously.
The meeting recessed for 10 minutes. Mr. Davis returned to the
meeting.
Request for Resolution of Intent related to Building Separation
as a Result of changes in Fire Regulations - Mr. Tucker presented
the staff report. The purposed amendments will bring the Zoning
Ordinance into conformance with building and fire code
regulations.
Mr. Cortez explained the application of the present regulations
and what would be achieved with the proposed amendments, i.e.
greater separation and requirements for fire walls.
The Commission discussed the effects of the amendments briefly.
No changes were suggested.
,%"' Mr. Davis moved, seconded by Mr. Kendrick, that a Resolution of
Intent to amend the Zoning Ordinance related to Building
Separation be adopted. The motion passed unanimously.
Six -Year Secondary Road PlanZVirginia Department of Highways and
Transporation - Mr. Roosevelt explained the funding process.
The Commission discussed the plan briefly. No changes were
suggested.
Mr. Kendrick moved, seconded by Mr. Bowerman, that the Proposed
Six Year Plan 1982 through 1988 be recommended to the Board of
Supervisors for approval as presented. The motion passed
unanimously.
CATS Study - Staff presented an update of the CATS Study work
sessions and the status of the study.
Topics discussed briefly included:
--Phasing of Western Bypass project.
--Whether to go to public hearing.
It was decided another work session was needed.
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Mr. Mabe led discussion on the following topics:
--Crozet commercial areas
--Community Development Plan
--Utilities and Facilities Plan (Ms. Diehl suggested the
addition of a sentence which would encourage the development of
innovative methods of recycling solid wastes.)
The Commission expressed no objections to staff's
recommendations. Another work session was scheduled for August
15th.
There being no further business, the meeting adjourned at 11:40.
V. Wayn# Cilimbeyrg,-,S�cretary
Recorded by: Stuart Richard
Transcribed by: Deloris Bradshaw 1-92
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