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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: a�� M 7-6-82 2 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. ,2 79 M 7-6-82 N 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 M 7-6-82 4 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." 1�?Ij/ 7-6-82 5 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. ,nga 7-6-82 6 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. 7-6-82 7 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. ';P811 7-6-82 8 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 I_V8S