HomeMy WebLinkAbout08 03 82 PC MinutesAUGUST 3, 1982
The Albemarle County Planning Commission held a public
hearing on Tuesday, August 3, 1982, Meeting Room 7, County
Office Building, Charlottesville, Virginia. Those members
present were: Ms. Norma Diehl, Chairman; Mr. David
Bowerman; Mr. Allen Kendrick; Mr. Corwith Davis; Mr. Tim
Michel; and Mr. Jim Skove. Other officials present were:
Mr. Ronald Keeler; Mr. Robert Tucker; Ms. Ellen Nash, Ex-
Officio; and Mr. Fred Payne, Deputy County Attorney.
Absent: Commissioner Cogan.
The Chairman called the meeting to order at 7:30 p.m. and
established that a quorum was present.
ZMA-82-8 Martin Schulman WITH PROFFER - Request to rezone
7.249 acres from LI Light Industry to HI Heavy Industry with
proffer related to veterinary hospital/clinic-accessory
kennels. Property is located on the northern side of Route
240, across from Acme Visible in Crozet, approximately 600
feet north on Parkview Drive. County Tax Map 56, Parcel
67A, White Hall Magisterial District.
Mr' Keeler presented the staff report. Staff recommended
approval subject to conditions.
The applicant, Dr. Schulman, was present. He offered no
significant comment.
There being no public comment, the matter was placed before
the Commission.
The Commission expressed no concerns about the request.
Mr. Bkove moved* seconded by Mr. Davis, that ZMA-82-8 for
Martin Schulman be recommended to the Board of Supervisors
for approval subject to acceptance of the applicant's
proffer'
The motion passed unanimously.
Mr. Skove moved that a site plan be waived in accordance
with Section 32.2.2 of the Zoning Ordinance, subject to the
following conditions.
1. Health Department approval. Any kennel washdown or other
animal waste disposal shall be to a septic system.
2. County Engineer approval of paving specifications for
entrance road and parking area.
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3. Staff approval of parking and circulation plan.
4. Building Official review for compliance with noise
regulations according to Section 5.1.11 of the Zoning
Ordinance.
Mr. Bowerman seconded the motion which passed unanimously-
ZMA-82-9 Frances P. Gibson WITh PROFFER - Request to rezone
8.441 acres from RA Rural Areas to C-1 Commercial with a
proffer to limit usage. Property is located on northern
side of Route 810 at Nortonsville, approximately 1,500 feet
northwest of the intersection with Routes 633 and 664.
County Tax Map 8, Parcel 31 and part of Parcel 32, White
Hall Magisterial District.
Mr. Keeler presented the staff report. The report explained
that the application was reviewed both as a rezoning and as
a request for a restaurant. The report concluded: "Staff
is concerned about the intensity of development of this
property in terms of highway safety, lack of public
utilities, and the character of the area. While staff
opinion is that the County should permit reasonable use of
the property, intensification of usage is not appropriate in
staff opinion. More definitive proposals would be necessary
for staff to make further evaluation."
The applicant was represented by Mr. George McCallum. He
explained the history of the property and described the
present usage and condition of the property. He explained
the applicant's plans for the property --to convert an
existing structure to a restaurant/country story/gift shop --
in some detail.
The Chairman invited public comment.
Mr. Ed Krug, a neighboring property owner, spoke in favor of
the request.
There being no further applicant or public comment the
matter was placed before the Commission.
Mr. Davis expressed concern about rezoning a "pretty large
chunk" of property (B+ acres) to commercial in the middle of
a rural area.
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Mr. Skove felt the real problem was the restaurant aspect of
the proposal. (It was noted that all the other uses are
already allowed by special permit in the RA area.) He did
not think any of the alternatives presented in the staff
report could be chosen without additional study.
Ms. Diehl agreed with Mr. Davis and Mr. Skove.
Mr. Skove moved that ZMA-82-9 for Frances P. Gibson be
recommended to the Board of Supervisors for denial.
Mr. Bowerman seconded the motion which passed unanimously.
SP-82-43 M.O. Whyte - Request for a special use permit to
locate a veterinary hospital (small animals only) on 4.430
acres zoned C-1, in accordance with Section 22.2.2(5) of the
Zoning Ordinance. Property is located on the northeast side
of Route 743 in Earlysville Heights, at intersection with
Route 660. County Tax Map 31, Parcel 32" and County Tax Map
31A, Section 1, Block B, Parcel A, Rivanna Magisterial
District.
Mr. Keeler presented the staff report. Staff recommended
approval subject to conditions.
The applicant, Dr. Gruss, explained that he and his wife
would be operating the practice. He explained that only
sick animals would be kept overnight; no boarding of well
animals will take place. He explained that the practice
would serve only small animals.
There being no public comment, the matter was placed before
the Commission.
It was determined that condition No. 2 would be amended so
as to allow the overnight boarding of sick animals.
Mr. Kendrick moved that SP-82-43 for M.O. Whyte be
recommended to the Board of Supervisors for approval subject
to the following conditions:
1. Written Health Department certification that the
existing septic system facilities are adequate for the
veterinary use.
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2. No kennels or runs shall be permitted except that sick
animals requiring hospitalization may be kept for short
periods indoors.
3. Compliance with 5.1.11 of the supplementary regulation
of the zoning ordinance, except as otherwise provided in
these conditions.
4. Building Official review to insure compliance with noise
limitations.
Mr. Michel seconded the motion which passed unanimously.
- The Albemarle County Planning Commission has
adopted a Resolution of Intent to amend the following
sections of the Zoning Ordinance as they relate to building
separation and side yard requirements in order to provide a
niminum building separation of thirty (30) feet: 4.11.1,
4.11.3, 5.3.3, 14.3, 15.3, 16.3,17.3, and 18.3; 16.7,
17.7,18.7, 19.8 and 20.8.5; 21.0 and 26.0.
AND
- The Albemarle County Planning Commission has
adopted a Resolution of Intent to amend Section 4.11.2.1 of
140W the Zoning Ordinance as relates to location of accessory
structures to lot lines.
Staff asked for a deferral to September 7 because new
information had been received from the Blue Ridge Home
Builders Association.
The Commission voted unanimously to defer ZTA-82-12 and ZTA-
82-13 to September 7, 1982. The motion passed unanimously.
- Amendments regarding borrow area
and soil extraction.
Mr. Keeler presented the staff report. He explained that
because of extensive public comment, the Board had referred
the amendments back to the Commission for additional public
input. Because amendments to the Soil Erosion and
Sedimentation Control Ordinance and Run -Off Control
MENEM
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Ordinance were being considered which may address some of
the concerns related to borrow activity, staff was
recommending the following: (1) Withdrawal of ZTA-82-9 and
ZTA-82-10; and (2) Appointment of a committee to review and
make recommendations to the Commission within 60 days of
adoption of amendments (if any) to the Soil Erosion
Ordinance and Run -Off Control Ordinance.
The Commission briefly discussed staff's recommendations.
Ms. Diehl asked if the Commission could be provided with
discussion which had taken place at the Board level. There
was discussion as to whether or not further review should be
undertaken by the Commission or by separate committee. Ms.
Diehl was in favor of Commission review. Ms. Nash could not
recall there having been much discussion by the Board. The
possibility of re -advertising these same two amendments (not
withdrawing them) in order to receive additional comment was
considered. If it is then found that the amendments need to
be changed substantially, another public hearing would be
required. Mr. Tucker indicated that staff had some clear
ideas as to how to address some of the comments that have
been received. Staff indicated that substantial changes
were envisioned. It was finally decided that withdrawal of
the current proposed amendments was in order.
Mr. Skove moved, seconded by Mr. Michel, that ZTA-82-9 and
ZTA-82-10 be withdrawn. The motion passed unanimously.
Mr. Davis moved, seconded by Mr. Skove, that staff be
directed to schedule e work session for further review of
possible amendments to the Zoning Ordinance related to
borrow areas and soil extraction. The motion passed
unanimously.
Locker/Parrish Properties - Resolution of subdivision
violation near Nortonsville.
Mr. Keeler reported that the property owners were in
agreement to establish one entrance to Rt B1O to serve all
properties. He explained that the property owners are
prepared to move forward but the County cannot issue a
grading permit until the previous violation has been
resolved.
Staff recommended approval of the existing divisions of land
subject to the following conditions:
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1. Compliance with the private roads provisions including:
a. County Attorney approval of homeowners' maintenance
agreements;
b. County Engineer approval of road design provided
that paving specifications shall be for 5 lots.
2. Highway Department approval of an entrance permit.
3. A grading permit for the road may be obtained when
conditions 1(b) and 2 have been met.
4. All lots shall use the private road as a sole means of
access to Rt. 810.
5. Replatting of the easement and abandonment of
appropriate portion of easement in Hatfield Farms.
Dedication of 25 feet from center line of Rt. 810 for
Parrish and Loker properties.
6. The Parrish and Loker plats may be signed when the above
conditions have been met and the road constructed or bonded
for construction.
The applicant was represented by Mr. George McCallum.
There being no public comment, the matter was placed before
the Commission.
Mr. Davis moved, seconded by Mr. Kendrick, that the
Locker/Parrish Properties subdivision be approved subject to
those conditions presented by staff (set forth above). The
motion passed unanimously.
CATS STUDY - Mr. Tucker presented the staff report.
Three changes to the study were proposed:
--Deletion of the Route 20/Rio Road Connector from the
CATS proposal.
--Shifting of proposed Western By -Pass from Phase II to
Phase IV.
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--Shifting of McIntire Road Extension between Rio Road
and Rt. 29N (Hollymead) from Phase IV to Phase II.
The Commission had no additional comments on these proposed
changes. No further changes were suggested.
It was decided the CATS Study would go to public hearing on
September 14th; a Comp Plan work session would be held
August 31st.
Lucas Plat - Ms. Nash reported that the Board had approved
this request (which the Commission had previously denied).
The approval had been based on the applicant's attorney's
argument of previous precedent.
There being no further business, the meeting adjourned at
9:30 PM.
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Transcribed by: Deloris Bradshaw, 1-92