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HomeMy WebLinkAbout12 07 82 PC MinutesDECEMBER 7, 1982 The Albemarle County Planning Commission held a public hearing on Tuesday, December 7, 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; Mr. Jim Skove; Ms. Norma Diehl; and Mr. Richard Cogan. Staff members present were: Mr. Ronald Keeler; and Mr. Fred Payne, Deputy County Attorney. The Chairman called the meeting to order at 7:30 p.m. and established that a quorum was present. The following agenda items were deferred: River HeiQhts Final Plat1� (to December 21); ZMA-82-14 T.E. Wood (January 4); ZMA-82- 14 J.G. Dawson (Indefinite). SP-82-73 Ralph A. and Ruby C._Taylor - Request in accordance with Section 10.2.2(10) to amend SP-80-70 for an additional 2-year extension from current expiration date of January 7, 1983. Property is located on south side of Route 688, approximately 1/4 mile east of its intersection with Route 689. County Tax Map 71, Parcel 33D1, Samuel Miller Magisterial District, 6.43 aces zoned RA Rural Areas. Mr. Keeler presented the staff report. It was staff's position that a one-year extension was the maximum that should be allowed if the Commission chose to act favorably on the request. The applicant, Mr. Taylor, addressed the Commission. He explained that construction had been delayed because he had not been able to sell an existing home in Charlottesville. The house has now been sold, so construction on the new dwelling is eminent. He agreed to a condition that the mobile home would be removed at the end of the two-year period. The following persons expressed opposition to the the proposal: Mr. Roger Rogers; and Mr. Purcell Tomlin. Their opposition was based on the fact that no construction has taken place on a permanent dwelling with the exception of a small amount prior to the request for the previous permit. There being no further comment, the matter was placed before the Commission.. Mr. Davis noted that this applicant has been before the Commission with similar requests on two previous occasions. He felt another extension would be showing bad faith to neighbors. It was determined the applicant was acting as the primary contractor for the construction. 12-7-82 2 N Mr. Keeler noted that the applicant had not provided a written statement describing the reason for delays as had been requested. Ms. Diehl indicated she could support a one-year extension given the fact that the original house has now been sold and also the fact that there is a contract for construction to begin. Some Commissioners expressed concern about the number of extensions and "where to draw the line." Mr. Skove moved, seconded by Mr. Michel, that SP-82-73 for Ralph A. and Ruby C. Taylor be recommended to the Board of Supervisors for approval subject to the following conditions: 1. This special use permit is intended to permit the use of the mobile home as in interim means of housing during the construction of a permanent dwelling. 2. The Zoning Administrator shall inspect the site on or about May 1, 1983, to determine if the applicant has proceeded in good faith in the construction of a permanent dwelling. Should the Zoning Administrator determine that substantial improvement has not been made or that construction activities have not commenced or that construction activities have been suspended for an unreasonable time or in bad faith, he shall, after notice pursuant to Section 15.1-431 of the Code of Virginia, refer SP- 82-73 to the Board of Supervisors for revocation. 3. This special use permit and all authority granted hereunder shall expire on December 1, 1983. The mobile home shall be removed from the site no later than December 11, 1983. The motion passed, 4:3, with Commissioners Cogan, Kendrick and Davis casting the dissenting votes. SP-82-67 Estelle. Ellison and Mary Jackson - Request in accordance with section 5.6.1 to locate a mobile home on 5.1 acres zoned RA Rural Areas. Property is located on north side of Route 706, approximately 2/10 mile west of its intersection with Route 631. County Tax Map 89, parcel 79F, Samuel Miller Magisterial District. Mr. Keeler presented the staff report. The applicant was represented by Mr. Ben Dick. He offered no additional comment at this time. Later, after public comment, Mr. Dick described the history of the property. He noted that there were no restrictions in the deed in relation to the type of structure which would be placed on the property. He presented 5-09 12-7-82 3 photographs showing improvements the Jackson's have made to the _ property. He also presented photographs showing Mr. Brown's � ��. property which is rented by students. Mr. Dick asked that the record show that Mr. Brown had denied the Jackson's access over his property for electricity for over 16 months resulting in the Jacksons having to carry water to serve their property. The Chairman invited public comment. Mr. Carver expressed support for the request. Mr. Larry Brown, adjacent property owner, expressed opposition to the request. He had sold the property to the Jacksons with the understanding that a conventional dwelling would be placed on the property. He felt approval would constitute spot zoning. There being no further applicant or public comment the matter was placed before the Commission. Mr. Davis expressed concern about "rolling over" a temporary permit into a permanent one. He felt this resulted in a "loss of faith" in the Commission by those members of the public who had attended previous hearings and was a matter of principle. He also noted that it was never his intention that there be two permanent mobile homes on the property. Mr. Cogan noted that economic times have probably forced these ' applicants to change their original plans regarding the construction of a conventional dwelling. He was impressed by the applicant's efforts to make the mobile home as attractive as possible. Mr. Bowerman agreed. Both Commissioners Cogan and Bowerman were sympathetic to Mr. Davis' concerns about the distinctions between a temporary and a permanent permit. Ms. Diehl recalled that there had been concerns about the access at the time of the original permit approval. It was determined that arrangments have been made for providing utilities to the site. Mr. Cogan moved that SP-82-67 for Estelle, Ellison and Mary Jackson be recommended to the Board of Supervisors for approval. Mr. Bowerman seconded the motion which passed (6:1) with Commissioner Davis casting the dissenting vote. SP-82-68 Chauncey F. Hutter - Request in accordance with Section 22.2.2.1 to locate a commercial recreational establishment (game room) in an existing country store on approximately 1/3 acre, zoned C-1. Property is located on northeast side of Route 663° at its intersection with Route 743, in Earlysville. County Tax _ Map 31, parcel 38, White Hall Magisterial District. �q 12-7-82 4 Mr. Keeler presented the staff report. Staff was recommending denial of the request based on the following position: (1) The property currently has reasonable usage; (2) Approval would require a variance of Sec. 4.1.3; (3) Proposal is out of character with the surrounding area; (4) Traffic and parking concerns; and (5) Proposal does not satisfy the criteria of Sec. 31.2.4.1 or Sec. 4.1.3. The applicant, Mr. Hutter, addressed the Commission. He asked for snme flexibility in business hours for non -school days. He expressed no problems with other conditions of approval. He disagreed with staff's assessment of the the parking issue. He stressed that beer would not be sold in the game room. The Chairman invited public comment. The following persons expressed opposition to the proposal: Mr. Perry Taylor; Ms. Evelyn Forest; Eileen Stevens; Raymond Nelson. Their reasons included concerns about (1) Existing problems with excessive noise, loitering, drinking, and trash; (2) Increased traffic at an already dangerous intersection; and (3) Close proximity to many residences. There being no further applicant or public comment the matter was placed before the Commission. Commissioners expressed concerns about traffic, a history of problems with the store, and the fact that the game room would be in a separate building. Mr. Cogan moved, seconded by Mr. Michel, that SP-82-68 for Chauncey F. Hutter be recommended to the Board of Supervisors for denial. The motion passed unanimously. The meeting recessed until 9:30. SP-82-70 Charlottesville Free Will Baptist Church - Request in accordance with Section 13.2.2(10) to locate a church on 3.9291 acres zoned R-1. Property is located on east side of Route 742 (Avon Street Extended), approximately 1 mile north of its intersection with Route 20 South. County Tax Map 90, Parcels 35B and 35E, Scottsville Magisterial District. Mr. Keeler presented the staff report. Staff recommended approval. (No conditions were proposed.) The applicant was represented by the pastor, Rev. Sutherland. He offered no significant additional comment. There being no further applicant or public comment the matter was placed before the Commission. 12-7-B2 5 Mr. Davis moved, seconded by Mr. Cogan that GP-82-70 for **_w Charlottesville Free Will Baptist Church be recommended to the � Board of Supervisors for approval. The motion passed unanimously. (No conditions were imposed.) SP-82-71 Mt. Eagle Baptist Church - Request in accordance with Section 10.2.2(/) to locate a day care center on 4.322 acres zoned RA Rural Areas. Property is located in southeast quadrant of the intersection of Routes 53 and 739. County Taw Map 93, Parcels 46 and 47B, Scottsville Magisterial District. Mr. Keeler presented the staff report. Staff recommended approval subject to conditions. The applicant was represented by Mr. Craig, the pastor. He explained that classrooms would be upstairs and that the fellowship hall on the lower level would sometimes be used at snack time, etc. He stated that approvals had been received from the Fire Marshall and the Health Department and a letter of exemption has been received from the State Department of Welfare and Social Services. There being no further applicant or public comment the matter was placed before the Commission. There was a brief discussion about limitation on enrollment' Mr. ' Keeler explained that a specific number was not necessary in this case as enrollment would be limited by condition No. 2 (see below). Mr. Skove moved, seconded by Mr. Michel, that SP-82-71 for Mt. Eagle Baptist Church be recommended to the Board of Supervisors for approval subject to the following conditions: 1. Compliance with 5.1.6 of the Supplementary Regulations; Section 5.1.6(a) is waived, subject to written verification from the Virginia Department of Welfare; 2. Enrollment shall be limited by application of standards in this Staff Report (SP-82-71) or by Virginia Department of Health requirements, whichever shall be more restrictive; 3. Fire Official and Building Official approval for day care usage; 4. Virginia Department of Highways and Transportation approval of a commercial entrance, if applicable; 5. Staff approval of location of outdoor play area, playground equipment, and protective fencing of play area; 5l 12-7-82 6 6. Permit is issue to the applicant and is non-transferrable; 7. Staff would recommend that the applicant, both for the protection of the children and the applicant, voluntarily comply with the Virginia Department of Welfare's Minimum Standards for Licensed Child Care Centers. The motion passed unanimously. SP-82-72 C & P Telephone - Request in accordance with Section 10.2.2(6) to locate a microwave tower on Bear Den Mountain, approximately 0.2 mile southwest of the State Police radio tower, northwest of Skyline Drive, consisting of approximately 1/2 acre (of a 120-acre tract), zoned RA Rural Areas. Augusta County Tax Map 78, Parcel 32, northwest of Albemarle County Tax map 53, Parcels 3, 4 and 5. Mr. Keeler presented the staff report. Staff recommended approval subject to conditions. Mr. Keeler noted that he had not received any verification from the State which indicates that utilities may be placed in their easement. The applicant was represented by Mr. Perkins. He expressed problems with some of the proposed conditions of approval. He stressed that the facility is located primarily in Augusta County. He noted that a VEPCO tower and State Police tower already exist and the Appalachian Trail is within 25 feet of both those facilities. He stated that more dishes would be added to the tower within 3 to 5 years. He asked for a definition of the term "enlargement" as used in condition No. 3. Mr. Payne offered amendments to conditions to address Mr. Perkins' concerns. Mr. Perkins indicated he was in agreement with the language proposed by Mr. Payne as follows: 3. Enlargement of any facility within Albemarle County shall require amendment of this permit. 4. Tower to be limited to 75 feet in height with two relay antennae in Albemarle County. Equipment building, to extent located in Albemarle County, to be limited to 600 square feet of floor area with earth tone facade treatment subject to National Park Service approval. 5. Tower and equipment shall not be located within Virginia State Parks scenic easement, except with approval of Virginia Division of Parks. There was a discussion about easements. 6-la- 12-7-82 7 Mr. Davis expressed the desire to be able to review any requests for enlargement in Albemarle County. (Mr. Payne explained that the County could not do anything about any "physical" enlargement which takes place outside of Albemarle County.) Mr. Payne explained that condition No. 3 (as amended) would address Mr. Davis' concerns and would protect the County. In response to Mr. Bowerman's question, Mr. Perkins explained why a leg of the tower is in Albemarle County (the majority being in Augusta County). Mr. Kendrick moved, seconded by Mr. Michel, that SP-82-72 for C & P Telephone be recommended to the Board of Supervisors for approval subject to the following conditions: 1. Compliance with Section 5.1.12 of the Zoning Ordinance, except as otherwise provided herein. 2. Tower shall be removed within 90 days of abandonment, if such shall occur. 3. Enlargement of any facility within Albemarle County shall require amendment of this permit. 4. Tower to be limited to 75 feet in height with two relay antennae in Albemarle County. Equipment building, to extent located in Albemarle County, to be limited to 600 square feet of Now floor area with earth tone facade treatment subject to National Park Service approval. 5. Tower and equipment shall not be located within Virginia State Parks scenic easement, except with approval of Virginia Division of Parks. The motion passed unanimously. STA-82-5 (Performance Bonds) - The Board of Supervisors has adopted a Resolution of Intent to amend the Subdivision Ordinance to shift performance bond administration from the Planning Department to the Engineering Department. Mr. Keeler presented the staff report which included the proposed amendments to Sections 18-18 and 18-19(c). There being no public comment, the matter was placed before the Commission. Mr. Skove moved, seconded by Mr. Bowerman that STA-82-5, related to the administration of performance bonds, be recommended to the Board of Supervisors for approval as presented by staff. (See staff report dated 12-7-82 for exact language.) _S"i3 12-7-82 M NEW BUSINESS Meeting with Shenandoah Park Officials - No decision was made ``err about this meeting. There being no further business, the meeting adjourned at 10:45 V. WayneXi1imberg, 'Sqqfetary Recorded by: Stuart Richard Transcribed by: Deloris Bradshaw 11-91 SJ4