HomeMy WebLinkAbout05 10 83 PC MinutesM
MAY 10, 1983
The Albemarle County Planning Commission held a public hearing on Tuesday,
May 10, 1983, Meeting Room 7, County Office Building, Charlottesville,
Virginia. Those members present were: Mr. David Bowerman, Chairman;
Mr. Jim Skove; Mr. Allen Kindrick; Mr. Richard Cogan; Ms. Norma Diehl;
and Mr. Tim Michel (8:00 p.m.). Other officials present were: Mr. Ron
Keeler, Chief of Planning; Mr. Fred Payne, Deputy County Attorney; and
Mr. Maynard Elrod, County Engineer. Absent: Commissioner Davis. Also
present was Ms. Ellen Nash, Ex-Officio.
The Chairman called the meeting to order at 7:30 p.m. and established
that a quorum was present.
Riverbend Shopping Center Plan - (Plan 1) Located off east side of Riverbend
Drive, south of Route 250 East and southeast of Free Bridge, north of
Rivanna River; proposal to locate a 135,000 square foot shopping center
on 16.9 acres. Rivanna District. County Tax Map 78, a portion of Parcels
17D, 17G and 15C1. Deferred from April 26, 1983 meeting.
Mr. Keeler explained that the applicant would be requesting an indefinite
deferral of this plan, which would permit concentration on the second
plan and the accompanying rezoning application. Mr. Keeler explained
further that preliminary approvals had not been secured for the second plan
but "the applicant feels confident that within a week, by May 17, he can
obtain most of those preliminary approvals, including preliminary approval
for stormwater management items."
Before acting on the request for deferral, Mr. Bowerman asked the County
Engineer to comment on Ms. Diehl's concerns about how heavy metals and
other pollutants would be handled in the proposed stormwater detention
basin. Mr. Elrod explained the settling process. He stated the structure
proposed is of the simplest type which will require the least maintenance,
but he noted there were still a lot of questions he had not answered.
He commented at length about soil erosion and pollution control in general.
The applicant was represented by Mr. Don Wagner. He offered no significant
comment.
There was no public comment.
Mr. Skove moved that the Riverbend Shopping Center Plan - Plan 1 be in-
definitely deferred.
Mr. Michel seconded the motion which passed unanimously.
SP-83-11 Jeanne Miles - Request to establish riding stable and give
riding lessons on County Tax Map 59, Parcel 29, Samuel Miller Magisterial
District, in accordance with Section 10.2.2(16). Property consists of
58.670 acres zoned Rural Areas, located north of Route 250 West, on
Route 677 (Old Ballard Road), approximately 3 miles from its intersection
with 250, behind back entrance to West Leigh.
May 10, 1983 Page 2
Mr. Keeler explained that it had been determined that the applicant would
be doing such a small amount of business that no special permit was -1104
required. Therefore the applicant was requesting withdrawal.
The Commission accepted the applicant's request for withdrawal.
SP-83-17 Meta Kelley - Request to establish commercial kennel on County
Tax Map 57, Parcel 81B, Samuel Miller Magisterial District, in accordance
with Section 10.2.2.17. Property consists of 29.40 acres zoned Rural
Areas, located on south side of Route 250 West, approximately 12 miles
east of Mechums River.
Mr. Keeler presented the staff report. Staff recommended approval subject
to conditions.
The staff report noted that surrounding property owners were either
supportative of the request, or were neutral; no objections had been
voiced.
The applicant was represented by a gentleman who failed to identify himself.
He noted that the houses would be soundproofed and there would also be
a pine buffer between the road and kennels.
The Chairman invited public comment.
Mr. Bill Vandenb,ury addressed the Commission and expressed his opposition
to the proposal. He was concerned about the possibility of further
commercialization of the area. He read a list of restrictive covenants which
applied to his property.
Mr. Mike Warren, an adjoining property owner, expressed his opposition to
the proposal.
Mr. Frank Kessler, owner and operator of Wakefield Kennel for 8 eight years,
addressed the Commission. He felt there was a misconception about
kennels. He explained that the dogs will be inside 95% of the time.
Speaking as a realtor, he assuredthe adjoining property owners that the
proposed use would not devalue their property.
Mr. Little (the applicant's representative) stated that the restrictive
covenants referred to by Mr. Vandenbury did not apply to the applicant's
property. He stressed that the establishment would be well done and would
not detract from surrounding property values. He noted also that the
location would be slightly closer to the road than indicated on the
plat, but that it would not violate the 200 foot setback from adjacent
properties.
There being no further comment, the matter was placed before the
Commission.
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May 10, 1983
Page 3
It was determined the applicant had no objection to the restriction of
of 7 a.m. to 10 p.m.
There was a brief discussion as to whether to require trees or fencing
in relation to ound attenuation. It was finally decided the following
condition would be added:
• Staff approval of trees for sound attenuation and screening.
Mr. Cogan noted that he did not feel this would invite other commercial
activity in the area because it was not the usual commercial -type business.
He also noted that this property owner was no bound by restrictive
covenants on adjacent property.
Mr. Cogan moved that SP-83-17 for Meta Kelley be recommended to the Board
of Supervisors for approval subject to the following conditions:
1. Building Official and Health Department approval to insure the kennel
is designed in such fashion that all washdown water is directed to
an approved septic system for sanitary disposal;
2. Building Official approval of building soundproofing measures in
accordance with 5.1.11(b) (i.e. - sound measured at nearest
agricultural or residential property lines will not exceed 40 decibels);
3. The Board of Supervisors may require sound attentuation fencing in
accordance with 5.1.11(c) at any future time at which the same shall
be deemed reasonably appropriate to protect the public interest;
4. Virginia Department of Highways and Transportation entrance approval;
5. Kennel shall be located at least 200 feet from any adjoining
residential or agricultural property line in the general location shown
on the plat marked "Approved for recordation 12-15-82;"
6. All animals shall be confined within within the building from 10:00 p.m.
to 7:00 a.m.;
7. Staff approval of parking area to consist of 6 customer parking spaces
plus one parking space per employee;
8. Kennel limited to 20 single and 4 double runs;
9. Staff approval of trees for sound attenuation and screening.
Mr. Michel seconded the motion which passed unanimously.
SP-83-21 Robert H. and Marta Ramsey - Request to establish nursery
school on County Tax Map 59, Parcel 7D, Samuel Miller Magisterial District,
in accordance with Section 10.2.2(7). Property consists of 6.365 acres
zoned Rural Areas, located north of Route 250 West, off Route 677 (Old
Ballard Road), approximately 1 3/4 miles from its intersection with 250.
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May 10, 1983
Page 4
The applicant was not yet present at the hearing, so this item was
postponed until later in the meeting.
SP-83-22 Peggy Boland - Request to establish gifts, antiques and crafts
business on County Tax Map 33, Parcel 1G, Rivanna Magisterial District,
in accordance with Section 10.2.2(36). Property consists of .930 acre
zoned Rural Areas, located on eastern side of Route 29 North, across from
General Electric plant entrance at Piney Mountain.
Mr. Keeler presented the staff report. Staff recommended approval subject
to conditions.
The applicant, Mr. Boland, spoke briefly. He indicated he did not antici-
pate any flooding problems based on his experience with the property.
There being no public comment, the matter was placed before the
Commission.
Mr. Cogan stated that so long as the applicant was willing to hold the
County harmless from any potential flood damage, then he had no problems
with supporting the application.
Mr. Skove moved that SP-83-22 for Peggy Boland be recommended to the
Board of Supervisors for approval subject to the following conditions:
1. Written acknowledgement from the applicant and property woner that
the approval of this special use permit shall not create liability on
the part of Albemarle County or any officer, agency or employee
thereof, for any flood damage which may occur;
2. No outdoor display;
3. No auctions or yard sales.
Mr. Kindrick seconded the motion which passed unanimously.
Site Plan Amendments - Discussion of County Engineer letter regarding
revisions to approved site plans.
The County Engineer was seeking a determination from the Commission as
to whether or not an applicant could be required to provide stormwater
detention for a project which was seeking an amendment to an approved
plan IF said detention had not been required at the time the plan was
originally approved, and if detention could be required could it be
administratively approved or would Commission approval be required.
Mr. Elrod explained that these situations come up daily, but the
one which had instigated this discussion was related to the old
Charlottesville Hardware building on Rio Road.
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May 10, 1983 Page 5
Mr. Payne explained three alternatives for handling these situations:
(1) Where there is a change which clearly does not comply with the law
then the applicant must come back to the Commission unless it falls
under the provisions of 32.2.2; (2) Where there is a change which still
complies with the law; and (3) Where the change does not comply with the
law and the Planning Director does not feel comfortable with administrative
approval.
Various hypothetical situations were discussed.
The Commission took no action and made no definitive statements about this
issue.
SP-83-21 Robert H. and Marta Ramsey - Request to establish nursery school
on County Tax Map 59, Parcel 7D, Samuel Miller Magisterial District, in
accordance with Section 10.2.2(7). Property consists of 6.365 acres zoned
Rural Areas, located north of Route 250 West, off Route 677 (Old Ballard
Road), approximately 1 3/4 miles from its intersection with 250.
Mr. Keeler presented the staff report. The report concluded: "Developed
with two dwellings, Staff opinion is that the applicant enjoys reasonable use
of the property under existing zoning. Additionally, the applicant could
operate with 5 or fewer students without requirement of a special use permit.
. While Staff has no problem with the proposed use per se, the potential
fir' precedent created in this area could encourage additional impact on Old
Ballard Road."
The applicant was represented by Mr. Ed Bain. He stated the applicant
had no problems with any of the suggested conditions of approval with the
exception of No. 4 dealing with the road maintenance agreement. He seemed to feel
the maintenance of the road could be worked out between the property
owners without the involvement of the County Attorney.
Mr. Ramsey addressed the Commission. He noted that 5 of 7 neighbors
had indicated their support for the proposal. He stated that he would
gladly pay for the initial improvements to the road and would cooperate
in a maintenance agreement in whatever way was deemed fair by all the
residents on the road.
There being no public comment, the matter was placed before the Commission.
The main issue of discussion dealt with the question of road maintenance.
Mr. Bowerman noted that the traffic on the road would double as a
result of this use, and he felt that portion of the road serving this
property should be prime and double sealed. There was some discussion
about the requirements for the improvements to the road in regards
to road width, surfacing, etc. There was also some discussion as to
how to fairly distribute the share of maintenance since some of the
lots on the road also had rental units. Mr. Bowerman felt the maintenance
+*IW should be pro rated based on the how much each property would use the road.
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May 10, 1983 Page 6
It was finally decided the following conditions would be added:
• Amend No. 4: County Attorney approval of maintenance agreement
for private road, pro rated on a lot -by -lot basis.
• Add No. 9: Private road to be upgraded and paved with prime and
double seal to a width of 16 feet, up to the applicant's entrance.
Regarding the maintenance agreement, Mr. Payne stated: "The way I
interpret that is if the owner's come up with something else, as long
as it's not less than what you've required, I'll approve it."
It was determined the following words would be added to No. 9: "subject
to County Engineer approval and Section 18-36 of the Subdivision Ordinance."
Mr. Cogan moved that SP-83-21 for Robert H. and Marta Ramsey be recommended
to the Board of Supervisors for approval subject to the following conditions:
1. Permit is issued to the applicant and is non-transferrable;
2. Compliance with Section 5.1.6 Supplementary Regulations;
Section 5.1.6(a) is waived;
3. Staff approval of outdoor play area and parking;
4. County Attorney approval of maintenance agreement for private road,
pro rated on a lot -by -lot basis;
5. Virginia Department of Highways and Transportation entrance approval;
6. Enrollment limited to 15 students. Two adult supervisors shall be
present at all times when operating with more than 10 students;
7. Fire Official and Building Official approvals;
8. Health Department review to insure adequacy of septic drainfield for
increased usage;
9. Private road to be upgraded and paved with prime and double seal to
a width of 16 feet, up to the applicant's entrance, subject to
County Engineer approval and Section 18-36 of the Subdivision Ordinance.
Mr. Kindrick seconded the motion which passed unanimously.
Miscellaneous
There was a brief discussion, initiated by Mr. Cogan, about AF Districts.
He stated some White Hall residents had expressed concern about the fact
that AF districts have more restrictions on property owners than RA
districts.
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May 10, 1983
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Page 7
There was a brief discussion about the progress of the Private Roads
Committee. Mr. Keeler stated the committee had not yet met.
There being no further business, the meeting adjourned at 10:00 p.m.
V. Wayne ilimberg, S27!�Iy
Recorded by: Stuart Richard
Transcribed by: Deloris Sessoms 7-90
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