HomeMy WebLinkAbout11 10 83 PC MinutesNovember 10, 1983
The Albemarle County Planning Commission held a public hearing on
Thursday, November 10, 1983, Meeting Room 7, County Office Building,
Charlottesville, Virginia. Those members present were: Mr. Allen
Kendrick; Mr. Jim Skove; Mr. David Bowerman, Chairman; and Mr. Tim
Michel. Other officials present were: Mr. Ronald Keeler, Chief of
Planning; and Mr. Fred Payne, Deputy County Attorney. Absent:
Commissioners Diehl, Davis and Cogan.
The Chairman called the meeting to order at 7:30 p.m. and established
that a quorum was present.
ZMA-83-17 Della and Douglas Marsh - Request to rezone 1.77 acres from Rural
Areas to R-2, County Tax Map 14, Parcel 29B, White Hall Magisterial
District. Located approximately halfway between Browns Cove and Mount
Fair on the east and west side of Rt. 810.
Mr. Keeler presented the staff report. Staff recommended denial for
the following reasons:
--The proposed zoning is in conflict with the recommendations of
the Comprehensive Plan.
--To rezone the property would be spot zoning and could set a precedent
for future rezonings in the area.
--To rezone would require variances and/or waivers from the Board of
Zoning Appeals and Planning Commission from the area requirements
for well and drainfield and frontage regulations; and
--Any division of the property could make the residue parcel more non-
conforming than what presently exists.
The applicant was represented by Mr. Marsh. He did not understand
the issue of the drainfield problem. He explained that a drainfield
has existed on the property for 15 years and could not understand
staff's objections. Mr. Marsh repeatedly expressed a lack of under-
standing as to why he could not sell his property. Mr. Keeler
explained the requirements of the Ordinance in relation to minimum
acreage, etc. Mr. Marsh asked if there was any other way to
approach this issue, e.g. could it be considered a hardship case?
(Mr. Payne stated that was not a possibility.) It was noted that the
applicant could apply to the Board of Zoning Appeals for various
waivers and, if those were granted, then apply for a subdivision.
Mr. Payne noted, however, that he felt the issue was not one of
insufficient drainfield area, but rather was the issue of placing
R-2 zoning in the middle of the rural areas. Mr. Michel stated he
was not in favor of that, but he noted that the uses do exist and nothing
will be accomplished by denial.
Mr. Payne noted that there are aspects of the situation which will
be made worse if the property were to be subdivided.
.0%S
November 10, 1983
Page 2
There being no public comment, the matter was placed before the Commission.
There was a unanimous feeling of sympathy for the applicant's dilemma,
but Mr. Bowerman explained that the Commission had little flexability
for dealing with the request.
It was pointed out that the major issue was placing R-2 zoning in that
particular area. (Mr. Marsh repeatedly questioned how the County could
keep him from selling his property. It was pointed out that that was not
an issue before the Commission, only the matter of the rezoning.)
Mr. Payne pointed out a simple solution would be to add more land or to
discontinue a combination of the uses.
Mr. Bowerman suggested that Mr. Marsh consult with an attorney to explore
other alternatives which might be available to accomplish the same result.
Mr. Skove moved that ZMA-83-17 for Della and Douglas Marsh be recommended
to the Board of Supervisors for denial.
Mr. Michel seconded the motion.
The motion passed (3:0:1) with Commissioners Bowerman, Michel and Skove
voting for the motion, and Commissioner Kendrick abstaining.
SP-83-76 Page J. McGee - Request in accordance with Section 30.3.5.2.1(2)
to build a bridge over creek to private residence, on 421.222 acres zoned
Rural Areas, County Tax Map 16, Parcel 6, White Hall Magisterial District.
Located in Free Union, on the south side of Route 668 and the west side
of Route 671, at their intersection.
Mr. Keeler presented the staff report. Staff recommended approval subject
to conditions.
Mr. and Ms. McGee addressed the Commission. Ms. McGee pointed out that
the line was incorrectly drawn on the map. Mr. McGee questioned why
this was a problem. He stated that the only access possibility for the
property involves a creek crossing and he questioned why a special permit
was needed. Mr. Keeler explained the reasons for the Ordinance
requirements.
The Chairman invited public comment. The contractor for the project
explained the proposal in more detail.
There being no further public comment, the matter was placed before the
Commission.
Mr. Michel moved that SP-83-76 for Page J. McGee be recommended to the
Board of Supervisors for approval subject to the following conditions:
1. County Engineer approval,to be guided by comments of the Watershed
Management Official, of bridge and construction activity in floodplain
in accordance with Section 30.3 Flood Hazard Overlay District of the
Zoning Ordinance;
.S/6
November 10, 1983 Page 3
2. County Engineer to be mindful of the Virginia Department of Highways
and Transportation comments in their letter dated October 21, 1983.
Mr. Skove seconded the motion which passed unanimously.
SP-83-72 Melvin T. Dixon - Request in accordance with Section 10.5.2.1 to
subdivide 9.77 acres zoned Rural Areas into two parcels of t3.5 acres and
t6.25 acres, County Tax Map 30, Parcel 35, White Hall Magisterial District.
Located on the north side of Route 665 near Hickory Ridge PUD.
Mr. Keeler presented the staff report. Staff recommended denial of the
request because of the potential precedent set for future division
within the immediate environs of a drinking water impoundment.
The applicant was represented by Mr. Mel Dixon. He explained the history
of the request and also gave a more detailed description of the property.
He felt the request was well within the intent of the Comprehensive Plan
and would not established a precedent for the following reasons: (1) The
small scale of the proposal; (2) Existence of a lake on the property
which will act as a sedimentation basin for over 1/2 the property; and (3) The
insignificant impact of one additional dwelling unit.
There being no public comment, the matter was placed before the Commission.
Mr. Michel asked Mr. Payne if approval of this request would set a
precedent. Mr. Payne replied: "Certainly."
Mr. Bowerman stated he agreed the proposal would not have a major impact,
but he, too, was mindful of the precedent issue. He felt the existence
of the pond made the proposal more favorable and because of that he
was willing to look beyond the density requirements of the Comprehensive
Plan. He felt the property was "unique" enough to consider a favorable
action.
Mr. Skove and Mr. Michel indicated they could not vote favorably because
of the reservoir issue.
Mr. Skove moved that SP-83-72 for Melvin T. Dixon be recommended to the
Board of Supervisors for denial.
Mr. Michel seconded the motion.
The motion failed to pass with a vote of 2:2 (Commissioners Bowerman and
Kendrick voting against the motion, and Commissioners Michel and Skove
voting for the motion).
There was a discussion as to how this matter should be forwarded to the
Board. Mr. Payne stated that it was acceptable to forward it with a
tie vote because the record would show that the Commission had been
unable to reach a majority decision.
November 10, 1983 Page 4
SP-83-74 Dennis Minetos - Request in accordance with Section 22.2.2(8) to
locate a used car lot on 3.474 acres zoned C-1, County Tax Map 45, Parcel
104A, Charlottesville Magisterial District. Located ±600 feet south of
Woodbrook Shopping Center on the east side of Route 29 North.
(Mr. Payne excused himself due to a conflict of interest.)
Mr. Keeler presented the staff report.
The applicant was represented by Ms. Minetos.
Mr. Keeler stated staff's main concern was that there be one access to
this piece of property.
The Chairman invited public comment.
Ms. Joan Graves addressed the Commission. She felt it should be made
clear that the property have at least 40,000 square feet (to accommodate
a drainfield) provided that public water is available.
There being no further public comment, the matter was placed before the
Commission.
Mr. Bowerman stated he was uncomfortable with dealing with this property
with only one parcel's use being known. He noted the following concerns:
(1) Because of location on Rt. 295 it is desirable to control access
to the site with one entrance; (2) Full frontage improvements along the
entire length of the property are desirable; and (3) As a new use, it
should be served by water and sewer.
Mr. Michel agreed. He felt there were too many unanswered questions about
the property (separate from the proposed use). He indicated he could
not support the proposal.
Mr. Michel moved that SP-83-74 for Dennis Minetos be recommended to the
Board of Supervisors for denial.
The motion died for lack of a second.
Mr. Bowerman explained to the applicant that the Commission would like
to see a plan for the entire property.
The applicant requested an indefinite deferral.
Mr. Skove moved that SP-83-74 for Dennis Minetos be indefinitely deferred.
Mr. Kendrick seconded the motion which passed unanimously.
ZTA-83-4 - Amendment to Section 32.7.2 of the Zoning Ordinance as related
to limitation on parking/storage of inoperable vehicles. (Resolution of
Intent adopted 10/11/83)
�7�
November 10, 1983
Page 5
Mr. Keeler presented the staff report. The purpose of the amendment
was to: "Incorporate the Watershed Management Official as a member of the
Site Plan Review Committee."
There being no public comment, the matter was placed before the Commission.
Mr. Skove moved that ZTA-83-4, to amend Section 32.7.2 of the Zoning Ordinance
as related to membership of the Site Plan Review Committee, be approved as
follows:
Section 32.7.2: There is hereby created a site plan review committee
composed of a representative of tle Albemarle County Planning
Department, the Albemarle County Engineer's Office, the
Albemarle County Service Authority, the Watershed
Management Official, the Albemarle County Fire Official,
the Virginia Department of Health, the Virginia Department
of Highways and Transportation, and the United States
Department of Agriculture Soil Conservation Service. (Continue.)
Mr. Kendrick seconded the motion which passed unanimously.
ZTA-83-5 - Amendment to Section 4.13.2 of the Zoning Ordinance as related
to limitation on parking/storage of inoperable vehicles. (Resolution of
Intent adopted 10/11/83).
Mr. Keeler presented the staff report. The purpose was "to provide consis-
tency between language of 4.13.2 and definition of "inoperable vehicle."
There being no public comment, the matter was placed before the Commission.
Mr. Kendrick moved that ZTA-83-5, to amend Section 4.13.2 of the Zoning
Ordinance as related to limitation on parking/storage of inoperable
vehicles, be recommended to the Board of Supervisors for approval as
follows:
Section 4.13.2: LIMITATION ON PARKING/STORAGE OF INOPERABLE VEHICLES, ETE.
No inoperable vehicle shall be se located on any
agricultural or residential district so as to be visible
from a public road or adjoining property. Not more
than two (2) such vehicles shall be located on any
such lot regardless of location. Arty-vehiele-aet
disgTayiag-ett��ea�-lieease-pTa�es-aad-}sspee��e�
�aTi�e iea-ee }€+ease-as-"gttire4-by-V+rg+et}a-law
shall-be-eeas��tte�-as-ate-iaepe�abTe-Leh}eTe.
Mr. Skove seconded the motion which passed unanimously.
Rio Road Gulf Station/T/A Rio Road Superette - Request for site plan waiver.
��9
November 10, 1983
Page 6
Mr. Keeler presented the staff report. Staff recommended approval of the
waiver request subject to conditions. Iwo
The applicant was present, but offered no additional comment.
There being no public comment, the matter was placed before the Commission.
The Commission expressed no concern about this request.
Mr. Michel moved that the Rio Road Gulf Station/T/A Rio Road Superette
request for a site plan waiver be approved subject to the following:
1. Staff approval of the eleven parking spaces on the sketch plan;
2. Fire Official approval;
3. This site plan is for rennovation of the existing garage as a
convenience store and any use of the existing store building will
require a complete site plan approval by the Planning Commission.
Mr. Kendrick seconded the motion which passed unanimously.
There followed a discussion about the McGee request which had been acted upon
earlier in the meeting, particularly about the issue of stream crossings.
There being no further business, the meeting adjourned at 9:20 p.m.
V. Wayn9'Cilimberg, Secretory
Recorded by: Stuart Richard
Transcribed by: Deloris Sessoms 3-90
I
ego