HomeMy WebLinkAbout12 10 85 PC MinutesDecember 10, 1985
The Albemarle County Planning Commission held a public hearing
on Tuesday, December 10, 1985, Meeting Room 7, County Office
Building, Charlottesville, Virginia. Those members present
were: Mr. David Bowerman, Chairman; Mr. Richard Cogan, Vice
Chairman; Mr. Harry Wilkerson; Mr. Richard Gould; Ms. Norma
Diehl; Mr. Tim Michel; and Mr. James Skove. Other officials
present were: Mr. John Horne, Director of Planning and
Community Development; Mr. David Benish, Planner; Ms. Katherine
Imhoff, Chief of Community Development; and Ms. Patricia Cooke,
Ex-Officio. Mr. Frederick Payne, Deputy County Attorney, entered
the meeting late.
The chairman called the meeting to order at 7:30 p.m. and
established that a quorum was present.
The minutes of the November 26, 1985 meeting were approved
as written.
Prewitt Semmes Final Plat - Proposal to combine a portion of 2
parcels to create an additional lot of 13.645 acres. 18.3
and 35 acres of residue remain from original parcels. Access
will be provided from Rt. 231 by a 30 foot right-of-way.
Applicant is requesting a waiver of Section 18.36(f) of the
Subdivision Ordinance so residue is not restricted to 30 foot
right-of-way. The property is zoned RA, Rural Areas and is
located just north of Cismont on Route 231. Tax Map 65, parcels
10 and 41. Rivanna Magisterial District.
Mr. Benish gave the staff report. He stated that staff recommends
approval of the waiver request since a new road would result in
significant degradation to the environment and aesthetic quality
of the property and would also limit the property's potential
usefulness for farming activities. Mr. Benish also reviewed
the division rights, explaining that 7 rights are being used
and there has been a reduction of 5 possible lots. Mr. Benish
explained the road situation using the map.
The Chairman invited applicant. Mr. Semmes was present but
offered no additional comment.
The Chairman invited public comment.
Mr. Gordon Wheeler addressed the Commission. He stated he had
been working with Mr. Semmes and it was the applicant's desire
to limit the number of development rights. He explained the
reason for retaining the 2 development rights was so that
both a home and guest cottage can be built. He explained it
is the applicant's intent to further "deed restrict" the
55 acres that remain to no further development for 25 years.
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December 10, 1985
Page 2
Mr. Michel indicated he was familiar with the home and that it
was very beautiful. He added that he felt a connecting drive
60 feet away would be an imposition that is not warranted
and stated he was in favor of granting the waiver.
Mr. Michel moved that the Prewitt Semmes Final Plat be approved
subject to the following conditions:
1. Waiver of section 18-36(f) of the Albemarle County
Subdivision Ordinance.
Mr. Cogan seconded the motion which was unanimously approved.
University Firestone Site Plan - Proposal to locate a two-story
building of 5,460 square feet with 8 service bays, served by
21 parking spaces on 20,224 square feet. Property is located
on the east side of Rt. 631 (Rio Road West) between Hardee's
and Phillips Building Supply, adjacent to the north of Fisher's
Auto Parts, Tax Map 61, parcel 120N. Zoned C-1, Commercial.
Charlottesville Magisterial District.
Mr. Bennish gave the staff report. Mr. Benish explained the
current traffic conflicts that exist and stated staff feels
the addition of another entrance in the area would add to
the existing confusion. He also explained that in order to
obtain the necessary parking, the applicant had to obtain a
perpetual parking easement from Fisher Auto Parts; said
easement has been approved by the County.
Ms. Diehl asked if staff was willing to approve the entrance
as an ingress only. Mr. Benish responded, "If it is redesigned
as a one-way entrance only." Mr. Benish confirmed that staff
envisions that the south entrance will be used to exit onto
Rt. 29 for southbound traffic. He added that by moving the
turning actions further back on the access road, another
confusing situation will be eliminated.
It was determined that a turn lane had been required for the
Phillips Building Supply addition, but there was some question
as to whether or not it had ever been built. It was also
determined there is an "apron" on Rio Road at the Hardee's
site.and a turn lane off Rio Road for southbound traffic
entering Rt. 29. It was agreed this is a very congested area.
Mr. Benish stated the Highway Department has plans for a
concrete median strip at this location at some future time
which would eliminate the left turns.
Mr. Benish stated the only improvements that can be made
is the prevention of cars from parking along the curb (e.g.,
tractor trailers who wish to use Hardee's but cannot park
in the regular lot). He stated he is investigating the
possibility of having this area designated as a Fire Lane.
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December 10, 1985
Page 3
Mr. Benish stated the applicant also has an agreement with
Phillips which will allow them to build the foundation
on the property line.
In response to Mr. Skove's request for clarification, Mr.
Benish explained that staff is concerned about east/west
traffic on Rio Road turning into Hardee's or turning onto the
access road to go to Bojangles or Firestone. This causes
traffic to back up in the driving area. Staff is concerned
that if traffic trys to exit from this site there is the
possibility of two cars facing each other with other
cars waiting, and what will determine which car moves first,
etc.
It was determined that staff is recommending that one entrance
be eliminated (the northern entrance). Mr. Benish stated
this would have no effect on the Hardee's traffic patterns,
but staff is concerned about traffic from the northern entrance
crossing the travel lane and joining the Hardee's traffic.
Staff feels making the northern entrance one-way would prevent
traffic from exiting at this point.
Mr. Cogan asked how this would be enforced. Mr. Benish indicated
this would be a matter of how the entrance is designed, i.e.
the entrance would be narrow so as to make it difficult for
cars to maneuver an exit. He added, however, that by making the
entrance one-way, he "was not sure whether or not they would
be able to use these two sites" and there might not be room
to squeeze in the parking requirements.
The Chairman invited applicant comment.
Mr. Clyde Jenkins, representing University Firestone, addressed
the Commission. He offered the following comments:
--The applicant sees no practical reason for a decel lane
since this type of business draws only 20-24 vehicles
per day.
--The original plat was approved in 1980, without any
of these conditions; however, the business had not been
built because of the high interest rates at that time.
Mr. John Greene addressed the Commission. He pointed out that
when the property had been divided land was dedicated for
widening of Rio Road; however, adjacent properties have not
dedicated the land. He stated the applicant would be willing
to participate in a widening of Rio Road at such time as the
rest of the land is available for a meaningful turn lane.
Currently, however, there is very little frontage to provide
room for a car to safely get out of the driveway even if the
full frontage of the property is paved.
There being no public comment, the matter was placed before
the Commission.
December 10, 1985
Page 4
Mr. Michel asked if the applicant could live with the
northern entrance being one-way.
The applicant responded he did not feel this would be a problem
since he felt 900 of traffic would be exiting to the south.
Mr. Benish explained that the Highway Department has recommended
a full turn lane, but they were not sure there was a dedicated
right-of-way. Thus, they want a turn lane either to the extent
allowed by the existing right-of-way or a full turn lane
if enough right-of-way exists.
Mr. Bowerman recalled that at the time the original parcel
had been subdivided there had been concern about access
and it was felt that all four parcels would have to work
together. For that reason, the parcels had been limited
to two accesses. He said that the problems attributable to
this "corner" (the 4 lots) must be taken as a whole. He
stated this is the last proposal to be reviewed of the
four lots and to the extent this development can contribute
to good traffic flow, it should do so. He also stated he
was not convinced that the northern entrance should not be
closed altogether.
Mr. Cogan stated he could see no need for two entrances and
allowing only entrance would not be detrimental to the
applicant. He too felt that the overall plan must be considered,
and that a turn lane should be required.
Mr. Bowerman stated he felt the safest entrance to the site
would be to use the same one that is used by the auto parts
store (i.e. off Rt. 29).
Mr. Jenkins asked the Commission to keep in mind that
"accessability is everything." He said his business would
have to use the same entrance as Hardee's and Bojangles (the
northern entrance) since he felt that would make 50% difference
in his business.
Mr. Bowerman explained that the Commission was not considering
closing the applicant's entrance off Rio Road, but rather
closing one of the entrances to this site off Rio Road. The
applicant indicated he had misunderstood. However, it was
determined the applicant was in favor of keeping the
north entrance and closing the south entrance because
the "early" entrance was wide enough to allow easy access to
the lot and would not impede Hardee's or Bojangles' traffic.
He stated this would allow his customers to get out of the
flow of traffic sooner and thus reduce problems.
Ms. Diehl indicated she agreed with the applicant.
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December 10, 1985
Page 5
Mr. Benish stated that the way the condition is written, it
allows staff to work with the applicant to find the best
solution and though one entrance would be preferable, it
would be possible to work with two if it can be determined
that this would not be unsafe.
Mr. Skove moved that the University Firestone Site Plan
be approved subject to the following conditions:
(1) A building permit will not be issued until the
following conditions have been met:
(a) Virginia Department of Highways and Transportation's
approval of turn lane on Rio Road;
(b) County Engineer approval of grading and drainage plans
and computations;
(c) Virginia Department of Highways andTransportation's
approval of grading and drainage plans and compu-
tations for piping system next to the turning lane;
(d) Issuance of a soil erosion permit;
(e) Staff approval of revised site plan showing either
the elimination of the northern entrance or its
redesign to a one-way entrance only; and also showing
a full width right turn lane on Rio Road;
(f) Albemarle County Service Authority approval of water
and sewer plans.
(2) A certificate of occupancy will not be issued until
the following condition has been met:
(a) County Engineer approval of $3,520 payment to the
county in lieu of provision of stormwater detention
facilities.
Mr. Wilkerson seconded the motion which was unanimously approved.
Regarding the earlier discussion about the decel lane that
had been required for the addition to Phillips Supply, Mr. Cogan
stated the addition has been installed and staff might wish
to have the Zoning Administrator look into the matter.
Staff indicated they would check into the matter.
Mr. Bowerman clarified for the applicant that the proposal was
approved with a requirement for a decel lane on the frontage
of the applicant's property only.
CPA-85-6 Scottsville School - Request to amend the Albemarle County
Comprehensive Plan 1982-2002, Map 15: Village of Scottsville
Lane Use plan, with respect to the use of the Old Scootsville
School Building. The proposal is to amend the land use from
institutional to medium density residential in order to coincide
(Note: Mr. Payne entered the meeting at this point.)
December 10, 1985 Page 6
with a similar rezoning request from R-10 residential density
(R-10: ten dwelling units per acre). The property is located
on Route 1301 in the Village of Scottsville and consists of
about 3.8 acres. The main building is presently not used,
however, the gym is used by the Parks and Recreation program.
Tax Map 130A(2), parcels 76 and 76A. Scottsville Magisterial
District.
Ms. Imhoff gave the staff report.
In response to Mr. Bowerman's question, Ms. Imhoff confirmed
that the town of Scottsville is "incorporated," i.e. it has its
own government and separate "core." Mr. Payne explained that
it is not separate from the County to the extent that a city
is, but it has certain functions that are not governed by the
county's functions --planning is one of these functions.
This particular site is in Scottsville Village and is not
within the corporate limits of the town of Scottsville, thus
it is subject to the Commission's review.
In response to Mr. Wilkerson's question about repeated flooding
of the building, Ms. Imhoff explained this issue will have to
be worked out with HUD and the building cannot be occupied
until the levee (scheduled for completion in 1987) is finished.
She added that construction may have to be postponed until
the levee is finished. Mr. Wilkerson indicated he did not
think a levee would be sufficient to hold back flooding in
case of another Camille -type storm. Ms. Imhoff responded that
all staff can worry about is whether or not the building meets
standards for flood protection and insurance standards.
Mr. Cogan asked why this CPA is being considered at this time
if it will be necessary to wait until the levee is finished
before construction can begin. Ms. Imhoff responded that it
will take at least one year to work out matters with HUD and
this is a very complicated project which uses a lot of different
funds. She added that any buyers interested in participating
in the program need some sort of insurance to participate
since a lot of resources are being tied up.
Mr. Wilkerson asked if it was discovered that the levee was
not satisfactory, would we then re -zone again. Ms. Imhoff
admitted that this was possible. She added however that
the levee is being designed to contain a 100-year storm and
that is all any flood protection measure can be required to
do.
Ms. Imhoff confirmed that this proposal had come about because
the County owns the school building. Mr. Bowerman added that
the Board has had some interest shown by people in the private
sector. Ms. Imhoff added that the Board had begun to look
at all the vacant buildings that the County owns (McIntire,
Whitehall, Scottsville). During that same period the County
was lucky enough to see Moderate Rehab and was told that it
could be used for readaptive re -use.
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December 10, 1985 Page 7
Ms. Imhoff confirmed that the private sector would be doing the
project since the County is prohibited from using this money
for any type of construction or readaptive use. She confirmed,
however, that this would not preclude the County from getting
a grant later on. She confirmed it was conceivable that
Section 8 could be used with County equity. She stated the
Section 8 money must be committed by early 1987, that is,a
signed contract must be in hand.
It was determined the Boa d ad held a meeting on November 7,
1985 at the Scottsville7fiR ad presented this idea to members
of the public. Several members of the public had spoken, both
for and against the proposal. As a result of that meeting the
Board had adopted a resolution of intent to amend the Compre-
hensive Plan.
The Chairman invited public comment.
Mr. William Perkins, an attorney with McGuire, Woods and Battle,
addressed the Commission. His comments included the following:
--There is a great deal of opposition to the proposal,
including the Mayor and all members of City Council.
(Mr. Perkins presented a petition signed by those
persons.)
--He questioned the "hurry -up" nature of this proposal.
--He felt the procedure that has been followed has not
been correct. E.g., the mailing that had gone out
had been by "straight" mail rather than by certified
mail as (he felt) the statute requires.
--He quoted the following from the Albemarle Code, Section
2.21, Amendments to the Comprehensive Plan: "If the
Board of Supervisors desires an amendment, it may direct
the County Planning Commission to prepare an amendment
and submit it to public hearing within 60 days after
formal written request by the Board of Supervisors."
Mr. Bowerman explained that the procedure that has been followed
has been correct: i.e. The Board adopts a resolution of intent
to amend the Comprehensive Plan, staff goes to work on that
amendment, a public hearing is then scheduled before the
Commission which makes a recommendation on the proposed
amendment back to the Board. He stated that this, indeed, is
that public hearing and it is within 60 days of the time
that the Board made the resolution of intent.
Mr. Perkins stated he felt that was the procedure for amendments
to the Zoning Ordinance but felt Section 2.21 of the Albemarle
Code applied in this case and quoted the following: "After
adoption of a Comprehensive Plan all amendments to it shall
be recommended and approved and adopted respectfully as
required by Section 15.1.431 of the Code of Virginia." He
explained that that that Code section is the one which
provides for certified mailing. He continued quoting as follows:
"If the Board of Supervisors desires an amendment, it may
December 10, 1985 Page 8
direct the County Planning Commission to prepare an amendment
In response to Mr. Bowerman's question, Mr. Payne confirmed
this is the what is before the Commission.
Responding to the issue of the mailings, Mr. Horne explained
that the Code states that mailings that involve 25 parcels or
less can be sent by regular mail if the representative of
the County government who is sending the mailings signs an
affidavit saying that they were sent. He stated that is
the standard procedure in the current State Code, and that
is the way this mailing was handled. Mr. Payne confirmed
this was correct and stated the statute was amended in 1982.
Mr. Bowerman again stated the procedure that had been
followed and indicated it was his understanding that the
correct procedure had been followed.
Mr. Perkins disagreed with Mr. Bowerman's interpretation of
the Code requirement.
Mr. Bowerman stated it would be assumed, for purposes of this
review, that the matter was rightfully before the Commission.
Mr. Perkins stated that his clients protested the proceedings
on the basis of the facts as he had presented them.
Mr. Bowerman stated his protest was so noted and suggested that if
Mr. Perkins wished to pursue the matter, he should take whatever
actions he feels are called for. He asked that Mr. Perkins
focus his comments on how the Town of Scottsville, his clients,
and other interested parties from the area, feel about this
issue, and why they are opposed.
Mr. Perkins asked if the Commission was also going to proceed
with the rezoning at this time because, "procedurally I do
not know where I am."
Mr. Bowerman explained that the Commission does not have the
final say in these decisions but merely makes recommendations
to the Board. He explained if the Commission should choose
to recommend approval of the Comp Plan Amendment, they
will also review the rezoning and will pass the recommendations
on to the Board who will then make the final decisions. However,
if the Commission decides not to recommend the amendment to
the Comp Plan, then it will not even hear the rezoning proposal
since it will be a moot issue.
Mr. Perkins indicated he understood.
December 10, 1985 Page 9
Mr. Perkins stated he wanted to make sure that he was "not
waiving any rights before (his) people presented their
position."
Mr. Bowerman stated that in his six years on the Commission
there has never been an issue that was improperly before
the Commission.
Mr. Perkins responded, "I take my exception to your consid-
eration because I believe that that may be incorrect."
Mr. Perkins then introduced Mr. Grove to the Commission
who presented the petition which Mr. Perkins had
mentioned earlier.
Mr. Jessie Grove addressed the Commission. He explained
that his house was 1 block from the school. He explained
there had only been 4 people had been present at the
meeting with the Board in November because no one had
been notified of such a meeting. Mr. Grove read a
statement of opposition to the rezoning which bore the
signatures of all six city councilmen, the mayor, all
adjacent property owners, and many people from the lower
section of town. He read the following:
Opposition to Rezoning
We the undersigned residents of the town of Scottsville
oppose the proposal to amend the old Scottsville School
Land Use Plan from institutional to medium density and
to rezone the old Scottsville School property from
VR to R-10.
He gave the following reasons for opposition:
--The old school property is adjacent to the primary
residential section of the town and is right in
the "heart" of town.
--Will change the character and appearance of the historic
section of the town, thus diminishing the value of the homes
from both a monetary and historic standpoint.
--Will diminish the town's appeal to prospective new
residents and tourists.
--Addition of a large group of residents of this class
(HUD supported) will be a burden to the town and cause
security problems. (Scottsville has only one policeman.)
--Will cause an inbalance of age groups.
--Scottsville was declared a "Historic District" in 1976
and this rezoning would not serve to preserve the
historic nature of the area.
Mr. Skove asked Mr. Grove if the town had any preferred use
in mind for this building.
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December 10, 1985 Page 10
Mr. Grove indicated his preference would be for a research -type
industry or a clean, hi -tech industry, but certainly not multi-
family housing.
Mr. Perkins again addressed the Commission and stated that
he had just reviewed the file with Ms. Imhoff and the file
did not contain an affidavit as had been referred to by
Mr. Horne earlier in the meeting. He again protested the
proceedings on the grounds that an affidavit did not exist.
He continued and stated he felt the County Attorney should
rule on the matter since the Ordinance specifically states
that "shall" is a mandatory word and shall be construed as
mandatory. The section of the Code to which he referred was
15.1.431: "Whenever the notice is required hereby, required
here or sent by an agency, department or division of the
local government body, such notice shall be sent by first class
mail, provided, however, a representative of such agency,
department or division shall make affidavit that such mailings
have been made and file such affidavit with the papers in the
case."
Mr. Payne offered no comment.
Mr. Bowerman asked Mr. Payne to explain Mr. Perkins' right
of appeal, "outside this room."
Mr. Payne stated Mr. Perkins' had several options. He added
that he did not feel this was a question of appeal because
"you are formulating a proposed amendment on which the Board,
if it chooses to amend the plan, would act, either accepting
what (the Commission) does, amends it, denies it, or whatever.
If Mr. Perkins thinks there is some procedural flaw in this
proceeding, he can use that to attack it if the Board chooses
to adopt it. I have never heard of this happening, but I suppose,
if he wants to, he could go and apply for an injunction to enjoin
the Commission from hearing the matter." He added that Mr.
Horne has stated that there is an affidavit in his office and
he was not going to question Mr. Horne's word.
Mr. Bowerman �oncedagain that the Commission felt the matter
was properly before them and if Mr. Perkins chooses to challenge
this at a later date, that is his option. He stressed that this
issue would not be discussed again at this meeting.
Mr. Perkins asked that Mr. Horne check his office "this evening"
to see if the affidavit was there. Mr. Horne stated he would
check "tomorrow morning" but did not respond to Mr. Perkins
request that he check "this evening."
Ms. Maxwell, who lives across from the school, addressed the
Commission and expressed her opposition to the proposal.
She stated Scottsville has enough low-cost housing, and indeed
that had been a requirement in qualifying for the levee.
She presented a drawing which showed the school and various
flood levels, and also adjoining properties. Her reasons
December 10, 1985 Page 11
for opposition were the same as those presented by Mr. Grove.
She felt this type of housing was not appropriate for
Scottsville.
The Commission indicated they would like for the objections
to be more clearly pinpointed.
Ms. Maxwell stated the main objection is because the proposal
is for a HUD project. She said she could not imagine this
type of housing occurring in any other similar neighborhood
in the county.
The Chairman responded that "it is happening everywhere," i.e.
this type of Section 8 money used to improve properties for
the benefit of low-income people.
Ms. Maxwell indicated she understood this but felt this type
of project is usually limited to certain areas. She stated
that she was not opposed to this type of development in
some other part of southern Albemarle and that she felt
the project (i.e. low-income housing for the elderly) was
a good idea, but it was not appropriate in the center of
Scottsville.
Mr. Robert Walls, a member of the Scottsville Town Council,
addressed the Commission. Mr. Walls discussed the historical
nature of the town and the fact that many homes are listed
on the National Historic Registry. The Chairman ascertained
that Mr. Wall's objection was based on the historic nature
of the area and the feeling that this type of project
has "no place in Scottsville."
Mr. Perkins once again addressed the Commission. His comments
included the following:
--Scottsville is a unique community where practically
all the public buildings are historic landmarks.
--The matter has come along rather "speedily" and has
not been given enough consideration.
--The Comprehensive Plan calls for consideration being given
to using the school for public and/or recreational
purposes in the development of the Village. He asked
that that consideration remain until an action is
taken that is not totally objectionable to the
ordinances of the County of Albemarle and the Statutes
of Virginia.
--He quoted the following from the Flood Plain section
of the Zoning Ordinance, Section 30.3.4.4, page 184:
"No land shall be rezoned or used for public
habitation that is in the floodplain." He continued:
"Prohibited uses in the floodplain are structures
designed or intended for human habitation including
mobile homes regardless of proposed usage."
--Amending the plan as proposed would be in absolute
contradiction of the Flood Plain Ordinance.
--Many more residents would have been present at this
meeting had it not been for a conflicting meeting
December 10, 1985
Page 12
with the Rescue Squad.
--This is not the time to make this change and it there
ever is a time it will be after the levee is in place
and the Corps of Engineers has declared that this
area is no longer in the floodplain.
There being no further public comment, the matter was placed
before the Commission.
It was determined this matter was to be heard by the Board
On December 11, 1985.
Mr. Cogan indicated his feelircr. on this issue were very similar
to what they had been on the Southern Regional Park proposal.
The other members of the Commission agreed. Mr. Cogan
explained that he felt the amendment was premature and that
it should not be rushed through simply because HUD will not
consider it until it is appropriately zoned. He felt the
use would be inappropriate for the following reasons:
--Over saturation of low-income elderly which would
be disproportionate to the other population.
--If a need does exist, a more appropriate location
can be found.
--Agrees that such a use should not be placed in the
floodplain.
--From a construction and expense standpoint, he
doubted that HUD would approve the project.
--A more intensive study should be completed before
this amendment is entertained.
--To make this change at this time would be very
irregular if not inappropriate.
Ms. Diehl indicated she agreed with Mr. Cogan. She added that
she would find it difficult to approve a comprehensive plan
amendment which was in opposition to the governing body of
the town which was effected.
Mr. Wilkerson indicated he too agreed with Mr. Cogan and
moved that CPA-85-6 for the Scottsville School be recommended
to the Board of Supervisors for denial.
Mr. Gould seconded the motion.
Mr. Skove stated he could not support the motion for denial
for the following reasons:
--The floodplain question is not an issue since if the
levee is not built, HUD would not fund the project
anyway.
--This is an appropriate use for the building.
--Such projects must be located where water and sewer exist.
--This concept is similar to what was done at the Meadows.
A lot of opposition had existed at first, but had
died down after the project was begun.
He stated he could support changing the Comprehensive Plan.
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December 10, 1985
Page 13
Mr. Michel stated he was "caught in the middle" though he
was going to support the motion for denial at this
time. He added that he was not prepared to say that he
felt the use was inappropriate but he was concerned about
the floodplain issue and the strong opposition from the
town. He felt further study was indicated.
The previously -stated motion for denial of CPA-85-6 passed
(6:1) with Mr. Skove casting the dissenting vote.
ZMA-85-30 Scottsville School - Request to rezone about 3.8
acres from VR, Village Residential to R-10, Residential (ten
dwellings per acre). Property described as Tax Map 130A(2),
parcels 76 and 76A is located on Route 1301 and is known as
the Old Scottsville School. Scottsville Magisterial District.
Mr. Cogan moved that ZMA-85-30 for Scottsville School be
recommended to the Board of Supervisors for denial.
Mr. Wilkerson seconded the motion.
Mr. Horne informed the Chairman that if the Commission intended
to take action on the ZMA, it was necessary to first open the
public hearing. Mr. Payne confirmed this was correct.
It was determined that the Commission understood
staff's recommendation was for denial unless the Comp
Plan is amended, i.e. if the Plan is not amended it is
not appropriate to rezone this property.
The Chairman invited public comment.
Mr. Perkins stated he did not feel further comment was necessary
except to say that he and his clients oppose the rezoning
procedurally and philosophically.
The Chairman asked if staff felt any portion of the staff
report should be presented in light of the Commission's
action on the Comp Plan amendment.
Mr. Horne responded, "No, sir."
Mr. Cogan again moved that ZMA-85-30 be recommended to the
Board of Supervisors for denial, subject to denial of CPA-85-6.
Mr. Wilkerson seconded the motion which passed (6:1) with Mr.
Skove casting the dissenting vote.
December 10, 1985
Page 14
OLD BUSINESS
Road around the Thomas Jefferson Hotel - Mr. Cogan stated he
had spoken with Mr. McClure about the screening issue connected
with this road and the two adjoining property owners. Mr.
McClure is the legal representative of the property owner and
he indicated there would be no problem with working out
adequate screening. Mr. Cogan suggested that whoever is
handling the landscaping requirements should contact Mr.
McClure and a representative of Ms. Brown to work out the
plans.
NEW BUSINESS
Christmas Party - Ms. Imhoff reminded the Commission of
Ms. Scala's party scheduled for Monday, December 16.
There being no further business, the meeting adjourned at
9:38 p.m.
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