HomeMy WebLinkAbout01 06 87 PC MinutesJanuary 6, 1987
The Albemarle County Planning Commission held a public hearing on
Tuesday, January 6, 1987, Meeting Room 7, County Office Building,
Charlottesville, Virginia. Those members present were: Mr.
David Bowerman, Chairman; Mr. Richard Cogan, Vice Chairman; Mr.
Harry Wilkerson; Ms. Norma Diehl; Mr. Richard Gould; Mr. Tim Michel;
and Mr. Peter Stark. Other officials present were: Mr. John Horne,
Director of Planning and Community Development; Mr. Ronald Keeler, Chief
of Planning; Mr. Wayne Cilimberg, Chief of Community Development; Mr. David
Benish, Planner; Mr. Frederick Payne, Deputy County Attorney; and Mr.
Bob Trent, University of Virginia Representative.
The Chairman called the meeting to order at 7:30 p.m. and established
that a quorum was present. The minutes of the December 9, 1986 meeting
were approved as submitted.
Mr. Horne introduced Mr. Bob Trent, a University of Virginia representa-
tive who would be serving as an Ex-Officio member of the Commission.
Mr. Trent explained that various persons would be filling this
position from time to time. This was the first meeting at which
UVA was represented, as mandated by the City/County/University
Agreement.
ELECTION OF OFFICERS
Mr. Bowerman called for nominations for Chairman.
Mr. Michel nominated Mr. Cogan for Chairman. (Seconded by Mr. Wilkerson)
Mr. Wilkerson moved, seconded by Mr. Stark, that the nominations be closed.
The motion passed unanimously.
Mr. Cogan was unanimously elected Chairman.
Mr. Bowerman turned the meeting over to Mr. Cogan.
Mr. Cogan called for nominations for Vice Chairman.
Mr. Bowerman nominated Mr. Gould for Vice Chairman. (Seconded by Mr. Wilkerson)
Mr. Stark moved, seconded by Mr. Wilkerson, that the nominations be closed.
The motion passed unanimously.
Mr. Gould was unanimously elected Vice Chairman.
Mr. Bowerman nominated Mr. Horne to serve as Secretary. (Seconded by Mr.
Wilkerson)
Mr. Stark moved, seconded by Mr. Wilkerson, that the nominations be closed.
The motion passed unanimously.
Mr. Horne was unanimously elected to serve as Secretary.
January 6, 1987
Page 2
Comprehensive Plan Subcommittee Work Schedule - Mr. Cilimberg presented
the report which included a review of committee membership, a suggested
work schedule, topics to be discussed at each work session, and a
schedule of staff members assigned to each topic. The committees'
membership is as follows: LAND USE: Norma Diehl, Tim Michel, Butch
Wilkerson; TRANSPORTATION AND PUBLIC SERVICES: David Bowerman, Richard Gould,
and Peter Stark. Mr. Cogan is to act as a "floater" between the two
committees. It was determined the committees would meet on alternative
Tuesdays, at 5:00, prior to the regularly scheduled Tuesday night
public hearing. (Note: Commissioners were opposed to luncheon meetings
as suggested by staff.)
The Chairman invited public comment.
Ms. Adele Croitz, Executive Vice President of the Blue Ridge Home Builders
Association, addressed the Commission. She read a statement which
expressed concern that not enough attention was being given to
industrial land use. She asked that the Commission give consideration
to creating more industrially zoned property. She stressed the need
for more higher paying jobs. She stated: "The Planning Commission should
address itself both to the bias against industrial land use in the
Comprehensive Plan and to the provision of the public infrastructure
necessary to support small,high technology businesses in our area."
She was also concerned that the proposed subcommittee work schedule
placed the discussion of Economic Development Policy in the next -to -last
session. She stated, "In my view, it should come first, not last, because
by the time the decisions have been made about land use, transportation
and public services, a de facto economic development policy has already
been determined."
The Chairman commented that several properties have been re -zoned to
Light Industrial use in the recent past and the Commission is aware of
the situation.
SP-86-85 Alexander Simpson - Request in accordance with Section 10.2.2(10)
of the Albemarle County Zoning Ordinance to allow for the issuance of a
special use permit to locate a single -wide mobile home on property
described as Tax Map 121, parcel 77, Scottsville Magisterial District.
The property is located on the west side of Rt. 704, about .2 mile south
of the intersection of Rt. 714 and 704. Deferred from December 9, 1986.
Mr. Benish gave the staff report. He also stated three objections had
been received to the proposal. The report explained that the mobile home
would be used to provide housing for a person that will care for the
applicant's wife.
Though it was determined it might be possible to locate the trailer
closer to the home and farther from the property line, Mr. Benish
explained that the proposed location is positioned so as to be
least visible from Rt. 704.
Mr. Simpson addressed the Commission and explained that his wife was
very ill and it was necessary that he have help in caring for her.
He explained that his home was too small to accommodate a live-in
care giver. (Note: Mr. Simpson was quite. elderly.)
January 6, 1987 Page 3
The Chairman invited public comment.
Mr. John Embry spoke in favor of the application and asked that the
Commission consider the human values involved.
There being no further public comment, the matter was placed before the
Commission.
Mr. Michel recalled that the major concern expressed by surrounding
property owners was the permanency of the structure. He suggested
the possibility of an added condition "limiting the utility" of the
structure.
It was the consensus of the Commission that the permit should be
limited to the use described by the applicant and the trailer should
be removed when it is no longer needed for said use.
Mr. Bowerman suggested the following condition: "Mobile home to
be removed when it is no longer necessary to provide assistance
to Mrs. Simpson."
Because of Mr. Simpson's advanced age, it was determined the
condition should be worded in such a way so as to allow for the
continued use of the trailer for the assistance of either Mr. or Mrs.
Simpson.
Mr. Payne suggested that the condition be worded in such a way as
to allow the mobile home to remain as long as either Mr. or Mrs.
*"' Simpson were living on the property and "at such time when both
of them are no longer living on the property, the mobile home would
have to be removed." He stressed that the condition should be
tied to their occupancy rather than their ownership.
Mr. Payne suggested the following wording: Mobile home to be removed
within a reasonable time after the termination of occupancy of the
property by the later occupant of either Mr. or Mrs. Simpson."
Ms. Diehl questioned whether the condition should be more specific
than simply "a reasonable time." Mr. Payne explained that the
amount of time could vary with the circumstance, e.g. if the property
were involved in an estate, or litigation, etc. It was determined
it would be left to the Zoning Administrator to determine "a reasonable
time."
Mr. Michel moved that SP-86-85 for Alexander Simpson be recommended
to the Board of Supervisors for approval subject to the following
conditions:
1. Compliance with Section 5.6.2 of the Zoning Ordinance.
2. Location and/or screening of the mobile home to the reasonable
satisfaction of the Zoning Administrator to
provide screening from Route 704.
cm
January 6, 1987 Page 4
3. Access to mobile home shall be from the existing entrance only.
4. Mobile home to be removed within a reasonable time after the termination
of occupancy of the property by the later occupant of either Mr.
or Mrs. Simpson.
Mr. Wilkerson seconded the motion which passed unanimously.
The matter was to be heard by the Board on. January 7, 1987.
ZMA-86-10 Ken Diepold - Request to amend prior rezoning (ZMA-77-12) to change
condition No. 9 to read as follows: "No dwelling unit may be closer than
158 feet- 100 feet to any adjacent dwelling units." Property described as
Tax Map 55, Parcels 641, 64m, 64s, 64t, 64u, 64v, 64w, 64x, 64y, the lots
are located in Jarman Gap Estates at the intersection of Rt. 691 and 684 in
Crozet. White Hall Magisterial District.
Mr. Keeler gave the staff report. The report made the following statement:
"Currently, the Fire Official views the 150-foot building
separation as excessive and recommends favorably on the
(amendment changing the 150-foot separation to 1(D feet)."
(Note: The staff report originally stated the change was to allow
a 75-foot separation; however, during the reading of the report, Mr.
Keeler changed this to 100-feet.)
Mr. Keeler confirmed that the fire flow currently is less than it was
in 1977 (530 gpm in 1977; currently less than. 300 gpm). There was
some lack of understanding on the part of the Commission as to why
the houses were being moved closer together if the fire flow is
now less.
Mr. Keeler explained that separation requirements have been reduced and
the current fire official is not recommending the 150 feet which was
recommended by the prior fire official.
Ms. Diehl asked if the 100-feet corresponds with the Code. Mr. Keeler
indicated he felt that it did since this is the same separation that
was recommended in Mill Creek.
Mr. Cogan stated that he was concerned because a change was being requested
because of a change in personnel rather than a change in physical facts.
Mr. Horne pointed out that "there is no evidence in the ISO Requirements
of anything like a 150 feet." He stated he did not know how the
former fire official had arrived at a figure of 150. He added, how-
EvEr, that the ISO does have "built in discretion for the fire official,"
but they are not Code requirements. He explained further that ISO is
not written as a code, but rather as a set of guidelines.
January 6, 1987
Page 5
It was determined the fire flow at Mill Creek was above 500 gpm.
i%w,, Mr. Keeler reminded the Commission that staff is currently working
on fire separation requirements to be included in the County's
Ordinance.
The Chairman invited applicant comment.
Mr. Diepold addressed the Commission. He explained that the request
was being made in order to make better use of the land. Mr. Diepold
asked if an attached garage was considered part of the dwelling unit
in terms of the separation requirements. It was determined if the
garage was attached, it was a part of the dwelling unit.
The Chairman invited public comment.
The following residents of Jarman Gap Estates addressed the Commission and
expressed concern about the amendment: Mr. Richard Carroll, Ms. Patricia
Boatwright, and Mr. Charles Temple. (Note: There seemed to be a lack
of understanding on the part of the public as to the actual issue
before the Commission.) Public comments included the following:
--In the interest of preserving the aesthetic aspect of the
development, the same separation should be maintained throughout the
subdivision.
--Has a survey been done to determine where the new lot lines will
fall?
--The maximum separation should be maintained between the lots
wherever possible, e.g. on those lots which will allow greater
than 100 feet, the maximum should be used.
Mr. Cogan stressed that the only issue before the Commission was that
of the fire separation. He added that the Commission was not going to get
involved in a re -subdivision of the lots for the development.
The Chairman closed the public hearing.
Mr. Bowerman expressed concern that the fire official was not present
to explain his reasons for allowing the change. He also pointed out that
there have been several instances in the past when County officials
have not been present to explain various issues.
Mr. Bowerman moved that ZMA-86-10 for Ken Diepold be deferred to January 13.
Mr. Cogan indicated he shared Mr. Bowerman's concerns.
Mr. Stark seconded Mr. Bowerman's move for a deferral.
The motion passed unanimously.
Mr. Ty Heilman, a resident of Jarman Gap Estates expressed some confusion
as to the wording of the public notice he had received. He stated that
it had not explained that the amendment being requested dealt with
fire requirements. (The Chairman explained the issue to Mr. Heilman.)
1%W Mr. Heilman indicated the residents of the subdivision had not understood
the issue and their main objection was to the possibility that the
remaining lots would be smaller than the other lots in the subdivision.
January 6, 1987
Page 6
SP-81-10 S.L. Williamson Company, Inc. - Resolution of Intent by the Albe-
marle County Board of Supervisors to revoke SP-81-10 S.L. Williamson.
The property is described as Tax Map 62, parcel 16 (part of), and is part
of the Dunlora Estate located on the east side of Rio Road (Rt. 631)
opposite the VOTEC Center. Rivanna Magisterial District.
and
ZMA-81-12 S.L. Williamson Company, Inc. - Resolution of Intent by the
Albemarle County Board of Supervisors to rezone from NR, Natural Resource
Overlay District, to R4, Residential, the land subject to ZMA-81-12 S.L.
Williamson. The property is described as Tax Map 62, parcel 16 (part of),
and is part of the Dunlora Estate located on the east side of Rio Road
(Rt. 631) opposite the VOTEC Center. Rivanna Magisterial District.
Mr. Keeler gave the staff report. The report included the following
explanation:
"During review of ZMA-85-27 and SP-85-77, the Planning
Commission instructed the Deputy County Attorney to investigate
dredging activities at the Rivanna River. As a result of the
investigation, the company involved has:
1) Withdrawn ZMA-85-21 and
2) Abandoned its dredging
3) Stated that it will not
and SP-81-10."
SP-85-77;
operation near Key West;
object to repealer of ZMA-81-12
Mr. Williamson was not represented at the meeting, nor was there public
comment.
Mr. Bowerman moved that it be recommended to the Board of Supervisors
that SP-81-10 and ZMA-81-12 for S.L. Williamson be repealed.
Mr. Stark seconded the motion which passed unanimously.
SP-86-88 FHM Partnership - Request in accordance with Section 23.2.1.6 of the
Albemarle County Zoning Ordinance for the issuance of a special use permit
to allow for a school of special instruction (piano lessons). Property
described as Tax Map 61, Parcel 27 is located on the east side of Rt. 743
(Hydraulic Road) directly across from Albemarle High School and adjacent to
the existing office buildings. Charlottesville Magisterial District.
Mr. Keeler gave the staff report.
(Since the meeting was running ahead of scheduled agenda time and the
applicant had not yet arrived, the Commission asked staff to report
on the Policy Manual at this time.)
Policy Manual - Mr. Keeler reported that as a result of the continuing effort
to implement the recommendations of the LURC Committee, staff is beginning
work on a Policy Manual which is intended to be "a compendium of written
positions intended to provide for an expedient and consistent procedure."
4
January 6, 1987 Page 7
He explained that the manual will be restricted to procedural matters
and that brevity and clarity will be essential to the manual. It
was recommended that the Director of Planning and Community Development
would administer the manual, and since the subject is policy as opposed to
ordinance, some degree of flexibility should be anticipated in its appli-
cation. The staff report stated: " While some existing policies can be
compiled by staff, it is recommended that much of the policy manual be
developed on an incremental basis as issues arise .... As policy issues are
identified, staff will prepare 'packages' of statements for discussion.
Once a number of policy statements have been agreed upon by the Commission,
staff will organize them topically and forward them to the Board for
ratification. Additional policies will be added as the need arises."
Mr. Keeler explained that the intent of the manual is to "avoid
confusion, delay and wasting of time." He stated, "Basically the
manual will address the process itself, i.e. how an applicant makes
a submittal and gets before the Commission."
Mr. Keeler stated that it is staff's goal to have the initial document
available by July, 1987.
There was some concern by the Commission as to how labor intensive
this project would be for staff and whether or not the final document
would be great value to the public and the Commission. Mr. Keeler
stated he did not know how valuable the document would be to the
general public, but he felt it would be very helpful to the Commission,
the Board, staff and the development community. Mr. Horne pointed
out that the initial document will be quite brief, but will be added
to from time to time.
FHM Partnership (continued)
The Chairman invited applicant comment.
Ms. Toko Duvall, the piano instructor who will be operating the
school, addressed the Commission. She stated she has been a piano
instructor for 9 years and is interested in moving her studio to
this location because it will be more convenient for the majority
of her students. She explained that most of her lessons take place
after school and no later than 9:00 p.m.
There being no public comment, the matter was placed before the
Commission.
Mr. Michel moved that SP-86-88 for FHM Partnership be recommended to
the Board of Supervisors for approval subject to the following condition:
1. Zoning Administrator approval of parking allocation prior to
issuance of a certificate of occupancy.
Ms. Diehl seconded the motion which passed unanimously.
The matter was to be heard by the Board on January 21, 1987.
January 6, 1987 Page 8
SP-86-90 Colonnade Associates - Request in accordance with Section 24.2.2
of the Albemarle County Zoning Ordinance to allow for the issuance of a
special use permit to allow for the construction of a drive-in branch bank 14101
on a vacant .57 acre parcel, zoned HC, Highway Commercial. Property
described as Tax Map 60, parcels 40B1 and 40B2 is located approximately 300'
west of the city limits on the south side of U.S. Rt. 250W. Jack Jouett
Magisterial District.
Mr. Keeler gave the staff report.
The Chairman invited applicant comment.
Mr. Rick White, representing Colonnade Associates, addressed the Commission.
Mr. White stated that he had just become aware of a number of issues and,
therefore, he requested that the application be indefinitely deferred.
It was determined there was no public comment on the application.
Mr. Michel moved that SP-86-90 for Colonnade Associates be indefinitely
deferred.
Mr. Stark seconded the motion which passed unanimously.
SP-86-83 George Schmidt & Mark Foley - Request in accordance with
Section 10.2.2(18) of the Albemarle County Zoning Ordinance for the issuance
of a speiial use permit to allow for the construction of a veterinary
clinic on a 2.2 acre parcel zoned RA, Rural Areas. Property described as
Tax Map 65, Parcel 31E is located on the south side of Rt. 22 at its
intersection with Rt. 231 at Cismont. Rivanna Magisterial District.
(Note: Mr. Payne excused himself from the meeting due to a conflict of
interests.)
Mr. Keeler gave the staff report. To address some of the concerns
of the public regarding this application, Mr. Keeler suggested the
addition of the following condition: "4. Limited to equine veterinary
practice only. No overnight boarding of animals."
Mr. Gould asked how this use was consistent with the Agricultural/Forestry
District. Mr. Keeler responded that, in his opinion, it was a related
use.
Mr. Keeler stated it was his understanding that services provided at
this site would be very limited since the practice is primarily
"on site."
Responding to Mr. Gould's question, Mr. Horne stated that the Board
of Supervisors has endorsed the recommendation to the State that
Routes 22 and 231 be designated scenic highways, but the State has
not yet taken final action.
January 6, 1987 Page 9
Mr. Keeler also stated that it was his understanding that the applicant
would vacate the current operation at Cash's Corner upon the approval
of this permit.
Mr. Keeler also pointed out that it was his belief that "veterinary
off -site treatment only is by right in the RA district."
There was a lack of understanding by some Commissioners as to what was
meant by an "off -site" practice. It was explained that this meant
the doctors "go to the animals" rather than the animals being brought
to their office to be treated.
The Chairman invited applicant comment.
Dr. Mark Foley addressed the Commission. He explained that he and his
partner have two well-equipped, veterinary mobile hospitals and that
99.9% of their work takes place at various farms "from Culpeper to
Waynesboro, from Louisa to Scottsville." He stated that only very
rarely would a horse be examined at the office and that would
involve approximately a 12 hour exam. He stated he would not be
hospitalizing horses. He confirmed that the Cash's Corner office
would be closed upon completion of the new facility. He explained
that the current office is housed in the upstairs of Dr. Schmidt's home
and the practice has outgrown these accommodations. He indicated
the new facility would serve as an office for the receptionist/
lab technician and would also allow the addition of a computer
to the practice.
Mr. Michel questioned whether the limited amount of acreage (2.2 acres)
was sufficient for the applicant's use. Mr. Foley indicated the
area was large enough for the use envisioned.
Mr. Foley confirmed he had no objection to the restriction against
overnight boarding of animals. He also confirmed that the practice
was limited entirely to horses.
Mr. Gould asked if the facility would be constructed so as to
allow overnight boarding. Mr. Foley explained that a "work area
and one stall" would be constructed but it was not the applicant's
intent to use the facility to board or hospitalize an animal. He
stressed that they do not currently board or hospitalize animals,
and they have no desire to do so in the future.
Mr. Gould was concerned that there was no way of policing this
restriction, particularly if the facility was built so as to
allow overnight boarding. Mr. Foley stated that, if necessary for
approval of the application, the stall could be omitted, but the
work area was a necessity. After some discussion, it was agreed
by the Commission that the stall described did not present
a problem and the use would be policed as any other, i.e. if a
complaint is received, it would be investigated by the Zoning
Administrator.
January 6, 1987
Page 10
Mr. Michel cautioned the
being placed on the
would be very limited.
this.
applicant that because of the restrictions
facility, the future use of the building
The applicant indicated he was aware of
Mr. Michel stated he was in favor of a fifth condition being added
stating that the existing facility at Cash's Corner would be closed
upon completion of the new facility.
The Chairman invited public comment.
Mr. Thomas F. Spicer, owner of all the surrounding property, addressed
the Commission and expressed his concern and opposition to the
application. His reasons for objection included the following:
--Disturbs the "nature" of the area.
--Increased traffic on already burdened highways.
--Increased danger from added traffic and large horse vans.
--Health hazard presented by waste disposal.
--Artificial illumination will disturb the area.
--Natural drainage of Spicer property will be disturbed by
construction on the applicant's property.
The following neighboring property owners also expressed their opposition
to the application: Ms. Patton Polene; Ms. Janet Broan, representing the
Keswick Garden Club; Mr. Pete Craddock.
Dr. Foley again addressed the Commission and explained that he felt this
facility would be an improvement to the property since it will be
replacing a dilapidated abandoned building which currently exists.
He stressed that it is his intent to construct a facility that will
fit in with the surrounding area.
Mr. Stark suggested that the applicant meet with the surrounding property
owners to explain his operation and to clarify some possible misconceptions
held by the public.
There being no further public comment, the matter was placed before the
Commission.
Ms. Diehl stated she felt the use was compatible with the Agricultural/
Forestal District and she would support the special permit. She added
that she would consider the issues of sight distance, screening and
building design very carefully at the time of the site plan.
Mr. Gould stated that though he was sympathetic to the applicant's
proposal, he was more in sympathy with the values that have been
established in the area in terms of three agricultural/forestal
districts and the fact that an effort is being made to establish
a historical district in the area. He felt those values took
priority over this application and, therefore, he would not support
the application.
/0
January 6, 1987 Page 11
Mr. Wilkerson stated he felt the use would be an asset and would be
an improvement over the structure that currently exists on the property.
r He stated he would support the application with the conditions outlined
by staff, including the two additional conditions discussed by the
Commission.
Mr. Bowerman stated he was in agreement with Commissioners Diehl and
Wilkerson.
Mr. Stark stated he felt there was a lack of communication between the
applicant and the residents and again suggested that they meet to clarify
the situation before the Board hearing.
Mr. Cogan indicated he was not in favor of the application because
the property was too small and in an undesirable location. He also
felt that the many restrictions placed on the use would cause problems
in the future.
Ms. Diehl moved that SP-86-83 for George Schmidt and Mark Foley be
recommended to the Board of Supervisors for approval subject to the
following conditions:
1. Site plan approval.
2. The applicant is hereby notified that it is Planning Commission policy
that necessary site distance easements (or evidence that easements can)
be obtained prior to site plan review.
3. Signage to comply with requirements of Section 30.5 Scenic Areas Overlay
District.
4. Limited to equine veterinary practice only. No overnight boarding of
of animals.
5. SP-78-11 shall terminate upon issuance of a CO for the new facility.
Mr. Wilkerson seconded the motion which passed (4:3) with Commissioners
Michel, Gould and Cogan casting the dissenting votes.
The matter was to be heard by the Board on January 21, 1987.
Mr. Cogan expressed the Commission's appreciation to Mr. Bowerman for
his leadership during the past four years and presented him with a
gift.
There being no further business, the meeting adjourned at 9:55 p.m.
557
John Horne, Secretary
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