HomeMy WebLinkAbout04 07 87 PC MinutesApril 7, 1987
The Albemarle County Planning Commission held a public hearing on Tuesday,
April 7, 1987, Meeting Room 7, County Office Building, Charlottesville,
Virginia. Those members present were: Mr. Richard Cogan, Chairman;
Mr. Richard Gould, Vice Chairman; Mr. Harry Wilkerson; Mr. David Bowerman;
Ms. Norma Diehl; 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. David Benish, Planner; and Mr.
Frederick Payne, Deputy County Attorney.
The Chairman called the meeting to order at 7:30 p.m. and established
that a quorum was present. The minutes of March 24, 1987 were approved
as submitted.
Earlysville Forest Commercial Area Final Plat - Proposal to create 4
lots from a +3.7 acre parcel for an average lot size of .93 acres. The
lots will be served by an internal :road which intersects with Rt. 743 and
Earlysville Forest Drive. The property is located on the northeast side
of the intersection of Rt. 743 and Earlysville Forest Drive. Tax Map
31B, Parcel C. Zoned PUD, Planned Unit Development. Rivanna Magisterial
District.
Mr. Benish gave the staff report. Staff recommended approval subject to
conditions.
The applicant was represented by Mr. Gilliam who offered no additional
comments.
There being no public comment, the matter was placed before the Commission.
Mr. Gould moved that the Earlysville Forest Commercial Area Final Plat
be approved subject to the following; conditions:
1. The final plat will not be signed until the following comditions
have been met:
a. Virginia Department of Transportation approval of commercial
entrances;
b. County Attorney approval of private road maintenance agreement;
C. Staff approval of technical items.
2. All lots to access directly onto internal road only. Direct access to
Rt. 743 and Earlysville Forest Drive shall be prohibited.
3. Waiver of Section 18-36(d) of the Subdivision Ordinance to allow private
road to intersect public road in more than one location.
Mr. Michel seconded the motion which passed unanimously.
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SP-87-15 Camp Holiday Trails - Request in accordance with Section 30.3.6.1 of
the Zoning Ordinance to allow for the issuance of a special use permit to
allow fill in the floodway fringe of Moore's Creek. Property, described as
Tax Map 75, Parcels 47C and 47C1 is located at the end of state maintenance
for State Route 702. Samuel Miller Magisterial District.
The applicant had requested deferral to April 21, 1987.
Mr. Bowerman moved, seconded by Mr. Wilkerson, that the applicant's request
for deferral to April 21, 1987 be approved. The motion passed unanimously.
SP-87-17 Liberty Baptist Church - Request in accordance with Section
10.2.2.7 and 5.1.6 of the Zoning Ordinance to allow for the issuance of a
special use permit to allow for a pre-school to be located in the basement
of Liberty Baptist Church. Property, described as Tax Map 63, Parcel 31
is located on the east side of Rt. 20 approximately 1/4 mile north of its
intersection with Rt. 610. Rivanna Magisterial District.
Mr. Benish gave the staff report. Staff recommended approval subject to
conditions.
It was determined staff would verify that the traffic circulation and
parking on the site are acceptable and this could be accomplished without
a site plan.
The Chairman invited applicant comment.
Ms. Carol Hill, a co -director of the pre-school, addressed the Commission.
She asked if it was possible to be allowed a one-year "grace" period
in which to comply with Highway Department requirements. The Chairman
explained that since this proposal is for a change in use and requires
a special permit, it makes this the appropriate time for the Highway
Department to require improvements to the entrance.
Mr. Lindsey Sadler, also representing the applicant, addressed the
Commission. He asked if the fact that the pre-school is a part of the
church ministry made any difference. He wondered why the entrance
must be improved now since traffic volumes will be no greater at any
one time than they have been in the past. The Chairman explained that
had the use of the church not changed, i.e. had this new use not been
added which requires a special permit, then existing conditions would
have been allowed to remain. However, the current request requires
that the applicant now meet current standards.
There being no public comment, the matter was placed before the Commission.
Mr. Benish confirmed he felt staff had adequate control over the traffic
issue.
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Referring to the Highway Department's letter of March 18, Mr. Bowerman
asked Mr. Payne if approval of the application with staff's suggested
condition No. 2 (Virginia Department of Transportation approval of
commercial entrance in accordance with letter dated March 18, 1987.)
would "mandate" what the Highway Department was recommending.
Mr. Payne responded affirmatively.
Mr. Gould moved that SP-87-17 for Liberty Baptist Church be recommended
to the Board of Supervisors for approval subject to the following
conditions:
1. Health Department approval.
2. Virginia Department of Transportation approval of commercial entrance
in accordance with letter dated March 18, 1987.
3. Fire Official approval.
4. Enrollment to be limited to no more than 12 children per day, 3 hours
per day, 3 days per week, with expansion to not more than 20 children a
day with Health Department approval.
5. Compliance with Section 5.1.6 of the Zoning Ordinance, with the waiver of
Section 5.1.6(a).
6. This Special Use Permit is issued to the applicant and is non-transferrable.
7. Waiver of site plan; planning staff to verify adequacy of site design
for proposed use.
Mr. Wilkerson seconded the motion which was unanimously approved.
The matter was to be heard by the Board of Supervisors on April 15, 1987.
SP-86-90 Colonnade Associates Ltd. - Request in accordance with Section
24.2.2 of the Zoning Ordinance to allow for the issuance of a special use
permit to allow for the construction of a drive-in branch bank 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. Staff recommended approval subject to
conditions.
Referring to a recent application which had proposed a one-way traffic pattern,
Mr. Cogan recalled the Commission had discussed this issue at length and the
fact that the Ordinance states that one-way traffic designs are to be
"generally discouraged."
However, Mr. Keeler stated that in this particular case, this type of use
dictates a one-way traffic pattern. He added that this was not the same
type of confusing situation as had been the case in the application referred
to by Mr. Cogan.
April 7, 1987
Page 4
Mr. Payne added that this is an example of why the Ordinance is worded
the way it is, i.e. why it uses the words "generally discouraged."
He stated that this particular use requires that the automobile be
able to approach on the left side so the driver has access to the window.
He added that in this particular situation it would be "illogical" to
have two-way circulation.
The Chairman invited applicant comment.
The applicant was represented by Mr. Wyant. He offered little additional
comment except to state that the applicant had addressed the concerns
of staff. He also stated there are no current plans for development on
the "other" lot.
There being no public comment, the matter was placed before the Commission.
Mr. Stark moved that SP-86-90 for Colonnade Associates Ltd. be recommended
to the Board of Supervisors of approval subject to the following
conditions and including administrative approval of the site plan:
1. Development limited to 1,550 square foot building area and 4 ATM lanes
(one lane may be deleted if bypass lane is required).
2. Right-of-way reservation line to be established at 45 feet from center-
line of Rt. 250W. Setbacks to be measured from reservation line.
Mr. Bowerman seconded the motion which passed unanimously.
SP-87-8 Vernon Baker - Request in accordance with Section 10.2.2(10) of
the Zoning Ordinance to allow for the issuance of a special use permit to
allow for the construction of a radio station on a vacant 22.332 acre parcel,
zoned RA, Rural Areas. Property, described as Tax Map 20, Parcel 3(c)3 is
located on the east side of State Rt. 743, north of Advance Mills near the
Greene County Line. Rivanna Magisterial District.
Mr. Keeler gave the staff report. Mr. Keeler supplemented the staff report
with additional information, including the following:
--"The application was taken under Section 10.2.2.6. We have reviewed
16 or so applications for radio towers. This was the first application
that included a broadcast office as part of the proposal." Mr.
Keeler explained that the applicant is proposing to locate both the
broadcast office and equipment building in Greene County though
he has also shown alternative sites for these buildings in Albemarle
County. Mr. Keeler stated staff's conditions of approval would give
the applicant the opportunity to locate those structures in Albemarle
County. However, Mr. Keeler stated that after discussing this matter
with the County Attorney and the Zoning Administrator, it was
the collective opinion of the County staff that the Ordinance does
not clearly authorize a broadcast office and the character of the
uses described in Section 10.2.2.6 are primarily equipment -type uses.
He suggesded that the Commission might wish to keep this in mind.
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April 7, 1987 Page 5
Staff recommended approval of the application subject to conditions, noting
�411,r that unless the Commission should determine that a broadcast office is
permitted under the Ordinance, condition No. 1 would be amended to
delete the words broadcast office not to exceed 1600 square feet in floor
area.
The Chairman invited applicant comment.
Mr. Vernon Baker addressed the Commission. His comments included the
following:
--He felt he could meet the staff's concerns about setback distances
by rearranging the towers somewhat.
--He felt this was a "passive" use as compared to what could be done
on the property by right, such as sawmills, sewage treatment plants,
and subdivisions.
--The station will operate only from sunrise to sundown.
--He currently owns similar stations in Newport News and on the
Eastern Shore.
--Laws of physics dictate where towers must be located. He explained
that if the towers were moved even as little as "1/10 of a mile" they
would interfere with a station in Louisville, KY and one on Maryland's
Eastern Shore.
--The station would have an effective broadcast area of approximately
80 miles.
The Chairman invited comment from Mr. Michael Boggs, Director of Aviation
for the Charlottesville/Albemarle Airport Authority. Mr. Boggs addressed
the Commission. He explained that the evaluation made by the FAA for issuance
of this permit took into consideration only existing conditions at the
airport and did not take into account future growth of the airport or the
possibility of different approaches. His comments focused on how this
proposal would effect a northern approach to the airport. (He explained
that currently the only instrument approach is from the south, over the
City.) He explained that the proposed tower locations would effect
aircraft operations during inclement weather if another northern approach
to the airport were installed. Mr. Boggs felt the possibility of such
an additional approach was a "very real possibility within the next five
years." Using a drawing Mr. Boggs explained out the proposed towers could
create a real safety hazard for aircraft approaching from the north during
inclement weather since they would effect the minimum altitude at which the
aircraft would have to operate.
The Chairman invited public comment.
Approximately 50 persons from the Advance Mills Community were present at
the meeting and made known their opposition to the proposal by standing
when asked to do so by Mr. Robert MacDonald, one of their representatives.
The following persons addressed the Commission to express their
opposition to the proposal: Mr. Robert MacDonald; Mr. James B. Kiracofe;
Mr. Allen Ripley; Mr. Robert Jenkins; Mr. Ronald Pace; Mr. Carl Grant; Mr.
Tony Townsend; Ms. Virginia Greenwood; Mr. Robert Carter; Ms. Carter Bass;
and Ms. Shelia Carson. Their reasons for opposition included the following:
--Devaluation of property;
--Visual pollution;
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April 7, 1987 Page 6
--Radio and television interference;
--Aviation hazard;
--Biological radiation effects;
--Questionable benefit to Albemarle County.
There being no further public comment, the matter was placed before the
Commission.
The Commission indicated concern about: devaluation of property
as expressed by the public; safety concerns in relation to the future
expansion of the airport; the possibility of the towers not collapsing
as intended in the event of structure failure.
Mr. Keeler noted that the staff report had not reflected the airport
issue because information had not been available at the time the report
was written.
Mr. Wilkerson moved that SP-87-8 for Vernon. Baker be recommended to the
Board of Supervisors for denial for the following reasons:
--Towers will create a safety hazard in. the event of future expansion
of the airport;
--Proposal does not meet the criteria for issuance of a special
permit;
--Would substantially change the character of the area.
Mr. Stark seconded the motion for denial which passed unanimously.
Miscellaneous
Mr. Cogan called the Commission's attention to a proposal by Mr. Henderson
Heyward wYo wants to put a large portion of land to the south
of the Bel Air Subdivision into a perpetual open space esaement. He
noted that this would take a considerable amount of land out of the
urban area. Mr. Horne added that staff had been asked to analyze the
proposal to determine how much land will be lost to development.
Mr. Cogan asked the Commission to study this proposal and stated he
would report back to the Commission after he has meet with the
Chairman of the Board of Supervisors, the Piedmont Environmental
Council representatives, etc. about this proposal. Mr. Payne
commented: "When you have a public agency that is accepting a dedication, it
is required by statue that that agency consult with the County. ...Both
agencies need to consider the plans of the other and consult with respect
to this." Mr. Payne added, "It's important to note that when you are
dealing with a public agency, the landowner does not necessarily have the
last say."
There being no further business, the meeting adjourned at 9:15 p.m.
John Horne, Secretary
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