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HomeMy WebLinkAbout04 28 87 PC MinutesApril 28, 1987 The Albemarle County Planning Commission held a public hearing on Tuesday, April 28, 1987, Meeting Room 7, County Office Building, Charlottesville, VA. 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. Ronald Keeler, Chief of Planning; Mr. Patrick Ford, 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. Data Visible Corporation Site Plan - Proposal to locate a 51,000 square foot single level building (45,000 square feet office area) for the manufacture of paper and small sheet metal products. The use is to be served by 115 parking spaces. Acreage 4.1927. Zoned LI, Light Industrial. Property, described as Tax Map 77, Parcels 40J, 40K, and 40L (previously a portion of 40C) is located on the north side of Rt. 1'15 (Broadway St.rr.et), immediately east of its intersection with Franklin Street. Scottsville Magisterial District. Mr. Ford gave the staff report. Regarding the Certified Engineer's report, Mr. Ford reported that the report had been reviewed by the County Engineer (after the staff report was prepared) and "all items within the report are in compliance with the standards set forth in the Zoning Ordinance except in regards to the handling of hazardous or toxic materials and the method proposed to prevent a discharge from the spillage of such material." Mr. Ford added: "The Certified Engineer's Report shall be revised and an addendum to the report shall?5rovided for the County Engineer's review." Condition 1(j) was to be added to the suggested conditions of approval as follows: "County Engineer's approval of Certified Engineer's report." Staff recommended approval subject to conditions. The applicant was represented by Mr. Tom Brush and Mr. Pat Jensen, They offered no additional comments. There being no public comment, the matter was placed before the Commission. In response to Ms. Dihel's question as to how the PH level would be raised to "greater than 5", Mr. Jensen explained that it would be combined with other discharge and that no other treatment is planned at this time. Mr. Michel moved that the Data Visible Corporation 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. Planning staff approval of final plat combining Parcels 40J, and 40L and eliminating the existing forty (40) foot wide joint access easement to the site; 151 April 28, 1987 Page 2 b. Planning staff approval of technical items; C. Planning staff approval of landscape plan; d. Fire Official approval; e. Albemarle County Service Authority approval of a sewer lateral connection sketch for non-residential connections (commercial, industrial, institutional) and approval of final water and sewer plans; f. Virginia Department of Transportation issuance of a commercial entrance permit; g. County Engineering approval of grading and drainage plans and calculations; h. Issuance of an erosion control permit; i. County Engineering approval of stormwater detention design and calculations; j. County Engineer's approval of Certified Engineer's report. 2. A certificate of occupancy will not be issued until the following conditions have been met: a. Fire Official final approval; b. Albemarle County Service Authority final approval; C. Construction of all improvements directly related to health and safety such as, but not limited to, fire hydrants and safe and convenient access to public streets, as per Section 31.2.3 of the Zoning Ordinance. Mr. Bowerman seconded the motion which passed unanimously. ZTA-87-01 Inoperative Motor Vehicle - An ordinance to amend the Albemarle County Zoning Ordinance, Section 3.0, Definitions by the addition of a new definition of "inoperative motor vehicle;" and repealer of the current definition of "inoperable vehicle." The purpose of the amendment is to bring the County Code definition into agreement with the Code of Virginia definition. Mr. Keeler presented the amendment. The staff report gave the following explanation: "The Zoning Administrator and County Attorney's office have developed proposed zoning text amendments regarding inoperative motor vehicles. Enforcement of current regulations has been a problem consuming large amounts of staff time often with repeat violation or other un- satisfactory results. Note that the proposed amendments authorize the Zoning Administrator after due notice to cause removal of an inoperative motor vehicle without seeking other remedies, and to charge the property owner for costs incurred for removal and/or disposal." Mr. Payne explained that this amendment was "basically designed to accommodate a change in the statute." He added he was very much in favor of "tracking the statute as closely as possible" so there can be no question of the County's authority to enact the ordinance. He explained that the amendment consisted of three parts: (1) The addition of a new definition of "inoperative motor vehicle;" April 28, 1987 i Page 3 (2) Eliminates the definition of "inoperable vehicle;" (3) Expands the provisions of 4.13.2 which includes, among other things, (a) the inclusion of the RA district as one of the districts in which it is applicable; and (b) allows the Zoning Administrator to remove the vehicles himself. There being no public comment, the matter was placed before the Commission. In response to Mr. Bowerman's question, Mr. Payne confirmed that this amendment does not change the fact that inoperable motor vehicles are already not allowed in the rural areas. Mr. Bowerman moved that ZTA-87-01 to amend the Albemarle County Zoning Ordinance as it relates to Inoperative Motor Vehicles be recommended to the Board of Supervisors for approval as follows: ( 1 ) by the addition of a new definition of "inoperative motor vehicle," as follows: Inoperative Motor Vehicle:' Any motor' vehicle, trailer or semitrailer, as such are defined in Virginia Code Section 46.1-1, which is not in operating condition; or which for a period of sixty days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal. (2) by the repealer of the present definition of "inoperable vehicle"; and (3) by the amendment and reenactment of section 4.13.2, as follows: 4.13.2 LIMITATION ON PARKING/STORAGE &INOPERATIVE MOTOR VEHICLES No trre"r-e-b4-&-v-ehAe-1-c- inoperative motor vehicle shall be located oa in any agricultural or residential district, including the RA Rural Areas district, except within a fully enclosed building or structure or otherwise shielded or screened from view so-as-4.o--be- v-i-&-ibl-e- from a public road or adjoining property. Not more than two (2) such vehicles shall be located on any such lot regardless of location. 153 April 28, 1987 Page 4 4.13.2.1 The owner of any parcel in any such district shall remove from such property any such inoperative motor vehicle promptly upon the order of the zoning administrator to do so. within such reasonable time as may be prescribed in such order. 4.13.2.2 Any person who shall fail to comply with such order shall be deemed to be in violation of this section. -4.13.2.3 Whenever such owner has failed to remove any such inoperative motor vehicle, after reasonable notice, the zoning administrator shall have the authority to do so. In the event that the zoning administrator removes any such motor vehicle, after having given such reasonable notice.he shall dispose of the same after giving additional reasonable notice to the owner of the vehicle. Such additional notice shall be given to the last owner listed upon the records of the Virginia Department of Motor Vehicles. The cost of an such removal and disposal shall be charged to the owner of the premises and may be collected as taxes and levies are collected. Every such cost with which the owner of the premises has been assessed shall constitute a lien against the property from'which the vehicle was removed, the lien to continue until actual payment of such costs has been made to the county. Mr. Wilkerson seconded the motion which passed unanimously. ZTA-87-02 Amend 30.3 Flood Hazard Overlay District to Conform to Federal Requirements - The Albemarle County Planning Commission has adopted a resolution of intent to amend 30.3 Flood Hazard Overlay district to incorporate revisions to the National Flood Insurance Program Flood Plain Management criteria: (1) to define "start of construction.; (2) to require fully en- closed structures to be designed to allow automatic entry and exit of floodwaters to equalize hydrostatic flood forces; (3) and to require reasonable usage of any base flood elevation and floodway data available from a federal, state, or other source. Mr. Keeler gave the staff report and explained the purpose for the amendment was to maintain Albemarle County eligibility for National Flood Insurance Program. which requires that the County revise :its flood management regulations to conform to recent revisions in Federal regulations. The staff report explained the amendments would do the following: (1) Modify the definition of "start of construction" to eliminate incon- sistencies in treatment between pile and column structures and other /S April 28, 1987 Page 5 M types of foundations and to incorporate revisions regarding "manufactured homes." (Note: The Albemarle County Zoning Ordinance prohibits dwellings of all types including manufactured homes within the FH district, therefore, no ordinance changes regarding manufactured homes are necessary). (2) Meet the requirement that all localities make use of available flood data in development reviews -and would address the issue of fully enclosed buildings being designed to allow automatic entry and exit of floodwaters to equalize hydrostatic flood forces. There being no public comment, the matter was placed before the Commission. Mr. Gould moved that ZTA-87-02 to amend the Albemarle County Zoning Ordinance as it relates to the Flood Hazard Overlay district be recommended to the Board of Supervisors for approval as follows: (1) Amend 30.4.2.1 DEFINITIONS - GENERALLY to include definition of "start of construction" as follows: 30.3.2.1 DEFINITIONS --GENERALLY The flood hazard overlay district shall include all areas subject to inundation by the waters of the one hundred year flood. The source of this delineation shall be the flood insurance study for the County of Albemarle, Virginia, as prepared by the Federal Insurance Administration - Federal Emergency Management Agency, dated June 16, 1980. The flood hazard overlay district shall be comprised of three subdistricts as follows: a. Floodway (F1): That portion of the flood hazard overlay district required to carry and discharge the waters of the on hundred year flood without increasing the water surface elevation at any point more than one (1) foot above existing conditions, as demonstrated in the flood insurance study referenced above. /5S" April 28, 1987 Page 6 b. Floodway Fringe (F2): Those portions of land within the flood hazard overlay district subject to inundation by the one hundred year flood, lying beyond the floodway in areas where detailed study data a profiles are available. C. Approximated Flood Plain (F3): Those portions of land within the flood hazard overlay district subject to inundation by the one hundred year flood, where a detailed study has not been performed but where a one hundred year flood plain boundary has been approximated. d. Development for the purposes of this section only, shall mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. e. Substantial, improvement, for the purposes of this section only, shall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged, the market value before the damage occurred. For the purposes of this definition."substantial improvement" IWO is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National. Rogister of Historic Places or the Virginia Historic Landmarks Conunission. f. Start of construction for the purpose of this section only includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation ofp ip les,' the const. uction of columns, or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor. does it include the installation of streets and/or �� walkways; nor does it include excavation for a basement, footings, piers, or foundations or the /vr6o April 28, 1987 Page 7 erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (2) Amend 30.3.3.2 DEVELOPMENT PERMIT; BUILDING PERMIT; GRADING PERMIT as follows: 30.3.3.2 DEVELOPMENT PERMIT; BUILDING PERMIT; GRADING PERMIT In order to comply with the requirements of the regular program of the National Flood Insurance Program, no construction or other development shall be undertaken without prior issuance by the zoning administrator of a development permit. The purpose of such permit shall be to determine the effects of the proposed construction or development on the flood carrying capacity of the watercourse. No development permit shall be issued for any use, structure, activity, fill, new construction, substantial improvements or other development which in the opinion of the county engineer would result in any increase in flood levels during the occurrence of a one hundred year flood discharge. In making such determination, the county engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source and may request assistance from the Federal Insurance Administration, the United States Army Corps of Engineers and such other qualified agencies and perscns as he deems appropriate. Where buildings and structures and substantial improvements thereto are permitted under the terms of this section within any subdistrict of the flood hazard overlay district, the same shall be designed and/or modified to prevent flotation, collapse or lateral movement as a result of flooding and shall be constructed only in accordance with the requirements of the Virginia Uniform Statewide Building Code for potential hazards. In addition, materials and utility equipment employed in such construction shall be resistant to flood damage. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A /s �c April 28, 1987 Prxge 8 minimum of subject to flo openings shall openings may oe coverings or dev entry and exit o total ncn zor every square ng shall be provided. no higher than one f Quipped with screens, ces provided that the floodwaters. net area of not less oot of enclosed area The bottom of all of above grade. louvers, or other hermit the automatic For purposes of the regular program, the zoning administrator, at time of issuance of a building permit for new construction, shall make and maintain record of: the one hundred year flood elevation on the lot or parcel on which the building or structure is to be located; the elevation of the lowest floor of such building or structure, including basement or cellar; and where flood proofing of the building or structure is proposed, the elevation of the finished flood proofing. No building permit, including special footings and foundation permits, or grading permit, shall be issued within any subdistrict of the flood hazard overlay district until the application for such permit has demonstrated to the reasonable satisfaction of the zoning administrator that all necessary permits and/or other approvals have been received from those governmental agencies from which approval is required by Federal Water Pollution Control Acts Amendments of 1972, 33 U. S. C. 1334. Mr. Stark seconded the motion which passed unanimously. There being no further business, the meeting adjourned at 8:00 p.m. John Lorne, Secretary R isp'