HomeMy WebLinkAbout11 05 87 PC MinutesNovember 5, 1987
The Albemarle County Planning Commission held a public hearing on Thursday,
November 5, 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; Mr.
Peter Stark; and Mr. Tim Michel. Other officials present were: Mr. Ronald
Keeler, Chief of Planning; Ms. Laura Hill, Planner; and Mr. George St. John,
County Attorney. Absent: Commissioner Diehl.
The Chairman called the meeting to order at 7:30 p.m. and established that
a quorum was present. The minutes of October 20, 1987 were approved as
submitted.
SP-87-86 Landre International Limited - Request in accordance with Section
27.2.2 of the Zoning Ordinance to allow for a special use permit to allow
warehouse facilities to be located on a vacant 2.05874 acre parcel zoned LI,
Light Industrial. Property, described as Tax Map 77, Parcel 40M (part of)
is located on the south side of Broadway Street approximately 500' from its
intersection with Franklin Street. Scottsville Magisterial District.
Ms. Hill gave the staff report. Staff recommended approval.
The applicant was represented by Mr. Ed Amato. Mr. Amato offered no additional
comment.
There being no public comment, the matter was placed before the Commission.
Mr. Michel stated he had no objection to the proposal and moved that SP-87-86
for Landre International Limited be recommended to the Board of Supervisors
for approval subject to the following condition:
1. The Zoning Administrator will refer requests for certificate of occupancy
to the County Engineer to determine if an Engineer Report is required
when any certificate of occupancy for storage of any chemicals or hazardous
materials is requested, pursuant to Section 4.14 of the County Zoning
Ordinance.
Messrs. Wilkerson and Bowerman seconded the motion which passed unanimously.
The matter was scheduled for Board hearing on November 18, 1987.
SP-87-87 Ed Amato - Request in accordance with Section 27.2.2 of the Zoning
Ordinance to allow a special use permit for warehouse facilities to be located
on a vacant two -acre parcel zoned LI, Light Industrial. Property, described
as Tax Map 77, Parcel 40P (part of) is located on the south side of Broadway
Street in the Woolen Mills area. Scottsville Magisterial District.
Staff explained that the applicant was requesting withdrawal of this petition.
It was determined there was no public comment on the application.
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Mr. Wilkerson moved that the applicant's request for withdrawal be approved.
Mr. Michel seconded the motion which passed unanimously.
ZMA-87-13 Robert O'Neil - Request in accordance with Section 33.2.1 of the
Zoning Ordinance to rezone the rear portion, approximately .86 acres from
C-1, Commercial to HC, Highway Commercial. Property, described as Tax
Map 45, Parcels 101A (part of) and 102, is located on the northeast side of
Rio Road approximately 800' west of the intersection with Rt. 29. Charlottes-
ville Magisterial District.
Mr. Keeler gave the staff report which included the following:
"During discussion of this petition, transportation issues were
identified as the main issue of public concern. The applicant has
responded by offering proffers as to traffic generation (by land use)
and access: (1) All properties zoned HC (3.7 acres) would be limited in
usage to self -storage warehouse facilities. ... Self -storage warehousing
is a very low traffic generator as compared to other commercial uses;
and (2) Access to this property from Route 29 North is complicated by
existing access to the Wonder Bread site. The applicant has
obtained agreement with Wonder Bread to reconstruct and establish joint
access facilities in accordance with a design developed by the Virginia
Department of Transportation in 1978."
The staff report pointed out: "Based on information submitted by the appli-
cant and compared to an estimate provided by a local self -storage business,
a 50,000 square foot storage facility would generate about 60 vehicle
trips per day. Therefore, development of this site with a self -storage
facility would represent a substantial reduction in traffic generation as
compared to other Highway Commercial uses...."
The report concluded: "Staff opinion is that the applicant's proffer adequately
reflects the public interest. Staff recommends approval."
Mr. Keeler noted a letter of opposition had been received from Guarantee
Savings and Loan. Mr. Cogan also called the Commission's attention to
a petition of opposition which contained approximately 47 signatures
from surrounding properties. (Staff was unaware of the existence of
this petition.)
Mr. Bowerman asked Mr. Keeler to review scheduled improvements for Rio
Road, from Rt. 29 to the Rock Store. Mr. Keeler stated it was his understand-
ing this project had been dropped from the Six -Year Plan. Mr. Bowerman
asked if any improvements at all were planned :for this section of Rio Road.
Mr. Keeler responded negatively.
The Chairman invited applicant comment.
Mr. Bob O'Neil addressed the Commission. He described the type of structure
that would be built and presented photographs of the proposed facility. He
explained that access would be controlled by a computerized gate. He
explained that he was only requesting that the rear portions of parcels
101A and 102 be rezoned to HC. He pointed out that adjoining parcel 105 is
already zoned HC. He stated the reason for requesting the rezoning
for part of 101A and 102 is to "square up" parcel 105 so that buildings
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November 5, 1987
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can be placed on the property, and also so that "we can build approximately
50,000 square feet ... so that we can have the economies of scale to run
*'r'' a professional operation that can justify on -site management, etc."
He stressed that this is a clean, quiet, low -traffic business which will
not impact Rio Road.
In response to Mr. Michelh question, Mr. O'Neil stated he expects to
build 475 - 500 storage units ranging in size from 5' x 5' to 10' x 30',
with an average of 100 square feet per unit.
Mr. O'Neil stated he was aware that the crossover serving this property on
Rt. 29 might eventually be closed. He did not feel that would create
a problem.
Since Mr. O'Neil had indicated that Leggetts was a tenant in his Fredricksburg
facility, Mr. Keeler read the following definition of "light warehousing"
from the Ordinance, so that the applicant would be fully aware of the meaning
of the term in Albemarle County ordinances:
"Light warehousing: Storage establishments designed to accommodate
primarily individual households; not intended for use by heavy commercial
users and not involving frequent heavy trucking."
He pointed out that the Ordinance distinguishes between "warehousing",
which is allowed in the Light Industrial zone, and "light warehousing",
which is for storage of household -type items, and is allowed in the Highway
Commercial zone.
Mr. O'Neil stated he would have no trouble conforming to that definition.
There being no public comment, the matter was placed before the Commission.
Mr. Cogan stated he did not feel this use was "conducive" with existing uses
in this area and did not meet the intention of commercial activity.
However, he felt it would cut down on traffic count and he noted that a
large portion of the property is zoned HC already. He stated his main concern
is the fact that there is only so much land designated as Commercial and
if this land is taken out of that designation then the commercial development
will have to take place in some other area.
There was a brief discussion about the topography of the property and whether
or not the facility would be visible. It was felt the facility would be
visible from Rt. 29, but how visible was uncertain.
Mr. Keeler pointed out that the sketches presented by Mr. O'Neil were
not part of the proffer, nor were building designs.
Mr. Gould stated he agreed with Mr. Cogan that this was not the best use
for the property. He stated he could not support the proposal.
Mr. Bowerman indicated he agreed with Commissioners Cogan and Gould.
However, he also pointed out that there might be some "trade-offs"
between the lower traffic use of the proposed use vs. reducing some
of the balance of the parcel that is being rezoned to actually a
less -intensive use because the size would be smaller."
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Mr. Stark pointed out that there currently exist two almost identical
facilities within 1/4 mile of this property. He felt this would be
an 'over -kill" of this type of business in this area.
Mr. Cogan pointed out that the though the potential reduction in traffic
might be an acceptable trade-off, the petition of objection from surrounding
property owners must also be given consideration.
Mr. Michel agreed and felt that the petition was a stronger argument than
the traffic count issue.
Mr. Wilkerson, who noted that his place of business is directly across from
this property, stated that he was not in favor of the proposal.
Mr. Bowerman moved that ZMA-87-13 for Robert O'Neil be recommended to the
Board of Supervisors for denial.
Mr. Stark seconded the motion which passed unanimously.
The matter was to be heard by the Board on November 18, 1987.
ZMA-87-14 Charles Hurt - Request in accordance with Section 33.2.1 of the
Zoning Ordinance to rezone 1.496 acres from CO, Commercial Office to C-1,
Commercial. Property, described as Tax Map 61, Parcel 153A is located on the
west side of Rio Road immediately adjacent to the Southern Railroad tracks.
Rivanna Magisterial District.
Mr. Keeler gave the staff report. A primary issue of this proposal
was that of being able to obtain adequate sight distance. The report
stated:
"Sight distance is restricted to the west by the railroad overpass
bridge. The Virginia Department of Transportation in a prior site plan
review stated that a commercial entrance permit would not be issued
unless adequate sight distance could be obtained. The applicant has
unsuccessfully attempted to obtain access easement across the
adjoining church property.
Staff does not support a rezoning under which development cannot occur.
Adequate sight distance is a basic safety concern. Only 150 feet of sight
distance exists to the west while 350 feet is required. Correction of
this problem would involve reconstruction of the railroad bridge. In
addition, a right turn lane into the property would be less than 50
feet in length. Staff recommends disapproval of this rezoning petition
based on public safety."
The Chairman invited applicant comment.
Ms. Virginia Gardner, representing the applicant, addressed the Commission.
She stated she had not been aware of the sight distance issue when she first
became aware of the property. She confirmed that the church was not willing
to grant her client an access easement. She indicated that after receiving
the staff report, her client was not interested in creating an unsafe
situation. Ms. Gardner asked if her understanding was correct that
if the property were purchased for a residential use, the Highway Department
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would have to grant an entrance permit for a residential use. Mr. Keeler
responded that it was his understanding that the Highway Department
has to grant access to a public road, but they do not have to grant a
commercial entrance. He further explained that a residential use with
three or more units requires a commercial entrance permit. He stressed
that he was not speaking for the Highway Department, but it was his
understanding that two dwellings could be located on the property.
Mr. Cogan advised Ms. Gardner to consult with the Virginia Department of
Highways and Transportation for a more definitive answer to her question.
Ms. Gardner then asked if there was any legal way to gain access to
residential property if the only available access was unsafe, e.g.
could access be forced through another property?
Ms. Gardner was again advised to consult with the Highway Department.
The Chairman invited public comment.
Mr. James Johnson, Pastor of First Assembly of God Church, stated he
was in attendance because the church is very interested in what happens
to this piece of property.
There being no further public comment, the matter was placed before the
Commission.
Mr. Stark stated that due to the access issue, there was no choice but
for the Commission to deny the application.
Mr. Cogan stated that before a rezoning could be considered there would
have to be some evidence that a commercial entrance was possible for
the property, which is not the case at this time.
Mr. Michel moved that ZMA-87-14 for Charles Hurt be recommended to the
Board of Supervisors for denial based on the staff report and the issue of
safe access.
Mr. Wilkerson seconded the motion which passed unanimously.
The matter was scheduled for Board review on November 18, 1987.
Ednam Forest Site Plan Extension Request - The applicant is requesting a
six (6) month extension of approval for the plan to be valid until May 5, 1988.
Ms. Hill presented the staff report. The report stated:
"Presently the applicant is requesting a six-month extension of
approval for the plan to be valid until May 5, 1988. The applicant's
architects and engineers are studying the possibility of joining more
than three cottages, as shown on the approved site plan. The multiple
unit concept is being proposed so as to maximize the appearance of open
space. No basic change is anticipated other than joining the units.
An initial study performed by the applicant supports this concept, and
the extension is requested in order that the study can be completed."
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Staff recommended approval of the request for extension.
Mr. Michel moved that a six-month extension be granted, to be valid until V
May 5, 1988, for the Ednam Forest Site Plan.
Mr. Bowerman seconded the motion which passed unanimously.
County Scenic Road Ordinance - Mr. Cogan called the Commission's attention
to the fact that Garth Road is being considered for designation as a County
Scenic Highway. He stated he had received letters of concern from residents
on that road who fear that such designation would limit their rights to
make additions to their dwellings. He suggested that since revisions to the
County Scenic Highway Ordinance are currently being considered which address
this issue, it might be desirable to deal with the ordinance revisions
before deciding on the road designation.
Mr. Keeler suggested that it would be possible to deal with both issues
concurrently with any recommendations to the Board being conditioned on
the Board's action on ordinance revisions.
There being no further business, the meeting adjourned at 8:35 p.m.
DS
John Horne, Secretary
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