HomeMy WebLinkAbout09 15 1998 PC Minutes9-15-98
SEPTEMBER 15, 1998
The Albemarle County Planning Commission held a public hearing on Tuesday,
September 15, 1998, in the County Office Building, Charlottesville, Virginia. Those
members present were: Mr. Jared Loewenstein, Chairman; Mr. Rodney Thomas; Ms.
Hilda Lee -Washington, Vice Chairman; Mr. William Finley; and Mr. Will Rieley. Other
officials present were: Mr. Ron Keeler, Chief of Planning; and Mr. Greg Kamptner,
Assistant County Attorney. Absent: Commissioners Nitchmann and Rooker.
A quorum was confirmed and the meeting was called to order at 7:00 p.m. The
September 1, 1998, minutes were unanimously approved as amended.
Mr. Keeler summarized actions taken at the September 9, 1998, Board of Supervisors
meeting.
SP 98-34 Cismont Market & Deli - Petition to install a gas pump canopy at an existing
country store (Cismont Market and Deli) on approximately 7 acres zoned RA, Rural
Areas, in accord with section 10.2.2.22 of the Zoning Ordinance. The existing country
store predates the requirement for a Special Use Permit. In order to expand the use
(canopy) a Special Use Permit is required. The property, described as Tax Map 65,
Parcel 12C, is located at the intersection of Route 22 and Route 231 in the Rivanna
Magisterial District. The site is located in the Rural Area (not within a designated
Development Area). Deferred from the August 18, 1998 Planning commission
Meeting.
This item is to be indefinitely deferred due to denial of variance by the Board of
Zoning Appeals.
MOTION: Ms. Washington moved, Mr. Rieley seconded, that SP 98-34 be indefinitely
deferred. The motion passed unanimously.
SP 98-44 WQMZ - Proposal to replace an existing 300 foot radio tower with a 500-foot
tower. The 8.9 acre parcel, described as Tax Map 61, Parcel 192, is located on the
corner of Rio Road and Melbourne Road. It is located in Neighborhood 2 of the Land
Use Plan and is designated for Neighborhood Service uses. It is zoned C-1,
Commercial and is located in the Rivanna Magisterial District.
This item is to be deferred to be heard in conjunction with a second Special Permit
request for activity in the floodplain.
MOTION: Ms. Washington moved, Mr. Thomas seconded, that SP 98-44 be
indefinitely deferred. The motion passed unanimously.
(5? Y�
9-15-98
2
SP 98-42 Michie Tavern Motor Coach Parking - Request for a special use permit to
allow off -site parking in accordance with Section 5.1.38 of the Zoning Ordinance on
0.848 acres of land located approximately 400 feet from Route 53 on Michie Tavern
Lane. The property, described as Tax Map 77, Parcel 26E, is located in the
Scottsville Magisterial District. It is zoned RA Rural Area and is shown as a rural area
in the Comprehensive Plan.
The applicant was requesting deferral of this item to September 22, 1998.
Public comment was invited. None was offered.
MOTION: Mr. Finley moved, Mr. Thomas seconded, that SP 98-42 be deferred to
September 22, 1998. The motion passed unanimously.
MISCELLANEOUS
Mr. Kamptner gave a brief update of litigation that is taking place nationwide related to
the wireless communication industry, particularly the case of AT&T Wireless vs. the
City of Virginia Beach. The U.S. Court of Appeals (Fourth Circuit) overturned the
District Court's decision and ruled overwhelmingly in favor of the City of Virginia
Beach. The most important aspect of the case was "what constitutes substantial
evidence." He said he would prepare a written summary for the Commission's
information.
Commissioners Loewenstein and Thomas reported briefly on the First Annual Regional
Planning Summit which they attended.
Mr. Finley said he will be absent from the September 22nd meeting.
Mr. Loewenstein asked Mr. Keeler to provide a copy of a letter he received from Mr.
Carswell to all Commissioners.
There being no further business, the meeting adjourned at 7:20 p.m.
V. Wayne 00imberg
, ecre a
'41'9