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HomeMy WebLinkAbout05 15 84 PC MinutesMay 15, 1984 The Albemarle County Planning Commission held a public hearing on Tuesday, May 15, 1984, Meeting Room 5/6, County Office Building, Charlottesville, Virginia. Those members present were: Mr. David Bowerman, Chairman; Mr. Richard Gould; Mr. Harry Wilkerson; Mr. Tim. Michel; Mr. Jim Skove; Ms. Norma Diehl; and Mr. Richard Cogan, Vice Chairman. Other officials present were: Mr. Ronald Keeler, Chief of Planning; Ms. Mary Joy Scala, Planner; Mr. Fred Payne, Deputy County Attorney; and Ms. Pat Cooke, Ex-Officio. The Chairman called the meeting to order at 7:30 p.m. and established that a quorum was present. The minutes of September 21, 1982, September 28, 1982, and October 26, 1982, were approved as submitted. Paul Grady Preliminary Plat - Located south side of Rt. 250 West, about two miles east of Ivy. Proposal to add 1.02 acres to adjacent parcel, leaving 4.0 acres residue. Tax Map 59, Parcel 15, zoned Rural Areas, Samual Miller District. Ms. Scala gave the staff report. The report concluded: "Staff recommends approval of the plat with the existing private entrance serving two dwellings only. Staff recommends administrative approval of the final plat and Planning Commission approval of the waiver of frontage request. ..." Ms. Scala clarified that Mr. Grady did not object to the 150' scenic highway setback, but he was objecting to the requirement to reserve additional right-of-way. The Chairman invited applicant comment. Mr. Paul Grady addressed the Commission. Re objected to the Highway Department's recommendation that the entrance be upgraded to a commercial entrance because the trailer currently located on the 1.02 acres uuuld be removed in three months. He explained that adjacent property owners (the Elders) were planning to build a driveway across their property to connect to his. He stated the Elders would not be willing to accept the 20-foot reservation because it could result in everyone on this side of the road being forced to do the same. He explained that if the waiver could not be approved, he would prefer that the matter be deferred. The Chairman invited public comment. There being none, the matter was placed before the Commission. Mr. Grady gave a brief history of the property. It was determined if the Commission agreed with staff's position on the private entrance, no action was necessary and the entrance would remain as is. !� May 15, 1984 Page 2 Ms. Diehl moved that the Paul Grady Preliminary Plat be approved subject to the following condition, and with administrative approval of the final plat: 1. The final plat will not be signed until the following condition has been met: a. Staff approval of technical requirements including 100' septic setback and 150' scenic highway setback. Ms. Diehl confirmed that her motion also included approval of the applicant's request for a waiver from frontage requirement. Mr. Michel seconded the motion. Discussion: Mr. Skove stated he would vote for the motion with reservations. He was concerned that it seemed "we are giving precedence to historic preservation over the Highway Department policy." Mr. Bowerman stated he did not share this concern because the County does not arbitrarily take land without some plans for future improvements, which is not the case in this instance. The motion for approval passed unanimously. Carrsbrook Final Plat - (Lots 3, 4, 5, 6 on proposed Gloucester Court) - Located on northern side of Route 1424,. Gloucester Road in Carrsbrook Subdivision. Proposal to divide four lots ranging in size from 40,000 to 66,742 square feet. Tax Map 45B(2), Parcel 2-1, zoned R-1 Residential, Charlottesville District. Deferred from April 17, 1984. Ms. Scala gave the staff report. The report included the.following: "Staff's main concern is the steepness of the lots. Profiles have been submitted for each lot. The C.ounty Engineer has reviewed the profiles and has found the information insufficient to approve building sites. See attached comments dated May 8, 1984. The County Engineer has said that every lot is probably buildable but the site work may be expensive." The applicant was represented by fir. Buddy Edwards. He felt the developer would have no problems with the conditions of approval. He did not feel there would be any problem in locating building sites on the lots. Mr. Jim Hill also addressed the Commission. He stated the applicant is presently "building on lots in the subdivision that are worse than these." There being no public comment, the matter was placed before the Commission. 14� May 15, 1984 Page 3 Ms. Diehl stated she could not possibly vote for approval given the steepness of the slopes and the soils report, at least not until the County Engineer has more information and has determined that there is a buildable site on. each lot. She added that she was also concerned about "third party possibilities." Mr. Cogan indicated he was in favor of receiving comment from the County Engineer. He asked particularly whether it was going to be possible, given the small buildable area, to still keep the houses 100 feet apart as recommended by the Fire Official. He agreed that more information was needed. It was determined comments from the County Engineer on three issues was desirable: (1) Erosion; (2) Approvable building sites; and (3) Will proposed building sites allow 100 foot separation? Mr. Edwards stressed that he did not feel there would be any problems with buildings sites or with the required separation. He felt the County had the mechanisms to deal with all the concerns of the Commission. Mr. Cogan again stated he agreed with staff that there was not sufficient information to act on the proposal at this time. Mr. Hill pointed out that the lots had already been approved by the Commission, though they had not been put to record because they wouldn't perk. He stated that water and sewer are now being added to the lots to make them buildable. Ms. Diehl moved that the Carrsbrook Final Plat be indefinitely deferred in order to allow time for more information from the County Engineer. Mr. Michel seconded the motion which passed unanimously. SP-84-21 Ray D. Trainum - Request in accordance with Section 5.6.1 to locate a single -wide mobile home on ±3 acres zoned Rural Areas, Tax Map 63, Parcel 9, Rivanna District. Located -on an access easement, east of Route 621, about 600 feet southeast of Route 20 North. Mr. Keeler gave the staff report. The Chairman invited applicant comment.. Mrs. Trainum addressed the Commission. She explained how the mobile home would be placed on the site. She stressed that the site was very wooded and presented photographs of the site. The Chairman invited public comment. The following persons expressed their opposition to the proposal: Mr. Donald Hall; Ms. Kathy Hall; Mr. Edward Seiler; Mr. Charles Hall. Their primary reason was the feeling that the mobile home would devalue their property. The following persons expressed their support of the proposal: Mrs. Carpenter; Mrs. H.W. Pace; Mrs. Barnett; and Mrs. Paula Sprouse (the applicant's dauther and proposed occupant of the mobile home in question). 6r- May 15, 1984 Page .4 There being no further public comment, the matter was placed before the Commission. There was a brief discussion about the status of the road serving the property, i.e. was it private or public and how many lots did it serve. Mr. Payne determined that it was a private road, but it was not clear how many lots were served. 'sir. Keeler stated that, to his knowledge, there was no maintenance agreement for the road. Mr. Gould noted that he had visited the -site and felt the applicants had taken every possible step to locate the trailer in such a way that it would not be objectionable to surrounding property. Mr. Gould moved that SP-84-21 for Ray D. Trainum 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 to the reasonable satisfaction of the Zoning Administrator so as to minimize visibility from adjoining residences, and said location and/or screening to be maintained for duration of special use permit. (Note: The last part of this condition was added by Mr. Cogan and agreed to by fir. Gould.) Ms. Diehl seconded the motion which passed unanimously. ADOPTION OF BY-LAWS It was determined the Commission had no changes to the newly proposed by-laws. Mr. Skove moved that the existing by-laws be suspended for the purpose of adopting new by-laws. Diehl seconded the motion which passed unanimously. Mr. Wilkerson moved that the .new by-laws be adopted as follows: BE IT RESOLVED by the Albemarle County Planning Commission that the attached Rules of Procedure be, and they hereby are, adoptedas the Rules of Procedure for the Albemarle County Planning Commission; And be it further RESOLVED that the Rules of Procedure adopted March .1, 1977, and the "By -Laws" heretofore adopted by the Commission, as amended March 7, 1966, be, and there hereby are, expressly withdrawn, revoked and nullified, and the same shall hereafter be of no further force and effect. Mr. Michel seconded the motion which passed unanimously. The By -Laws adopted are follows: l6$� May 15, 1984 Page 5 ALBEMARLE COUNTY PLANNING COMMISSION RULES OF PROCEDURE I. GENERAL r �- These rules shall govern the proceedings of the Albemarle County Planning Commission in accordance with Virginia Code Section 15.1-442 and Section 15.1-444 of County Code Sections 2-3 through 2-23. Whenever these rules shall.be silent as to any matter, the established practice and procedure is continued. It is intended that these rules supplement existing law and that they be construed in accordance therewith. Should any provision of these rules be declared by a court of competent jurisdiction to be unconstitutional or other- wise invalid, such decision shall not effect the validity of these rules as a whole or of any other provision hereof. II. OFFICERS The officers of the commission, and their respective duties in terms of office, shall be as follows: a. Chairman - The commission shall elect from its members a chairman, who shall preside at all meetings of the commission, at which he is present, during the term for which he is elected. b. Vice -Chairman - The commission shall elect from its members a vice-chairman who shall preside at all meetings in the absence of the chairman, and shall otherwise discharge the duties of the chairman during. the chairman's absence or disability. c. Term of Office - The terms of the chairman and vice- chairman shall be for one year; provided, however that every officer of the commission shall continue in such office, for so 16r Mai 15, 1.9-84 Page 6 long as he shall remain a member of the commission, until his successor shall be elected and shall qualify for such office. d. Secretary and Recording Secretary - The commission shall have a secretary and recording secretary whose duties shall consist.in the keeping and maintaining custody of the records of the com.-nission,'including, but not limited to, the keeping of the minutes of the commission's meetings, and such other duties as the commission may, from time to time, assign them. Except as the commission may otherwise designate by affirmative action, the director of planning and community development and a member of his staff, designated by him, shall serve at the pleasure of the commission as the commission's secretary and recording secretary, respectively. e. Temporary Chairman - In the event of the absence of both the chairman and the vice-chairman from any meeting, the commission shall designate from among its members a temporary chairman who shall act as such for that meeting in the absence of the chairman or vice-chariman. III. MEETINGS a. Regular Meetings - Regular meetings of the commission shall be held on the first four Tuesdays of every.month at 7:30 p.m. in the County Office Building unless otherwise specified by the'secretary. b. Special Meetings,- A special meeting of the commission may be called by the chairman or when requested by two or more members thereof, their request to be made in writing addressed May 15, IY84 Page 7 to the secretary, specifying the time and place of the meeting and the matters to be considered. A special meeting may also be called at any meeting of the commission. The secretary shall immediately notify each member of the commission in writing, or by telephone, such notice to be mailed or telephoned not less than five (5) days before the date of the special meeting. Waiver of ' notice may be made in accordance with law. The secretary shall also give reasonable notice of such meeting to all the general news media and to all other persons required by law to be so notified. C. Quorum and Adjournment - A majority of the members of i the commission shall constitute a quorum; provided that no i disqualifications required pursuant to Virginia Code Section 2.1-610 shall deprive the Commission of authority to act on any matter; and provided further, that no meeting shall be terminated by r � the absence or failure of a majority of the members to participate once a quorum has been established. Any meeting may be adjourned from time to time and from day to day. d. Executive or Closed Meeting - Executive or closed meetings may be held only in accordance with the provisions of the Virginia Freedom of Information Act (Title 2.1, Chapter 21 of the Code of Virginia (1950), as amended.) No meeting shall become an executive or closed meeting unless there shall have been recorded an affirmative vote to that effect by the commission, which motion shall state specifically the purpose or purposes which are to be the subject of such meeting and shall make specific reference to the applicable provision of law. May 15, 1984 Page 8 IV. OFFICIAL ACTION OF THE COMMISSION a. Procedure for Taking Action - All matters requiring the vote of the commission shall be preceded by the making of an appropriate motion by a member, the seconding thereof by another member, and the stating of the motion by the chair. The motion shall thereafter be the subject of discussion by the commission. Matters requiring public hearings shall not be sub- ject to action by the commission, other than for deferral or withdrawal without consideration of the merits thereof, until such public hearing has been held. Any amendment to the original motion, unless accepted by the member making the original motion and the member seconding the same, shall be subject to vote by the commission before any action is taken on the original motion. If such amendment is adopted, action shall be taken on the original motion as amended. Any motion except as hereinafter otherwise noted, must be seconded. Failing to receive a second, the motion shall die. All such natters shall be determined by a voice vote of the majority of the members voting on any question; provided that any member may require that the commission be polled as to any particular matter acted upon by voice vote. A tie vote shall defeat the motion voted upon. Except as otherwise expressly provided by law, the failure of a motion to approve any application or to take any other affirmative action shall be deemed to be a denial of such application or other action. b. The Previous Question - Discussion of any motion may be terminated by any member's moving the previous question, whereupon, and without the necessity of a second to that motion 70 May 15, 1984 Page 9 the chair shall forthwith call for a vote without further discussion. If a majority of those voting concur in the motion of the previous question, there shall be no further discussion and the commission shall proceed to vote upon the matter under consideration. c. Motion to Reconsider - After a vote is taken upon a matter before the commission, a member may move its reconsideration. Any such motion to reconsider may only be made at the same meeting, or an adjournment thereof, at which the matter was originally acted upon. The effect of the motion to reconsider, if adopted by the commission, shall be to place the original question in the exact position it occupied before it was originally voted upon. Nothing herein shall be deemed to prohibit the commission from taking further action with respect to any matter which may be brought before it in any lawful manner. d. Rescission of Prior Actions of the Commission - Any vote previously taken by the commission, other than matters originally before the commission upon application of any party, may be rescinded by the commission. e. order of Business - The secretary shall prepare the agenda for each meeting, subject to the approval of the chairman. A tentative agenda shall be prepared not less than five days before the meeting, and a final agenda shall be prepared not later than close of business on the date of the meeting. No matter shall be placed on the final agenda which did not appear on the tentative agenda, other than internal administrative matters added at the order of the chairman; matters added by affirmative 0 171 p � May 15, 1984 Page 10 action of the commission, by deferral from a prior meeting or otherwise; matters susceptible of executive :Meeting pursuant to Rule III.d.of these Rules; and other matters required by law to be heard at a particular meeting.. Any member may require that the secretary place before the commission, in due course, any matter which is a proper subject for the commission's consideration. Except as the commission shall order otherwise in a particular case, the order of business of each regular meeting shall be as follows: a) Call to order. b) Establish quorum. c) Review and approval of minutes of previous meetings. d) Unfinished business (deferred items). e) Regular items/public hearing. f) New business. i g) Old business. h) Adjourrurent. The order.of business for special meetings shall be established by the secretary subject to the approval of the chairman. f. Deferral. Except as otherwise provided by law, any 4tter'before the commission may be deferred by the commission without substantive action, either before or after the holding of any public hearing which is required by law. Unless the commission shall otherwise direct, the chairman may permit such public discussion of such deferral as he nay deem proper. In the event that the commission shall defer any matter to an indefinite date, the secretary shall, subject to the approval of eta May 15, 1984 Page 11 I the chairman, schedule such meeting for hearing at an appropriate date and shall thereafter forthwith again cause to be given notice as required by law, by these rules or by the existing policies of the commission. No matter shall be deferred at the request of the applicant unless such request shall have been received by the secretary not less than one week prior to the meeting at which such matter is tcheduled to be heard. V. AMENDMENT AND SUSPENSION OF RULES OF PROCEDURE These rules of procedure may be amended by a two-thirds vote of the members voting at the next regular meeting following the regular meeting at which the motion to amend is made. By two- thirds vote of the members voting, these rules may be suspended at any time as to any matter pending before the commission. VI. RECORDS OF THE COMMISSION The records of the commission shall be open for public inspection and copying at all times during the regular office hours of its secretary; provided, however, that the secretary may make reasonable charges for the copying and search time expended in the supplying of such records to the public, not to exceed his actual costs therefor; and , provided further, that no person shall remove from the custody of the secretary the original of any such record without the express previous con- sent of the commission. The secretary may adopt reasonable regulations for the keeping, inspection and copying of the records of the commission in order to facilitate the orderly administration of his duties and to provide for the preservation and safekeeping of such records. This rule shall be construed in accordance with the provisions of Virginia Code Section 2.1-342. May 15, 1984 Page 12 WORK SESSION Capital Improvements Program - sir. Ma.be led the dicussion. He explained the reasoning behind staff's recommendations. The following items generated Commission discussion: Brownsville Re -roofing Bennington Channel :Microfilm Center Southern Swimming Facility Warehouse/Storage Bldg COB The Commission .requested additional information.on the Brownsville Re -roofing, the Microfilm Center, the Southern Swimming Facility, and the Warehouse/ Storage Building for the County Office Building. \o action was required of the Commission at this time. NEW BUSINESS Hollymead PUD - Request for clarification of procedures regarding Hollymead Square II. NIr. Keeler explained that the developer (Dr. Hurt) was proposing to transfer 18 units from across the road to bring the density up to 120 units. He asked if the Commission felt a rezoning would be necessary. He stated Hollymead Square, Phase II was shown for 102 units. Mr. Payne stated he was somewhat concerned about this request. He explained that this plan has been very specific with very specific numbers. He asked what would happen if the 18 units are transferred at this time and then the property is sold at some future date and a new developer also expects to be able to build those 18 units. He felt the only proper way to approach this would be if both the parcels were ..included in the same site plan. :sir. Keeler felt the applicant.would not be agreeable to this approach. Mr. Payne felt the only way to avoid a rezoning was to follow his suggestion. He felt anything else would be inconsistent with the "letter of the plan." Mr. Bowerman stated he would be hesitant to go against fir. Payne's advice. Mr. Cogan suggested that the applicant be given the option of either submitting a site plan for both parcels, or applying for a rezoning. Hilton Hotel Landscape Plan (River Heights) - Planning Commission review and comment. The Commission discussed this briefly. No action was required. /7� May 15, 1984 Page 13 Streamlining Report - Summary report regarding experimental subdivision process. Mr. Keeler led the discussion. No action was required. There being no further business, the meeting adjourned at 10:30 p.m. 7Wc, l.F4 John Horne, Secretary Recorded by: Janice Wills Transcribed by: Deloris Sessoms, 12-88 / 076