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HomeMy WebLinkAbout11 27 84 PC MinutesNovember 27, 1984 The Albemarle County Planning Commission conducted a public hearing on Tuesday, November 27, 1984, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. David Bowerman, Chairman; Mr. Richard Cogan, Vice -Chairman; Mr. Richard Gould; Mr. Tim Michel and Ms. Norma Diehl. Other officials present were: Mr. James Donnelly, Director of Planning and Community Development; Mr. Ron Keeler, Chief of Planning; Ms. Amelia McCulley, Planner; Ms. Marcia Joseph, Planner; Mr. Frederick Payne, Deputy County Attorney; and Ms. Patricia Cooke, Ex-Officio. Absent: Mr. Harry Wilkerson and Mr. James Skove. Mr. Bowerman called the meeting to order at 7:30 p.m. after establishing that a quorum was present. The minutes of the November 13, 1984 meeting were approved as written. ZTA-84-4 Emmaus with Child - Request to amend the Zoning Ordinance to read as follows: Amend RA., Rural Areas District to permit a single family dwelling occupied by one (1) adult and his/her family and not more than ten (10) adult women unrelated to the adult under the supervision of that adult. All such women shall come to the home of their own volition. For purposes of this section, the term "family" shall include the spouse and children of such supervising adult. The Chairman stated the applicant had requested indefinite deferral of this item. Ms. Diehl moved that ZTA-84-4 be indefinitely deferred. Mr. Michel seconded the motion which was unanimously approved. ZTA-84-5 HenryJavor - Request to amend the Zoning Ordinance to read as follows: Prohibit rental or leasing of trucks, vans, or trailers from service stations consisting of less than 30,000 square feet. Such operation allowed only at free standing service station, not adjacent to any other operating business establish- ments. Mr. Keeler gave the staff report. In reply to Mr. Bowerman's question as to why an amendment change would have no effect on this existing use, Mr. Keeler confirmed this was because it is already existing and the site plan had been approved prior to the adoption of the Site Plan Ordinance. He added that no amendments are retroactive. In answer to Mr. Bowerman's inquiry, Mr. Keeler stated he did not think there was a minimum size requirement in the Highway Commercial Zone, but there is a minimum frontage of 150' and the frontage cannot exceed the depth. /a 8 November 27, 1984 Page 2 The Chairman invited applicant comment. Mr. Henry Javor, the applicant, addressed the Commission. He stated he was seeking relief from the excessive storage of the U--Haul trucks and vans that are being stored at the Texaco Service Station at the Woodbrook Shopping Center. He stated he owns the service station in question, but he leases it to Texaco, and the current operator does what he pleases at the station. He submitted photographs of the station to the Commission. Mr.Javor referred to the recently passed City ordinance prohibiting the storage of these vehicles, thus the county had inherited them. Mr. Bowerman explained to the applicant that any action taken by the Commission at this time would have no effect on this existing operation. He suggested that Mr. Javor might have a remedy through the Zoning Administrator's Office, if an ordinance is being violated. He pointed out Mr. Javor does have an ultimate solution since he owns the land. Mr. Bowerman em- phasized the only matter before the Commission at this time is the exact motion to amend the Zoning Ordinance as stated in the staff report. In answer to Mr. Cogan's question, Mr. Javor stated the situation had been in existence for about three years, since the current operator took over. He added that. not only does the presence of the vehicles make the area unsightly, they also create a hazard. Ms. Cooke asked by what authority are the trucks allowed to be parked in'the empty lot across the street. Mr. Javor replied he had been in touch with the owner of said lot and had been informed no permission had been granted for this usage. He said the trucks are moved from time to time, but they always return. Mr. Michel mentioned the fact that service stations seem to be expanding to include many different uses. Mr. Keeler stated that in some cases some control is available through the physical requirements of the Site Plan Ordinance. He gave as an example parking space requirements. However, he felt the Zoning Administrator could only pursue this if a site plan were approved after the Site Plan Ordinance was adopted. Mr. Cogan pointed out there.are differences involved when dealing with a free-standing service station and one that is located within the confines of a shopping center, such as traffic patterns. Mr. Cogan asked if the storage of the .rental trucks and vans was a permitted use within the shopping center. Mr. Keeler stated the area was zoned either Highway Commercial or Shopping Center Commercial (PDSC, Planned Development Shopping Center). al November 27, 1984 Page 3 Mr. Javor stated he had submitted a site plan for the shopping center in 1976. He explained that even though the development was already in existence when he purchased it, he was told a site plan had never been approved, so he had to go through the process of approval. Mr. Keeler stated the site plan had been submitted even later than 1976, but it had not included the Texaco station. Mr..Javor disagreed and stated he believed the site plan had included the station. There being no public comment, the matter was placed before the Commission. Ms. Cooke asked if there was a limit as to how many parking spaces the service station was allowed to occupy within the shopping center parking lot. She also asked how many businesses exist in the shopping center, excluding the service station and the 7--Eleven Store. She stated that she felt these vehicles seemed to be using more than their share of the parking spaces. Mr. Gould said he felt the U-Hauls probably occupy all the parking spaces alloted to the service station and they do impede traffic flow. In response to Mr. Bowerman's inquiry, Mr. Javor stated the lease on the station runs for another ten years. He added he had been in touch with Texaco, but there is little they can do since no law is actually being broken. Mr. Bowerman stated the following: (1) The activities of the service station should be confined only to that portion of the property which it is leasing and it should not be allowed to spill over beyond those lines. He suggested that Mr. Javor, as owner of the property, define what the activities of the service station should be and require that the station keep within those activites. (2) As a university town, this situation will continue to occur, and it might be desirable to review some of the ordinances to see if it might be possible to provide some sort of facility, outside the city, where these vehicles could be stored. Mr. Cogan stated the City has had an ordinance against the vehicles, but it had not been enforced until very recently. Thus, all the vehicles had been moved to the County. He suggested that the matter be referred to the Zoning Administrator to see if he might be able to arrive at a remedy. Mr. Cogan felt if the ordinances were looked at carefully, it might be possible to identify some violation that the station is performing. Mr. Bowerman asked Mr. Payne if it were possible to change the ordinance in such a way as to limit the amount of use of a property for a particular use that is not "grandfathered", i.e. amount of space available and what can be put there, after the fact. /& Z) November 27, 1984 Page 4. Mr. Payne replied that this was probably not possible since. it would be difficult to design such -a restriction and even more difficult to enforce it. Mr. Bowerman asked if the Zoning Administrator, under the broad guidelines of public health, safety and welfare, could view an existing situation as being unsafe and thus restrict use. Mr. Payne replied affirmatively that this was possible, though he emphasized that the Zoning Administrator would be faced with a very substantial burden of proof. He said this has happened very rarely since it is extremely difficult to prove. It was determined no representative of the Zoning Administrator's Office was present at the meeting. Mr. Bowerman stated his agreement with Mr. Cogan's earlier. suggestion that a memo be sent to Zoning relating the concerns of the Commission in this and similar situations, and asking if there is any remedy under the existing ordinances. Mr. Bowerman restated the issue currently before the Commission, i.e. ZTA--84-5. Mr. Cogan, stating such an amendment would not solve Mr. Javor's current problem, moved that ZTA-84-5 be recommended to the Board of Supervisors for denial. Mr. Michel seconded the motion which was unanimously approved. Georgia Leake Final Plat - Located on the south side of Route 631, south of I-64 and -600 feet east of the intersection with Route 780. Proposal to subdivide 4.94 acres into two (2) parcels, one 1.948 and the other 1.386 acres. The 1.948 acre parcel is served by a 30 foot easement. Zoned R-2, Residential. Tax Map 76, Parcel 53A. Scottsville Magisterial District. Ms. Joseph gave the staff report. The applicant was present but indicated she had no comment. There being no public comment, the matter was placed before the Commission,. in response to • Mr. Michel's question as to why this was not a shared driveway as opposed to a private road, Mr. Payne stated that a private road is a shared driveway. Ms. Leake, the applicant, stated the land was not to be sold, and the division was being made in order to secure better financing. /.Y/ November 27, 1984 Page 5 Mr. Gould moved that the Goergia Leake Final Plat be approved sub- ject to the following conditions: a. Planning staff approval of technical items: 1. Change note on zoning from R-1 to R-2. 2. Note that public sewer and water is not available. 3. Note magisterial dsitrict. 4. Add note that "Lot A shall use private road as sole means of access." b. Highway Department approval of closing existing entrance and approval of private road entrance. C. County Attorney approval of private road maintenance agreement. d. County Engineer approval of private road. Ms. Diehl seconded the motion which was unanimously approved. Ednam Section D of Final Plat - Located west of the 29/250 Bypass on south side of Route 250. Proposal to locate 12 residential du-- plex.lots with an average size of 7,492 square feet on a 3.7177 acre parcel leaving a 16.53 acre residue. Zoned PRD, Planned Residential Development. Tax Map 59D(2), Parcel 06--1_ Samuel Miller Magisterial District. Ms. McCulley gave the staff report. The applicant was represented but offered no comment. There being no public comment, the matter was placed before the Commission. Ms. Diehl moved that the Ednam Section D of Final Plat be.approved subject to the following conditions: 1. The final plat will not be signed until the following conditions have been met: a. Issuance of an erosion control permit; b. County Engineer approval of grading and drainage plans; c. Albemarle County Service Authority approval of final sewer plans; d. County Attorney approval of homeowner's documents to include maintenance agreements for joint driveways and for Worthington Drive; e. Fire Official final approval of fireflow; f. County Engineer and Planning staff approval of building setback lines to assure adequate sight distance. Mr. Michel seconded the motion which was unanimously approved. ZU, November 27, 1984 Page.6 Hydraulic Road Apartments Parking Addition - Located on the eastern side of Rt. 743 (Hydraulic Road), at the intersection. of Rt. 656 (Georgetown Road). Proposal to add 29 additional parking spaces serving Hydraulic Road.Apartments, covering 0.330 acres. Zoned R-2, Tax Map 61, Parcel 39B. Charlottesville Magisterial District. Ms. McCulley gave the staff report. Mr..Bowerman stated this development had. originally been expressed as an elderly unit and the parking provision had been based on this, but the use of these units now seemsto be in some sort of transition. Ms. McCulley confirmed that if the original proposal had been for conventional apartments, 132 parking spaces would have been required. Mr.. Tom Gale, representing the applicant, was present but offered no comment. Mr. Bowerman invited public comment. Ms. Joan Graves addressed the Commission. She asked if the lot, which is zoned R-2 would have to be rezoned to R-15 and indicated she would not be in favor of this. She also questioned how far away the parking spaces are from the apartments they are to serve, stating the ordinance does not allow them to be more than 200 feet away. She also stated there did not seem to be any allowance for guests or recreational vehicle parking. There being no further public comment, the matter was placed before the Commission. Mr. Payne confirmed that when the R-2 lot is incorporated into the R-15, it will remain R-2, though it does not remain a separate parcel. He further explained that this parcel could not be the main use on the parcel, but could only be an accessory use. if the parcel is free-standing, it only has one use, a parking lot, and that is not permissabler so it must be joined to this.parcel to make it an accessory use. In response to Mr. Michel's question regarding the grading easements, Mr. Payne stated Mr. Elrod, County Engineer, has been requiring these easements. It was determined the low number of parking spaces had been granted originally because the development was supposed to be for the elderly, and a variance had been granted in 1980 which included the statement that "The facility must be inhabited 75% by people over 62 years of age." It was pointed out this was no Longer the case. Mr. Payne confirmed the variance should still be applicable. He added that this type of problem arises when the identity of the inhabitants becomes an issue, rather than the character of the building and the land use. /� November 27, 1984 Page 7 Ms. Diehl stated, and Mr. Michel agreed, it was of little use to have the condition stated in the variance if it was not going to be regulated. She pointed out the applicant was originally allowed 3/4 of a space per unit by the variance, instead of the 14 spaces stated in the Ordinance. Mr. Bowerman asked Mr. Keeler if the Commission had at any time in the past added parcels to other parcels, for uses like parking, where the zoning on the added parcel was substantially less than the zoned parcel. Mr. Keeler responded a similar -type situation had occurred with the Western Albemarle Shopping Center, i.e. the drain field and water storage tank were on a portion of the property that was zoned Rural Areas. He added the Ordinance requires that the parking be on the same lot as the main use unless the Commission permits some other arrangement. Ms. Diehl pointed out a note on the plat .stated the property could only be used in accord with R-2 uses in the future. Mr. Payne confirmed this, since the lot would still be R-2. He repeated that it would not become R-15. He also confirmed that the lot could be a parking lot in an R-2 zone, but not as a main use, only an accessory use. Mr. Keeler stated the Board has asked for a review of the defi- nition of accessory uses and one thing being considered is to require that the use not only be on the same lot or parcel, but in the same zoning district. Mr. Bowerman stated he did not have a problem with this because he felt an error had been made in the original approval, and 91 parking spaces should have been approved at that time. He further stated he was concerned that this was "creeping -up" zoning, i.e, approval is obtained for a proposal that later. turns out not to be workable, so zoning is then extended over into lower boundaries to make it work. He indicated he did not feel approving this would set a precedent, since it would merely be bringing it into line with what it should have been initially. He added he felt there had clearly been a change in the intended use of this property. Mr. Cogan stated he was concerned because there was no way to determine what the percentage of elderly would be at any given time. Ms. Diehl expressed concern as to how far the parking spaces would be from the apartments they were to serve, particularly if they were to serve the elderly. Mr. Keeler stated the requirement was 100 feet from the residence served, increasable to 200 feet under certain circumstances. /3j/ November 27, 1984 Page 8 Mr. Michel moved that the Hydraulic Road Apartments Parking Addition be approved subject to the following conditions: 1. A grading permit will not be issued until the following conditions have been met: a. County Engineer approval of erosion control plans; b. County Engineer approval of grading and drainage plans and computations; c. Virginia Department of Highways & Transportation ap- proval of closing the existing entrance and replacing with curb and gutter to match the existing roadway; d. Fire Official approval of handicapped parking; e. Recordation of a drainage easement to the detention pond; f. Recordation of a plat combining this parcel with that of Hydraulic Road Apartments. Mr. Gould seconded the motion. Further discussion followed. Mr. Payne confirmed Mr. Keeler's statement regarding parking distances, and quoted from Section 4.12.3.3 of the Zoning Ordinance: For residential uses, where parking is provided in bays, no parking space shall be located further than one hundred (100) feet from the entrance of the dwelling such space serves (except where the Commission may increase this to two hundred (200) feet). It was determined measurement is made from the individual space rather than from the parking lot line. Mr. Payne quoted further from Section 4.12.3.3: Distances in (a) and (b) above may be increased in such cases where the commission shall determine that the public interest or convenience would be equally or better served by such increased distance; that the allowance of a greater distance would not otherwise be contrary to the purpose and intent of this ordinance; provided that in no case shall the maximum distance from the entrance of a dwelling unit and its appurtenant parking space exceed two hundred (200) feet. Ms. Diehl pointed out the discussion had centered around this parking being for residents of the apartment, but the staff report had stated the additional parking being requested was for guests and recreational vehicles. She stated she assumed, since Mr. Gale had not indicated otherwise, the parking would also be used for residential parking. Mr. Gale, representing the applicant, responded he was not sure what use was intended for the spaces, but he had understood it /3'Ir November 27, 1984 Page 9 to be an auxiliary parking lot. Mr. Payne stated parking spaces for nonresidential use could be located as much as 500 feet away. Mr. Gale, agreeing with Ms. Diehl, stated he thought it would be difficult to regulate the use of the spaces. Mr. Bowerman stated he could support the motion, but only because he felt the Commission had erred in the original approval by not requiring at least 91 spaces at that time. Ms. Diehl asked if it would be feasible to include the statement from the Board of Zoning Appeals which stated,"The facility must be inhabited 75% by people over 62 years of age." Mr. Payne confirmed this would be acceptable and added if this was done a reference should be made to the variance. Rather than making a substitute motion, it was agreed that Mr. Michel would amend his original motion to include the requirement of the Board of Zoning Appeals as stated above as condition (g) of approval. Thus, the conditions of approval would be as follows: 1. A grading permit will not be issued until the following conditions have been met: a. County Engineer approval of erosion control plans; b. County Engineer approval of grading and drainage plans and computations; c. Virginia Department of Highways & Transportation approval of closing the existing entrance and replacing with curb and gutter to match the existing roadway; d. Fire Official approval of handicapped parking; e. Recordation of a drainage easement to the detention pond; f. Recordation of a plat combining this parcel with that of Hydraulic Road Apartments. g. The facility must be inhabited 75% by people over 62 years of age as required by VA-79-83, February 29, 1980. The amended motion was unanimously approved. Riyerrun-Section Seven (Chatham Ridge) Townhouse and Condominium Final Plat - Located north of the Charlottesville City limits on the north side of Route 768 between Route 631 (Rio Road) and Penn Park. Proposal to locate 48 townhouse condominiums with an average _ size of 2,000 square feet, on a 5.325 acre parcel. Zoned R-6, Residential. Tax Map 62, Parcel 17. Rivanna Magisterial District. /.4 4 November 27, 1984 Page 10 Ms. Joseph gave the staff report. The applicant was represented, but no comment was offered. There being no public comment, the matter was placed before the Commission. Ms. Diehl moved that the Riverrun Section Seven (Chatham Ridge) Townhouse and Condominium Final. Plat be approved subject to the following conditions: a.. Service Authority approval of water and sewer plans. b.t County Engineer approval of dimensioning of easements. C. County Attorneyapproval of condominium regime documents. Mr. Cogan seconded the notion which was unanimously approved. Overlook Apartments Site Plan - Located west of Route 250/Route 64 intersection on eastern side of South .Pantops Drive. Proposal to locate 40 residential units with an average density of 8.6 dwelling units per acre on a 4.655 acre parcel. Zoned R-15, Magisterial District. Ms. Joseph gave the staff report. She stated that condition (h) should be added to the report: Fire official approval of fire flow, final hydrant location and handicapped facilities. It was determined State Farm Blvd. is not a part of the state system, and South Pantops Drive is not yet completed. In response to Mr. Bowerman's inquiry about the requirement for bonding, Mr. Payne explained staff's.condition requires that one of the ways out to Rt. 250 be constructed by this development. He stated bonding implies construction. The applicant was represented by Mr: Mark Keller, who stated he had no comment but was available to answer questions. There being no public comment, the matter was placed before the Commission Mr. Bowerman asked if the County Engineer was satisfied that the conditions of staff would enable him to deal with his concerns in this matter. Ms. Joseph replied affirmatively. Ms. Diehl stated, in cases such as this where there is a significant question about drainage she would prefer to have more information from the County Engineer before being asked to make a decision. Ms. Joseph presented a copy of the.arevised site plan which did contain the County Engineer's comments on it. /137 November 27, 1984 Page 11 Ms. Diehl stated that at one time the Commission had been receiving statements from the County Engineer concerning whether or not conditions had been, or could be, satisfied. She questioned why this information was no longer being received, and stated she felt this placed the Commission in the position of sometimes operating in the dark. Mr. Cogan and Mr. Gould indicated they were in agreement with Ms. Diehl. Mr. Bowerman asked if the Commission at one time had been receiving "Preliminary" county engineer approval on such proposals. Mr. Payne stated the Commission had been receiving a statement indicating whether or not a proposal was workable on a particular site. He stated he felt this was probably what was being said in staff's comments. Ms. Diehl stated she was concerned because she could see no type of preliminary approval, nor any statement that the concerns could be taken care of. Mr. Keeler stated he felt the County Engineer was concerned about the term "preliminary approval" and he thought Mr. Elrod regarded it more as a preliminary review. He added that preliminary approval had resulted in some difficult situations with developers. He also stated Mr. Elrod had been led to believe he would not be required at tonight's meeting. Ms. Diehl asked if staff was requesting administrative approval of the final plat. Ms. Joseph indicated this had been suggested in an effort to streamline the process. Referring to condition (e) of staff's recommendations, (Virginia Department of Highways & Transportation and County Engineer approval of road plans for public road [from site including entire frontage of property] to Route 250, and bonding or construction of same), Mr. Bowerman asked what effect omitting the words "and bonding" would have. Mr. Payne replied if by dropping those words the intent was actual- ly not to allow bonding, then the road would have to be constructed before a building permit could be issued. Mr. Bowerman stated his understanding that the alternative would be that State Farm Blvd. would have to be accepted into the State system. Referring to the term "plans for public road" in condition (e), Mr. Bowerman stated he interpreted this to mean either one of those two roads. Mr. Payne indicated this interpretation was accurate, provided no additional construction was necessary on State Farm Blvd. i.3 e November 27, 1984 Page 12 Mr. Payne stated the problem with constructing the road had dealt with agreement over the design. Mr. Keeler indicated that after working with this matter for eight years, he did not feel it was any closer to resolution than it had been in the beginning. Mr. Keeler stated he felt it would be better to bond it than to actually construct it since there will be a number of other entrances that will interfere with curb and gutter and sidewalks. Mr. Payne pointed out that the developer is not able to build anything at the moment because he does not know what to build. Mr. Keller, representing the applicant, stated it was his understand- ing that this current proposal was. to act as incentive for the County Engineer and the Department of Highways and Transportation to finally make a decision. He added that he had understood staff comments had indicated that an agreement had been reached and the profiles and cross -sections shown on the drawing are a re- flection of the County Engineer and Highway Department comments. Mr. Keeler explained Mr. Keller was talking about South Pantops Drive, and there is no dispute over that road. He emphasized the dispute is over State Farm Blvd.. He further explained this is why the option of South Pantops back to River Bend is likely. Mr. Keller added that his client (the applicant) has a contract with Dr. Hurt which excludes him from any improvements to South Pantops Drive or any of this particular tract. Thus, it will be Dr. Hurt who will be bonding or building. It was determined that staff was still recommending construction or bonding, since it allowed some flexibility. Ms. Diehl moved that the Overlook Apartments 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. Include curb and gutter on parking area and access pavements, in notes or graphically. b. Approval of Service Authority (1) this includes recorda- tion of deed of easement and (2) submission of a final water plan. C. County Engineer approval of drainage, site work, and grading plans and computations. d. Issuance of erosion control permit. e. Virginia Department of Highways & Transportation and County Engineer approval of road plans .for public road (from site including entire frontage of property) to Route 250, and bonding or construction of same. f. Virginia Department of Highways & Transportation approval of commercial entrance to the site from South Pantops Drive. November 27, 1984 Page 13 g. Planning staff approval of technical items. h. Fire official approval of fire flow, final hydrant location, and handicapped facilities. Mr. Cogan seconded the motion which was unanimously approved. OLD BUSINESS Lindstrom Letter - Mr. Cogan submitted a draft of a letter to be sent to the Board of Supervisors in response to Mr. Lindstrom's previous letter. With some minor changes, the Commissioners indicated their approval of the letter and Mr. Keeler was directed to have the letter re -typed, affix Mr. Bowerman's signature, and post. It was the consensus of the Commission that no issues should be placed on "hold" in anticipation of the formation of some sort of committee as proposed by Mr. Lindstrom since the actual date of the establishment of such a committee, as well as its duties, was very much in question. NEW BUSINESS December and January Meeting Schedule - Mr. Keeler reviewed up- coming agenda items and stated the Commission will meet on Thursday, December 20 with the next meeting coming on Thursday, January 3. Zoning Text Amendment--Vacation/Fitness Resort - Mr. Bowerman presented a letter he had received from Mr. Edward Bain regarding a request for a zoning text amendment to be heard before the next regularly scheduled date. It was the consensus of the Commission not to hear zoning text amendments except at the regularly scheduled six month dates. Meeting with Engineering Department - Mr. Bowerman requested that a meeting be arranged with staff, Mr. Elrod and representatives of the Commission in order to discuss concerns.. Elimination of reading of "histories" included in staff reports - Mr. Bowerman stated, in the interests of saving agenda time, it was not necessary for staff to read all the history that is included in the staff report on a certain issue. He indicated the history should be included, but unless an item was of particular importance, it need not be read. There being no further business, the meeting adjourned at 1Q:00 p.m. A.nA I ml �. James R. DonZ!n Secretary DS /'7 u