HomeMy WebLinkAbout02 21 1991 PC MinutesFebruary 21, 1991
The Albemarle County Planning Commission held a public
hearing on Thursday, February 21, 1991, Meeting Room 7,
County Office Building, Charlottesville, Virginia. Those
members present were: Mr. Harry Wilkerson, Vice Chairman;
Mr. Tom Jenkins; Mr. Phil Grimm; Ms. Ellen Andersen; and Mr,
Walter Johnson. Other officials present were: Mr. Wayne
Cilimberg, Director of Planning and Community Development;
Mr. Bill Fritz, Senior Planner; and Mr. Jim Bowling, Deputy
County Attorney.
The Chairman called the meeting to order at 7:00 p.m. and
established that a quorum was present. The minutes of
January 29, 1991 were approved a submitted.
ZHA-QO 27 Rio/29 Self Storage Limited Partnership - The
applicant is proposing to amend the HC, Highway Commercial
zoning [Proffered] from ZMA-87-13 which restricted the
parcel to use as a self -storage facility only (EC, Entrance
Corridor Overlay). The new proffer would allow 400 square
feet for commercial rental office use for no more than two
employees. The property, described as Tax Map 45, Parcel
105 is on the west side of Rt. 29 approximately 600 feet
north of its intersection with Rt. 631 (Rio Road).
Charlottesville Magisterial District. This property is
located in a designated growth area, Urban Neighborhood 1,
Mr. Fritz presented the staff report. The report explained
that the request was the result of the Zoning Administrator
having interpreted the applicant's original proffer in a way
that was not intended by the applicant, i.e. the applicant
was under the impression that the rental use was allowed,
but the Zoning Administrator ruled, based on the applicant's
proffer, that the use was not allowed. The report concluded:
"Due to the limited size of the rental office, and that no
revision to the site is needed to accommodate this use,
staff recommends approval of ZMA-90-27 Rio/29 Self Storage
Corporation with the acceptance of revised proffer No. 1
Mr. Johnson felt there were potential problems with this
request in relation to the limitation of the use. He
questioned the legality of limiting a by -right use. Mr.
Cilimberg pointed out that "this was a proffer from the
applicant... and that is totally legal." Mr. Johnson asked
if the Commission could not simply pass a resolution stating
that the use was allowed in the original proffer. Mr.
Bowling stated that would be of no benefit because the
Zoning Administrator has already ruled on the use.
Mr. Johnson asked that the record show that it was his
position that this request should not be before the
Commission, but rather should be before the BZA to appeal
the Zoning Administrator's decision.
February 21, 1991 Page 2
Mr. Bowling and Mr. Cilimberg pointed out that the applicant
could have taken that route, but had elected to proceed in
this manner because he felt it was easiest and in his best
interest.
Mr. Johnson also questioned the limitation on the number of
employees. He felt the proffer limited the number of
employees but not the number of employers. Mr. Cilimberg
explained that employees were not viewed in that manner,
rather "employees has always been accepted by the County to
mean all those persons working in that facility," in
accordance with the Virginia Employment Commission's
definition of employment. Mr. Johnson stated he still
objected because he felt the space itself would limit the
number of occupants. Mr. Fritz pointed out that the number
of employees was important in terms of insuring compliance
with the parking standards and with the site plan. He
explained: "If he were to exceed the number of employees
and the number of square footage, then the site plan would
be violated."
The Chairman invited applicant comment_
The applicant, Mr. Robert O'Neill, was present but offered
no additional comment.
There being no further applicant or public comment the
matter was placed before the Commission.
Mr. Jenkins moved that ZMA-90-27 for Rio/29 Self Storage
Limited Partnership be recommended to the Board of
Supervisors for approval subject to acceptance of the
applicant's amended proffer.
Mr. Grimm seconded the motion which passed unanimously.
Sp-qn-82 Free union C.Quntry School - The applicant is
proposing to amend SP-88-33 to increase enrollment from 48
to 55 students in a private school [10.2.2(5)] on 2.0 acres
zoned RA, Rural Areas. A building addition is proposed.
Property, described as Tax Map 29, Parcel 15D is located on
the west side of Rt. 601 approximately 700 feet southeast of
the intersection of Rt. 601 and Rt. 655 in the White Hall
Magisterial District. This site is not located within a
designated growth area.
Mr. Fritz presented the staff report.
approval subject to the same conditions
condition 3 amended and the addition of
Staff recommended
of SP-88-33 with
conditions 5 and 6.
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February 21, 1991
Page 3
The applicant was represented by Mr. Lester Perlstein. He
explained that the request for the increase in space was
necessary to accommodate present enrollment. He briefly
described the history of the school.
There being no further applicant or public comment the
matter was placed before the Commission.
Mr. Grimm moved that SP-90-82 for Free Union Country School
be recommended to the Board of Supervisors for approval
subject to the following conditions (including amended
condition No. 3 and new conditions 5 and S)_
1. If licensure is not required by the State Welfare
Department, this approval shall be construed to include
waiver of Section 5.1.6(a) of the Zoning Ordinance. All
other requirements of Section 5.1.6 shall be met;
2. Permit is issued to Free Union Country School,
Incorporated and is non -transferable;
3. Enrollment shall be limited in accordance with
recommendation of the Site Review Committee, provided that
enrollment shall in no case exceed fifty-five (55) students;
4. Compliance with the Virginia Department of Welfare's
Minimum Standards for Licensed Child Care Centers;
5. Staff approval of site plan amendment in general accord
with Attachment B;
6. Expansion shall be limited to a footprint of 22 feet by
36 feet and shall not exceed two floors.
Mr. Jenkins seconded the motion which passed unanimously.
Rivanna CommerQial Park - Pha-se II Site Plan Amendment -
Request for six month extension.
The applicant was requesting deferrral to February 26, 1991.
Mr. Jenkins moved, seconded by Mr. Grimm, that the
applicant's request for deferral be approved. The motion
passed unanimously.
There being no further business, the meeting adjourned at
7:22 p.m. I
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