HomeMy WebLinkAbout07 10 90 PC MinutesDULY 10, 1990
The Albemarle County Planning Commission held a public
hearing on Tuesday, July 10, 1990, Meeting Room 7, County
Office Building, Charlottesville, Virginia. Those members
present were: Mr. Keith Rittenhouse, Chairman; Mr. Phil
Grimm; Mr. Tom Jenkins; Ms. Ellen Andersen; Mr. Walter
Johnson; and Ms. Babs Huckle. Other officials present were:
Mr. Wayne Cilimberg, Director of Planning and Community
Development; and Ms. Yolanda Lipinski, Planner. Absent:
Commissioner Wilkerson and Mr. St. John, County Attorney.
The Chairman called the meeting to order at 7:30 p.m. and
established that a quorum was present. The minutes of June
26, 1990 were approved as submitted.
Resolutions of Appreciation - The Chairman read Resolutions
of Appreciation in honor of former Commissioners David
Bowerman, Tim Michel and Peter Stark. Messrs. Bowerman,
Michel and Stark were present and were presented with the
copies of the resolutions along with a token of the
Commission's appreciation. (Note: Ms. Diehl was unable to
attend the meeting and will be honored at a later time.)
ZMA-89-16 J.W. Townsend - The applicant is petitioning the
Board of Supervisors to rezone 12.2 acres from R-1,
Residential to LI, Light Industrial. Property, described as
Tax Map 32, Parcel 22B is located on the west side of Rt. 29
approximately 3/10 mile south of the North Fork Rivanna
River in the Rivanna Magisterial District. Deferred from
July 3, 1990 Planning Commission Meeting.
The applicant was requesting indefinite deferral.
Mr. Jenkins moved, seconded by Mr. Johnson, that ZMA-89-16
be indefinitely deferred.
Discussion:
In response to Ms. Huckle's request, Mr. Cilimberg explained
the deferral process.
Mr. Johnson asked Mr. Cilimberg to direct him to the statute
related to the issue of percentage of retail allowable
(which was the main issue in this review). Mr. Cilimberg
looked up the information requested by Mr. Johnson and
informed him (at the end of the meeting) that the section in
question was 5.1.24.
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The previously stated motion for indefinite deferral passed
unanimously.
SDP-90-046 Leisure Land Preliminary Site Plan - Proposal to
construct recreational facilities including a miniature golf
course to be located on a vacant 9.507 acre parcel zoned HC,
Highway Commercial. Property, described as a portion of Tax
Map 32, Parcel 20A3 is located on the east side of route 29
North approximately 1/4 mile north of its intersection with
Route 649 in the Rivanna Magisterial District. Access shall
be through a 50-foot joint access easement off Route 649.
This site is located within a designated growth area.
Ms. Lipinski presented the staff report. Staff recommended
approval subject to conditions.
The applicant, Mr. Oswald, described the miniature golf
course, batting cages and driving range in some detail
including the structures and landscaping.
(Note: Ms. Huckle expressed concern about the illegibility
of some of the documents which the Commission often
receives. Mr. Cilimberg indicated he would look into the
matter. Ms. Huckle suggested that applicants be required to
submit typed documents. Mr. Cilimberg responded that
applicants do follow the requirements of the Ordinance in
the submittal of their documents.)
in response to Ms. Huckle's question, Mr. Oswald explained
how a future expansion of the facility would be
accomplished. He explained that he would be acquiring
additional property.
Ms. Lipinski added to Mr. Oswald's description and explained
that because the applicant was proposing to keep activities
away from neighboring residential properties at this time,
staff was recommending that the restriction against lighting
which had been placed on the original Special Permit not be
enforced at this time and that lighting of these areas be
allowed. She explained that the restriction would still
apply if at a later time activities were placed closer to
those residential properties. (Mr. Johnson later
complimented staff for taking the initiative to make this
recommendation. He felt this was what staff should be
doing, i.e. "reacting to changes and recognizing that this
could have a significant importance on the success of Mr.
Oswald's endeavor.")
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July 10, 1990 Page 3
Mr. Johnson asked Mr. Oswald what type of sign or
advertising he envisioned and also what type of arrangments
he envisioned for use of the road which would be shared with
the other commercial properties. Mr. Oswald explained that
84 Lumber would be placing a marque on the entrance road on
Proffit Road but he did not envision the use of a sign. He
also explained that he would be sharing the cost of
maintenance of the road with 84 Lumber and other commercial
properties using the road.
Mr. Grimm asked how drainage through the property would be
handled so that it would not cause erosion. Mr. Oswald
explained this was being handled by his engineers, but he
gave a brief explanation of the plans.
There being no public comment, the matter was placed before
the Commission.
Ms. Huckle asked who was responsible for checking to see
that the construction which takes place is being done
according to the plans. Mr. Cilimberg explained that the
Zoning Department is responsible for seeing that the
requirements of the site plan are satisfied and the
Engineering Department is also involved as construction is
taking place.
Mr. Grimm noted that this was a well --documented plan and
moved that the Leisure Land Preliminary Site Plan be
approved subject to the following conditions:
1. The final site plan will not be signed until the
following conditions are met:
a. Department of Engineering approval of grading
and drainage plans and calculations;
b. Department of Engineering approval of an
erosion control permit;
C. Department of Engineering approval of all
drainage easement plats;
d. Department of Engineering approval of the
private road improvements from Route 649 to the
entrance of Leisure Land as specified under Section
18-36 (e) (1) .
2. Albemarle County Service Authority approval of sewer and
water lines.
3. Staff approval of a road maintenance agreement;
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July 10, 1990
Page 4
4. Staff approval of landscape plan and staff approval of
final site plan;
5. Lighting shall be in accordance with Section 4.14.3 of
the Zoning Ordinance.
Mr. Johnson seconded the motion which passed unanimously.
Resolution on _Procedures for Land Use ApnlicationjAppeal
Mr. Cilimberg explained that the Board of Supervisors had
requested a resolution clarifying its position on
consideration of land use application and appeals when the
applicant submits any substantial new material in support of
such application subsequent to staff/Planning Commission
review. Mr. Cilimberg presented the following resolution
for consideration by both the Commission and the Board which
he felt would "allow for proper consideration of
applications, (is) consistent with state enabling
legislation and (is) in the best interest of the general
public:"
RESOLVED: Effective this date, in the case of any
land use application or appeal which comes before
this Planning Commission, if the applicant submits
any substantial new material in support of such
application subsequent to review of such
application by staff, this Commission will not act
upon nor hold public hearing upon such application
until the staff has reviewed and made
recommendation based upon such new material. This
policy shall apply to application for subdivision,
site plans, special use permits, Comprehensive
Plan amendments, and rezonings including
submission of proffers. Any substantial amendment
to a previous proffer shall be deemed new
material.
The Commission may suspend this policy in any case
upon a majority finding that its enforcement would
serve no public purpose.
Mr. Rittenhouse stated he endorsed the resolution because he
felt it formalized a policy which the Commission had
followed, informally, for some time.
Ms. Huckle moved that the Resolution be adopted. Mr.
Jenkins seconded the motion which passed unanimously.
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July 10, 1990
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There being no further business, the meeting adjourned at
8:05 p.m.
DS
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