HomeMy WebLinkAbout04 18 89 PC MinutesApril 18, 1989
The Albemarle County Planning Commission held a public hearing on Tuesday,
April 18, 1989, Meeting Room 7, County Office Building, Charlottesville,
Virginia. Those members present were: Mr. David Bowerman, Chairman;
Mr. Keith Rittenhouse, Vice Chairman; Mr. Tom Jenkins; Mr. Harry
Wilkerson; Ms. Norma Diehl; Mr. Tim Michel; and Mr. Peter Stark. Other
officials present were: Mr. John Horne, Director of Planning and
Community Development; Mr. Ronald Keeler, Chief of Planning; Ms. MaryJoy
Scala, Senior Planner; and Mr. James Bowling, Deputy County Attorney.
The Chairman called the meeting to order at 7:30 p.m. and established that
a quorum was present. The minutes of April 4, 1989 were approved as submitted.
SP-89-15 First,Vi.r inia Bank - Central - Request in accordance with Section
24.2.2(13) of the Zoning Ordinance for the issuance of a special use permit to
allow for a bank with drive-in window to be located on 1.4365 acres zoned HC,
Highway Commercial. Property, described as Tax Map 32, Parcel 32, and Tax
Map 32A, Section 2, Parcel 1 is located in the northeast quadrant of the
intersection of Rt. 29 and Rt. 640. Rivanna Magisterial District.
The applicant was requesting indefinite deferral.
Mr. Stark moved, seconded by Mr. Rittenhouse, that SP-89-15 for First Virginia
Bank - Central, be indefinitely deferred.
The motion passed unanimously.
Addition to Jacob's Run Agricultural/Forestal District - The proposed addition
is located west of Rt. 743 near the Charlottesville -Albemarle Airport and
consists of about 347 acres. The proposed time period is 6 years from
January 6, 1988.
Ms. Scala presented the staff report. Staff recommended approval.
The Chairman invited public comment.
Mr. Earl Williams, a resident of Bedford Hills, asked for clarification of
the boundaries of the district, particularly whether or not Bedford Hills
abutted the proposed district. Ms. Scala responded to Mr. Williams
questions.
There being no further public comment, the matter was placed before the
Commission.
Ms. Sherry Buttrick, representing the Piedmont Environmental District,
was present but offered no comment.
Mr. Michel moved that the addition to the Jacob's Run Agricultural/Forestal
District be recommended to the Board of Supervisors for approval, as presented
by staff.
April 18, 1989 Page 2
Mr. Stark seconded the motion which passed unanimously.
Addition to Hardware Agricultural/Forestal District - The proposed addition is
located south of Rt. 692 in 'forth Garden and consists of about 207 acres.
The proposed time period is 10 years from November 4, 1987.
Ms. Scala gave the staff report. Staff recommended approval.
There being no public comment, the matter was placed before the Commission.
Mr. Stark moved, seconded by Ms. Diehl, that the addition to the Hardware
Agricultural/Forestal District be recommended to the Board of Supervisors
for approval. The motion passed unanimously.
STA-89-02 - To amend Section 18-36 Private Roads of the Subdivision Ordinance
to specify circumstances under which private roads may be permitted in rural
developments.
Mr. Keeler presented the staff report, which explained that the public
purpose to be served by this amendment was to provide quantifiable criteria
for consideration as to whether public or private roads are warranted in a
particular rural development.
Mir. Michel noted that he was in favor of prohibiting the mixing of public
and private roads in subdivisions. He stated that though he was very much
in favor of the proposed amendments, he had an underlying feeling that the
private road problems were long-term problems which create friction with the
Highway Department.
Mr. Keeler explained staff feels the amendment will bring the provision in
line with the Commission's thirkirg, i.e. lots served by a private road must
be five acres or greater and the construction of a public road would, basically,
destroy the site.
There were very few comments from other Commissioners.
Ms. Diehl moved that STA-89-02, Private Roads, of the Subdivision Ordinance,
specifying circumstances under which private roads may be permitted in rural
developments, be recommended to the Board of Supervisors for approval as
follows:
1. AMEND 18-36(b)(1) AS FOLLOWS:
18-36 (b) (1) No lot of such subdivision to be served by such
road shall be less than five acres in land
area; provided that the subdivider, in
accordance with Section 18-36(h) of this
chapter, demonstrates to the
satisfaction of the commission that:
- A2proval of such roads will alleviate a
clearly demonstrable danger of significant
degradation to the environment of the site or
ad'acent properties which would be occasioned
by the construction of public roads in the
same alignments. For the purposes of this
,93d
April 18, 1989
Page 3
de radation" sha12
(30%) percent in t
for construction c
to a private road;
- No alternative pub
alleviate signific
environment; and
- No more lots are p
road than could be
due to ric;ht-of-wa
2. REPEAL SECTION 18-36(C)(1).
a public r
nd
c road ali
Mr. Stark seconded the motion which passed unanimously.
as c
nt would
ivate
1 ; . , ^MA
(Note: Public comment on this item was invited later in the meeting.)
ZTA-89-3 - An.amendment to the Albemarle County Zoning Ordinance, Section 6.0
Non -Conforming Lots. To provide for combination and/or redivision of
non -conforming lots.
Mr. Keeler presented the staff report which stated that the public purpose
to be served by the amendment was to provide for improved development and
uniform regulation.
The report explained:
"The Subdivision Ordinance contains a provision which permits combination
and/or redivision of non -conforming lots provided the result is more
conforming to the requirements of the ordinance. No such language exists
in the Zoning Ordinance, and, therefore, even though a result may be
more conforming to zoning regulation, variances are required. Staff
opinion is that improvement should be achievable without requirement
of a variance in all cases."
The Chairman invited public comment on both ZTA-89-3 and on the previous
item, STA-89-2. There being no public comment, the matter was placed
before the Commission.
Mr. Stark moved that ZTA-89-3 to amend the Albemarle County Zoning Ordinance,
Section 6.0 Non -Conforming Lots, be recommended to the Board of Supervisors
for approval as follows:
Apr!. �8, 1989 NONCONFORMING LOTS ( AMENDED 9-21-88 ) Page 4
6.5.1 Any lot of record at the time of the adoption of this
ordinance which is less in area and/or width than the
minimum required by this ordinance may be used in a
manner consistent with the uses permitted for a lot
having the minimum area and/or width so required;
provided that the rear, side and front yard and setback
requirements of this ordinance shall be maintained; and
provided further that no such use shall be permitted
which is determined by the Zoning Administrator to
constitute a danger to the public health, safety and
general welfare. (Amended 9-21-88).
6.5.2 Except as otherwise provided in Section 30.5, Scenic
Areas Overlay District, in the case of any subdivision
approved and defined as such pursuant to Chapter 18 of
the Code of Albemarle after December 22, 1969, and
prior to the adoption of this ordinance and which was
of record at the time of the adoption hereof, the rear,
side and front yard and setback regulations of the
Zoning Ordinance in effect at the.time of such approval
shall apply to.all lots within such subdivision. In
all other cases, the rear, side and front yard and
setback regulations of this ordinance shall apply.
(Added 4-15-81) (Amended 9-21-88).
6.5.3 For purpose of this section, any lot shown on a
preliminary or final subdivision plat which was
approved by the proper authority of the county in
accordance with law prior to the adoption of this
ordinance, and which plat was subsequently recorded in
due course, shall be deemed to be a lot of record at
the time of the adoption of this ordinance.
6.5.4 A subdivision recorded or developed 2rior to the
adoption of and not in conformity with this ordinance
may be res_ubdivided and redeveloped, in whole or part,
at the option of the. owner of any group of contiguous
_lots therein; but every such resubdivisi_on shall
conform to this ordinance and all other county
ordinances currenti applicable; provided however,
that no such resubdivision which in the a inion of the
Z.oning Administrator, shall be substantially more
conforming to the requirements of 4.0 GENERAL
REGULATIONS and the area and busk regulations of the
district in which such subdivision is situated shall be
denied for failure to c0m2lY with the Provisions of
this ordinance. The zonin2 Administrator may, at his
discretion refer the matter to the Board of Zonin
Appeals in accordance with the provisions of section
34.0.
S37
April 18, 1989 Page 5
Mr. Jenkins seconded the motion which passed unanimously.
ZTA-87-5 - An amendment to the Albemarle County Zoning Ordinance, Section 4.12
Off -Street Parking and Loading Requirements as to design of parking areas.
Mr. Keeler briefly described the purpose of the proposed amendments as
follows:
4.12.1 PURPOSE - Expanded to clarify County policy as to design and to
include specific language discouraging overdevelopment.
4.12.3 LOCATION OF PARKING - Amended to clarify what improvements are
considered as parking for setback purposes.
4.12.6 PARKING AREA'DESIGN - Reflects zoning statutes of the Code of
Virginia.
4.12.6.1 SAFE AND CONVENIENT ACCESS - Contains access design criteria.
One-way ingress/egress is prohibited except where specifically approved by
the Commission. The Zoning Administrator is given increased authority to
require access to be maintained in a safe manner.
4.12.6.2 INTERNAL CIRCULATION -- Substantially expanded to include basic
design matters. One-way circulation is prohibited except where specifically
approved by the Commission.
4.12.6.2 - Amended to: include minimum aisle width for one-way circu-
lation; clarify that 20-foot aisle width is required adjacent to parking
spaces; and provide examples which would warrant one-way circulation.
4.12.6.3 MINIMUM IMPROVEMENTS - Specific design standards for paving,
sight distance (internal to the development), grade, and lighting.
4.12.6.3(a) - Proposes factors on which to base paving requirements
other than number of parking spaces.
4.12.6.5 - Amended to strongly discourage but not prohibit curvilinear
parking.
There being no public comment, the matter was placed before the Commission.
Mr. Michel asked that the record show that he was "still concerned that we
aren't using the full area ratio on some of these low -intensity uses because
I think we are just putting our head in the sand. I think there are several
huge projects around here that aren't being addressed and we have unusable
buildings on Rt. 29 which are going to create a problem for us. We are
again sort of ducking that issue." Mr. Michel gave as an example the
HUB Furniture Store on Rt. 29 which has changed use and now has inadequate
parking.
Mr. Keeler stated that ultimately the Commission might wish to have just
one standard for all commercial development.
April 18, 1989
Page 6
The Commission discussed the issue briefly. Mr. Keeler noted that staff would
study this problem further.
Mr. Wilkerson moved that ZTA-87-5 to amend the Albemarle County Zoning Ordinance,
Section 4.12 Off -Street Parking and Loading Requirements be recommended to the
Board of Supervisors for approval as follows:
4.12 OFF-STREET PARKING AND LOADING REQUIREMENTS
4.12.1 PURPOSE
The purpose of these regulations is to set forth
off-street parking and loading requirements for
permitted uses; (1) in accordance with the intensity
of such use; (2) to provide adequate parking for the
general public; and (3) to reduce traffic hazards and
conflicts. To these ends, parking and.loadina area
designs shall comply with minimu-na standards as setforth
in 4.12 and 32.7 of this ordinance. It is intended
that the purposes of this ordinance be served through
physical design measures as opposed to directional or
policing measures such as si na a one-way circulation
and other such devices which relv on vehicle operator
compliance for effectiveness. Develolonent proposals
which seek to maximize building area or otherwise
intensify development to the extent that these minimum
regulations are not satisfied shall be deemed to be
contrary to the purpose of this ordinance.
4.12.2 APPLICATION
Off-street parking and loading requirements shall apply
to all uses and structures. established prior to or
after the effective date of this ordinance except as
otherwise provided herein.
Off-street parking and loading spaces shall be provided
in accordance with the provisions of this section at
the time of erection, alteration, enlargement or change
in use of any structure.
Any use for which parking and/or loading space was
approved and provided prior to the effective date of
this ordinance shall be considered in conformance to
this ordinance provided the intensity of such use
remains unchanged. where,'in the opinion of the zoning
administrator, a change in such use and/or structure
occasions the need for additional parking and/or
loading space, or such change would physically alter
parking and/or loading space available, such use shall
comply with these provisions.
4.12.3 LOCATION OF PARKING
4.12.3.1 For the purpose of determining minimum yard
recruirements of the various zoning districts the
term "off-street parking s ace" shall be deemed to
include gr in -space or stall together with adjacent
aisle and turnaround.
April 18, 1989
Page 7
4.12.3.2 Off-street parking spaces shall be provided on the same
4:12:3:1 lot with the use to which it is appurtenant except as
hereinafter provided.
4.12.3.3 Where practical difficulties prevent location as
47127372 required in section 4.12.3.2 or where the public safety
or the public convenience would be better served by the
location thereof other than the same lot, the
commission may authorize such alternative location of
required parking space as will adequately serve the
public interest, provided that such space shall be
located on land in the same ownership as that of the
land on which is located the use to which such space is
appurtenant or, in the case of cooperative provision of
parking space, in the ownership of at least one of the
participants in the combination.
4.12.3.4 Whether off-street parking is provided on the same lot
47127373 or not, the following shall apply:
a. 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.
b. For non-residential uses, no parking space shall
be located further than five hundred (500) feet
from the entrance of the use such space serves.
C. 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 be a departure from sound engineering
and design practice; and 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.
4.12.4 COOPERATIVE PARKING
Parking space required under the provisions of this
ordinance may be provided cooperatively for two or more
uses in a development or for two or more individual
uses, subject to arrangements that will assure the
permanent availability of such space as such
arrangements are approved by the commission.
The amount of such combined space shall be equal to the
sum of the amounts required for the separate uses;
provided, that the commission may reduce the amount of
5#0
April 18, 1989 Page 8
space required for a church or for a meeting place of a
civic, fraternal or similar organization or other uses
under the provisions of a combined parking area by
reason of different hours of normal activity than those
of other uses participating in the combination.
4.12.5 AVAILABILITY
4.12.5.1 No required off --street parking or loading area shall be
used for the sale, repair, dismantling or servicing of
any vehicle, equipment, materials or supplies„ or
obstructed in any other fashion unless specifically
approved by -the commission. This provisiona shall not
be applicable to single-family dwelling units.
4.12.5.2 Where off-street parking and loading spaces are
required by these regulations, no owner or occupant of
any land or building shall discontinue, change or
dispense with such facilities without establishing
alternative facilities complying equally with the
requirements of these regulations.
4.12.6 PARKING AREA DESIGN
Parking areas shall be designed to minimize on -site and
off -site traffic hazards and conflicts in order to
provide safe and convenient access to the travelling
public; to reduce or prevent congestion in the public
streets; and to facilitate provision of emergency
services.
4.12.6.1 SAFE AND CONVENIENT ACCESS
All off --street parking spaces and off-street loading
spaces shall be provided with safe and convenient
access to a public street. Vehicular access -points
shall be designed to encoura e unimpeded traffic flow
with controlled turning movements and minimum hazards
to vehicular and pedestrian traffic. Distance between
street access and on -site points of conflict such as
parking spaces and turnin2 and other maneuvers shall be
ade uate to accommodate unimpeded traffic flew from and
to such street. In addition to access points for
general traffic unobstructed'and direct accessways for
emergency vehicles shall be provided as specified by
the Albemarle County Fire Official. All permitted uses
shall have entrances constructed in accord with the
specifications of the Virginia Department of
Transportation.
One-wav ingress and egress shall not be permitted
except that the commission may approve one-waX ingress
and egress in such case where the same is necessitated
by theeculiar character of the proposed -use or site.
In such case the commission shall require installation
and maintenance of control devices such as signage,
April 18, 1989
Page 9
pavement markings, and physicalbarriers as deemed
reasonable to provide direction to and policing of
vehicular movement.
In the event the zoning administrator, after
consultation with the Virginia Department of
Transportation and county engineer, determines such
ingress and/or egress to public roads to be in a state
of disrepair which may reasonably result in a hazard to
public safety, he shall require repair an/or correction
of such ingress or egress facility. For purposes of
this section, signage and other control devices shall_
be deemed to be a part of such ingress or egress
facility.
4.12.6.2 INTERNAL CIRCULATION
Parking areas shall be designed to facilitate unim eded
flow of on -site traffic in circulation patterns readily
recognizable and predictable to motorists and
pedestrians. Parking areas shall be arranged in a
fashion to encourage pedestrian access to buildings and
to minimize internal automotive movement. Facilities
and access routes for deliveries service and
maintenance shall be separated, where practical, from
public access routes and parking areas. Direct
unobstructed accessways for emergency vehicles to and
around buildings and uses shall be as specified by the Albemarle
County Fire official. Speed bumps, gates and other impediments
to emergency access shall be prohibited unless otherwise
recommended by the fire official in a particular case.
Except as otherwise permitted in a particular case,
interior circulation aisles adjacent to parking spaces
shall have a minimum travel width of twenty (20) feet
with approipriate turning radii; provided that the
21anning commission may increase such -width and turning
radii upon finding that such increase is necessary to
.accommodate emergency vehicles together with the
largest delivery or service vehicles which may
reasonably be anticipated to occasion the site whether
under proposed or potential usage. one-way circulation
aisles shall not be permitted except that the
commission may approve one-way circulation in such case
where the same is necessitated by the peculiar character
of the site or of the proposed use such as but not
limited to uses involving drive-in windows and
automobile laundries. In such case the commission
shall require installation and maintenance of control
devices such as bypass lanes si na apavement
markings and. -Physical barriers as deemed reasonable.
One-way circulation aisles shall have a minimum travel
width of twelve (12) feet exclusive of curb and gutter.
April 18, 1989
Page 10
4.12.6.3 MINIMUM IMPROVEMENTS
The following minimum improvements shall be required
for parking areas consisting of four (4) or more
parking spaces.
a. In any case where grade exceeds seven (7) percent
or where anticipated_ traffic exceeds three -hundred
fifty (350) vehicle trips per week based on the
current edition of the Institute of Transportation
Engineer's Trip Generation Handbook, the following
requirements shall apply:
1. Paving specifications for _access aisles,
parking areas and loading areas shall be
subject to county engineer approval in
accordance with intensity of usage;
2. Such improvement shall not be less than six
(6) inches of Virginia Department of
Transportation #21 or #21A.a2aregate base
together with prime and double seal or
equivalent approved by the county engineer.
The foregoing notwithstanding, the commission may
reduce required improvement to a specification_
recommended by thecounty engineer in the following
cases: (1) for overflow parking,provided in excess o
the requirements of 4.12.6.6 for churches and other
assembly uses where usage of such parking area is
anticipated to be so infre went as to not require
greater im rovement• or (2) 'fcr areas of display or
storage of vehicles mobile homes machinery,or other
inventory requiring motor vehicle_ access for placement
provided, in no case shailgrassed or unimproved area
be devoted to overflow parking or inventorV storage.
b. Intersections of vehicular access aisles and
public streets shall have an approach_ grade not
exceeding four (4) percent for a distance of not
less than fort (40) feet measured from the edge
of the travelwa of the public road being
intersected.
Maximum grade of access aisles not abutting
parking spaces shall -not exceed ten (10) ercent-
provided, however, that the maximum grade of such
access aisles may be increased by the commission
r
in grade.
ance with Section 32.3.11 and upon
hat no reasonable design alternative
uce or alleviate need for such increase
April 18, 1989
Page 11
Maximum graae Lor parking spaces, ioaaing spaces,
and access aisles abutting 2arkin5lor loading
spaces shall not exceed five (5%) percent and
cross slope grade shall not exceed two (2)
ercent. Handicapped parking spaces shall be
situated so as to provide direct unobstructed
access to buildings by the shortest practical
routing. Crossing of vehicular access aisles_
shall be discouraged. (also see 4.12.6.5).
C. Minimum sight distance, determined in accordance
with Virginia Department of Transportation,
methodology for stopping sight distance, at
internal intersections of access aisles,
intersections of access aisles and pedestrian__
ways, and for access aisles around buildings shall
not be less than one -hundred (100) feet; provided
that the commission may increase such requirement
where travel speed is anticipated to exceed ten
(10) miles per hour to a re uirement commensurate
with such anticipated travel speed.
d. The commission may require raised traffic islands
at ends of parking rows to protect parked vehicles
andprohibit parking in unauthorized areas.
Traffic islands and other such control devices may
be required where deemedreasonable by the
commission to satisfy the requirements of 4.12_and
32.0.
e. Lights used to illuminate parking areas shall be
arranged or shielded to reflect light away from
adjoining residential districts and away from
adjacent streets. Lighting spillover onto public
roads and properties zoned residentially or rural
areas shall not exceed one-half (1/2) foot-candle.
April 18, 1989 Page 12
4.12.6.5 PARKING SPACE SIZE
Each off-street parking space shall meet the minimum
requirements as specified below:
Parking Minimum Minimum Aisle
Space Width Length Minimum Width
option a. 10 18 20
option b. 9 18 24
C. In conjunction with 4.12.6.5, perpendicular
sparking shall be favored. Where practical
considerations warrant, the commission may
authorize other angled, curvilinear and/or
parallel parking. Parking space and aisle
dimensions for other angled,_curvilinear and
parallel parking shall be reviewed and approve
the director of planning and community
development.
d. where adequate planting islands or other such
features other than sidewalks are employed to
separate rows of parking spaces, not more than two
(2) feet may be deducted from the minimum length
requirements stated above in order to compensate
for overhang. All parking spaces shall be
designed so that no part of any vehicles shall
extend over any property line, right-of-way line,
sidewalk, walkway, driveway or aisle space.
e. The minimum width for handicapped parking spaces
shall be eight (8) feet with an adjacent five (5)
foot wide access aisle to be provided on each side
of such handicapped parking space. Access aisles
may be shared between adjacent handicapped parking
spaces. The number, location, signage and other
specifications of handicapped parking shall be
subject to Albemarle County fire official approval
in accordance with the Statewide Uniform Building
code requirements. (Amended 11-16-83).
Ms. Diehl seconded the motion which passed unanimously.
ZTA-89-04 - An amendment to the Albemarle County Zoning Ordinance to require
a special use permit for uses not served by public water for excessive consumption
or for uses not served by public sewer for discharge of sewage other than domestic
wastes.
fir. Keeler presented the staff report. The purpose of the amendment was to
protect surface and groundwater supplies from overdraft and pollution.
There being no public comment the matter was placed before the Commission.
33�6_
April 18, 1989
Page 13
Mr. Rittenhouse moved that ZTA-89-04 to amend the Albemarle County Zoning
Ordinance to require a special use permit for uses not served by public
water for excessive consumption or for uses not served by public sewer for
discharge of sewage other than domestic wastes, be recommended to the Board
of Supervisors for approval as follows:
ADD 22.2.2.11, 23.2.2.8, 24.2.2.14:
Uses permitted by right, not served by public water, involving water
consumption exceeding four hundred (400) gallons per site acre per day.
Uses permitted by right, not served by public sewer, involving
anticipated discharge of sewage other than domestic wastes.
Ms. Diehl seconded the motion which passed unanimously.
There being no further business the meeting adjourned at 8:40 p.m.
DS
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