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Home My WebLink About08 01 89 PC MinutesAugust 1, 1989 The Albemarle County Planning Commission held a public hearing on Tuesday, August 1, 1989, Meeting Room 71 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: Mr. Wayne Cilimberg, Director of Planning and Community Development; Mr. Ronald Keeler, Chief of Planning; Mr. Bill Fritz, Planner; Mr. Richard Tarbell, Planner; Mr. Jim Bosworth, Senior Planner; and Mr. Jim 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 July 18, 1989 were approved as submitted. SP-89-53 Robert Crystal & Ann Huckab - Request in accordance with Section 5.2 of the Zoning Ordinance for the issuance of a special use permit to allow for home occupation for a pottery kiln and studio on 21.196 acres zoned RA, Rural Areas. Property, described as Tax Map 76N, Parcel 17, is located on the south side of Mountainview Drive in the Sherwood Farms Subdivision in the southeast quadrant of Rt. 29 and 64. Samuel Miller Magisterial District. The applicant was requesting Withdrawal Without Prejudice. Mr. Jenkins moved, seconded by Mr. Wilkerson, that the applicant's request for withdrawal of SP-89-53 be accepted. The motion passed unanimously. SP-89-57 Robert & Sandra Haney - Request in accordance with Section 10.2.2(28) of the Zoning Ordinance for the issuance of a special use permit to allow for the subdivision of a vacant 23.124 acre parcel zoned RA, Rural Areas. Property, described as Tax Map 93, Parcel 48 is located on the northeast side of St. Rt. 53 at the intersection of Rt. 729. Scottsville Magisterial District. Mr. Fritz presented the staff report. The report concluded: "This proposal does not satisfy the criteria for a special use permit found in Section 10.5.2.1 in the Zoning Ordinance. The property was purchased by (the applicants) in 1989 with the knowledge that no development rights remained. In addition, soils on this site are not favorable for subsurface drainfields. ... Staff opinion is that approval of this Special Use Permit will set a precedent that could lead to additional lots in the Rural Areas of the County. ... Staff recommends denial...." August 1, 1989 Page 2 The Chairman invited applicant comment. Ms. Sandra Haney addressed the Commission. She stated there had been no note on her plat about the unfavorability for a drainfield. She confirmed that she had been aware that there were no additional development rights. She explained it was her desire to build a home for her daughter with no further plans for any future developeent. She stressed her plans would have no effect on traffic or the surrounding community. The Chairman invited public comment. Mr. Bobby Siler addressed the Commission. He referred to a petition containing 23 signatures, 11 of which were adjoining property owners. He explained that those signing the petition were not opposed to the Haney's application.for a mobile home, but were opposed to the subdivision proposal because they felt it would be setting a precedent. Mr. Bill Mallory supported Mr. Siler's statements. Mr. Don Payne, an adjoining property owner, pointed out that he felt a portion of the property was floodplain. He asked where the applicant proposed to build on the property. Mr. Bowerman explained to him that a dwelling unit cannot be placed in a floodplain. Ms. Haney confirmed she was aware of the -area which floods, but stated building would take place on the highest point of the property. There.being no further comment, the matter was placed before the Commission. Mr. Rittenhouse stated that he felt approval of this request would create a real danger of setting a precedent. He noted there was no overwhelming reason to grant the request. -Mr. Bowerman added that the request did uUL meet the criteria for a special permit. Commissioners Stark and Michel concurred. Mr. Rittenhouse moved that SP-89-57 for Robert & Sandra Haney be recommended to the Board of Supervisors for. denial. Mr. Stark seconded the motion thich passed unanimously. SP-89-55 Robert & Sandra Haney - Request in accordance with Section 5.6 of the Zoning Ordinance to locate a single wide mobile home on property described as Tax Map 93, Parcel 48, located on the northeast side of St. Rt. 53 at the intersection of Rt. 729. Scottsville Magisterial District. Mr —Fritz presented the staff report. The Chairman invited applicant comment. 74 August 1, 1989 Page 3 Ms. Haney called the Commission's attention to a mistake in the staff report. She explained that the mobile home would be occupied by herself and her husband until they could construct a permanent dwelling, and not by her daughter as stated in the staff report. The Chairman invited public comment. Mr. Bob Siler again addressed the Commission and noted that the signers of the petition had not objected to the proposed trailer. There being no further public comment, the matter was placed before the Commission. There was a brief discussion about whether or not to place a time limit on the permit. Mr. Jenkins noted that.the applicant had stated her intent to build a.conventional dwelling within a reasonable time (three years) and the conditions already require removal of the mobile home within 30 days of the issuance of a certificate of occupancy for a conventional dwelling. Therefore, he felt it was "sufficiently temporary." Mr. Jenkins moved that SP-89-55 for Robert & Sandra Haney be recommended to the Board of Supervisors for approval subject to the following conditions: 1. Albemarle County Building Official approval. 2. Conformance to all area, bulk and other applicable requirements for district in which it is located; 3. Skirting around mobile home from ground level to base of the mobile home to be completed within thirty (30) days of the issuance of a certificate of occupancy; 4. Provision of potable water supply and sewerage facilities to the satisfaction of the Zoning Administrator and approval by the local office of the Virginia Department of Health; 5. Maintenance of existing vegetation, landscaping and/or screening to be provided to the satisfaction of the Zoning Administrator. Required screening shall be maintained in good condition and replaced if it should die; b. Mobile home is not to be rented; 7. Special use permit is issued for use of Robert & Sandra Haney's family only; 8. Mobile home is to be removed from the property within thirty (30) days of the issuance of a certificate of occupancy for an additional dwelling; August 1, 1989 Page 4 9. Mobile home is to be located as shown on the attached plat by Robert L. Lum titled "The John N. Gianakos property." Minimum setbacks from adjacent properties is 100 feet. Mr. Michel seconded the .notion which passed unanimously. ZMA-89-7 Virginia Land Trust - Request to rezone 5.1 acres from R-1, Residential to HI, Heavy Industrial. Property, described as 'lax Map 32, Parcels 22B & 22B1, is located on the west side of Rt. 29N, approximately 1800' south of the North Fork Rivanna River Bridge. Rivanna Magisterial District. fir. Fritz presented the staff report. The report concluded: "Staff is of the opinion that industrial zoning without proffers to protect areas shown as residential in the Comprehensive Plan is inappropriate and, therefore, recommends denial of ZMA-89-7 Virginia Land Trust." There was a brief discussion about what appeared to be a road shown on the plat. Neither the applicant nor staff could definitively identify the road. Mr. Fritz also noted that the applicant had revised his original request for rezoning 17.4 acres to the current request to rezone 5.1 acres. The applicant was represented by fir. Tom Batchelor. He offered the following proffer: "We hereby proffer a restriction of the types of uses of the property that will prohibit brick manufacturing, concrete mixing plants, manufacturing of sewer disposal systems, manufacturing and recycling of tires, petroleum and gasoline, natural and manufactured gas, sawmills and wood preserving operations. We will expand the undisturbed buffer area from the required 30 feet to the width of 50 feet along the lot lines which abut residential planned property (which is our own property)." Mr. Bowerman asked if staff felt they had had time to review the proffer. Staff responded negatively, therefore Mr. Bowerman suggested that the item should be deferred to August 8. It was determined there was no public comment. 11r. Stark moved that ZMA-89-7 for Virginia Land Trust be deferred to August 8, 1989. Mr. Jenkins seconded the motion which passed unanimously. Stowe Airport Industrial Park Site Plan Extension - Request for a one- year extension. Mr. Fritz explained that the applicant had run into some problems and was therefore requesting a one-year extension. He stated he was not aware of any changes in circumstance in terms of the Ordinance or the review. 111L August 1, 1989 Page S Mr. Wilkerson moved, seconded by Mr. Michel, that the Stowe Airport Industrial Park Site Plan be granted a one-year extension. The motion passed unanimously. There being no further business, the meeting adjourned at 8:40 p.m. DS 71 i. t ji