HomeMy WebLinkAbout09 18 90 PC MinutesSEPTEMBER 18, 1990
The Albemarle County Planning Commission held a public
hearing on Tuesday, September 18, 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. V. Wayne Cilimberg, Director of Planning and Community
Development; Mr. Bill Fritz, Senior Planner; and Mr. Jim
Bowling, Deputy County Attorney. Absent: Commissioner
Wilkerson.
The Chairman called the meeting to order at 7:30 p.m. and
established that a quorum was present. The minutes of
August 28th and September 4th were approved as submitted.
%MA-00-13 South 29 Land Trust - The applicant is proposing
to amend SP-77--70 to allow for the location of seven (7)
single-family dwellings on 2.496 acres previously intended
for recreational use (Proffered). Property, described as
Tax Map 46B2, Section 2, Parcel D, is zoned PUD, Planned
Unit Development and is located at the northwest corner of
the intersection of Powell Creek Road and Poes Lane in the
Rivanna Magisterial District. This site is located within a
designated growth area.
Mr. Fritz presented the staff report. Staff recommended
approval subject to acceptance of the applicant's proffers_
Mr. Fritz explained that the proffers would ensure that the
property is developed in harmony with the existing Hollymead
Community.
Regarding the original intent of indicating this site as an
alternative recreational area, Mr. Fritz explained that
staff feels that the existing Hollymead recreational
facilities are not less desirable than this area and
therefore there is no longer a need to reserve this site as
an alternative facility.
The applicant was represented by Mr. Steve Melton. He
offered no additional comments.
The Chairman invited public comment.
Mr. Robert Walters, a resident of Hollymead, stated that his
previous concerns have been discussed with the developer and
both Mr. Melton and Dr. Hurt have agreed that his concerns
will be taken care of. Mr. Walters also stated that another
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neighbor, who could not attend --Ms. Amy Long --had asked that
he mention sidewalks. He stated that he was aware of no
neighborhood objection to the plan.
Mr. Melton confirmed that Mr. Walters' concerns would be
addressed. Concerning the issue of allowing the pathways to
remain, he stated that was not possible and sidewalks were
not possible because of cost considerations.
There being no further comment the matter was placed before
the Commission,
Mr. Grimm moved that ZMA-90--13 for South 29 Land Trust be
recommended to the Board of Supervisors for approval subject
to the acceptance of the applicant's proffers as follows:
1. Not more than seven (7) single family lots.
2. Driveways to enter off Poe's Lane & Allen's Way_
3. 30' building setback (front)
4. 20' building setback (rear)
5. 10' building setback (side)
Ms. Andersen seconded the motion which passed unanimously.
IBM Office Building Site Plan Amendment -- Extension Request
- Proposal to locate a 5,000 square foot addition to the
existing office building, to total 18,400 square feet. The
development will be served by 96 parking spaces. Property,
described as Tax Map 60, Parcel 48, is located on the south
side of Old Ivy Road (Rt. 754), just east of its
intersection with Rt. 25OW and adjacent to the C & 0
Railroad and is zoned C-1, Commercidl in the Jack Jouett
Magisterial District. The site is located within a
designated growth area.
Mr. Fritz presented the staff report. The report concluded:
"Staff recommends that should this extension be granted that
it be conditioned on compliance with current regulations."
There being neither applicant not public comment, the matter
was placed before the Commission. (Note: The applicant's
representative did not identify herself.)
Mr. Rittenhouse stated he supported staff's recommendation,
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Mr. Johnson felt this was somewhat "out of context" with the
usual reason for an extension which is based on a good faith
understanding that the development will proceed as approved_
He noted that this request was on an "if -come" basis.
Mr. Rittenhouse stated he felt an important issue was
whether or not there have been changes in circumstances, and
that is evidently not the case here.
It was determined the applicant was requesting a one-year
extension.
Mr. Jenkins moved that the IBM Office Building Site Plan
Amendment be extended for a period of one year, to July 25,
1991, with the plan to be reviewed under current
regulations.
Ms. Andersen seconded the motion.
Discussion:
Mr. Johnson stated he would not support the request "on the
basis that the applicant did not give any indication, and
has denied any good faith effort to implement this plan
within a year."
The motion for a one-year extension passed (5:1) with
Commissioner Johnson casting the dissenting vote.
It was noted that the opposition vote was discussed and was
based on the feeling that the plan would not be pursued.
Montdomaine Cellars - Reguest for Rxten,gign_.of Temporary
Trailer - The applicant is requesting an extension for an
office trailer to be temporarily used for an office and
public wine --tasting area on 5.9 acres zoned RA, Rural Areas,
The present approval expired on August 20, 1990. The
extension is requested until June 1, 1991. Property,
described as Tax Map 112, Parcel 18F, is located on a
private road off the north side of approximately 0.5 mile
south of Carter's Bridge in the Scottsville Magisterial
District. The site is not located within a designated
growth area.
Mr. Fritz presented a brief staff report. The report stated
that a condition on the last extension was as follows: "It
is not intended that future extensions for the trailer use
shall be granted. The applicant shall pursue approval for a
September 18, 1990 Page 4
permanent structure to be constructed within the given time
period." The report concluded: "Staff is unable to
identify any change in circumstance which warrants approval
of the request and therefore staff recommends denial of this
request."
Mr. Rittenhouse stated he agreed with staff's assessment of
the request.
There was a brief discussion as to whether or not there had
been any change in circumstance which might justify approval
of this request. Mr. Rittenhouse stated that he felt this
was "somewhat speculative and the justification by the
applicant is that 'we don't have the money yet."' He felt
that if this were allowed as a justification there would be
many more similar requests.
Ms. Huckle noted that IBM had just been granted an extension
and it is a large enterprise which can well afford to make
another application. She wondered if this small agricultural
enterprise should not be supported.
Mr. Rittenhouse pointed out that this approval is no longer
in conformance with the Zoning Ordinance, whereas the IBM
proposal has never been in non-conformance.
Mr. Bowling pointed out that mobile homes for commecial uses
are allowed only on a temporary basis. Mr. Fritz added that
Section 5.8.1 of the Ordinance specifies a five-year limit
on temporary mobile homes.
It was noted that a site plan for a permanent structure has
never been submitted.
The applicant was not represented at the hearing.
There being no public comment, the matter was placed before
the Commission.
Mr. Johnson moved that the Montdomaine Cellars request for
extension be denied.
Mr. Jenkins seconded the motion which passed unanimously.
There was a brief discussion of single -wide and double -wide
mobile homes and a new State law which allows mobile homes
of a certain size and construction (double -wider) by -right
in agricultural zoning districts.
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September 18. 1990
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There being no further business, the meeting adjourned at
8:15 P.M.
/JIU
V. Wayne ilimberg, ecretary
DS