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HomeMy WebLinkAbout09 25 90 PC MinutesSEPTEMBER 25, 1990 The Albemarle County Planning,.Commission.held a work session on Tuesday; September 25, 1990, Meeting Room 7;:County Office Building, Charlottesville, Virginia. Those members present were:-M.r.'Keith Rittenhouse, Chairman;,Mr. Harry. Wilkerson, Vice Chairman; Mr: Phil Grimm; Mr. Tom`Jenkins Ms. Ellen Andersen; Mr. ,Walter .J,ohnson;. and Ms:, Babs-Huckle. Other officials present were.: Mr,, Ron,,Keeler, .Chief of Planning; Mr. Layne Cilimberg, Director of Planning and Community Development; Mr. Jim Bowling, Deputy County Attorney; and Mr. Werner Sensbach, representing the University of Virginia. The Chairman called the meeting to order at 7:30 p.m.and established that'a'quorum was present. The minutes of September 11, 1990 were approved as submitted. WORK SESSION Review Board (ARB) - Referred back to the Planning Commission'from the Board of Supervisors. Mr. Keeler introduced the topic and explained the:new draft of the ordinance. (NOTE: BECAUSE THIS MEETING WAS.CONTINUED SEPTEMBER 27 AND THESE SAME ISSUES WERE DISCUSSED'AGAIN, THIS RECORD WILL NOT BE A DETAILED TRANSCRIPTION.) The Commission discussed the proposed ordinance section -by - section but did not arrive at a consensus as to any changes discussed, Mr. Johnson read prepare'&!'bomments which ;are attached to these minutes`as ATTACHMENT A. Topics which generated the most discussion or debate are listed below. (1) Duties of the Architectural Review Board and its relation to the Planning Commission's role in the review process. a. Should there be overlapping responsibility or two distinct reviews by the ARB and Commission? b. "Should the EC Ordinance primarily address issues of building and sign design by the ARB or should it be a 3?z September 25, 1990 Page 2 holistic type of ordinance that includes in the aesthetic design site features?" (Keeler) C. Can natural and scenic review be separated from architectural and historic review? (Some commissioners felt the two could not be separated.) d. Will the ARB be advisory to the site review committee or will it issue a Certificate of Appropriateness? e. Should the ARB be responsible to the Commission or the Board? (2) Section 30.6.1 Mr. Johnson felt the words "Rural and Growth areas" should be striken. Should the words "natural and scenic" be removed? (3) Section 30.6.2 Mr. Wilkerson expressed real concern about application of the regulations "to the full depth" of parcels. He felt this was too stringent. He expressed no opposition to "a depth of 500 feet [30.6.2(b)]. Mr. Grimm agreed with Mr. Wilkerson. (NOTE: This was one of the primary issues discussed at the September 27th meeting and because no changes were recommended to this section, Commissioners Grimm and Wilkerson did not support the Ordinance.) Mr. Johnson felt the list of roads should include all 16 as listed in staff "s original draft- (4) Section 30.6.4.1 Mr. Rittenhouse was in favor of any reference to the National Register of Historic Places being changed to the Virginia Landmarks Register. A comma was to be inserted between the words "landmarks" and "buildings," (5) Section 30.6.5.1 Mr. Rittenhouse felt there was some confusion between the 4th paragraph on page 6 and those items listed under paragraph (d) on page 7. September 25, 1990 (5) Section 30.6.6.2 Page 3 Mr. Rittenhouse felt the ARB should have the authority to review, but not preclude, handicapped ramps- (6) Section 30.6.6.3 Several Commissioners were in favor of deleting this section entirely. (7) Section 30.6.8 Last paragraph: Mr. Rittenhouse felt the Commission should be referred to by its full title, not just as the "commission." (8) Section 34A1.0 - Architectural Review Board Mr. Rittenhouse had real concern about the inclusion of a real estate representative on the ARB. He felt this representative would not have the type of expertise needed for this type of review. He was concerned about only one member of the ARB being a licensed architect. Mr. Johnson disagreed. Mr. Rittenhouse stated he would not support the ordinance if a real estate person were included. Mr. Rittenhouse felt that a majority of the Board should be architecturally trained. After the Commission had completed its initial comments, the Chairman invited comment from Mr. Sensbach. Mr. Sensbach stated he felt it would be unusual to let the ARB set its own standards. He felt guidelines should be clearly spelled out for the ARB. He noted that because architectural styles change regularly, the ARB's review should be general and deal with issues of shape, bulk, and fitting with the landscape. Referring to section 36.4.1, he cautioned that the term "visible from" could be open to interpretation and therefore should be more clearly defined. He stated that though the University supports the concept of reviewing what is bieng built, it would prefer that the regulations be worked out under the Three -Party Agreement between the City, County and University. Mr. Rittenhouse read a letter from Vice President Haas (UVA) which is made a part of this record as ATTACHMENT B. The Chairman invited public commment. IRW September 25. 1990 Page 5 landmarks would require a significant study be performed. He expressed concern about the depth of parcel issue and pointed out that the provisions, as presented, ignor variations in elevation, vegetation and terrain. He stressed that corridor analyses need to be performed prior to the adoption of an ordinance. He felt there should be a distinction between urban and rural corridors. He cautioned against being too specific with some of the sign guidelines. (He noted, for example, that the Pantops sign is bronze and is certainly not objectionable.) Mr. Steven Blain, representing McGuire, Woods, Battle and Booth, addressed the Commission. He felt the Ordinance required further study before adoption. He raised questions as to the legality of the proposed provisions. He noted that localities only have those powers which are expressly stated in the enabling legislation and a problem with the proposed ordinance is the "proposed viewshed standard with the ARB." He stated those standards do not include those set forth in the enabling legislation. He felt what is proposed may go well beyond the enabling legislation and merits further study because it is desirable to have an ordinance which will withstand attack. He noted also that a Zoning Ordinance "must bear a rational relationship to its stated purpose and the problem here is in trypi.ng to impose those broad standards to the full depth of all parcels of land in existence at the time of adoption of the ordinance_" He felt that an Historic Distict must be established first and that guidelines must be developed for each individual corridor. There being no further public comment, the matter was placed before the Commission. Staff asked the Commission to go over the Ordinance again in an effort to reach a consensus as to recommended changes. After a 15 minute recess, it was decided that the meeting would adjourn and reconvene again at 7:00 p.m. on September 27th. There being no further busine s, the meeting adjourned at 11:30 P.M. ., _ . V. Wayn�Cilimw,lSecretary DS