HomeMy WebLinkAbout10 17 89 PC MinutesOctober 17, 1989
The Albemarle County Planning Commission held a public hearing on
Tuesday, October 17, 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. V. Wayne
Cilimberg, Director of Planning and Community Development; Mr.
Ron Keeler, Chief of Planning; and Mr. George St. John, County
Attorney.
The Chairman called the meeting to order at 7:35 p.m. and established
that a quorum was present. The minutes of October 3, 1989 were
approved as submitted.
SP-89-75 Astec - Request in accordance with Section 27.2.2(1) of the
Zoning Ordinance for the issuance of a special use permit to allow for
the production and testing of liquid chromatography columns. Property,
described as Tax Map 77E2, Parcel 4, is located at the intersection of
Routes 1101 and 742 on the northwest corner. Scottsville Magisterial
District.
The applicant was requesting deferral to November 9, 1989,
Ms. Diehl moved, seconded by Mr. Wilkerson, that SP-89-75 be deferred
to November 9, i989. the motion passed unanimously.
ZMA-89-17 Midmont Limited Partnership - Request in accordance with Section
15.1 of the Zoning Ordinance to rezone 6.4517 acres from R-1, Residential
to R-4, Residential. Property, described as Tax Map 76, Parcel 3, is
located on the southwest side of Midmont Lane near the School of
Continuing Education. Samuel Miller Magisterial District.
The applicant was requesting deferral to November 9, 1989.
Mr. Wilkerson moved, seconded by Mr. Michel, that ZMA-89-17 be deferred to
November 8, 1989. The motion passed unanimously.
ZTA-89-12 - The Albemarle County Board of Supervisors has adopted a
Resolution of Intent to amend Article 1 - General Provisions of the Zoning
Ordinance to include recent provisions added to the Code of Virginia.
There was very little discussion about this item, and no public comment.
Mr. Stark moved, seconded by Mr. Wilkerson, that ZTA-89-12 to amend
Article 1 of the Zoning Ordinance to include recent provisions added
to the Code of Virginia be recommended to the Board of Supervisors for
approval as follows:
October 17, 1989
Page 2
ARTICLE I.. GENERAL PROVISIONS
1.0 AUTHORITY ESTABLISMgENT PURPOSE AND OFFICIAL ZONING MAP
1.1 AUTHORITY AND ENACTMENT .
This ordinance, to be cited as the Zoning'Ordinance of
Albemarle County, is hereby ordained, enacted and published
by the Board of Supervisors of Albemarle County, Virginia,
pursuant to the provlzions of Title 15.2, Chapter 11,
Article 8, Code of Virginia, 1950, and amendments thereto.
1.2 AMENDMENT TO ADOPT
An ordinance to reenact and readopt the'Albemarle County
Zoning Ordinance and the -Albemarle -County Zoning.Map.
Be it ordained by the Board of Supervisors of Albemarle -
County, Virginia: That the following ordinance known as the
Zoning Ordinance of Albemarle County, Virginia, together
with the Zoning Map attached thereto, be and the same are,
readopted and reenacted effective immediately upon adoption
of this ordinance'.
.1.3 EFFECTIVE DATE, REPEAL OF CONFLICTING ORDINANCES
This Zoning Ordinance of Albemarle County, Virginia, shall
be effective at and after 5:15 P.M., the 10th day of Decem-
ber, 1980 and at the same time the Albemarle County "Zoning
Ordinance" adopted December 22, 1969, as amended, is hereby
repeale&.
1.4 PURP05E 2kND INTENT
This ordinance, insofar as is practicable, is intended to be
in accord with and to implement the Comprehensive.Plan of
Albemarle County adopted pursuant to the'provisions of Title
j 15.1', Chapter'11, Article 4, Code of Virginia, 1950, as
amended, and 'has the purposes and intent set forth in Title
15.1, Chapter 11, Article 8.
Therefore be it ordained by the Board of Supervisors of
Albemarle County, Virginia, for the purposes of promoting
the health, safety, convenience and general welfare of the
public and of planning for the future development of the
community, that the zoning ordinance of Albemarle County,
together with the official zoning map adopted by'reference
and declared to be a part of this ordinance, is'designed:
1.4.1 To provide for adequate light, air, convenience'of access
and safety from fire, Mood and ether dangers;
717
October 17, 1989
Page 3
0
1.4.2 To reduce or prevent congestion in the public
streets;
1.4.3 To facilitate the creation of a convenient,
attractive and harmonious community;
1.4.4 To facilitate the provision of adequate police and
fire protection, disaster evacuation, civil
defense, transportation, water,,.sewerage, flood
protection, schools, parks, forests, playgrounds,
recreational facilities, airports and other public
requirements;
1.4.5 To protect against destruction of or encroachment
upon historic areas;
1.4.6 To protect against one or more of the following:
over -crowding of land, undue density of population
in relation to the community facilities existing
or available, obstruction of light and air, danger
and congestion in,travel and transportation, or
loss of life, health, or property from fire,
flood, panic or other dangers;
1.4.7 To, encourage economic development activities that
g=ovide desirable employment and enlarge the tax
base;
1.4.8 To provide for the preservation of agricultural
and forestal lands;
14 To Rrotect a22roach sla es and other safety areas
of licensed airports; and
1,.. 0 To include reasonable provisions, not inconsistent
with the applicable state water_quality standards
to Protect surface water and groundwater defined
in Section 62.1-44.85(8) of the Code of Virqinia.
173
.October 17, 1989
Page 4
1.5 RELATION TO ENVIRONMENT
This ordinance is designed to treat lands which are
similarly situated and environmentally similar in like
manner with reasonable consideration for the existing
use and character of properties, the Comprehensive
Plan, the suitability of property for various uses, the
trends of growth or change, the current and future land
and water requirements of the community for various
purposes as determined by population and economic
studies and other studies, the transportation
requirements of the community, and the requirements for
airports, housing, schools, parks, playgrounds,
recreation areas and other public services, the
conservation of natural resources, and preservation of
flood plains, the preservation of agricultural and
forestal land the conservation of properties and their
values and the encouragement of the most appropriate
use of land throughout the county-
1.6 RELATION TO COMPREHENSIVE PLAN
In drawing the zoning ordinance -and districts with
reasonable consideration of the Comprehensive°Plan, it
is a stated and express purpose of this zoning
ordinance to create land use regulations which shall .
encourage the realization and implementation of the
Comprehensive Plan. To this end: development is to be
encouraged in Villages, Communities and the Urban Area;
apeeia�-rese�trees- �se�t�d.isg-bit-sat-�im�teel-ta
agr�ee.�t�xra�f feresta�-xands;-f'saed-p�a�tns ;-er�t�ea�
s�epes;l-seenie-reaels;-stream-and-r��ers;-asd-vdatersheds
ef-water-supply-imroundmests-are-to-be-eitserved-andfer
protected -and-development-ef-ether-Rura"=-Bands-is-te
lie-permitted-at-limited-seales-and-ratesT where
services and utilities are available and where such
development will not conflict with the
a'ricultural forestal or other rural ob'ectives• and
development is not to be encouraged in. the Rural Areas
which are to be devoted to preservation of agricultural
and forestal lands and activities watersu nl
protection, and conservation at'natural scenic and
historic resources and where only limited dellvery of
nvhlic services is intended.
The motion passed unanimously.
.17�
October 17, 1989 Page 5
ZTA-89-13 - The Albemarle County Board of Supervisors has adopted a
Resolution of Intent to amend Section 10.0 Rural Areas of the Zoning
Ordinance as it relates to the statement of intent and subdivision of land,
and uses permitted.
Though this topic had been discussed at length at an October 10th work
session, Mr. Keeler briefly reviewed the proposed changes.
The Chairman invited public comment.
Mr. Jim Skove addressed the Commission. He questioned the advantage of
a "rural preservation area," and asked if there was incentive for
property owners. The following advantages were discussed:
--Will be able.to move everything out of more environmentally
sensitive areas and thus lower road costs;
--The ability to cluster is an advantage to the developer;
--Will make smaller lots available in the rural areas for which
there is a demand;
--Will allow farmers to sell small parcels of their land during
lean years;
--Will be more attractive to purchasers because the surrounding
acreage will be under a -perpetual easement and will not be
developed.
Mr. Keeler stated staff feels this is a "better way to develop in the
rural areas given the fact that development is going to occur."
There being no further public comment, the matter was placed before
the Commission.
Sec. 10.2.2
Mr. Keeler noted that items 44 and 45/(Fairgrounds/ Exposition Grounds and
Farmer's Market) which were listed in the preview document were not
going to be included at this time because of the lack of a clear
definition.
Mr. Stark moved that ZTA-89-13 to amend the Zoning Ordinance as it relates
to Rural Areas be recommended to the Board of Supervisors for approval
as follows, with the understanding that Fairgrounds/Exposition Grounds and
Farmer's Market would not be included in Section 10.2.2 until such time
as a clear definition has been established:
/ �3
October 17, 1989
Page 6
10.0
10.1
RURAL AREAS DISTRICT RA
INTENT, WHERE PERMITTED
1.
This district (hereafter referred to as RA) is
hereby created and may hereafter be established by.
amendment of the zoning map te-peitit-a-limited
amet�nt-ef-le�re�-density-�esielential-development-in
a�ea9-ef-tl�e-eet�nty-designated-in-tie
eamp�ekensi�e-plan-as :---6the�-Rrx�al-hands-�rhiel�
l�a�re-ne-distineti�e-en�rirenmental-eka�aete�isties;
eritieal-Slapes 7 -end-Agrierditural-eanservatien
,areas for the following purposes:
Preservatioi
ricultural and forestal
lands and activities;
- Water supplyprotection;
Limited service delivery to the rural areas;
and
Conservation of natural, scenic, and historic
resources.
Residential development not related to bona fide
agricultural/forestal use shall be encouraged to
locate in the urban area, communities, and
villages as designated in the com rehensive 21an
where services and utilities are available and
where such development will not conflict with the
agricultural/forestal or other rural objective.
Where development does occur, _ rural residents
should expect to receive a lower level of service
delivery than will be provided to residential
developments_ in designated growth areas. In
relation to residential development,
agricultural/forestal activities shall be
regulated only to the extent necessary to protect
public health and safety.
In regard to agricultural eanservatien
preservation, this -district is intended to
eenserve preserve the county's active farms and
best agricultural and forestal lands by providing
lot areas designed to insure the continued
availability of such lands for preferential land
use tax assessment in order to enhance the
1
176
October 17, 1989
Page 7
economy, and maintain employment and lifestyle
opportunities. In addition, the continuation and
establishment of agriculture and
agriculturally -related uses will be encouraged,
and landowners will be encouraged to employ
Virginia State Water Control Board best mana emen
practices.
It is intended that permitted development be
Permitted -an restricted to land which is of
marginal utility for agricultural/forestal
purposes, provided that such development be
carried out in a manner which is comp4tible with
the-agricultural-aetivlty-of-the-area with other
Durposes of this district. ln-addltlen�-lt_ls
intended-that-sueh-develegmeat-eee��-ln-leeatlans
aad-at-sealer-eempatlble-te-the-physieal
eharaeterlstles-of-the-land-and-ta-the
availability-ef-p�blie-etilltles-and-faeillties-te
suppet-sueh-development. Roadside strip
development is to be discouraged through the
various design requirements contained herein.
10.2 PERMITTED USES
1n.2.1 BY RIGHT
The following uses shall be permitted in any RA
district subject to the requirements and
limitations -of those regulations:
1. Detached single-family dwellings, including
guest cottages and rental of the same;
provided,:that yard, area and other
requirements of section 10.4, conventional
development by right, shall be met for each
such use whether or not such use is on an
individual lot subject to,section 10.3.
2. Side -by -side duplexes subject to the
provisions of section 10.4; provided that
density is maintained and provided that
buildings are located so that each unit could
be provided with a lot meeting all other
requirements for detached single-family
dwellings except for side yards at the common
wall. Other two-family dwellings shall be
permitted provided density is maintained.
October 17, 1989
3.
s'
4.
5.
6.
7.
Page 8
Agriculture, forestry, and fishery uses except as
otherwise expressly provided.
Game preserves, wildlife sanctuaries and fishery uses.
Wayside stands for display and sale of agricultural
products produced on the premises (reference 5.1.19).
Electric, gas, oil and communication fki.lities
excluding multi -legged tower structures and including
poles, lanes, transformers, pipes, meters and related
facilities for distribution of local service and
owned
and operated by a public utility. Water
tion
and sewerage collection lines, pumping°:stations and
appurtenances owned and operated by the, Albemarle
County Service Authority. Except as otherwise
expressly provided, central water supplies
Chapter and central
sewerage systems in conformance with
of the
Code of Albemarle and all other applicable law.
1.
Accessory eses and ference 5�2)dandsstorageingxbualdingsng home �cupation,
Class A (r
S. Temporary construction uses (reference 5.1.18).
9. public uses and buildings such as schools, offices;
parks, playgrounds and roads funded, owned or operated
by local, state or federal agencies (reference 31.2-5);
public water and sewer transmission, main or trunk
lines, treatment facilities, pumping stations and the
like, owned and/or operated by the Rivanna Water and
Sewer Authority.(reference 31.2.5; 5.1.12)•
10. Temporary sawmill (reference 5.1.15 and subject to
performance standards in 4.14).
il. veterinary services - off -site treatment only.
12. Agricultural service occupation (subject to performance
standards in 4.14).
13. Divisions of land in accordance with section 10.3.
1.4. Tourist lodging (reference
15. Mobile homes, individual, qualifying under the
following requirements (reference 5.6)=
a. A property owner residing on the premises in a
permanent home wishes to place a mobile home on
such property in order to maintain a full-time'
agricultural employee.
/ 71
October 17, 1989
Page 9
b. Due to the destruction of a permanent home an
emergency exists. A permit can be issuedinthis
event not to exceed twelve (12) months.
he
zoning administrator shall be authorized to issue
permits in accordance with the invent of this
ordinance and shall be authorized to require or
seek any information which he may determine
necessary in making a determination of cases "a"
and "b" of the aforementioned use's .
16. Temporary mobile home -pest in accordance with section
5.7.
17. Farm winery (reference 5.1.25). (Added 12-16-81)
18. Borrow area, borrow pit, not exceedinc!"an aggregate
volume of fifty thousand (50,000) cubic yards including
all borrow pits and borrow areas' on any one parcel of
record on the adoption date of this provision (refer-
ence 5.1.28) . ( Added 7-6-83 ) =fir
10.2.2 BY SPECIAL USE PERMIT
1. community center (reference
2. Clubs, lodges, civic, patriotic, fraternal (reference
5.1.2).
3. Fire and+rescue squad stations (reference 5.1.9).
q. Swim, golf-7tennis or similar athletic facilities
(reference
5. Private schools.
6. Electrical power substations, transmission lines and
related towers'; gas or oil transmission lines, pumping
stations and appurtenances, unmanned telephone exchange.
centers; micro -wave and radio -wave transmission and
relay towers, substations and appurtenances.
7. Day care, child care or nursery facility (reference
5.1.6).
8. (Repealed 3-5-86)
9. Mobile home subdivisions (reference
10. Mobile homes on individual lots (reference 5.6).
11. Hog farms.
12. Horse show grounds, permanent.
1.3. custom slaughterhouse. F
(Supp. #31, 3-5-86)
IN 1 ,
10
14. Sawmills, planing mills and woodyards (reference 5.1.15
and subject,to:performance standards in 4.14).
= 15.. .Group homes and homes for developmentally disabled
persons as described in section 15.1-486.2 of the Code
( reference 5.1.7_).
16. Commercial stable (reference 5.1.3).
17. Commercial kennel (reference 5.1.11 and
subject to performance standards in 4.14).
18. Veterinary services, animal hospital
(reference 5.1.11 and subject to performance
standards in 4.14).
19. Private airport, helistop, heliport, flight
strip (reference 5.1.1).
20. Day camp, boarding camp (reference.5.1.5)
21. Sanitary landfill (reference 5.1.14).
22'. Country store.
23. Commercial fruit packing-planti or
agricultural Produce, packing plants.
24. Motels-er-Imms.
25. Flood control dams and impoundments.
26. Restae�rasts-�eeateel-ea-er-adjaeent-te-r�ete�
premises.
27. Restaurdnts and inns located within an
historic landmark as designated in the
comprehensive plan provided such structure
has been used as a restaurant, tavern or
inn; 'in such case the structure shall be
restored as faithfully as possible to the
architectural character of the period and
shall be maintained consistent therewith.
28. Division of land as provided in section 10.5.
29. Boat landings and canoe livery.
30. Permitted residential uses as provided in
section 10.5.
31. Home occupation, Class B (reference 5.2).
32. Cemetery.
33. Crematorium.
34. Multi -crypt mausoleum.
35. Church building aid ,adjunct cemetery.
October 17, 1989
Page 11
36. Gift, craft and antique shops.
37. Public garage. (Added-3-18-81).
38. Exploratory drillings. (Added 2-10-82)
39. Hydroelectric power generation (reference
5.1.26). (Added 4-28-82)
40. Borrow area, borrow pit not -permitted under
section 10.2.1.18. ( Added 7-6--83 )
41. Convent, Monastery (reference 5.1.29).
(Added 1-1-87)
42. Temporary events sponsored by'local nonprofit
organizations which are related to, and
supportive of the RA, rural areas, district
(reference 5.1.27). (Added 12-=2-87)
43. Agricultural Museum (reference 5.1.30).
(Added 12-3-87)
October 17, 1989
Page 12
10.3 APPLICATION OF REGULATIONS FOR DEVELOPMENT BY
RIGHT
The following provisions shall apply to any parcel
of record en-t%e-elate-af-aelepen-of-tl�s
erdinanee at 5:15 p.m., the loth day of December,
1980 (reference 6.5):
CONVENTIONAL DEVELOPMENT
10.3.1 Regulations in section 10.5 governing development
by right shall apply to the division of -a parcel
into five (5) or fewer lots of less than
twenty-one (21) acres in area and to the location
of five (5) or fewer dwelling units on any parcel
in existence at the time of adoption of this
ordinance; provided that the aggregate acreage
devoted to such lots or development., -shall not
exceed thirty-one (31) acres, except
,in:such _case
where this aggregate acreage limitation is
precluded by other provisions of this ordinance.
Nor shall_ such aggregate acreage limitation
preclude exercise of division rights in such case
where division rights have been allocated by
division of land since adoption of this ordinance
but prior to the effective date of this -provision
in such manner as to preclude compliance with this
pro_vision;_provided that, where possible, the
residue acreage following exhaustion of division
rights shall be 21 acres or more.
10.3.2 In addition to the foregoing, there shall be
permitted by right any division of land into
parcels each of which shall be twenty-one (21)
acres or more in area. No such parcel shall be
included in determining the number of parcels
which may be created by right pursuant to section
10.3.1; provided that (a) no such division shall
affect the number of parcels which may be divided
pursuant to section 10.3.1; (b) there may be
located not more than one (1) dwelling unit on any
parcel created pursuant to this section; (c) at
the time of any such division, the owner of the
parcel so divided shall designate the number of
parcels into which each parcel so divided may be
further divided pursuant to section 10.3.1; and
(d) no such division shall increase the number of
parcels which may be created pursuant to section
10.3.1.
10.3.3 RURAL PRESERVATION DEVELOPMENT
/#A
October 17, 1989
Page 13
10.3.3.1 DEFINITIONS: The following definitions shall
apply to any rural preservation development
z created under the provision of 10.0 Rural Areas
District, RA:
a. Development lot: A lot within a rural
preservation development, other than a rural_
preservation tract, created for the purpose
of residential or other permitted usage.
b. Rural Preservation Development: A
subdivision of land consisting of development
lots together with a rural preservation
tract. wt
C. Rural Preservation Tract: A,lot_the usage
and diminishment of which is restricted and
protected by legal arrangementsto insure its
maintenance and preseryation_fbr the purpose
of: preservation of agricultural and
forestal land and activity; water supply
protection; and/or conservation of _natural,
scenic, or historic resources.
10.3.3.2 INTENT; DESIGN STANDARDS: The rural preservation
development option is intended to encourage more
effective land usage in terms of the goals and
objectives for the rural areas as setforth in the
comprehensive plan than can be achieved under
conventional development. To this end,
application for rural preservation development
shall be reviewed for:
a. Preservation of agricultural and forestal
lands and activities;
b. Water saply protection; and/or
C. Conservation of natural, scenic, or historic
resources.
More specifically, in accordance with design
standards of the comprehensive_ plan and where
deemed reasonably practical by the commission
d. Development lots shall not encroach into
prime, important, or unique agricultural or
forestal soils as the same shall be shown on
the most recent published maps of the United_
Stated Department of Agricultural Soil
Conservation Service or other source deemed
-- of equivalent relia.biliLy by the Soil_
Conservation Service;
October 17;, 1989 Page 14
e. Development lots shall not encroach into
areas of critical slope or floodplain and
shall be situated as far as possible from
public. drinking water supply tributaries and
public drinking water --supply impoundments;
f. Development lots shall be so situated and
arranged as_to_ re_s-_erve historic and scenic
settings deemed to be of importance to the
general public and natural resource areas_
whether such features are on the parcel to be
developed or adjacent to such parcel;-_
qL. Development lots shall be conf inedtto one
area of the parcel and shall be situated so
that no portion of the rural preservation
tract shall intrudebetween--a_ny development
lots;
4.
h. All development lots shall have access
restricted to an internal street in
accordance with Cha ter 18 of the Code of
Albemarle.
i. Nothing stated herein shall be deemed_ to
obligate the commission to approve a rural
preservation development upon finding in a
particular case that such proposal does not
forward the purposes of rural preservation
development -as setforth herein above and the
the public purpose to be served would-be
equally or better served by conventional
development.
10.3.3.3 SPECIAL PROVISIONS: In addition to_de_sign
standards as setforth in 10.3.3.2 and other
regulation, the following -special provisions shall
apply to anvrural preservation development:
a. The maximum number of lots within a rural
preservation development shall be the same as
may be achievable pursuant to Section 10.3.1
and Section 10.3.2 and other applicable law._
Each rural preservation tract shall count as
one (1) lot.
b. Section 10.3.3.3(a) n
preservation developm
than twentv (20) deve
more than (2 0 )__deve
of a special use pe
10.5.2..
withstandina. no rural
t shall contain more
pment lots; except
visors may authorize
ent lots by issuance
pursuant to Section
/N
October 17, 1989
Page 15
C. Provisions of 10.3.3 Rural Preservation
Development shall be a2plied to the entire
parcel. Combination of conventional and
rural preservation development within the
parcel shall not be permitte_d1 provided that
the total number of lots achievable under
Section 10.3.1 and Section 10.3.2 shall be
permitted by authorization of more than one
(1) rural preservation tract. Nothing
contained herein shall be deemed to preclude
the commission from a22roving a rural
preservation development for multiple tracts
of adjoining land; or on land divided or
otherwise altered prior to the effective date,
of thisprovision; provided that in either
case, the 2rovisions of section 10.3.3 shall
be applicable.
d. The area devoted to development lots together
with the area of roadway necessary to provide
access to such lots shall not exceed the
number of development lots multiplied by a
factor of six (5) expressed in acres.
e. No rural preservation development shall
contain less than one (1) rural_ preservation
tract. The commission may authorize more
than one (1)rural preservation tract in a_
articular case pursuant to the various
ur oses of rural preservation development as
setforth in Section 10.3.3.2 or in accord
with Section 10.3.3.3(c),___as_the case may be.
f. No rural preservation tract shall consist of
less than fort (40) acres. Except as
specifically permitted by the commission at
time of establishment not more than one (1)
dwelling unit shall be located on any rural
preservation tract or development lot. No
rural preservation tract shall be diminished
in area except by exercise of eminent domain_
by a 2ublic agency. These restrictions shall
be guaranteed by perpetual easement accruable_
to the board of supervisors and the Public
Recreational Facility Authority of Albemarle
County in a form acceptable to the board. In
accordance with Chapter 18 of the Code of
Albemarle, the director of planning and
community development shall serve as agent
for the board of su ervisors to accept such
easement. Thereaf ter,__such easement may be
modified or abandoned only by mutual
agreement of all parties to the original
agreement.
October 17, 1989
Page 16
10.4 AREA AND BULK REGULATIONS
REQUIREM&NTS
DIVISIONS BY RIGHT
DIVISIONS BY SPECIAL USE PERMIT
(Amended
8-14-85)
Gross Density
.0.5 du/ac
- 0.5 du/ac
Minimum lot size
2.0 acres
2.0 acres
Minimum frontage
existing public
roads
250 feet
250 feet
Minimum frontage
internal public
or private roads
• 150 feet
150 feet
Yards, minimum:
Front
75 feet
75 feet
Side
25 feet
25 feet'
Rear
35 feet
35 feet
Maximum eF
structure
height
35 feet
35 feet
10.5 SPECIAL PROVISIONS FOR MULTIPLE SINGLE-FAMILY
DWELLING UNITS
10.5.1 LIMITATIONS ON DIVISION PERMITTED BY RIGHT
Divisions of land --shall be permitted as provided
hereinabove;,except that no parcel of land of
record on the date of the adoption of this
ordinance may be divided into an aggregate of more
than five (5) parcels except as provided in
sections 10.3.2 and 10.5.2 hereof nor shall there
be constructed on any such parcel an aggregate of
more than five (5) units, exeept-as-previded-ia
seetlens-19�3�2-and-16-5-�-he:rcef.
10.5.2 WHERE PERMITTED BY SPECIAL USE PERMIT
10.5.2.1 siens-ef-seetien-lOr3-2
The Board of Supervisors may authorize the
issuance of a. special use permit for: the
d�rvls�en-ef-a-pareel-late-mare-than-five-f 5}-lets
ar-tl°le-sane'�rt�etlen-oa-a-e�ng�e-parse?•-ef-mere
tl°ian-five-f r'}-elaaelling-unfits-at-e-gres9-densltp
aet-ta-exeeed-ese-dwellwne�-t�r��t-peg-twe-ae�es
-
/SG
October 17, 1989
Page 17
5. The relationship of the property in regard to
developed rural areas. For the purposes of
this section, a property shall be deemed to
be located in a'developed rural area if fifty
(50) percent or more of the land within one
(1) mile of the boundary of such property was
in parcels of record of five (5) acres or
less on the adoption date of this ordinance.
In making this determination, mountain
ridges, major streams and other physical
barriers which detract from the cohesiveness
of an area shall be considered. „
6. The relationship of the proposed development
to existing and proposed population centers,
services and employment centers. A property
within areas described below shall be deemed
in proximity to the area or use.described:
t.
a. Within one mile roadway distance of the
urban area boundary as described in the
comprehensive plan;
b. Within one-half mile roadway distance of
a community boundary as described in the
comprehensive plan;
C. Within one-half mile roadway distance of
a ape--v�age-e�-wtl�n-ase-�iaf--�n�e
of-tie-major-eressreads-ef-a-Tyge-iI
village as described in the
comprehensive plan. (Amended 6-3-81)
7. ' The probable effect of the proposed
development'on capital improvements
programming in regard to increased provision
of services.
8. The traffic generated from the proposed
development would not, in the opinion of the
Virginia Department of Highways -and
Transportation:
a. Occasion the need for road improvement;
b. Cause a tolerable road to become a
nontolerable road;
C. Increase traffic on an existing
nontolerable road.
October 17, 1989
Page 18
a. more lots than the total number 2ermitted
under section 10_.3_.1 and 10.3.2; provided
that no such permit shale be issued for
property within the boundaries for the
watershed of any public drinking water su221
impoundment; and/or
b. more development lots than permitted under
section 10.3.3__3ib)
The Board of Supervisors shall determine that such
division anVer--eenstruetien is compatible with
the neighborhood as setforth in section'31.2.4.1
of this ordinance, with reference to goals and
objectives of the comprehensive plan relating to
rural areas including the type of division
proposed and specifically, as to this section
only, with reference to the followir�g:
1. The size, shape, topography and existing
vegetation of the property in relation to its.,
suitability for agricultural or forestal
production as evaluated by the United States
Department of Agricultural Soil Conservation
Service of the Virginia Department of
Forestry.
2. The actual suitability of the soil for
agricultural or forestal production as the
same shall be shown on the most recent
published maps of the United States
Department of Agriculture Soil Conservation
or other source deemed of equivalent
reliability by the soil Conservation Service.
3. The historic commercial agricultural or
forestal uses of the property since 1950, to
the extent that is reasonably available.
�!. If located in an agricultural.or forestal
area, the probable effect of the proposed
development on the character of the area.
For the purposes of this section, a property
shall be deemed to be in an agricultural or
forestal area if fifty (50) percent or more
of the land within one (1) mile of the border
of such property has been in commercial
agricultural or forestal use within five.(5)
years of the date of the application for -
special use permit. In making this
determination, mountain ridges, major streams
and other physical barriers which detract
from the cohesiveness, -,...of an area shall be
y l
considered.
1 9ir
October 17, 1989
Page 19
9: W�tl°1-respeet-te-app��eat�ens-fer-spee�a�-use
permits-fer-Ianel- lying -who 3:+y-er-partially
w�tl�fn-tl�e-beundar�es -fer- tie-watershed-ef
any-public-drinking-water-fmpeumdment 7 -t ie
fe��ew�ng-add�t�ena�-faeters-sha��-be
eensidered-
a: The-amennt-and-quality-of-existing
aegetat�tie-ee�er-as-rebated-te
f��trat�ea-ef-sediment-•-phesphert�s ;
�ieatry-metals ,-n�tre�en-and-etYter
substances-determined-harmft�.�,.te-water
gt�a��t�*-fey-bt�an-eenst�rnpt�en;
b. The-extent-te-whieh-existing-vegetative
eager-wet��d-be-remeeed-er-d�stt�rbed
elurf.ng-tl�e-eenstrt�et�en-phase-ef -any
develepment7
,Y
e: the-amount-af-fmpervfeus-ee�re�--wb�eb
will-exist-after-develepment7
d. The-proximity-ef-any-paved-+pervious-or
fmper�r�eus}-areal-strueture7-e�--d�a�n
f�e�d-te-any-perenn�a�-er-intermittent
stream-or-fmpetzndment,-er-dt�r�ng-the
eanstruetfan-phase;-the-prex�m�ty-of-and*
disturbed-area-to-any-sueh-stream-er
impoundment;
e- The-type-and-eharaeterfsties-ef-sells
including-suitability-for-septie-field
and-eredability7
f: The-peieentage-and-length-ef-all-slepes
' sub�eet-te-disturbance-during
eenstruet�en-er-open-w�i�eh-any
structure,-pa�*ed-area-fper��ens-er
�mpervfeus}-er-aet��e-reereatfana�-area
shall-exist-after-develepment7
g: �k�e-estimated-d�rat�en-and-tfm�ng-ef-the
eenstrttetfon-phase-ef-any-prepased
de�e�epmer�t-and-extent-te-whfe�i-such
d*dration- and- timing- are -unpredfetable 7
h- the-degree-te-wl�fe�i-er�g�na�-tepegraphy
er-vegetative-eever-have-been-altered-in "
antfefpatfen-ef-ff��ng-for-any-permit
hereumder7
/f'?
October 17, 1989
Page 20
�- �Fhe-extent-te-�ahieh-the-standards-ef
ehapte�-19:1-et-seq:-af-the-�eele-ef
Aibemarie-ean-eni.y-be-met- through- the
ereat+en-ef-aPtifieiai-devieea;-which
deviees-wiii-
is Regt�i�e-pe�iedie-inspeetien-andfe�
�taintenanee;
27 Are -suseeptibie-te=failure-er
eve�f iew-fey-�t�n-eff-asseeiated
with-
any- One -hundred-yeas-er-mere
intense-sterm:
10.5.2.2 MATERIALS TO BE SUBMITTED BY THE APPLICANT
The commission and the board of supervisors may
require the applicant to submit such,.information
as deemed necessary for adequate review of such
application provided that such information shall
be directly related to items 1, 2, 3 and-9 of
section 10.5.2.1.
Mr. Michel seconded the motion which passed unanimously.
ZTA-89-14 - The Albemarle County Board of Supervisors has adopted a Resolution
of Intent to amend the definition_of public garage.
Mr. Keeler briefly explained that the purpose of this amendment was to delete
certain activities inappropriate to the Rural Areas.
There being no public,comment, the matter was placed before the Commission.
Mr. Jenkins moved that ZTA-89-14 to amend the definition of public garage
be recommended to the Board of Supervisors for approval as follows:
Garage, Public: A building or portion thereof, other than a
private garage, designed or used for servicing or repairing,.
e��}rig;-erg#erg;-se��g;-a-ae�ag motor driven vehicles.
Mr. Rittenhouse seconded the motion which passed unanimously.
ZTA-89-15 - The Albemarle County Planning Commission has adopted a Resolution
of Intent to include temporary mobile classroom in all districts under the pro-
vision that relates to public uses and buildings.
Mr. Keeler briefly reviawd this item. There was some confusion on the part of
the Commission as to the advantages of the proposed amendment. Mr. Keeler
explained that this amendment would essentially return the process to the way
it had been before a former Zoning Administrator changed it, i.e. the Commission,
/9a
October 17, 1989
Page 21
if it so desires, can authorize the staff to handle requests for mobile classrooms
administratively, but requests for other types of mobile units will require
Commission review. To assure that the process is understood by both the
Commission and staff, staff offered to prepare a "memo of understanding" which
will describe how these requests will be handled.
There being no public comment, the matter was placed before the Commission.
Mr. Wilkerson moved that ZTA-89-15 to amend the Zoning Ordinance to include
temporary mobile classrooms under public uses in all zoning districts be
recommended to the Board of Supervisors for approval as follows:
X. Public uses and buildings including temporary or mobile facilities
such as schools, offices, parks, playgrounds and roads funded, owned or
operated by local, state or federal agencies (reference 31.2.5); public
water and sewer transmission, main or trunk lines, treatment facilities,
pumping stations and the like, owned and/or operated by the Rivanna Water
and Sewer Authority (reference 31.2.5; 5.1.12).
AMEND 10.2.1.9, 12.2.1.9, 13.2.1.9, 14.2.1.9, 15.2.1.11, 16.2.1.12, 17.2.1.12,
18.2.1.12, 19.3.1.7, 20.3.1.7, 22.2.1.18, 23.2.1.8, 24.2.1.36, 25.2.1.3,
25A.2.1.3, 27.2.1.12, 28.2.1.21.
Mr. Michel seconded the motion which passed unanimously.
MISCELLANEOUS
Critical Slopes - Mr. Rittenhouse raised the question of whether or not the
Ordinance addresses the issue of the "maximum slope which can result from grading
during development." Mr. Keeler explained that there is no specific provision
in the Ordinance and staff relies on the Engineering Department to make
recommendations in individual cases. Mr. Rittenhouse referred specifically
to the Humagen site on Avon Street and stated that the slopes there are "almost
vertical." Mr. Bowerman stated that historically what has been allowed is
a "maximum slope of 2:1 OR a retaining wall." Mr. Rittenhouse expressed
concern about the inconsistency of disallowing disturbance of a 4:1 slope and
then allowing the creation of a slope that is objectionable. Mr. Cilimberg
stated staff would talk with Engineering on both the general and the specific
application of the standard. It was also agreed that staff would investigate
the Humagen site.
Applicant Presentations - There was a discussion about the possibility of
limiting "structured" presentations to 10 minutes. Mr. Jenkins advised the
Commission that it was his intent to make a motion to that effect at the
next Commission meeting. This matter was discussed at some length with no
actual solution being arrived at. It was agreed that this was a difficult
issue to resolve. Mr. St. John pointed out that it was important that all
sides be treated the same in a given application. It was also agreed
that if an applicant presented information at a meeting which staff was
unfamiliar with, the item should be deferred, and staff should make the
Commission aware of this situation at the beginning of the presentation.
It was finally agreed that some flexibility was necessary with the final
determination to be left to the Chairman with the advisement of other
members of the Commission.
1911
October 17, 1989
Page 22
Meeting Dates - October jl meeting cancelled; rescheduled for Thursday, 'November
2. November 7 meeting cancelled; rescheduled for Thursday, November 9.
'Next work session on Hollymead Community will be 5:15, Thursday, November 9.
There being no further business, the meeting adjourned at. 9:00 p.m.
DS
rr
L
Y. Wayn e011imSers, Secre ary
011
/5PZ