HomeMy WebLinkAbout11 06 90 PC MinutesNOVEMBER 6, 1990
The Albemarle County Planning Commission held a public
hearing on Tuesday, November 6, 1990, Meeting Room 7, County
Office Building, Charlottesville, Virginia. Those members
present were: Mr. Keith Rittenhouse, Chairman; Mr. Harry
Wilkerson, Vice Chairman; Mr. Phil Grimm; Mr. Tom Jenkins;
Ms. Ellen Andersen; Mr. Walter Johnson; and Ms. Babs Huckle.
Other officials present were: Mr. Wayne Cilimberg, Director
of Planning and Community Development; Mr. Ronald Keeler,
Chief of Planning; Mr. Bill Fritz, 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
October 23rd were approved as amended.
SP-90-87 Samantha E. Ma er - Request in accordance with
Section 5.6 of the Zoning Ordinance for the issuance of a
special use permit to locate a single wide mobile home on
property described as Tax Map 121, Parcel 90, Scottsville
Magisterial District. The property is located on the south
quadrant of intersection of Rt. 715 and Rt. 20 South. This
property is not located within a designated growth area.
The applicant was requesting withdrawal of the petition.
Mr. Wilkerson moved, seconded by Mr. Jenkins, that the
applicant's request for withdrawal be accepted. The motion
passed unanimously.
ZMA-90-18 J.S. & Frances Barnett - The applicant is
requesting that 1.7 acres be rezoned from LI, Light Industry
to HC, Highway Commercial (PROFFERED). Property, described
as Tax Map 77, Parcel 8A is located on the west side of
Route 742 approximately 2/10 mile south of the Corporate
Limits of Charlottesville in the Scottsville Magisterial
District. This site is located with a designated growth
area.
Mr. Fritz presented the staff report. Staff recommended
denial for the following reasons: (1) Inconsistency with
the Comprehensive Plan; (2) Proposed zoning may increase
traffic as compared to existing zoning; (3) Request would
allow for the exapnsion of a nonconforming use; (4)
Existing structure contains no specialized equipment for the
repair of motor vehicles; and (5) The deletion of
industrially zoned property which has access to public water
and sewer.
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November 6, 1990 page 2
The applicant was represented by Mr. Bill Porter. He
described briefly the history of the property and explained
that it had been in auto sale usage for some time. He
stated the site had been underutilized because only 2/3 of
an acre of the total 1.7 acres has been used. He explained
the applicant's proposal to combine two existing business
operations. He explained that there were several violations
in existence on the site (by a previous user) and he felt
the applicant's proposal would significantly improve the
site. He felt that several surrounding uses were of "HC
character." He cited a similar request which he felt
established precedent for approval of this request (i.e.
Robertson Electric). He explained "the site specific use
for this plan will be a used car, foreign, auto repair,
service and sales." He explained that other HC uses would
be proffered out. He felt there was a need for this type of
service in this part of the County. He explained that EPA
regulations for oil disposal will be followed and the oil
will be stored and then removed from the site. He
explained that landscaping would be the same as for LI sites
with significant additional screening. He questioned the
vehicle trip count (800 trips per day), when the applicant
estimates a maximum of 50 customers per day. He stressed
that "everything common to HC has been proffered out."
In response to Mr. Johnson's question, Mr. Porter stated
that the previous business on the site had been closed in
August.
The Chairman invited public comment.
Mr. Floyd Artrip addressed the Commission and expressed
opposition to the proposal. He felt that the use was not
grandfathered. He quoted from letters from the Zoning
Administrator to the applicant which had indicated that a
used car lot was grandfathered but a repair operation was
not (1988) and that auto repairs were not permitted on the
site (June, 1990). (Mr. Porter later rebutted this comment
and stated that the applicant could offer documentation
proving that both sales and repairs have been conducted on
the site.) He felt the zoning should remain industrial. He
felt this would encourage surrounding non -conforming uses to
convert to conforming uses.
There being no further comment the matter was placed before
the Commission.
Mr. Rittenhouse stated he supported staff's position. He
noted that the Comprehensive Plan indicates LI use in that
area and there is a need for industrially zoned property
with public utilities.
November 6, 1990 Page 3
Ms. Andersen agreed and moved that ZMA-90-18 for J.S. &
Frances Barnett be recommended to the Board of Supervisors
for denial.
Mr. Johnson seconded the motion.
Discussion:
Mr. Jenkins asked if other uses along the road were
grandfathered. Mr. Keeler replied affirmatively with the
exception of a recently approved special permit (Johnson)
which allowed an automobile towing and storage service.
Commissioners Wilkerson and Grimm indicated support for the
motion. Mr. Grimm felt this would be "an opportunity to
move this area into more conformance with the LI zoning."
The motion for approval passed unanimously.
ZMA-90-16 Southside Church of God - The applicant is
requesting that 3.929 acres be rezoned from R-1, Residential
to HC, Highway Commercial. Property, described as Tax Map
90, Parcel 35B is located on the east side of Route 742
approximately 0.91 miles north of its intersection with
Route 20 in the Scottsville Magisterial District. This site
is located within a designated growth area.
The applicant ws requesting indefinite deferral.
Mr. Wilkerson moved, seconded by Mr. Jenkins, that ZMA-90-16
be indefinitely deferred. The motion passed unanimously.
ZMA-90-17 Hydraulic Sand Company - The applicant is
requesting that 2.377 acres be rezoned from R-1, Residential
to HC, Highway Commercial (PROFFERED). Property, described
as Tax Map 90, parcel 35D is located on the east side of
Route 742 approximately 0.93 miles north of its interseciton
with Route 20 in the Scottsville Magisterial District. This
site is located within a designated growth area.
The applicant was requesting indefinite deferral.
Mr. Wilkerson moved, seconded by Mr. Jenkins, that ZMA-90-17
for Hydraulic Sand Company be indefinitely deferred. The
motion passed unanimously.
ZTA-90-03 David & Mary S radlin - Request to amend Section
10.0 RA, Rural Areas zone to allow "Rural Salvage Yard for
Automobiles" and to amend Definitions.
November 6, 1990
Page 4
AND
SP- 0-25 David Lee and MaU Joan S radl n - The applicant is
petitioning the Board of Supervisors to issue a special use
permit for a rural salvage yard for automobiles, incidental
to public garage. This requires a zoning text amendment.
Property consists of 7.5 acres zoned RA, Rural Areas.
Property, described as Tax Map 104, Parcel 14F1, is located
on the east side of Route 620 approximately 3/4 mile north
of Route 728 in the Scottsville Magisterial District. This
site is not located within a designated growth area.
Mr. Fritz presented the staff report. Staff recommended
denial. The report stated: "Staff comment for the current
zoning text amendment is the same as the comment made for
ZTA-88-04 and staff recommends denial of ZTA-90-03 David and
Mary Spradlin for the following reasons as cited in the
ZTA-88-04 staff report: (1) The Zoning Ordinance currently
contains adequate provision for salvage operations; (2) A
salvage operation bears no relationship to the statement of
intent of the RA zone; (3) In 1987, the Zoning Ordinance
was amended to specifically restrict inoperative motor
vehicles within the RA, Rural Areas zone and residential
zoning districts; and (4) Based on the foregoing and in
view of state efforts to control such uses as outlined in
the Code of Virginia, staff can determine no public purpose
to be served by approval of this amendment."
Regarding the special permit, the report stated: "Staff
comment for the current request is the same as the comment
made during the review of the prior reports and staff
recommends denial of SP-90-25 David and Mary Spradling for
the following reason as cited in the prior staff reports:
(1) Staff opinion is that this location is inappropriate
for a motor vehicle salvage operation in terms of
environmental concerns, relationship to adjoining
properties, and adequacy of transportation facilities; and
(2) SP-88-71 was reviewed 'as to locational and other
guidelines of the HI, Heavy Industrial zoning district and
recommended as not satisfying those guidelines."'
The applicant, Mr. David Spradlin, addressed the Commission.
He explained he was making this request because his
neighbors have expressed a desire for him to continue his
business. He called the Commission's attention to a
petition in the file which indicated the support of his
neighbors. Regarding environmental concerns, he indicated
he had had wells tested and had found there to be problems
with neighboring wells. He explained the nature of his
business.
There being no public comment, the matter was placed before
the Commission.
PIR
November 6, 1990 Page 5
Mr. Rittenhouse noted that the Zoning Text Amendment under
consideration was not site specific and would amend the
Rural Areas to "allow as an accessory use for public
garages, by special use permit, a rural salvage yard for
automobiles."
Mr. Wilkerson stated he fully supported staff's position and
moved that ZTA-90-03 for David & Mary Spradlin be
recommended to the Board of Supervisors for denial.
Mr. Grimm seconded the motion which passed unanimously.
Mr. Rittenhouse then explained that the Commission needed to
take action on SP-90-25 for David and Mary Spradlin in the
event the Board should approve ZTA 90-03.
Mr. Rittenhouse stated he supported staff's position. He
noted that the Board has previously denied this request and
has already made known its feelings about the
appropriateness of the this rural area for a salvage
operation.
Mr. Wilkerson moved that SP-90-25 for David Lee and Mary
Jean Spradlin be recommended to the Board of Supervisors for
denial.
Mr. Grimm seconded the motion which passed unanimously.
ZTA-90-07 Entrance Corridor Overlay District - Proposal to
amend and reenact Section 30.6 Entrance Corridor Overlay
District along the following streets in Albemarle County:
U.S. Route 250E; U.S. Route 29N; U.S. Route 29S; Virginia
Route 20S; Virginia Route 631S; Virginia Route 654; Virginia
Route 742; U.S. Route 250W; Virginia Route 6; Virginia Route
151; Interstate Route 64; Virginia Route 20N; Virginia Route
22; Virginia Route 53; Virginia Route 231; Virginia Route
240; U.S. 29 Business; U.S. Route 29/250 Bypass.
Mr. Keeler presented a brief staff report. He explained
this item was back before the Commission because two roads
which were shown on the map had been inadvertantly omitted
from the original text (Rt. 654 and Rt. 742). He also noted
that some language had been "relocated" so that it would
read better.
Mr. Keeler also noted that the text describes Rt. 631 as
November 6, 1990 Page 6
extending to Rt. 708, while the map shows it as terminating
at the intersection with Rt. 706. (The motion anticipated
the text description for Rt. 631.)
There being no public comment, this matter was placed before
the Commission.
Mr. Johnson moved that ZTA-90-07, the Entrance Corridor
Overlay District, be recommended to the Board of Supervisors
for approval with the text as presented by staff (See
ATTACHMENT A).
Mr. Jenkins seconded the motion which passed unanimously.
Miscellaneous
Change in Procedure for Staff Reports - Following the lead
of the Board in trying to shorten the length of meetings,
the Commission directed staff to condense staff report
presentations to very brief highlights.
Work Session - Water Resource Protection Ordinance - Mr.
Cilimberg reminded the Commisiion of the November 13th work
session on this subject. He noted that this Ordinance would
not be scheduled for public hearing before the Commission,
so this material was being presented to the Commission in a
work session.
There being no further business, the meeting adjourned at
8:30 p.m.
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