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HomeMy WebLinkAbout07 05 77 PC MinutesJuly 5, 1977 The Albemarle County Planning Commission conducted a meeting on Tuesday, July 5, 1977, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members in attendance were Mr. David W. Carr, Chairman; Mr. Peter Easter, Vice -Chairman; Mr. Paul Peatross; Mr. Roy Barksdale; Mr. Leslie Jones; Col. William Washington; Dr. James W. Moore; Mrs. Joan Graves; Mrs. Opal David, ex-Officio. Absent was Mr. Kurt Gloeckner. Other officials present were Mr. Robert W. Tucker, Director of Planning; Mr. Ronald Keeler, Assistant Director of Planning; and Mr. Frederick W. Payne, Deputy County Attorney. Mr. Carr established that a quorum was present and called the meeting to order. Wolverly-Midway rental units site plan: Mrs. Scala addressed the Commission, stating that she understands that several members have viewed the site. She reviewed the recommended conditions of approval. ( Mrs. Graves and Mr. Jones entered the meeting. ) Mr. Sacellary asked if in the future other uses can be permitted on the farm, other uses that are not agricultural in nature. Mr. Carr stated that anyone owning agriculturally zoned property in the County is entitled to use it as is permitted by the County Zoning Ordinance. Some uses,he noted, are permitted by right, and others are permitted by special use permit. Mr. Easter said that he does not feel as though this particular use is a help to the community in which it is located, but if the road will be improved, the applicant is within his rights to do this. He did point out that this will change the character of the neighborhood. Mrs. Graves said that she does not know what the Commission can do to stop this, however she said that she does like the manner the applicant has located the dwellings in the woods and has left the pastureland open. Col. Washington stated that the road will be improved only if adjoining property owners dedicate right-of-way. He noted that this applicant is semi -landlocked by road conditions. Mr. Jones stated that he opposes the site plan on the basis that it is located on a dirt road. Mr. Carr stated that the land is desirable for this type settlement. Though *Awl the use in not in absolute character with what exists, the applicant is within his legal right to do this. Mr. Carr said that this site plan cannot be denied on the basis that it is located on a dirt road. He said that he believed this, especially in view of the other dirt roads in the County. As a matter of fact, he did not believe the plan could be denied on the basis of road conditions. Mr. Peatross moved approval of the site plan subject to the following conditions: 1. Highway Department approval; 2. Grading permit; 3. The applicant is put on notice that no subdivision of this plan can take place as it is now designed, under present ordinances; 4. Central well approvals by appropriate agencies prior to issuance of building permits; 5. Proper recordation of redivided lots. Mr. Easter seconded the motion, on the basis that the applicant has had a good record with other things he has done in the County. The vote was 6-2, with Col. Washington and Mr. Jones dissenting. ZMA-77-10. Biscuit Run, Inc. has petitioned the Board of Supervisors to rezone 201.0 acres from A-1 to RPN/RS-1. Property is located on the west side of Route 631, approximately 2 miles south of Charlottesville, Virginia. County Tax Map 89, Parcels 95 and 95A; County Tax Map 90, Parcels 3 and 5, part thereof. Samuel Miller Magisterial District. Mr. Payne addressed the Commission, stating that there is some question ifthis is a proper application, because it has not been determined if Biscuit Run, Inc. was either the owner or the contract purchaser of the property at the time of application. He stated that the applicant has informed the Planning Office that there is an oral contract, but this is not enforceable in the purchase of land in the state of Virginia. Mr. Payne recommended that the Commission dismiss the application, since it is not properly before them. He further stated that the matter cannot be continued on the motion of the Commission, but could be continued upon the request of the applicant. Mr. Mays, speaking as agent for Mr. C. David Breeden, stated that the applicant is willing to waive his rights to a public hearing before the Planning Commission in ninety days in order to produce written documents substantiating that he is the contract purchaser of the property covered in the application of ZMA-77-10. Mr. Easter said that he is agreeable to the developer requesting the continuance. Mr. Barksdale moved that the Commission accept the applicant's request to waive the public hearing within a 90 day period, and give the applicant until the next Tuesday to have the proper documents in the hands of the Planning Department. The Planning Department and Office of the County Attorney will have one week to review these documents, and if found to be in order, the Commission will consider the request for ZMA-77-10 at its meeting July 19, 1977. Mr. Jones seconded the motion, which carried unanimously. .-�t> i - SP-77-38. George W. Clark has petitioned the Board of Supervisors to locate a custom slaughterhouse on 100 acres zoned A-1 Agricultural. Property is located on the east side of Route 712, approximately one - sow third mile from the intersection of Routes 721 and 29 South. County Tax Map 87, Parcels 57 and 57C. Samuel Miller Magisterial District. Mr. Keeler presented the staff report. Dr. Moore noted that 2 acres has already been subdivided from the 100-acre parcel. Mr. Keeler replied that there is some overlap according to the sketch onto the adjoining property. Mr. Pickford, representing the applicant, stated that the intent was to locate the use on the 2-acre parcel, since he does not intend to tie up the entire 100-acres. He intends to only tie up whatever portion is necessary to complete this use. Mr. Ed Roseberry of the Health Department stated that he did a soil survey on the property. The soil is all right, though it does have its restrictions as to where the building can be located. This is a Health Department requirement. He stated that as it is proposed it meets the Health Department requirements. Dr. Moore asked if the staff's recommendation were based on two acres or 100 acres. Mr. Roseberry stated that it could be done on 2 acres, but with only the proper layout. It is difficult to estimate the water that will be necessary for this use within an 8-hour period. Mr. Easter asked if the stream cuts the property in half. Mrs. Graves asked if other areas have been consulted about requirements for slaughterhouses. Mr. Keeler stated that the Health Department requires 100 gallons of water per head per day, and that a septic field will handle about 2000 gallons per day. Mr. Pickford told the Commission that lots of industries are visible from residences. He doubted there would be much noise, since the idea of a slaughterhouse is to quickly process animals. He also noted that the road conditions suit the character of the neighborhood. Dr. David Baldock said that he had spent four hours on the site. He did not see this as a nuisance type situation, and particularly stated that he did not think it would create noise and odors. Mr. Pickford reminded the Commission that the slaughterhouse will be regulated by state, local and federal agencies. The facility must also satisfy the State Department of Agriculture. Mr. Jim Murray, stating that he was representing an ad hoc group of the Crossroads community, opposed the request. He said that it has been a practice of the County to support the Comprehensive Plan of the County. He also noted that since April, 1977, there have been newly approved subdivisions in the area for residential use. He stated that the Proposed Comprehensive Plan Update calls for a scenic vista in the direction of this proposed use. Mr. Randolph presented a land use map of the area, noting for the Commission that it is primarily agricultural and residential in nature. The following adjoining property owners objected to the request: Mr. Charles Hunt opposed the request on the basis of the narrow,hilly road. He feared noise and odors from the proposed facility. Due to the proximity of streams, he felt the slaughterhouse could become a source for pollution. Mr. W. C. Powell opposed the request on the basis of the road and the flood plain in the area. Mrs. Juanita Block expressed concern about the effect on property values. She said that she had consulted a real estate agent who had informed her a slaughterhouse would certainly have a detrimental effect on resale values. She also expressed concern about school bus travel on the road, with all the additional traffic this would place on the existing road. Mr. Oliver felt that the location was not suitable for this use, and the acreage proposed is inadequate. Mr. Bob Smith opposed the use for the area, stating that it is out of character. Rev. George Green said that the road is dangerous, and the use would not be beneficial to the community. Dr. Speisold said that she respected the opinions of the professionals, but felt that the welfare of the community would be destroyed with this use. She feared that the operation would become larger through the years. The following people also opposed the request becuase of roads, noise, traffic, etc.: Ann Faris, Sharon Hals, Mrs. May, and Curtis Byers. On behalf of farmers in the county, Mr. Mort Sullivan said that he does not oppose the request. Dr. Baldock told Mr. Carr that 2 acres is quite adequate for such an operation. He said that if public sewer were available, he would recommend public sewer. In some cases, he said a septic field would have to be pumped. He stated that almost no blood and grease can go into a septic field, and therefore a series of tanks might be advisable. He expected the operation to serve 50-60 head of livestock per week, with a minimum investment of $150,000. Mr. Peatross questioned the need for a slaughterhouse in the area, and Dr. Baldock stated that the nearest facility is 20 miles away, with a total travel distance of 80 miles. Dr. Gus told the Commission that in other locations, the septic system for the employees is separate from the plant facilities. Mr. Roseberry stated that there is no reason that the one system won't meet the needs of the plan as well as the other facilities. Mr. Jim Murray pointed out to the Commission that the traffic increase on the road would be 60-70% per week. Mr. Pickford told the Commission that there will be good management for this facility and overseeing from several governmental bodies. He assured the Commission that the facility will be properly operated. Mr. Carr closed the public hearing. Mr. Jones stated that he is not opposed to slaughterhouses in the community, but because of the staff report and input from the neighborhood residents, he cannot support this particular request. Dr. Moore stated that he does not see this particular request as meeting the strict requirements formerly discussed when the Commission recommended to the Board that custom slaughterhouses be permitted by special permit in the A-1 zone. Therefore, he said he would have to agree with Mr. Jones and not support the request. Mr. Barksdale said that he agreed with Dr. Moore about this lacking the setback, area, etc. addressed at the time the definition was approved. Mr. Carr stated that he does not believe this is a proper location for a custom slaughterhouse. Mr. Jones moved that the Commission recommend denial to the Board of Supervisors on the grounds of the staff report. Mrs. Graves seconded the motion, which carried unanimously, with no further discussion. SP-77-35. John C. Cockrill has petitioned the Board of Supervisors to locate an electric wholesale supply on 55,160 square feet ( approximately 1.3+ acres ) zoned B-1 General Business. Property is located on Route 20 North, just off Route 250 East, behind Audi-Prosche. County Tax Map 78, Parcels 5C, and 5D, Rivanna Magisterial District. Mr. Keeler presented the staff report, reading the letters from the County Engineering Department and the Virginia Department of Highways. He noted for the Commission since the mailing of the staff report, the recommended conditions of approval have been amended to read as follows: 1. Staff approval of landscape plan. Landscape plan to be executed or bonded prior to occupancy; 2. Approval of this application constitutes a repealer of SP-214 effective August 1, 1977; 3. Approval of appropriate state and local agencies. Mr. Keeler also read a letter from Dr. Charles Hurt requesting vacation of SP-214 ( Tax Map 78, Parcels 5C and 5D, Rivanna Magisterial District ). Mr. Keeler told Mr. Jones that the Highway Department has stated that the entrance and de-cel lane are adequate. Mr. Dave Wood, representing the applicant,stated that the conditions recommended by the staff are acceptable. --may-{- - Mr. Easter moved approval of the special use permit as recommended by the staff, suggested to the three conditions. Mr. Barksdale seconded the motion. Discussion: Mrs. Graves questioned the paving. Mr. Keeler stated that the current occupant expanded the parking facilities. Mr. Carr questioned if there is adequate land left for the landscape plan. Mr. Keeler replied, "Not as shown." Mr. Carr said that he wants to encourage the applicant to properly landscape the property, especially on the front and on the north side of the property. Mr. Dave Wood assured the Commission that the applicant is willing to do this. Mr. Easter asked if the condition addressing the landscaping can be properly handled with this motion. Mr. Tucker said that if the staff is not satisfied with the plan, the matter will come back to the Commission. Mrs. Graves noted her concern that all the items listed in the letter from Mr. Cockrill to Dr. Hurt would be taken care of if there is no site plan approval by the Commission. She suggested amending the motion to include Fire Marshal approval of the propane gas tank. Mr. Easter said that he would not accept this amendment because the code takes care of this matter. The motion to approve subject to the three conditions recommended by the staff carried unanimously. ZTA-77-04. Frieda Agee has petitioned the Board of Supervisors to amend the A-1 Agricultural Zone of the Zoning Ordinance, Section 2-1-25(28), which reads as follows: "Restaurants located on or adjacent to motel premises." The request is to delete the language "located on or adjacent to motel premises." Mr. Keeler presented the staff report, noting that the staff is opposed to further commercialization of the A-1 zone, and therefore recommends denial of this petition. Mrs. Agee stated that when she bought the property there was an old restaurant which has not been used for several years. She said that she would like to be able to operate this facility, with some work that would have to be first accomplished. There is no motel on the premises, and the property is approximately 1/2 mile from the village cluster of Esmont. M Mr. Carr asked if there is any way that this matter could be dealt with. Mr. Keeler told him that in the proposed comprehensive plan, this particular property is shown in the village cluster. Mr. Tucker stated that another alternative would be for the applicant to apply for a rezoning. He also noted that the use is non -conforming and has been out of operation more than two years. Mrs. Graves moved that the Commission recommend denial of ZTA-77-04. Mr. Easter seconded the motion, which carried unanimously. Mr. Carr advised the applicant that she might be interested in visiting the Planning Office to see what her available options are and discussing them with Mr. Tucker. ( Mr. Payne disqualified himself from the discussion and vote of the following item by leaving the room.) SP-77-37. Preston A. Coiner has petitioned the Board of Supervisors to expand an existing recycling plant for outside storage of flat bed trailer trucks for a trucking transfer terminal, on 3 acres zoned M-1 Industrial. Property is located on Broadway Street, in the Woolen Mills area, near the C and O Railway, and north of I-64. County Tax Map 77, Parcels 40E and 40F, Rivanna Magisterial District. Mr. Keeler presented the staff report. He amended the petition, by stating that Parcel 40F is part of the road, and not part of this application. Mr. Easter moved approval of the request subject to the following conditions: 1. Activity limited to area shown on plat ( W. S. Roudabush, 12/3/74 ); 2. Approval of truck parking scheme by Planning Staff and Fire Marshal; 3. Staff review of any building permit application to determine if site plan is required. Mr. Barksdale seconded the motion. Discussion: Mrs. Graves suggested that Fire Marshal approval be added to the list of conditions. Mr. Keeler replied that no one will be living there, only working there. The motion carried unanimously, with no further discussion. ( Mr. Payne reentered the meeting. ) .— 5& The Albemarle County Planning Commission has adopted a resolution of intent to amend Chapter 18 of the Albemarle County Code as it relates to fees for subdivision approval, in order to require a fee for the inspection of roadway construction. Mr. Keeler presented the staff report, stating that the Highway Department no longer inspects roads free of charge. This additional fee will reimburse the County for payments to be made by the County to the Highway Department for the inspection of subdivision streets as they are constructed. The staff recommended the following amendment to Chapter 18 of the Albemarle County Code: Section 18-43. Fees. (b) Final plat. ************** (3) In addition to the foregoing, in the case of any plat on which is shown any road to be dedicated to public use, Five Hundred Dollars per mile of road shown on such plat to cover the cost of the inspection of the construction thereof. Mr. Payne advised this is an incentive to inform the county of road construction prior to its taking place. Mr. Barksdale moved that the Commission recommend this amendment as proposed by the staff, to the Board of Supervisors. Mrs. Graves seconded the motion, which carried unanimously. The Albemarle County Planning Commission has adopted a resolution of intent to review the area regulations in all districts in the zoning ordinance as they relate to the minimum area requirements of the subdivision ordinance. Mr. Keeler informed the Commission that the subdivision ordinance and zoning ordinance are not consistent. An amendment to Sections 3, 4, 5, 7, 7.1, 8, and 9 would also simplify the interpretation. Mr. Barksdale moved that the Commission adopt a resolution of intent to amend the sections of the zoning ordinance as recommended by the staff. Dr. Moore seconded the motion, which carried unanimously. With no further business, the Commission adjourned at 11:30 p.m. R616ert W. Tucker,cretary �'