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HomeMy WebLinkAbout04 08 80 PC MinutesApril 8, 1980 The Albemarle County Planning Commission conducted a public hearing on Tuesday, April 8, 1980, 7:30 P.M., in the Board Room of the County Office Building, Charlottesville, Virginia. Those members present were: Col. William Washington, Chairman; Mr. Layton McCann, Mr. James Skove, Mr. Charles Vest, Mr. David Bowerman, Mr. Corwith Davis, Mrs. Norma Diehl, Vice -Chairman. Mr. Kurt Gloeckner was the only absent member. Other officials present were: Mr. Frederick Payne, Deputy County Attorney,and Mr. Tim Lindstrom, ex-officio, and Mr. Ronald Keeler, Assistant Director of Planning. Col. William Washington called the meeting to order after establishing that a quorum was present. The minutes of March 25, 1980 were approved as written. ZTA-80-02 Marianne Tejeda Petition to the Board of Supervisors to amend the A-1 Agriculture zone to provide for "temporary events". This request has resulted from discussions between the staff and agent for the applicant in regard to two other petitions (ZTA-80-01 and SP-80-10). Should this petition be approved these other two petitions should be withdrawn. Staff opinion is that the "temporary events" proposal is the more appropriate approach to accommodating an expanded program at Foxfield (See ZTA-80-01 staff report). Described as Tax Map 43, Parcels 21 & 21A. Mr. Ronald Keeler, Assistant Director of Planning, presented the staff report and recommendations. Mr. J. Benjamin Dick, appearing for the applicant,Mr.MacPhail of the Military Historic Society were present. Mr. Dick made a statement to the effect that Foxfield receives many requests from civic, historic, and church organizations to utilize the facilities. The facilities are not to be opened for circuses or to be used as a fairgrounds. Foxfield has been used for political gatherings and for civic events. He said that they support approval of the application. Mr. Whitley, an adjacent property owner, said that the residents of the area favor one or two horse racing events, but are against a civil war re-enactment, or uses of that nature. The public hearing was closed, since there was no further public comment. The Director of Foxfield, Ray Wolf, entered the meeting. Mr. Davis established that the races already have an additional use permit and that two events per year were allowed. With this change, four events per year would be allowed. Mrs. Diehl questioned if the"by right!'clause gave leeway not to issue permit. Mr. Payne said that this is then left to discretion - is traffic control adequate, and considerations of this sort - there has to be a specific reason to deny, for appropriate circumstances. Ii There was discussion among the Commission as to the types of use of Foxfield. It was the feeling that rock concerts, circuses, carnivals should not be permitted. Col. Washington recognized that the Director of Foxfield, Ray Wolf, had entered the meeting after the public hearing was closed. He re -opened the public hearing so that Mr. Wolf could speak. Mr. Wolf said that he hoped both the Planning Commission and the interested spectators would realize that Foxfield was interested in the continued judicious use of the facilities. In no case would rock concerts or other disruptive activities be considered or permitted to use the facilities. Every effort would be made to continue the proper use. When an adjacent owner, Mrs.Whitley, asked what would be considered next at Foxfield; Mr. Wolf said that invitations were sent to the neighbors and that nothing would be allowed which the neighbors would not approve. Col. Washington stated that the issue was not just the intent of how Foxfield would be used and regulated, but how other places of this type would be regulated in the Countv - establishina a nrPCPr7Pnt_ After further discussion of the Commission, the request was tabled. SP-80-10 Foxfield Association Request: Weekend. Campground for military historic meeting(Section 2-1-•25(6). Staff report was given by Mr. Keeler. J. Benjamin Dick was present representing the applicant; also Mr. Ray Wolf, the Director of Foxfield, and Mr. MacPhail, of the Military Historic Society were present. Mr. Dick presented the idea of the request for the military historic meeting; then Mr. Wolf said that when Foxfield had first received the request for the military historic meeting, it was to be a small event - small crowd. The sanitary facilities are in place and there would be no problem to meet the requirements. Col. Washington ascertained that the Sheriff's department had been advised. Mr. MacPhail told the Commission that the military re-enactment was being held in conjunction with a Convention of Military Historians. The schedule is for Saturday and Sunday, with about 160 participants, most of these from Pennsylvania, Maryland, and Virginia. There will be a Union and a Confederate camp. Between 3 and 4 P.M. there will be quite a bit of noise. There was no public comment - the public hearing was closed. Mr. Skove moved for the approval of the request subject to: 1. This special permit is issued to authorize only the activities proposed for May 2, 3, and 4 as outlined by Art Beltrone in letter to Raymond Wolf dated October 15, 1979. Dates, times and duration of activities shall be in accordance with said letter. This special use permit and all authority granted hereunder shall expire upon termination of such activities. 93 Should such activities not be held these dates, the Zoning Administrator may approve alternate dates not exceeding three (3) consecutive days; 2. Fire Official approval in accordance with his memo of February 28, 1980; 3. Notification of Sheriff, rescue squad, and Health Department twenty-one (21) days prior to commencement of activities. Mr. Vest seconded the motion. The commission voted unanimously for approval. SP80-02 - Marianne Tejeda This had been tabled earlier in the meeting. Mr. Payne suggested the following wording for the conditions, if the Commission chose to approve the petition: Paragraph 1 remain unchanged. Paragraph 2: Application for such use and all information and plans required in conditions A, B, and C below shall be filed with the Zoning Administrator not less than 30 days prior to the commencement of such event. Zoning Administrator may issue a temporary permit authorizing such event upon making the following determinations: 1. That the public roads serving the site are adequate to accomodate the traffic which would be expected to be generated by such event; 2. That the character of such use will be in harmony with the public health, safety, and welfare, and uses permitted by right in the district and will not be of substantial detriment to adjacent property in terms of smoke, dust, noise, hours of operation, artificial lighting, or other specific identifiable conditions which may be deliterious to the existing uses of such property. 'Each event shall be subject to the following conditions: Then list A through C. Mr. Skove moved for the adoption and approval of the petition as outlined by Mr. Payne. Mr. McCann seconded the motion. Mrs. Diehl ascertained that the method of appeal for the adjacent landowners would be through the Board of Zoning Appeals, or if they had not heard about what was being held that would be objectionable, then through the court. The vote showed 3 for the motion, 4 against - Mr. Vest, Mrs. Diehl, Mr. ' Davis, and Col. Washington were against the motion. Mr. Vest made a motion to reconsider; Mr. Davis seconded the motion. Mrs. Diehl then made a motion for deferral, to May 6th. Mr. Vest seconded the motion. The vote to defer was unanimous. 09 O Y ZTA-80-01 - Marianne Tejeda Marianne Tejeda has petitioned the Board of Supervisors to amend Article 16 of the Zoning Ordinance to include the definition of Horseshow Grounds, Permanent. Mr. Keeler gave the staff report. 19 Mr. J. Benjamin Dick, attorney for the applicant, and Mr. Ray Wolf, Director of Foxfield were present. Mr. Dick stated that the application gives the intent of use. Mr. Wolf explained further that he had seen horseshow grounds used for the good of the community. There are no commercial motives, it would be strictly non-profit. Mrs. Tejeda has gone to considerable expense to provide this facility and wants to see it used. Mr. Whitley, an adjacent owner, questioned whether there was betting. Mr. Wolf replied that it was non-profit. Mr. Payne stated that his reading of this ordinance said that it does not prohibit betting, it does not prohibit commercial racetrack, and specifically permits flat racing. His experience with Foxfield is that flat races are part of the operation. There was no further public discussion, and the public hearing was closed. Mr. Payne stated that he agreed with the staff, that the Planning Commission should not recommend adoption, on legal grounds - probably unenforcable. Mr. McCann moved that the Planning Commission deny approval. Mrs. Diehl seconded the motion. The vote for denial was unanimous. SP-80-14 Monticello Memory Gardens Request for cemetery and Crematorium; located on property described as Tax Map 77, Parcel 33, located on the north side of Route 53 across from Michie Tavern. Staff report was given by Mr. Keeler. Mr. Payne made a statement on how this came to the Commission: The cemetery is non -conforming, in that it was established before the ordinance and the mausoleum is permitted by right; the cremetorium is not non -conforming use and needs a special use permit. The ordinance has been amended by request of the applicant. Now the applicant is requesting that the mausoleum and the cemetery be put under conforming use and a special permit be issued for the crematorium. Bruce Williamson, representing the applicant, and Charles Rhodes from Monticello Memory Gardens were present. Mr. Williamson said that the applicant approved the recommendation by the staff. Mr. Mailloux, adjacent property owner; and Mr. Max Kennedy, representing Mr. 0- & Mrs. Dettor both expressed disapproval of the crematorium as decreasing the value of the property surrounding the cemetery, out of keeping with the nature of the area, suggested the odor and smoke associated with the crematorium. Mr. Kennedy showed pictures of the Dettor property. Mr. Greg McDonald, representing Michie's Tavern stated that the crematorium would be visible to Michie's Tavern, to the road passing by, and to Ashlawn and should not be permitted. Mr. James Bear said that he represented many people who would visit Monticello and he opposed the request for the crematorium. Mr. Williamson stated that the crematorium would not be visible - the mausoleum would look the same, whether the crematorium was inside it or not. Mrs. Grace Mailloux said that she was thinking of the emotional and religious aspect of the crematorium; that she did not expect that there would be smoke or odor. Mr. Joseph Conte from Michie's Tavern also expressed opposition; he said that many people were not present that lived in the area and they too, opposed the crematorium. He also said that a lot of people would be visiting the area and would see the building. Susan Blackman asked why a mausoleum, was it necessary. Mr. Rhodes made a statement to the effect that for lack of space the facility was needed; that the odor and smoke factor are governed by the State Air Pollution Control Board and the facility would be closed down if it did not comply with the requirements; hence no pollution factor. He also stated that he does own other cemetery property and that the other property is suitable for a crematorium. The public hearing was closed. In the Commission discussion the following facts were gathered: 1. No other crematorium in the area 2. A mausoleum and crematorium will give people a choice 3. There are other mausoleums in the area, but not this size 4. Monticello Memory Gardens has been in existence probably since the late 1920s. 5. Site plan and special permit will be considered by the Board of Supervisors at the same meeting. 6. Monticello Memory Gardens is capable of handling only two or three funerals per day - with or without the mausoleum and crematorium. The increase in traffic should be minor. Mr. McCann made a motion for the approval of the application for the special use permit subject to the following: 1. Building and Fire Official approvals; 2. Health Department and State Air Pollution Control Board approvals, if required. Mr. Davis seconded the motion. The vote was 4-3, with Mr. Bowerman, Mrs. Diehl and Mr. Skove opposing. SP-80-.16 - Liebig International, Inc. Request Warehousing facility including administrative offices (8-1-27(10) located - described as Tax Map 77E(1), parcel 1 (part of) is located on the east side of Avon Street extended (Route 742), north and adjacent to Coyne and Delaney. Staff report was given by Mr. Keeler. The applicant was represented by Mr. Richmond and Dr. Stern. Dr. Stern stated that the firm is a manufacturer of construction bolts of all sizes. He said that the 15 horse power limitation is acceptable; that the manufacture of the bolts requires steel, which has to be stored, this is an accessory to the manufacturing. Mr. Payne said that he felt that the comments from the Highway Department indicate a problem. The architect for the project, Mr. Art Pape was present and explained the plan: Full frontal development of property does not exist on Avon Extended now. Liebig proposes to grade the entrance, put in a deceleration lane; they want to be able to enter the property conveniently - both trucks and cars. He does not feel that full frontal development is necessary. After Commission discussion; Mr. Pape showed the site plan for the firm. Dr. Stern said that the Highway Department saw the project as a warehouse, not as a manufacturing plant. The public hearing was closed. Mr. McCann moved for approval of the special permit with no conditions. Mr. Davis seconded the motion. The motion passed unanimously. SP-80-18- Peacock Hill Request: Amend SP-253 by deletion of 1.15 acres; located in the northwestern quadrant of the Route 708 overpass of I-64. Property requested for deletion is a portion of Tax Map 78, Parcel 29. Mr. Keeler presented the staff report. The applicant, Tim Michelle was present. Mr. Michelle stated that the property being added to was approximately six acres. There being no public comment; the public hearing was closed. Mrs. Diehl moved for the approval of the application subject to: 1. The 1.15 acres shall be added to and become part and parcelof Tax Map 78, Parcel 48A; 2. Development of Peacock Hill shall be limited to 194 dwelling units. Mr. Vest seconded the motion. The Commission voted unanimously for approval. SP-80-15 U-Haul (Robyn L. Eaton) The applicant having left the meeting, the above case was deferred to May 6, 1980. Mr. Vest moved for the deferral; Mr. Bowerman seconded the motion; and the vote was unanimous. Old Business: The Planning Commission discussed completing the proposed ordinance with scenic rivers and scenic highways and requested staff to place this on the agenda. There was no further business and the Commission adjourned at 10:45 P.M. 0U