HomeMy WebLinkAbout06 14 83 PC MinutesJUNE 14, 1983
The Albemarle County Planning Commission held a public hearing on
Tuesday, June 12, 1983, Meeting Room 7, County Office Building, Charlottes-
ville, Virginia. Those members present were: Mr. David Bowerman, Chairman;
Mr. Corwith Davis; Mr. Allen Kindrick; Mr. Richard Cogan; Mr. Tim Michel;
and Ms. Norma Diehl. Other officials present were: Mr. Ron Keeler, Chief
of Planning; and Mr. Keith Mabe, Chief of Community Development. Absent:
Commissioner Skove.
The Chairman called the meeting to order at 7:30 p.m. and established that
a quorum was present.
Community Development Block Grant (CDBG) Regional Application - County
proposal to apply for housing rehabilitation funds with other counties,
grant in the amount of $200,000.
Mr. Mabe presented the staff report.
The Commission discussed the proposal very briefly.
Ms. Diehl moved that the Community Development Block Grant Regional
Application be recommended to the Board of Supervisors for approval.
Mr. Cogan seconded the motion which passed unanimously.
ZMA-83-4 Barry G. Dofflemyer - Request to rezone 18,884 square feet from
C-1 to Highway Commercial, Tax Map 61U, Parcel 01-14, Charlottesville
Magisterial District. Located on the west side of Berkmar Drive, t200
feet northwest of its intersection with Route 29 North.
Mr. Keeler presented the staff report. Staff recommended approval subject
to conditions.
The applicant was represented by Mr. Barry Dofflemyer. He explained the
proposal briefly. He pointed out that the property across the street
is already zoned HC. He stressed that the structure would be designed
in such a way that noise would not be a problem.
The Chairman invited public comment.
Ms. Debbie Grady, representing the Berkeley Homeowners, addressed the
Commission. She asked if outdoor runs would be enclosed. (Mr. Dofflemyer
replied that the outdoor runs would be behind a metal structure.) Ms.
Grady also stated that some adjacent property owners had not received
notification.
Ms. Joan Graves, a Berkeley resident, addressed the Commission. She
stated the community felt this proposal would be an improvement over
` the existing situation. She expressed concern about the location of
the windows for the structure. (Mr. Dofflemyer explained that the windows
would be on the front of the building, facing the shopping center.)
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June 14, 1983
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There being no further public comment, the matter was placed before the
Commission.
Mr. Bowerman asked if there had been any complaints about the existing
facility (Pampered Pet). Mr. Keeler responded that there had been no
complaints within the last four years.
There followed a dicussion about the issue of noise and the method for
dealing with complaints. It was determined that the Noise Ordinance
applies to this property (and to the Pampered Pet property) even though
it may not have been in effect at the time of the beginning of the use.
Mr. Payne stated the Noise Ordinance is separate from the Zoning
Ordinance. Mr. Dofflemyer explained how much time the dogs would spend
in the runs each day. He also answered questions about the ventilation
system.
There was a brief discussion of other HC uses which might be able to
locate in this building with the proposed parking. Mr. Payne
explained that any future use would have to comply or seek a zoning
variance.
Mr. Davis moved that ZMA-83-4 for Barry G. Dofflemyer be recommended to
the Board of Supervisors for approval.
Mr. Kindrick seconded the motion which passed unanimously.
SP-83-30 Barry G. Dofflemyer - Request in accordance with Section 24.2.2(11)
to locate indoor dog kennels on Tax Map 61U, Parcel 01-14, Charlottesville
Magisterial District, consisting of 18,884 square feet currently
zoned C-1, requested in ZMA-83-4 to be rezoned Highway Commercial.
(This report was presented along with the preceding ZMA-83-4.)
Mr. Davis moved that SP-38-30 for Barry G. Dofflemyer be recommended to
the Board of Supervisors for approval subject to the following conditions:
1. Building limited to 48 indoor runs;
2. Compliance wtih Section 5.1.11 of the Zoning Ordinance.
Ms. Diehl seconded the motion which passed unanimously.
ZTA-83-2 - The Albemarle County Planning Commission adopted a Resolution
of Intent on April 19, 1983, to zmend the Zoning Ordinance, Sections 10
Rural Areas, 5.0 Supplementary Regulations, 3.0 Definitions, and 30.4 Natural
Resource Overlay District as related to soil borrow and fill areas.
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June 14., 1983
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Mr. Keeler presented the staff report. The purpose of the amendment was
to allow smaller -scale activites without the requirement that they
go through a lengthy process.
Mr. Payne and Mr. Keeler answered the Commission's questions about the
proposed amendment.
Mr. Michel expressed concern that the amendment did not really accomplish
what the Commission had intended, i.e, it did not seem to address issues
associated with noise, dust and problems caused by the trucks which haul
the dirt.
There was a lengthy discussion about the implications of the amendment
and several scenarios were considered.
Ms. Diehl stated she felt the proposed amendment would consolidate a
lot of concerns in one place under the Supplementary Regulations.
She also felt it was advantageous to have the definitions included.
(The Chairman determined there was no public comment.)
Mr. Cogan questioned the feasability of reclamation in the winter months
[Sec. 5.1.28(a)(8)] and also the question of hours of operation [Sec. 5.1.28(a)(5)].
This issue was discussed. The idea of bonding was discussed and Mr. Payne
pointed out that the word "commenced" was chosen purposely to indicate
�%r that it might not be possible to complete the process immediately. Mr. Payne
also noted that the bond would fall under the Soil Erosion Ordinance.
IR
After some adjustment to 5.1.28(a)(8) and 5.1.28(a)(5) Ms. Diehl moved that
ZTA-83-2 to amend the Zoning Ordinance, Sections 10, 5.0, 3.0 and 30..4 as
related to soil borrow and fill areas be recommended to the Board of
Supervisors for approval as follows:
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June 14, 1983 Page 4
1) Amend 3.0 DEFINITIONS as follows:
• Borrow area, borrow pit: A_ location at which soil and other
f
related material is 'removed from the site for transpor'--ati_on
to another site. Removal of soil and other related material
as necessary to establish another permitted use upon tie same
site shall not be considered as the establishment of a borrow
area or borrow iitt.
• Natural Resource Extraction: The process by which coal,
petroleum, natural gas, soil, sand, gravel, ore, or other
minerals is removed from any open pit, borings or any other
underground workings and produced for sale, exchange or
commercial use or otherwise removed from the site, and all
shafts, slopes, drifts or inclines leading thereto and
including all buildings, structures and equipment above and
below the surface of the ground used in connection with such
process. Natural resource extraction as defined herein shall
not be deemed to include: exploratory activities designed to
determine the presence of coal, petroleum, natural gas, soil,
sand, gravel, ore, or other minerals, including but not limited
to, excavation, drilling, boring or core boring; eer ahall the
term natural reaeuree extreetlen be deemed to ineltide the
drilling or boring of wells for the purpose of obtaining water;
nor the removal of soil and other related material as necessary
to establish another permitted use upon the same site.
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June 14, 1983
Page 5
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2) Amend 4.0 GENERAL REGULATIONS as follows:
4.3.01 FILL AREAS, VASTE AREAS
Fill and waste areas shall be permitted in all zoning
districts. Fill and waste activities shall be permitted
only in accordance with Section 5.1.28 of this ordinance.
3) Amend 5.0 SUPPLEMENTARY REGULATIONS as follows:
5.1.28 BORROW, FILL, OR WASTE AREAS
a) No grading permit shall be issued for any borrow,
fill, or waste area activity exceeding an aggregate
volume of 10,000 cubic yards on any one parcel of
record on the adoption date of this provision until,
Yin addition to approval of a grading plan, the County
Engineer has approved a plan and/or narrative For such
activity in accordance with the following requirements:
1. The site, both during and after such activity, shall
be shaped and sloped for proper drainage in accordance
with Sections 4.3 and 30.4.13 of this ordinance;
2. No such activity shall occur in any floodplain area
except in accordance with §30.3 of this ordinance nor
within 100 horizontal feet of the edge of any water
supply impoundment or tributary thereof without approval
of the Watershed Management Official. Provision shall
be made for the minimization of ground and sur"ace water
coni-aminatinn!
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June 14, 1983
Page 6
6
3. All vehicles used to transport excavated or waste
materials shall be loaded in such manner that the
material cannot be unintentionally discharged from the
vehicle. All such vehicles shall be cleaned of all
material not in the load -bed prior to entering onto
any public road;
4. The area of such activity and access roads thereto
shall be treated or maintained in such a manner as to
prevent dust or debris from blowing or spreading onto
adjacent properties or public streets. Dependent on
the anticipated intensity and duration of the activity
and the character of development of adjoining
properties, the Zoning Administrator may require, for
the protection of adjoining properties, public roads,
and public safety, such setback, fencing and/or
landscaping requirements as deemed appropriate; provided
that the same shall not exceed the requirements of
Sections 30.4.6, 30.4.7, and 30.4.9 of this ordinance;
5. Operations involving power equipment of an industrial
type shall be limited to the hours of 7:00 A.M. to
9:00 P.M. except in cases of a public emergency as
determined by the director of emergency services for the
County. Blasting operations shall be restricted to
Monday through Friday between 8:00 A.M. and 5:00 P.M.;
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June 14, 1983
Page 7
6. Regarding lateral support, all operations shall be
e
conducted in a safe manner with respect to the likelihood'
of hazard to persons, physical damage to adjacent land
and improvements, and damage to any public stx-eet by
reason of slides, sinking, or collapse;
7. Fill and waste areas shall only be for the disposal
of natural materials such as soil, rock, stumpage and
the like.
Disposal of trash and garbage,
as
e.efined in
§16-1 of
the Code of Albemarle County,
shall
le
accomplished
in accordance
with the
requirements of
Chapter 16 of
the Code of
Albemarle
County;
8.a)Provision shall be made for site reclamation
including but not limited to restoration approximating
natural contours and establishment of permanent vegetative
ground cover. Such reclamation shall commence within 15
days of completion of borrow, fill, or waste activity, provided
that reclamation activites of a seasonal nature may be accomplished
by a date to be specified by the County Engineer as may be reasonable
nn(lnr 1-hn ri rrnmct-anrnc _
b) In the case of fill or waste activity, no such
activity shall be approved until the County Engineer has
June 14, 1983
Page 8
received comment from the Division of Solid and
Hazardous Waste Management of the Virginia Department
of Health. The County Engineer may require additional
information and plans from the applicant to facilitate
such review.
c) In lieu of a plan and narrative as requied by this
section, the County Engineer may accept a contractual
agreement between the Virginia Department of Highways
and Transportation and its contractor for a public
road project; provided that the County Engineer shall
determine that such agreement satisfies at least to an
--equivalent extent the requirements and intent of this
section.
d) The Zoning Administrator may require posting of a
bond in an amount adequate to insure compliance with
the requirements of this section prior to commencement
of such activity.
4) Amend 10.0 RURAL AREAS DISTRICT as follows:
Under 10.2.1 BY RIGHT add:
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June 14, 1983 Page 9
D
18. Borrow area, borrow pit not exceeding an aggregate
volume of 50,0,b0 cubic yards including all borrow pits
and borrow areas on any one parcel of record on the
adoption date of this provision.
• Under 10.2.2 BY SPECIAL USE PERMIT add:
40. Borrow area, borrow pit not permitted under 10.2.1.18
5) Amend 30.4.2.1 (Uses by right in Natural Resource overlay
district) as follows:
1. Except as otherwise provided in Section 30.4.2.2,
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10.2.1:18 or 10.2.2.40, removal of soil, sand, gravel, stone
or other minerals by excavating, stripping, quarrying or other
mining operation.
Mr. Davis seconded the motion which passed (5:1) with Commissioner Kindrick
casting the dissenting vote.
ZMA-83-3 Albemarle County Fair, Inc. - Request to rezone 3.44 acres
currently zoned Highway Commercial to Light Industrial, County Tax Map 77,
part of Parcel 11, Scottsville Magisterial District. Located on the west
side of Avon Street Extended (Route 742), north of I-64, on Albemarle
Farm Equipment Company property.
and
SP-83-29 Albemarle County Fair, Inc. - Request in accordance with Section
27.2.2-9 and Section 5.1.27 of the Zoning Ordinance to locate the County
Fair on 9.26 acres (5.82 currently zoned Light Industrial and 3.44
requested to be rezoned Light Industrial/ZMA-83-3) out of a total
of 27.910 acres, including 18.74 zoned Rural Areas. County Tax Map 77,
Parcel 11, Scottsville Magisterial District. (Same location as above.)
The applicant was requesting withdrawal of both these petitions.
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June 14, 1983
Page 10
Ms. Diehl moved, seconded by Mr. Davis, that the applicant's request for
withdrawal of ZMA-83-3 and SP83-29 be accepted.
The motion passed unanimously.
There being no further business, the meeting adjourned at 9:45 p.m.
Recorded by: Stuart Richard
Transcribed by: Deloris Sessoms 6-90
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V. Wayn,61 Cilimbe Se etary
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