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HomeMy WebLinkAbout07 12 83 PC MinutesM July 12, 1983 The Albemarle County Planning Commission held a public hearing on Tuesday, July 12, 1983, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. Tim Michel; Mr. David Bowerman, Chairman; Mr. Allen Kindrick; Mr. Jim Skove; and Mr. Corwith Davis. Other officials present were: Mr. Ronald Keeler, Chief of Planning; Mr. Fred Payne, Deputy County Attorney; and Ms. Ellen Nash, Ex-Officio. Absent: Commissioners Diehl and Cogan. The Chairman called the meeting to order at 7:30 p.m. and established that a quorum was present. SP-83-32 William H. and Virginia R. White, III - Request to locate a hog operation on County Tax Map 55, Parcel 21, White Hall Magisterial District, consisting of 171.57 acres zoned RA Rural Areas. Located west of Yancy Mills, on a private right-of-way about one-half mile west of Route 684. Mr. Keeler presented the staff report. Staff recommended approval subject to conditions. The applicant was represented by Mr. David Wood. Mr. Wood's comments dealt with road and entrance improvements. He indicated the applicant would not object to making improvements to the road, but did object to the requirement for a commercial entrance on the northern entrance on Rt. 684. (Mr. Keeler `4W interjected that staff was under the impression a commercial entrance is not required for a farm operation. He indicated this issued needed to be clarified with the Highway Department.) There being no public comment, the matter was placed before the Commission. Mr. Davis moved, seconded by Mr. Skove, that SP-83-32 for William H. and Virginia R. White, III be recommended to the Board of Supervisors for approval subject to the following conditions: 1. State Water Control Board issuance of a No Discharge Certificate for storage and land application of waste. 2. Hog operation to be located generally as described and not closer than 250 feet to any property not owned by the applicant nor closer than 1,500 feet to any occupied dwelling not owned by the applicant. 3. Virginia Department of Highways and Transportation approval of entrance at Rt. 684. 4. Approval is for hog operation with a 20 crate farrowing house. Expansion to 30 farrowing crates may be permitted upon approval of the State Water Control Board, Watershed Management Official and Director of Planning with consideration to reservoir protection and the requirements of Section 31.2.4.1 of the Zoning Ordinance. Should concern arise in rrn such review or should the applicant desire to expand to more than 30 ,241 July 12, 1983 Page 2 farrowing crates, expansion shall require amendment of this special use permit. The motion passed unanimously. ZMA-83-6 Madeline S. Freeman and Wilford and Carolyn Herndon - Request to rezone 7.58 acres currently zoned R-1 to HC Highway Commercial on County Tax Map 32, Parcel 22L (1.238 acres) and Parcel 22L1 (6.344 acres), Rivanna Magisterial District. Located on the east side of Route 29 North, north and adjacent to Cedar Hill Mobile Home Park. Mr. Keeler presented the staff report. It was staff's opinion that the Herndon property (1.238 acres) should be designated Commercial. Staff also questioned the desirability of development of medium -density residential on the Freeman property. The staff report presented an explanation of circumstances under which a favorable recommendation on the rezoning of both properties would be possible. Both applicants, Mr. Herndon and Ms. Freeman, addressed the Commission. Mr. Herndon explained that it was his desire to add a 30' x 50' "open storage and retail" building. He stated he had no immediate plans for expansion of the auto business. Ms. Freeman indicated she needed to rezone her property because of financial difficulties. There being no public comment, the matter was placed before the Commission. The Commission discussed the merits of the request. Mr. Bowerman stated he had no problem with rezoning the Herndon property to C-1, but he was reluctant to rezone the Freeman property because of the existing C-1 property in Hollymead and the lack of a definite use for the property. Mr. Skove agreed with Mr. Bowerman, but added that it is unrealistic to think the Freeman property will ever develop as R-1. Mr. Davis stated he would not want to rezone the Herndon property to C-1 if it would not meet Mr. Herndon's needs. Mr. Bowerman noted that if the Freeman property is never going to develop as R-1, then the Comprehensive Plan should be changed to reflect a new recommendation for that area. Mr. Davis moved that the Herndon property (1.238 acres, Tax Map 32, Parcel 22L) be rezoned to C-1. There followed a discussion about whether or not to break the request up and treat it as two parcels. Mr. Skove indicated some problems with this since the applicants had gotten together and presented a combined request. It was the consensus of the Commission that the Freeman property not be rezoned at this time. The Chairman asked Ms. Freeman if she would prefer that the Commission act on her portion of the request, or defer it to allow time for her to confer with counsel. (Mr. Payne interjected that if the applicant wished to make a proffer about uses for the property, that could be done before the Board hearing and need not be done before the Commission takes action.) Mr. Payne felt it would be "awkward" to approve part of the request and VOO defer part. He felt the Commission should act on the entire request. g6o July 12, 1983 Page 3 Mr. Davis' previously stated motion died for lack of a second. M Mr. Skove moved that ZMA-83-6 for Madeline S. Freeman and Wilford and Carolyn Herndon be deferred to July 26, 1983. Mr. Kindrick seconded the motion which passed unanimously. ZMA-83-10 Philip T. Halapin, MD - Request to rezone 0.5 acre of 1.948 acres currently zoned R-4 to CO Commercial Office on County Tax Map 61, part of Parcel 27A, Charlottesville Magisterial District. Located on the east side of Route 743 (Hydraulic Road) about 300 feet south of Route 657 (Lamb's Road) across from Albemarle High School. Mr. Keeler presented the staff report. Staff recommended approval. The applicant was represented by Mr. Ken Erkenbrach. He offered no significant additional comment. The Chairman invited public comment. Mr. Steve Wilhoit, an adjacent property owner, addressed the Commission. He asked if the applicant planned to use only the existing dwelling or was an addition planned. Mr. Erkenbrach responded that only the existing dwelling would be used. There being no further public comment, the matter was placed before the Commission. Mr. Skove moved that ZMA-83-10 for Philip T. Halapin be recommended to the Board of Supervisors for approval. Mr. Kindrick seconded the motion which passed unanimously. It was the consensus of the Commission that the request for a waiver of a complete site plan not be granted and that the site plan be reviewed by the Commission. ZMA-83-7 John L. and Elizabeth W. Wildermuth - Request to rezone not more than 10 acres designated "Garm Tract" to Rural Areas (ZMA-78-9), County Tax Map 70, Parcel 39 (141.672 acres currently zoned PRD) and Parcel 39D (10.0 currently zoned PRD), as Wavertree Hall PRD, is located south of Route 692, ± 7/10 mile east of the intersection of Routes 691 and 637. AND SP-83-38 John L. and Elizabeth W. Wildermuth - Request to locate a country inn and restaurant on County Tax Map 70, Parcels 39 and 39D, Samuel Miller Magisterial District. AND MOM July 12, 1983 Page 4 SP-83-39 John L. Wildermuth - Request for home occupation to locate office for consulting engineering practice (acoustics), no employees, in 1,500 square feet of block dairy barn, County Tax Map 70, Parcel 39, 141.672 acres zoned PRD, Samuel Miller Magisterial District. Mr. Keeler presented the staff report. The applicant was represented by Ms. Betty Wildermuth. She explained the applicant's intentions, i.e. to upgrade the Manor House to its original quality, to restore the gardens, to continue leasing the pastureland. She stated that the restaurant would be open to the public only for dinner, but would serve breakfast to overnight guests. The Chairman invited public comment. Several persons addressed the Commission. The following persons expressed no opposition to the proposal, but did express concern about the future use of the farm: Jesse Bloodworth; Frank Hassler; Floyd Artrip; Gary Thompson; Clarke Adams; Bruce Wardell; Mrs. Thomas Farrell; Mr. John Manzano; Mr. Robert Anderson; Mr. Bob Rosen; Mr. Jimmy Brookshire and Ms. Debbie Canton. These persons supported the Wildermuth's plans for the farm, but wanted some assurance that the farm parcel would always remain a farm. There being no further comment, the matter was placed before the Commission. In response to Mr. Bowerman's question, Mr. Keeler stated staff had no objection to breakfast as described by the applicant nor to a cocktail which might precede dinner. It was determined this request was effectively removing 10 acres from the RPN. Both Mr. Payne and Mr. Keeler explained the variance which had been granted by the BZA and Mr. Keeler explained the way the new planned development is intended to work. Mr. Davis noted he would feel better if there were some way to guarantee that the new RA land could rot be subdivided. Mr. Skove asked how the Commission could address the public's main concern, i.e. "that the farmland remain farmland." This issue was discussed at length and several possible scenarios were discussed. It was suggested that the only way to deal with the issue would be for the applicants and the homeowners to enter into an agreement. Mr. Payne pointed out this would be enforceable by the property owners but not by the County. Mr. Keeler pointed out that this proposal would result in the deletion of the barn as a multi -family apartment building. He felt the Commission should specifically address what type of activities related to the inn can take place on the farm tract. 19 023�- July 12, 1983 Page 5 It was the consensus of the Commission that there were no objections to *6w the special permit request for a country inn and restaurant; however, the Commission was uncomfortable with two aspects of the rezoning request, i.e. (1) The Commission wanted some assurance that the balance of the property would remain agricultural; and (2) The re -subdivision of the 10 acres. M The Commission discussed briefly the conditions of approval for the special permit, particularly road requirements. It was finally decided the requests would be deferred in order to allow further discussion. Mr. Davis moved, seconded by Mr. Michel that ZMA-83-7, SP-83-38 and SP-83-39 for John and Elizabeth Wildermuth be deferred to 4:00 July 21, 1983.* The motion passed unanimously. There being no further business, the meeting adjourned at 11:00 p.m. Recorded bY: Stuart Richard Transcribed by: Deloris Sessoms, 6-90 *Note: The tape for this work session is box no. 6, reel-to-reel.