Loading...
HomeMy WebLinkAbout12 20 84 PC MinutesDecember 20, 1984 The Albemarle County Planning Commission conducted a public hearing on Thursday, December 20, 1984, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. David Bowerman, Chairman; Mr. Richard Cogan, Vice - Chairman; Mr. Richard Gould and Ms. Norma Diehl. Other officials present were: Mr. Ron Keeler, Chief of Planning; Ms. Mary Joy Scala, Senior Planner; and Mr. Frederick Payne, Deputy County Attorney. Absent: Mr. James Skove, Mr. Tim Michel, Mr. Harry Wilkerson, and Ms. Patricia Cooke, Ex-Officio. Mr. Bowerman called the meeting to order at 7:35 p.m. after establishing that a quorum was present. The minutes of the December 11, 1984 meeting were approved as written with changes noted by Mr. Bowerman. ZMA-84-22 William Bailey - Request to rezone 1.09 acres from R-10, Residential to CO, Commercial Offices. Property, described as Tax Map 61, Parcel 128, is located on the east side of Rio Road, ±2,000' south of its intersection with Route 29 North. Charlottes- ville Magisterial District. Mr. Keeler gave the staff_ report. The applicant, Mr. Bailey, was available to answer questions. There being no public comment, the matter was placed before the Commission. Mr. Cogan moved that ZMA-84-22 for William Bailey be recommended to the Board of Supervisors for approval. Mr. Gould seconded the motion which was unanimously approved. This matter was scheduled to be heard by the Board on Wednesday, January 2, 1985. Wildwood P.R.D. - Tot lot report by staff. Ms. Scala gave the staff report. She explained that although the final plat for this subdivision had been approved with the following condition: Staff approval of tot lot location and equipment; staff has now concluded that there is no appropriate site for a tot lot due to the steepness or remoteness of the open space areas. She added that the Homeowners Association, on November 19, 1984, unanimously agreed to delete the tot lot. Due to the fact that most of the homes in the subdivision have their own play areas, it was determined that staff considers the condition UA December 20, 1984 Page 2 to have been satisfied without the construction of the tot lot. Ms. Scala stated she felt the Commission should be aware that the condition was being deleted, but no action was required of the Commission. Mr. Claude Cotton, the applicant, was present and indicated he was in agreement with staff. There being no public comment, the matter was placed before the Commission. In response to Ms. Diehl's inquiry, Ms. Scala stated an action letter would be placed in the file for record keeping purposes. It was determined the Commission was in agreement with staff. ZMA-84-24 Fred Landess - Request to rezone 31,000 square foot parcel from HC, Highway Commercial to LI, Light Industrial with proffer. Property, described as Tax Map 61-U, Parcel 01-7A, is located on Berkmar Drive, approximately 700' west of Route 29 North. Charlottesville Magisterial District. and SP-84-82 Fred Landess - Request to locate a pharmaceutical labor- atory and product facility on a 31,000 square foot parcel. Request is submitted in conjunction with ZMA-84-24 to rezone the above - referenced parcel from HC, Highway Commercial to LI, Light Industrial. Property, described as Tax Map 61U, Parcel 01-7A, is located on Berkmar Drive approximately 700' west of Route 29 North. Charlottesville Magisterial District. The Chairman stated that regardless of the outcome of the rezoning request, a public hearing would still be held on the special permit application. Ms. Scala gave the staff report. She also stated that four letters of opposition had been received today, one from the president of the Berkeley Homeowner's Association, and three from Berkeley residents. She distributed the letters to the Commission. The Chairman invited applicant comment. Mr. Fred Landess, representing the applicant, addressed the Com- mission. He stated he felt the main issue in this matter is the fact that the County really has no appropriate zoning for this type of business. He explained that UNOGEN is not an industry within the usual concept of the term, i.e. it is not a smokestack industry and actually could not operate within the usual industrial type development. He indicated he felt this is the main problem in trying to find a suitable location for the business. He stated the applicant has tried, by way of the proffer, to create 1Y/ December 20, 1984 Page 3 a zone that is appropriate. He stated it was his understanding ' that this was what a proffer was designed to do. He stated he did not understand staff's comment that this was not a proper proffer because it allows uses that are not allowed in another zone. He stated his concept of re -zoning is an amendment of the Zoning Ordinance, in effect creating a new ordinance. Mr. Ron Langman, representing the applicant, addressed the Commission. He stated the development on Berkmar Drive is beginning to take on a high-tech and medically oriented base. He felt this particular site would enhance these types of uses. He felt the precedent established by locating this type of business in this area was a desirable one. He indicated he felt this type of industry was in keeping with the Comprehensive Plan and would provide a good deal of economic base. He presented a drawing of the proposed facility. Mr. Caleb Stowe addressed the Commission. He presented photo- graphs of the proposed site. He stated he had been involved with the development of Berkmar Drive for some time and he indicated he felt this type of facility has been anticipated. He felt this proposal was reasonable and in keeping with the neighborhood. The Chairman invited public comment. Ms. Joan Graves addressed the Commission. She made reference to her letter of opposition of which the Commission had received a copy. She stated that all the existing uses on Berkmar Drive are conforming. She stated the Zoning Administrator had ruled that a pharmaceutical lab was a proper use as a special permit usage in a LI zone and the applicant had his chance to appeal that, but he had chosen this way of getting around it. She stated she did not believe Albemarle County has "convenience" zoning. Ms. Debbie Grady, President of the Berkeley Community Association, addressed the Commission. She indicated she did not feel the proposal was compatible with the neighborhood. Mr. Alan Scouten, a resident of the Berkmar community, addressed the Commission. He indicated he is opposed to the proposal and stated he is in favor of the area remaining commercial, not industrial. Ms. Helen Gelling and Ms. Pat Hartley, residents of Berkeley, expressed their opposition to the proposal. Mr. Landess, representing the applicant, stated that many sites have been considered by the applicant, but he indicated many of these were not suitable because of the lack of public sewer. Mr. John Hare, Director of the University of Virginia Lymphocyte Culture Center, addressed the Commission and indicated he was in favor of the proposal. He stated he understood there was an /Xo� December 20, 1984 Page 4 attempt at the state level to attract this type of high-tech industry. Referring to the product produced by UNOGEN, he Swa stated monoclonal antibodies are naturally occuring and are not a toxic product. He stated these antibodies offer great promise in the early detection of cancer and in the therapeutics of cancer. He stressed the importance of this type of work. He expressed concern that the actual potential social benefit of this industry is often overlooked and the reality of the process is not adequately considered. Ms. Graves once again addressed the Commission. Though she indicated she did not question the importance of this work, she stated that is not the issue at this time. All that is relevant is the zoning. There being no further public comment, the matter was placed before the Commission. Mr. Bowerman asked for clarification from the Zoning Administrator. He asked on what he had based his recommendation that the use required LI zoning. Mr. Tompkins, the Zoning Administrator, explained that it was clearly stated in the Ordinance under permitted uses with a special use permit, and it was simply a matter of looking at the proposed use. Mr. Bowerman stated he had no problem with this type of industry and that he is satisfied that this process is a safe one. However, he stated the issue at this time is Light Industrial zoning on Berkmar Drive, and he indicated he did not feel industrial zoning was appropriate in view of the proximity to a residential community and the existing commercial development on Berkmar. He indicated he felt the existing zoning should not be changed. Ms. Diehl, stating that although she understood, and did not oppose, the applicant's production process, indicated she was in agreement with the staff and could not support the rezoning for the following reasons: (1) The natural evolution of the site usage that may occur and the impact it would have on the neighborhood; and (2) The LI zone is developed in the county's Comprehensive Plan in order to aggregate LI uses together in a central area for both the benefit of the County and the developer. Mr. Cogan stated that although he could sympathize with the ap- plicant's efforts, the issue is one of zoning, and he indicated he must oppose the rezoning because it would be spot -zoning and could create difficulties if other similar requests were to develop. He added that he hoped the applicant would not get discouraged and would find a suitable place to locate in Albemarle County. Mr. Gould indicated he was in agreement with the other Commissioners. December 20, 1984 Page 5 Ms. Diehl moved that ZMA-84-24 for Fred Landess be recommended to the Board of Supervisors for denial. Mr. Gould seconded the motion which was unanimously approved. The matter was scheduled to be heard by the Board on January 2, 1985. The Chairman then placed SP-84-82 for Fred Landess before the Commission. He pointed out that staff had indicated that the request requires LI zoning. Mr. Cogan moved that SP-84-82 for Fred Landess be recommended to the Board of Supervisors for denial. Ms. Diehl seconded the motion which was unanimously approved. The matter was scheduled to be heard by the Board on January 2, 1985. Farmington Hunt Club (Clubhouse) Site Plan - Located on the north- west side of Route 671 near Buck Mountain. Amendment to pre- viously approved plan to include a clubhouse on 47.99 acres. Ms. Scala gave the staff report. She indicated staff could foresee no problems with the proposal. It was determined the uses for the clubhouse would be limited to those in the letter from Mr. Summers, Vice-president of the Farming- ton Hunt Club, i.e. members' use only for membership meetings, hunt breakfasts and parties. Ms. Scala confirmed if a different use was later anticipated, it would require Planning Commission approval. The applicant was represented by Mr. Forbes Reback who commented he hoped the Commission would approve the proposal. Mr. Pat Butterfield, President of the Hunt Club, addressed the Commission. He stated the reason for moving to this area was because of the problems with hunting closer to town. There being no public comment, the matter was placed before the Commission. Mr. Cogan moved that the Farmington Hunt Club (Clubhouse) Site Plan be approved, with the understanding that any change in clubhouse usage would require Planning Commission approval. Mr. Gould seconded the motion which was unanimously approved. Joanne L.G. Moyer Final Plat - Located east side of Route 1209 in Crozet. Proposal to divide one 2.136 acre parcel with an existing dwelling, leaving 24.542 acres in residue. Tax Map 56, Parcel 11. Zoned R-2, Residential. White Hall Magisterial District. (Plat signed 10-19-83 and never recorded - approval has expired.) FOR December 20, 1984 Page 6 Ms. Scala gave the staff report. It was determined this was before the Commission because the original plat had expired. Since nothing had changed since the original approval, staff was recommending administrative approval with no conditions. The applicant addressed the Commission and indicated the plat had not been recorded on time because of a misunderstanding. There being no public comment, the matter was placed before the Commission. Mr. Cogan moved to allow staff administrative approval of the Joanne L.G. Moyer Final Plat. Mr. Gould seconded the motion which was unanimsously approved. Branchlands Retirement Village Site Plan: Sections D,E, and F - Site Plan approved on July 24, 1984. Request for administrative approval of one additional unit, or 31 units total. Request for administrative approval of subdivision plats for these sections. Ms. Scala gave the staff report. She stated the applicant was requesting administrative approval for each of the following: (1) Subdivision plats for Sections D, E and F of Phase I; (2) Revised subdivision plat of lots in Section C of Phase I; (3) Site plan approval for one additional dwelling unit in Section E of Phase I. Mr. Langman, the applicant, addressed the Commission. Regarding the three requests, he stated the following: (1) This was primarily to speed up the process; (2) He stated he had been surprised to discover there were set -back problems with this section; and (3) He had originally thought this lot would have grade problems, but it does not and thus can allow an additional unit. There being no public comment, the matter was placed before the Commission. Mr. Gould moved to allow staff administrative approval of the applicant's three requests, as stated above, for the Branchlands Retirement Village Site Plan: Sections D, E, and F. Mr. Cogan seconded the motion which was unanimously approved. There being no further business, the meeting adjourned at 9:00 p.m. lei James R. Donne y, Secretary DS /Q<_