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HomeMy WebLinkAbout11 17 87 PC MinutesNovember 17, 1987 The Albemarle County Planning Commission held a public hearing on Tuesday, November 17, 1987, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. Richard Cogan, Chairman; Mr. Richard Gould, Vice Chairman; Mr. Harry Wilkerson; Mr. David Bowerman; Ms. Norma Diehl; Mr. Tim Michel; and Mr. Peter Stark. Other officials present were: Ms. Amelia Patterson, Planner; Mr. David Benish, Planner; Ms. Laura Hill, Planner; and Mr. George St. John, County Attorney. The Chairman called the meeting to order at 7:30 p.m. and established that a quorum was present. The minutes of November 5, 1987 were approved as submitted. ZTA-87-09 Albemarle County Fair, Inc. - Petitions the Board of Supervisors to amend Section 10.0 Rural Areas to allow TEMPORARY EVENTS SPONSORED BY LOCAL NON-PROFIT ORGANIZATIONS as a use permitted by special use permit. Ms. Patterson gave the staff report which stated the purpose of the amend- ment was to provide for temporary events sponsored by local non-profit organizations. Ms. Patterson distributed copies of Supplementary Regulations 5.1.27. The staff report explained that "in addition to conditions which may be imposed during special use permit review, temporary events are subject to supplementary regulations 5.1.27." Mr. Cogan suggested the addition of the following language to the amendment: "Temporary events sponsored by local non-profit organizations, and which are related to, and supportative of, the RA zone (Reference 5.1.27)." Staff was agreeable to this suggestion. Ms. Patterson pointed out, however, that the supplementary regulations mention events such as concerts. She asked if the additional language suggested by Mr. Cogan met this intent. Mr. Cogan replied: "I think it would." The applicant was represented by Mr. Jim Kildea. He offered no additional comment. There being no public comment, the matter was placed before the Commission. Ms. Diehl questioned whether it was necessary to include a reference to 5.1.27. She was uncertain as to whether concerts and similar activities should be included. Mr. Cogan pointed out that all such events would be by special permit, and therefore discretionary. It was confirmed that presently these events are allowed only in the LI zone and this amendment will expand them into the RA. Mr. Stark moved that ZTA 87-09 for the Albemarle County Fair, Inc., to amend Section 10.0 Rural Areas to allow Temporary events sponsored by local non-profit organizations as a use permitted by special use permit, be recommended to the Board of Supervisors for approval as follows: 10.2.2.42 Temporary events sponsored by local non-profit organizations, and which are related to, and supportative of, the RA zone (reference 5.1.27). 53 November 17, 1987 Page 2 Mr. Michel seconded the motion which was unanimously approved. R ZTA-87-08 JWK Properties, Inc. - Petitions the Board of Supervisors to amend Section 10.0 Rural Areas to allow MUSEUM as a use permitted by special use permit. Ms. Patterson gave the staff report which stated that the purpose of the amendment was to promote and publicize the agricultural/forestal sector of Albemarle's economy. Mr. St. John pointed out that it should be made clear that this amendment pertains to items that are for "public display" so as to distinguish such a use from a private collection in a private home. It was decided that the words "for public display" would be added at the end of the definition of AGRICULTURAL MUSEUM. Mr. John Williamson was present to represent the applicant. Mr. Williamson confirmed that it was his intent to display items of agricultural heritage. (Later Mr. Williamson explained that it was his intent to operate a driving center for carriage drivers and to include with this a carriage museum.) There being no public comment, the matter was placed before the Commission. Mr. Cogan stated he had some problem with the suggested wording in 5.1.XX (a): "Items for display in such museum shall be directly related to the agricultural/ forestal use of the property upon which such museum is located." He felt this was extremely specific and restrictive. Ms. Patterson stated that the Commission might want to limit such a use to agricultural/forestal uses in Albemarle County (rather than just the property upon which the museum is located). Mr. Benish added that it was contemplated that this amendment be "restrictive in this fashion." He stated: "The idea was that this was intended to be considered almost an accessory to a farm use. We wanted to specifically tie it to a farm activity. We didn't want to consider this a commercial use in and of itself that could potentially go onto a parcel of land." Mr. Michel suggested that the amendment should refer to "past and present" agricultural/forestal uses in Albemarle County. This was acceptable to the Commission. It was pointed out to the applicant that with the original wording suggested by staff, the applicant would not be able to operate a carriage museum as planned because the present use of the property is a dairy farm. It was agreed the Commission's suggested changes in wording would be more appropriate for both the present applicant and for future museums. Ms. Diehl suggested that the word "only" be added to 5.1.XX (c), i.e. "...items may be permitted only upon expressed approval of the Board of Supervisors." This was acceptable to the Commission. s4 November 17, 1987 Page 3 In response to Mr. St. John's question, Mr. Williams confirmed that it was his intent to charge admission to the museum. Mr. St. John explained that he would not want to create a situation which would require a special use permit for something that is already a matter of right as an accessory use to every farm in the county. Mr. St. John gave as an example a farmer who might wish to sell a piece of antique equipment. He explained this was the purpose of adding the words "for public display." Mr. Michel moved that ZTA-87-08 for JWK Properties, Inc., to amend the RA, Rural Areas zone to provide for MUSEUM by special use permit, be recommended to the Board of Supervisors for approval as follows: 1. Add to 3.0 DEFINITIONS: AGRICULTURAL MUSEUM: An establishment operated as a repository or collection of curiosities or objects of agricultural interest or signif- icance for public display. 2. Add to 5.0 SUPPLEMENTARY REGULATIONS (which may be modified by the Planning Commission and Board of Supervisors' in a particular case): 5.1.XX AGRICULTURAL MUSEUM a) Items for display in such museum shall be directly related to past or present agricultural/forestal uses in Albemarle County; b) Activities may include: passive display; active demonstration including tours of processing areas; and public participation in such agricultural activity; c) Sale of display items and accessory items may be permitted only upon expressed approval by the Board of Supervisors. 3. Add to 10.0 RURAL AREAS 10.2.2.XX AGRICULTURAL MUSEUM (REFERENCE 5.1.XX) Mr. Wilkerson seconded the motion which passed unanimously. ZTA-87-10 The Elementary Montessori School of Charlottesville - Petitions the Board of Supervisors to amend Section 27.0 LIGHT INDUSTRIAL to allow PRIVATE SCHOOL as a use permitted by special use permit. It was reported that the applicant had requested that the application be withdrawn. Mr. Michel moved, seconded by Mr. Stark, that the applicant's request for withdrawal of ZTA-87-10 be accepted. The motion passed unanimously. November 17, 1987 Page 4 SP-87-88 The Elementary Montessori School of Charlottesville - Request in accordance with Section 27.2.2 of the Zoning Ordinance to allow a special use permit for the operation of a private elementary school to be located in an existing 4,300 square foot building adjacent to Murray Elementary School. Property, described as Tax Map 58, Parcel 37C1, is located on the south side of St. Rt. 738 approximately LOGO' east of its intersection with St. Rt. 676. Samuel Miller Magisterial District. It was reported that the applicant had requested that the application be withdrawn. Mr. Wilkerson moved, seconded by Mr. Michel, that the applicant's request for withdrawal of SP-87-88 be accepted. The motion passed unanimously. ZTA-87-11 Berkmar Associates Land Trust - Petitions the Board of Supervisors to amend Section 25A PLANNED DEVELOPMENT- MIXED COMMERCIAL to allow uses permitted in Section 27.0 LIGHT INDUSTRIAL and to increase minimum acreage required to establish district. It was reported that the applicant had requested that the application be withdrawn. Mr. Gould moved, seconded by Mr. Wilkerson, that the applicant's request for withdrawal of ZTA-87-11 be accepted. The motion passed unanimously. Miscellaneous Mr. Cogan read a letter from Katherine Imhoff, Piedmont Environmental Council, thanking the Commission for hearing the PEC's Southwest Mountain Area Resource Preservation Study. Mr. Cogan called the Commission's attention to a memorandum from Mr. Ray Hass, University of Virginia, which was suggesting that a group of students which had served on the Master Planning Council make a presentation to the Commission related to student impact on the County. This was acceptable to the Commission. There was a brief discussion about Mr. St. John's role in the drafting of text for zoning amendments. Mr. Bowerman asked Mr. St. John if he reviews proposed amendments before Commission review. Mr. St. John explained that he does not feel this is necessary in most cases because staff is more experienced at drafting zoning and planning language than he. He also stated that in order for him to be certain of the intent of the amendment he must be aware of the Commission's intent and the applicant's intent. He stated that staff consults him about substance, but not about wording. Mr. St. John confirmed that he receives the proposed amendments in plenty of time to review them before the meeting. There being no further business, the me DS 19 F9 He