HomeMy WebLinkAbout05 25 1999 PC MinutesAlbemarle County Planning Commission
May 25,1999
The Albemarle County Planning Commission held a meeting and public hearing on Tuesday, May
18, 1999 in the County Office Building. Members attending were: Mr. William Finley, Chairman;
Mr. William Rieley; Mr. Jared Loewenstein; Mr. William Nitchmann; Mr. Rodney Thomas. Other
officials present were: Mr. Greg Kamptner, Assistant County Attorney; Mr. Ron Keeler, Chief of
Planning; Ms. Susan Thomas, Senior Planner. Absent: Ms. Hilda Lee -Washington, Vice -Chairman;
Mr. Dennis Rooker.
Approval of Minutes — May 4,1999 and May 11, 1999
The Commission moved, seconded and approved the minutes of May 4, 1999 as amended; as Mr.
Rooker was absent, the Commission deferred action on the minutes of May 11, 1999 because they
contain many statements made by Mr. Rooker.
Review of Board of Supervisors Meeting — Mav 19,1999
Mr. Keeler provided a report on the Board of Supervisors meeting, indicating that the Board had
approved the Starbase Alpha Dance Hall, although the applicant still needs to get a dance hall
permit. The Board approved two special use permits for Northway and Avis Trucking. Mr. Keeler
reported that the Board approved four special use permits for communications towers — the
Lickinghole tower, the Lickinghole repeater tower, the Scenic Lookout tower, and the tower at I-64
and Ivy. Mr. Keeler stated that the Board also approved the Grayrock North rezoning.
Matters not listed on the agenda
None were offered, and the meeting proceeded.
Deferred Items
SP 99-15 CV113 Red Hill (Sign #50 & 53)
Request for special use permit to allow for a personal wireless service facility in accordance with
Section 10.2.2.6 of the Zoning Ordinance which allows for radio -wave transmission and relay
towers. The property, described as Tax Map 87B Parcel 4, contains 1.357 acres, and is located in the
Samuel Miller Magisterial District at the intersection of Route 29 South (Monacan Drive) and State
Route 710 (Taylor's Gap Road). The property is zoned RA, Rural Areas and EC, Entrance Corridor
Overlay District. The Comprehensive Plan designates this property as Rural Area 3.
Citing a conflict with the Red Hill site as discussed in previous meetings, Mr. Rieley abstained from
the discussion and vote.
Ms. Thomas reported that staff met with the applicant on -site to view the proposed alternative
location for the pole which "seems superior" to the original location — better camouflaged and
further distance from the adjacent property owner's driveway. She noted that a better survey was
provided with her staff report showing the existing buildings on the site, and mentioned that there
was 175 feet between the tower and the house to the south and 264 feet between the tower and the
house to the west. "The tower is now quite far from both houses." Ms. Thomas added that the
landscaping plan would camouflage the ground level of the tower fairly well, noting that the
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applicant may have to remove a few of the bushes to be able to access the tower. She concluded by
stating that she believes this to be an improved application, and the adjacent property owner — Mr.
Sprouse — seemed to agree.
Mr. Thomas asked where the tower was located in the original plan, and Ms. Thomas responded that
it was approximately 20 feet northeast of the new proposed location. She indicated that she had met
with Mr. Sprouse and Kevin Arnold from CFW on the site for approximately 45 minutes to discuss
the new location and how it would be maintained.
The applicant, Dick Shear, Site Acquisition and Construction Manager for CFW, addressed the
Commission. Mr. Thomas asked him about the height of the antenna. Mr. Shear responded that the
application is written so that the pole can be 10 feet above the highest oak tree, noting that the
antennas would be on the pole and would not project above it. Mr. Loewenstein asked if the height
had been changed to 6 feet, but Ms. Thomas informed him that it was the Arrowhead site that had a
6-foot limit.
Public comment was invited. None was offered, and the matter was placed before the Commission.
MOTION: Mr. Nitchmann moved, Mr. Thomas seconded approval of SP 99-15 with conditions as
recommended by staff. Mr. Thomas asked about the size of the lightning rod; Ms. Thomas
explained that the rod is about the size of a pen in diameter, and extends two feet. The motion
passed unanimously.
MOTION: Mr. Nitchmann moved, Mr. Thomas seconded approval of the site plan waiver
associated with SP 99-15 with conditions as recommended by staff. The motion passed
unanimously.
MOTION: Mr. Nitchmann moved, Mr. Thomas seconded approval of the setback waiver
associated with SP 99-15. The motion passed unanimously.
Public Hearing Items
Mr. Keeler presented the staff report on three Zoning Text Amendments and one Subdivision Text
Amendment, indicating that all were initiated by resolution by the Board of Supervisors. He stated
that he would report on STA 99-01 and ZTA 99-01 together because they both deal with fees for
county projects. Mr. Keeler reported that under current ordinances, there is no provision for the
Zoning Administrator or Planning Department to not charge fees, resulting in those departments
charging other departments fees for reviewing plans and thus shifting money back and forth. He
stated that the amendments would do away with fees for county -initiated and school board projects.
STA 99-01
The Albemarle County Board of Supervisors has adopted a resolution of intent to amend section 14-
203 Fees of the Subdivision Ordinance to eliminate all application, inspection and other fees for any
project owned by Albemarle County or the Albemarle County Public School System.
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Public comment was invited. None was offered, and the resolution was placed before the
Commission.
MOTION: Mr. Loewenstein moved, Mr. Nitchmann seconded approval of endorsement of STA
99-01. The motion passed unanimously.
ZTA 99-01
The Albemarle County Board of Supervisors has adopted a resolution of intent to amend section
35.0 Fees of the Subdivision Ordinance to eliminate all application, inspection and other fees for any
project owned by Albemarle County or the Albemarle County Public School System.
Public comment was invited. None was offered, and the resolution was placed before the
Commission.
MOTION: Mr. Rieley moved, Mr. Thomas seconded approval of endorsement of ZTA 99-01. The
motion passed unanimously.
ZTA 99-02
The Albemarle County Board of Supervisors has adopted a resolution of intent to amend section
35.0 Fees of the Subdivision Ordinance to require payment of delinquent real estate taxes on
properties subject to a zoning application or approval.
Mr. Keeler reported that ZTA 99-02 deals with the requirement to pay delinquent real estate taxes on
properties that are subject to the zoning application or other approval. He stated that the ordinance
comes from the Code of Virginia and is a permissive, not mandatory provision within the code. Mr.
Keeler stated that the code offers two methods of implementation: payment or evidence if no
payment is due before processing of an application; payment or evidence before final approval of an
application. Staff has recommended that payment be due before processing of the application, and
reported that this amendment was an effort involving three departments and the county attorney's
office. He noted that there would be coordination between the development departments and the
Department of Finance, and inquiry regarding tax payments would be made internally due to its
confidential nature. Mr. Keeler added that the requirement would apply to several hundred
applications per year, and the Director of Finance "wholeheartedly supports this effort."
Mr. Loewenstein asked what the dollar value of these applications might be. Mr. Keeler responded
that he did not know.
Mr. Keeler proceeded to read the language for the amendment as outlined in his report.
Public comment was invited. None was offered, and the item was placed before the Commission.
MOTION: Mr. Thomas moved, Mr. Loewenstein seconded approval of ZTA 99-02 as presented by
staff. The motion passed in a 4-1 vote, with Mr. Rieley dissenting.
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ZTA 99-03
The Albemarle County Board of Supervisors has adopted a resolution of intent to amend the Zoning
Ordinance to define "animal shelter"; provide for "animal shelter" by special use permit in the C-1
Commercial, HC Highway Commercial and RA Rural Areas zoning districts; and provide
supplementary regulations applicable to "animal shelter."
Mr. Keeler presented the staff report, indicating that the amendment was initiated by the Board at the
request of one Board member. Mr. Keeler stated that the SPCA — given the acquisition of right-of-
way for the new bypass — will now have most of their building within the right-of-way. He reported
that the SPCA would like to remain on the property, and in discussions with the Zoning
Administrator, it became evident that there is no provision in the ordinance currently that is
comprehensive enough to include the SPCA. Mr. Keeler noted that while the amendment would
affect more than just the SPCA, staff does not believe that it is likely there would be a host of animal
shelter applications.
He said that "animal shelter" is defined in the Code of Virginia (not in the Land Use section) as "a
facility which is used to house or contain animals and which is owned, operated and maintained by a
duly incorporated humane society, animal welfare society, society for prevention for cruelty to
animals, animal rescue group, or any other organization devoted to the welfare, protection, or
humane treatment of animals." Mr. Keeler added that if the Commission feels that the wording of
"any other organization devoted to the welfare, protection, or humane treatment of animals" makes
the definition too broad, than the language could be deleted.
164W Mr. Keeler stated that the initial resolution he drafted for the Board recommended consideration be
given to the rural areas, highway commercial, and C 1. Mr. Keeler explained that staff recommended
in the rural areas and highway commercial because "commercial kennels" are already permitted by
special use permit in those areas; he added that in the C1 district — by special use permit — the
Zoning Ordinance provides for veterinary offices and hospitals. "The reason it may be appropriate
within the C 1 district is due to the location of their actual site, zoning in that area — on the west side
of Berkmar Drive — commercial zoning is C 1. There is some concern that getting Highway
Commercial zoning there, even if it's limited to the SPCA, may be difficult because it's been the
Board's policy not to jump across Berkmar Drive with heavy commercial zoning."
Mr. Keeler concluded that staff is recommending the ZTA in all three districts, noting that it
stipulates a special use permit and thus provides the "security" of special permit review. "The only
issue regarding including it by special permit in the C 1 district is it may be difficult in the future if
someone seeks an amendment to the C 1 for a boarding kennel, it may be difficult to not allow a
boarding kennel if you allowed an animal shelter... one difference that staff sees here is that the
SPCA is in the nature of a public service... whereas a boarding kennel is simply a commercial
enterprise. We may be able to distinguish along that basis." He added that veterinary offices and
animal hospitals are granted by special use permit in the Cl district, and the SPCA would be subject
to the same supplementary regulations. Mr. Keeler noted that Mr. Kamptner has drafted a revised
ordinance to include animal shelter by special use permit in the C1, Highway Commercial district,
and Rural Area districts.
Mr. Rieley asked if there were other zoning districts considered that were rejected by staff.
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Mr. Keeler replied that staff looked at districts that included commercial kennels, which seemed to
'%W' be the use "most kindred" to the SPCA use. He indicated that he understood the new SPCA facility
to be enclosed, which is not always the case with boarding kennels. Mr. Keeler said that while many
localities provide for kennels in industrial districts, the Albemarle Zoning Ordinance had been
amended so many times before it was newly adopted in 1980, the industrial and commercial districts
were mixed and the Board wanted the new industrial districts to be specifically industrial. He added
that the SPCA has looked for a different location for a number of years, but has not been able to
locate an appropriate. site.
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Mr. Rieley said, "My inclination is to make [the amendment] as broad as possible because it's a
special use permit anyway, and to make it as easy as possible for organizations like the SPCA to
have as broad a spectrum of sites to choose from as possible... my inclination would be to include as
many of these [districts] as we think could reasonably be expected to provide sites."
Mr. Keeler commented, "I think we would have to re -advertise to include industrial districts."
Mr. Kamptner said that allowing an additional use could be considered an intensification of the use.
Mr. Keeler said, "I reviewed ordinances from other localities and .... only one other ordinance that I
looked at — and I think that was Henry County — actually mentioned animal shelter as a use, and it
was included in their definition of kennel. Almost everyone permits kennels under rural areas in
their agricultural districts." He continued that he had drafted the resolution text for the Board, and
the County Attorney's office drafted the resolution — which included C 1.
Public comment was invited.
Mr. Dan Meador, an Albemarle County SPCA Board member, addressed the Commission and
introduced other Board members. He spoke on behalf of the Board, indicating that they do support
the zoning text amendments and asked that they be as broad as possible. Mr. Meador said that the
SPCA Board supports the amendments to allow an animal shelter by special use in the C 1, RA, and
HC districts. "We do think it is particularly important that it be available in the C1, given what's
going on in our neck of the woods on the west side of Berkmar Drive." Mr. Meador said that some
of the parcels to the south of the SPCA have been rezoned C I, including the parcel directly adjacent
to the south of their site.
Mr. Meador added that their intent is to build a new animal shelter on Berkmar Drive, and stated that
they do provide a public service — a pound — that is required by statute. `By contract with the
county, for many years we have served as that pound... it's something that the county is required to
have, and by this relationship with the county, we have served as the pound for the county [and the
City] ... which is one reason we would like to rebuild in reasonable proximity to the City." Mr.
Meador said last year, the SPCA received almost 4,800 dogs and cats. He urged the Commission to
recommend to the Board that the ordinance be amended to allow the animal shelter by special use
permit in RA, HC and C 1.
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Mr. Rieley asked if there had been a specific site identified on Berkmar Drive for the new SPCA
facility.
Mr. Meador replied that Tax Map 45, Parcel 86 — which runs from Woodburn Road where the
present shelter access is located to Berkmar Drive — is the parcel intended for the new site. He said
that the proposed Route 29 by-pass takes approximately 3 acres of their 9.1 acre parcel, leaving a
nice 5.88 acre parcel on Berkmar Drive across from "Adventureland" amusement area.
Mr. Keeler noted a sketch provided to Commissioners of the road plans, which clearly go "right
through the main building." He added that the acquisition would take most of the other buildings.
Mr. Thomas asked if the Berkmar Drive site was a "rural enough location for an SPCA."
Mr. Meador responded that it is an appropriate location in a commercial area, because the SPCA
board is considering adding spay/neuter services at the new facility, making it more like a veterinary
office/animal hospital. Mr. Meador continued that because they have animals for adoption, it is
important that they receive consumer traffic, and the exposure on Berkmar Drive would "do
wonders" for placing animals in good homes. He added that the purchase/adoption fee of animals is
similar to retail, and the boarding of animals is similar to that of a kennel.
Mr. Finley asked if it is required for an adopted cat or dog to be spayed or neutered.
Mr. Meador replied that people who adopt the animals agree in writing that they will spay or neuter
them, but the enforcement of that is "uneven." He added that it would be a great benefit to reducing
the unwanted animal population if they could spay/neuter them before they leave the shelter.
Mr. Mike Foreman, SPCA Director, addressed the Commission. He reported that Virginia law
stipulates that adopted pets be spayed or neutered when adopted from a shelter. He said that in 1998,
1,073 dogs and 1,023 cats were adopted; another 400+ stray dogs and 60+ stray cats were returned to
their owners. Mr. Foreman emphasized that their location is very important because the animal
control divisions have easy access to the shelter, and the nearby shopping activity provides needed
traffic to the shelter. "If we were put in an area away from this area that we're currently [in], I think
it would drastically affect adoptions." He mentioned other shelters in other counties where
adoptions are very low, because of the distant rural settings of their shelters. Mr. Foreman added
that the noise situation will be greatly reduced with the new indoor facility, and added that studies
show that animals have a better living situation when in an indoor kennel.
There being no further comment, the matter was placed before the Commission.
Mr. Nitchmann asked if anyone could form an "animal rescue group" without certification, and
expressed concern that the word "or" in the general provisions defining animal shelter could leave a
broad interpretation. Mr. Rieley suggested rewriting the language to say "or any other duly
incorporated organization devoted to the welfare, protection, and humane treatment of animals."
Fellow Commissioners agreed with the language change.
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MOTION: Mr. Nitchmann moved, Mr. Loewenstein seconded approval of ZTA 99-03 with the
4*ftw, language change. Mr. Rieley noted that the SPCA work is some of the most important work in the
community. The motion passed unanimously.
Old Business
Mr. Loewenstein asked if Commissioners needed to do anything with the Design Standards Manual.
Mr. Keeler indicated that other Commissioners had expressed an interest in having more time to
review the manual. Mr. Rieley said he was supposed to be on the committee, but never received
notice of the meeting. Mr. Keeler said that the committee has not met in a very long time, and noted
information in Commissioner packets from the Land Use Regulation Committee. Mr. Keeler said he
would like to get the item back on the agenda for June 8 h.
New Business
Mr. Loewenstein said he had received a letter from Brian Carlson of State Farm Insurance inviting
all Commissioners to join an ad -hoc group of Charlottesville business and education leaders for a
presentation and a workshop on June 14t' from 9:30 — 11:00 a.m. at Monticello High School. The
keynote speaker will be Dr. Tom Toberman of the Virginia Employment Commission, and a
reception will be held afterwards. Mr. Loewenstein said the group — which includes the
superintendents of both Charlottesville and Albemarle schools, Chamber of Commerce officials, etc.
— has been meeting for the past year to discuss area workforce issues. He said that because of the
Workforce Investment Act of 1998 that will significantly change how workforce recruiting, training
and employment are conducted throughout the U.S., the group has invited Commissioners to join the
dialog. Call 980-4646 for more information.
Mr. Finley said he would be absent on June 15`h and would not chair the meeting.
The meeting was adjourned at 7:00 p.m.
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V. Wayne Cilimb rg
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