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HomeMy WebLinkAbout08 17 1999 PC MinutesAlbemarle County Planning Commission August 17,1999 The Albemarle County Planning Commission held a meeting and public hearing on Tuesday, August 17, 1999 in the County Office Building. Members attending were: Mr. William Finley, Chairman; Mr. William Nitchmann; Mr. William Rieley; Ms. Hilda Lee -Washington, Vice -Chairman; Mr. Dennis Rooker. Other officials present were: Mr. David Benish, Chief of Community Development; Ms. Mary Joy Scala, Senior Planner. Absent: Mr. Rodney Thomas; Mr. Jared Loewenstein. Approval of Minutes — August 3,1999 The Commission moved, seconded and unanimously approved the minutes of August 3 as presented. Review of Board of Supervisors Meeting — August 11th,1999 Mr. Benish presented the review of the meeting. He reported that the Board reviewed three items previously considered by the Commission and approved SP 99-29 (Michie Tavern) with the six conditions recommended by the Commission; approved ZMA 99-07 (Victoria Burton-Deerwood) with the acceptance of a proffer to provide sidewalks along one side of Deerwood Drive to Airport Road; approved SP 99-32 (Hawksbill Pottery) with conditions recommended by the Planning Commission, prohibiting the Open Houses and granting the permit for a one-year period subject to review after one year. Matters not listed on the agenda None were offered, and the meeting proceeded. Public Hearing Items: Addition to Lanark Agricultural/Forestal District Proposal to add 154.638 acres to the Lanark Agricultural/Forestal District. Property, described as Tax Map 90, Parcels 12 and 14A, is located northwest of Scottsville Road, Route 20 South. The property is designated as Rural Area in the Comprehensive Plan and is zoned Rural Areas District. Ms. Scala reported that the proposed addition is located on Route 20 South, opposite Marshall Manor subdivision, and consists of approximately 155 acres in two parcels; the applicant already owns land elsewhere within the Lanark District. The Open Space Plan shows the land as important farmland, and Route 20 is a Virginia Byway and an Entrance Corridor. Staff recommends approval of the addition as proposed, and the Agricultural/Forestal District Advisory Committee unanimously recommended approval of the addition at their August 2d meeting. Mr. Nitchmann asked if the parcels of land proposed to be added are in the gravity flow of the sewer system. Mr. Benish responded that the parcels are located outside the area designated for development, but are within the Biscuit Run drainage area; he added that the land is within the stream valley area for Biscuit Run, which is the stream valley that the utilities would run down further north within the development area. Planning Commission — 8/17/99 109 Mr. Nitchmann asked staff to confirm whether or not the parcels are in an area where they could be 4%Wl served by the sewer using the gravity flow. Mr. Benish replied, "It's not in the jurisdictional area for water and sewer service." Mr. Nitchmann acknowledged this, but asked, "Is it in an area where, if I build houses there and put a sewer line out to them, will it flow to the water system that we have in place without having to be pumped." Mr. Benish responded, "There's no system in place." M Mr. Nitchmann expressed concern about "putting something in to the Agricultural District if [eight or ten years from now] we decide after we do the DISC study, because Route 20 is the next natural growth area around the community because of the three schools being in the area, the gravity flow of the sewer system which would mean that utilities could go out there very easily and could be serviced. And if this piece of property can fit that mold, then I'm a little bit concerned about putting into something that we may not be able to do anything with 10 years from now." Ms. Scala said she understands Mr. Nitchmann's concern, but added, "It's not something that we analyzed because that's not going to happen anytime soon and it is in a Rural Area now, and that's how we have to look at it. We didn't really analyze it for it's ability to be served by gravity sewer." Mr. Nitchmann said, "I think we need to analyze it before we have a vote on it... I think it's very, very important to the future growth models we have for the county to look at 20 South, and its ability to carry the housing that's going to be necessary in the future." Mr. Benish said, "We're so far from utilities, it's hard to say whether it's going to need to be pumped or not. I just can't technically answer that question for you, but it is within the Biscuit Run drainage area." Mr. Nitchmann asked if someone in the Rivanna Water and Sewer Authority could answer the question, and suggested deferring the vote until an answer was available. Mr. Rooker asked, "What difference does it make. You can't make this guy develop his property anyway, and even if you designated this area for a future growth area five years from now, he wouldn't have to develop his property. You're not going to rezone the property over his objection. It's zoned Rural/Agricultural....you can't force development on him anyway, and if he wants to take it out of the Ag/Forestal District, he can always petition to take it out." Mr. Nitchmann retorted, "It's in my district. I'm just asking a question, and I'd like to have the question answered before I vote on it. I think it's a reasonable thing for me to ask." Mr. Rooker said, "Let's assume there's a yes answer to the question. What difference would it make?" He added, "If the vote is the same, regardless of what the answer is, then what difference does the answer make." Mr. Nitchmann asked fellow Commissioners to delay the vote on the item for one week until an answer can be obtained from the RWSA. Mr. Finely suggested the item be put on the Consent Agenda for the August 24`h meeting. Planning Commission — 8/17/99 110 09 Em Mr. Kamptner advised the Commission to conduct the public hearing at this meeting. Mr. Finely said, "He may be putting it in a district because he doesn't want to develop, but five years from now, he may change his mind." Ms. Scala said she would get the answer regarding gravity flow from the Department of Engineering. Public comment was invited. None was offered, and the matter was placed before the Commission. MOTION: Mr. Nitchmann moved, Mr. Rieley seconded approval of deferral of the vote on the addition until August 201, 1999 so that staff can find out whether or not the parcels are in the gravity flow of the sewer system. The motion passed unanimously. Addition to Buck Mountain Agricultural/Forestal District Proposal to add 13.5 acres to the Buck Mountain Agricultural/Forestal District. Property, described as Tax Map 17, Parcel 32, is located south of Davis Shop Road, Route 671. The property is designated as Rural Area in the Comprehensive Plan and is zoned Rural Areas District. Ms. Scala reported that the parcel is an addition of 13.55 acres in one parcel; the applicant also owns land already in this district. She said the land is being used for agricultural and forestry purposes, and the Open Space Plan shows the area to have important farmland and forest; Buck Mountain is designated a mountain above the 900' contours. Ms. Scala added that Buck Mountain Creek is a major stream valley in the South Fork/Rivanna River Reservoir Watershed. She concluded that staff recommends approval of the addition as proposed, and the Ag/Forestal District unanimously recommended approval of the addition at their August 2" d meeting. Mr. Finley commented, "I'm pretty certain there will never be any sewers out in this district, because I don't live too far from here — being in the watershed of the reservoir." He wondered if joining an Ag/Forestal District would keep the gas line off of his property. Ms. Scala noted that if it took more than one acre of his property, or more than 10 acres of entire district, then it would have to go to the Board of Supervisors for review. She indicated that that situation arose with Columbia Gas Pipeline in the Blue Run District; the end result was they were allowed to extend the gas line, but the farmers had some leverage as to what time of year the work took place on their farms. Public comment was invited. None was offered, and the meeting proceeded. MOTION: Mr. Rieley moved, Mr. Rooker seconded approval of the addition to the Buck Mountain Agricultural/Forestal District. The motion passed unanimously. Creation of the South Garden Agricultural/Forestal District Proposal to create the South Garden Agricultural/Forestal District. Property, described as Tax Map 109, Parcel 70 and Tax Map 110, Parcels 08, 18, and 18E, is located south of Cove Garden Road, Planning Commission — 8/17/99 111 Route 633. Cumulatively, the parcels comprise 1265.13 acres. The property is designated as Rural Area in the Comprehensive Plan and is zoned Rural Areas District. Ms. Scala reported that the property is located near Covesville, off of Cove Garden Road [Route 633], on the east side of Route 29 South. She explained that the new district contains 1265 acres in four parcels, and the proposed time period suggested by the applicant is seven years; the land in the is being used for cattle, horses and forestry. Ms. Scala said that the Open Space Plan shows the area to have important farmlands and forests; Fan Mountain is designated a mountain above the 900' contour. She added that the South Fork — Hardware River, Branch and Harris Branch are major stream valleys which traverse; the Pinkerton House has been surveyed as a historic structure. She noted that the district is the first new one to be created since 1993, and staff recommends approval of the district; the Agricultural/Forestal District Advisory Committee unanimously approved addition of the district at their August 2d meeting. Ms. Scala added that staff discussed the new district with property owners in the area who might be willing to join, and Mr. Perkins — who owns the parcels designated for the district — notified one man with a 700 acre parcel of land who was agreeable. She said that people can join onto the district right up to the Board vote date, even though the item has not appeared before the Advisory Committee or Planning Commission. Mr. Rieley commented that the area is one of the prettiest valleys in the county. Public comment was invited. None was offered, and the matter was placed before the Commission. MOTION: Mr. Rooker moved, Mr. Rieley seconded approval of the creation of the South Garden Agricultural/Forestal District. The motion passed unanimously. Creation of the Nortonsville Local Agricultural/Forestal District Proposal to create the Nortonsville Local Agricultural/Forestal District. Property, described as Tax Map 8, Parcel 26, is located northwest of Nortonsville and south of Boonesville Road, Route 810. The parcel comprises 92.575 acres. The property is designated as Rural Area in the Comprehensive Plan and is zoned Rural Areas District. Ms. Scala reported that this district is unusual because it is the first "local" Agricultural/Forestal District, explaining that Albemarle County adopted a "local" Ag/Forestal District ordinance in 1993, but up to now has not had any applications for one. She said that the ordinance was adopted in anticipation of situations where landowners did not have 200 acres yet wanted to join a district and did not have a district available in their area to join onto. Ms. Scala said that this is the first time someone has applied for this, and the local ordinance stipulates that a landowner may apply to enroll in a local district only if that property cannot first be included in a statewide district. She continued that the rules for local districts are slightly different, with a minimum of 25 acres versus the state minimum of 200, and the parcels are not subject to restrictions on land acquisition by natives of the Commonwealth. Also, a local district is always in effect for eight years, rather than four to 10 years. Ms. Scala said the local districts are also eligible for use/value benefits, and land may not be developed for more intensive use; the stated purposes for both local and statewide districts are essentially the same. She noted that the criteria the Commission should use to evaluate Planning Commission — 8/17/99 112 the local districts are also the same, with the additional consideration of scenic & historic value for the local districts. Ms. Scala said that the proposed district is located northwest of Nortonsville and south of Owensville Road [Route 810], right on the Greene County line. She explained that the district contains 92.5 acres in one parcel, and the same applicant who had the addition to Lanark is proposing this new district. Ms. Scala reported that the time frame for the district is eight years; the nearest statewide district is the Buck Mountain district, which is 1.3 miles to the south, just out of range for the parcels to join it. She further noted that the Open Space Plan shows the Lynch River as a major stream valley that traverses the district, and there is an unnamed mountain above the 900' contour located in the district. Ms. Scala concluded that this is the first local district to be created, and staff recommends its approval; the Agricultural/Forestal District Advisory Committee recommended unanimously to approve the creation of the district at their August 2' meeting, subject to resolution of the Greene County Question. Ms. Scala explained that the parcel slightly straddles the Greene County line, and one committee member asked how that would be resolved. She said that there are two other districts that straddle county lines, and the county in the past has just included the part that lies in Albemarle in the district; just the portion in Albemarle would be considered to be in the district. Mr. Rieley said that there are interesting possibilities for continuing the districts into other counties. Ms. Scala said that she has not checked with the Greene County administrator regarding any Ag/Forestal ordinance they may have. *NW Mr. Rooker asked if all of the land has to be in the same county to satisfy the total acreage requirement. Ms. Scala responded that she was unsure. Mr. Kamptner commented that the acreage requirement would probably need to be satisfied within Albemarle County to fulfill the local Ag/Forestal District ordinance; he said that he would look into the guidelines further. 05 Mr. Finley asked Ms. Scala to clarify what "local" means. Ms. Scala explained that most of the Ag/Forestal Districts are statewide districts, and are larger properties that are of importance on a statewide basis; whereas the smaller ones aren't large enough to attain that status but are also recognized to have importance. She added that when the district is put on a map, the effect is essentially the same: the property owner agrees not to develop the property for more intensive use while in the district, and in exchange they may benefit from land -use tax. Mr. Rooker asked if a property does not qualify for land -use taxation, but is put in an Ag/Forestal District, if the property acquires land -use taxation status. Ms. Scala replied that if there are at least 20 acres, the property qualifies for the Open Space type of land use tax if in a conservation easement or Ag/Forestal district; if the property is less than 20 acres, just joining a district will not allow you to get the land -use tax. She added that when land is put into a conservation easement, it is not on the land -use tax rolls, even though it qualifies for the same low rate; it may show up on the Ag/Forestal District chart as not having land -use tax. Mr. Rooker noted that you can have property that is down -zoned that might qualify to be in an Ag/Forestal District, but would not qualify for land -use taxation. Planning Commission — 8/17/99 113 Ms. Scala emphasized that there are four types of land -use tax: agricultural, horticultural — with a minimum of 5 acres and a minimum of 5 years in that use; forestry — with a minimum of 20 acres and no time requirements; and open space — with a minimum of 20 acres. Mr. Rooker said that under the forestry requirements, a certain percentage of the property has to be planted with trees. He added that not all pieces of property in the Rural Areas can be qualified for land -use taxation purposes. Ms. Scala said that the property must be in an Ag/Forestal District, or in a conservation easement, or in an agreement similar to an A/F District written between the landowner and the county. She added that an A/F District may be a very good plan for landowners of active agricultural land who are retiring from farming, but still wish to keep their property in open space. Mr. Kamptner reported that the ordinance stipulates that the local districts must be within one jurisdiction, whereas statewide districts can cross boundaries — provided the applicant applies and is approved in both jurisdictions. Public comment was invited. None was offered, and the matter was placed before the Commission. MOTION: Mr. Rooker moved, Mr. Rieley seconded approval of the creation of the Nortonsville local Agricultural/Forestal District. The motion passed unanimously. Old Business ;4 Mr. Finley and Mr. Benish reported that a joint meeting/worksession with the Greene County Planning Commission is tentatively scheduled for August 31 st at 6:00 p.m. at the County Building. Staff will coordinate with the Greene County Commissioners to confirm the meeting time and place. Mr. Finley stated that there will be no formal agenda, but will be primarily informational. Mr. Rooker suggested it might be helpful to get an update on the county's plans for development along Route 29, including how deep their development strip goes on Route 29, and how it matches up with Albemarle's zoning up to the county line. Mr. Nitchmann commented that he may not be able to attend. Mr. Benish said that the focus of the meeting would be transportation improvements, utility issues, and general land -use questions. Mr. Rooker said it would be helpful to have a map of both sides of the county line. Mr. Benish noted that it is in the county's work program to begin undertaking joint studies of areas of adjacent localities that are of common interest — Zion's Crossroads, Gordonsville, the 29 Corridor, Schuyler, etc. Mr. Rooker said it would be helpful to have a map that shows Albemarle's 29 North properties — including both the zoning and the Comprehensive Plan designations. New Business Resolution of Intent — ZTA 99-04 Farmers Market — Proposal to amend the RA, Rural Areas District of the County Zoning Ordinance to permit farmers markets. Mr. Benish said that the amendment to the Zoning Ordinance would allow farmers markets by special use permit in the Rural Areas. He said that the Board of Supervisors amended the Ordinance Planning Commission — 8/17/99 114 cm in 1995 to allow farmers markets within the C-1 and HC Commercial zoning districts, but did not include them within the Rural Areas district; prior to 1995, farmers markets had not been permitted at all by the ordinance. Mr. Benish said that the logic behind not permitting them in the Rural Areas was to try to encourage the farmers to sell where the customers are located, and also, it was felt that if there was an appropriate Rural Areas location, it would be at public schools. He added that the county does not have enabling legislation to be involved in the development of farmers markets; because the use isn't otherwise permitted in the Rural Area, there is no ability for the private sector to have a farmers market in the Rural Areas. Mr. Benish said that staff feels there may be opportunities and appropriate situations for farmers markets to be located in the Rural Areas, and therefore recommend that the Resolution of Intent be adopted by the Board of Supervisors to pursue amending the ordinance to allow the markets. He added that the markets would be allowed by special use permit. Mr. Nitchmann recalled the discussions in 1995, and wondered what has prompted the change. Mr. Benish replied that there was an effort by individuals to establish a farmers market at Albemarle High School, which lies in the Rural Areas district. He added that the management of that market needed to be handled by a county office — either the extension office or the county — and the county attorney's office determined that there is not state -enabling legislation to be directly involved in that management. Mr. Benish said that that finding effectively prohibited the use of the school, and technically there is no possibility to do a market in the Rural. Areas; staff would like to look into allowing markets by special use permit, setting some criteria to evaluate its appropriateness in the Rural Areas, Mr. Nitchmann suggested also evaluating the definition of "farmers markets" so that the efforts are not diluted by an overabundance of markets. He added that there should be some coordination with the City Market also. Mr. Benish agreed, and clarified that the Resolution of Intent does not indicate that the ordinance will be amended. He added that one concern is that the markets are truly farmers markets, and don't develop into flea markets. Mr. Rooker noted that the present definition of farmers market only requires two or more farmers. Mr. Benish also noted that the ordinance requires an existing parking area. Mr. Finley asked, "What's wrong with two farmers getting together and having a little market?" Mr. Nitchmann said that there is nothing wrong with it, but the county needs to make sure that there are not too many markets opened. Mr. Rooker noted the definition of farm sales in the ordinance, and also mentioned the "seasonal sale" language as possibly prohibiting non -seasonal items. "It may be that the definition of the kinds of goods that are allowed is too limiting to have a real farmers market of the kind that is presently held in Charlottesville." Planning Commission — 8/17/99 115 M Ms. Scala commented that the whole idea of having farmers markets is to make the farmer more successful. Mr. Benish commented that there has been interest from the private sector in establishing farmers markets, but there have been no applications yet. Mr. Rooker wondered whether the intent was still there to seek enabling legislation to allow farmers markets. Mr. Benish said that perhaps that could be pursued as a parallel track. Mr. Benish said that the Commission's role at this time is to recommend to the Board of Supervisors an intent to amend the ordinance; they will vote on the resolution on their September 15`h Consent Agenda. MOTION: Mr. Nitchmann moved approval of the resolution of intent for ZTA 99-04 to amend the RA District of the County Zoning Ordinance to permit farmers markets. Mr. Benish said that technically the Commission could handle the amendment without the Board, but staff felt that the item should also be reviewed by the Board. Mr. Finley wondered if the special use permit fee would be the same for other permits. Ms. Washington seconded the motion. The motion passed unanimously. There being no further business, the meeting adjourned at 6:45 p.m. V. Wayne Ciliml Secretary Planning Commission — 8/17/99 116