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Home My WebLink About12 10 1996 PC Minutes12-10-96 DECEMBER 10, 1996 The Albemarle County Planning Commission held a public hearing on Tuesday, December 10, 1996, in the County Office Building, Charlottesville, Virginia. Those members present were: Mr. William Nitchmann, Chairman; Mr. Bruce Dotson, Vice Chairman; Mr. Jared Loewenstein; Ms. Hilda Lee -Washington; Ms. Babs Huckle; Mr. William Finley; Also present were: Mr. Wayne Cilimberg, Director of Planning & Community Development; Mr. William Fritz, Senior Planner; Mr. Eric Morrisette, Planner; Mr. Juan Wade, Transportation Planner; Ms. MaryJoy Scala, Senior Planner; and Mr. Greg Kamptner, Assistant County Attorney. Absent: Commissioner Tice. The Chairman called the meeting to order at 7:00 p.m. and established that a quorum was present. The minutes of November 26,1996, were unanimously approved as amended. SP-94-28 Mt. Amos Baptist Church - Proposal to extend the approval period to add a fellowship hall to an existing church building. The property is zoned RA, Rural Areas and contains 1.12 acres. The property, described as Tax Map 29, Parcel 46, is located on the east side of Route 601, about 1/2 mile south of Free Union, in the White Hall Magisterial District and is not located in a designated Development Area (Rural Area 1). Mr. Fritz presented the staff report. Staff recommended approval subject to conditions. Ms. Huckle asked why the language in condition #2 had been changed from what was approved by the Commission with the 1994 approval. Mr. Fritz explained that the language which is shown is what was finally approved by the Board of Supervisors. Mr. Cilimberg added that the Zoning Administrator and County Attorney had felt it was better not to list specific uses, but to let determinations on particular uses be made on a case -by -case basis by the Zoning Administration. Ms. Huckle thought the term "related service and congregational use" could cover a wide variety of uses. Mr. Finley pointed out that Attachment B to the staff report (showing the location of the church) was incorrect. The applicant was not represented at the meeting. There being no public comment, the matter was placed before the Commission. There was no further Commission discussion. //I CM 12-10-96 2 MOTION: Mr. Dotson moved, Mr. Finley seconded, that SP-94-28/SP-96-51 for Mt. Amos Baptist Church be recommended to the Board of Supervisors for approval, subject to the following conditions: 1. Church expansion limited to not more than 1,200 square feet. 2. Usage of the church to be limited to worship and related service only. Use of the church for non -congregational activities shall warrant amendment of this special use permit. 3. The eastern entrance shall be used only as an entrance onto the property from Rt. 601, and a sign prohibiting exits from the property onto Rt. 601 shall be posted and maintained at the eastern entrance. 4. This special use permit shall expire on December 14, 1998 in accordance with Section 31.2.4.4 of the Albemarle County Zoning Ordinance as it exists on December 3, 1996, a copy attached. The motion passed unanimously. SP-96-39 Stamm Family Trust - Proposal to request an extension for a stream crossing in the floodplain of Muddy Run and Buck Mountain Creek. Property, described as Tax Map 7, Parcel 29A, is located on the north side of Rt. 687 (Shiffletts Mill Road) in the White Hall Magisterial District. This area is not located in a designated Development Area (Rural Area 1). Mr. Wade presented the staff report. Staff recommended approval subject to conditions. The applicant was present but offered no comment. There being no public comment the matter was placed before the Commission. There was no further discussion on the item. MOTION: Ms. Washington moved, Ms. Huckle seconded, that SP-96-39 for the Stamm Family Trust be recommended to the Board of Supervisors for approval subject to the following conditions: 1. This approval shall allow construction of only one of the two options outlined in the staff report of 1992. // cm M 12-10-96 3 2. A building permit to construct a crossing shall not be issued until the following conditions are met: a. Department of Engineering final approval. b. Water Resource manager approval of a water quality impact assessment plan. c. Compliance with all federal, state and local requirements pertaining to a perennial stream. d. Department of Engineering issuance of an Erosion Control Permit (grading permit). 3. This special use permit shall expire on January 1, 1999, unless construction commences by that date and thereafter completed within one (1) year. The motion passed unanimously. ------------------------------------- SP-96-47 Henry J. Browne - Petition to establish a home occupation class B on 2.556 acres zoned RA, Rural Areas, and EC, Entrance Corridor. Property, described as Tax Map 51, Parcel 25 is located on the west side of Rt. 231, approximately one mile south of the Louisa County Line. This site is located in the Rivanna Magisterial District and is not in a designated Development Area (Rural Area 2). Mr. Morrisette presented the staff report. Staff recommended approval subject to conditions. Staff deleted condition #5, explaining that staff had misunderstood the applicant's proposal and that painting is strictly a hobby and not part of the home occupation request. Mr. Morrisette said the staff does not support VDOT's recommendation that the entrance be upgraded to commercial standards. The report explained: "Staffs review of the application resulted in the determination that the level of traffic generated by the proposed use will not exceed the level of traffic generated by a single family dwelling, except for occasional client visits." In order to achieve a commercial entrance, substantial grading would have to take place on adjacent property which is not owned by the applicant. The applicant, Mr. Hank Browne, addressed the Commission. He explained that he is in the process of making the transition to retirement and will be finishing up some architectural projects for clients. After these jobs are complete no new ones will be undertaken. Also, he will be moving his drawings and photographs (approximately 28,000) to his home so that he will be able to store them in a controlled atmosphere. Regarding the issue of the entrance, he said he has very few client visits. There being no public comment, the matter was placed before the Commission. // 9 f 12-10-96 4 M The Commission expressed no concern about the entrance and indicated support for staffs position. There was no further discussion of the item. MOTION: Ms. Huckle moved, Mr. Loewenstein seconded, that SP-96-47 for Henry Browne be recommended to the Board of Supervisors for approval, subject to the following conditions: 1. The entrance onto Rt. 231 shall be maintained such that sight distance is optimized, providing a minimum of 250 feet of sight distance. 2. No commercial sales will occur on site. 3. Use will be limited to two people (applicant and one additional employee). 4. Use of existing parking facility only. 5. Type of material and color of the additions are to match the existing shed. 6. Additions to the existing shed shall be constructed in general accord with the site plan (Attachment G). 7. Should a bathroom be provided, Health Department approval will be required. The motion passed unanimously. ------------------------------------- SP-96-45 Albemarle County Fair, Inc. - Petition to amend the conditions of SP-92-19 to allow expanded hours and days of operation for the county fair located on 50 acres zoned RA, Rural Areas and EC, Entrance Corridor. Property, described as Tax Map 87, Parcel 3, is located on the north side of State Route 692 (Plank Road) approximately 0.4 miles west of Route 29 in the Samuel Miller Magisterial District. This site is not in a designated Development Area (Rural Area 3). Ms. Scala presented the staff report. Staff recommended approval subject to conditions. [NOTE: Conditions 2, and 4 were the same as the 1992 approval. Several changes were made to the original condition #1 and condition #3 had a very minor change.] Ms. Scala said it was her understanding that the additional hours were primarily to accommodate school visits during the week. Staff made the following change to the last sentence of condition #1: The phrase "Albemarle County Fair, Incorporated" was changed to "a qualified non-profit organization." /P_0 12-10-96 5 Mr. Finley asked why Sunday had been excluded from the original approval. Mr. Cilimberg said he thought the approval had been carried over for many years and days of operation may have been related to the location of the site. Mr. Dotson wondered if the word "annually" should be added to condition No. 1. Though staff later explained that this permit is for a single event, it was finally decided, for purposes of clarity, that the word "annually" would be added and the word "events" would be changed to "event." The applicant was represented by Mr. Steven Meeks, President of the Fair. He said the purpose of the request is to allow some flexibility in both the hours and days of operation. He asked why it is necessary to remove the phrase "Albemarle County Fair, Incorporated" from condition #1. Given the Fair's permits, and contracts with the property owner, he doubted that any other organization would ever be able to operate the Fair. (Mr. Kamptner explained that special permits run with the land and the entities which are eligible to conduct fairs are non-profit organizations which meet certain criteria. This permit could allow some other non-profit entity to operate the fair, if that situation should ever present itself. He concluded: "As long as the Albemarle County Fair, Inc., is running the Fair, it makes no difference.") Mr. Finley raised the issue of potential conflicts with youngsters' Sunday church activities. There was a discussion about how hours of operation on Sundays might potentially interfere with church hours. Mr. Meeks said, at this time, it is not envisioned that the fair will open at 9:00 a.m. on Sunday, or on any day. The 9:00 a.m. opening during the week, however, will allow for school field trips. Sunday's hours have not been decided yet, but it is thought that it will probably not open to the public until after church hours. Ms. Huckle asked if traffic control will be in place on weekdays as well as weekends. Mr. Meeks said the same method of operation will be followed as in the past, i.e. the Fair coordinates with the Police Department (traffic) and the Sheriffs Auxiliary (parking). The Fair notifies the Police Department of the operation schedule and the Police Department then decides when and how to provide traffic management. Mr. Cilimberg pointed out that traffic control is addressed in condition #3. Traffic management is completely under the control of the Police Department. There being no public comment, the matter was placed before the Commission. Mr. Loewenstein said it is encouraging that the Fair is so successful that additional hours are needed. He also said having the fair open more days might lessen some of the traffic problems which have occurred in the past. /o2l 12-10-96 6 N MOTION: Mr. Loewenstein moved, Mr. Dotson seconded, that SP-96-45 for the Albemarle County Fair, Inc., be recommended to the Board of Supervisors for approval subject to the following conditions: 1. Such event shall be limited to eight consecutive days annually. Hours of operation shall be limited to 9:00 a.m. to 11:00 p.m. ("Operation" shall mean the period of time during which the fair is open to the public and shall not include set up, dismantling and restoration activities.) This permit is issued for the conduct of the Albemarle County Fair by a qualified non-profit organization and shall not be used for any other event requiring special use permit pursuant to Section 10.2.2.42 and 5.1.27 of the Zoning Ordinance. 2. The applicant shall notify the Albemarle County Police Department, Virginia Department of Health, and servicing fire and rescue squads 60 days prior to each event and shall make adequate arrangements for the conduct of the event with each of these agencies. 3. Traffic management shall be approved annually by the Albemarle County Police Department, Virginia Department of Transportation and the Albemarle County Department of Planning and Community Development, with the final responsibility being that of the Police Department. 09 4. The applicant shall abide by the approved site plan and submit any requests for amendments for administrative approval at least 30 days prior to each event. Discussion: Mr. Finley noted that churches have been meeting in that area for many, many years. He felt 'one community event should compliment another." Expressing a concern about conflicts with church hours, particularly for young people, he said he would not support the motion. Ms. Huckle said a lot of Sunday events begin at 12:00 noon. Mr. Loewenstein pointed out that there are churches which meet on days other than Sunday. Mr. Dotson said he suspects it is not the Fair's intent to operate in any kind of significant way on Sunday mornings. The motion passed, 5:1, with Commissioner Finley casting the dissenting vote. M M cm 12-10-96 7 SP-96-48 Terry Dean's Dance Studio - Petition to establish a school of special instruction on approximately 0.525 acres zoned CO, Commercial Office. Property, described as Tax Map 61 W, Section 1, Block B, Lot 2, is located on the west side of Commonwealth Drive at Westfield Road in the Rio Magisterial District. This site is recommended for Regional Service in Neighborhood One. Ms. Scala presented the staff report. Staff recommended approval subject to one condition. [NOTE: Though 2 conditions were listed in the staff report, Ms. Scala explained that #2 had already been met so it was deleted.] The applicant, Ms. JoAnn Holland, was present but offered no additional comment. There being no public comment, the matter was placed before the Commission. There was no Commission discussion on this item. MOTION: Ms. Washington moved, Ms. Huckle seconded, that SP-96-48 for Terry Dean's Dance Studio, be recommended to the Board of Supervisors for approval subject to the following condition: 1. Hours of operation: 10:00 a.m. to 10:00 p.m. The motion passed unanimously. ------------------------------------- There being no further business, the meeting adjourned at 7:45 p.m. V. yne Cilimb retary DB /-,7,3