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HomeMy WebLinkAbout08 09 88 PC MinutesAugust 9, 1988 The Albemarle County Planning Commission held a public hearing on Tuesday. August 9, 1988, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. David Bowerman, Chairman; Ms. Norma Diehl, Vice Chairman; Mr. Keith Rittenhouse; Mr. Tom Jenkins; Mr. Harry Wilkerson; and Mr. Tim Michel. Other officials present were: Ms. Amelia Patterson, Senior Planner; Mr. John Horne, Director of Planning and Community Development; Mr. Ronald Keeler, Chief of Planning; Mr. Wayne Cilimberg, Chief of Community Development; and Mr. George St. John, County Attorney. Absent: Commissioner Stark. The Chairman called the meeting to order at 7:30 p.m. and established that a quorum was present. The minutes of July 26, 1988 were approved as submitted. CONSENT AGENDA/ Ivy Creek Agricultural/Forestal District - Mr. Wilkerson moved, seconded by Ms. Diehl, that the Consent Agenda be adopted. The motion passed unanimously. SP-88-42 John Purcell - Request in accordance with Section 10.2.2(2) of the Zoning Ordinance for the issuance of a special use permit to allow a hunting lodge to be located on 89 acres, zoned RA, Rural Areas. Property, described as Tax Map 124, Parcel 11, is located both north and south of Rt. 761 adjacent to the Fluvanna County line. Scottsville Magisterial District. Deferred from Planning Commission Meeting of July 5, 1988. Ms. Patterson gave the staff report. Staff recommended approval subject to conditions. Referring to the Virginia Department of Transportation comment that "Rt. 761 is currently non -tolerable and this request would generate more traffic," Mr. Rittenhouse asked Ms. Patterson to comment. Ms. Patterson explained that this is a standard comment with special permits and rezonings. She added that staff views this use as one which will generate a minimum of traffic. Mr. Bowerman asked Mr. St. John if there was any way to enforce the limitation on:the noise or to measure the decibel level accurately. Mr. St. John responded that a member of the County staff would have to calibrate the noise at the property line.. He felt this was a matter of practical difficulty, but was not a legal impossibility. The Chairman invited applicant comment. The applicant was represented by Mr. Andy Mills. He offered little additional comment except to state that theapplicant was ready to comply with all the conditions of approval. There being no public comment, the matter was placed before the Commission. /A August 9, 1988 Page 2 Ms. Diehl asked the applicant to explain the plans and facilities for housing the dogs at the Lodge. Mr. Mills explained that dogs would be kept at the facility for three to four months, curing deer hunting season, and would be kept in individual dog houses on chains. He confirmed that the dogs would be cared for daily. He explained that though deer season was only 5 weeks, the dogs were put together for a longer period so they could get used to running together. He confirmed the dogs were used only during deer season. Ms. Diehl was in favor of a condition being added addressing the temporary nature of the kennel. It was later decided that condition No. 5 would be added as follows: ---Dogs shall be permitted in the temporary holding area from September lst to January 15th. In response to Mr. Michel's question regarding whetrier or not the applicant was bound to the description of the building as stated in the staff report, Mr. Horne stated the applicant was not bound to that description unless the Commission wished to include that as a condition of approval. Mr. Michel also asked if the special permit was only for this applicant, i.e. Woodridge Sportsmen's Association, or if it went with the property. Mr. Horne explained that the permit would go to the property unless the Commission limited it specifically to this applicant. Mr. Horne reminded Mr. Michel that a site plan will have to be approved and staff will "apply our understanding of what has been submitted here to that site plan approval and if something very dissimilar was submitted, we would not approve it." It was determined the following condition would be added: ---Permit is issued to the Woodridge Sportmen's Association and is not transferable. Mr. Jenkins moved that SP-88--42 for John Purcell be recommended to the Board of Supervisors for approval subject to the following conditions: 1. This permit does not authorize a shooting range or club hunting activities. 2. The lodge shall be compatible in appearance with a single family residence. 3. Staff approval of the site plan, to include Virginia Department of Transportation approval of a commercial entrance. 4. Compliance with Section 5.1.2 "Clubs, Lodges" Supplementary Regulations. a. Regardless of provisions of individual zoning districts, gun clubs and shooting ranges shall be permitted by special use permit only. b. Such subordinate uses and fund-raising activities as bingo, raffles, auctions, etc., shall be conducted in enclosed buildings only. 'poise generated from such activity shall not exceed forty (40) 40 August 9, 1988 Page 3 decibels at the nearest agricultural or residential property line. No such activity shall be conducted between 11:00 p.m. and 8:00 a.m. 5. Dogs shall be permitted in the temporary holding area from September 1 to January 15. 6. Permit is issued to the Woodridge Sportmen's Association and is not transferable. Mr. Michel seconded the motion which passed unanimously. Addition to Moorman'.s River Agricultural/Forestal District - Proposal to add to an existing 8,034 acre agricultural/forestal district located in the vicinity of White Hall, Ownesville and Free Union. The proposed addition consists of various parcels located on State Routes 601, 614, 658, 662, 674, 675, 676, 678, 680 and 829 and contains 2,200.421 acres. White Hall. Magisterial District. Mr. Cilimberg gave the staff report. He noted that an additional parcel was added after the staff report was complete: Parcel 43-25E, 25.17 acres, Ellen Barbour, owner, one dwelling unit. The Chairman invited public comment. Ms. Marcel Schubert asked the Commission if a doctor's office could be located on a parcel that was 'One removed from this." Mr. Keeler explained that a doctor's office would not be allowed in the RA zone so the property would have to be rezoned and, in that case, the Commission and the Board are required to take into account the existence of the District. Ms. Sherry Butrick, representing Piedmont Environmental Council, addressed the Commission. She stated she had assisted in putting this district together. She asked the Commission.to approve the addition. There being no further public comment, the matter was placed before the Commission. Mr. Michel moved that the Addition to the Moorman's River Agricultural/ Forestal District be recommended to the Board for approval.. Ms. Diehl seconded the motion.which passed unanimously. Addition to Keswick_ Agricultural/Forestal District - Proposal to add to an existing 5,222 acre agricultural/forestal district located on Rt. 22 between Keswick and Cismont. The proposed addition consists of Tax Map 64, parcels 12 and Tax Map 81, Parcel 63, and contains 699.010 acres. Rivaana Magisterial District. Mr. Cilimberg gave the staff report. There being no public comment, the matter was placed before the Commission. /;r August 9, 1988 Page 4 Mr. .Iichel moved that the Addition to the Keswick Agricultural/Forestal District be recommended to the Board for approval. Mr. Wilkerson seconded the motion which passed unanimously. OLD BUSINESS Discussion of Grading Permits - Mr. Keeler led the discussion and reviewed again the report he had presented to the Commission August 2. Mr. Keeler explained that in order to be deemed eligible for Planning Commission consideration, a proposal must satisfy all the following eligibility criteria: (1) The site is not within a reservoir watershed; (2) The site is served by public water and sewer; (3) The grading plan does not preclude sewer service; (4) Location of access to the property has been approved; (5) The site does not constitute a borrow area as defined in the Zoning Ordinance; (6) Not more than 50% of the area to be graded consists of critical slopes; (7) The Planning Commission has been afforded a prior overview of the future development of the site through planned development, proffered zoning, special use permit, or other binding review. If a proposal met all these criteria, a written justification and binding grading plan, .to include bonding, would then be required. Mr. Keeler stressed that an applicant would need to prove some public purposc to be served by such approval and the lack of approval would be contrary to the public's interest. The Commission's concerns and co=ents included the following: Bowerman: He fey�outdsmake this request only for economic reasons. He could not conceive of a case where this would not apply, so all that would be accomplished would be a "short-cut to get the bulldozers out earlier." He feared that all developers would be able to demonstrate a public purpose. He questioned what public purpose the policy would serve. fir. Bowerman felt it would be "wholesale" permission for early grading which was contrary to the public interest. He pointed out that it would apply primarily to larger projects and those are the ones with the most potential for problems. He was very uncomfortable with the proposed policy and felt strongly that there was no benefit to staff, the Commission, or the public. Rittenhouse: He stated he would like for staff to have the authority to evaluate the written justification as well as the eligibility criteria. He was in favor of omitting the applicant's.right to appeal a staff decision on the written justification. He did not feel this would destroy an applicant's ultimate right of appeal because he would still have the opportunity to go through the regular submittal process. Wilkerson: He was concerned about the fact that an applicant could appeal to the Commission if he disagreed with staff's recommendation. He was afraid this would "bog down" the streamlining process. He was in favor of the policy remaining as is. /we August 9, 1988 Page 5 Michel: He asked if staff had considered trying to build in this "fast track grading" to the PRD's or planned commercial developments. He thought this might give staff an "extra angle to get people to do them." (Staff felt this might be an attractive approach.) Diehl: She questioned the advantage of the proposed change. She was afraid that things might happen, environmentally, which could not be rectified. She also felt it would greatly increase pressure for speculative grading: Jenkins: Mr. Jenkins suggested that staff compile some records which might indicate how frequently this was likely to come up. He indicated he could go either way on the proposal. It was finally determined the consensus of the Commission was not to proceed with the proposed change at this time. However, the Commission requested that staff point out those requests which might benefit from this procedure as they come up in the next few months. Sherwood Commons - Request for Extension of Preliminary Site Plan -- Mr. Horne reported that this applicant was having financing problems. It was determined staff had just received this request "this afternoon" and a written request had not yet been made by the applicant. Mr. Horne reported that the plan was well formulated and no changes were anticipated. Ms. Diehl indicated she was opposed to granting such a request without a written statement from the applicant. After some discussion, Mr. Wilkerson moved, seconded by Mr.Rittenhouse, that Sherwood Commons Preliminary Site -Plan be extended for one year, subjecttothe applicant making the request in writing. The motion passed 5:1 with Ms. Diehl casting the dissenting vote. Comp Plan Amendments/Sieg Rezoning - Mr. Horne reminded the Commission that it was the Board's policy that individual Comprehensive Plan amendment requests not be submitted while the Plan is in the process of being reviewed. Mr. Cilimberg stated that, based on the Comprehensive Plan review schedule, the Commission should be able to deal with the Sieg request as scheduled. There being no further business, the meeting adjourned at 9:05 p.m. DS John Horne, Secretary rf