HomeMy WebLinkAbout11 01 88 PC MinutesNovember 1, 1988
The Albemarle County Planning Commission held a public hearing on Tuesday,
November 1, 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. Tim Michel; and Mr. Peter Stark. Other officials present were: Mr.
John Horne, Director of Planning and Community Development; Mr. Ron
Keeler, Chief of Planning.; Mr. Bill Fritz, Planner; and Mr..James Bowlin,
Deputy County Attorney. Absent: Commissioner Wilkerson.
The Chairman called the meeting to order at 7:30 p.m. and established
that a quorum was present. The minutes of October 18, 1988 were approved
as submitted.
Resolution of Appreciation - Ms. Pat Cooke, a member of the Board of Supervisors,
read a Resolution of Appreciation from the Board of Supervisors commending the
Commission for their outstanding work on the 1988 Comprehensive Plan review.
CONSENT AGENDA - Monticello Wesleyan Church Site Plan Amendment - A proposal to
expand the existing church building by 4,408 square feet. This site has direct
access to Route 743 and is served by 69 parking spaces. The property is located
on the east side of Route 743, approximately one mile from the intersection of
Route 743 and Route 631. Tax Map 45, Parcel 31D. Zoned RA, Rural Areas.
Charlottesville Magisterial District.
Mr. Stark moved that the Consent Agenda be adopted. Mr. Jenkins seconded the
motion which passed unanimously.
ZMA-88-10 J.W. Sieg & Company - Request in accordance with Section 33.2.1 of
the Zoning Ordinance to rezone 3+ acres from Ll, Light Industrial to C-1,
Commercial for a commercial neighborhood center. Property described as Tax
Map 59, Parcels 23C, 23D, and 23F is located on the north side of Rt. 250W,
approximately 1/2 mile west of intersection with Ednam Drive. Samuel Miller
Magisterial District.
The applicant had requested withdrawal.
Mr. Michel moved that the applicant'srequest for withdrawal be accepted.
Mr. Stark seconded the motion which passed unanimously.
SP-88-82 Akwenasa Community, Inc. - Petition under Section 10.2.2.42 of the
Zoning Ordinance for issuance of a special use permit to conduct twice annually
such events as festivals, Civil War reenactments, demonstration and sale of
period crafts and tours of the premises. Property, described as Tax Map 135,
parcel 25C consisting of 19.435 acres zoned RA Rural Areas, is located on the
east side of Route 602 about 1/2 mile north of Route 724 at Howardsville.
Scottsville Magisterial District.
The applicant was requesting indefinite deferral.
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Mr. Jenkins moved, seconded by sir. Stark, that SP-88-82 for Akwenasa
Community be indefinitely deferred. The motion passed unanimously.
SP-88-87 Susan C. Purinton - Petition under Section 10.2.2.6 of the Zoning
Ordinance for issuance of a special use permit to operate an antique shop on
13.913 acres, zoned RA Rural Areas. Property described as Tax Map 136, parcel
12 is located to the west of Route 625 adjacent to the James River Runners
at Hatton. Scottsville Magisterial District.
(Mr. Stark excused himself from hearing this petition due to a conflict of
interests.)
Mr. Keeler gave the staff report. Staff recommended approval subject to
conditions, including the following amendment to condition No. 2.
• Business is limited to existing garage building and not more than 300 square
feet in the dwelling.
The Chairman invited applicant comment.
Ms. Purinton addressed the Commission. Referring to the statement in the
staff report that "the other dwelling sharing the driveway has recently been
sold," she stated this was incorrect. She explained the property referred
to was currently for sale.
The Chairman invited public comment.
Mr. Phillip Blackman addressed the Commission. He asked for an explanation
of the five-year time restraint. It was explained that the permit would
run with the property (not the applicant) for a.period of five years and
would expire at the end of that time. It would be required that the use
be discontinued or the applicant would have to seek a new permit.
There being no further public comment, the matter was placed before the
Commission.
In response to Mr. Michel's question, Ms. Purinton stated the five-year
limitation was acceptable.
Mr. Michel moved that SP-88-87 for Susan C. Purinton be recommended to the
Board of Supervisors for approval subject to the following conditions:
1. This special use permit and all authority granted hereunder shall expire
5 years from date of approval;
2. Business is limited to existing garage building and not more than 300
square feet in the dwelling.
3. Virginia Department of Transportation approval of right-of-way
improvements in accordance with comments of October 19, 1988; provided
that no sign island shall be required.
4. Building Official approval.
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November 1, 1988 Page 3
5. Staff approval of maintenance agreement for shared driveway.
Mr. Jenkins seconded the motion which passed unanimously.
Mr. Stark returned to the meeting.
SP-88-90 Albemarle County Fair, Incorporated - Petition to amend a condition
of SP-87-109 to permit continued usage of North Garden site for annual County
Fair. Property, described as Tax Map 8.7, parcel 3 consisting of 50 acres
zoned RA Rural Areas is located on the north side of Route 692 about 600
feet west of U.S. Route 29 South. Samuel Miller Magisterial District.
Mr. Keeler gave the staff .report. Staff recommended approval subject to
conditions.
Mr. Keeler also pointed out that only one letter of objection had been
received. He indicated he was aware of no other objections, either written
or verbal.
The applicant was represented by Mr. James .Crosby. He stressed that this site
was not to be considered a permanent site (as had been indicated in a recent
newspaper article). He explained that a continuing stipulation of the current
.lease is that every "sign and semblance" of the fair must be removed from the
site each year and this creates a tremendous financial burden. Therefore,
the fair continues to search for a permanent fairgrounds. He called for
a joint effort on the part of the County, the SPCA, the Jaycees, etc. in
locating a permanent Exihibition Center for community use. He stated he
was asking only for a change in the time period for the special permit and
had no problems with the other restrictions placed on the fair by the
Commission and the Board of Supervisors.
Ms. Diehl agreed that a permanent site should be found. She asked if the
applicant was willing to accept a condition that this permit would run
through 1992 "to put the County and other agencies on notice that there is
a need for a more permanent site." Mr. Crosby stated that was acceptable
"as long as you all don't mind if we have to come back before you.in 1992
with the same request if nothing has happened to change our circumstances
by then."
It was determined the lease precluded the possibility of any other events
being held on the site.
Mr.Michel asked Mr. Crosby to comment on Police Chief Johnstone's
recommendation for lighting of the Rt. 29S/Rt. 692 intersection. Mr. Crosby
responded that that matter had been discussed with the Virginia Department
of Transportation and it was determined that VDOT would not allow such
lighting without VDOT approval, and it would have to be budgeted and financed
through public funds. He stated he was still willing to take steps to
temporarily light the intersection if approval could be obtained.
The Chairman invited public comment.
Ms. Belle. Woodson, author of the letter of objection, addressed the
Commission. She stated her reasons for objection were stated in her letter
and she asked that the Commission consider those reasons.
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November 1, 1988 Page 4
Ms. Woodson indicated she was not opposed to the site being a temporary one,
but she would be very opposed to it's being a permanent location.
There being no further public comment, the matter was placed before the
Commission.
Ms. Diehl again expressed her belief that the best solution for this use would
be the location of a permanent site. She stated she was in favor of the
permit running through the time period of the lease agreement, i.e. 1992.
'sir. Bowerman agreed. He added that he felt it would be consistent with the
Comprehensive Plan for the County to participate in the establishment of a
type of county/city marketplace.
Mr. Rittenhouse expressed concern about the suggested length of the permit
(four years), in light of Chief Johnston's concerns about traffic. He
questioned whether a one-year trial period was enough. He suggested that
if the attendance at the fair continued to grow as it had this past year, the
situation could possibly become intolerable.
Ms. Diehl indicated she would have no objection to a shorter term for the permit.
There was.some discussion about a shorter terra for the permit. Air. Jenkins
asked the applicant to comment on what type of constraints a two-year permit
would impose. :sir. Crosby responded that he felt this would present an
unfair burden. He pointed out that allowing the permit to run for the
full length of the lease would put the applicant in a better position to
make improvements. He pointed out that the applicant has "demonstrated, beyond
reasonable doubt, that we are responsible administrators of the fair." He
felt the applicant had a proven track record and a demonstrated concern for
public safety.
Mr. Stark.pointed out that condition.:No. 4.requires approval by the County
Police Department oftraffic management. He noted that Chief Johnstone
had made no indication that "he doesn't want to do it," or doesn't think
it can be done.
Air. Stark stated he saw no reason for restricting the perr.:it to two years.
It was finally determined the first sentence of condition No. l would be changed
to read:
This special use permit is issued for a period of four years beginning in 1989
and ending in 1992.
Mr. Stark moved that SP-88-9.0 for the Albemarle County Fair, Incorporated
be recommended to the Board of Supervisors for approval subject to the
following:
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This special permit is issued for a period of four
years beginning in 1989 and ending in 1992. Such events shall be limited
to six consecutive days excluding Sunday. Hours of operation shall be
limited to 4:00 p.m., to 11:00 p.m., Monday through Friday and 9:00 a.m.
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November 1, 1988 Page 5
to 11:00 p.m. an Saturday with no operation on Sunday ("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 thtAlbemarle County Fair by tte Albemarle County Fair, Incor-
porated, 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. The applicant shall submit a preliminary plan in accordance with Section
32.4.2 of the Zoning Ordinance for Planning Commission review no later than
June 1, 1988.
4. Traffic management shall be as approved annually by the Albemarle County
Police Department, Virginia Department of Transportation and Albemarle County
Planning Department, with the final responsibility being that of the Police
Department. (Note: The word annually was added to this condition after the
motion was made.)
Mr. Jenkins seconded the motion.
Discussion:
Mr. Rittenhouse pointed out that his comments were not intended as a reflection
on Mr. Crosby's management skills, but were rather concerns about issues that
were beyond the control of the applicant.
Mr. Michel suggested that the traffic management plans should be approved
annually and it was determined the word annually would be added to condition
No. 4. (Both Mr. Stark and Mr. Jenkins accepted this addition to the motion.)
The above -stated motion for approval passed unanimously.
SP-88-78 Estelle Jackson - Petition under Section 5.6 of the Zoning Ordinance
for the issuance of a special use permit to allow the placement of a single -wide
mobile home on 2.022 acres. Property described as Tax Map 89, Parcel 79F
(part of) has access on a private road and is located on the north side of Route
706 ±2/10 mile west of its intersection with Route 631. Zoned RA, Rural Areas.
Samuel Miller Magisterial District.
Mr. Fritz gave the staff report. Mr. Fritz explained that condition No. 5
[Mobile home is to be located not closer than 35' to the southern property line,
40' to the eastern property line and 60' from the western property line.]
"is to amend the plat that you have included in your packet which does not
accurately reflect the stated location of the mobile home."
The Chairman invited applicant comment.
The applicant was represented by Mr. Ellison Jackson, her son. Regarding
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November 1, 1988
Page 6
the discrepancy in the plat., Mr. Jackson stated he had measured and it.
was exactly 72' from the edge of the back (southern) property line (not
35 as shown on the plat), 85' to the eastern property line, and 100' from
the western property line. (It was determined condition NO. 5 would be
changed to reflect . these corrected measurements.)
The Chairman invited public comment.
Mr. Leo Elliott addressed the Commission and expressed concern about
mobile homes being "disposable," and about the devaluation of property.
There being no further public comment, the matter was placed before the
Commission.
It was determined the mobile home would be placed on a foundation.
Mr. Stark moved that SP-88-78 for Estelle Jackson be recommended to the Board
of Supervisors for approval subject to the following conditions:
1. Albemarle County Building Official approval.
2. Conformance to all area, bulk and other applicable requirements for
district in which it is located.
3. Skirting around mobile home from ground level to base of the mobile home
to be cozapleted within thirty (30) days of the issuance of a certificate
of occupancy.
4. Provision of potable water supply ana sewerage facilities to the reasonable
satisfaction of the Zoning Administrator with particular attention to
possible leaching onto adjacent properties and approval by the local office
of the Virginia Department of Health, if applicable under current regulations.
5. Mobile home is to be located not closer than 72' to the southern property
line, 85' to the eastern property line and 100' from the western property
line.
6. Existing vegetative buffer shall not be cut. Screening shall be replaced
to the satisfaction of the Zoning Administrator should it die.
mr. Rittenhouse seconded the motion which passed unanimously.
('tote: Ms. Diehl pointed out that the information provided by the applicant
regarding accurate measurements from property lines removed concerns about
possible contamination of a neighbor's well as the result of the applicant's
drainf field.)
SP-88-92 McDonald's Corporation - Petition under Section z5.L.G.4 of the Zoning
Ordinance for issuance of a special use permit to install a drive-in window at
an existing restaurant in Shopper's World on U.S. Route 29 North. Property,
described as Tax Map 61M, Section 12, Lot 1C, is zoned PD-SC Planned Development -
Shopping Center. Charlottesville 2Sa.gisterial District.
Mr. Keeler gave the staff report. The report concluded: "In the opinion of
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November 1, 1988
Page 7
staff, given the existing hazardous traffic patterns and uncontrolled traffic
movement, a drive -through facility for this site would not be consistent with
Section 32.7.2 of the Zoning Ordinance and would, therefore, not provide safe
and convenient access. Staff recommends denial of this petition."
The Chairman invited applicant comment.
The applicant was represented by Mr. Jeff Baker. He explained that the drive-
thru was not intended to increase business but was an effort to provide more
convenient service. He did not think there would be an increase in traffic,
nor did he anticipate any circulation problems.
There being no public comment, the matter was placed before the Commission.
Mr. Keeler called the Commission's attention to an additional concern which
had not been addressed in the staff report, i.e. the possibility of headlights
being directed onto the southbound lane of Rt. 29.
Mr. Bowerman, disagreed with the applicant's evaluation of traffic patterns
and concerns.
Mr. Stark stated he understood the applicant's position, but he still felt
there was a safety problem which took priority.
Mr. Stark moved that SP-88-92 for McDonald's Corporation be recommended to
the Board of Supervisors for denial.
Mr. Michel seconded the motion.
Discussion:
Ms. Diehl explained that her main reason for opposing the request dealt
with the traffic problems in the rest of the shopping center and not just
those associateiwith this application.
The motion for denial passed unanimously.
There being no further business, the meeting adjourned at 8:55 p.m.
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