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Planning Commission : 4.28.10

[ 0 ] April 29, 2010 |

Wednesday, April 28, 2010

Present: Ms. Philippa Proulx, Ms. Emily Hunt, Ms. Linda Russell, Mr. Mike
Tapager and Mr. Allen Hale (Board Liaison)
Absent: Mr. Mike Harman

SPECIAL USE PERMIT/MS. HELEN PARK: The applicant applied for a permit to
operate a public garage for the indoor, long-term storage of automobiles on
property located at the corner of Rt. 29 and Morse Lane in Arrington. The
property is 5.28 acres and zoned Agricultural A-1. Mr. David Park said that
the plan is for a 20,000 sq ft building that would not be visible from Rt.
29 as it would be well below the road. He said that he has talked with
neighbors to explain that the business would be long-term, indoor storage
only with no mechanic work or outside storage on the site. Ms. Russell asked
about fencing and lighting. Mr. Park said that he plans to put up an 8-foot
chain link fence and will probably put a motion-sensor light inside with no
lighting outside.

With no public comment, Commissioners voted 4-0 (Mr. Hale recused himself to
avoid any appearance of conflict of interest since his survey company
prepared the site plan) to recommend approval of the permit for a public
garage with indoor storage only with two conditions:
1) No mechanic work done on vehicles on the site; and
2) No outside lighting without the approval of the Planning Director.

REZONING/VITO’S RESTAURANT: The applicant has applied for a rezoning from
Agricultural A-1 to Business B-1 for the property located on .33 acres at
8181 Thomas Nelson Highway to permit the construction of an 8’x8’ vestibule
and two handicap ramps on the front of the existing building. Mr. Boger
noted that the property is nonconforming in that it has a front yard setback
of 35 feet instead of the required 50 feet. He said that the applicant had
considered two options. The applicant could have filed an application for a
variance from the Board of Zoning Appeals to reduce the front yard setback,
which would have resulted in a significant increase in the nonconformity of
the building. The applicant chose the second option, a requested rezoning to
B-1. Mr. Boger reported that there is a mix of zoning in the area, including
Industrial M-2 and Agricultural A-1, although the Comprehensive Plan
designates this area as light industrial/mixed commercial.

Ms. Russell asked whether thought had been given to doing an entry on the
side of the building. Mr. Barry Harker, representing the applicant, said
that that had been considered but would result in the loss of parking spaces
and involve at least one power pole.

During Public Comment, Mr. Johnny Ponton, adjoining landowner, said that he
owns property on two sides of Vito’s and is in favor of the rezoning. He
said that his parents built the building in 1959 for a hardware store and
that it was then renovated for a restaurant. He said that it has been in
operation as a business since. Mr. Ponton said that it was a mistake that
that property was not zoned Business in the original zoning ordinance in

Ms. Russell said that she understands the situation but has concerns about
rezoning a single piece of property for a single owner. She said that the
Comprehensive Plan shows the whole strip should be B-1. She also noted that
rezoning the property to B-1 would result in the loss of some parking as
that zoning district requires a 10-foot setback from A-1 property (which is
behind the restaurant). Ms. Russell said that she would rather rezone the
whole strip from the barber shop beside Vito’s south to parcel 9A (formerly
Kurt’s Garage). Mr. Hale said that it is not spot zoning if there is a mix
of zoning in the area. Ms. Russell said that spot zoning is a process
(rezoning a single property for a single owner) rather than a designation.
Ms. Proulx asked Mr. Boger what the process is to rezone the area. Mr. Boger
said that the Planning Commission can initiate that rezoning by adopting a
resolution of intent. Ms. Proulx said that she is inclined to support the
rezoning although she shares Ms. Russell’s concern about procedure. She said
that she would like to see the Commission initiate rezoning the strip along
Rt. 29.

Commissioners voted 4-1 (Ms. Russell voting no) to recommend approval of the
rezoning. Ms. Proulx directed staff to add discussion of rezoning the strip
along Rt. 29 to the agenda for discussion.

CONDITIONAL USE PERMIT/DR. BYRD LEAVELL: The applicant has requested a
permit to establish a corporate training center to be known as The Wayside
Center on 24.460 acres at 1100 Mill Pond Road in Faber. The plan includes
overnight accommodations for 24 in the existing 4-bedroom, 2.5 bath house;
five yurts (a semi-permanent tent); and parking. Primitive camping would be
allowed in the meadow on the property with the field occasionally used for
recreational purposes. Mr. Jeff Winder, representing the applicant, said
that the Center is not planning any activities that would disturb the
neighbors and would not object to any restrictions on firearm use. He said
that he has talked to the neighbors most directly affected, who expressed no
concerns, and will talk to the other neighbors prior to the Board of
Supervisors’ meeting.

Ms. Russell asked whether someone would be on site fulltime. Mr. Winder said
that that would not happen at first, although he would be the local contact
in case of a problem. He said that eventually there would be a caretaker on
site. Mr. Tapager asked about the traffic on the road. Mr. Winder said that
each group would be sent guidelines for use of the facilities, including
driving at a slow speed on Mill Pond Road.

With no public comment, Commissioners voted 5-0 to recommend approval of the
permit to establish a corporate training center with the following
1) No shooting ranges permitted; and
2) The Conditional Use Permit is non-transferable.

presented the draft ordinance which is based on the state ordinance.
Commissioners discussed several possible changes, including disallowing new
structures in the floodway. Commissioners voted 5-0 to recommend approval of
the April 22nd draft ordinance without change.

directed staff to prepare an enlarged map of that area showing the existing
zoning and existing uses for consideration at the next meeting.

PROPOSED ZONING AMENDMENTS: Commissioners agreed to review revisions to
draft amendments to Article 12 (Zoning Permits); Article 13 (Site
Development Plans); Article 16 (Amendment and Rezoning); and Article 2
(Definitions) at their next meeting.

Meeting adjourned.

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