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HomeMy WebLinkAboutZMA198600004 Approval - County 1986-11-05November 5, 1986 (Regular Night Meeting) 06 3 (Page 3) Item No. 4.8. Arbor Crest Apartments Monthly Bond Program Report for Month of Septem- ber, 1986, was received as information. Item No. 4.9. Planning Commission Minutes for October 14 and October 21, 1986, were received as information. Agenda Item No. 5. ZMA-86-07. Mary Doggett. To rezone 11.86 acres from R-1, Residen- tial to Planned District -Mixed Commercial. Property located on east side of Avon Street Extended about one mile south of I-64. Tax Map 91, Parcels 1, la, lb and le. Scottsville District. (Advertised in the Daily Progress on October 21 and 28, 1986.) Mrs. Cooke informed the board that this applicant had requested a deferral. Mr. Lindstrom moved to defer ZMA-86-07 until November 19, 1986. Mr. Way seconded. With no further discussion, roll was called and the motion carried with the following recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Henley, Lindstrom and Way. NAYS: None. ABSENT: Mr. Fisher. Agenda Item No. 6. ZMA-86-04. Alliance Bible Church. To rezone 1.731 acres from R-2 to CO. Property located in the northern corner of the intersection of Rt. 631 (Rio Road) and Rt. 652 (Old Brook Road). Tax Map 61, Parcel 127 (part of). Charlottesville District. (Advertised in the Daily Progress on October 21 and 28, 1986.) Agenda Item No. 7. SP-86-50. Christian Missionary Alliance Church. To amend SP-84-45 to delete condition restricting access to Old Brook Road. Property located in the northern corner of the intersection of Rt. 631 (Rio Road) and Rt. 652 (Old Brook Road). Tax Map 61, Parcel 127 (part of). Charlottesville District. (Advertised in the Daily Progress on October 21 and 28, 1986.) Mr. Horne presented the staff's report: Petitions: Under ZMA-86-4, the applicant petitions the Board of Supervisors to rezone the 1.731 acres of the existing 5.207 acre parcel from R-2, Residential to CO, Commercial Office (PROFFER). Under SP-86-50, the appli- cant seeks relief from condition one of SP-84-45 to permit the same 1.731 acres to have access to Rt. 631 (Rio Road). Property, described as Tax map 61, parcel 127 (part of) is located in the northeast quadrant of the inter- section of Rt. 631 (Rio Road) and Rt. 652 (Old Brook Road) in the Charlottesville Magisterial District. Character of the Area: The southern portion of this property is developed with the Merridale School and Alliance Bible Church. The northern portion of this property, subject to these petitions, is vacant and encumbered with sewer, drainage, and stormwater detention pond easements. Therefore, barring easement reloca- tion/abandonment, the 1.731 acres is limited as to building construction. Comprehensive Plan: The Comprehensive Plan was amended to recommend CO Commercial Office zoning in this area. The plan also recommends future improvements to Rio Road. Staff Comment: The only matter of public interest identified by staff is concern of access to Rio Road. Property to the north is zoned CO, Commercial Office and occupied by Bill Bailey (Coldwell Banker) Realty. Mr. Bailey DBA/Rio Land Trust is contract purchaser of the property proposed for rezoning. Due to title differences, these two properties would not be combined, however, Mr. Bailey has proffered joint access for the two properties. This request is consistent with Albemarle County Comprehensive Plan. Staff recommends approval with the following actions: 1. ZMA-86-04 - Acceptance of the applicant's proffer for joint access between Tax Map 61, parcel 128 and 1.731 acre portion of Tax map 61, parcel 127; 2. SP-86-50 - Amend Condition 1 of SP-84-45 to read as follows: 1. Access from 3.476 acres residue of Tax Map 61, parcel 127 restrict- ed to Old Brook Road (Rt. 652). 3. Staff approval of subdivision plat. Mr. Horne said the Planning Commission, at its meeting on October 15, 1986, unanimously recommended approval of these petitions with the three conditions set out above. Mr. Horne then pointed out that in Paragraph 2,';the report indicates 3.476 acre residue. He informed the Board that the residue should be 3.163 acres. Mr. Horne discussed the very limited building activity that could take place in Parcel X because of the stormwater detention basin for the Church located on that parcel'as well as water, sanitary sewer easements and a drainage easement bisecting the property. He said that the proffer is that the existing 064 November 5, 1986 (Regular Night Meeting) (Page 4 ) Bailey Realty property and the 1.731 acre Parcel X would have a joint access easement to Rio Road. The following is the proffer offered by W. W. Bailey in a letter dated September 15, 1986, addressed to the Board: In conjunction with the pending application for rezoning of 1.731 acres, a partion of Parcel 127, Tax Map 61 the following proffer is hereby offered: 1. Access from State Route 631 to the 1.731 Acre parcel will be limited to one entrance to be located over a "joint access easement" on parcel 128 Tax Map 61.This access easement is shown on the attached subdivision plat of Parcels X and Y prepared by Roudabush, Greene,. and Gale, Inc. P.C. revised July 21, 1986 and also shown on an attached plat showing Joint Access Easement to serve Tax Map 61, Parcel 128 and Parcel X which is to be subdivided from Tax Map 61, Parcel 127 prepared by Roudabush, Greene and Gale Inc. dated September 11, 1986. Mr. Horne said the Highway Department has reviewed the proffer and has no problem with the joint access easement. Mr. Lindstrom asked about Condition 1 of SP-84-45. Mr. Horne replied that the entire parcel, X and Y, can only have access to Old Brook Road. The change in that condition is to allow parcel X to have one access to Rio Road, a joint access with the existing Bailey Realty. Mr. Lindstrom said with the exception of the proffer, the rezoning is without limita- tion. He asked about the proposed use of the property. Mr. Horne said that at the Commis- sion meeting the applicant had stated the reasons for the request is to protect his own parcel and for potential overflow parking. Mr. Horne emphasized the limited potential for building on this land, pointing out the encumbrances to it by easements as well as the steepness of the property. Mr. Horne said that with the stormwater detention pond, the area would have.`to be re -engineered for any building to take place. - The public hearing was opened. Mr. Richard Thurston, Pastor of the Church, came forward and stated he has nothing to add, but will answer any questions concerning the property being retained or what Mr. Bailey plans to buy. Mr. Lindstrom asked him about the purpose of the rezoning. He replied he wanted the property to be compatible with his existing property. With no one else coming forward to speak, the public hearing was closed. Mr. Bowie offered motion that ZMA-86-04 and SP-86-50 be approved with the conditions recommended by the Planning Commission. Mr. Way seconded the motion which carried by the following recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Henley, Lindstrom and Way. NAYS: None. ABSENT: Mr. Fisher. Conditions of Approval: 1. ZMA-86-03 - Acceptance of the applicant's proffer for joing access between Tax Map 61, parcel 128 and 1.731 acre portion of Tax map 61, parcel 127; 2. SP-86-50 - Amend Condition 1 of SP-84-45 to read as follows: 1. Access from 3.163 acre residue of Tax Map 61, parcel 127 restrict- ed to Old Brook Road (Rt. 652). 3. Staff approval of subdivision plat. Agenda Item No. 8. Grant Application - Rivanna Park. Mr. Tucker explained that the County and City propose to request funding assistance from the State with regard to the development of Rivanna Park.- The 'State's maximum grant is $250,000. The City and County will jointly match that amount. City Council has already adopted this resolution on November 3, 1986. We will be making application in the future for similar funding requests. The Board is requested to adopt the resolution which will be attached to the grant application to the State. JOINT RESOLUTION FUNDING ASSISTANCE FOR RIVANNA PARK COUNTY OF ALBEMARLE CITY OF CHARLOTTESVILLE WHEREAS, the Virginia Division of Parks and Recreation provides funds to assist political subdivisions of the Commonwealth of Virginia in acquiring and developing open space and park lands; and WHEREAS, the -County of Albemarle and the City of Charlottesville have recently acquired land for a jointly -owned recreational facility to be named Rivanna Park; and WHEREAS, in order to attain funding assistance from the Virginia Division of Parks and Recreation, it is necessary that the County and City