HomeMy WebLinkAboutZMA200500007 Public Notification 2006-11-03Albemarle County Planning Commission
July 11, 2006
The Albemarle County Planning Commission held a meeting and a public hearing on Tuesday, July 11,
2006, at 6:00 p.m., at the County Office Building, Room 241, Second Floor, 401 McIntire Road,
Charlottesville, Virginia. Members attending were Bill Edgerton, Eric Strucko, Calvin Morris, Vice -
Chairman; Pete Craddock, Jo Higgins, Jon Cannon and Marcia Joseph, Chairman. Julia Monteith, Senior
Land Use Planner for the University of Virginia, representative for David J. Neuman, FAIA, Architect of
University of Virginia was absent.
Other officials present were Wayne Cilimberg, Planning Director; Elaine Echols, Principal Planner;
Rebecca Ragsdale, Senior Planner; Steve Tugwell, Planner; Mark Graham, Director of Community
Development; David Pennock, Principal Planner; Tamara Ambler, Natural Resources Manager; Glenn
Brooks, Senior Engineer; Jack Kelsey, County Engineer; Ron White, Director of Housing; Amelia
McCulley, Zoning & Current Development Director/Zoning Administrator and Greg Kamptner, Deputy
County Attorney.
Call to Order and Establish Quorum:
Ms. Joseph called the regular meeting to order at 6:00 p.m. and established a quorum.
Committee Reports:
Mr. Morris reported that the Interchange Group for McIntire/Meadow Creek will have another
meeting on June 27 to recap everything that happened at the public meeting. That group of
consultants will then go back and are pushing forward to provide their recommendations back to
the group by the fall. They are really getting an awful lot of input from the public that they are now
going to do something with. He anticipated the recommendations coming back in the fall and
actually having a decision by January or February as far as what they will recommend.
Mr. Edgerton reported that there was an ACE Committee meeting last night. They are
proceeding with the sixth class of conservation easement that the County will be purchasing
development rights for. It is running along pretty well, but they are running into a couple
obstacles. The biggest one is the cost or value of land and the appraisals. The first year they
were able to do 10 easements and now they were down to about 5.5 with the same amount of
dollars. The Board has given a little bit more money towards the incremental increase in cost.
The Committee is going back and looking hard at some of the language in the easements to
make sure that they are comfortable with what they originally thought would work. They plan to
spend some time over the next several months on that review.
Mr. Cannon reported that he has been attending recently meetings of the MPO Technical
Committee which deals with transportation matters. Recent discussions have included possible
enhanced mass transportation network involving a more elaborate bus system than they now
have. Those discussions will continue.
Mr. Craddock reported that the open houses are coming up soon on the Mountaintop Protection
proposal.
Mr. Strucko reported that the Fiscal Impact Advisory Committee meets tomorrow during the day.
He has been in touch with the membership and got on the agenda for discussion for at least the
beginnings of looking at adequacy of proffers in trying to measure that. He will have more to
discuss next month. However, the responses that he got back were quite favorably and they
thought that it was a worthwhile issue. So know that they are engaged in that.
Mr. Strucko reported that the School Long Range Planning Committee, which he was also on, did
not meet in July, but will meet in August. At that point the group will begin looking at the school's
CIP and do a facility assessment on the capacity of where we are. That is for elementary, middle
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and high schools. After they have their discussion he can give the Commission a clear picture to
how that group is viewing the school facility and the adequacy of it.
Ms. Joseph noted that she and Mr. Strucko were members of the Development Review Task
Force. The Development Review Task Force is finally getting to the point where they have
gathered up enough information about what might be wrong and what has gone wrong in the
process, and now they at the point of coming up with some solutions for this process. Everybody
has a fairly deep understanding of some of the things that have happened to different applicants.
It is a good committee that is comprised of people who are concerned about all different kinds of
issues. She will come back with additional information for the Commission. At one point the Task
Force was going to work on the 104 aspects that staff members look at for rezoning and special
use permits and try to put number values on them, but decided to leave that for now. So it may
come to the Commission at some point to look at it and try to value the aspects.
Other Matters Not Listed on the Agenda from the Public:
Ms. Joseph invited comment from the public on other matters not listed on the agenda. There being none,
the meeting moved on to the next item.
Review of Board of Supervisors Meeting — July 5, 2006.
Mr. Cilimberg summarized the actions taken by the Board of Supervisors on July 5, 2006.
Consent Agenda:
Approval of Planning Commission Minutes — February 28, 2006.
Motion: Mr. Morris moved, Mr. Craddock seconded, to approve the consent agenda.
The motion passed by a vote of 7:0.
Item Requesting Deferral:
SP -2006-009 Birchwood Place (Sign #10)
PROPOSED: One three-story office building totaling 19,500 square feet and a one-story bank of 3,090
square feet on 3.66 acres.
ZONING CATEGORY/GENERAL USAGE: C-1 Commercial - administrative, professional office and
financial institution; EC Entrance Corridor overlay.
SECTION: 22.2.2(10) Special Use Permit, which allows for drive-in windows serving or associated with
permitted uses.
COMPREHENSIVE PLAN LAND USE: Crozet Community - CT -6, Urban Core and CT -1, Development
Area Preserve.
LOCATION: Tax Map Parcel 56A2-1-30, located on Three Notch'd Road (Rte. 240) approximately 0.17
miles east of its intersection with Crozet Avenue (Rte. 810).
MAGISTERIAL DISTRICT: Whitehall
CONCURRENT APPLICATION: SDP 2006-00029
STAFF: David Pennock
APPLICANT REQUESTS DEFERRAL — DATE TO BE DETERMINED.
Motion: Mr. Morris moved, Mr. Edgerton seconded, to approve the applicant's request for deferral of SP -
2006 -009. Birchwood Place, to August 8, 2006.
The motion passed by a vote of 7:0.
Ms. Joseph stated that SP -2006-009, Birchwood Place was deferred to August 8.
ZMA 2005-018 Wickham Pond — Phase II (Sign #7)
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PROPOSAL: Rezone 21.35 acres from RA - Rural Areas: agricultural, forestal, and fishery uses;
residential density (.05 unit/acre) to NMD Neighborhood Model District - residential (3 - 34 units/acre)
mixed with commercial, service and industrial uses. Maximum number proposed residential units:
Approximately 106. Approximately 16,000 sq. ft. commercial uses.
PROFFERS: Yes
EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Corridor General (CT4) - mixed residential
and commercial uses (net 4.5 units per acre for SFD, sfa & duplexes) (net 12 units per acre for
townhouses and apartments) (net 18 units per acre for mixed use). Urban Edge (CT3) - supports center
with predominately residential uses, especially single-family detached (net 3.5-4.5 units per acre) (net 6.5
units per acre if accessory apartments are added for 50% of the residential stock). Development Area
Reserve (CT2) and Preserve (CT1) - development area open space preserve or reserve with very low
residential density (net 1 unit per 20 acres).
LOCATION: Tax Map 56 Parcel 91. Between Route 240 and the C & O railroad. Approximately 2,200 feet
from intersection of Route 240 and Highlands Drive.
ENTRANCE CORRIDOR: Yes
MAGISTERIAL DISTRICT: White Hall
STAFF: Claudette Grant
APPLICANT REQUESTS DEFERRAL TO JULY 18, 2006.
Motion: Mr. Morris moved, Mr. Edgerton seconded, to approve the applicant's request for deferral of
ZMA-2005-018, Wickham Pond — Phase II, to July 18, 2006.
The motion passed by a vote of 7:0.
Ms. Joseph stated that ZMA-2005-018, Wickham Pond — Phase II was deferred to July 18.
Deferred Item:
ZMA-2005-007 Haden Place (Signs #12,13)
PROPOSAL: Rezone 6.69 acres from R-2 Residential (2 units/acre) to NMD Neighborhood Model
District - residential (3 - 34 units/acre) mixed with commercial, service and industrial uses for 20 single
family homes and 14 town homes.
PROFFERS: Yes
EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Community of Crozet; CT -3 Urban Edge:
single family residential (net 3.5-6.5 units/acre) supporting uses such as religious institutions and schools
and other small-scale non-residential uses.
ENTRANCE CORRIDOR: No
LOCATION: Between Haden (Rt. 1209) & Killdeer Lanes (Rt. 1215), south of Jarman's Gap Road.
TAX MAP/PARCEL: TM 55 Parcel 69 & TM 56 Parcel 9
MAGISTERIAL DISTRICT: White Hall
STAFF: Rebecca Ragsdale
DEFERRED FROM THE JUNE 27, 2006 PLANNING COMMISSION MEETING.
Motion: Mr. Edgerton moved, Mr. Morris seconded, to approve the applicant's request for ZMA-2005-007,
Haden Place, if the applicant addresses the outstanding issues listed by staff and if the following changes
are made to the proffers:
o The affordable housing proffer shall be modified to conform to the County's Affordable
Housing Policy in the Comprehensive Plan.
o The recommended technical changes shall be made to the application plan, code of
development and proffers that staff has noted.
o All cash proffers offered by the applicant should be devoted to transportation improvements
in Crozet. The proffer language will be revised through coordination with County staff,
including the County Attorney, prior to the Board meeting.
o An interconnection shall be provided and illustrated on the application plan from the
proposed east/west connector road between Haden and Killdeer Lanes southward to
Summerford Lane in Ballard Field.
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The motion passed by a vote of 7:0.
Ms. Joseph stated that ZMA 2005-007, Haden Place, was approved.
Motion on Waivers:
Motion: Mr. Edgerton moved, Mr. Craddock seconded, to approve the applicant's waiver request for
critical slopes.
The motion passed by a vote of 7:0.
Motion: Mr. Edgerton moved, Mr. Morris seconded, to approve the applicant's request for the waiver of
the planting strip requirements around the street circling the community green at the end of Haden Place.
Mr. Kamptner asked staff whether they recommended that pedestrian crossings be provided from the
sidewalks on both sides of the community green as a condition of the approval.
Ms. Ragsdale felt that it could be handled outside of the waiver action. In working it out with the applicant
they noted that as well. But, the Commission could provide it as a condition to provide the pedestrian
connections to the amenity from the sidewalks.
Amended Motion: Mr. Edgerton moved, Mr. Morris seconded, to amend the motion to approve the
request for the waiver of the planting strip requirements around the street circling the community green at
the end of Haden Place with the following condition:
1. Pedestrian crossings shall be provided from the sidewalks on both sides of the community green.
The motion passed by a vote of 7:0.
Ms. Joseph stated that the two waivers were approved for ZMA 2005-007, Haden Place
Motion: Mr. Edgerton moved, Mr. Morris seconded, to approve the applicant's request for the waiver of
the private street request called Haden Place on the application plan.
The motion passed by a vote of 7:0.
Ms. Joseph stated that the waiver for the private street request was approved. She stated that ZMA-
2005-007, Haden Place will be heard by the Board of Supervisors on August 2 with a recommendation for
approval.
The Planning Commission took a ten minute break at 8:33 p.m. The meeting reconvened at 8:41
p.m.
Regular Item:
SDP 2005-083 Rio Truck Repair - Request for preliminary site plan approval to allow the construction of
an 8,000 square foot building to be used for truck repair on property described as Tax Map 61 Parcel 146.
The subject parcel contains approximately 1.428 acres and is zoned C1 (Commercial). This site is
located at the end of Rio School Lane approximately 370 feet east of its intersection with Rio Road (State
Route 631). This site is located in the Rio Magisterial District and is designated as Neighborhood Service
in Neighborhood 2. (Steve Tugwell)
Ms. Joseph said that since the applicant was able to work this out with their neighbors, the Planning
Commission does not need to take any action because no waivers will be needed.
Public Hearing Items:
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SP 2006-0011 Mosby Mountain Stream Crossing (Signs #14,22)
PROPOSED: Amendment to existing special use permit for fill in the floodplain to allow a culvert stream
crossing.
ZONING CATEGORY/GENERAL USAGE: R-1 Residential (1 unit/acre)
SECTION: 30.3.05.2.1 (2); 30.3.05.2.2 (3)
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Area 4 - preserve and protect agricultural,
forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre)
ENTRANCE CORRIDOR: Yes
LOCATION: Approximately 200 feet from the intersection of Mosby Mtn. Drive and Old Lynchburg Road
(Route 631)
TAX MAP/PARCEL: 90E -A0
MAGISTERIAL DISTRICT: Samuel Miller
STAFF: Tamara Ambler
Motion: Ms. Higgins moved, Mr. Strucko seconded, to approve SP -2006-0011, Mosby Mountain Stream
Crossing, with the conditions recommended by staff, as amended deleting item 1.
Mr. Kamptner said that would also trigger the need to amend condition 5, adding condition 7, and
modifying condition 6 as well.
Ms. Higgins said that there was no modification to condition 7.
Mr. Cilimberg said that there would have to be some wording changes throughout where the bridge or
box culvert is referred to. They would have to be making some adjustments in wording to reflect the fact
that this is just going to be a box culvert if that is what the Commission decides to recommend.
Ms. Higgins felt that if condition 1 is deleted, then in condition 5 just the first sentence comes out.
Mr. Cilimberg felt that staff could take care of that, which was something that the Commission did not
have to worry with. It is just that the Commission understands that those adjustments will be made.
Mr. Cilimberg said that there needs to be some modification in the sixth condition that the Commission
should be aware of and include in the motion so that when it gets to the Board it will be taken care of.
Ms. Ambler noted that basically all they need to do is say that the applicant needs to submit computations
showing no rise in the 100 -year floodplain because that is what our Code requires.
Amended Motion:
Ms. Higgins moved, Mr. Strucko seconded, to amend the motion to revise the conditions as
recommended by staff as follows:
1. Albemarle County Community Development Department approval and VDOT approval of final grading
plans and box culvert and road plans and computations;
2. Albemarle County Community Development Department approval of an Erosion and Sediment Control
Plan to include stabilization of fill;
3. Albemarle County Community Development Department approval of mitigation plans for disturbance of
the stream buffer;
4. If a box culvert is utilized it must be cast in place or otherwise constructed to provide for countersinking
of one barrel of the culvert to provide for normal and low flows in a manner satisfactory to the
approved U.S. Army Corps of Engineers water quality permit.
5. The applicant must provide computations showing no rise in the 100 -year floodplain.
6. In an effort to minimize environmental degradation, no soil shall be removed from the stream to
compensate for any fill.
The motion passed by a vote of 6:1. (Mr. Craddock voted nay.)
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Ms. Joseph stated that SP -2006-011, Mosby Mountain Stream Crossing will be heard by the Board of
Supervisors on August 2 with a recommendation for approval.
ZMA 2006-001 Westhall Phase V (Signs #49,59,64)
PROPOSAL: Rezone 8.96 acres from R-1 Residential (1 unit/acre) and R-6 (6 units/acre) to PRD
Planned Residential District residential (3 - 34 units/acre). 36 single family detached units proposed at a
density of gross 4 units per acre.
PROFFERS: Yes
EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Neighborhood CT4 - mixed residential and
commercial uses (net 4.5 units per acre for Single family detached and attached units and duplexes; net
12 units per acre for townhouses and apartments; net 18 units per acre for mixed use). Neighborhood
CT5 - mixed residential and commercial uses (net 12 units per acre for all housing types; net 18 units per
acre for mixed use. CT 1 and CT 2 Preservation and Reservation Areas with net 1 unit per 20 acres.
ENTRANCE CORRIDOR: No
LOCATION: Portion of Tax Map 56H Parcel A, located approximately 600 feet east of the end of Park
Street (SR 1204) in the Community of Crozet.
MAGISTERIAL DISTRICT: White Hall
STAFF: Elaine Echols
Motion: Ms. Higgins moved to approve ZMA-2006-001, Westhall Phase V, with the proffers offered.
There being no second, the motion failed.
Motion: Ms. Higgins moved, Mr. Edgerton seconded that ZMA-2006-001, Westhall Phase V, be denied
because it does not meet the 15 percent affordable housing goal of the County.
Mr. Kamptner asked if the Commission wished to identify their specific concerns for the Board.
Ms. Higgins said that the Commission expressed its concerns
Mr. Edgerton requested a friendly amendment to the motion stating that the proffer for the improvement to
Eastern Avenue is not adequate with $45,000 for a 4.5 million dollar road. Mr. Edgerton said he is
concerned that there is no commitment in this rezoning for the location of Eastern Avenue from the
applicant who is an equity interest owner in that land. Mr. Edgerton said he would like the development to
show a commitment to the location of Eastern Avenue or the proffer for the greenway easement will be
absolutely worthless if Eastern Avenue gets put somewhere else.
Ms. Higgins said she believes that the location of Eastern Avenue is not going to change. She would not
agree to amend her motion. She said that Eastern Avenue is in the Master Plan and if the adjoining
property comes for review, Eastern Avenue is planned for that area.
Mr. Edgerton suggested that Ms. Higgins look at Western Avenue in the Master Plan and where it really
got built.
Ms. Higgins noted that Eastern Avenue is a different avenue than Western Avenue. She asked if the
proffer contribution for the $45,000 was in addition to the other improvements.
Mr. Edgerton noted that the applicant was also tripling its density, which, to him was not enough.
Ms. Higgins said that the staff report noted the concerns shared by the Commission. Therefore, she did
not think that needed to go into the motion.
Mr. Morris noted that affordable housing at 100% of the median household income was one major
concern.
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Mr. Strucko said that he would vote for a motion that included the concern for affordable housing.
However, he personally feels that there is an additional issue, which is the adequacy of the cash proffers
for the transportation network and Eastern Avenue.
Amended Motion:
Ms. Higgins amended the motion to say ZMA-2006-001, Westhall Phase V, be denied because it does
not meet the 15 percent affordable housing goal of the County, and further consideration needs to be
given for the cash contributions for the transportation, which was seconded by Mr. Edgerton.
The motion passed by a vote of 7:0.
Ms. Joseph stated that ZMA-2006-001, Westhall Phase V will be heard by the Board of Supervisors on
August 2 with a recommendation for approval.
Motion on Waivers:
1. Section 14-422 of the Subdivision Ordinance for sidewalks on the private street.
2. Section 14-422 of the Subdivision Ordinance to substitute an asphalt path as shown on the
application plan in the northern part of the site for sidewalks on both sides of the east -west street at
the northern part of the site.
3. Section 14-422 of the Subdivision Ordinance for planting strips with the condition that for location (b)
described in this report, at least three feet of separation between the back of the curb and the path
shall be provided.
4. Sections 4.6.2 and 4.6.3.b. of the Zoning Ordinance to allow the setbacks shown on the application
plan to be used, rather than using the zoning ordinance's standard of measurement for front and rear
yards.
Motion: Ms. Higgins moved, Mr. Morris seconded that waivers 1- 4 for ZMA-2006-001, Westhall Phase
V, be approved subject to the potential or eventual approval of the rezoning.
Mr. Edgerton noted that the four requested waivers must be legally tied to the plan shown. Mr. Edgerton
referred to the applicant's comment that the only way he could commit to proffering 6 units at 80% of the
median household income was with a redesigned plan. Since there isn't a redesigned plan in front of the
Commission, he could not vote in favor of the waivers. If the Commission had an approvable plan in front
of them, then he would have voted for the waivers.
The motion was defeated by a vote of 2:5. (Commissioners Edgerton, Cannon, Joseph, Strucko, and
Craddock voted nay.) (Commissioners Higgins and Morris voted aye.)
Ms. Joseph stated that the waivers were denied.
Ms. Echols said she would like to make the point that those waivers also are available during the
subdivision and site plan process. If the development does get approved, the opportunity to consider the
waivers does exist at a later date.
Ms. Higgins asked if the Commission needs to make a statement to go with the denial.
Mr. Cilimberg asked Mr. Kamptner if the vote to deny the waivers was appealable.
Mr. Kamptner noted that since this is a planned development everything is appealable.
Ms. Higgins stated that the reason it failed on the vote was that the Commission is recommending denial
of the plan based on the reasons stated previously.
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Mr. Cannon noted that Mr. Edgerton gave a persuasive argument and since the Commission denied the
proposed rezoning on the terms presented, it doesn't know and did not know what a final plan might look
like. Therefore, he felt the Commission was not in the position to act on the waivers.
Mr. Cilimberg pointed out that the Commission has one more action to take on the very last sentence
after the waivers, which was not part of their action. It involves recommending approval of permission to
disturb open space in conjunction with Section 4.7.2 of the Zoning Ordinance as shown on the application
plan.
Motion: Ms. Higgins moved, Mr. Morris seconded to approve permission to disturb open space in
conjunction with Section 4.7.2 of the Zoning Ordinance as shown on the application plan.
The motion was defeated by a vote of 2:5. (Commissioners Craddock, Strucko, Joseph, Cannon,
Edgerton voted nay.) (Commissioners Higgins and Morris voted aye.)
Ms. Joseph stated that ZMA-2006-001, will be heard by the Board of Supervisors on August 2 with a
recommendation for denial.
Old Business:
Ms. Joseph asked if there was any old business.
Expedited Engineering Review (Mark Graham)
Mr. Graham reviewed the proposed expedited engineering review that was a pilot program that they were
trying. This is an optional pilot program. It is the applicant's choice on whether they want to do it. It is a
pilot program because this is something that staff does not know how it is going to work so they are going
to try it and see how it goes. But, what they are talking about doing is for engineering plans only that the
engineering staff in the County reviews associated with final site plans or final subdivisions that they will
consider an engineer certifying that they have gone through their calculations and verifies that it is correct
and consistent with the County Code requirements. If they provide the County with that assurance staff
will do a quick quality review of those to make sure everything looks okay and assuming everything looks
okay they will approve the plan right there. The important thing to note about this is it will only be used
with final plans and will not be used with preliminary plans or plats.
Glenn Brooks, Senior Engineer, was present to respond to the Commission's questions.
In general consensus, the Commission was supportive of the pilot program for expedited engineering
review.
There being no further old business, the meeting proceeded.
New Business:
Ms. Joseph asked if there was any new business.
There being no further new business, the meeting proceeded.
Adjournment:
With no further items, the meeting adjourned at 10:31 p.m. to the July 18, 2006 meeting.
V. Wayne Cilimberg, Secretary
(Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.)
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