HomeMy WebLinkAboutSP200600024 Legacy Document 2006-12-20Albemarle County Planning Commission
October 10, 2006
The Albemarle County Planning Commission held a meeting and a public hearing on Tuesday, October
10, 2006, at 6:00 p.m., at the County Office Building, Room 241, Second Floor, 401 McIntire Road,
Charlottesville, Virginia. Members attending were Eric Strucko, Calvin Morris, Vice -Chairman; Jon
Cannon, Pete Craddock, Duane Zobrist and Bill Edgerton. Absent was Marcia Joseph, Chairman. Julia
Monteith, Senior Land Use Planner for the University of Virginia, representative for David J. Neuman,
FAIA, Architect for University of Virginia was absent.
Other officials present were Wayne Cilimberg, Planning Director; David Benish, Chief of Planning; Francis
MacCall, Senior Planner; Amy Arnold, Planner, Claudette Grant, Senior Planner; Bill Fritz, Chief of
Current Development and Greg Kamptner, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Morris called the regular meeting to order at 6:00 p.m. and established a quorum.
Other Matters Not Listed on the Agenda from the Public:
Mr. Morris invited comment from the public on other matters not listed on the agenda.
Jack Marshall, an 18 year resident of Free Union, said that he was speaking to the Commission this
evening as President for Advocates of a Sustainable Albemarle Population (ASAP). (Attachment A —
"Jack Marshall's remarks at Press Conference for CPA — Albemarle County Office Building,
September 13, 2006)
In the four years since ASAP was fathered they have been trying to raise awareness about the
pace and consequences of local population growth and urging that our community take more
responsible steps to manage it. They have observed that our decision makers may not be
sufficiently aware of the cumulative impacts of the individual developments that are being
approved at a relentless rate. They have argued that smart growth is necessary, but not
sufficient. In addition to planning where and how growth occurs, our community is seeking a
sustainable future and must acknowledge the limits of growth. As they well know limitless growth
is simply not feasible. In an effort to help translate that truth into public policy, last month ASAP
joined by the Sierra Club and Citizens for Albemarle asked the Board of Supervisors to adopt a
Comprehensive Plan Amendment. This evening he was here simply to let the Commission know
about their request. They would be pleased, of course, if the Commission would support us.
Their request to the supervisors was:
"As a step toward defining more clearly a vision for our community that residents want,
ASAP requests that Albemarle County amend its Comprehensive Plan to require
identification of a sustainable optimal population size (or range) for the Charlottesville -
Albemarle community. This ideal population size would be democratically defined and
would be consistent with the sustained existence of surrounding natural systems and our
community. It would provide an explicit vision of the scale and size desired by current
residents, and would guide future county planning that involves land -use and
development decisions.
Given the current demand on planning staff, we urge that Albemarle County hire outside
consultants to oversee this initiative.
Further, given the massive potential impacts of already proposed developments, we
request that the County make no changes to existing zoning until a Comprehensive Plan
Amendment is established that sets forth an optimal population range."
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Their monthly open meeting will be held on Wednesday, October 18 and will be devoted to the
topic. They will have a critical discussion about the motion and possible tools to define it. They
would be delighted if the Commissioners could join them at the meeting.
There being no further comments on items not listed on the agenda, the meeting moved on to the next
item.
Review of Board of Supervisors Meeting — October 4, 2006.
Mr. Cilimberg summarized the actions taken by the Board of Supervisors on October 4, 2006.
Consent Agenda:
a. SDP 2006-091 Mountfair Vineyards — Site Plan Waiver: Request for a site plan waiver to allow the
establishment of a farm winery in an existing structure on 40 acres. The property is zoned RA, Rural
Areas. The property, described as Tax Map 15 Parcel 18, is located in the Whitehall Magisterial
District on the south side of Fox Mountain Road (Route 668) approximately 0.4 miles east of its
intersection with Browns Gap Turnpike (Route 629). The Comprehensive Plan designates this
property as Rural Area in Rural Area 1. (Bill Fritz) - Tax Map 15, Parcel 18
b. Approval of Planning Commission Minutes — June 27, 2006; September 12, 2006.
Mr. Craddock asked staff if there were any other cases regarding vineyards where the County has a time
limitation imposed like Monday through Sunday from 8:00 a.m. to 9:00 p.m.
Mr. Fritz replied no, that they have never placed any sort of condition like that on vineyards. There is
nothing referenced in the ordinance. He was unaware of any ABC requirements that regulate that.
Motion: Mr. Craddock moved, Mr. Cannon seconded, that the consent agenda be approved.
The motion passed by a vote of 6:0. (Commissioner Joseph was absent.)
Mr. Morris stated that the consent agenda has been approved.
Regular Items:
SDP 2006-042 Pavilions at Pantops Phase II — Critical Slopes Waiver and Open Space Waiver
Requests: Request for preliminary site plan approval for a 129 unit residential townhouse development
on 25.8 acres. The property, described as Tax Map 78, Parcel 12, is zoned R-6, Residential and is
located in the Rivanna Magisterial District on Richmond Road [Route # 250E] approximately 0.25 miles
west of its intersection with State Farm Blvd, immediately behind the Aunt Sarah's and Eckerd on 250E.
The Comprehensive Plan designates this property as Neighborhood Density in Neighborhood 3. (Francis
MacCall)
It was the consensus of the Commission that the conditions of the agreement between the applicant and
the Westminster Canterbury residents should be incorporated into the final site plan.
Mr. Kamptner pointed out that the additional conditions includes paragraphs 2a, 2b, 2c and 2e and that
conditions 2a and 2b would also require a tree conservation plan. Paragraph 2e would also require that
the landscaping plan incorporate the plantings that are required by that paragraph. An additional part of
the action would be that the Commission wants the final site plan to return for their review and approval.
Mr. Morris asked if separate actions need to be taken on the critical slopes and open space.
Mr. Kamptner replied that a single action that staff has identified in the "Recommended Action", with the
additional provisions as mentioned should be sufficient. He reiterated the motion for the benefit of the
audience: "The Commission finds that the open space is appropriate for the proposed development and
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the Commission approves the waiver of Section 4.2.3.2 of the Zoning Ordinance to allow the disturbance
of critical slopes with the 7 conditions recommended by staff and the additional condition incorporating
the terms of the agreement, and to request that the final site plan come back for Planning Commission
review."
Motion: Mr. Craddock moved, Mr. Cannon seconded, to approve SDP -2006-0042, Pavilions at Pantops
Phase 11 Preliminary Site Plan, Open Space Waiver and Critical Slopes Waiver Requests subject to the
conditions staff recommended in the report, as amended, with the finding that that open space is
appropriate and the critical slopes waive additional condition.
1. [13.4.1] Prior to final approval a Conservation Plan as specified in section 32.7.9, must be approved
by the Zoning & Current Development Division of the Department of Community Development with a
copy of the original Conservation Plan and all subsequent revisions to be submitted to the Zoning &
Current Development Division.
2. [14-317, 18-4.7] Prior to final approval the applicant must submit covenants or other such instrument,
which evidences the establishment of an owners' association and provides for ownership and
maintenance of proposed open space. Such document shall be subject to County Attorney review
and approval and shall be in accordance with Section 14-317 of the Subdivision Ordinance -
Instrument evidencing maintenance of certain improvements.
3. Zoning & Current Development Planning approval.
4. Zoning & Current Development Engineering approval.
5. Albemarle County Fire Rescue approval.
6. Albemarle County Service Authority approval.
7. Virginia Department of Transportation approval.
8. The final site plan shall show the "Potential Tree Save Areas" identified in paragraphs 2a and 2b of
the agreement between North Pantops Townhouses LLC, Southern Development, Westminster -
Canterbury of the Blue Ridge and the Westminster -Canterbury of the Blue Ridge Residents'
Association dated October 3, 2006 (hereinafter, the "Agreement"). A tree conservation plan for the
Potential Tree Save Areas shall be submitted to the Zoning & Current Development Division for
approval. The number of parking spaces shall be reduced as provided in paragraph 2c of the
Agreement to the extent that such reduction complies with the minimum parking requirements of
section 18-4.12. The landscaping plan shall include all of the planting required by paragraph 2e of
the Agreement.
9. The final site plan shall return for review and approval by the Planning Commission.
The motion passed by a vote of 6:0. (Commissioner Joseph was absent.)
Mr. Morris stated that SDP -2006-042, Pavilions at Pantops Phase II — Critical Slopes Waiver and Open
Space Waiver Requests were approved.
Public Hearing Items:
SP 2006-024 Charlottesville -Albemarle Airport — Pleasant Grove Baptist Church (Sign #39):
PROPOSAL: New church building.
ZONING CATEGORY/GENERAL USAGE: LI - Light Industrial - industrial, office, and limited commercial
uses (no residential use); Airport Impact Area. SECTION: 10.2.2 (35)
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural,
forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre).
ENTRANCE CORRIDOR: No.
LOCATION: Earlysville Road between Route 606 (Dickerson Road), Walnut Hills Subdivision.
TAX MAP/PARCEL: Tax Map 31, parcel 27A (2.00 acre portion).
MAGISTERIAL DISTRICT: White Hall.
STAFF: Amy Arnold
AND
ZMA 2006-010 Charlottesville -Albemarle Airport — Pleasant Grove Baptist Church (Sign #39):
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PROPOSAL: Rezone 2.00 acre portion of 11.451 parcel from LI - Light Industrial zoning district which
allows industrial, office, and limited commercial (no residential) uses to RA - Rural Areas zoning district
which allows agricultural, forestal, and fishery uses and residential density of 0.5 units per acre to allow
new church under Special Use Permit.
PROFFERS: No.
EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect
agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre).
ENTRANCE CORRIDOR: No.
LOCATION: Earlysville Road between Route 606 (Dickerson Road), Walnut Hills Subdivision.
TAX MAP/PARCEL: Tax Map 31, parcel 27A (2.00 acre portion).
MAGISTERIAL DISTRICT: White Hall.
STAFF: Amy Arnold
Mr. Zobrist said that although he had never represented nor provided services to Pleasant Grove Baptist
Church, another member of his firm has represented the Church on these transactions. Therefore, he
was disqualifying himself from participating in this proceeding. He left the meeting room at 6:47 p.m.
(Attachment B — State and Local Government Conflict of Interest Act Transactional Disclosure
Statement dated October 10, 2006 from Duane Zobrist.)
Mr. Kamptner suggested that condition 7 be changed to read, "Section 14-404 is waived ..." so that there
is no confusion that "shall be" means something that has to take place in the future.
Action on ZMA-2006-10:
Motion: Mr. Strucko moved, Mr. Edgerton seconded, to recommend approval of ZMA-2006-10, Albemarle
Airport Authority — Pleasant Grove Baptist Church.
The motion passed by a vote of 5:0. (Commissioner Joseph was absent.) (Commissioner Zobrist
abstained.)
Action on SP -2006-24:
Motion: Mr. Edgerton moved, Mr. Cannon seconded, to approve SP -2006-24, Albemarle Airport
Authority — Pleasant Grove Baptist Church subject to the conditions staff recommended in the report, as
amended, with Mr. Kamptner's modification to condition 7 stating Section 14-404 "is required" deleting
"shall be" required.
1. Special Use Permit 2006-24 shall be developed in general accord with the following:
"Proposed 2.000 acre division off of Tax Map 31, Parcel 27A" prepared by Kirk Hughes
and Associates and Concept plan dated June 23, 2006, prepared by Kirk Hughes and
Associates, and titled "Pleasant Grove Baptist Church" (Attachments Al and A2)
2. A site development plan shall be required.
3. Setbacks for the church property shall be 75 feet front, 25 feet sides, and 35 feet rear.
4. A 20 foot buffer (no disturbance zone) shall be maintained continuous along the
boundary between the church property and TMP 31-23J to the north.
5. A 50 foot buffer (no disturbance zone) shall be established the full length of the
easternmost property boundary of the church parcel; a tree protection plan shall be
required as part of site plan approval.
6. Sanctuary and classroom expansion, or the addition of day care and other non -worship
uses, will require amendment to this petition.
7. Section 14-404 is waived to allow for a separate vehicular entrance from Earlysville
Road serving the church parcel only.
8. VDOT approval of vehicular entrance shall be required.
9. Virginia State Health Department approval of well and septic systems shall be required
10. The applicant is required to coordinate verification of adequate fire flow with the Fire
Department during the building permit process.
11. Five years shall be allowed from the date of approval of this Special Use Permit to the
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commencement of the use.
The motion passed by a vote of 5:0. (Commissioner Joseph was absent.) (Commissioner Zobrist
abstained.)
Ms. Joseph stated that SP -2006-10, Albemarle Airport Authority — Pleasant Grove Baptist Church would
go before the Board on November 1 with a recommendation for approval.
Action on Waiver:
Motion: Mr. Strucko moved, Mr. Craddock seconded, for acceptance of the waiver requests from Section
14-404 to allow a vehicular entrance from Earlysville Road serving the church parcel only and the 5 -year
time element allowed for construction.
The motion passed by a vote of 5:0. (Commissioner Joseph was absent.) (Commissioner Zobrist
abstained.
Mr. Morris said that the requests for ZMA-2006-10 and SP -2006-24, Charlottesville -Albemarle Airport —
Pleasant Grove Baptist Church, would go before the Board of Supervisors on November 1 with a
recommendation for approval. He noted that the two waiver requests were approved.
The Commission took a two minute break at 7:17 p.m.
The meeting reconvened at 7:19 p.m.
Mr. Zobrist returned to the meeting.
ZMA 2006-09/5th Street -Avon Center (Signs #48, 67, 68)
PROPOSAL: Rezone 86.895 acres from LI - Light Industrial zoning district which allows industrial, office,
and limited commercial uses (no residential use) to PD -SC - Planned Development Shopping Center
zoning district which allows shopping centers, retail sales and service uses; and residential by special use
permit (15 units/acre) Approx. 398,300 sq. ft. of commercial uses.
PROFFERS: No.
EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Community Service/Mixed Use -community -
scale retail wholesale, business and medical offices, mixed use core communities and/or employment
services, and residential (6.01-34 units/acre) Neighborhoods 4 and 5.
ENTRANCE CORRIDOR: Yes.
LOCATION: Northeast intersection of Interstate 64 and Fifth Street Extended (Rt 631), bounded on the
east by Avon Street Extended. Access is Bent Creek Road.
TAX MAP/PARCEL: 76/M 1-2A, 76/M 1-2B, 76/M 1-4A, 77/11 E.
MAGISTERIAL DISTRICT: Scottsville.
STAFF: Claudette Grant
Motion: Mr. Zobrist moved, Mr. Strucko seconded, to accept the applicant's request for deferral of ZMA-
2006-09, 5th Street -Avon Center, to December 5, 2006 for a work session.
The motion passed by a vote of 6:0. (Commissioner Joseph was absent.)
Mr. Morris stated that ZMA-2006-09, 5th Street -Avon Center was deferred to a December 5, 2006 work
session.
Old Business:
Mr. Morris asked if there was any old business. There being none, the meeting moved on to the next
item.
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New Business:
Mr. Morris asked if there was any new business.
Mr. Benish said that the staff report for the work session on ZMA-2006-15, Glenmore —
Livengood/Leake property is not in the packet tonight and will be hand delivered.
Regarding the 5th Street Avon Center project the Planning Commission noted the following
concerns:
o Mr. Edgerton pointed out that the Commission had a similar hostile application a couple years
ago on the North Pointe project. In that case the applicant basically told the Commission that
he did not care what they thought and went forward to the Board. The Commission felt
compelled to recommend denial. The Board sent the request back to be negotiated with
subcommittees. He felt that they have a similar situation here and he hoped that the
Commission could stick to their responsibility to the community. He felt that the Commission
has a huge responsibility and that he took great offense by what occurred this evening. If the
request comes back with incomplete information, he felt that it was time to say no thank you
because the applicant understands the process. He opposed allowing an applicant to change
the whole rezoning process.
o Mr. Benish noted that the clarity of some of the information makes it difficult for staff to fully
assess the Comp Plan and there are some issues on the 5th Street Avon Center site that staff
wanted more information on. Without proffers staff was not able to completely evaluate the
impact of the site. There were certain areas in the Comp Plan where it would have been
better to have had more information and dialogue with the applicant. From staff's perspective,
it would have been less frustrating to have had more information. Without the applicant's
commitment to provide specific proffers it was difficult for staff to recommend moving forward
with the request. What they are proposing is not completely inconsistent with what the Board
intended. They did recognize that it was going to be a regional center. They left enough
language in there that sent the message to try to make it more than a regular shopping
center. That was really the gap. Staff could not get any definite information on why they did
not do certain things.
o Mr. Strucko expressed similar sentiment.
o Mr. Craddock noted that the previous request that the Commission heard in 2004 on this item
was more complete.
o Mr. Cannon said that he did not understand how the Commission can act on a rezoning
request that is conditioned upon the offer of a proffer without having a proffer in some form
before us. When they adopt a rezoning it is a done deal.
o Mr. Kamptner replied yes, but that the Planning Commission is only making a
recommendation to the Board. The requirement that the proffers be submitted in writing
really only applies to the Board of Supervisors. For the Commission to make an informed
decision, it wants the proffers to at least have the concepts identified so that it can make a
meaningful recommendation.
o Mr. Cannon questioned how they would make a deal without the proffers.
o Mr. Edgerton noted that on many occasions the Commission has asked applicants for
additional proffers on a rezoning and gone ahead and granted the rezoning with an
understanding that the proffers will be satisfactorily worked out with the County Attorney's
Office. It becomes a condition of the Commission's recommendation to the Board. By the
time it gets to the Board the proffers are in an enforceable form they trust.
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o Mr. Kamptner noted that this project was scheduled to go to the Board on November 8, which
means that the proffers would have had to be final by tomorrow. The proffers have to be final
3 weeks before advertising. Therefore, the proffers would have had to be final by tomorrow
or no later than next Wednesday.
Mr. Morris said that he would be absent next week on October 17.
There being no further new business, the meeting proceeded.
Adjournment:
With no further items, the meeting adjourned at 8:40 p.m. to the Tuesday, October 17, 2006 meeting at
5:30 p.m. at the County Office Building, 401 McIntire Road.
V. Wayne Cilimberg, Secretary
(Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.)
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