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Home My WebLink AboutSDP200700155 Minutes Final Site Plan and Comps. 2008-03-11 I Ralph Feil, local attorney and resident of Bellair Subdivision, said that his neighbor Frank Featherstone who lives across the street from the driveway that was installed asked him to read a brief statement on his behalf, as follows. It is a note to Megan Yaniglos. • Dear Meagan, As abutting property owners my wife and I daily look down on that ugly scar The developer, Lane Bonner, rushed to complete last bay to give alternative access to the Priest house he had recently acquired. Considering the mad cap manner Mr Bonner used to rush construction of the driveway my wife and I are not surprised that he is now making a request for a critical slopes waiver from Albemarle County As an abutting property owner my wife and I feel strongly that Lane Bonner's request should be denied and that Lane Bonner should make clear is intentions for the three former Priest lots on the south side of Deer Path. Bill McCartney, resident of Bellair, spoke in opposition to the critical slopes waiver He said that it was in everybody's best interest to consider all aspects of what is going on. If at all possible in this process they need to see the entire picture and not just piece by piece what is being asked for incrementally There being no further public comment, Mr Morris closed the public hearing to bring the matter before the Commission. Ms. Joseph felt that this was self imposed if they can't get to the other parcel. She asked Mr Kamptner to comment on what Mr. Fritz had indicated that they were not creating a landlocked parcel by denying this Mr Kamptner noted that was correct. As an update to zoning enforcement, the first civil case in General District Court concluded yesterday and Mr Bonner paid the civil penalties. When that happens they dismiss the case and the next violation process begins and they file a new case. The zoning violation has been enforced in court. Motion: Mr Strucko moved and Ms. Porterfield seconded for denial of SDP-2007-00150, Bonner, Lane— Critical Slopes Waiver, for the reasons stated in the staff report. The motion for denial passed by a vote of 6:0. (Mr Edgerton was absent.) Mr Morris noted that SDP-2007-00150, Bonner, Lane — Critical Slopes Waiver had been denied. The applicant has ten days to appeal the decision to the Board of Supervisors. SDP-2007-00155, Shadwell Market—Final The request is for final site plan approval to demolish existing gas station/convenience store and construct new 3,200 square foot gas station/convenience store. The property, zoned C1-Commercial, RA-Rural Area, and EC-Entrance Corridor, described as Tax Map 79, Parcel 9, is located in the Scottsville Magisterial District at the intersection of State Route 22 and State Route 250. The Comprehensive Plan designates this property as Rural Area in Rural Area 2. (Summer Frederick) Ms. Frederick summarized the staff report. • The applicant requests final site plan approval to demolish existing gas station/convenience store and construct new 3,200 square foot gas station/convenience store. The applicant requests approval of a critical slopes modification of Section 4.2.3.2 of the Zoning Ordinance to allow grading required for the proposed development. The property is currently a site of a functioning service station and convenience store with associated gas pumps and parking. • The proposed development is for an upgraded facility and reconfiguration of the site. County staff is currently working with the applicant to address administrative issues associated with the site plan. Primarily these issues are erosion and sediment control and some parking modification. A Tier III Groundwater Assessment was submitted today March 11 and is currently under review by the County Groundwater Assessment Manager She offered to answer questions. Mr Morris opened the public hearing and invited the applicant to address the Commission. ALBEMARLE COUNTY PLANNING COMMISSION—MARCH 11, 2008 14 FINAL MINUTES p L.F Wood, property owner, said he had been working on this project since 1999 There was a safety issue in relationship with the Luck Stone Quarry across the street. They have been working together for years and he thought that they have come to agreement with the recommendations of staff in all areas. He had been working closely with Luck Stone on the intersection improvement. He offered to answer questions. Mr Morris invited public comment. He noted that he received a phone call from Luck Stone and they were very supportive. Phil lanna, resident of Cismont area, noted that he drove through that intersection often. He thought that it would be delightful to have that facility replaced He asked if there is a lighting plan since he worried about the lighting levels. Ms. Frederick replied that there was a lighting plan. This property is subject to the Architectural Review Board and their standards apply as well as the Lighting Ordinance standards. The plan is available for review. Tom Williams, resident of Albemarle County and a Senior Regional Manager for Luck Stone, assured the Commission that they have been working very closely with Mr Wood with all of his plans for the new entrance. He noted that Luck Stone is working with the Highway Department and the County on the new entrance. He supported the project as it goes forward. There being no further public comment, Mr Morris closed the public hearing to bring the matter before the Commission. Ms. Frederick noted that the Department of Environmental Quality permit is no longer needed. That permit comes after construction of the underground tanks. Motion for SDP-2007-00155. Motion: Ms. Porterfield moved and Mr Strucko seconded to approve SDP-2007-00155, Shadwell Market -Final,with the conditions recommended by staff, as modified, excluding condition#2. 1 Administrative approval from County Engineering staff 2 Approval of Department of Environmental Quality per..,it 3. Submission and administrative approval of Groundwater Assessment paperwork. 4 Approval from Virginia Department of Transportation staff The motion passed by a vote of 6:0 (Mr Edgerton was absent.) Mr Morris stated that SDP-2007-00155, Shadwell Market—Final was approved. This does not require Board of Supervisors action. Motion for Critical Slopes Waiver: Ms. Joseph noted that the critical slopes waiver is totally appropriate. It is a very small amount of the site that is being disturbed in critical slopes. It also appears that the critical slopes are man-made. Motion: Ms. Porterfield moved, Mr Strucko seconded to approve the critical slopes waiver for SDP- 2007-00155, Shadwell Market- Final, with the conditions recommended by staff, as modified, to exclude condition#2. 1 Administrative approval from County Engineering staff 2. preval of DedZRent of-Environmentla nur Quality-permit. 3. Submission and administrative approval of Groundwater Assessment paperwork. 4. Approval from Virginia Department of Transportation staff. ALBEMARLE COUNTY PLANNING COMMISSION—MARCH 11, 2008 15 FINAL MINUTES The motion passed by a vote of 6:0. (Mr Edgerton was absent.) Mr Morris stated that the critical slopes waiver for SDP-2007-00155 was approved SUB-2007-00282, Mechums Bluff Request for preliminary subdivision plat approval to create 8 lots [7 development lots and one (1) preservation lot] as a Rural Preservation Development on 95 5 acres. The property, described as Tax Map 72 - Parcel 35 is located in the Samuel Miller Magisterial District on Dick Woods Road [Route 637] approximately 45 miles [2390 feet] northeast of the intersection with Miller School Road [Route 635]. The Comprehensive Plan designates Parcel 52 and Parcel 36B as Rural Areas in Rural Area 3. (Megan Yaniglos) Ms.Yaniglos presented a PowerPoint Presentation and summarized the staff report. • This is a request for preliminary subdivision plat approval to create 8 lots [7 development lots and one (1) preservation lot] as a Rural Preservation Development on 95.5 acres. Staff has reviewed the by-right layout and found it to be possible to construct. The by-right plan contains one more additional lot than the proposed rural preservation development. However, the additional development right is being allocated to the preservation parcel in the rural preservation plan. • Staff recommends approval of this preservation development. Mr Morris opened the public hearing and invited the applicant to address the Commission. Justin Shimp, representative for the applicant, said that he did not have a presentation Mr Morris invited public comment. There being no public comment, Mr. Morris closed the public hearing to bring the matter before the Commission. Mr Strucko said that the preservation plan is better than the by-right scenario. Motion: Ms. Joseph moved and Mr Strucko seconded to approve SUB--2007-00282, Mechums Bluff, with the conditions recommended by staff. 1 The plat shall be subject to the requirements of Section 14-303 [Contents of final plat], as identified on the "Final Subdivision Checklist" which is available from the Department of Community Development; 2. Prior to final plat submittal, address all minimum requirements from Design Manual Section 905, Final Subdivision Plat. 3 Road name approval by E-911 review for all proposed roads. 4 VDOT approval for all public roads and entrances, including road and drainage plans including drainage calculations and improvements to the intersections / connections to Dick Woods Road (Rte. 637). Subdivision plans need to be designed in accordance with VDOT's current Subdivision Street Requirements and the Road Design Manual. All commercial entrances and street connections must meet the minimum requirements as described in the Minimum Standards of Entrances to State Highways. 5. Approval of a groundwater plan, in accordance with Chapter 17,Article IV 6 Health Department approval for drainfields. 7 Public Recreational Facilities Authority acceptance of easement for preservation lot. 8. The preservation lot shall be allocated two (2) development rights, as there is an additional development right not assigned. 9 Conceptual BMP#1 be removed from the preservation tract. The motion passed by a vote of 6:0. (Mr Edgerton was absent.) Mr Morris stated that SDP-2007-00282, Mechums Bluff was approved. This does not require Board of Supervisors action. ALBEMARLE COUNTY PLANNING COMMISSION—MARCH 11, 2008 16 FINAL MINUTES