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HomeMy WebLinkAbout11 29 77 PC Minutes�cW November 29, 1977 The Albemarle County Planning Commission conducted a meeting on Tuesday, November 29, 1977, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members in attendance were Mr. David W. Carr, Chairman; Mr. Roy Barksdale; Mr. Kurt Gloeckner; Col. William Washington; Mr. Leslie Jones; Mr. Paul Peatross; Mrs. Joan Graves; and Mrs. Opal David, ex-Officio. Absent were Mr. Peter Easter, Vice -Chairman; and Dr. James W. Moore. County officials present were Mr. Robert W. Tucker, Jr., Director of Planning; Mrs. Mary Joy Scala, Senior Planner; Mr. Carlos Montenegro, Planner; and Mr. Frederick Payne, Deputy County Attorney. Mr. Carr established that a quorum was present and called the meeting to order. SP-77-61. Robert Sweeney. Mrs. Scala reported to the CommiS34on that the applicant requests deferral until January 10, 1978, due to the illness of his surveyor. Mr. Jones requested the history of the property. Mr. Tucker replied that this could be presented at the public hearing in January, if agreeable to the Commission. Mr. Jones moved that the Commission accept the request for deferral until January 10, and moved that this be the last deferral at the request of the applicant. Mr. Barksdale seconded the motion, which carried unanimously. SP-77-73. The Rivanna Water and Sewer Authority has petitioned the Board of Supervisors to amend SP-373 ( a special use permit for an advanced waste- water treatment plant ) in order to amend one of the conditions of approval. The 63.43 acres involved is zoned A-1 Agricultural and located north of Inter- state 64 near the confluence of Moore's Creek and Rivanna River. County Tax Map 77, Parcels 38B and 40A, Rivanna Magisterial District. Mrs. Scala presented the staff report, noting that the County and the Authority are looking into ways of not increasing the level of the floodway in Moore's Creek, and that engineering studies are being made as to the possiblity of increasing the width of Moore's Creek. ( Mrs. Graves entered the meeting. ) Mr. Jones questioned Rivanna Water and Sewer obtaining flood easements over private property. Mrs. Scala replied that this could be accomplised by assessing the property and paying for the flood easements. Mr. Peatross asked how close to the houses the flooding would be. Mrs. Scala replied that if this alternative becomes necessary, the houses would be flooded. The property would have to be assessed prior to acquiring any easements. M zAlj� At this point, the Commission decided to review the resolution of intent to amend Section 9A-4 of the Ordinance as well as SP-77-77, in conjunction with SP-77-73: The Albemarle County Board of Supervisors has adopted a resolution of intent to amend Section 9A-4 of the Albemarle County Zoning Ordinance to allow pump stations for water or wastewater with their power supply and control devices, holding ponds and other appurtenances to water or waste- water systems within the floodway with a special use permit in keeping with Article 11-13 and site plan approval. AND SP-77-77. The Rivanna Water and Sewer Authority has petitioned the Board of Supervisors to allow the Advanced Wastewater Treatment plant pump stations, holding ponds and other appurtenances within the Moore's Creek floodway. The plant is to be located on 63.43 acres zoned A-1, located north of Interstate 64 near the confluence of Moore's Creek and Rivanna River. County Tax Map 66, Parcels 38B and 40A, Rivanna Magisterial District. Mrs. Scala presented the staff report for amending Section 9A-4, noting that the staff recommends the following amendment: Section 9A-4-4: Pump stations for water or wastewater with their power supply and control devices, holding ponds and other appurtenances to water or wastewater systems. The staff report on SP-77-77 was presented with the recommended conditions of approval. Mrs. Graves questioned if the houses that might be flooded are located in the city and if the city and the property owners have been notified. Mrs. Scala stated that the houses are in the city, that the Dept. of Community Development has been notified, however the owners of the houses have not been notified in view of the fact that it is uncertain at this point if the flood easements will be necessary, since that it is considered to be a last resort. Mr. George Williams, representing the Rivanna Authority discussed the holding ponds and their purpose. He noted that they are required by the State Health Department and other regulatory agencies. He said that the holding ponds do have an impact on the 100 Year Floodline, however on behalf of the Authority, he asked that they be permitted to do an engineering study on possibly increasing the channel of Moore's Creek. Mr. Gloeckner asked if in the preliminary study it seems possible that a change in grade might accomplish what is necessary to avoid obtaining the easements. Mr. Williams replied that this does seem to be a good possibility. Mr. Jones questioned the capacity of chlorine storage. Mr. McGovern replied that the normal storage is 20 ton cylinders. There were no comments from the public on the three items under discussion. zYS Mrs. Graves inquired if possible widening of the channel would affect the flow when the water table is low. Mr. McGovern replied that neither the route nor the velocity would be affected. Mrs. Graves moved approval of SP-77-73 subject to the following conditions: 1. Site plan approval; 2. Landfill permit; 3. Approval of proposed amendment to Flood Plain Ordinance and SP-77-77. Mr. Barksdale seconded the motion which carried by a vote of 5-1-1, with Col. Washington dissenting and Mr. Jones abstaining. Col. Washington stated that he dissented due to the fact that he feels the resolution of intent should be addressed first. Mr. Peatross stated that in a sense he agrees, however, he wants to make sure that the engineering study is complete prior to obtaining the flood easements. Mr. Barksdale moved approval of the proposed amendment to the ordinance, adding Section 9A-4-4: Pump stations for water or wastewater with their power supply and control devices, holding ponds and other appurtenances to water or wastewater systems. Col. Washington seconded the motion, which carried by a vote of 6-0-1, with Mr. Jones abstaining. Mrs. Graves said that in consideration of SP-77-77, she does not like the idea of proposing easements as a condition of approval. She noted that having one's property condemned, moving, etc.is a big step for people. Mr. Peatross discussed the possibility of reducing the number of conditions to one. Mrs. Graves said that this would be a good idea, and the people whose houses were involved could be notified at a later date if such becomes necessary. Col. Washington said that on the creek side, perhaps the engineer should be able to consider the problem without the required tree buffer, since trees are detrimental to water flow. Mr. Peatross moved approval of SP-77-77 subject to: Rivanna Water and Sewer Authority shall widen the Moore's Creek channel to eliminate the additional 3.68 feet of lood elevation caused by the holding ponds. Mr. Barksdale seconded the motion, noting that he feels the suggestion regarding the tree line should be incorporated if necessary. Mr. Peatross said that this was his intent, however he would amend his motion to read approval subject to the following condition: 1. Rivanna Water and Sewer Authority shall widen or deepen the Moore's Creek channel to eliminate the additional 3.68 feet of flood elevation caused by the holding ponds. 2S11 Mr. Barksdale seconded the motion to approve SP-77-77 subject to the one condition. There was a brief discussion in which it was decided that prior to taking the vote on the motion to approve SP-77-77 that SP-77-73 should be reconsidered in order to amend it to address the tree buffer. It was determined by the Deputy County attorney that this was in order since the original special use permit for the AWT plant was before the Commission for amendment. motion. Mrs. Graves moved that SP-77-73 be reconsidered. Mr. Gloeckner seconded this Mr. Barksdale moved that SP-77-73 be approved subject to the following conditions: 1. Site plan approval; 2. Landfill permit; 3. Approval of proposed amendment to Flood Plain Ordinance and SP-77-77; 4. The tree line (the required 50' tree buffer) along Moore's Creek may be eliminated if the engineering study dictates it is necessary to remove the trees to widen or deepen the channel, in order to eliminate the additional 3.68 feet of flood elevation caused by the holding ponds. Mr. Gloeckner seconded this motion, which carried by a vote of 6-0-1, with Mr. Jones abstaining. At this pointed the Commission resumed the consideration of the motion on the floor regarding SP-77-77. Mr. Carr said that he would support the motion, however he does have reservations since the economics of the matter will have to be considered in the long run. The motion to approve the special permit subject to the one condition carried by a vote of 6-0-1, with Mr. Jones abstaining. Advanced wastewater Treatment Plant Site Plan: Mrs. Scala presented the staff report, stating that this has been the property under consideration in the two special permits just discussed. The proposal is an advanced wastewater treatment facility on 49.52 acres, and additions to the existing Moore's Creek plant on 13.91 acres. She stated that approval of this site plan is subject to the Board of Supervisors' approval of the pending special permits and Zoning Ordinance amendment. The site plan has been revised to show the gas storage sphere and chlorine storage building relocated above the 330' contour. The future final clarifiers are not shown on the plan, however, the intention is to locate the future clarifiers above the 330' contour. That plan will have to be reviewed when the location has been finalized. The pumping stations and holding ponds are located below the 330' contour. Staff recommended approval subject to the following conditions: 1. Subject to approval and conditions of SP-77-73, SP-77-77, and amendment to Section 9A-4 of the Zoning Ordinance; 2. Grading permit; 3. Landscape plan to be approved by planning staff. There was no public discussion and no further comment from the Commission. Mr. Barkdale moved approval subject to the three conditions recommended by the staff. Mr. Gloeckner seconded the motion, which carried by a vote of 6-0-1, with Mr. Jones abstaining. -2507 Joseph T. Henley Final Plat: Mr. Montenegro presented the staff report stating that the A-1 property is located at the end of Route 811 near White Hall. The proposal is to subdivide 2.01 acres from 117.8+ acres. The parcel will be served by a 30' wide easement from the end of Route 811. The easement is 2104 feet long and serves two parcels. The new lot is for the applicant's son who will construct a house on the site. The staff said that the easement width is adequate to accommodate a commercial entrance at Route 811 if one is needed in the future. In approving this plat, the Commission will be waiving the minimum scale requirement. The staff recommended approval with no conditions. Mr. Barksdale moved for approval as presented. Mr. Gloeckner seconded the motion, which carried unanimously, with no discussion. Flora Rush Final Plat: Mr. Montenegro presented the staff report, stating that the A-1 property is located at the end of Route 703 near Esmont. The proposal is to subdivide a 2.00 acre lot from a 14.01+ acre tract: The lot will be served by an easement which originates at the end of Route 703. The existing easement is in effect the continuation of Route 703 which is unsurfaced. The easement serves several properties and will be required to have a commercial entrance at Route 703. The staff recommended several conditions of approval. The representative from Mr. Lums' office stated that the fee has been paid. Mrs. Graves suggested that the misspellings should be corrected on the plat. Mr. Gloeckner asked that the roads be marked on the plat. Mr. Carr determined from the applicant's representative that condition addressing a maintenance agreement and the commercial entrance were agreeable. Mr. Peatross moved approval of the plat subject to the following conditions: 1. Written Health Department approval; 2. Virginia Department of Highways and Transportation approval of entrance facilities on Route 703; 3. A maintenance agreement for the maintenance of the easement is to be approved by the County Attorney's office and recorded; 4. Add note stating: "No further division along this easement without Planning Commission approval". 5. The easement should have a 30' width; 6. Misspellings on plat to be corrected; 7. Roads to be marked on the plat. The motion was seconded by Mr. Gloeckner, and carried unanimously, with no discussion. M 2�ey Peacock Hill Final Plat: Mr. Montenegro presented the staff report, stating that the A-1 property is located on the south side of Turkey Ridge Road in the Peacock Hill Planned Community. The property has an approved special permit for a Planned Community. Mr. Montenegro reviewed the history of the property for the Commission and public, reading the conditions of the amended Open Space Plan. The proposal is to divide a 41,561 squafe foot lot with an existing house and � of an existing garage from the property belonging to Peacock Hill Ltd. Ptr. The house will be served by a central water system. The lot will enter by way of the 30' wide Association Lane. There is an existing maintenance agreement for the maintenance of the Association Lane. An existing garage will be bisected by the proposed property line. The staff recommends approval subject to the following conditions: 1. The lot must be served by a central water system; 2. Written Health Department approval. Mr. Montenegro explained that Health Department approval is necessary to assure that what is existing is adequate. There were not comments from the public or the Commission. Mr. Barksdale moved approval subject to the two conditions recommended by the staff. Mr. Gloeckner seconded the motion, which carried unanimously. Eldercare Nursing Home Site Plan: Mr. Montenegro presented the staff report, stating that the R-3 property, with a special permit to locate a nursing home on this property, is located on the northwest side of the future extension of Commonwealth Drive near Tudor Court Apartments. Following the approval of SP-60-76 the subject property (5.0) acres was subdivided with a 50' wide pipestem to Commonwealth Drive. He reviewed the conditions of approval of SP-60-76 for the Commission, noting that access for this proposal shall be through Northwest Drive to Commonwealth Drive to Hydraulic Road as shown on a preliminary site plan by Thomas R. Wyant, Jr., Number 7609; and that Northwest and Commonwealth Drives are to be built to state standards and accepted into the state system as soon as possible. The proposal is to develop a 180 bed nursing home on a 5.0 acre site. Two connected buildings are proposed, a 1-storie common building and a 3-storie nursing home. The applicant proposes that the site be served by a 24 foot wide road (Northwest Drive) from Commonwealth Drive. The site will ahve 115 parking spaces, one bus parking space and 2 service parking spaces. A liquid propane tank is located to the north of the site. Mr. Montenegro stated that one of the conditions of approval for the special use permit requires that Northwest Drive and Commonwealth Drive be accepted into the state system as soon as possible. In order to satisfy this condition of approval, approval of this site plan should be subject to the appropriate dedication of right-of-way for Northwest Drive (including cul-de-sac) and the construction of both drives to the appropriate standards. The staff recommended several conditions of approval. Mr. Montenegro said that he wished to advise the Commission that the property as it now exists is not at all what it will be like when the proposal takes place. 2y9 He informed the Commission that all the trees will be cut, that the property will be flatted and paved. The staff favors a very stringent landscape plan in view of this and requests Commission support of this. Also, from a planning standpoint, he stated that the three storie building is uphill from the one storie building is offensive aesthetically. The staff also encouraged the applicant to have ambulatory paths, etc. Mr. Tom Hancock, representing Eldercare, stated that this facility is supported by the local medical community and will be under their auspices. Also he discussed the necessary review by the various regulatory agencies for such a medical facility. He said that in regard to the comments of the staff, he feels that there are adequate ambulatory paths, since this is more than an intermediate care facility. Mr. Peatross asked if the relocation of the buildings as suggested by the staff has been considered. Mr. Hancock said that he and those developing the project do not find the arrangement to be unattractive. Mr. Hancock also stated that it is cheaper to replant trees and have adequate landscaping rather than the expensive task for saving the trees through the construction of expensive retaining walls. Mr. Barksdale suggesting rewording condition #1 as proposed by the staff to read as follows: Northwest Drive and Commonwealth Drive shall be built or bonded to state standards for acceptance into the State Secondary System prior to the issuance of certificate of occupancy. The Commission agreed that this is a good idea. Mr. Alexander Scott, representing the Hydraulic Road Association, said that he favors the project and feels it to be a good one. Mr. Carr asked the ownership of the facility. Mr. Hancock replied that it is privately owned and operated. Mr. Carr asked the Advisory Board to be made part of the record, furnishing such names, etc. to the Planning Staff. Mr. Carr said that he is interested in making sure that this is a first rate facility. He asked Mr. Hancock to have Dr. Tompkins forward this information to the staff. Mrs. Graves ascertained that the propane tank has been approved by the Fire Official. Mr. Peatross moved approval of the site plan subject to the following conditions, noting that he supports the staff's request for a stringent landscape plan: 1. Northwest Drive and Commonwealth Drive shall be built or bonded to state standards for acceptance into the State Secondary System prior to the issuance of the certificate of occupancy. 2. Northwest Drive shall be built to Category III, Class B standards of the Albemarle County Land Subdivision Ordinance, including 8 inches of stone and 2 inches of S-5 pavement. 25�9 3. Commonwealth Drive shall be built to a 24 foot width with base and surface materials equivalent to those of Category V, Class B of the Albemarle County Land Subdivision Ordinance; 4. A grading permit is required; 5. Albemarle County Service Authority approval of water and sewer plans and connections; 6. $50.00 fee is due; 7. Planning Staff approval of landscape plan; 8. The proposed sign must be 30 feet from the proposed right-of-way; 9. Virginia Department of Highways and Transportation and County Engineering Department approval of road plans for Northwest Drive and Commonwealth Drive; 10. Virginia Department of Highways and Transportation approval of commercial entrance onto Northwest Drive; 11. Fire Official approval of fire hydrant locations; 12. All public improvements must be completed or bonded prior to issuance of certificate of occupancy. Mr. Gloeckner seconded the motion, which carried unanimously, with no discussion. Calvary Baptist Church Site Plan: Mr. Montenegro presented the staff report, stating that the A-1 property is located on the east side of Route 742 near Lake Reynovia. The site lies on the proposed location of the previously deferred Hillcrest Planned Community. The proposal is to build a 9632 square foot church facility with 76 parking spaces. The site enters off Route 742 and is served by public water and a fire hydrant. The driveway and parking surface is stone. The staff noted that approximately one-half of the wooded site will be cleared. The residue will remain wooded. The staff recommended approval subject to a series of conditions. Mr. Jones suggested adding a note on the site plan that all outside lighting will be directed away from Route 742. Mrs. Graves questioned the effect of any future expansion on the entrance. Mr. Montenegro said that the cost will be minimum and there is adequate room and sight distance for any future expansion. Mr. Gloeckner moved approval of the site plan subject to the following conditions: 1. Staff approval of landscape plan; 2. Grading permit is required; 3. Health Department approval; 4. County Service Authority approval of water plans; 5. Highway Department approval of entrance facilities; 6. Add note on plat stating: "Outside lighting to be directed away from traffic on Route 742." Mr. Jones seconded the motion, which carried unanimously. 9 261 Preston Stallings Site Plan: Mr. Montenegro presented the staff report, stating that the B-1 property is located on the south side of Route 250 West just east of Gola's Restaurant near Brownsville. The property was previously know as the Tid-Bit Truckstop and filling station. A variance (VA-77-33) from the Scenic Highway requirements was granted for this site subject to the following conditions: 1. All new construction be to the rear of teh building; and 2. Landscaping on the border of the building pursuant to approval of site plan by the Planning Commission. (In the event site plan is not required, a landscape plan shall be submitted to the Zoning Adminsitrator and approved by the Zoning Administrator.) The proposal is to enlarge and redevelop the existing truck stop facility into a hardware store and a grocery store. The rear of the building will be used for storage of materials. A full length deceleration lane is being provided as well as access to the adjacent B-1 property. The staff recommended several conditions of approval. Mrs. Graves questioned if the variance spoke to the parking shown in the front. Mr. Montenegro replied that it did not. Mr. Tucker pointed out that this is an existing non -conforming use. Mrs. Graves said that a change in use is an opportunity to improve the property appearance. Mr. Barksdale said that this site plan is a vast improvement over the existing. Mr. Mike Boggs, representing Mr. Stallings, explained the site plan, and said that he objects to moving the employee parking to the rear of the westernmost parking area because this layout is the best for traffic flow. Also the rear of the building is to be used for delivery. He pointed out that the parking is located such that customers can easily get to the business desired. Mr. Jones said that he does not feel that the proposed traffic flow is the best possible , since the traffic could be able to loop around the back. However, the overall plan is certainly an improvement over what exists. Mr. Barkdale moved approval of the site plan subject to the following conditions: 1. Western fence is to have woven slats; 2. Staff approval of landscape plan; 3. An access/egress easement to property to the west must be platted and recorded prior to the issuance of a certificate of occupancy; 4. The Commission is reducing the geometric standards of the front travel aisle to 18 and 16� feet. Mr. Gloeckner seconded the motion, which carried by a vote of 6-1, with Mrs. Graves dissenting. IR 25Z Wards Mobile Homes Site Plan: Mr. Montenegro presented the staff report, stating that the M-1 land is located on the east side of Route 29 North just north of North Fork of the Rivanna River. In October, 1972, the Planning Commission approved a similar site plan on this site for Dodd's Mobile Home Sales. This proposal is to locate a mobile home sales dealership on a 4.03 acre site. The facility will share its entrance with Badger Powhatan and the County Treatment Plant at the area. The site is served by public water and sewer. The staff recommended several conditions of approval. Mr. Peatross asked if the applicant is bound by the location of mobile homes shown on the site plan. Mr. Montenegro replied that they are. Mr. Barksdale said that this should be addressed in the conditions of approval. Mr. Bill Letrel asked for some consideration on this matter of layout due to the length of the mobile homes. Mr. Letrel, after explanation from Mr. Carr, said that he is agreeable to the layout shown on the plan, however, he asked not to be required to put in the fire hydrant due to the one across the street and the ones on the Badger Powhatan property. Mr. Montenegro informed the Commission that the fire hydrants on the Badger Powhatan property are metered for their own use, and are substandard to begin with, as is the one across the street. Mr. Carr said that perhaps Badger Powhatan should assist in putting in a fire hydrant that will service both properties. Mr. Ed Lester asked if the dealership will be governed by the number of mobile homes shown on the site plan, since 45-50 are what is expected to be placed on the lot. He said that two modular homes will be placed at the rear of the property. Mr. Montenegro pointed out that the plan does not show that area to be graveled. Mr. Barkdale said that exactly what is wanted should be shown on the plan and suggested deferring this plan until the applicant could have this drawn to present to the Commission. Mr. Letrel said that he is working under a time frame and would like to have this plan approved in order that he can move his mobile homes to the site, then later come in for an amendment. He stated that he is not in a position to deal with Vepco, etc. until this plan is approved. time. Mr. Jones said that the complete graveling should be accomplished at one Mrs. Graves questioned the storage building, and why it is not shown on the site plan. Mr. Sinclair said that this was an oversight of the draftsman and should be included. He asked that this plan be approved, and then the applicant can come in at a later date for an amendment. Mr. Barkdale advised the applicant that he cannot do anything to the property other than what is shown on the plan until he comes in with an amended plan and it is approved by the Commission. 253 The Commission felt that a fire hydrant should be located on the site of Wards Mobile Home. Mr. Barkdale then moved approval of the site plan subject to the following conditions: 1. Staff approval of landscape plan; 2. Fire Oficial approval of fire fighting facilities including location of fire hydrant; 3. Layout of mobile homes, regarding number and approximate location shall adhere to the layout represented by the site plan. Mr. Peatross seconded the motion, which carried by a vote of 6-1, with Mrs. Graves dissenting. Mr. Jones told the members of the Commission that he abstained on all the Rivanna Water and Sewer applications due to the many variables. Mr. Gloeckner said that he felt the safeguard is the engineering study that is to be accomplished. There was a brief discussion on the lastest Ivy Farm Phase I application, in which Mr. Tucker reported the findings of the archaeologist. Mr. Carr and the Commission recognized Mr. Peatross for his service to the County by serving on the Planning Commission, since that was to be his last meeting. Since there was no further business, the meeting adjourned at 10:30 p.m. 6() ' Z( 4'� - J t e-�' , o ert W. Tucker, Jr. - Sec tary M