HomeMy WebLinkAbout03 07 78 PC Minutes38 /
March 7, 1978
The Albemarle County Planning Commission conducted a public hearing on
Tuesday, March 7, 1978, 7:30 p.m., Board Room, County Office Building, Charlottesville,
Virginia. Those members present were Mr. Peter Easter, Chairman; Col. William
Washington, Vice -Chairman; Mr. Kurt Gloeckner; Mr. Layton McCann; Mr. Charles Vest;
Mrs. Norma Diehl; Dr. James W. Moore; Mr. James Huffman; Mrs. Joan Graves; and
Mr. Tim Lindstrom, ex-Officio. Other officials present were Mr. Ronald S. Keeler,
Assistant Director of Planning; and Mr. Frederick W. Payne, Deputy County Attorney.
Mr. Easter established that a quorum was present and called the meeting to
order.
Minutes of February 21, 1978, were approved as submitted by the chairman.
SP-78-01. Harry D. Campbell has petitioned the Board of Supervisors
to locate a permanent sawmill on 189.36+ acres zoned A-1. Property is
located approximately 2 miles from the intersection of Routes 692 and 29
South, on the southwest side of Route 712. County Tax Map 99, Parcels
49 and 50, Samuel Miller Magisterial District.
Mr. Keeler presented the staff report stating that the staff recommended
approval subject to a series of conditions. He noted for the record that the
request is in compliance with the recommendations of the Comprehensive Plan and
the use would be supportive of the agricultural industry and would provide basic
employment in the North Garden area. He also noted a letter from Mr. John W. Ward,
an adjoining property owner, expressing opposition to the proposal.
Col. Washington said that in his opinion the underpass in close proximity
to the property is unsafe. Mr. Keeler said that the Highway Department has reviewed
this and indicated that there could be an adequate commercial entrance in this area.
Mr. Campbell, on behalf of himself, said that the entrance is presently
300-400' on the Route 29 side of the underpass and his logging trucks will not
have to travel under the underpass to enter the proposed development. He also
pointed out that he owns the nearest residence to this property, a distance of
approximately 1,000 feet.
Since there was no further public comment, Mr. Easter closed the public hearing.
Mr. Gloeckner moved approval of the request subject to the following
conditions:
1. Sawmill is to be set back not less than 600 feet from the nearest dwelling
unit and provide a 100 foot tree buffer along the Southern Railroad except where
access is provided;
2. Staff approval of site plan;
3. Highway Department approval of entrances;
4. County Engineering Department approval of interior roads and parking specifications;
5. Approval of appropriate state and local agencies.
Mr. Huffman seconded the motion, which carried unanimously, with no
further discussion.
582
SP-78=04. Earl Lloyd has petitioned the Board of Supervisors for
an agricultural service occupation for horse and harness shop,
with horse related supplies, on 3 acres zoned A-1. Property is
located on Route 250 East, at the intersection of Routes 250 East
and 744 ( Old Pleasant Valley Country Store ). County Tax Map 80,
Parcel 57, Rivanna Magisterial District.
Mr. Keeler presented the staff report, noting that the applicant proposes
to upgrade and live on the premises. The staff recommended approval, pointing
out that the request is in compliance with the recommendations of the Comprehensive
Plan and this use is supportiveof the agricultural industry in the county.
He read the recommended conditions of approval. Mr. Keeler read comments from
the Highway Department, which recommended that the entrance facilities be upgraded
to commercial status with a 200' de-cel lane and a 200' turnlane. Mr. Keeler
said that the staff contends this is excessive because of the low intensity of
the operation proposed. He therefore suggested that condition #1 as presented
in the staff report be amended to read: Staff approval of the parking scheme
and entrance controls.
Mr. Lloyd, the applicant was present.
( Mrs. Graves entered the meeting. )
Mr. Lloyd responded to Col. Washington's question regarding the sight
distance at the entrance by stating it is 400-500 yards in either direction.
Messrs. Huffman and McCann said that they are familiar with the site
and the sight distance is adequate.
Since there was no public comment, Mr. Easter closed the public hearing.
Mr. McCann moved approval of the special permit subject toithe following
conditions:
1. Staff approval of the parking scheme and entrance controls;
2. Building Official and Fire Official approvals;
3. County Engineer approval of paving specifications;
4. Approval of other appropriate state and local agencies.
Mr. Vest seconded the motion, which carried by a vote of 6-2-1, with
Mrs. Graves abstaining.
SP-78-05. Vepco has petitioned the Board of Supervisors to locate a
microwave tower on 0.5165 acres zoned A-1. Property is located on the
top of Bear Den Mountain north of Skyline Drive and approximately
0.2 miles southwest of the State Police Tower. August County Tax Map
78, Parcel 32, Wayne Magisterial District; and northwest of Albemarle
County Tax Map 53, Parcel 3, White Hall. Magisterial District.
concern for the
Mr. Keeler presented the staff report, noting the staff's visual and
physical encroachment of the structures on the Skyline Drive an� Appalachian
Trail. However, he said that the staff feels the applicant's justification outweighs
these factors. He pointed to the fact that the supporting structure is relatively
393
small - about 12 feet square at the base and 60 feet in height. Furthermore, he
located the two other towers in the area. He read the recommended conditions of
approval.
Mr. Keeler then noted the letter from Mr. Robert R. Jacobsen, Superintendent
of the Shenandoah National Park and stated that no response has been received
from others listed in Mr. Jacobsen's letter.
Mr. John Graves, representing Vepco, said that the site was chosen since
there were existing towers in the area. He pointed to the particulars of the tower
and noted that the 60 foot height includes the antennae. The two existing towers
are 80 feet and slightly less than sixty feet.
Mrs. Graves questioned if this were the only tower planned or the beginning
of a series of towers at this location. Mr. Graves responded that this is the only
tower planned.
Mr. J. J. Hagwood, an adjoining property owner, said that the access road to
the site must be upgraded. Mr. Graves responded that the existing road on the west
side of the mountain will be upgraded, and parts of the tower will be brought iroximatel
by
heavy equipment or flown in by helicopter. Presently, the road is owned by approximately
six people.
Mr. Max Evans expressed concern for the obstruction of scenery on the Skyline
Drive and asked the Commission to consider giving others listed in Mr. Jacobsen's
letter time to respond. Mr. Graves felt that Mr. Jacobsen is neutral regarding this
application.
Mr. Easter closed the public hearing.
Col. Washington agreed with Mr. Evans that the matter should be deferred in
order to give others the opportunity to respond.
Mr. Gloeckner moved that further discussion by the Commission and action
be deferred until March 14, 1978. Col. Washington seconded the motion, which carried
unanimously.
Col. Washington then noted that individual communications systems are being
erected over the county with no time limit in the enforcement of removing them.
ZTA-78-02. Phyllis Lawrence has petitioned the Board of Supervisors to
amend the A-1 Zone of the County Zoning Ordinance to permit day nurseries
as a use by right.
Mr. Keeler presented the staff report, stating that this use is generally
compatible to residential uses and should be located convenient to residential
areas. However, the staff has resisted further commercialization of the A-1 zone,
since providing convenience uses of this nature in rural areas may encourage growth.
If approved the staff recommended the following wording for the amendment:
Section 2-1-25(41) Day nurseries located within villages and communities as
designated in the Comprehensive Plan.
�394
Mr. Dick Moyer and Mr. Lou Eaton recommended that the amendment be denied
in order that members of various communities and villages could discuss this at
the neighborhood level.
Mr. Easter pointed out that the staff is in the process of organizing
land use committees for each village, community, etc., however it is not the
purpose of these committees to comment on each individual application, but rather
to refine the proposals for the Comprehensive Plan.
Mr. Easter closed the public hearing since there was no further public comment.
Col. Washington suggested referring this amendment to the consultants
who are revising the zoning ordinance.
Mr. Keeler stated that this application cannot be denied on the grounds that
the ordinance is under revision. He did point out that the applicant for this amendment
is a resident of Logan Village which is not a cluster community and the amendment
would not be of use to the applicant.
Mrs. Graves pointed to the existing 47 uses in the A-1 zone, noting that this
is excessive. She suggested a moratorium on Zoning Ordinance amendments.
Mr. Gloeckner said that this proposed use should be by special permit only.
Col. Washington moved denial of the zoning text amendment and Mr. Gloeckner
seconded the motion; it carried unanimously with no further discussion.
ZTA-78-03. C. F. S. Associates has petitioned the Board of Supervisors
to amend Sections 11-8-1, 11-8-2, 11-8-3, and 11-8-4 to permit flexibility in
loading space parking in shopping centers.
Mr. Keeler presented the staff report, reading the following amendment as
wording proposed by the staff if the Commission feels the amendment is appropriate:
Section 11-8-6: The requirements of Section 11-8 may be waived in such cases
where Planning Commission shall determine the public interest
or safety would be equally or better served by such waiver;
that such waiver would not be a departure from sound engineering
and design practice, and that such waiver would not otherwise
be contrary to the purpose and intent of this ordinance.
Mr. Eric Deckinger and Mr. Richard Lounsbury were present to discuss
how this amendment would improve the facilities for the Fashion Square Shopping
Mall.
Mr. Rolf Benzinger said that the applicant should seek a variance rather
than an amendment to the ordinance for such problems.
Mr. Alan Scouten expressed opposition to amending the ordinance in this fashion.
Mrs. Graves said that after discussions with the county and city fire
prevention officials, fire lanes do not permit loading spaces.
Mr. Keeler said that the County Fire Official has indicated to the
Planning Staff that there is no objection to the use of fire lanes for loading
spaces.
s
Mr. Easter asked that the Fire Official be present at the next meeting
this problem or question would arise to addess the issue.
Mr. Lindstrom questioned if there is any way besides the amendment to
the ordinance that this can be accomplished. Mr. Keeler replied that a variance
for this can be obtained from the Board of Zoning Appeals. Mr. Lindstrom pointed
out that if this is the case, the Board of Zoning Appeals will have the final say,
anyway.
Mr. Gloeckner moved approval of the amendment with the revised wording
as follows:
Section 11-8-6 The requirements of Section 11-8 may be modified/and or waived
in such cases where Planning Commission shall determine the public
interest or safety would be equally or better served by such
modification/and or waiver; that such modification and/or waiver
would not be a departure from sound engineering and design practice,
and that such modification and/or waiver would not otherwise be
contrary to the purpose and intent of this ordinance.
Mr. Huffman seconded the motion, which carried by a vote of 7-2, with Dr. Moore
and Mrs. Graves dissenting.
SP-78-06. M. E. Gibson has petitioned the Board of Supervisors
to amend SP-446 ( Branchlands PUD ) conditions of approval to provide
for site sewer, water, transportation system, and other development in
stages based on functional need. The 117 acres involved is located on
Route 29 North, opposite the Berkeley Subdivision. County Tax Map 61Z,
Parcels 03-1, 02-1, 1A. Charlottesville Magisterial District.
Mr. Keeler presented the staff report, stating that the three approved
plans will be referred to as Approved Plan #1, Approved Plan #2, and Approved Plan #3.
He then explained the differences in Approved Plans 1 and 3.
Dr. Moore questioned where the northernmost entrance is located on Plan 3.
Mr. Keeler replied that it is located near Dominion Drive.
Mrs. Graves said that the original proposal indicated the site for
the PUD would contain 109.88 acres and now it is showing 117 acres as the application.
She questioned the difference. Mr. Keeler replied that the church property is now
being included.
Mr. M. E. Gibson, Jr., agreed with the staff report and said that he has
an escrow fund to improve the entrance. The addition of more acreage will allow 10-acres
per site and will include the deed of conveyance in the restrictions - he passed this
to the Commission for their reivew. He said that in his opinion the future property
owners should be required to dedicate the land. Mr. Gibson then passed out copies
of estimates for the entrance to the Commission.
Mr. Keeler noted for the record that after listening to tapes of previous
meetings where a fashion mall was discussed, that the tapes do in fact state that
the 10-acre parcel was intended to be used as part of the shopping center and has
already been designated as commercial at those previous meetings.
Mr. Payne said that this is correct and that he sees no problem with this
10-acre use.
Mr. Evans explained the different plans to the Commission. He said that
the 10-acres has provided a connection with the future development and that all
commercial areas are situated to serve the PUD, as well -as the regional commercial
area. He said that it will be buffered from residents with respect to commercial owners,
not as members of the Homeowners' Association. It is intended that the commercial
owners construct the recreational area and provide the road improvements.
Mr. Evans said that the entrances and the alignment of the existing drive has been
shifted due to the concerns of the Highway Department. He said that another alignment
will be constructed as needed for safety. However, there are improvements projected
on the church property if the traffic problem proves sufficient and the entrance
would be shifted to correspond to that.
Mr. Keeler stated that the relocation of the entrance occurred after the
Commission favored the entrance opposite Shoppers World but concluded that such
entrance could not be guaranteed.
Dr. Moore questioned if the Highway Department approved the relocation of the
entrance.
Mr. Keeler stated that this proposed development was deferred from the Commission
meeting of February 17 in order that an on -site meeting in review of Entrance A could
occur.
Mr. Gibson emphasized that Branchlands was requesting amendment of the conditions of
approval and not the plan.
3
Mr. Benzinger stated that no amendments should occur until the mall develops. Wao
Mr. Scouten said thatAmall and Branchlands were incompatible.
Mr. Homer Kennamer questioned who will be responsible for installing
the fence along Chapel Hills. Mr. Keeler replied that the fencing would be
concomitant with the development of Section C. The developers would be responsible
for installing the fence.
With no further comments from the public, Mr. Easter closed the public hearing.
was
Mr. Payne suggested, as/recommended in the staff report, the deletion of Condition
D. 1. of any reference to escrow or bonding which would involve the County as a third
party.
Mrs. Diehl questioned the phased development as proposed in conditions C. 1.
and C. 2.
Mr. Keeler explained that this would be comparable to the phased development
of the entrances and is a more logical approach.
Dr. Moore asked if this approach didn't encourage piecemeal development.
Mr. Keeler explained that at least 10 acres would have to be shown on any
final site plan as required by the Zoning Ordinance.
Mr. Lindstrom asked if the church had chosen the PUD approach to development
of this property to reduce the impact of the zoning existing there.
37
Mr. Keeler stated that this property was previously zoned B-1 ( approximately
one-half of the land area ), R-3, and R-2, and that the Planned Community approach
did significantly reduce this potential impact.
Mr. Easter asked, under the proposed amendments, how the existing Branchlands
entrance would be approved.
Mr. Keeler stated that would be covered by Condition D. 2. The Highway
Department had indicated the existing entrance may be adequate for some
commercial use.
Mr. Payne noted that the relocation of the entrance and crossover would be
at the discretion of the Planning Commission under the proposed amendment.
Mrs. Graves asked to see the proposed Michie Drive Extension on the plan which
Mr. Keeler pointed out. She asked about phasing of utilities.
Mr. Keeler responded that the Albemarle County Service Authority would
review plans for individual sections as they develop. A trunk line already exists
on the property but it is not possible to reasonably develop plans for individual
connections at the preliminary plan stage.
Mrs. Graves said that she does not like phasing where water and sewer are
involved.
Mr. Gibson stated that water and sewer improvements -are appropriatelyaddressed
at the time of final site development planning.
Mrs. Graves asked if the recreational area requirements in Conditions E were
individual or cumulative.
Mr. Keeler stated that they were separate requirements.
Mr. Easter asked if this would result in more or less recreational land than
under the original conditions.
Mr. Keeler replied that the total acreage would be comparable to the original
plan.
Col. Washington expressed concern that Branchlands could be developed by several
private owners.
Mr. Payne said that is precisely why the County should not get involved in third
party agreements.
Mrs. Graves asked if this had been submitted to the Site Plan Review Committee
as a new application.
Mr. Keeler said that there were no physical changes proposed by either the
applicant or the staff. Basically, what was being required was amendments to provide
for phased development. Mr. Keeler asked if the Commission desired a full review
including the Site Review Committee comments.
Mrs. Graves said that the issue was piecemeal development.
Dr. Moore said that the roads should be built as the plan progresses.
:�M
Col. Washington asked if the Planning Commission will be asked to transfer 1.0
acres to Farber.
Mr. Keeler stated that the Commission could review the deed restrictions
covering buffering, landscaping, etc., if desired.
Mr. Payne stated that the use of the 10 acres by Farber was c-i decision to be
made by the Planning Commission and Board of Supervisors. It could be denied if it does
not comply with the preliminary plan.
Mr. Keeler said that the 10 acres would remain under the conditions of approval
for Branchlands.
Col. Washington asked if this 10 acres of commercial would be replaced elsewhere
in the plan.
Mr. Evans said in order to do that the plan would have to be amended.
Dr. Moore stated he would vote to deny because there was no schedule of road
building.
Mr. McCann said he supports the petition but would look for improvements to
Route 29 North when a site plan for the 10 acres was submitted.
Mr. Gloeckner moved approval subject to the following conditions:
A. Density - Land Use - Concept
1. Locations and acreages of various land uses and residential densities
shall comply with Approved Plan 1;
2. The cluster arrangement concept, providing for a minimal number of entrances
on to the internal road system be adhered to as indicated in Approved Plan 2.
B. Site Plans - Subdivision of Land
1. Site Plans and subdivisions shall comply with Article 17 of the Zoning
Ordinance and Chapter 18 of the Code of Albemarle respectively;
2. No grading permit shall be issued for roads, streets, or highways until
plans and profiles have been approved by the Virginia Department of Highways and
Transportation.
C. Sewer and Water
1. Plans for water and sewer improvement; for any phase to be developed shall
be approved by the Albemarle County Service Authority prior to the issuance
of any building permit for that phase of development.
2. The developer or developers shall install and dedicate to the Albemarle
County Service Authority all on -site and off -site water and sewer improvements,
which are necessary to serve that phase to be developed, at no cost to the Service
Authority.
D. Transportation System
1. Entrances and crossovers on Route 29 North and internal street layouts
140)
shall conform to Approved Plan 3;
93
Transportation System ( con't. )
2. The existing Branchlands entrance and crossover shall be closed and Entrance
A and crossover ( Approved Plan 3 ) shall be constructed prior to the issuance
of any building permit for any phase of development which would have access
to and increase traffic at the existing entrance; provided that the Planning
Commission, upon recommendation of the Virginia Department of Highways and
Transportation, may waive this requirement for a particular phase of development
upon a finding that the existing entrance would be adequate to accommodate
in a safe manner such traffic as may be occasioned by such development.
3. Rights -of -way shall be reserved and dedicated as shown on Approved Plan 3 for
future potential connections into the Montague -Miller tract and Westfield
Section II;
terior streets will be determined as indiv-
4. All right-of-way widths for all in
idual site development plans are submitted;
5. All streets are to be built to Virginia Department of Highways and Transportation
specifications for inclusion into the State Highway System.
E. Other
1.
Recreational facilites shall be provided according to the fo'.lowing:
tot lots: 55 square feet/dwelling unit
playfields: 165 square feet/dwelling unit
) 165 sq. ft./dwelling unit;
sport facilities: (tennis, handball, swimming, etc.
beds ) or
2.
Bike paths should be constructed along open space corridors ( stream
sewer easements. Such construction shall occur with each phase of development
on the open space corridors and sewer easements located within or immediately
adjacent to that phase of development; provided that the Planning Commission
,r
may require reasonable extension of such bike trail through other areas if
such extension provides linkage to an existing or approved bike trail;
3.
Approval by the County Attorney's Office of Homeowners' Association agreements
for the maintenance of driveways, open space, and other commonly -owned or
common -use amenities. Owners of properties designated for commercial use and
be
Walter F. Sullivan, Bishop of Richmond, as owner of an 8.0 acres tract to
Community
reserved for church purposes and not sold as part of the Planned
) not be
property ( referred to hereinafter as the Church property shall
Association; provided that these
required to be members of the Homeowners'
for the maintenance of the driveways, open
owners shall be solely responsible
located within their respective tracts, and that such maintenance
space, etc.
shall be comparable to that level established in the Homeowners' Association
agreements, the Planning Commission may require in the deed restrictions for
such property, provisions for the maintenance of such driveways, open spaces,
etc., as the Commission shall deem appropriate for adequate buffering and pro-
tection of residential areas and for the reasonable usage or such areas by
future residents of the Planned Community. In respect to usage, the Home-
owners' Association members shall enjoy the same rights and privileges of
use of driveways, open space, etc., within commercially designated areas and
the church property as shall be established by Homeowners' Association
agreements for other such uses within the Planned Community;
be
4.
Approval by the County Attorney of deed restrictions for sections to sold;
in designated
5.
Developer of Section C ( Approved Plan 1 ) to provide fencing area
"Section C" adequate to discourage access and trespass onto adjoining property
( Chapel Hill Subdivision ).
Mr. Huffman seconded the motion, which carried by a vote of 7-2 with Dr. Moore
and Mrs.
Graves dissenting.
:YVC)
With no further business, the meeting adjourned at 12:30 a.m.
9