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HomeMy WebLinkAbout10 08 85 PC MinutesOctober 8, 1985 The Albemarle County Planning Commission held a public hearing on Tuesday, October 8, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. David Bowerman, Chairman; Mr. Richard Cogan, Vice -Chairman; Mr. Harry Wilkerson; Ms. Norma Diehl; Mr. Richard Gould; Mr. Tim Michel; and Mr. James Skove. Other officials present were: Mr. John Horne, Director of Planning and Community Development; Mr. Ronald Keeler, Chief of Planning; Mr. David Benish, Planner; Ms. Amelia Patterson, Planner; Mr. Frederick Payne, Deputy County Attorney; and Ms. Patricia Cooke, Ex- Officio. The Chairman called the meeting to order at 7:30 p.m. after establishing that a quorum was present. The minutes of the September 24, 1985 meeting were approved as written. Silver Thatch Inn Guest Rooms - Request for a total of 8 guest - rooms; 4 on the second floor of Silver Thatch Inn and four in an addition. No site plan required. Ms. Patterson stated this was being presented for the Commission's information and no action was required. She reported that the Zoning Department has determined that adequate parking already exists to accommodate the guest rooms. The Highway Department has reviewed the entrances and determined they will be adequate once some minor work is done to obtain adequate sight distance. A turn lane will be required for this use. According to Section 32.3.1(e) of the Zoning Ordinance, no site plan is required. Willow Lake Property Line Revision - Explanation of screening agreement with Piedmont Virginia Community College, due to boundary line revision. Ms. Patterson explained this was being presented for the Commission's information and no action was required. She stated it has been determined the Piedmont Virginia Community College property extends nine feet into the Willow Lake Development. Bermming and landscaping were to have served as a buffer on the boundary adjacent to PVCC. However, due to the location of the correct property line, it is not physically feasible to do this entirely on the Willow Lake Property. She reported that developers of Willow Lake have reached an agreement with PVCC whereby an 8-10 feet high fence will be placed on the property line with 2-3 feet high shrubs in front of the fence on the Willow Lake side and 10-14 feet high trees on the opposite side of the fence on the PVCC property. She confirmed that staff is satisfied with the resolution of the problem. L88 October 8, 1985 Page 2 Joint City/County Resolution Regarding Rt. 29N - Mr. Bowerman explained the resolution had been composed by Mr. Tucker (County) and Mr. Huja (City). He was under the impression the City had already passed the resolution. Mr. Ray Haas (University) has requested that the joint resolution be reworded as follows: From: At a joint meeting of the Charlottesville and Albemarle County Planning Commissions held on September 10, 1985, the two Commissions resolved to request the University of Virginia to consider the following suggestions as they relate to improving the transportation dilemma on U.S. 29 North: To: At a joint meeting of the Charlottesville and Albemarle County Planning Commissions held on September 10, 1985, the two Commissions resolved to request that the University of Virginia meet with the City and County Planning Commissions to discuss the following items: Mr. Bowerman stated he felt the resolution was adequate as it was proposed, and the language did not make that much difference. Mr. Skove indicated he agreed, but stated he did not have really strong feelings about it. Mr. Bowerman stated he was concerned because the change had been requested after a copy of the joint resolution was received. He added that he did72�e a change in substance though there may be a change in appearance. Ms. Diehl suggested that the words and meet to discuss these issues could be added at the end of the paragraph (instead of the wording suggested by the University). She also stated she did not understand the rationale behind the change. Mr. Bowerman stated "it seemed softer." He asked staff who had discussed this with Mr. Haas. Mr. Keeler replied he understood Mr. Haas had called Mr. Tucker with the suggested change. Referring to the last paragraph of the resolution, The next joing meeting of the two Commissions has been scheduled for February 4, 1986, and representatives of the University are invited to attend this meeting at 4 p.m. in City Hall. Mr. Bowerman stated that had not actually been discussed. He recalled it had been considered that the University would be sent a resolution (as composed by Mr. Tucker and Mr. Huja) and invited to participate in the next meeting. 799 October 8, 1985 Page 3 Mr. Skove stated it seems to say the same thing, either way, and if the University preferred the second wording, he "had no problem" if it would "soothe their feelings a bit." Mr. Michel stated he did not feel strongly about the matter. Mr. Wilkerson stated he did feel strongly about it since he resented the fact that the University comes in at the last minute, after the City and County have agreed on this, and expects it to be changed to suit them. Mr. Keeler pointed out that although a number of issues had been discussed at the meeting, the only one that had received any press was the suggestion that student driving should be limited, and the University is responding sensitively to that. It was determined the Commission concurred with the substance of the four items listed in the resolution. Though it was not determined for certain, it was generally felt the City had already adopted the resolution. Mr. Michel stated if the City has adopted it as it is written, he did not think it should be changed. It was the consensus of the Commission that they would agree 1*00 to whatever could be worked out between Mr. Tucker and Mr. Huja, provided the substance is not changed, and the City and County resolution is the same. It was determined Mr. Horne was authorized to sign, for the Chairman, whatever version was finalized. M Wendell Wood Final Plat - Located on the west side of Route 29 and north of Hilton Heights Road, adjacent to Hilton Hotel site. Proposal to divide a 4.04 acre parcel averaging 36,949 square feet. Tax Map 45, parcel C, 68D4. Charlottesville Magisterial District. Mr. Benish gave the staff report. He stated staff was recommending denial of the plan because it did not comply with the Subdivision Ordinance in the following respects: (1) Public road access is inadequate; (2) Access has not been provided to all proposed lots of the subdivision; and (3) Sewer easements have not been shown on final plat. He explained that staff has not had sufficient time to review the plat and though the information had been requested from the applicant, it had not been supplied by the applicant at the time of revision. The Chairman invited applicant comment. MT-01 October 8, 1985 Page 4 Mr. Wendell Wood addressed the Commission and offered the following comments: --It is not known at this time where the entrance on 29 will be. --The Ordinance regulations are familiar to the applicant and will be complied with (i.e. the entrance will be at least 500 feet from the intersection). --Sewer easements are not known at this time because the locations of buildings have not been determined. --Applicant is attempting to subdivide the land so that these issues can be determined. --The condition imposed by the Commission limiting the parcel to one access means that cross easements will be necessary. --It is stated on the plat that the property is limited to one easement and that cross easements will be provided for each purchaser. There being no public comment, the matter was placed before the Commission. Mr. Skove moved that the Wendell Wood Final Plat be denied for the following reasons: (1) Public road access is inadequate; (2) Access has not been provided to all proposed lots of the subdivision; and (3) Sewer easements have not been shown on final plat. The project can be approved when the following changes have been made: (1) Show specific location of access onto U.S. Route 29; (2) Provide means of access to all lots on final plat (delineate access easements); and (3) Show location of sewer easements on final plat. Ms. Diehl seconded the motion. Discussion: Mr. Cogan indicated he understood Mr. Wood's position and asked if some of the concerns could be addressed with conditions on the plat and taken care of at site review. Mr. Bowerman asked Mr. Payne when easements are generally noted on a plat. Mr. Payne replied that they are required to be shown on the plat by the Subdivision Ordinance, i.e. access easements and utility easements. Ms. Diehl stated that approving this "in this fashion" would be opposed to the terms of the ordinance. Mr. Cogan stated that if the Subdivision Ordinance requires that the easements must be shown, "that speaks for itself." 19 M October 8, 1985 Page 5 Mr. Payne suggested that a way to handle this situation would be for the site plan to be approved first and then tailor the subdivision plat to fit the site plan, not vice versa. Mr. Cogan interpreted this as meaning that the easements must be shown, and if it is found later that they do not fit the site plan, then a request can be made to relocate the easement. The Chairman called for a vote on the previously -stated motion for denial. The motion for denial of the Wendell Wood Final Plat was passed unanimously. The applicant then asked why the Commission could not have deferred the item, so that he would not have to go through a whole new filing process. The Chairman stated that was not possible since the applicant had had all the facts before him and had had the opportunity to address the issues before this meeting. He added that the Commission is not going to continue to defer items which are incomplete when they come before the Commission. Hvdraulic Professional Buildinq Partnership Site Plan Proposal to locate 11,016 square foot two story building, con- taining 6 dental offices on 1.83 acre parcel. The property is located east side of Hydraulic Road, +600 feet south of Whitewood Road on the Halipin Office site. Tax Map 61, parcel 27A. Zoned CO, Commercial Office. Charlottesville Magisterial District. Ms. Patterson gave the staff report. She stated the plan had been revised to reflect the sight easement requested by the Highway Department. She also pointed out that the applicant is requesting a waiver of Section 21.7.3 to allow grading and clearing in the buffer zone. In response to Ms. Diehl's question, Ms. Patterson stated that 2-4 parking spaces might be lost if the grading in the buffer zone was not allowed. She confirmed that the applicant is proposing more spaces than would be required, i.e. 58 are proposed and only 50 are required. She explained that two significant trees would be lost if grading in the buffer zone is allowed and staff is recommending that these be replaced with similar trees. 2 9;? October 8, 1985 Page 6 Mr. Cogan asked where the lost trees would be replanted. Ms. Patterson explained that the trees would be lost due to grading, but once the site has stablized they can be replanted in the same place. (Mr. Bowerman left the meeting at this point, due to a possible conflict of interests.) Mr. Cogan, acting as Chairman in Mr. Bowerman's absence, invited applicant comment. Mr. Barry Light, representing the applicant, addressed the Commission. He stated the applicant has no objections to the recommended conditions of approval and that the necessary revisions have been made. There being no public comment, the matter was placed before the Commission. Mr. Cogan asked for comments from Mr. Michel regarding the landscape issue. Mr. Michel responded that was pleased with the way staff had handled the matter, particularly since this is the first experience with the new Landscape Ordinance. He stated he was happy with staff's solution. Mr. Gould aske4M Commission should read the exception for this waiver, since the staff report stated that it would not improve site design. Mr. Cogan quoted from the staff report: "Except, the Commission may waive this requirement in a particular case where it has been demonstrated that grading or clearing is necessary...." Mr. Gould stated, "But it is not necessary." Mr. Cogan agreed. Mr. Michel stated that the new Landscape Ordinance is going to be site specific and staff will have to react since every situation is going to be a little different. He indicated he was concerned about getting into a position where the Commission is reviewing minor variances every meeting when the staff is fully prepared to address the issues themselves. Mr. Cogan stated he understood Mr. Michel's position, but he also understood Mr. Gould's concern. Mr. Payne stated the term "necessary" did not have to be viewed as a strict necessity, and, in this case, the Commission can determine whether or not the grading is necessary. Mr. Gould stated he felt staff had done a fine job in trying to work out the matter, but he hated to see a waiver on the first application. .1-9-5 October 8, 1985 Page 7 Ms. Diehl asked if the applicant could explain the reason for the extra parking spaces. Mr. Light explained that each client (6) had requested 10 parking spaces and they had tried to come as close to that as possible. He added that he felt the replantings that are proposed will be an improvement over what currently exists. Though a detailed landscape plan is not required at this time, Ms. Patterson stated she felt the proposed plantings in the area in question (the buffer zone) will be an improvement. Mr. Cogan stated if staff feels this would be an improvement, then that may be justification. Mr. Payne stated that was exactly the type of determination the Commission should make. Both Mr. Skove and Mr. Wilkerson indicated they felt it would be an improved site design and were willing to permit the waiver. Ms. Diehl stated she was in a quandry since she agreed with staff, but at the same time, reading the language in the Ordinance, she did not feel that it was necessary. Mr. Payne pointed that it does not have to be both, it can be either one. Ms. Diehl stated she could not justify it as an improved site plan if only 50 parking spaces are required. Mr. Gould stated he still felt it did not satisfy the Ordinance in either respect. Mr. Skove asked if the conditions, as written, would allow for the site plan to be approved with the additional parking spaces. Ms. Patterson responded, "Yes." Mr. Skove moved that the Hydraulic Professional Building Part- nership Site Plan be approved subject to the following conditions and with the waiver of Section 21.7.3 to allow grading and clearing in the buffer zone: 1. A building permit will not be issued until the following conditions have been met: a. Issuance of an erosion control permit; b. Issuance of a runoff control permit; C. County Engineer approval of retaining wall design; d. County Engineer approval of grading and drainage plans and computations; 191/ October 8, 1985 Page 8 e. Virginia Department of Highways and Transportation approval of sight easement and drainage plans; f. Albemarle County Service Authority approval of final water and sewer plans; g. Planning staff approval of landscape plan, to include replanting significant trees lost due to grading in buffer zone. 2. A Certificate of Occupancy will not be issued until the following conditions have been met: a. Fire officer final approval; b. County Attorney approval of revision of private road maintenance agreement, if deemed necessary. Mr. Wilkerson seconded the motion which was approved (4:2) with Messrs Wilkerson, Cogan, Michel and Skove voting in favor, and Mr. Gould and Ms. Diehl opposed. (Mr. Bowerman returned to the meeting.) Greene Gardens Site Plan - Drainage Revision Request for relief from County Egnineer's requirement for drainage improvements to stream. Ms. Patterson gave the staff report. In response to Mr. Bowerman's question, Ms. Patterson stated she was not aware of any changes in circumstance. The Chairman invited comment from Mr. Payne. Mr. Payne stated he was concerned about the procedural posture of this request because he views it as nothing other than a request for the Commission to reconsider its previous action. He explained this is different than a request for an amendment to a site plan. He recalled that the County Engineer had given a recommendation for a way to deal with the drainage problem, the applicant had expressed no objection to this recommendation, and then the Commission approved the plan subject to the condition that the drainage be approved by the County Engineer. He stated that historically, if a specific recommendation is made by an approving body, the Commission has evidenced its intent to endorse that recom- mendation by simply attaching a condition "Approval of (that) body." He stated that, in his judgment, when there is a specific recommendation and there is no limitation on the condition as to the approval of that item by the person who made that recommendation, that is an endorsement of that recommendation. That being the case, he stated he did not see any change in Mr. Elrod's position, as of this meeting, from the way it was when originally approved. Therefore, since the applicant was aware of this set of facts and did not choose to challenge Mr. Elrod's recommendation at the time of original approval, the Commission had approved it and is now being asked to reconsider that action. He stated this as nothing more than 2 9S" October 8, 1985 Page 9 a Motion to Reconsider, and under Commission rules, that cannot be done without suspending the rules. He explained that the rules provided that a Motion to Reconsider can only be made at the same meeting or an adjournment of that meeting. Mr. Bowerman stated that, in that case, the only appeal would be to the Board of Supervisors made within 10 days of the Commission's review of the proposal. Mr. Payne responded, "That's right. It would have been." I.e., when the original plan was approved, if the applicant was dissatisfied, he could have asked for a reconsideration at that meeting, or could have appealed the decision to the Board of Supervisors. Mr. Payne stated, "It doesn't seem to me that it is really properly before you," except for possible mediation or advice. Mr. Bowerman stated that he would invite comments from both the County Engineer and the applicant. He stated he felt applicants should have some way to appeal to the Commission if an honest disagreement with staff should arise. However, he stated he did not want to make a policy whereby the Commission would adjudicate every disagree- ment between staff and the applicant over conditions that had already been addressed. He emphasized that he wanted to keep those two issues separate. He stated the current request seems to be simply that the applicant does not want to comply with what was recommended, which is different from a disagreement with staff over how to deal with a certain item engineering -wise. The Chairman invited comments from Mr. Elrod, the County Engineer. Mr. Elrod made the following comments: --There has been no change in circumstances since the original approval. --The channel is definitely eroding, contrary to the applicant's statement that it is not. Visual evidence of erosion exists, e.g. exposed tree roots, downstream complaints. --This project is contributing to the erosion problem since it discharges into this section of stream. --The detention basin is not solving the erosion problem. --The Commission should act as a mediator in this case since the design of the channel had not been done by the applicant's engineers at the time of the original approval and the applicant may have been unaware of the cost involved. z 9( October 8, 1985 Page 10 --It has been suggested to the applicant that they follow the design of the channel that has been done by Floor Fashions and continue on with it. (The applicant felt this would be too costly.) --However, the Floor Fashions design is experimental and the County Engineer is not adverse to considering an alternative design which might be less expensive to the applicant. --Upstream property (which drains towards Greene Gardens) is approximately 20o developed. --It is important that each section of stream be improved to at least a minimum standard to take care of the drainage, --If this is not done, there will be a lot of problems later on as the upstream development takes place. --If improvements are not done by the individual developers as the stream passes through their property, then it is going to be very costly to the County at some future time. The Chairman invited applicant comment. Mr. Rick Walden addressed the Commission. He stated he felt the people downstream feel the erosion problems are being caused by the changes to the stream (i.e. so-called improvements). He agreed that a developer should be responsible for taking care of problems which his development creates, but should not be required to solve problems which he has not created. Mr. Mark Osborne, representing the applicant, addressed the Commission. He made the following comments: --The purpose of the request is to reduce site development costs. --Rip-rap is very expensive and the suggested improvements would total approximately $46,500. --It is legitimate to require a rip -rap channel at the location where the applicant's development impacts the stream. --The applicant is stopping his "land disturbing activity" 80 feet away from the Woodbrook side of the property and should not be responsible for improvements to that section. --Stipping off the vegetation to put in a channel may create more problems than it will solve. Mr. Osborne presented some photographs of the area in question. Mr. Osborne and Mr. Walden together presented a diagram and photographs showing where different situations occur with the site plan. Mr. Osborne continued and stated the applicant feels the problems on his site are the result of upstream users and consequently should be handled as other similar detention basin projects elsewhere in the urban area have been handled. He posed the following questions: --If Greene Gardens were to channel both the streams 2 97' October 8, 1985 Page 11 and extend the channel down from Floor Fashions, what „r responsibilities would Greene Gardens have to the property owner just downstream from the confluence, since their improvements would end right at his property line? --If only a building addition were being shown on this site plan, with no grading, would the applicant be required to channelize both these streams because of future development that is going to occur upstream? --To what extent is it reasonable to require the channelizing, and to what extent would the applicant be able to revise the site plan, pull the grading limits back, and do other things to try to reduce the overall site development costs? Mr. Rick Carter, attorney for the applicant, addressed the Commission. He indicated he would like for the Commission to consider that all the engineering calculations, etc. had not been done when the original conditions of approval were approved, and now that the County Engineer's requirements are known, the applicant does not agree with them. He stated the applicant feels that "reasonableness" must be read into the Soil Erosion Ordinance. He emphasized that the applicant feels that his development is not effecting the stream. Mr. Elrod pointed out the area that was involved on the map. He explained why it was his contention that the applicant's development was effecting the stream, i.e. because all of the drainage from the site discharges at one point, approximately 10-15 feet inside the applicant's property line. Mr. Cogan asked what type of improvements the County Engineer was recommending. Mr. Elrod explained that he is requiring a rip -rap channel and this is necessary because the applicant is filling out into the stream area. He further explained that the filling meant that the stream section is being made narrower, thereby increasing the velocity which will increase erosion. Mr. Walden stated that if he can come up with a system whereby all the drainage would be directed into the detention pond, he would like to be relieved of the necessity of channelizing the "pond" on the Albemarle Square side. The Chairman closed the meeting to further applicant comment and placed the matter before the Commission. Mr. Keeler stated this was the first time some other type of drainage system had been suggested but this was a matter that could be worked out between the applicant and the County Engineer. M'71 October 8, 1985 Page 12 In reference to Mr. Carter's statement that the County Engineer's requirements had not been known at the time of the original approval (and therefore the applicant could not have objected at that time), Mr. Cogan asked what the proper procedure would then be if those requirements were still not known to the applicant during the 10-day appeal period following the approval. Mr. Payne indicated he did not feel that was an issue in this case (though it might be in others). He explained that the very same recommendation which was before the Commission at the time of the original approval is what is now before the Commission, i.e. channelizing the stream. He stated that exactly how that is to be accomplished is a matter for Mr. Elrod to work out with the engineer. He said "that is not the issue." He explained he understood the issue to be that "Mr. Elrod said then the stream should be channelized and Mr. Elrod is saying now the stream should be channelized." Mr. Payne confirmed that no time was lost since this has always been known to the applicant. He emphasized that this is to be distinguished from a situation where "you haven't determined how you are going to solve stormwater detention and the County Engineer says it can be done, we can work that out, but there is no specific determination of how it is going to be done, then it turns out there are four or five ways to do it" and it must be resolved which method will be used. That being the case, Mr. Cogan stated he felt this issue "does not really belong here tonight." He felt the applicant would have to work it out with Mr. Elrod. Mr. Bowerman indicated he agreed with Mr. Cogan. He stated there is a well -established policy to rely on the County Engineer to make this type of determination, particularly when those requirements have been determined in advance. He explained the ordinances require improvements where a development is redirecting water from the site into an existing stream and it is of no consequence whether the water going through that stream is originating on site or upstream. He emphasized those are clearly established policies of the county which are included in the ordinances. He stated he was in favor of "leaving this as it sits." Mr. Michel agreed; however, in reference to the issue of whether or not the applicant was aware of the requirements at the time of approval, he stated he thought it was important that the applicant have a "redress angle". Mr. Payne stated it was not inappropriate for an applicant to ask to amend a site plan, and if the applicant has in mind to change the grading, etc., such an amendment may be appropriate, but that is not the same question. 99 October 8, 1985 Page 13 The applicant stated that currently there is no appeal process to contest the County Engineer's requirements. Mr. Bowerman pointed out that the applicant had just heard the appeal process explained, i.e. (1) "You exercised that right here tonight even though we disagree with you; and (2) "The County Attorney has just suggested that you can make an application for an amended site plan which then goes through the review and comes before us." It was the consensus of the Commission that the matter should be left alone, i.e. the original conditions of approval remain. It was determined no motion was required. In regard to the possibility of an amended site plan, Mr. Keeler stated he would not bring any site plans before the Commission until the applicant has met the requirement to hook to public sewer. He explained that, in his opinion, they are in violation of an earlier site plan until that requirement has been satisfied. He stated they have been notified by the Health Department on several occasions. NEW BUSINESS Mr. Keeler requested that administrative approval of site plans for condominiums and townhouses be made a standard policy. He stated that sometimes that request "falls through the cracks" at the meetings and does not get acted on. It was the consensus of the Commission that this request be approved. Mr. Payne made the following comments relating to the Greene Gardens issue: --The Commission could have avoided hearing this matter simply by being more rigorous when applying their rules. --The matter probably should not have been on the agenda. --Before discussing it at all, it should have been determined if this was a "motion to reconsider" and, if so, it is not proper to discuss it until it has been determined that the Commission is going to suspend its rules. If the rules are not to be suspended, the matter should not be taken up. Mr. Bowerman pointed out that it is very difficult to limit discussion on an item if there are members of the public present. He suggested that on matters similar to this one where a question of policy is involved, it should first be brought up at a meeting prior to scheduling it for a public review. This would give the Commission the opportunity to discuss it and make a decision as to whether or not it should be heard. Soo October 8, 1985 Page 14 Mr. Horne explained that in the future applicants will be advised to make their wishes known in writing to the Director of Planning who will then present the letter to the Commission for a determination as to whether or not they wish to address the issue. Mr. Payne felt this was a good idea. He stated that this type of issue will come up more frequently if the LURC recommendations are adopted. He explained that the Commission's procedures are there for a reason, one of which is to expedite the handling of these issues and if the Commission will focus on the procedural issue first, it may never even reach the substantive issue. He indicated that if nothing has changed in an issue, there is no reason for the Commission to have to deal with it again. Mr. Bowerman added that the Commission is continually faced with questions of cost and that is not a Commission function. Referring to the Landscape Ordinance, Mr. Michel stated he hoped the Commission would not be seeing acceptable staff solutions coming in with variances because the Commission has been trying to avoid this. He suggested it might be possible to rework the wording somewhat to reflect this and asked Mr. Horne to look into the matter. Mr. Horne stated he understood that the Commission would like to see the Landscape Ordinance "work on its own." He stated the policy would be monitored closely to see if it is working or if some changes might be in order. There being no further business, the meeting adjourned at 9:20 p.m. DS 9 Jd/