HomeMy WebLinkAbout03 17 87 PC MinutesM
March 17, 1987
The Albemarle County Planning Commission held a public hearing on
Tuesday, March 17, 1987, Meeting Room 7, County Office Building,
Charlottesville, Virginia. Those members present were: Mr.
Richard Cogan, Chairman; Mr. Harry Wilkerson; Mr. David Bowerman;
Ms. Norma Diehl; Mr. Tim Michel; and Mr. Peter Stark. Other officials
present were: Mr. John Horne, Director of Planning and Community
Development; Mr. David Benish, Planner; and Ms. MaryJoy Scala, Senior
Planner. Absent: Commissioner Gould and Mr. Fred Payne, Deputy
County Attorney.
The Chairman called the meeting to order at 7:30 p.m. and established
that a quorum was present. The minutes of February 24 and March 3, 1987,
were approved as submitted.
The Player's Club Site Plan Extension Request - Proposal to locate a racquet
and fitness club comprised of 8,450 square feet of existing structures and
25,500 square feet of proposed expansion. 11.94 acres, zoned PUD, Planned
Unit Development, with ZMA-85-15 to expand the recreational building.
Property, located in Four Seasons, off Four Seasons Drive on the site of the
existing pool, tennis courts and clubhouse. Tax Map 61X1, Parcel 4.
Charlottesville Magisterial District.
Mr. Benish gave the staff report. The report explained that the current
site plan would expire on March 24, 1987 and the applicant was requesting
a one year extension. The applicant had stated the reason construction
had not begun was due to "a change in strategy and timing for the property's
various phases and expansion." The report stated that the applicant
had completed conditions le and if of the original site plan approval.
The report also explained the only circumstance to have changed involved
stormwater detention. The report stated: "The existing lake which is
shown in the Comprehensive Plan as a regional stormwater detention basin, is
intended to provide stormwater detention for this proposed development. The
County has hired a consultant to design the lake for a regional basin.
The consultants are at an impasse in the engineering of the dam and berm
for the basin. If this engineering impasse is not resolved, the developer
of the Player's Club must provide on -site detention. This will be likely to
necessitate the construction of new stormwater detention measures."
Staff recommended an amended condition ld which would accommodate either
alternative: County Engineer approval of stormwater detention to include
either on -site controls or contribution to regional stormwater detention
basin." Staff recommended approval of the extension request, subject
to the previous conditions, as amended.
In response to Mr. Bowerman's question regarding the likelihood of the
impasse being resolved, Mr. Benish stated that though it was difficult
to say at this point, "it doesn't look good." Mr. Benish confirmed
that an on -site detention basin for the facility would probably be
required.
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March 17, 1987
Page 2
Mr. Cogan asked if the site could accommodate a "free standing"
detention basin should on -site detention be required. Mr. Benish
stated that underground detention may be possible. Mr. Horne
added that some revision of the plan would be necessary, at least
to a later phase of the development.
The Chairman invited applicant comment.
Mr. George Bowles was present to represent the applicant, but offered
little additional comment. He explained that he was not able to
elaborate on the detention issue without more information from the
Engineering Department. He explained the basic reason for delay was
because the owners wanted to see if the current facility could generate
income before proceeding.
There being no public comment, the matter was placed before the
Commission.
It was felt the fact that the detention question had not been settled
was reason enough to extend the site plan.
Mr. Bowerman moved that the Player's Club Site Plan Extension Request be
approved subject to the following conditions:
1. A building permit for phases I and II will not be issued until the
following conditions have been met:
a. Issuance of an erosion control permit;
b. County Engineer approval of pathway construction, and parking lot
design and pavement;
c. County Engineer approval of grading and drainage plans and
computations;
d. County Engineer approval of stormwater detention to
include either on -site controls or contribution to regional
stormwater detention basin.
2. A certificate of occupancy will not be :issued until the following
conditions have been met:
a. Staff approval of landscape plan;
b. Fire Officer final approval.
3. Hours of operation for outside activities subject to review by Planning
Commission one year or sooner from the date of issuance of a certificate
of occupancy for the first chronological phase.
Mr. Stark seconded the motion which passed unanimously.
SP-87-6 James B. Murray - Request in accordance with Sections 10.5.4 and
10.2.2 0 0) of the Zoning Ordinance to allow for the issuance of a special
use permit to allow for additional lots in excess of those allowed in a
by -right subdivision. Property, described as Tax Map 31, parcel 21 is located
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March 17, 1987 Page 3
on the southeast side of Rt. 660 approximately 1/2 mile west of Earlysville.
The proposed subdivision will have one entrance on St. Rt. 660 and one entrance
on St. Rt. 661. Charlottesville Magisterial District.
The applicant had requested deferral to March 31, 1987.
Ms. Diehl moved, seconded by Mr. Michel, that the applicant's request for
deferral to March 31, 1987 be approved.
The motion passed unanimously and SP-87-6 for James B. Murray was deferred
to March 31, 1987.
SP-87-03 Page J. McGee - Request in accordance with Section 10.2.2(31) of the
Zoning Ordinance for the issuance of a special use permit for a woodworking
shop to be located in an existing barn on a 419+ acre parcel. The property
is located on the south side of Rt. 668, approximately one mile west of its
intersection with Rt. 671. Tax Map 16, Parcel 6. Zoned RA, Rural Areas.
White Hall Magisterial District.
Mr. Benish gave the staff report. Staff recommended approval of the
request subject to conditions.
The Chairman invited applicant comment.
Mr. William McGee addressed the Commission. He explained that he
has an existing woodworking shop and this request is being made to come
into compliance with the County Ordinance. Mr. McGee explained that
though this will not be his primary source of income, he hoped
to be able to sell a few pieces of his work. It was determined that
the applicant would not be employing additional employees for this
shop.
The Chairman invited public comment.
Mr. Russell Herring, a neighboring property owner, spoke in favor of
the application.
Mr. Joe Kosaro, an adjacent property owner, addressed the Commission.
He asked what protection there was for adjacent property owners to
ensure that this use would not expand at some future time. He had
no objection to the proposal as presented at this time.
Mr. Cogan explained that the use would have to comply with Section 5.2
of the Zoning Ordinance. He explained the following provisions in the
Supplementary Regulations which apply to Home Occupation, Class B:
--Limited to 1,500 square feet of area within an accessory building;
--No sales on site except for items which are handcrafted on the
site; (Mr. Benish was uncertain but felt this was intended to
mean small items.)
--Volumes of traffic are to be no greater than the zoning district
neighborhood;
--Must comply with performance standards in relation to noise.
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March 17, 1987 Page 4
Mr. Benish explained that the special permit would be "tied to Mr. McGee"
who will specifically sign an affidavit with the Zoning Administrator
verifying that he understands the regulations of the intent of the
Home Occupation and that he will abide by those regulations.
There was some question as to whether or not the Ordinance addressed the
issue of the number of employees allowed for such a use. It was suggested
that the Commission might add an additional condition limiting the number
of employees. Mr. McGee indicated he would have no objection to such
a limitation provided it was understood that from time to time it might
be necessary to enlist the help of one of his regular farm employees
briefly for certain tasks.
Mr. Michel moved that SP-87-03 for Page McGee be recommended to the
Board of Supervisors for approval subject to the following conditions:
1. Virginia Department of Transportation approval of entrance.
2. Compliance with Section 5.2 of the Albemarle County Zoning Ordinance.
3. Applicant to be the sole employee for this use. (later eliminated)
Mr. Wilkerson seconded the motion.
There was further discussion about the Ordinance limitation on number of
employees. Mr. Benish stated that the definition of Home Occupation, Class
B, limits employees to not more than two persons other than members of the
family.
There was some question as to whether it was necessary to limit this
use (through added condition 3) to one employee rather than two as defined
in the Ordinance.
Mr. Michel amended his motion and moved that SP-87-03 for Page McGee be
recommended to the Board of Supervisors for approval subject to the
following conditions:
1. Virginia Department of Transportation approval of entrance.
2. Compliance with Section 5.2 of the Albemarle County Zoning Ordinance.
Mr. Wilkerson seconded the amended motion.
Ms. Diehl asked if Section 5.2 addressed the number of employees issue.
Mr. Horne replied, "Yes. If it is defined as that, that is the force of
law. That's what you're approving is a Home Occupation, Class B. If you
approve that, it must comply with the definition."
The motion for approval passed unanimously.
The matter was to be heard by the Board April 15, 1987.
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March 17, 1987
Page 5
ZMA-87-03, and SP-87-07 Flare Corporation - Under ZMA-87-03 Flare Corporation
petitions the Board of Supervisors to rezone 21.523 acres from RA, Rural
Areas to LI, Light Industrial. Under SP-87-07, Flare petitions the Board
to issue a special use permit for a refrigerated warehouse facility (27.2.1.13).
Property, described as Tax Map 56, Parcel 67, is located on the north side
of Rt. 240 east and adjacent to ConAgra, Inc. in the White Hall Magisterial
District.
The applicant was requesting the petition be withdrawn without prejudice.
Mr. Wilkerson moved that the the applicant's request for withdrawal be
approved. Mr. Michel seconded the motion which passed unanimously.
WORK SESSION - Capital Improvements Program 1987-92 (CIP)
Ms. Scala briefly reviewed the CIP materials which were to be discussed in
upcoming work sessions. The following matters generated discussion:
--The difficulty of prioritizing these projects with so little knowledge
of funding.
--Rt. 678 Relocation
--Keene Transfer Station
--Eventual New Landfill Site
--Bennington Channel
Miscellaneous:
Work Sessions for both CIP and Comp Plan Subcommittees to begin at 5:30
henceforth.
Mr. Lindstrom's Historic Preservation Class presentation to be allotted
30 minutes at the end of the April 21st agenda.
There being no further business, the meeting adjourned at 9:15 p.m.
DS
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Horne, Secretary
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March 24, 1987
The Albemarle County Planning Commission held a public hearing on Tuesday,
March 24, 1987, Meeting Room 7, County Office Building, Charlottesville,
Virginia. Those members present were: Mr. Richard Cogan, Chairman;
Mr. Richard Gould, Vice Chairman; Mr. David Bowerman; Mr. Harry
Wilkerson; and Mr. Peter Stark. Other officials present were: Mr.
John Horne, Director of Planning and Community Development; Mr.
David Benish, Planner; Mr. Pat Ford, Planner; and Mr. Fred Payne,
Deputy County Attorney. Absent: Commissioners Diehl and Michel.
The Chairman called the meeting to order at 7:30 p.m. and established
that a quorum was present. The minutes of March 10, 1987 were approved
as submitted.
International Auto Parts Warehouse and Retail Facility Site Plan -
Proposal to locate a 9600 square foot warehouse with 1200 square feet
subordinate retail and 1200 square feet of office space for an auto
parts distributor. All the uses are to be served by 18 parking spaces.
Acreage 6.399. Zoned LI, Light Industrial. Property, described as Tax
Map 32, Parcel 5F, is located on the east side of Route 29 North, north of
Badger-Powatan. Rivanna Magisterial District.
Mr. Ford gave the staff report. The report stated: "Staff opinion is that
warehousing of this nature would not be objectional to the area and is consistent
with the current zoning. The report also stated that additional screening,
beyond what is shown on the site plan, will be required around the
dumpster and in the parking lot." A major issue of the review was that
of access to the site for tractor trailers. The staff report stated:
"All access into and out of the site will be via the northbound lane of
Route 29 North. This poses a problem for tractor trailers accessing the site.
Southbound tractor trailers entering the site will be required to make
U-turns at the break in the median, fronting Badger-Powatan, before proceeding
north and accessing the site. Southbound tractor trailers exiting the site
will also be required to proceed north on Rt. 29 and make a U-turn at the
nearest break in the median, or on the General Electric crossover, to
access the south bound lane of Rt. 29. According to the Virginia Department
of Transportation, 'The present roadway design will not adequately accommodate
the size and operating characteristics of a 50-foot U-turning semi -trailer
combination based upon wheel tracks.' There is currently a left turn lane
in the southbound direction of Rt. 29 at the Badger-Powatan crossover.
There is no left turn lane in the median of the northbound lane for the
crossover north of this site. Also, there is a grade difference in the
crossover north of this site. Based on this information, according to the
Virginia Department of Transportation, '... it would be very difficult for
a semi -trailer combination to properly make a U-turn at either crossover
without additional improvements to the roadway. Therefore, access to this
site for large trucks is not adequate and congestion could occur on Rt.
29 at the crossovers."' An addendum to the staff report explained that
staff had met with an engineer for the Virginia Department of Transportation,
the local assistant resident engineer, and the applicant to discuss this
issue. It was determined at this meeting that the Department of Transportation
/a5
March 24, 1987 Page 2
cound not require any improvements. However, concerning the southern
crossover at Badger Powatan, the report explained that if the
Transportation Department states that improvements are necessary to 4404
provide safe and convenient access to the site, then condition 1(f)
would be amended to include a full length turn lane from the Badger
Powatan entrance to the proposed entrance to International Auto Parts.
Concerning the northern crossover, staff felt the Commission could not
require any improvements to accommodate U-turning tractor trailers.
However, the Commission could authorize staff to write a letter to the
Virginia Department of Transportation recommending the initial posting
of "NO U-TURN" signs and requesting the crossover immediately north of the
site to be closed.
Assuming this issue was resolved, staff recommended approval subject to
conditions.
There was some confusion about staff's addendum. Mr. Ford explained
that though VDH&T cannot require improvements, if they determine there is
a safety hazard, then the County can impose conditions of approval to
address the safety issue. Mr. Horne added, "The difference is, that's a
suggested County condition; but we think that is contingent upon the
Department of Transportation stating that there is a safety problem
with a standard 200 ft. x 200 ft. taper lane." Mr. Horne clarified that
this pertained only to the southern crossover. He stated that staff feels
the northern crossover is not related directly enough to this site to
require any improvements.
Mr. Cogan expressed a lack of understanding as to why improvements
could be required at one crossover but not the other. Mr. Horne
explained that the level of improvements at the northern crossover
would be much more significant, e.g. a portion of Rt. 29 would have
to be regraded, while at the southern crossover, "there is a relatively
small area over and above the 200 x 200 which would be involved.
Staff felt that was "within the realm of what is reasonable" in this
case, but the level of improvements at the northern crossover would
be beyond what staff felt to be reasonable.
Mr. Cogan was concerned with the legality of the issue and questioned
whether the law differentiated between "major and minor" improvements.
He asked for Mr. Payne to comment.
Mr. Payne stated there were two major issues, one being a threshold
issue, i.e. what is the nature of the improvement. "Is the improvement
that they are talking about, whether it be to the northern or southern
(crossover), is that an improvement, the need for which is substantially
generated by this particular site, and which would—be necessitated
for this site whether or not there was any other development in the area
and regardless of through traffic? ... If you can answer that question
in the affirmative, then I think the improvement is nothing more than
an adjunct to the entrance to the property, whether it's 5 feet or
100 feet, or whatever." He stated the second issue is "Is what you're
doing reasonable?" He explained: "When staff tells you that they think
a given improvement is so sophisticated that the County can't require
it, that's what they're talking about, i.e. as a matter of degree, it's
excessive. ... The improvement is out of proportion to the problem that
is being solved by that improvement."
%4V
March 24, 1987 Page 3
The Chairman invited comment from Mr. Echols, representing the Virginia
Department of Transportation.
Mr. Echols addressed the Commission. He explained that the crossovers
are an existing problem. He explained that currently, even though there
is a left turn lane existing at the southern crossover, there is not
sufficient roadwidth for a tractor trailer to make a legal U-turn, i.e.
by the time the turning moving is complete, the vehicle's wheels will be
beyond the edge of pavement on the northbound lane. "However, this
site will be required to install a 200 foot long turn lane with a 200 foot
taper lane, which will almost tie back into the crossover. Therefore,
one way to compensate for the lack of adequate pavement for the U-turning
vehicles, is to basically construct what would amount to a full third lane
from the crossover to the property entrance, which should give sufficient
width for the full U-turn." Regarding the closing of the northern
crossover, Mr. Echols indicated there are problems involved in closing
a crossover, including cost, but the possibility of closing could be
looked into. He stated that posting the crossover with a "No U-Turn"
sign is an easier way to address the issue, but it is not self -enforcing.
Mr. Wilkerson asked Mr. Echols if he considered "the existing situation
to be a safety hazard, once this site is developed." Mr. Echols replied
that it was "not desirable" and cited long-term maintainence problems
as a factor. Mr. Echols was reluctant to state that there was a safety
problem, stating that safety was 41abstract term. He concluded
finally, however, "To answer you question 'yes' or 'no', yes it could
be a safety problem."
The Chairman invited applicant comment.
Mr. Mark Keller, representing the applicant, addressed the Commission.
He offered little additional comment, except to state that the applicant
had no objections to the proposed conditions of approval, including
staff's amended condition 1(f) which would require a full length turn lane
from the Badger-Powatan entrance to the proposed entrance to International
Auto Parts.
There being no public comment, the matter was placed before the Commission.
Mr. Cogan stated he felt condition l(f) as amended by staff would
address the issue sufficiently. He added that it was also desirable
to request that the Highway Department post a "No U-Turn" sign at the
northern crossover and to begin the process for eventual closing
of that crossover.
Mr. Gould and Mr. Wilkerson indicated agreement with Mr. Cogan.
Mr. Bowerman recalled the issue of U-turning trucks had been a concern
of some Commissioners at the time the special permit was reviewed.
He had not felt this was a major issue at the time, but pointed out that
the problems associated with this type of vehicular movement had not
been made known to the Commission at that time. He felt this might
have had some influence on the review at that time. However, at the
present time, he indicated he was in agreement with Mr. Cogan.
/-17
March 24, 1987
Page 4
Mr. Gould moved that the International Auto Parts Warehouse and Retail
Facility Site Plan be approved subject to the following conditions and
also that a recommendation be forwarded to the Highway Department that
a "No-U-Turn" sign be posted at the northern crossover and eventually
closed:
1. A building permit will not be issued until the following conditions
have been met:
a. Issuance of an erosion control permit;
b. County Engineer approval of grading and drainage plans and
calculations;
C. Planning staff approval of landscape plan;
d. Fire Official approval;
e. Virginia Department of Transportation issuance of a commercial
entrance permit, including a full :length turn lane from the
Badger Powatan entrance to the proposed entrance to International
Auto Parts;
f. Albemarle County Service Authority approval of final water and
sewer plans;
g. Albemarle County Service Authority approval of sewer lateral
connection sketch for non-residential connections
(industrial, commercial, institutional).
2. A certificate of occupancy will not be issued until the following
conditions have been met:
a. Fire Official final approval.
Mr. Wilkerson seconded the motion which passed unanimously.
Mr. Horne confirmed that he would proceed with the recommendation to the
Highway Department concerning the northern crossover.
City Public Works Revised Site Plan - Proposal to locate a school bus parking
lot and general storage yard facility for the City's Public Works Department.
The total area of this property is 51.18 acres. (This proposal encompasses
approximately 14 acres.) Zoned LI, Light Industrial. This property is
located on the east side of Avon Street Extended, between I-64 and the Moore's
Creek Bridge. Tax Map 77E(1), Parcel 1. Scottsville Magisterial District.
Mr. Benish gave the staff report. Staff recommended approval subject to
conditions.
Mr. Cogan questioned why the size of the detention pond had not been
increased even though the amount of impervious surface had been doubled.
(The applicant's representative later explained that the detention pond
had been sized, from the beginning, to handle detention if the entire
site was impervious.)
9
91
March 24, 1987
Page 5
Mr. Cogan was also concerned about the area that was being lost for
landscaping between the facility and Rt. 742. Mr. Benish felt that
*000W the 60-80 feet remaining would still allow for adequate screening,
though it would likely be more concentrated and denser.
The Chairman invited applicant comment.
Mr. Sam Saunders, engineer for the project, addressed the Commission.
He introduced the following persons who were also present: Ms. Judith
Mueller, Director of Public Works for the City of Charlottesville;
Mr. Bruce McNab, Assistant Director of Public Works for Operations;
and Mr. John Burberick, Chief Engineer. He answered the question
regarding the detention pond as previously stated. He also stated
there was more than adequate space to provide screening. He stated
that the staff report was accurate in regard to the revisions and reasons for
revision, i.e.: a relocation of the storage yard and employee parking lot,
along with an increase in total number of parking spaces provided, and
the movement of the parking areas closer to Avon Street, in order to provide
for the separation of privately owned vehicles from the parking and storage
compound, and to provide a site configuration that would accommodate
better overall security.
It was determined there are no current plans for the terraced area.
Ms. Mueller confirmed this and added that the landscaping requirements
will be met probably above and beyond what is required. Ms. Mueller
explained that the area labelled "Employee Parking" would be for school
bus drivers only, not for general parking.
In response to Mr. Stark's question, Ms. Mueller confirmed there would
be a fence around the school bus yard and storage area.
The Chairman invited public comment.
Mr. Floyd Artrip addressed the Commission. He had the following concerns
about the proposal:
--He questioned the legality of the proposal since the City does not
pay taxes. He felt this would fall under the Annexation Ordinance
of 1982. He felt the City was annexing this property. He asked
for Mr. Payne to comment. Mr. Payne responded, "This is not an
annexation. If this were an annexation, you wouldn't be reviewing
it, the City would." Mr. Cogan compared the situation to the
County's use of the County Office Building which the County purchased
from the City.
--He was concerned about the loss of tax revenue from the property.
--He was concerned about the property being removed from the County's
industrial base. He stated this represented 25% of the industrially
zoned property in the County which has both public water and sewer.
--He did not feel the Ordinance permits bulk storage in the.LI zone.
--He was concerned about the traffic problems the school buses will
create. He pointed out that the City has refused to dedicate land
for the East-West Connector Road.
/29
March 24, 1987
Page 6
--He questioned the accuracy of the Certified Engineer's letter which
stated that the nearest residence is "650 feet on Meridian Ave."
He stated that there is a residence "right accross the site from *4600
the south entrance --Mr. J.W. Wheeler, 1516 Avon Street."
Mr. Cogan asked Mr. Benish to comment on the type of materials that will
be stored on the site. Mr. Benish listed the following materials: pipe,
concrete manholes and drop inlets, crushed stone and sand, school buses,
and 16 other construction -type vehicles (leaf collectors, motor graders,
cat tractor, steam roller, tractor mowers, backhoes). He added, "The
Zoning Department did review the application the first time it came
around" and determined that this use is consistent with the LI use.
Mr. Cogan stated that some of these items did appear to be bulk storage,
(sand, gravel, etc.). He stated the question arises as to whether this
is a permitted use or one by special permit in the LI zone. Mr. Horne
stated: "When the original staff report was written, the Zoning Administrator
determined that it was a permitted use, as a public use, and a public use
is a permitted use in the LI zone. So that was directly addressed."
Mr. Horne agreed that if this were a private use it could "potentially"
be treated differently. However, he questioned whether this was actually
bulk storage as referred to in the Ordinance. Mr. Payne added, "The
term 'bulk storage' isn't used as some sort of magical independent term.
It's used in connection with other uses. Looking at the HI district,
and I'm not going to tell you that it couldn't be in here more than this
one that I see right away, ... No. 14 use: 'petroleum, gasoline, natural
gas, and manufactured gas bulk storage."' Mr. Horne stated he felt
that was the intent of the term 'bulk storage'.
Mr. Horne stated there was an easy answer to this question, that being
that "unless the Commission determines there is some significant
difference in the use proposed here from the use that was proposed
before, the matter is already settled, and it is no longer open for
discussion. Mr. Horne pointed out that it was reviewed by the Zoning
Administrator before and if there was some question about that it
could, and should, have been raised at that time. ... Your previous
approval of the site plan constituted a determination that it complied
with the Ordinance."
Regarding Mr. Artxip's suggestion that there was a flaw in the Certified
Engineer's report, Mr. Mike Armm, the County Engineer, stated he would
re -verify the information. However, he added, after looking through the
Performance Standards Section of the Ordinance, Section 4.14.1 relating
to noise, that it speaks to the "levels at the nearest residential
district boundary." He stated he did not think it actually referred
to the nearest residential home. Since there was some question about
this matter, it was decided condition l(e) would remain a condition
of approval (Submittal of a Certified Engineer's Report as required by
Section 26.7 of the Albemarle County Engineering Department) and would
not be deleted as had been suggested earlier during Mr. Benish's staff
report.
do
March 24, 1987
Page 7
There being no further public comment, the matter was placed before the
Commission.
Mr. Cogan stated his only concern was the increased traffic on Avon
Street, though he conceded this would be a problem with most any LI use
in this location.
Mr. Gould moved that the City Public Works Revised Site Plan be approved
subject to the following conditions:
1. A building permit will not be issued until the following conditions
are met:
a. County Engineering approval of grading and drainage plans and com-
putations;
b. County Engineering approval of stormwater detention plans and
computations;
C. Virginia Department of Transportation approval of Route 742
improvement and issuance of a commercial entrance permit;
d. Issuance of an erosion control permit;
e. Submittal of a Certified Engineer's Report as required by
Section 26.7 of the Albemarle County Engineering Department;
f. Acquisition of the necessary right-of-way and easements required
from Tax Map 77, Parcels (E(1)-1 and E(2)-2;
g. Albemarle County Service Authority approval of final water and
sewer plans;
h. Extension of sewer easement as required by the Albemarle County
Service Authority;
i. County Fire Officer final approval of site plan for fuel storage
vent location and fire flows;
j. Planning staff approval of revised site plan noting location of
Leibig Sanitary Sewer easement;
k. Planning staff approval of revised landscape plan;
2. Materials shall be stored only in areas designated as storage areas
on the site plan;
3. Materials to be stored on the site shall be limited to those specified
in letter from Gloeckner, Lincoln and Osborne dated August 4, 1986.
Quantities of vehicles and equipment to be limited by available parking
spaces.
4. Waiver of 18-36(d)4 of the private road requirements;
4. Grading or fill activity within the 60-foot reserved right-of-way
shall be at or below the grade necessary for the future construction of
a roadway to Virginia Department of Highways and Transportation standards
for road construction. Compaction of fill located in the reserved
right-of-way shall be to the Virginia Department of Transportation
standards for road construction and shall be verified by the County
Engineer.
Mr. Wilkerson seconded the motion which passed unanimously.
l3/
March 24, 1987
Page 8
Mill Creek, Section II, Preliminary Plat - This is a proposal to create 46
lots with an average lot size of .36 acre. These lots are to be served
by internal public roads. The total area of the site is 24.07 acres. The
property is zoned PUD, Planned Unit Development (Forest Hills PUD, ZMA-85-29).
The property is located on the west side of. Avon Street Extended (Route 742),
just south of and adjacent to Section I of Mill Creek, approved by the
Planning Commission on October 28, 1986. Tax Map 90, Parcel 36A.
Scottsville Magisterial District.
Mr. Benish gave the staff report. Staff recommended approval subject to
conditions.
Mr. Cogan pointed out that the staff report had mentioned the establishment
of side -by -side parking areas for each lot, yet that was not included
in the conditions of approval. It was decided this would be added to
condition 2.
The Chairman invited applicant comment.
The applicant was represented by Mr. George Gilliam, who offered no additional
comment.
There being no public comment, the matter was placed before the Commission.
Mr. Bowerman moved that the Mill Creek, Section II, Preliminary Plat be
approved subject to the following conditions:
1. The final plat will not be signed until the following conditions are met:
a. County Engineering Department approval of road and drainage plans
and computations;
b. Virginia Department of Transportation approval of road and drainage
plans and computations;
c. Issuance of an erosion control permit;
d. Albemarle County Service Authority approval of final water and sewer
plans;
e. Fire Officer final approval;
f. County Attorney approval of homeowner's documents;
g. Planning staff approval of walkway and open space location and design
(between Gray Stone Court and Mill Creek Drive).
2. Grades on driveways not to exceed 20%. All driveways with slopes in
excess of 7% shall be paved, unless otherwise approved by the County
Engineer prior to the issuance of a certificate of occupancy on these
lots, and establishment of side -by -side parking areas for each lot.
3. Drainage ditches along roads to be constructed to Virginia Department
of Highways and Transportation standards. *00
its
March 24, 1987
Page 9
4. Maximum slope of 4 to 1 for drainage areas located on proposed lots,
unless other approved by the County Engineer.
5. Public roads in this phase of development shall be dedicated and
brought into the public road system when 80% of the certificate
of occupancy permits are issued for Section II, or prior to the signing
of a final plat for a fourth phase of development, whichever shall
occur first.
6. Building permits will not be issued on those lots so delineated on the
final plat until the County Fire Official gives approval to adequacy
of fire protection.
7. Administrative approval of final plat.
Mr. Wilkerson seconded the motion which passed unanimously.
Request for Amendment of 1986-91 CIP - Education Department/Stone Robinson
Elementary School.
Mr. Horne explained that the Education Department, on behalf of the Albemarle
County School Board, was requesting an amendment to the 1986-91 CIP
for the purpose of increasing the 1986-87 funding of the Stone Robinson
Elementary School from $1,500,000 (currently approved) to $2,714,000, the
reason being the need for a greater amount of classrooms and total square
footage than originally recommended in the KDA Study. Staff made no
recommendation on the request because they had not had the opportunity
to review it in regards to projections of student enrollment
and determination of need over and above that supporting the project
scheduled in the existing CIP. The Commission was presented with a
report showing a comparison of the KDA recommendations to the Planning
Committee recommendations.
Mr. David Papenfuse, representing the Education Department, addressed
the Commission. He explained the difference in the KDA study and the
Stone Robinson Planning Committee study was the result of the fact that KDA
considered only physical and mechanical functions of the building and did not
take into account enrollment projections, instructional needs, and State
requirements. He explained the request is being made now rather than
waiting "for the regular cycle" because it is hoped the new school can
be occupied by September 1988 and if that is to happen construction must
begin this summer. (It was later determined that in order for the County to
legally let a contract the total must be shown for the current year.)
It was determined Stone Robinson had gained approximately 30 new students
recently as a result of re -districting. (Mr. Simmons, principal of Stone
Robinson,confirmed this although Mr. Papenfuse was unaware this had
taken place.)
Mr. Stark expressed interest in knowing where the additional funds would
come from.
March 24, 1987
Page 10
Mr. Papenfuse explained that though Literary Loan Funds would not be
available for this project, it was possible that funds would be
available through the Virginia Public Service Authority.
Mr. Horne explained that information relating to funding had not
been pv..vided to the Commission because (1) the Board of Supervisors
has not yet determined how the project will be funded, and (2) the
Board feels very strongly about their perrogative in the funding
end of the process.
The Commission was extremely concerned about this situation and
particularly about the following issues:
--The amount of time that lapsed between the KDA Report and the
determination that the report was deficient.
--The fact that so much time and money Sze spent on the KDA Study
and it now appears the report is useless since this same deficiency
will probably surface in all the other projects studied by KDA.
Mr. Gould was concerned about acting on this request "out of context"
since it is not known at this time what the increases in the other
school projects are going to be. (Mr. Papenfuse pointed out that the
other projects were "equity" projects and this project is classified
"urgent.")
--Where will funding come from; will other projects suffer as a result?
--Why was there not more input from the Education Department at the
time KDA was doing the study, i.e. why was KDA not made aware of
projected enrollment figures and state requirements? (Mr. Papenfuse
stated that it was assumed KDA would seek input from school adminis-
trative staff. He also stated, "You can't assume that the Central
Office knows what is going on in the schools." Mr. Simmons confirmed
KDA spent no time with school staff.)
--Mr. Stark questioned how the CIP could be based on such an inadequate
study. He questioned how such an item as "wall and hall space"
could have been omitted from the final calculations.
--This comes as a very unfortunate time when there is the possibility
that County taxes may be reduced.
The Chairman invited public comment.
The following persons addressed the Commission and made a very emotional
plea to the Commission for approval of the additional funding. They cited
extreme overcrowding, inadequate mechanical systems, inadequate classroom
space and the right of all the children in the County to the same level of
educational facilities.
Mr. Scott Basary, parent
Ms. Sharon Wood, President of Stone Robinson PTO
Ms. Diane Deever, librarian at Stone Robinson
Ms. Betsy Orr, parent
Mr. Charles Simmons, Principal at Stone Robinson
Mr. Bill Mallory, parent
Ms. Pam Kemp, parent
Mr. Eberhart, parent
Mr. Pete Craddock, parent
/14
March 24, 1987 Page 11
so
Mr. Cogan closed the public hearing and explained that it was now up to
the Commission to make a recommendation to the Board.
Mr. Wilkerson stated that though he felt the Commission was in a "no win"
situation, he understood the concern of the parents and would support the
request for additional funding. He suggested that it might be possible to
put the Regional Park on hold until the educational needs of the County
are met.
Mr. Gould explained, for the benefit of the public, that he had served
on the school committee during the time KDA was making their study, and
KDA had received very specific directions. He stressed that the
Education Department and School Board were also involved. He was
very disappointed that it seemed to have been a "sterile process" in
terms of getting information from the school level. He was concerned
that this problem was now probably going to happen with every school.
However, in spite of these feelings, Mr. Gould stated he would support
the request. He asked staff to study population projections since he
felt the current projections were higher than what was presented at
the time the study was taking place.
Mr. Bowerman stated he agreed with Mr. Gould. He added that the request
is in compliance with the Comprehensive Plan in terms of public need and
public benefit. He shared Mr. Gould's concern that the Capital
Improvements Program which was put together for 1986-91 is now totally
unrealistic.
Mr. Gould moved that the request for increased allocation for the
86-91 CIP for Stone Robinson School be recommended to the Board of
Supervisors for approval.
Mr. Wilkerson seconded the motion which passed unanimously.
Miscellaneous Business
Mr. Bowerman asked what impact the new state legislation regarding
visual quality would have on Routes 29, 250 and the 250 Bypass.
Mr. Payne stated he was uncertain of the implications since he had
not yet seen the statute. He doubted, however, if there would be
a significant impact since the County already does a very thorough
job in terms of landscaping.
There being no further business, the meeting adjourned at 9:45 p.m.
DS
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. John Horne, ecretary
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