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HomeMy WebLinkAbout06 16 87 PC MinutesJune 16, 1987 The Albemarle County Planning Commission held a public hearing on Tuesday, June 16, 1987, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. Richard Cogan, Chairman; Mr. Richard Gould, Vice Chairman; Mr. Harry Wilkerson; Mr. David Bowerman; Mr. Tim Michel; and Mr. Peter Stark. Other officials present were: Ms. Amelia Patterson, Planner; and Mr. Ronald Keeler, Chief of Planning. Absent: Ms. Norma Diehl, Commissioner and Ms. 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 June 2, 1987 were approved as submitted. Easton's Furniture Site Plan - Proposal to locate an addition of a second story onto an existing building, to be used for furniture sales. This addition will result in a 7,670 gross square foot building served by 20 parking spaces. The property is also presently improved with a single family residence. Acreage 1.72 acres (all 3 lots). Zoned Cl, Commercial. Located in Royal Acres Subdivision on the north side of Rt. 250E, approx- imately one mile east of I-64. Tax Map 79A1, Parcel 13. Rivanna Magisterial District. Ms. Patterson gave the staff report. In response to Mr. Bowerman's question, Ms. Patterson confirmed that the area in which staff will require additional plantings is "between this site and the RA." She also pointed out that the street trees (dogwoods) will need to be planted every 40 feet (instead of every 50 feet as shown), and screening will be required across the frontage to screen the parking area from Rt. 250. The Chairman invited applicant comment. Mr. Earl Barnett, representing the applicant, addressed the Commission. Mr. Barnett asked if some of the conditions of approval could be tied to the Certificate of Occupancy rather than the Building Permit, particularly Virginia Department of Transportation approval since it takes some time to obtain this approval (condition 1(b)). Mr. Barnett confirmed the second floor dimensions would be the same as the first floor and the first floor will not be expanded. There being no public comment, the matter was placed before the Commission. Regarding the applicant's request to have condition l(b) tied to the CO, Mr. Keeler explained that if the applicant makes application for the entrance permit and the local resident engineer foresees no problems with the permit being issued, staff then considers that condition to be satisfied. Mr. Bowerman indicated he was opposed to granting the applicant's request �r to move condition l(b) to the CO because there is good reason for June 16, 1987 Page 2 having them attached to the building permit, that is the standard policy, and there is no reason to make an exception. Mr. Gould agreed. Mr. Bowerman moved that Easton's Furniture Site Plan be approved subject to the following conditions: 1. A building permit will not be issued until the following conditions have been met: a. Recordation of plat or deed combining Lots 13, 14, and 15; b. Virginia Department of Transportation approval of right-of-way improvements and issuance of a commercial entrance permit; c. Issuance of an erosion control permit, as applicable; d. County Engineer approval of grading and drainage plans as applicable; e. Fire Officer approval; f. Planning staff approval of landscape plan. 2. A certificate of occupancy will not be issued until the following con- dition has been met: a. Final Fire Officer approval. Mr. Wilkerson seconded the motion which passed unanimously. South Plains Presbyterian Church Site Plan Waiver and Preliminary Plat - Proposal (a) to locate a 1,212 square foot addition to the South Plains Church, and provide 26 parking spaces; (b) To subdivide into two (2) lots Parcel A of 2.41 acres is presently improved with a single family dwelling and Parcel B is presently improved with the church. 5.3 acres total. Zoned RA, Rural Areas. Property located in the southwest corner of the intersection of Rts. 616 and 22. Tax Map 80, Parcels 116 and 116A, (one (1) separate lot). Rivanna Magisterial District. Ms. Patterson gave the staff report. The report explained that "the church proposes to subdivide to allow the lot on which the parsonage is located to be sold, to fund the proposed church expansion." The report also included the following: "In accordance with Section 18-13a of the Subdivision Ordinance, the proposed subdivision may be administratively approved. However, staff wished to allow the Planning Commission to review the plat concurrently with the site plan. The proposed church lot is similar to an "L" in shape. The applicant explains ... that the lot shape results from (a) provision for future cemetery expansion, and (b) an effort for protection from development of the proposed parcel A, once sold." The report also stated that the Virginia Department of Transportation was recommending a 100-foot long taper lane to serve the commercial entrance on Rt. 616. Though staff did not oppose this recommendation, the report pointed out the following observations: (1) This segment of Rt. 616 is tolerable and has a relatively low traffic count; and (2) The proposed June 16, 1987 Page 3 commercial entrance is approximately 200 feet from Rts. 22 and 616 intersection and, therefore, vehicle speed in this direction will be slowed somewhat by the proximity to the intersection. Staff recommended approval subject to conditions. Ms. Patterson confirmed that if the Commission finds the shape of the lot to be acceptable, then staff can administratively approve the final plat. The Chairman invited applicant comment. Mr. Ken Grant, a member of the church, addressed the Commission. Mr. Grant questioned the necessity of a 100-foot taper lane. He pointed out the relatively low traffic volume and the low speed at which traffic is travelling at the intersection. There being no public comment, the matter was placed before the Commission. Mr. Michel stated he was sympathetic to the issue of the 100-foot taper. He pointed out that staff does not usually make such observations unless they are "extremely well-founded." He stated he was in favor of deleting the 100-foot taper lane (last part of condition 1(c). Mr. Wilkerson agreed. Ms. Patterson confirmed the taper lane had been recommended by the Virginia Department of Transportation, but was not a requirement. The applicant confirmed that the church was used only on Sunday. Mr. Cogan indicated he was not opposed to dropping the requirement for the taper lane. Mr. Michel moved that the South Plains Presbyterian Church Site Plan Waiver and Preliminary Plat be approved subject to the following conditions: 1. A building permit will not be issued until the following conditions have been met: a. Issuance of an erosion control permit, as applicable; b. County Engineer approval of grading and drainage plans, as applicable; c. Virginia Department of Transportation approval of commercial entrance; d. Fire Officer approval; e. Planning staff approval of landscape plan. 2. A certificate of occupancy will not be issued until the following condition has been met: a. Final Fire Officer approval. Mr. Bowerman seconded the motion. om June 16, 1987 Page 4 Mr. Cogan expressed some concern about the shape of the lot. However, Mr. Bowerman pointed out that the lot was not shaped in such a way so as to create a buildable parcel and therefore he had no objection. The previously stated motion for approval passed unanimously. It was determined staff would have administrative approval of the final plat. Stone Robinson Elementary School - Proposal to construct a 24,000 square foot addition to an existing 33,200 square foot school building. This expansion would provide for an enrollment capacity of 600 students with 35 teachers and support staff. 11.306 acres. Zoned RA, Rural Areas. Property, described as Tax Map 79, parcels 22 and 23A, is located on the northwest side of Rt. 729 about 300 feet from Rte. 250E in the Rivanna Magisterial District. Mr. Keeler presented the staff report which included additional comments explaining layouts which had been considered, access issues, sight distance problems, sewage disposal, etc. Mr. Keeler pointed out the following significant issues: --Southern Entrance: The Highway Department questions whether or not sight distance will be achievable; however, the County Engineer is confident that sight distance can be achieved by cutting back the bank. The bank in question is on school property. --Sewage Disposal: The shape and slope of the property, along with the location of the existing building restricted the location of drainfields. Therefore a package treatment plant is proposed which will discharge across Luck Stone property to the Rivanna River. Staff foresees no problems with the applicant being able to obtain a discharge permit and Luck Stone has indicated they will cooperate in whatever way might be required. --Fire Protection Facilities: Three methods are being considered and staff foresees no problems in satisfying the requirements. Staff recommended approval subject to conditions. Commission concerns and comments included the following: --Regarding condition l(i) [The Director of Planning & Community Development may defer compliance with the foregoing conditions to an appropriate phase of construction provided that all foregoing conditions shall be met prior to issuance of a certificate of occupancy.], the Commission felt this should be more specific as to which conditions could be deferred. It was finally determined that conditions l(d) and 1(f) would be referred to specifically. --It was noted that condition 1(h) [Health Department and State Water Control Board approval of sewage treatment system.] did not mean final approval of all technical items of the physical sewage treatment itself, but rather approval of the "system." �Ov9 June 16, 1987 Page 5 --There was concern about the school bus exit being used as both an ingress and egress. It was the desire of the Commission �lrW that signs would be posted designating this as an "Exit Only." (Note: This was the southernmost access at which sight distance was an issue.) --Mr. Cogan was concerned about the southernmost access and the sight distance question. He suggested that condition l(g) be amended as follows: Virginia Department of Transportation approval of commercial entrances and turn lanes to serve northern entrance, including measurement of sight distance from southernmost entrance after the cut along the road has been completed. (Note: Though no opposition was made to this suggestion at this point, it was later determined the additional language was not necessary since the Highway Department would not issue a permit if sight distance was inadequate.) The Chairman invited applicant comment. Mr. David Papenfuse, representing the School Board, addressed the Commission. He was assisted by Mr. William Traylor. Mr. Papenfuse stated he had met with representatives of Luck Stone and they anticipate no problems with granting the easement. Mr. Traylor added that he has received "favorable comments" from both the State Health Department and the State Water Control Board, but they must visit the site before making final comments. Mr. Traylor explained the question is whether or not the existing pipe is adequate to accommodate the flow. If so, the applicant can either use the pipe for "point of effluent discharge;" or the applicant will obtain an easement through Luck Stone and provide a pipe, thus not mixing any of the stormwater or effluent together. Regarding the sight distance issue, Mr. Papenfuse pointed out that school buses sit approximately 4bfeet higher than automobiles so the sight distance for a bus "will not impacted by the hump in the road." Mr. Traylor explained the phasing of the project. Mr. Papenfuse confirmed that he agreed that the southern access should be an Exit only and would be posted as such. Mr. Traylor agreed. Mr. Cogan again pointed out his concern about sight distance at the southern entrance after the cut has been made. Mr. Bowerman stated he was confident the Highway Department would not approve an unsafe entrance. He added, "But I want to make sure that they get the permit, and the Highway Department is on line for the issuance of this permit in this location before they begin any construction. So I'd like to see it not included in 1(i)." He confirmed he was comfortable with l(g) as originally written. Mr. Wilkerson agreed. Mr. Cogan wondered if the Highway Department had seen the County Engineer's plan. Mr. Keeler was unsure. Mr. Cogan felt the Highway Department and the County Engineer should meet to determine if there is agreement on this issue. There being no public comment, the matter was placed before the Commission. 41,90 June 16, 1987 Page 6 It was decided that conditions 1(d) and l(f) would be specifically stated in condition 1(i). Mr. Cogan asked Mr. Keeler to keep the Commission informed on the entrance issue. It was determined it was not necessary to add a condition addressing the issue of the southern access being an Exit only, since staff had stated they would require that it be an Exit only and Mr. Papenfuse confirmed this was the intent of the applicant. Regarding the sewage disposal proposal, Mr. Bowerman asked if this was a tertiary discharge, and is this type of discharge safe when it leaves the pipe? Mr. Traylor was unfamiliar with the term "tertiary," but explained that the treatment plant will have to be approved by the Health Department who will determine the level of treatment based on the applicant's application. He confirmed the discharge would be safe. Mr. Keeler added that the quality of the discharge is dependent on the stream standards of the receiving stream. Mr. Michel stated he was pleased to see all. the agencies working closely on this project. Mr. Bowerman moved that the Stone Robinson Elementary School be approved subject to the following conditions: 1. A building permit will not be issued until the following conditions have been met: a. County Engineer approval of grading and drainage plans and calcula- tions; b. County Engineer approval of stormwater detention plans and calculations, if necessary; C. Issuance of an erosion control permit; d. Wells to be abandoned under State Water Control Board permit; e. Fire Officer preliminary approval including fire hydrant system, and handicapped and emergency access provisions; f. Fire Officer and County Engineer approval of plans for installation of underground fuel storage tank; g. Virginia Department of Transportation approval of commercial entrances and turn lanes to serve northern entrance; h. Health Department and State Water Control Board approval of sewage treatment system; i. The Director of Planning & Community Development may defer compliance with conditions (d) and (f) to an appropriate phase of construction provided that those conditions shall be met prior to issuance of a certificate of occupancy. 2. A certificate of occupancy will not be issued until the following con- ditions have been met: 9 ai/ June 16, 1987 Page 7 a. Section 31.2.3 of the Zoning Ordinance prohibits the Zoning Ad- ministrator from issuance of a certificate of occupancy until improvements directly related to health and safety such as but not limited to fire hydrants and safe and convenient access to public roads have been installed and are operational. Other improvements may be bonded. b. Fire Officer final approval. Mr. Wilkerson seconded the motion which passed unanimously. SP-87-37 Sprigg Lane - Investment Corporation petitions the Board of Super- visors to issue a special use permit in accordance with Section 23.2.2.4 of the Zoning Ordinance, to allow the construction of a parking deck. The property is located on the north side of Rt. 250W, just west of the Rt. 29/250 bypass and adjacent to Piedmont Tractor Sales. Tax Map 60, Parcels 25 and 25C. Samuel Miller Magisterial District. Zoned CO, Commercial Office. Applicant had requested indefinite deferral. Mr. Wilkerson moved, seconded by Mr. Bowerman, that SP-87-37 for Sprigg Lane be indefinitely deferred. The motion passed unanimously. SP-87-34 Lambs Road Baptist Church - (Mornings Out for Mom -operator) - Lamb's Road Baptist Church petitions the Board of Supervisors to issue a special use permit for a Day Nursery (10.2.2.7) on 5.016 acres zoned RA, Rural Areas. Property, described as Tax Map 61, Parcel 6 is located at the intersection of Lambs Road and Barracks Road in the Jack Jouett Mag- isterial District. Applicant had requested indefinite deferral. Mr. Bowerman moved, seconded by Mr. Michel, that SP-87-34 for Lambs Road Baptist Church be indefinitely deferred. The motion passed unanimously. ZTA-87-06 Amend 35.0 Fees of Zoning Ordinance as it relates to site development plan review fees - The Albemarle County Planning Commission has adopted a resolution of intent to adjust the fee schedule to provide fees for preliminary and final site plans, and for the processing of pre- liminary and final site plan and landscape waivers. Mr. Keeler gave the staff report which explained the purpose of the amendment was "to defray costs of processing development applications." av June 16, 1987 Page 8 After a very brief discussion, during which old fees were compared with new fees, and after it was determined there was no public comment, Mr. Wilkerson moved that ZTA 87-06 to Amend 35.0 Fees of the Zoning Ordinance as it relates to site development plan review fees be recommended to the Board of Supervisors for approval as follows: 35.0 FEES Except as herein otherwise provided, every application made to the zoning administrator, the commission, or the board of supervisors shall be accompanied by a fee as set forth hereinafter, to defray the cost of processing such application. a. For a special use permit: 1. Mobile home and home occupation - $20.00. 2. Rural area divisions - $125.00 3. Commercial use - $125.00. 4. Industrial use - $125.00. 5. Private club/recreational facility - $125.00. 6. Mobile home park or subdivision - $125.00. 7. Public utilities - $100.00. 8. All other uses - $75.00. b. For amendment to text of zoning ordinance - $50.00. C. For amendment to zoning map - $125.00 plus $1/acre. d. 1. For requests for a variance to the board of zoning appeals - $50.00. 2. For other appeals to the board of zoning appeals - $20.00. e. 1. For preliminary site development plan - 20$ 0.00. 2. For final site development plan (administrative) - 100.00. 3. For final site development plan (Planning Commission Review)_ - $200.00. 4. For site development plan waiver - $100.00. 5. For site development plan amendment: a) Minor - alterations to parking, circulation, building size, location - $25.00. b) Major - planning commission review - $50.00. cv33 June 16, 1987 Page 9 f. For relief from a condition of approval from commission or landscape waiver by agent - $50.00. In addition to the foregoing, the actual costs of any notice required under Chapter 11, Title 15.1 of the Code shall be taxed to the applicant,.to the extent that the same shall exceed the applicable fee set forth in this section. Failure to pay all applicable fees shall constitute grounds for the denial of any application. (Amended 5-5-82) (Amended 9-1-85). Mr. Gould seconded the motion which passed unanimously. MISCELLANEOUS Mr. Keeler distributed a copy of a memorandum, the purpose of which was to advise the Commission "as to how the staff analyzes subdivision proposals that involve multiple tracts of land." Mr. Keeler explained the contents of the memo. There being no further business, the meeting adjourned at 9:05 p.m. M�9 7S, 877 John Horne, Secretary '23-il