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HomeMy WebLinkAbout05 18 1999 PC MinutesALBEMARLE COUNTY PLANNING COMMISSION MEETING May 18,1999 The Albemarle County Planning Commission held a meeting and public hearing on Tuesday, May 18, 1999 in the County Office Building. Members attending were: Mr. William Finley, Chairman; Ms. Hilda Lee -Washington, Vice -Chairman; Mr. William Rieley; Mr. Dennis Rooker; Mr. Jared Loewenstein; Mr. William Nitchmann; Mr. Rodney Thomas. Other officials present were: Mr. Greg Kamptner, Assistant County Attorney; Mr. David Benish, Director of Community Development; Mr. Bill Fritz, Senior Planner; Ms. Susan Thomas, Senior Planner. Approval of Minutes — May 4, 1999 Because the minutes were not distributed ahead of time, the Commission moved, seconded and approved deferring the vote on the minutes until the next meeting. Review of Board of Supervisors Meeting — May 12, 1999 Mr. Benish reported that at the May 121h meeting, the Board considered the Montessori Community School expansion, and approved it with recommendations of Planning Commission with an added condition allowing the color options of the mobile units to include pine needle green. The Board approved additions to the Carter's Bridge, Moorman's River, and Yellow Mountain Agricultural/Forestal Districts, and approved the withdrawal from the Yellow Mountain District. The Board approved two rezoning requests and two stream crossings to allow for the Springridge PRD, which included the connection of the road across the Hollymead dam; the Board strongly encouraged the North Forest Lakes residents to reconsider sale of land that would make the "V" alternative viable, and the proffers from the applicant still include that as an option. The Board passed a resolution regarding the Meadowcreek Parkway that encouraged VDOT to acquire land that could be added as park land as replacement for the land lost with the reconstruction of the Meadowcreek Parkway. Matters not listed on the agenda None were offered, and the meeting proceeded. Consent Agenda SDP 98-163 Vintage Market Site Plan Waiver Petition for a site plan waiver for a 12'x58' retail addition onto the south of the existing store, a 14'x59' of storage addition to the rear of the store, to relocate the main entrance into the store to the south side of the building, and the relocation of the canopy that covers the gas pumps. SDP 99-046 Charlottesville Catholic School Critical Slope Waiver Request Request for a waiver to allow grading on critical slopes in conjunction with a preliminary site plan for a 42,000 square foot private school with associated parking and athletic fields on 17.25 acres zoned R-4, Residential. SUB 99-080 Blandemar Farm Estates Waiver Request. Request for approval of a private road to serve two lots (Lots 21 and 22) at the end of Chopin Drive in Blandemar Farm Estates. Property is described as Tax Map 88 Parcels 3R and 3S and is located within the Samuel Miller Magisterial District. The property is designated Rural Area in the Comprehensive Plan and is zoned Rural Area (RA). 223 Mr. Rieley requested an update on Blandemar Farms, specifically the road being constructed ahead of schedule that caused erosion problems and was on the alignment of an unapproved subdivision. Mr. Fritz said that he was not familiar with the issue; Mr. Benish said he was aware of the problems, but did not know the current status of the issue and would find out prior to next week's meeting. MOTION: Mr. Rooker moved, Ms. Washington seconded approval of the Consent Agenda items as presented. The motion passed unanimously. SP 99-22 Triton (Bellair) Sign #61 & #62 Request for special use permit for a personal wireless service facility in accordance with Section 10.2.2.6 of the Zoning Ordinance, which allows for radio -wave transmission and relay towers. The property, zoned R1, Residential and EC, Entrance Corridor and described as Tax map 76C Parcel 1, contains approximately 1.5 acres and is located on the west side of the Route 29 Bypass (Monacan Trail), approximately one-half mile south of the intersection of Routes 29 and 250 West (Ivy Road) in the Samuel Miler Magisterial District at 14 Deer Path. The site is located in Neighborhood Six, and is recommended for Neighborhood Density Residential in the Comprehensive Plan. Applicant requests deferral to June 1 ", 1999. Public comment was invited. None was offered, and the matter was placed before the Commission. Ms. Washington moved, Mr. Loewenstein seconded approval of deferral to June I". The motion passed unanimously. SP 99-21 John Casteen (Sign #31 & #32) Request for special use permit to allow a home occupation for furniture making in accordance with Section [ 10.2.2.31 ] of the Zoning Ordinance which allows for home occupations. The property, described as Tax Map 19 Parcel 7E, contains 2 acres and is located in the White Hall Magisterial District on the west side of Buffalo River Road [Route 4604] approximately 0.6 miles north of the intersection of Buffalo River Road and Frays Mountain Road [Route #664]. The property is zoned RA, Rural Areas. The Comprehensive Plan designates this property as Rural. Mr. Fritz presented the staff report, and indicated that staff has reviewed the application for compliance with the provisions of the Zoning Ordinance, and have found it in keeping with those provisions. He said that the applicant had recently mentioned the possibility of amending Condition #1, which would allow one employee; Mr. Fritz said that would not change the review at all as the impact would be the same. He continued that if a condition prohibiting any employees would simply require the applicant to come back at a future date to ask for amendment. Mr. Fritz noted that the conditions are written so that they include the provisions 224 of the zoning ordinance within the staff report (Condition #6). He concluded that staff recommends approval subject to conditions and the additional one employee. The applicant, John Casteen, addressed the Commission. He offered to answer any questions. Mr. Finley asked him if he uses local wood. Mr. Casteen responded that he does use local wood, including some small Shenandoah Valley sources, North & Forest Products of Zions Crossroads, and Mountain Lumber of Ruckersville. Mr. Loewenstein asked when he might be adding another employee. Mr. Casteen said he is currently working part time in his own shop, and is not sure if he would ever need an employee, but would like to have the flexibility should the need arise. Mr. Loewenstein asked if Mr. Casteen's employee would be full-time. Mr. Casteen responded that if he has more volume than he could handle, he would like to have someone apprentice with him, and would anticipate that to be a full-time person. He said that if his shop grew beyond the level of output that two people could provide, he would seek a commercial site as he did not wish to operate a large business out of his home. Mr. Thomas asked what the difference is between Home Occupation Classes "A" and "B". Mr. Fritz replied that Class "A" is solely within the main dwelling and has no employees; Class "B" is either an accessory structure and/or employees. MOTION: Mr. Nitchmann moved, Mr. Rooker seconded approval of SP 99-21 with a change to Condition # 1 permitting one employee and all other conditions as set forth by staff. Mr. Loewenstein and Mr. Rooker complimented the applicant on his thorough application and praised staff for inclusion of the zoning provisions. The motion passed unanimously. SP 99-23 Triton (Ramada Inn) Sign #63, 64, 65 Request for special use permit for a personal wireless service facility in accordance with Section 10.2.2.6 of the Zoning Ordinance which allows for radio -wave transmission and relay towers. The property, described as Tax Map 78 Parcel 45A, contains approximately 0.69 acres, and is located in the Rivanna Magisterial District at the intersection of Route 250 East (Richmond Road) and I-64. The property is zoned RA, Rural Areas and EC, Entrance Corridor Overlay District. The Comprehensive Plan designates this property as Rural Area 4. Mr. Fritz presented the staff report, referencing the revised site illustrated in a rough sketch within the staff report. He said the applicant has now surveyed that site, and presented a map of the new site. Mr. Fritz reported that the request from Triton is to construct a tree -top facility comprised of a metal pole with a brown surface. He said the proposed location is within a grove of trees that will provide "excellent screening"; staff met with the applicant on -site and sited the facility in the location that would most minimize its visibility from adjacent residential property and from the interstate. Mr. Fritz stated that staff has reviewed the application against the criteria of the Zoning Ordinance, and recommends approval subject to conditions as outlined. He added that the proposal also meets the requirements outlined in the draft design manual. Mr. Fritz noted that 225 0 the Commission would need to act on a waiver of setback, a variance requirement, and a waiver of site plan. He concluded that staff recommends approval subject to conditions as outlined in the staff report. Mr. Rieley noted a discrepancy between material handed out, particularly the 100-foot antenna height. Mr. Fritz responded that some of the information is "different," and emphasized using the condition that limits the height to its relationship to the tallest tree to determine the height of the actual structure. Mr. Rieley said that there should be some adjustment because it's going to limit the pole height to 35 feet. "It seems to me that from the sketches, the idea was to get it up to the height of the trees that are between the interstate and to get it up above that tree height." Mr. Fritz commented that in Attachment "C" page 9, the applicant is simply showing that the facility would be at the height of the trees. "The issue is here is that it is no taller than the tallest tree, whatever the height of those trees may be, and Condition # 1 is the one that works with that. That would supersede the description of the information they [the applicants] are providing you." Mr. Fritz noted that staff has not in the conditions referenced the attachments provided by the applicant, except for the antenna type. Mr. Rieley said that he wants to be "clear and consistent"; the trees that are within 25 feet of the location as it's staked now are about 30 to 40 feet high. He noted that there are some substantially taller trees between the interstate and the proposed facility. Mr. Fritz commented that the taller trees within the interstate right-of-way are either back — on VDOT property — or on a down slope from the site. In response to Mr. Rooker's question, Mr. Fritz confirmed that the towers would be measured against the trees on I-64. Mr. Rooker asked about the applicant's reason for using a metal pole versus a wooden one. Mr. Fritz said that it was the applicant's choice, and staff did not feel it made a difference because of its location. "We didn't find it caused any significant difference in visibility." The applicant's representative, Steve Blaine, addressed the Commission. He said that it is the applicant's intent that the structure enable the antenna to project above the highest trees between the interstate and the pole location. Mr. Blaine presented a graphic that estimates the highest tree to be 86 feet. He said that a metal pole can be installed in sections, and allows Triton to work in tighter places because the equipment and materials are easier to assemble. Mr. Blaine noted that a cross-section showing the area where the pole would be located — intending to project a signal onto I-64 and Route 250 and locate the facility behind the tall trees. He commented that the Bell -Air facility is the closest example in the county to what the proposed site would be. Mr. Fritz noted that when they selected the location, there is an area within a stand of trees where the pole could be located without cutting any trees; he mentioned that Condition #7 is different to address this. 11)C% Mr. Blaine presented photos and maps showing where the site would be and the appearance of the facility from different viewpoints. In response to Mr. Rieley's question about antenna type, Mr. Blaine confirmed that they would be the flat, panel -style approximately 8 inches wide, 10 feet in length, and 1'/2 feet distance from the pole. Mr. Fritz commented that the design is in keeping with the draft design manual. He added that there is a house on the property that contains the proposed site. Mr. Blaine noted that the photos were taken with a 50 min lens. Public comment was invited. None was offered, and the matter was placed before the Commission. Mr. Rieley commended staff on their work with the applicant to find the site. "I do think that it's going to be a serviceable site that is of limited visual impact. I do think that it's going to be visible from 250 because there are no big trees on that side of it, but it's not visible for very long, and you're a pretty substantial distance away — probably '/z mile away from it." He emphasized the need to be clear that if the goal is to get up above the treeline along the interstate, the radius in this case needs to be extended — although 25 feet is generally acceptable. "I think it needs to be more like 40 feet from the location that was surveyed." He added that there needs to be clarity in the language regarding the height of the tree, and suggested using the elevation of the top of the trees. MOTION: Mr. Rieley moved, Mr. Nitchmann seconded approval of SP 99-23 with a change in the language to state "elevation of the top of the trees," instead of "height of the trees," and an increase in the radius referenced in Condition # 1 to 40 feet. The motion passed unanimously. MOTION: Mr. Rooker moved, Mr. Thomas seconded approval of the setback waiver in association with SP 99-23. The motion passed unanimously. MOTION: Mr. Loewenstein moved, Ms. Washington seconded approval of the site plan waiver in association with SP 99-23 with conditions as presented. The motion passed unanimously. Mr. Fritz thanked the applicant for meeting staff on site to find an improved location. Old Business Mr. Fritz said that he and Mr. Kreines are not sure how long it will take to implement changes to the Wireless Telecommunications Design Manual, but will provide Commissioners with a target date for completion when available. New Business There was no new business presented. 227 Mr. Walter Bishop, adjacent property owner to the Charlottesville Catholic School on Penn Park Road, did not realize that the item had been voted on in the Consent Agenda, and began expressing concerns about the critical slope waiver and its effect on his property. MOTION: Mr. Nitchmann moved, Ms. Washington seconded approval of reconsideration of SDP 99-046 from the Consent Agenda. Commissioners noted that Mr. Bishop indicated he did not oppose the school, but does have concerns with the critical slope. The motion passed unanimously. Mr. Bishop addressed the Commission, explaining that he owns three lots that join the property. He said his only concern is about the cut of slope behind his property, stating, "If you do this 2 to 1 slope — I do it every day, been doing it for 50 years — I'm concerned that if you blow rock out of a bank, what's to hold our property up there that is not going to erode. I don't see anything about a wall... it's just a 2 to 1 slope with a little grass thrown on it. If it there was some alternative... I have no objections to it... I'm just concerned that after the site plan was changed... there going to make about an 18-foot cut right in my backyard." He concluded that the bank may not stay up if a lot of rock is removed. "I'm not opposed to the school at all. I look forward to seeing it there... my only concern is about that deep cut right adjacent to our property." Mr. Finely suggested that Mr. Bishop get with staff to discuss his concerns. Mr. Benish suggested the item be deferred to allow that. MOTION: Ms. Washington moved, Mr. Rooker seconded approval of removal of SDP 99-046 from the Consent Agenda and indefinite deferral of the item to give staff and the engineering department time to meet with the property owner and discuss his concerns. The motion passed unanimously. Staff will contact Mr. Bishop to set up a meeting. There being no further business, the meeting was adjourned at 6:40 p.m. V. Wayne Cili Secretary RR T)R