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HomeMy WebLinkAbout04 28 1998 PC Minutes4-28-98 1 APRIL 28, 1998 The Albemarle County Planning Commission held a public hearing on Tuesday, April 28, 1998, in the County Office Building, Charlottesville, Virginia. Those members present were. - Mr. Jared Loewenstein, Chairman; Mr. David Tice; Mr. William Finley; Mr. Dennis Rooker; and Mr. Will Rieley. Other officials present were: Mr. David Benish, Chief of Community Development; Ms. MaryJoy Scala, Senior Planner; Mr. Maynard Sipe, Planner; Mr. Dave Hirschman, Water Resources Manager; Mr. Greg Kamptner, Assistant County Attorney; and Mr. Pete Anderson, UVA Representative. Absent: Commissioners Nitchmann and Washington. A quorum was confirmed and the meeting was called to order at 7.00 p.m. The minutes of April 14th were unanimously approved as amended. CONSENT AGENDA SUB 98-018 Forest Lakes South, Section 7 Teakwood, Phase III Final Subdivision Plat Waiver Request - Request for waiver of Section 32.7.2.4 of the Zoning Ordinance requiring a second access point to a public road for 50 or more lots. No concerns were raised by the Commission. MOTION: Mr. Finley moved, Mr. Rooker seconded, that the Consent Agenda be approved. The motion passed unanimously. WORK SESSION Debris Flow Mr. Hirschman introduced Dr. Ben Morgan, a Research Geologist with the US Geological Survey. He defined a debris flow as "a movement of water, rock and soil and all the vegetation that was growing on that soil, moving down slope as a slurry --not as a well- defined coherent mass, but as a fluid... fairly rare occurrences with catastrophic circumstances." Dr. Morgan presented a series of slides showing debris flows. The slides included some of western Albemarle County, on the north fork of the Moorman's River, and the Graves Mill area in Madison County during the 1995 storm. He then answered Commission questions about the topic. Specific questions he addressed were: --Where are debris flows likely to take place? ANSWER: They occur overwhelmingly on 300 slopes (57% grade). They will move directly into the stream drainages and will move down slope towards the major stream. The stream drainages which lie beneath 300 slopes are extremely vulnerable. --What events will trigger a debris flow? ANSWER: A tremendous amount of rain causes small slides, usually in fairly high altitudes on the ridges, which move down on top of other saturated material and over pressure that material so that the pressure of fluid inside the soil begins to exceed the strength of the soil. As it becomes fluidized it moves down and se)z, 4-28-98 2 collects more and more material until it eventually becomes a torrent. They occur in this part of the world as the result of extreme storms and extreme rainfall conditions. --How often can they be expected to happen? ANSWER: Records indicate they can be expected to occur every 2,000 to 2,500 years in the same location; every 10 years somewhere in the entire Blue Ridge front of Virginia. Dr. Morgan's answers to Commission questions included the following: --Increased flooding can be expected to occur in those areas where debris flows have removed all the vegetation. Other changes include increased temperature (effecting trout fishing), increased turbidity in the water (effecting water quality), and bank instability. --No estimate of the number of board feet lost during the 1995 storm has been made. --Most homes which are damaged by debris flow are built in small swales or gullies. The damage is caused by a combination of debris flow and flooding. --It is difficult to predict how often rainfall of such high intensity will occur because there is no accurate measurement system. One thing which counties can do is work with emergency services to install a rain measurement system closer to the mountain front which can provide emergency data. (The weather service was only able to predict 6-8 inches of rain before the storms which were shown in the slides. } --Debris flows happen all over the world. --Soil types appear to have very little correlation to the occurrence of debris flows, but "the amount of soil and the duration and intensity of rain hitting it tends to be the most important reasons for failure and the existing network of drainages is the main guide as to where they are going to go after that." --in an effort to identify areas which may be susceptible to debris flows, USGS would like to see the development of a General Hazard Map for the Blue Ridge Front, but one is not available at this time. Such a map would be based on 300 slopes, and evidence of activity which has occurred in the past, such as the presence of ancient debris fans, and on the stream drainage network. Dr. Morgan said he believes an Early Warning System could be developed if on -ground instrumentation was available. ("The Doppler Radar System, which was developed for a warm rain in Iowa, does not work for these extreme conditions.") Other measures for dealing with debris flows include: Slope Ordinances which preclude intense development in areas which are likely to be hazardous; location of roads and bridge structures in such a way that they are above the floodplains and constructed so that even if the abutments fail the bridge does not; and a warning system. Dr. Morgan stressed that danger to life can be avoided by not constructing homes in susceptible areas. Mr. Rooker asked if any studies were done to determine how the silting, which occurred as a result of the 1995 storm, effected the capacity of the Sugar Hollow reservoir. Mr. Hirschman said a Bathometric Survey had been performed after the storm which showed that 15% of the capacity has been lost over a period of 50 years, and it is likely most of that was a result of this one storm. Mr. Hirschman said the County "has a way to go in terms of predictive and preventative measures." WORK SESSION S-60 4-28-98 Comp Plan - Chapter 2 =The Natural Environment 3 Ms. Scala presented a draft of Chapter 2, most of which had been reviewed by the Commission at previous work sessions. She pointed out additions and changes made since the last work session. Commission comments, questions and suggestions were as follows: LOEWENSTEIN --Pg. 76, re: Lighting Ordinance: He suggested that the language be updated to reflect actions which have taken place since the original Resolution of Intent. (Ms. Scala said staff has prepared a chronology of events which it may be possible to insert in this section. --Pg. 83 (middle paragraph) re: appointment of a Biodiversity Committee: He questioned the use of the word "should." He felt this language was more tentative than what is used in other parts of the document. and is "weaker" in the suggestions it makes. He suggested the language should be firmer. --Pg. 46, Open Space Resources: He complimented staff on the way this section "integrates several separate resources. He said he would have liked to see more of that. Particularly, in the Sustainability section (bottom of pg. 46), and in talking about the Sustainability Council (pg. 47), he suggested "more specific references could be made to that in other sections where it seems appropriate, to tie this in with that initiative." TICE: --Re: Sustainability section: He agreed with Mr. Loewenstein's suggestions. He also suggested the Mission Statement for the Sustainability Council should be included. He thought it would be better to put the topic at the beginning of the chapter. He said he would also like to see it at the beginning of the entire Comp Plan. --Regarding the organization of this chapter: He said he thinks there is "a little problem with the semantics of water resources appearing to be separate from open space resources and natural resources." He suggested a way to address this might be to move the Natural Resource heading at the beginning with the others being sub -sections. --Introduction to Natural Resource chapter: He suggested it would be helpful to elaborate more on why the analysis of the natural environment is important to planning in the county. He suggested consideration be given to the following language: "The maintenance and enhancement of our quality of life, our economic health and the health of our citizens are dependent on our natural environment and the ecological services it provides. As defined by Gretchen Daily, ecological services are 'the conditions and processes through which natural eco-systems and the species that make them up sustain and fulfill human life. The functions that are critical to our economy and our quality of life include purification of air and water, mitigation of floods and droughts, detoxification and decomposition of wastes, generation and renewal of soil fertility, pollination of crops, control of pests, maintenance of biodiversity for human needs, moderation of climate, aesthetic beauty and intellectual stimulation and recreation."' --Biodiversity Section: He suggested the inclusion of a list or table of existing species that the Natural Heritage program is tracking in Albemarle County. The table can be 4-28-98 4 downloaded from the Natural Heritage web site. (A footnote should be included describing the date the table was created.) --Biodiversity Section: He wondered if it might be useful to include a list and a map, from the EPA Toxic Release Inventory, showing sites of toxic emissions in the county. He thought this might be useful to people planning projects, or planning to buy property. If a map is not possible, he suggested there at least be a reference directing people where to go to get information. Mr. Anderson asked if there would be any legal considerations in including such a list. Mr. Tice said it is all public information. Mr. Rooker noted that the list does not show the status of any cleanup measures that may be taking place. --Ag and Forestal Resources: He asked where these are being addressed in the Comp Plan. Ms. Scale said these topics will be addressed in the Rural Areas Chapter. Mr. Tice suggested a statement should be included to reflect the link, e.g. "Agriculture and Forestry resources are covered in the Rural Areas chapter." --Pg. 68, re: Debris Flows, first bullet: The statement should reflect that there were debris flows in Albemarle County, just inside the county line. --Pg. 68, re: Debris Flows, paragraph after the bullets: He suggested adding at the end of paragraph "It is believed that debris flows may occur along the Blue Ridge Front in Virginia on a frequency of approximately once every ten years." FINLEY --Pg. 5: He noted that something seems to be missing from the bottom of the page. --Pg. 7, Public Education: He suggested public schools should be included. --Pg. 9, Agencies and Responsibilities Table: He asked the following questions: "What is the link between the County and the two Authorities? Do they have full authority when it comes to developing our public water supply? Do they answer to anyone? Who decides if they are going to wipe out the James Spiny Mussel, or not wipe it out? Is it going to be Buck Mountain, or not? Who is involved in making the decisions in the future? Do the Boards of these authorities answer to the Board of Supervisors?" Mr. Hirschman said the two Authorities are "fairly autonomous with regard to decisions about the water supply and its management." Mr. Finley said his concern is "anything that important and vital to practically everything we do in this county --growth and everything else --does that Board answer to no one?" Mr. Hirschman said: "They answer to their rate payers.... At some point the community decided to externalize these functions of water and sewer disposal and there are certain implications to that which I think you are getting to the heart of." Mr. Rooker pointed out that the County Board of Supervisors makes decisions as to which areas are to be served by public water and sewer. Mr. Rieley suggested it might be helpful to include a footnote which describes the legal autonomy and level of autonomy --Pg. 11, Agencies and Responsibilities Table, Game and Inland Fisheries: He asked if GIF has enforcement authority if endangered species are present. Mr. Hirschman said GIF has informal VETO power, i.e. "if GIF is upset with a permit, then the Corps of Engineers or DEQ would probably not issue the permit." The Endangered Species Act controls what can happen. --Pg. 12, Agencies and Responsibilities Table, U.S. Army Corps of Engineers: He suggested the addition of "stream crossing permits" to the list of functions for this agency. --Pg. 16, first sentence on page: He said he understands there is to be no recreational use of the Buck Mt. Reservoir. Mr. Hirschman said he is not aware of any talk about what uses will be allowed, but he assumes they will be similar to what is allowed on SC-6- 4-28-98 5 existing reservoirs. He said the recreational use of water reservoirs is addressed in the County Code. --Pg. 25, first sentence on page: He asked if the $20 million dollars included cost of land. Mr. Hirschman replied affirmatively. --Pg. 48 (and other places) Open Space Plan: He asked about the meaning of the term "acquisition." He asked: "Who is going to acquire? Does it mean someone is going to begin buying open spaces?" Ms. Scala said that language is taken from the current Open Space Plan. She said acquisition could mean "purchase or donation of fee simple, purchase or donation of development rights, or purchase or donation of an easement." Government purchase is one possibility for protecting open space. --Pg. 63, Greenway Facilities: He called attention to the statement which says the County will "in no case use the right of imminent domain" to acquire land for the Greenway. He asked if imminent domain can be used to acquire property for other reasons. Staff said the County has the authority to use imminent domain for an important public purpose. Mr. Rooker said the language proposed here does not extend the County's authority or intention. Mr. Finley was concerned about the possibility that the County could, at some time, decide to acquire land for open space through the use of imminent domain. Ms. Scala said: "Imminent domain is available to the County, but it doesn't mean they are going to use it. I wanted the plan to be complete (so) I wanted to list all the options available. Obviously, acquisition won't happen very often because there aren't funds available.... Imminent domain would be a last resort, I would think, in any case. It is mentioned just because it exists as a possibility." Noting that this is the Comprehensive Plan, Mr. Finley asked: "Is there anything in an ordinance which says "in no case (shall imminent domain be used)." He again asked: "What is the meaning of this statement? Is the County prohibited from doing so, and, if so, under what authority?" Mr. Benish replied: "The Comprehensive Plan is a general policy document. So it is stating that it is the County's intent that they will not utilize it. I don't think you can preclude a government's ability to use imminent domain. That is reserved by the Board itself to exercise that. Later in the discussion Mr. Finley again raised the question of "authority when it comes to public water resources. They are autonomous, but must they still stay within the context of the Comprehensive Plan with what they do?" He said he has raised this question before, with the same result --no definitive answer. RIELEY --Open Space Section: He said he would like to "see a statement of principle about the critical nature of open space as a structural element in our emerging urban areas. We talk a lot about greenways, but there are lots of other concerns to consider --squares, courts, parks, divided streets, tree lawns, etc --and it seems a statement in the Comprehensive Plan asserting the importance of their value would be helpful as we evaluate individual projects. I think it would be a useful tool, particularly in high density areas. Mr. Tice pointed out that a statement on page 82 addresses this "somewhat." Ms. Scala said it should be included in the beginning of the Open Space section. Mr. Rooker said it would be appropriate to include it in the Introduction to the Comp Plan, given the fact that we push the development of open space as a basic development concept to be followed by the County." He said he thinks it is important to include someplace the items listed by Mr. Rieley..."things we consider are important in order to improve the quality of life in the County that relate to open space.' 4-28-98 6 ROOKER --Pg. 68, re: Debris Flow: He suggested including some of Dr. Morgan's information related to the characteristics of debris flows and also some of his recommendations, such as that building in critical areas is to be avoided. He felt this would be a helpful tool the Commission can "point to in terms of the location of building sites, etc." As suggested by Dr. Morgan, Mr. Hirschman suggested it would be helpful to develop a Hazard Map for the County. Ms. Scala pointed out that a GIS System is needed to develop this type of map. Mr. Tice suggested adding on pg. 69, after No. 4, "The County should develop a Hazard Map, with the assistance of USGS." Ms. Scala suggested adding it as a strategy on page 66. --To address the questions raised by Mr. Finley about the two Authorities' "autonomy," Mr. Rooker suggested it would be helpful to get an opinion from the county's legal staff as to the "breakdown of the areas where the Service Authority has autonomy, and those areas where decisions still follow the parameters of the Board of Supervisors or the Commission....,, Mr. Benish suggested this would best be addressed in the Utilities Section of the Comp Plan. Public comment was invited. None was offered. Mountain Protection Ordinance - Discussion of Upcoming Public Hearing and Public Notice - There was a brief discussion about the process which will be followed for the upcoming hearing on the proposed Mountain Protection Ordinance. An Open House will be held at the County Office Building on May 7, 4:00 to 7:00 p.m. Maps will be on display and copies of all the proposed amendments will be available. Staff will be present to answer questions. The Commission will hold a public hearing May 19th, to be followed by Board work sessions and, ultimately, a Board public hearing. There was a brief discussion of the public notice letter which will be sent to property owners (approximately 1,500), a draft of which had been distributed to Commissioners. The Commission suggested the following.- --include an "arrow" or some notation showing that the text continues on the reverse side. --Above each of the three paragraphs on the fist page, spell out Amendment to the Comp Plan, Amendment to the Zoning Text, Amendment to the Zoning Map. (Mr. Tice said most people do not know what CPA, ZTA and ZMA stand for.) --Mr. Rooker thought it was confusing to include in ZTA 98-05 "constructed embankments" which applies county -wide (not just to the Mountain Protection Ordinance). He said the way it is worded here, it sounds as though it applies only to Mountain Overlay Districts. He suggested this should be "broken out" in the public notice because it should be clear to people who do not own Mountain Overlay District land that an amendment is being considered that applies to property outside the Overlay District. --During the Open House, staff should be clearly identified so that people will know to whom they can ask questions. --There should be some way to record public comments. Mr. Rooker recommended a Public Comment Sheet be made available. --During the Open House, have available Tax Map and Parcel Numbers for those people who do not have this information. Ms. Scala said she would contact Commissioners Nitchmann and Washington to get their comments. .107 4-28-98 Mr. Rieley commended Ms. Scala for her summary of the proposed amendments. MISCELLANEOUS Mr. Tice asked that a Work Session be scheduled (as an additional agenda item) on May 12th to discuss briefly the new vesting law passed by the General Assembly and other issues related to the subdivision ordinance. He said no staff report would be needed. Rather, this will be a time for Commissioners to identify concerns about the Ordinance. Staff confirmed they will schedule a work session for May 12. Mr. Bob Watson was allowed to address the Commission. He distributed to staff a copy (to be copied for the Commission) of two joint resolutions passed by the House, with the Senate concurring --one related to the future of Virginia's cities, and the other related to residential development patterns throughout Virginia. He said the commissions will be operative for one year and will report to the next session of the General Assembly. He suggested it would be helpful to ask local delegates to keep the County updated. Mr. Loewenstein asked staff to follow up. There being no further business, the meeting adjourned at 9:25 p.m. K: w V. Wayne Cilimberg, Sec, tary ,.�05(