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HomeMy WebLinkAbout01 28 1997 PC Minutescm M 1-28-97 JANUARY 28, 1997 The Albemarle County Planning Commission held a public hearing on Tuesday, January 28, 1997, in the County Office Building, Charlottesville, Virginia. Those members present were: Mr. Jared Loewenstein, Chairman; Mr. David Tice, Vice Chairman; Ms. Hilda Lee -Washington; Ms. Babs Huckle; Mr. Bruce Dotson; and Mr. William Finley. Other officials present were: Mr. David Benish, Chief of Community Development, Ms. MaryJoy Scala, Senior Planner; Mr. David Hirschman, Water Resources Manager; and Mr. Greg Kamptner, Assistant County Attorney. Absent. - Commissioner Nitchmann. The meeting was called to order and a quorum was established. The minutes of January 7,1997 were unanimously approved as amended. SP 96-43 Nancy Porritt, Piney Mountain Preschool and Children's Cottage - Proposal to establish a private pre-school to serve 6-9 children on a 2.7 acre property in the Rural Areas district. Property, described as Tax Map 21, Parcel 12A, is located on the east side of Route 29 North, across from GE Fanuc in the Rivanna Magisterial District. The property is zoned RA, Rural Areas and is not within a designated Development Area (Rural Area 2). Deferred from January 7, 1997 Commission meeting. Ms. Scala presented the staff report. The report explained this item had been deferred by the Commission to allow time for the applicant to meet with the Virginia Department of Transportation on the question of a commercial entrance and taper lane. The applicant met with both Bill Mills (VDOT) and with Jack Kelsey (Acting County Engineer). Both approved the applicant's sketch of the proposed entrance improvements. The applicant was present but offered no comment. There being no public comment, the item was placed before the Commission. Mr. Loewenstein said the amended conditions of approval appear to meet the concerns which were identified at the previous Commission hearing. Mr. Tice agreed with Mr. Loewenstein. MOTION: Mr. Tice moved, Ms. Washington seconded, that SP 96-33 for Nancy Porritt be recommended to the Board of Supervisors for approval subject to the following conditions: /4� % 1-28-97 2 1. Installation of entrance improvements and 100 foot taper in accordance with sketch approved by VDOT and the Acting County Engineer (received January 27, 1997) prior to commencement of the use. 2. Compliance with supplementary regulations, Section 5.1.6 of the Zoning Ordinance. 3. Health Department approval. The house used for the preschool/child care function shall not also be used as a residence. 4. Child care is limited to 9 children. Any increase will require an amendment to the special use permit. The motion passed unanimously. ZMA 96-22 RHH Development Corporation - Petition to rezone approximately 1.691 acres from R-4, Residential to CO, Commercial Office and approximately 2.774 acres from C-1 Commercial to CO, Commercial Office. Property, described as Tax Map 61 W2, Parcels 45, 46 and 47 are located on the north side of Whitewood Road/Greenbrier Drive adjacent to Wynridge and Minor Hill subdivisions in the Rio Magisterial District. This site is recommended for Neighborhood Density Residential (3-6 dwelling units per acre) in Neighborhood One. Deferred from January 7, 1997 Commission meeting. Staff requested deferral to February 18 to allow submittal and review of proffers. Public comment was invited. None was offered. MOTION: Ms. Huckle moved, Ms. Washington seconded, that ZMA 96-22 be deferred to February 18th. The motion passed unanimously. WORK SESSION Comprehensive Plan =Water Resource Section Ms. Scala summarized the proposed Water Resource Section and pointed out changes in format. She was assisted by Mr. Hirschman, who answered specific Commission questions. Commission comments included the following: Introduction: 170 1-28-97 3 11*W,,. --Mr. Tice said he liked the set of principles. --Mr. Dotson wondered if the third principle should include businesses and industry "because it's equally true that business and industry and jobs are dependent on water resources, not just residents." cm OR Public Education --Mr. Dotson suggested the addition of the Regional Sustainability Council to the Objective statement. Existing Regulations --(page 4) Mr. Dotson wondered if the reference to the Consolidated Ordinance (which is currently being considered) shouldn't be included here given the fact that the Comp Plan is a five-year document and if the Consolidated Ordinance is adopted soon, then this statement makes no sense. (Mr. Tice said the Consolidated Ordinance should at least be identified in a footnote because the four ordinances are listed.) Surface Water --Mr. Loewenstein felt the first objective should be put in place as soon as possible. The others in this section are also critically important. --Mr. Tice asked, in relation to Meadow Creek and Moore's Creek, "Are we really doing enough ... in terms of minimizing negative impacts, etc.? Shouldn't we really be looking at restoration of those areas and reparation of damages?" --(page 7: "Surface water serves many purposes...) Mr. Dotson suggested the addition of "waste water assimilation." --(Objective on page 11: "Facilitating the integration of stormwater management...") Mr. Dotson stressed he felt this was very important in taking a watershed approach. He suggested an addition, here, related to public education. Mormons River Exceptional Water Designation --Mr. Tice suggested the Rivanna River Corridor Study be changed to Rivanna River Basin Study. --Mr. Loewenstein asked if there have been discussions with the City about the Rivanna Corridor Study. Wetlands --(first paragraph) Mr. Dotson suggested the addition of adjectives such as Federal, U.S., Virginia, so as to be more specific. Best Management Practices --Mr. Dotson suggested some additiona the Ag-Stewardship Act (aka Bad Actor Law), 1997. I language (3 or 4 sentences) explaining which will become effective April 1, 171 M 1-28-97 4 --Ms. Huckle said there have been problems with the implementation of stream buffers because of a lack of personnel from the State Office of Conservation and Recreation to draw up management plans. After hearing Mr. Hirschman's description of the Bad Actor Law, she asked: "Are you saying it is probably going to get worse now because there will be more complaints but no more people?" Mr. Hirschman said there has always been technical assistance for conservation plans available through the Soil and Water Conservation Districts. The County's local Water Resources Protection Ordinance actually requires a conservation plan for agricultural land on a perennial stream in order for a buffer to be reduced to 25 feet. He said he couldn't answer Ms. Huckle's question, but feels this could provide a mechanism for the implementation of more conservation plans, especially on problem areas. The Soil and Water District will most likely be writing the plans. Ms. Huckle asked: "Is there any way you can include here, in a nice way, that they need more personnel to make these plans feasible.?" Mr. Hirschman said he feels this is probably a State -level issue unless the County is going to provide that assistance locally. Ms. Huckle noted that "people who vote read this." Mr. Benish said recommendations have been made in the past, in the Comp Plan, about the need for additional staff, but all staff can really do is identify it as an issue. Standards --(B) Referring to the part about fallen trees in streams, Mr. Tice questioned the wisdom of including something which is "a blanket encouragement to get rid of all that stuff." He recommended the deletion of the second sentence. --Mr. Dotson asked if TMDL (Total Maximum Daily Load) should be addressed in this section. He suggested language such as: "TMDL or a similar concept would be used in judging overall water quality to take account of the cumulative effects." Surface Drinking Water Watershed Management Planning Urban Raw Water Management Plan --(page 17) Ms. Huckle found the section on Chris Green Lake "confusing." She asked if the phrase "may be designated" will be changed if the Consolidated Ordinance is adopted. Mr. Hirschman replied: "That has to be a deliberate decision. In the draft ordinance, it is included, so it will become a protected watershed, if the ordinance is adopted, unless the Commission or Board say to take it out." --(page 19) Mr. Finley asked where the mussel situation is addressed. Mr. Hirschman replied: "That is part of what has to be updated." --(page 20 - Water Efficiency) - Ms. Huckle said she understands the BOCA Code now requires smaller tanks on toilets. She wondered how much research has been done because she has been told that when less water is in the tank reservoir, several flushes are required, which may result in more water being used than would have been used with the traditionally sized tanks. Mr. Tice said new technology has corrected the problem described by Ms. Huckle. /J'a on 1-28-97 --Mr. Tice said he feels the Water Efficiency section is very important and though he does not object to its being addressed in the context of the Buck Mountain Reservoir, he wanted to see it addressed "divorced" from the reservoir because "we ought to be concentrating on it regardless of the reservoir." (Mr. Hirschman suggested the title of the section might be changed to "Planning for Future Water Supply." (Ms. Huckle suggested also adding a sentence to the Education section.) --(page 20, Buck Mt. Reservoir Strategy to "Coordinate efforts...") Mr. Finley asked who is doing the coordinating. (Mr. Hirschman was uncertain.) Mr. Loewenstein said he felt this strategy needs to be articulated better, "in such a way that it has operative value." Mr. Hirschman explained the study is being sponsored by the Rivanna Water and Sewer Authority (RWSA) and they have not sought official County input other than the County Executive (Bob Tucker) serving as a member of the Board. Mr. Loewenstein said it would be helpful to include Mr. Tucker in these Commission discussions in an effort to see if the County can be more pro -active with the RWSA on this issue. Mr. Hirschman pointed out that there are a number of local groups which have been collecting data and have become experts on this topic (e.g. League of Women Voters). Staff offered to meet with Mr. Petrini and Mr. Brent (RWSA) to get a better understanding of the coordination. --Mr. Dotson suggested that a discussion of alternatives should include a sentence or two on the James River. (Mr. Hirschman suggested this could be added to the top paragraph on page 18.) Voluntary Protection Measures --(Strategy) Mr. Loewenstein suggested a more aggressive term could be used in place of "consider." --Ms. Huckle asked if "high priority BMP projects" would be defined in any way in the document. General Standards --(page 24 - "Maintain natural buffer area of at least 100 feet...") - Mr. Finley asked if this applies to agricultural activities also. Mr. Hirschman said the standards go beyond what the ordinance may require. A 100-foot setback or buffer is currently required for development on all streams. The 100-foot, does not apply to agriculture. All that applies to agriculture is a 100-foot buffer along perennial streams (which can be reduced to 25 feet with a conservation plan). --Ms. Huckle asked: "How do you define 'elimination of risk'?" General comments: --Mr. Dotson said maps would be useful for showing watersheds and different facilities and features referred to throughout the document. (Mr. Loewenstein agreed.) --Mr. Tice asked if all subheadings should have objectives, so that the document will be consistent. --Mr. Hirschman said a separate section for Agriculture and Forestry may need to be added. f 7s 1 ,$-97 2 --Ms. Huckle asked if the County has sent any requests to the General Assembly to get enabling legislation passed which would give localities authority to require conservation plans. --Mr. Tice commended staff for a "remarkable job of bringing what we had in the previous Comprehensive Plan up to the current state of knowledge." Mr. Loewenstein agreed. Public comment was invited. Ms. Katherine Hobbs, representing the League of Women Voters, addressed the Commission and read a prepared statement which is made a part of these minutes as Attachment A. Mr. Tom Olivier addressed the Commission. He stressed the importance of restoration, particularly along stream banks and of stream buffers, particularly for agricultural lands. He suggested the County should consider pursuing the permanent protection of 100,000 acres of ag/forestal land and should explore funding possibilities which would provide incentive for landowners to do this. The work session ended and a second work session was scheduled for February 11 th. ' There being no further business, the meeting adjourned at 8.45 p.m. 1 cm r V. Wayn Cilimbe ec tary