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le r�iU i ia� iC %a L r iai a I iy %_J i u i u�s1 i 11Ciu a Nuuul I iCai n iy un Tuesday, February 2 ,
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. Wayne Cilimberg, Director of Planning and Community Development; Mr.
John Shepherd, Planner; Mr. Bill Fritz, Senior Planner; Ms. MaryJoy Scala, Senior Planner;
Ms. Elaine Echols, Planner; Ms. Susan Thomas, Planner; Mr. Greg Kamptner, Assistant
County Attorney; and Mr. Pete Anderson, UVA Representative. Absent: Commissioner
Nitchmann.
The meeting was called to order at 7:00 p.m. and a quorum was established. The minutes
of February 11, 1997 were unanimously approved as amended.
Mr. Cilimberg summarized actions taken by the Board of Supervisors at the February 19th
meeting.
[NOTE: Due to problems with the recording equipment the tape of this meeting was
almost inaudible until about 8:15 p.m. The transcription which appears for the first
item is taken almost entirely from the Recording Secretary's notes.]
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 February 18, 1997 Commission meeting.
Ms. Scala presented the staff report. She said staff investigated the downstream drainage
problems and it is their position that this is an existing problem and does not justify the
requirement for this applicant to make off -site improvements. Staff recommended approval
of the request subject to acceptance of the applicant's proffers.
The applicant was represented by Mr. Bob Hauser. Mr. Hauser read a prepared statement
which is made a part of this record as Attachment A. Mr. Hauser pointed out that an
attempt had been made several years ago to correct drainage problems but because several
property owners were not willing to give easements across their properties, those
improvements could not be installed.
Ms. Huckle asked if Mr. Hauser was willing to proffer the buildings which were depicted in
the drawings which he had presented at a previous hearing. Mr. Hauser said he had been
advised "by staff and others" that he should not be too specific at this point. He pointed out
that the drawings are not final architectural designs. He said, however, he would be willing
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to proffer the type of materials and the general design of the buildings, if staff could suggest
some language. [NOTE: The action on this item did not include such a proffer.]
Referring to a statement in a letter written by a resident of the neighborhood (dated 10/28),
Ms. Huckle asked Mr. Hauser why this property is now developable when it was thought not
to be developable, because of drainage problems, previously. Mr. Hauser said the property
has always been developable from the Greenbrier side, but not from the Wynridge side. He
said he was confident the site could be developed so as to meet County requirements for
drainage and erosion control.
Public comment was invited.
Ms. Mary Morris, President of Minor Hill Manor Homes, addressed the Commission. She
described severe drainage problems which she experiences on her property. Her statement
is made a part of this record as Attachment B. She asked that the proposal be denied. It
was her organization's suggestion that this property be used in its existing state for parking
for Whitewood Park. Ms. Morris said one of her neighbors had 6 feet of water in
her home during one storm.
Ms. Mary Bryant, Vice President of Minor Hill Homeowners' Association, described existing
drainage and runoff problems. She said there is a lot of apprehension among the residents
of these neighborhoods as to how this proposed development will impact these existing
problems.
,%,. There being no further public comment, the matter was placed before the Commission.
Mr. Jack Kelsey, Acting County Engineer, answered Commission questions about the
drainage concerns identified by the public. He described various possible solutions which
have been considered and the associated costs. He estimated it would cost $28,000 to
install a pipe to move the upstream drainage through these properties, and though that is a
big part of the problem, it is not the whole problem. Piping would involve easements across
a number of parcels and that is not the responsibility of this developer. Ms. Huckle asked if
a pipe would cause problems somewhere else downstream. Mr. Kelsey said he did not think
so. He said improvements to correct the existing problems would have to be on a cost -
share basis. This applicant cannot be required to bear the cost of correcting existing
problems. He said the additional impervious cover which will be a part of this proposed
project will not be significant. Mr. Kelsey was asked if the recent decision not to construction
the Greenbrier Extension has any impact on the drainage situation. Mr. Kelsey responded
affirmatively saying that project would have diverted some of the water to the Birnam basin.
Mr. Finley asked if the runoff control measures for this project will go beyond fixing the
"broken" drainage pipe. Mr. Kelsey said the applicant will be required to provide detention
for a 10-year storm event and a drainage plan will have to be approved before construction
can begin. However, he said that the runoff from the more frequent storms-- a 2-3 year
storm --will probably be greater. Mr. Tice asked if by -right development of the property could
make the drainage problems worse. Mr. Kelsey responded affirmatively saying that by -right
development could result in more impervious surface. Ms. Huckle asked if the installation of
S�w a drain (i.e. a grate in place of a manhole cover) would solve the problem. Mr. Kelsey said a
grate might fix a local problem at one spot but would not cure the bigger problem. He said
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the County has not been actively working on this problem because it had not heard much
about it until this request was submitted. In conclusion, Mr. Kelsey said this is a very
difficult problem to deal with and he does not have a long-term solution.
Mr. Cilimberg summarized staffs position and explained that this is an existing drainage
problem within a larger drainage basin. By -right development of this site could have at least
an equal, and possibly a greater, downstream impact. This applicant has proffered $3,000 to
help correct the situation, but that won't solve the problem. This rezoning does not offer a
solution, but it has identified the problem.
Mr. Dotson said he would like to see the larger drainage problem "put back on the priority
project list of the Engineering Department." He said it sounds like there may be a solution if
the property owners understand that they must participate --"there cannot be a solution
without owner participation." He said it sounds like property owners have already spent a
great deal of money individually, and if they can pool that in some type of cost -share
arrangement, then a solution can be found. He said he feels the applicant is "doing the best
that we can expect at this point." He concluded: "I favor moving forward to the Board, but
would like the Board to weigh-in in terms of resolving the drainage problem as well."
Ms. Huckle said she had been favorably impressed by this project when it first came before
the Commission, but that was before she learned of the drainage problems. She felt this
rezoning should not take place until a solution has been found. She felt delaying action on
the rezoning request could be motivation for the applicant to work harder to find a solution.
Mr. Finley said he was favorably impressed with the proposal and the proffers which were
discussed previously have been presented. The applicant has also met with the neighbors,
as was suggested by the Commission. He agreed with Mr. Dotson that this rezoning should
not be held hostage to the drainage problem, but he felt it should be made clear to staff that
the existing drainage problem should be an immediate priority so when the runoff control
plan for this development is presented there will be some idea as to the direction to go in
solving the problem.
Mr. Tice said he has been wrestling with this issue, and after a thorough analysis, which
included several visits to the site, he feels this proposal is preferable to what could be placed
on the property by -right.
MOTION: Mr. Tice moved, Mr. Dotson seconded, that ZMA 96-22 for RHH Development
Corporation, be recommended to the Board of Supervisors for approval subject to
acceptance of the applicant's proffers and with a recommendation that the Board of
Supervisors move forward to find a solution for the existing drainage problems in the Minor
Hill/Wynridge neighborhood.
Ms. Huckle asked if the motion included the anticipation of a proffer related to building
materials and design, as offered by the applicant earlier in the meeting. Mr. Tice said he
was satisfied with the proffers which the applicant has presented, i.e. one level visible from
Greenbrier Drive and not more than two levels visible from adjacent residential properties, a
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maximum roof pitch of 6:12, and limits on total space. He said he could understand the
applicant's concern with regard to the final architectural design.
The motion passed (5:1) with Commissioner Huckle casting the dissenting vote.
For the Commission's information, Mr. Hauser pointed out that when the original engineering
calculations were done for this neighborhood the "assumptions" which had to be made were
based on the complete construction of Greenbrier Drive, in its entirety. Thus, with the
changes in plans for Greenbrier Drive, many of the assumptions were wrong, making many
of the drainage devices and drainage assumptions "wrong." He concluded: "In this case
there was an error made, and it was compounded by people's desire for flat yards and play
areas.... But I do not think it is a problem with duplex or attached dwellings in general." He
feels this is an isolated problem.
SDP 96-126 Fried Family Farm Site Plan Waiver Request - Proposal to construct two
additional dwellings for a total of four dwellings on one parcel. Property, described as Tax
Map 14, Parcel 4, containing 318.2 acres is located on the south side of Route 765 (Walnut
Level Road) approximately .6 mile from Route 608 (Batten Road). The property is zoned RA
in the White Hall Magisterial District.
Mr. Shepherd presented the staff report. Staff recommended approval of the waiver request,
subject to conditions.
The applicant was represented by Mr. Paul St. Pierre. He said the owners wish to build a
main, permanent dwelling and a guest house.
There being no public comment, the matter was placed before the Commission.
MOTION: Mr. Dotson moved, Ms. Huckle seconded, that the Fried Family Farm Site Plan
Waiver Request be approved subject to the following conditions:
No building permit shall be issued until the following conditions have been met:
1. The portions of the road serving 3 - 5 dwellings will require the following:
a. A minimum 14' road width with 4' shoulders. A minimum surface of 6" aggregate
base (#25 or #26) will also be required. Provide a proposed typical sketch plan that meets
these requirements.
b. The sections of road that cross existing culverts and are unable to maintain the
road and shoulder widths must provide a guardrail barrier over the culvert. A detail showing
the construction of the guardrail must be provided for Engineering approval.
2. Albemarle County Engineering approval of the Sediment and Erosion Control Plan, if land
disturbing activity exceeds 10,000 square feet.
The motion passed unanimously.
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ZMA 96-17 Mechums River Land Trust - Petition to rezone approximately 57 acres from RA,
Rural Areas (and EC, Entrance Corridor), to R-4, Residential (and EC). Property, described
as Tax Map 57, Parcel 29 and Tax Map 57A, Parcel A (part) is located immediately east of
the Highlands at Mechums River residential development along the south side of Route 240
in the Crozet area, in the White Hall Magisterial District. The property is on the edge of the
Crozet Community, with designation as Development Area for the portion of the property
which may be within the Lickinghole Creek Regional Sedimentation Basin drainage area.
The applicant was requesting deferral to March 4, 1997.
Public comment was invited. None was offered.
MOTION: Ms. Huckle moved, Ms. Washington seconded, that ZMA 96-17 be deferred to
March 4, 1997. The motion passed unanimously.
SP 96-52 Hurt Investment Corporation / Northside Daycare Center - Proposal to establish a
Daycare Center on 1.7 acres zoned R-1, Residential [13.2.2(7)]. Property, described as Tax
Map 32, Parcel 36G, is located in the southeast corner of the intersection of Worth Crossing
and Proffit Road in the Rivanna Magisterial District. This site is located in the Community of
Hollymead and is recommended for Transitional Use.
Ms. Thomas presented the staff report. Staff recommended approval subject to conditions.
The applicant was represented by Mr. Steve Melton. He said the applicant is in agreement
with the staff report. He said the existing commercial entrance will serve both the church
and the day care center. He noted that a bike path is proposed to extend to Rt. 29. He
confirmed that the day care facility has offered to share its parking area with the church on
weekends.
Mr. Bill Templeton, Pastor of the Northside Christian Church, said that most of the children
who will attend the day care facility will come from the immediate area.
There being no public comment, the matter was placed before the Commission.
Mr. Finley said he supported staffs recommendation.
MOTION: Mr. Finley moved, Mr. Tice seconded, that SP 96-52 for Hurt Investment /
Northside Daycare Center be recommended to the Board of Supervisors for approval subject
to the following conditions:
1. Compliance with Section 5.1.6 of the Zoning Ordinance:
a. No such use shall operate without any required licensure by the Virginia
Department of Welfare as a child care center. It shall be the responsibility of the
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owner/operator to transmit to the zoning administrator a copy of the original license and all
renewals thereafter and to notify the zoning administrator of any license expiration,
suspension, or revocation within three (3) days of such event. Failure to do so shall be
deemed willful noncompliance with the provisions of this ordinance.
b. Periodic inspection of the premises shall be made by the Albemarle County fire
official at his discretion. Failure to promptly admit the fire official for such inspection shall be
deemed willful noncompliance with the provisions of this ordinance.
c. These provisions are supplementary and nothing stated herein shall be deemed to
preclude application of the requirements of the Virginia Department of Welfare, Virginia
Department of Health, Virginia State Fire Marshal, or any other local, state or federal agency.
2. Site shall be developed in general accordance with the site plan prepared by W. Aubrey
Hoffman & Associates, Ltd. dated December 10, 1996, and revised January 27, 1997.
3. Maximum enrollment shall not exceed ninety (90) students or such lesser number as may
be approved by the Health Department; additional enrollment shall require amendment to
the special permit.
The motion passed unanimously.
SP-96-53 University of Virginia Real Estate Foundation Birdwood - Proposal to obtain a
special use permit for the existing golf course to allow expansion of the facilities [13.2.2(4)].
Property, described as Tax Map 75, Parcels 63 and 63A, consist of approximately 530 acres
zoned R-1, Residential. This is the site of the existing Birdwood Golf Course. This site is
located in Neighborhood 6 and is recommended for public/semi-public use.
Ms. Echols presented the staff report. Staff recommended approval subject to conditions.
Mr. Tice said he had visited the site and though it appears to be well managed in terms of
runoff, he said there are a few places where there could be "potential" water quality
problems, e.g. fertilizers are being applied right up to the edge of the ponds. Though the
runoff from the site seems to be well managed now, with an Integrated Pest Management
Plan in place, etc., he was concerned because there is no guarantee the same management
will continue into the future if the owner of the property should change. He suggested the
addition of a condition as follows: "Continued implementation of Integrated Pest
Management and Nutrient Management Programs to reduce adverse water quality impacts."
No opposition was expressed to Mr. Tice's suggested condition. Noting that staff is not too
familiar with the existing Pest and Nutrient Management programs, Mr. Cilimberg said:
"(Because this is an existing situation) maintenance of that means maintenance of whatever
they have to the degree we understand that and it probably is going to have to be self -
enforcing." Mr. Tice said he was aware of the enforcement issue, but adding this condition
will offer some measure of assurance that an IPM program is in place.
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The applicant was represented by Mr. Tim Rose. He said the applicant contacted all the
residents of Bellair and Ednam to try to identify any concerns. (One concern raised by a
property owner about drainage onto his property is being addressed.) Regarding the
entrances, he said he has asked to be included in Supervisor Thomas' committee which is
working with VDOT on the re -engineering of the Rt. 250 West corridor. He concluded:
"Long term, I don't think the University is going to be opposed to correcting that (but)
addressing it for this special use permit was tricky."
Mr. Rose said he would not be opposed to Mr. Tice's recommended third condition because
"we would do it anyway --it is not an additional burden to us." He asked, however, if this
would just be applied to this golf course, or would it be required of all golf courses and all
heavy fertilizer users." Mr. Tice said IPM programs are now widespread in the golf course
industry, so it is becoming a normal practice.
There being no public comment, the matter was placed before the Commission.
MOTION: Mr. Tice moved, Mr. Dotson seconded, that SP 96-53 for University of Virginia
Real Estate Foundation be recommended to the Board of Supervisors for approval subject to
the following conditions:
1. Approval is for the existing golf course facility (including buildings, parking, and all site
improvements) and the building enclosure/addition only. Any new construction, other than
minor changes (such as additional practice tees, modifications of greens and other changes
that do not require a site plan) to the existing buildings and site, and any expansion outside
of the current boundaries of the existing golf course would require an amended special use
permit.
2. A field verified plan of the golf course be provided by the applicant showing the location
of buildings, drives, parking lots and other constructed improvements. This field verified plan
or "as -built" plan should be provided in conjunction with the Birdwood/Faulconer
Neighborhood Plan which is part of the Area B Study.
3. Continued implementation of Integrated Pest Management / Nutrient Management Plan to
reduce adverse water quality impacts.
The motion passed unanimously.
SP 96-55 Robert Colley - Proposal to establish a commercial recreation establishment on 0.4
acres zoned C-1, Commercial [22.2.2(1)]. Property, described as Tax Map 61 W, Section
1, Block A, Parcel 2, is located on the south side of Westfield Road just west of Route 29 in
the Rio Magisterial District. [This is the former location of Holiday Health Club.] This site is
located in Neighborhood 1 and is recommended for Regional Service.
Mr. Fritz presented the staff report. Staff recommended approval subject to conditions.
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Mr. Dotson asked if there is adequate parking. Mr. Fritz said the Zoning Department did not
identify any parking deficiencies.
The applicant, Mr. Bob Colley, offered to answer Commission questions. He explained the
laser -tag game and described the physical aspects of the facility. He envisioned hours of
operation as 5 p.m. to 10 p.m. on school days and possibly 5 p.m. to midnight or 1 a.m. on
Friday and Saturday nights. He stressed this will be a "substance free" facility.
Expressing concern about the message that this type of activity sends to very young
children, Ms. Huckle hoped some sort of penalty could be added to the game which would
make youngsters realize that getting shot, or shooting someone else, has consequences
which are far more serious than this game leads them to believe.
There being no public comment, the matter was placed before the Commission.
MOTION: Mr. Tice moved, Ms. Washington seconded, that SP 96-55 for Robert Colley be
recommended to the Board of Supervisors for approval subject to the following conditions:
1. Use shall be limited to indoor activities only.
2. No sale of alcohol shall be permitted.
The motion passed unanimously.
There being no further business, the meeting adjourned at 9:20 p.m.
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