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HomeMy WebLinkAbout11 11 1997 PC MinutesM 11-11-97 NOVEMBER 11, 1997 The Albemarle County Planning Commission held a public hearing on Tuesday, November 11, 1997, in the County Office Building, Charlottesville, Virginia. Those members present were: Mr. David Tice, Vice Chairman; Mr. William Nitchmann; Ms. Hilda Lee -Washington; Ms. Babs Huckle; and Mr. William Finley. Other officials present were: Mr. David Benish, Chief of Community Development; Ms. MaryJoy Scala, Senior Planner; Mr. Eric Morrisette, Planner; and Mr. Greg Kamptner, Assistant County Attorney. Absent: Commissioners Dotson and Loewenstein. A quorum was established and the meeting was called to order by the Vice Chairman at 7:00 p.m. The minutes of October 21st and October 28th were unanimously approved as submitted. [NOTE: Some Commissioners' comments (including the Chairman and those seated to his right) are sometimes almost inaudible on this tape.] CONSENT AGENDA SUB 97-071 Michael Sprinkle - Proposal to serve a third lot from an existing access easement. Ms. Huckle asked questions about the existing gravel road. Mr. Morrisette said a small portion of the road, that which exceeds 7%, will be paved. The remainder will be gravel. Ms. Huckle wanted to be sure the road would not be moved closer to Hydraulic Road. Mr. Morrisette said it will actually be further from Hydraulic. MOTION: Ms. Washington moved, Mr. Nitchmann seconded, that the Consent Agenda be approved. The motion passed unanimously. SP 97-52 Nigel Bray - Animal Medical Center - Petition to construct a veterinary clinic on approximately 1.4 acres zoned C-1, Commercial and EC, Entrance Corridor Overlay District [22.2.2(5)]. Property described as Tax Map 78 Parcel 55D, is located on the north side of Route 250, west of and adjacent to Aunt Sarah's Pancake House in the Rivanna Magisterial District. This site is recommended for Urban Density Residential in Neighborhood 3. Mr. Benish presented the staff report. The report explained that this request was originally approved by the Board on October 4, 1995. It expired on October 7, 1997. Staff has determined that no significant changes have taken place to warrant change of the prior staff recommendation and Board action. Staff recommended approval subject to the same conditions of the original approval. 11-11-97 2 The applicant, Dr. Nigel Bray, addressed the Commission. He confirmed there have been no significant changes in the proposal since the original request. He said this site is perfectly suited for this use and it is conveniently located for most of his clientele. There being no public comment, the matter was placed before the Commission. MOTION: Ms. Washington moved, Ms. Huckle seconded, that SP 97-52 for Nigel Bray be recommended to the Board of Supervisors for approval, subject to the following conditions: 1. The final site plan shall not be submitted without County Engineer approval of a certified acoustical report confirming that noise measured at the nearest residential lot line shall not exceed 60 dba from 7 a.m. to 10 p.m. or 55 dba at all other times. Construction standards shall be stated on the final site plan. Such construction standards may include but are not limited to, building material types, location and material of doors, windows and other building openings. 2. No outdoor runs or pens. 3. Fencing and landscaping shall be provided adjacent to the Luxor development as shown on the site plan titled "Animal Medical Center" initialed WDF 8/9/95. 4. A public entrance to the animal center which is separate from entrances to other users of the building shall be provided. 5. Delineation of an exercise area on the final site plan including appropriate signage to inform the public of the intended use of the area. 6. Waiver of Section 5.1.11.b to allow structure to be located less than 200 feet from the residential lot line. The motion passed unanimously. CPA 97-04 Mill Creek Industrial Land Trust - Request to amend the Comprehensive Plan for Neighborhoods 4 and 5 to delete the future extension of the Southern Parkway which would connect 5th street and Avon Street. This area is located in Scottsville Magisterial District. The applicant was requesting indefinite deferral. Mr. Nitchmann voiced his support for a deferral so as to allow more time for citizens to comment on this request. Public comment was invited. None was offered and the matter was placed before the ,,., Commission. M 11-11-97 MOTION: Mr. Nitchmann moved, Ms. Washington seconded, that CPA 97-04 for Mill Creek Industrial Land Trust be indefinitely deferred. The motion passed unanimously. WORK SESSION CONSIDERATION OF RESOLUTIONS OF INTENT FOR... CPA 97-02 N & LLC - Request to amend the Comprehensive Plan for Neighborhood 5 to change the designation of land located in the southwest quadrant of the 5th Street/1-64 Interchange from Transitional to Regional Service. The area includes approximately 41 acres. This site is located in the Scottsville Magisterial District. CPA 97-05 Brass, Inc. - Request to amend the Comprehensive Plan for Neighborhoods 4 and 5 to change the designation of land located in the east side of 5th Street north of and adjacent to 1-64 from Industrial Service to Regional Service. The area consists of approximately 54 acres. This area is located in the Scottsville Magisterial District. Citing a potential conflict of interests, Mr. Tice excused himself from participating in the review of these items. Ms. Huckle was unanimously elected to serve as Chair for these two items. Because these properties are located in the same general area, Mr. Benish presented a combined staff report. The Commission was not taking action on the CPA's at this meeting, but rather were being asked to adopt a Resolution of Intent to study the requests further. The report concluded: "Staff opinion is that there is merit in further studying both of these requests.... Therefore, staff recommends the Commission adopt a resolution to further study CPA 97-02 and CPA 97-05." Ms. Huckle recalled that a request for a gas station in this area had been denied because of the inadequacy of the 1-64 ramps. Mr. Benish said the staff report acknowledges that the Interstate ramps will need to be upgraded. Further study of the requests will include an analysis of the impact to the roadways and the timing of improvements. Regarding traffic lights at the interchanges, staff has been working with VDOT to try to have lights included in the Six -Year Secondary Road Plan. Mr. Benish acknowledged that transportation will be an important issue in the review of these requests. Transportation is also a significant concern of the City. Staff will study both the local and regional impacts and will also consider the positive and negative factors of having commercial area here as opposed to other locations in the County. Mr. Finley asked what type of information the Fiscal Impact Model will provide. Mr. Benish said it is a tool which will allow the impact of a land use change to be evaluated, i.e. how will it impact the needs for services, what type of revenues may be generated, etc. A consultant 111 11-11-97 4 has developed the Model, which is tailored to the County's needs. Mr. Finley later asked if the consultant had trained the staff to use the model. Mr. Nitchmann said there are staff who are trained to use the model. Though not a public hearing item, public comment was invited. The applicants for CPA 97-05 Brass, Inc. proposal were present but offered no comment. Mr. Nitchmann said he supported staffs recommendation that the requests be studied further. He said it is a certainty, with the new development in this area and with the opening of the new high school next fall, this area is going to experience a lot of growth. He said this will be the first chance to use the Fiscal Impact Model. Mr. Nitchmann said he had some reservations about the N & S LLC request, but he still supported the adoption of a Resolution of Intent to study the requests further. (Note: Although Mr. Nitchmann originally said he had reservations about the Brass request, he later corrected this statement and said his reservations were about the N & S LLC request.) MOTION: Mr. Nitchmann moved, Ms. Washington seconded, that a Resolution of Intent to study CPA 97-02, N & S LLC, be adopted. The motion passed unanimously. MOTION: Mr. Nitchmann moved, Ms. Washington seconded, that a Resolution of Intent to study CPA 97-05, Brass,lnc., be adopted. The motion passed unanimously. Mr. Tice returned to the meeting and resumed the position of Chair. WORK SESSION Comprehensive Plan_- Chapter 2 Natural Environment Ms. Scala led the discussion. Three parts of Chapter Two were discussed: Water Resources (revision); Open Space and Critical Resources Plan (summary); and Biodiversity and Biological Inventory (revision). Commission questions, comments and suggestions included the following: BIODIVERSITY --(Nitchmann) - Who will pay for an inventory performed by a landowner on his own property? ANSWER: A Biodiversity Advisory Committee will be formed to oversee the inventory. (Staff did not answer the question as to whether or not a private landowner will be expected to pay for the inventory on his land.) --(Huckle) - Who will perform this inventory? Will those persons doing the inventory have access to private property? ANSWER: It will be the charge of the Advisory 11-11-97 5 Committee to "look into this inventory." There may be a need to hire a consultant to "manage the process." There are sources available, such as satellite imaging, and from Federal and State agencies, which can be used. There may be times when some "field verification" will be needed. Mr. Tice said most often a county will arrange for the Division of Natural Heritage (a state agency) to perform the inventory. It can also be done by consultants or volunteers. He said in counties where this type of inventory has been done, there has always been a strict rule that "there will be no trespass on private property." Field surveys cannot be done without the permission of the landowner. --(Finley) If an "important" habitat or species is identified, "then what?" Will developers then experience the same types of problems as with wetland protection? He said he has heard "horror stories" about restrictions on landowners related to wetlands. He said if we are all going to enjoy the benefits of protecting these areas, then we all should participate in the cost. ANSWER: Ms. Scala mentioned possible ways of protecting habitat, such as including those areas which are identified in with required open space areas in developments. Voluntary protection can be encouraged. --(Finley) What happens if an important habitat is identified in a forest area which a landowner wants to harvest? ANSWER: Ms. Scala said she could not answer the question "specifically." "It would be an area you would want to protect, but whether or not it's possible in every case, I would not think it is. The idea is to identify the areas and then try to protect them, and it may not work in every case." --(Nitchmann) He expressed concerns about this idea turning eventually into another "overlay" which will restrict landowners' rights. He quoted from the proposed language: "The Committee should develop procedure for interpretation of data from an inventory and establish criteria for an area to be designated a Biological Resources Area suitable for long term protection..." (Note: Mr. Nitchmann emphasized those words which are in bold type.) He said he interprets this as meaning "you are going to develop procedures and criteria to designate an area as a biological resources area and then you are going to come up with some way to protect those areas." He said staff does not seem to be able to answer questions raised about alternatives to the landowner, yet is proposing to go forward with this "without looking down the road five or six years." He said once an idea "starts rolling, it is very difficult to stop." Staff described this Section as a "first step --an effort to educate people about biodiversity." Other localities are taking similar steps. This is not an entirely new concept. It was also identified in the Open Space Plan. "The idea is to identify the areas and then to proceed step-by-step." No protection measures are proposed at this time other than to initiate the idea and put it in the Plan. Mr. Tice said he thinks some "scare" issues are being raised which are not valid. He said he would agree with the concerns if this were a new idea which has never been tried. But the fact is the State of Virginia has had a Biological Inventory system staffed and in place for almost 15 years and a number of counties in the State have already implemented these programs. The success stories have far outweighed the bad experiences. The number of cases where conflicts have arisen are almost non-existent. He felt the potential risks are being blown out of proportion. S 11-11-97 6 Mr. Finley said if there are several of the programs already working effectively, then the answers to these questions must already be known. Mr. Tice agreed that many of the answers are known. Mr. Nitchmann said he would like to review some of the cases, both the success stories and the problems. He asked about the few cases where they have been problems: "What happens if you have that 1 % of property that is negatively impacted and it is your piece of property?" He said he would view this differently if there is documented evidence that no one has suffered any losses and everyone is enjoying the benefits and willing to pay their fair share. He said the world goes through a natural evolution process and it is not possible to save everything. Ms. Huckle thought it would be helpful to look at the experience of other counties. Mr. Finley said he would like a better understanding of how an inventory will work, from beginning to end, and "how will it effect the man on Main Street, as well as the landowner on the site." Staff said they will review the proposed section and try to determine which language might lead to the mis- interpretation that regulations and restrictions are going to be implemented as a result of this inventory. Mr. Benish again emphasized that it was not staffs intent that this would be a two-step process --an inventory followed by measures for protection. Rather, the focus is to educate the public and to establish and find out what is happening. (Mr. Nitchmann left the meeting at 8:20.) Public comment was invited. Mr. Tom Olivier, President of Citizens for Albemarle, addressed the Commission. He reported on the status of the availability of the Virginia GAP Analysis Projects -Land Cover Classification; introduced Ms. Wendy McIntire, a grad student in Environmental Sciences at UVA, who is working on a dissertation project highly relevant to a biological inventory of Albemarle County; and commented on staffs proposed Biodiversity Section. Comments about the Section were as follows: --"The objectives should include the maintenance or restoration of representative local ecological communities and protection of eco-systems that provide essential services to man." For clarification, he said this does not mean that all examples of eco-systems should be maintained because that is impossible when land is converted to other uses. "But we would like to see functioning examples of systems which have occurred here in the past maintained." --"We think the biological resource database should be integrated with the Planning Department's GIS system in a way that facilitates assessment of the biological impacts of conversions of lands from open spaces to more intensive uses." -"We suggest the biological advisory committee should be a standing committee and should work with staff on biod i versity- related issues and should periodically report to the NMOO Board of Supervisors on the state of our biological resources." --"We suggest that the Committee not be limited to professional environmentalists. It should not be simply an expert committee. There are many naturalists here --many old- 11-11-97 7 timers --who know an enormous amount about the distribution of plant and animal communities already." -"We suggest that the Committee, as part of its charge, ... might be developing a more specific plan for execution and a proposal for a budget which could be taken to the Board of Supervisors." --"We believe Albemarle County should take the lead in developing an inventory of its biological resources. By initiating an inventory, we believe the county would serve as a catalyst for the conduct of inventories in adjoining localities, (but) we do not believe Albemarle's inventory should be dependent on, or postponed until, adjoining counties agree to inventory their resources." --An advantage of doing this inventory at this time is "if a Purchase of Development Rights program is established, one would have some rational basis for trying to identify what sections of the County truly are rich in biological resources...." --On the issue of potential negative impact, he felt this could only happen in a case where they may be "a very clear and serious need." --He felt this inventory "could add a dimension to our Overlay districts." Mr. Mellon, a Professor in the Biology Department at UVA, pointed out that a consequence of development is the fragmentation of forest habitats and the resulting negative impact on eco-systems. One clear measure of a healthy eco-system is the diversity of native bird species. This area has annual records of native bird populations back at least as far as the 1880's. The county has, in its GIS technology, the data for forest cover dating back 60 years. These biological databases will form the basis for Ms. McIntire's dissertation. He then introduced Ms. McIntire who briefly described her topic. Staff was to revise the proposed section, gather more information, and then schedule another work session. WATER RESOURCES SECTION Ms. Scala asked for Commission comment on the underlined sections or on the "Recreational Use of Water Supply Areas," which is a new section. --(Huckle - pg. 4) She asked if the County does or does not have the authority to require verification of water quantity for new development, as stated here. When she has asked this question in the past she has been told that it does not. ANSWER: Mr. Kamptner said the Attorney General has determined that counties "do have the authority to require water quality and quantity testing as part of the subdivision process." --(Huckle - pg. 17) She asked about the status of the Sugar Hollow Dam. She has been told that the dam failed its last 2 structural inspections. ANSWER: Staff had no knowledge of this information but said they would look into it. --(Huckle - pgs. 23, 24 ) Referring to the statements: "...The North Fork Rivanna watershed is not currently subject to the runoff control ordinance" and "...Chris Greene's watershed should be protected by the regulatory means used to protect other drinking water reservoirs in the County", she asked "When this new Water Ordinance is passed, will both of these things then be true?" ANSWER: Mr. Kamptner asked staff exactly what was meant by 11 11-11-97 the "runoff control ordinance." Ms. Scala answered: "The Runoff Control Ordinance will be replaced by the comprehensive Water Ordinance." Mr. Kamptner asked: "Which part of the Water Ordinance are you referring to there?" Ms. Scala said she believes this refers to requiring detention for water quality, which is required by runoff control currently if a certain percentage of the site is covered. She said she would check on these two statements and make sure there are clear. (Mr. Tice pointed out a related statement in the first strategy on page 24.) --(Huckle - pg. 26 - Strategy near bottom of page) She thought this could be more clearly stated. --(Finley - pg. 4) - He questioned the meaning of the description: "Lead for future water supply permitting and development" for the RWSA. He asked who else is involved and who makes the final decision. Are there elected officials involved in the final decision - making process? ANSWER: The Board for the RWSA makes the decision. Their Board consists of representatives from the City and County, including the County Executive and the City Manager. Mr. Benish was not sure whether there are elected officials on the RWSA Board. Staff agreed this should be made clearer. --(Finley - pg. 21, next to last paragraph) He questioned whether the figure quoted, taken from the report prepared in 1982, is still accurate, given today's land values. ANSWER: Ms. Scala said the land has already been purchased. Mr. Finley said there are still some properties which have not been acquired. He also asked who makes the final decision as to which alternative, as identified by the consultant, is finally selected for a water supply. ANSWER: The RWSA would be the lead agency. They are the authority responsible. Mr. Finley was concerned because when this land was being purchased, citizens who were approached did not know "who to turn to" for advice. He suggested this document should "identify the lines of authority" who are ultimately responsible for making a major decision regarding water supply. ANSWER: Mr. Benish said he would make sure this is clearer, possibly by reference to the Land Use Section, where it is covered more fully. --(Tice - pg. 25, last sentence in the second paragraph, beginning "In addition...") He disagreed with this sentence. He did not think the sentence was important and suggested that it be deleted. OPEN SPACE SECTION --(Tice - pg. 7) - Referring to the "Note" after Objectives and Strategies, he said he realized this was included for explanation and was not intended to be in the final document. However, he suggested it would be helpful to retain it, with the wording changed slightly. There were no further comments on this section. Public comment was invited. None was offered. Staff reviewed the upcoming topics for work sessions. I 11-11-97 9 Mr. Finley thought it was important that there be a section on Sustainability. He said when Sustainability began the primary goal was to control urban sprawl. He felt it was very important to address this issue. Mr. Tice announced an Urban Land Institute conference to be held December 2-4 in Baltimore. The topic will be "Partners for Smart Growth." There being no further business, the meeting adjourned at 9:10 p.m. V. Way , Cilimber Se r tary DB Eq