HomeMy WebLinkAbout12 17 1996 PC Minutes12-17-96
DECEMBER 17, 1996
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The Albemarle County Planning Commission held a public hearing on Tuesday,
December 17, 1996, in the County Office Building, Charlottesville, Virginia. Those
members present were: Mr. William Nitchmann, Chairman; Mr. Bruce Dotson, Vice
Chairman; Mr. Jared Loewenstein; Ms. Hilda Lee -Washington; -Ms. Babs Huckle; and
Mr. William Finley. Other officials present were: Mr. Wayne Cilimberg, Director of
Planning and Community Development; Mr. David Benish, Chief of Community
Development; Mr. Bill Fritz, Senior Planner; Ms. Claudia Paine, Senior Planner; Ms.
MaryJoy Scala, Senior Planner; Mr. Juan Wade, Transportation Planner; Mr. Greg
Kamptner, Assistant County Attorney; and Mr. Pete Anderson, UVA Representative.
Absent: Commissioner Tice.
The meeting was called to order at 7.00 p.m. and a quorum was established. The
minutes of December 3, 1996, were unanimously approved as submitted.
Mr. Cilimberg briefly summarized actions taken at the December 11th Board of
Supervisors meeting.
CONSENT AGENDA - UVA Healthsouth Preliminary Site Plan - Waiver Request -
Request for waiver for the number of loading dock spaces. Property, described as
Tax Map 76, Parcels 17B and 17B1, is the location of the Fontaine Research Park
located on the south side of Fontaine Avenue in the Samuel Miller District. This site is
recommended for Community Service in Neighborhood 6.
Mr. Dotson asked if the applicant's justification for the waiver had been based on
figures provided on a comparable facility (located elsewhere) which showed that the
volume of trucks and loading space needed suggested a reduced number. Mr.
Cilimberg responded affirmatively.
MOTION: Mr. Dotson moved, Ms. Washington seconded, that the Consent Agenda
be approved. The motion passed unanimously.
SDP 96-114 Mallside Forest Apartments - Proposal to construct 32 one -bedroom,
68 two -bedroom, and 60 three -bedroom units on approximately 12 acres zoned R-15,
Residential. Property, described as Tax Map 61, Parcel 124E (part), is located at the
end of Putt Putt Lane, on the north side of East Rio Road, in the Charlottesville
Magisterial District. This site is recommended for Urban Density Residential (6.01-34
dwelling units per acre) in Neighborhood 2.
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Ms. Paine presented the staff report and distributed to Commissioners a copy of a
letter just received by staff from a neighboring property owner in the Raintree
Subdivision. Staff recommended approval of the proposal and approval of a waiver to
allow parking greater than 100' from the entrance to the residential structure it serves.
Ms. Paine added the following two conditions to those which were already included in
the staff report:
1 (n) - Staff approval of entrance configuration off of the 61-foot wide private
access easement. If the applicant is unable to obtain an agreement with the owners
of Rio Hills Apartments for a shared entrance as shown on the plan dated 12/11/96,
the plan will be revised to show a non -shared entrance in general accord with the
entrance shown on the plan submitted on 10/28/96.
1 (o) - Albemarle County Engineering Department approval of ADT traffic
volumes for Rio Hills Apartments and Mallside Forest development, and submittal of
1996 Flexible Pavement Design Worksheet.
In response to Mr. Dotson's question about density, staff explained the density is 18
units/per acre over the developed area. Mr. Cilimberg added this is the "net" density;
some of the acreage is not being developed.
Mr. Dotson asked about the plans for the area between the single family dwellings and
this development. Ms. Paine said the Raintree Homeowners' Association owns the
open space. "Anything beyond the red line (the property line for this development) on
the Raintree side is part of open space that is jointly owned."
Ms. Huckle asked about the steep area adjacent to the creek, i.e. is it designated as
open space? Ms. Paine said at the time of final site plan review, the developer will be
required to show that the existing tree line will remain. Also, no grading is shown in
that area and the site has been designed so that critical slopes will not be disturbed.
Ms. Huckle asked if this should be a condition of approval. Ms. Paine said a condition
is not needed because if it is not shown on the site plan, "they can't do it." Mr.
Cilimberg added that Mr. Shaw will review the grading plan and will ensure that it is
consistent with the site plan. He would not approve a grading plan which goes
beyond what is shown on the site plan.
The applicant was represented by Hunter Borne. He summarized the developer's
credentials (Four Property Company). He said the property is designed to serve
"households at 60% of median income" and will be an asset to the County's supply of
affordable housing.
Noting that recreational facilities are provided in the project, Ms. Huckle asked if any
other playing fields were considered, such as baseball or soccer fields. Mr. Borne
*4awl said ample entertainment areas have been provided and to expand those further
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would be counterproductive to the preservation of the buffers between adjoining
neighborhoods.
Public comment was invited.
Mr. Douglas Moore, a neighboring property owner, expressed concern about additional
traffic onto Putt Putt Lane which exits onto Rio Road. He said this is already a
seriously congested intersection. He asked for a clarification as to which treeline will
be maintained. He expressed concern about the impact to Woodbrook Elementary
and Sutherland Middle Schools. Lastly, Mr. Moore expressed concerns about noise
and light pollution.
Ms. Pam McMadison, manager of Rio Hills Apartments, expressed the belief that there
is no need for an additional apartment community in the County. She said there is a
need for additional subsidized housing (Section Vill), but not for "tax credit" housing.
Ms. McMadison cited occupancy figures which she felt supported her belief that this
type of housing is not needed.
Addressing Ms. McMadison's comments, Mr. Nitchmann said this development could,
by creating competition, help to reduce rents, which would be of benefit to low income
families. He expressed an appreciation for the information offered by Ms. McMadison,
but said he did not feel it was within the Commission's, or Board's, power to protect a
business from competition.
There being no further comment, the matter was placed before the Commission.
Addressing Mr. Moore's comments, Mr. Nitchmann said a lighting ordinance is
currently in the making which will ensure that lighting is less intrusive than it has been
in the past. Regarding noise, he pointed out that this is a highly commercial area and
there is very little the Commission can do in that regard. Regarding traffic, Ms. Paine
said VDOT is currently reviewing the traffic situation to see if traffic counts are such
that a traffic light is warranted. If that is the case, this development will be required to
participate in a maintenance agreement, which is already in place between Mr. Lloyd
Wood and Rio Hills Apartments, to provide that traffic light.
Ms. Huckle asked where an alternative entrance will be located if a shared entrance
cannot be negotiated. Using one of the site drawings on display, Ms. Paine pointed
out the location of an alternative entrance.
Regarding the concern about school impact, Mr. Finley asked staff if school impact is
considered as part of staffs review. Mr. Cilimberg said staff works with the education
staff annually regarding potential development projects which will impact schools. He
said he could not say definitively the extent to which this particular development was
factored into the enrollment projections, but "it has been accounted for."
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Mr. Finley asked if the school bus goes down this road. The manager of the Rio Hills
Apartments responded affirmatively. The bus travels down Putt Putt Lane and onto
Rio Hills Drive.
In response to Mr. Dotson's request, the applicant's engineer, Mr. Mark Keller, pointed
out the location of the 25 spaces which are farther than 100 feet from the structure
(those for which the waiver is needed). In addition, Mr. Keller said no areas which are
not graded will be cleared and no critical slope areas are to be graded. He said 8
acres of the 11.6 acre site will be graded.
Ms. Huckle asked if any "dropoff' parking spaces are provided or are any spaces
reserved for emergency vehicles? Mr. Keller said no "stag i ng/d ropoff ' spaces are
provided. The type of parking provided is the same as for every other apartment
complex in the County and meets the requirements of the Ordinance. He noted,
however, that there are areas adjacent to handicapped parking spaces which could
possibly be used by emergency vehicles.
Mr. Dotson asked Mr. Keller to explain his suggestion that the 100 foot limitation for
parking should be reconsidered as densities increase. Mr. Keller explained his
suggestion in some detail, concluding: "As progress continues and we make better
use of the land, we're going to have to expect that either we are going to have parking
all the way around the building --just so parking is right adjacent to it and within a 100
foot radius --but we are going to have to relax the standards for more dense
development, or structure the parking on levels." Mr. Dotson suggested this issue
should be studied during the discussions of the development area initiatives.
Ms. Huckle said this is the type of issue the Commission will be faced with more and
more in relation to infill development and the development of difficult sites. She felt
the design was a good one, though she expressed surprise at the amount of grading
which will take place.
Mr. Dotson said he feels this is a project which carries out the intent of the
Comprehensive Plan.
MOTION: Mr. Dotson moved, Mr. Loewenstein seconded, that SDP 96-114 for
Mallside Forest Apartments be approved subject to the following conditions, and that a
waiver for Section 4.12.3.4(a) be granted to allow parking further than 100 feet from
the entrance of the dwelling.
1. The Planning Department shall not accept submittal of the final site plan for
signature until tentative approvals for the following conditions are obtained. The final
plan shall not be signed until the following conditions are met:
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a. Albemarle County Engineering Department approval of references to the
adjacent developments on the vicinity sketch on Sheet 1.
b. Albemarle County Engineering Department approval of drainage easements
over existing streams as shown on attachment to memorandum from Andre Williams
to Claudia Paine, dated December 10, 1996, regarding Mallside Forest Apts -
Preliminary Site Plan (SDP 96-114).
c. The plans shall be sealed by an architect, professional engineer, land
surveyor with 3(b) license, or landscape architect licensed to practice in the
Commonwealth of Virginia.
d. Albemarle County Engineering approval of grading and drainage plans and
computations.
e. Staff approval of relocation of dumpster pad and 2 parking spaces currently
located with the access easement.
f. VDOT approval of plans and drainage computations.
g. Albemarle County Engineering Department approval of stormwater detention
plans and computations and receipt of copies and proof of recordation of a standard
County Stormwater Management (BMP Facilities maintenance Agreement).
h. Albemarle County Engineering Department approval of an Erosion and
Sediment Control Plan.
i. Albemarle County Service Authority approval of final construction drawings
for water and sewer.
j. Building Official approval of barrier -free parking space located at the
clubhouse.
k. Building Official approval of calculations to determine how many ground floor
apartments are to be adaptable for barrier -free design and location of same.
I. Planning Department approval of Landscape Plan.
m. Planning Department approval of subdivision plat to modify lines as shown
on the site plan and approval of document granting easement for 30' access road to
residue to the north.
n. Staff approval of entrance configuration off of the 61-foot wide private
access easement. If the applicant is unable to obtain an agreement with the owners
of Rio Hills Apartments for a shared entrance as shown on the plan dated 12/11/96,
the plan will be revised to show a non -shared entrance in general accord with the
entrance shown in the plan submitted on 10/28/96.
o. Albemarle County Engineering Department approval of ADT traffic volumes
for Rio Hills Apartments and Mallside Forest development, and submittal of 1996
Flexible Pavement Design Worksheet.
The motion passed unanimously.
SP-96-40 Angus and Brenda Arrington - Petition to establish a home occupation
class B on 4.68 acres zoned RA, Rural Areas. Property, described as Tax 80, Parcel
74C, is located off Route 842 in the Rivanna Magisterial District. This area is not in a
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designated Development Area (Rural Area 2). Deferred from the November 19, 1996
Commission Meeting.
Mr. Wade presented the staff report. He distributed to Commissioners a copy of a
letter of support for the petition. Staff was recommending denial of the request for the
following reasons:
--Noise associated with starting of equipment during routine maintenance;
--Generation of additional traffic and type of traffic (trucks with trailers as
opposed to strictly residential traffic on an unpaved road);
--Previous denial by the Board of Supervisors of a Class B Occupation (a VCR
repair service) on adjacent land due to traffic concerns. (A main concern of the Board
at that time was the additional traffic on an unpaved road.)
The staff report explained that if the Commission recommends approval of the permit,
a waiver of Section 5.2.2.1(a) will be needed to permit the total area used for the
home occupation to exceed 1,500 square feet.
Staff confirmed that the applicant is currently operating with a valid Class A Home
Occupation permit. That approval will continue even if this request for a Class B
Permit is denied. However, if the applicant wishes to store his equipment on the site,
a waiver would need to be attached to his existing permit to allow storage in a
structure detached from the main dwelling. Also, the applicant cannot have any
outside employees under his existing permit. (Presently the equipment is stored at
another site but the lease on that site is expiring.)
Staff confirmed that the applicant's business is done primarily in the mowing season.
Only a small portion of the business is snow removal. Also, only one additional
employee will be working from this site. Other employees meet the applicant at the
individual work sites.
Mr. Loewenstein asked staff to comment on the applicant's plans for noise control, i.e.
a white pine barrier and added insulation to the interior of the building. Mr. Wade said
the measures offered by the applicant are good, but they would not be adequate to
shield all noise if equipment is being tested outside. It might be possible to address
this with additional buffering. Mr. Wade confirmed the applicant would have to meet
the County's noise regulations, but staffs concern is that the business not negatively
impact the rural character of the neighborhood.
Mr. Loewenstein asked staff to comment on the issue of hazardous material storage.
Mr. Wade said the applicant has taken steps to dispose of any oils at a recycling
center and equipment will be taken to local stations for gas. However, it is possible
that a small amount of gas may need to be kept on site.
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The applicant, Mr. Angus Arrington, addressed the Commission. He described his
neighborhood as very rural, with the presence of farms and a vineyard, and a train
which passes through daily at 6 a.m. He presented photographs of his property
showing the entrance and the existing structure. He said he will plant white pines to
reduce noise and will build an additional wall inside the building to further contain
noise. Mr. Arrington said the building he will use for storage is 75 feet from the
adjacent property, the owner of which has expressed opposition to the request. He
said he has installed a fence and placed the building as unobtrusively as possible from
the adjacent property. Mr. Arrington said the owner of the vineyard uses helicopters in
the spring, all night, to protect the crop from frost. The vineyard also sprays
chemicals twice a week. He was not aware of any complaints about either the noise
or the chemical usage by the vineyard. He pointed out that the farmers in the area
store a wide variety of equipment at their properties and run this equipment on the
roads. He felt his business would cause less disturbance than the existing vineyard
and farms. Mr. Arrington answered specific Commission questions as follows-
--He does not own a chipper.
--Vehicle trips per day are one in the morning and one in the afternoon. In
October, business slows to almost nothing until late March.
--His son operates the business with him and lives with him.
--Three vehicles operate from the dwelling --his truck, his son's truck, and his
wife's auto. This request would add only the landscape trailer which can be pulled
behind either of the trucks.
--Gas is purchased daily at local service stations. None is stored on site.
Some oil (quarts) is stored on site.
Public comment was invited.
Mr. James Butler, Mr. Lewis Moore, and Ms. Rene Blount spoke in favor of the
request. All praised the character of Mr. Arrington and his business. Mr. Butler
expressed the fear that the objection raised by the adjacent property owner might be
racially motivated. All believed that this is an ag-related business and should not
negatively impact the rural character of the area. Mr. Butler stressed that Mr.
Arrington has tried to work with the adjacent property owner to meet all his concerns.
Ms. Blount said the loss of this business would be a detriment the neighborhood.
There being no further comment, the matter was placed before the Commission.
Ms. Huckle said the applicant is to be commended for his success. She felt he had
made a genuine effort to be a good neighbor.
Mr. Finley pointed out that all those who spoke were in favor of the request. No one
present had spoken in opposition.
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Regarding the staffs concern about traffic and comparison to a previous request for a
VCR service, Mr. Nitchmann said he felt there was no comparison in terms of traffic
generation. He said this business fits in with the rural setting and a VCR service
does not. He said he would support the request.
Mr. Loewenstein said the Commission is sometimes quick to approve projects which
have a far greater impact on much larger amounts of land than this one. He said he
was also impressed with the Arrington's efforts to minimize impact to adjacent
properties.
MOTION: Mr. Loewenstein moved, Ms. Huckle seconded, that SP-96-40 for Angus
and Brenda Arrington be recommended to the Board of Supervisors for approval
subject to the following conditions:
1. No more than three trucks and three trailers parked on site.
2. No more than one additional employee not related to family permitted on site.
3. No storage of gas, oil, fertilizers, or chemicals on site. No outside storage of
equipment, supplies/materials related to landscape business, including trailers noted
above.
4. No repairs of equipment other than routine operational maintenance (oil change,
blade replacement, and the like).
5. Area used in the conduct of the Home Occupation shall not exceed 1,800 square
feet.
Discussion:
Mr. Dotson said he would support the motion. He said: "In general, when you have
residential areas, one of our highest priorities is to protect them. However, there are
no neighbors here to indicate this is causing a problem or to help us to understand
how it might be a problem. The applicant has gone to substantial lengths to mitigate
any potential problems. So it seems to me the applicant has a lot of credibility absent
any counter evidence."
The motion passed unanimously.
MOTION: Ms. Washington moved, Mr. Finley seconded, that a waiver of Section
5.2.2.1(a) be granted for SP-96-40 (Arrington) to allow the structure to exceed 1,500
square feet.
The motion passed unanimously.
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SP-96-44 George Hall, Buddy's Mobile Automotive Repair - Proposal to amend
the current special use permit for an automotive repair garage at this location (SP-94-
31) to allow expansion of the number of repair garage bays. Property, described as
Tax Map 95, Parcel 12131, is located on the north side of Route 250 east, just west of
the Fluvanna County line in the Rivanna Magisterial District. The property is zoned
RA, Rural Areas and is not within a designated Development Area (Rural Area 2).
Mr. Fritz presented the staff report. He distributed to Commissioners a copy of a letter
of support and a copy of a letter from the applicant which addressed, in detail, some
concerns which were raised by a neighbor. Staff recommended approval subject to
conditions.
Referring to statements made in a letter from Mr. Cunningham (neighbor), Mr. Fritz
said the applicant has not been cited for any violations of his existing permit. The
Zoning Administrator does not believe any violations exist, but will be conducting a
field visit in response to Mr. Cunningham's letter.
Mr. Fritz said the proposed expansion would not be visible from Rt. 250. It will be
located behind the building. The top of the bay door may be visible over the top of
the fence. The expansion will be attached to the existing building. Mr. Fritz said all
the parking is outside the fence. None of the area inside the fence was counted as
parking because it is a storage area.
Mr. Finley asked if the 8 a.m. to 5:30 p.m. hours were reasonable. Mr. Fritz said
those were proposed by the applicant at the time of the original permit and have been
carried over to this permit. The applicant did not request a change to those hours.
He explained further anything related to the repair of vehicles is the work which must
take place between 8 a.m. and 5:30 p.m. Office work which might be performed
outside those hours would not constitute a violation of the hour limitation. Mr. Fritz
said a 5:30 closing time is consistent with other permits. Most are 5:00.
Referring to the limitation on number of vehicles (condition 8), Mr. Loewenstein asked
if the Zoning Administrator depends primarily on complaints to monitor this condition.
Mr. Fritz said both the complaint process or the Zoning Department's own observation
is used.
Ms. Huckle asked if there is room for 8 vehicles "awaiting repair." Mr. Fritz said some
of those would have to be inside because there is probably only room for 5 outside.
The applicant, Mr. George Hall, addressed the Commission. He presented
photographs of the building and explained that he will raising the height of the doors to
allow him to add an Inspection lane so that he can perform State Inspections. The
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taller doors will allow work to be performed on trucks. Regarding Mr. Cunningham's
concern about after-hours operation, Mr. Hall said he closes at 5:30, but the lights
remain on because the secretary is still working, the building is being cleaned, or he is
waiting for a customer to pick up a car. He said he felt 5:30 is a reasonable time to
stop work, i.e. vehicle repair. He explained further that activity might be perceived to
be taking place at odd times because he sometimes has to pick up a customer's
vehicle and tow it in to the shop.
Public comment was invited.
Mr. Dave Warren and Ms. Karen Warren, adjacent property owners, addressed the
Commission. They did not oppose the request and said Mr. Hall has been a good
neighbor. They asked, however, that the number of vehicles awaiting repair be
reduced from 8 (as requested by the applicant), to 6. Their concern was about the
possible escalation of the business in the event Mr. Hall might sell it at some future
time.
Ms. Hall asked if the cars which are behind the fence are included in the vehicle
limitation. Mr. Fritz responded: "The way the Zoning Department explained it to me is
it is 6 cars (or whatever the Commission approves) on site, awaiting re air. It doesn't
matter where they are parked, unless they are in the building --those stored inside
`Nww would not count --if they are outside, either in the fenced area or outside the fenced
area, awaiting repair. That's how they calculate it.
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There being no further comment, the matter was placed before the Commission.
There was a brief discussion about the number of vehicles. The applicant requested
8. Staff noted that 8 is greater than what has historically been allowed in the rural
areas for this type of business. The applicant indicated he had no objection to the
number being changed to 6.
Mr. Dotson recalled that he supported this applicant's previous request and he has
been pleased to find that the business is well maintained. He said he could support
this request with the number of vehicles set at 6.
MOTION: Mr. Dotson moved, Ms. Huckle seconded, that SP-96-44 for George Hall
be recommended to the Board of Supervisors for approval subject to the following
conditions:
1. The public garage use shall be limited to the repairing and equipping of vehicles.
No bodywork or spray -painting of vehicles shall be permitted. No sale of gasoline or
sale or rental of vehicles shall be permitted.
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2. All work shall be conducted within the existing building with additions shown on the
attached plan initialed WDF 11/25/96. A maximum of three bays shall be permitted.
3. No outside storage of parts including junk parts or inoperable vehicles except those
awaiting repair. Refuse awaiting disposal shall be stored in appropriate containers.
4. Fire and Building Official approval.
5. Improvement of entrance as recommended by the Virginia Department of
Transportation in a letter dated November 21, 1995.
6. Hours of operation shall be limited to 8:00 a.m. to 5:30 p.m. Monday through
Friday and 8 :00 a.m. to 1:00 p.m. on Saturday and no operation of the garage on
Sunday.
7. Engineering Department approval of waste collection and disposal methods.
8. Not more than six (6) vehicles awaiting repair, shall be parked on the property
outdoors at any time.
9. No expansion of the existing use without Health Department approval.
The motion passed unanimously.
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 applicant was requesting deferral to January 7, 1997.
Public comment was invited. None was offered.
MOTION: Mr. Finley moved, Mr. Loewenstein seconded, that SP 96-43 for Nancy
Porritt be deferred to January 7, 1997. The motion passed unanimously.
SP-96-49 The Tandem School - Proposal to amend the current Special Use Permit
for Tandem School to expand the facilities for the school to include a field house of
approximately 13,000 square feet. Property, described as Tax Map 91, Parcels 2A
and 213, is the present site of the Tandem School, presently accessed off of Rt. 20.
The property is zoned R-1 and designated for Institutional Use in Neighborhood 4.
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Staff was requesting deferral to January 7, 1997.
Public comment was invited. None was offered.
MOTION: Ms. Huckle moved, Ms. Washington seconded, that SP 96-49 for Tandem
School be deferred to January 7, 1997. The motion passed unanimously.
WORK SESSION
Comprehensive Plan - Water Resources Section
Mr. Benish and Ms. Scala introduced the topic and reviewed the proposed changes to
the Water Resources Section. They explained how this section fits in with the rest of
the Natural Environment section of the Plan and described the envisioned schedule for
the remaining work on this section.
It was decided the next work session on this topic would) be held January 28,1997.
Staff will provide Commissioners with a copy of the Consolidated Water Ordinance so
that it can be reviewed before the next work session.
There being no further business, the meeting adjourned at 9.25 p.m.
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