HomeMy WebLinkAbout07 02 2002 PC MinutesAlbemarle County Planning Commission
July 2, 2002
The Albemarle County Planning Commission held a meeting and a public hearing on Tuesday,
July 2, 2002 at 6:00 p.m. at the County Office Building, 401 McIntire Road, Charlottesville,
Virginia. Members attending were William Rieley, Vice -Chairman; Tracey Hopper; Rodney
Thomas; and Pete Craddock. Absent from the meeting were Jared Loewenstein; Bill Edgerton;
and William Finley.
Other officials present were Wayne Cilimberg, Director of Planning & Community Development;
Greg Kamptner, Assistant County Attorney; Yadira Amarante, Planner; Scott Clark, Planner; and
Stephen Waller, Planner.
Other Matters Not Listed on the Agenda from the Public:
Mr. Rieley invited public comment on other matters not listed on the agenda. There being none,
the meeting proceeded.
Consent Agenda:
Approval of Planning Commission Minutes - April 30, 2002.
Ms. Hopper moved for approval of the consent agenda as presented.
Mr. Craddock seconded the motion, which carried unanimously (4:0).
Items Requesting Deferral
SP-02-016 Bucks Elbow Golf Club (Sign #52, 53) - Request for special use permit to allow a
public golf course with clubhouse in accordance with Sections 10.2.2.4, 13.2.2.4, and 16.2.2.4 of
the Zoning Ordinance which allow for "swim, golf, tennis, or similar athletic facilities." The
property, described as Tax Map 55 Parcels 83, 71 and Tax Map 56, Parcel 14, contains 453.015
acres, and is located in the White Hall District on Rockfish Gap Turnpike (Route 250)
approximately 0.5 miles east of the intersection of US 250 and Interstate 64. The property is
zoned RA Rural Areas, R-1 Residential, R-6 Residential, and EC Entrance Corridor. The
Comprehensive Plan designates this property as Neighborhood Density in the Crozet Community
and Rural Area. (Scott Clark) APPLICANT REQUESTS 1NDEF/NTE DEFERRAL.
Ms. Hopper moved to accept the applicant's request for indefinite deferral of SP-02-016, Bucks
Elbow Golf Club.
Mr. Thomas seconded the motion, which carried unanimously (4:0).
Public Hearing Items:
Review of Blue Run Agricultural/Forestal District - Review of the Blue Run
Agricultural/Forestal District in accordance with Chapter 3 Section 204 of the Albemarle County
Code, which requires regular reviews of districts. The District consists of 25 parcels totaling
3,865.024 acres. The property, described as Tax Map 35, Parcels 22, 23, 24A, 26, 26B, 26C,
26D, 28A, 29, 31, 32A, and 43; Tax Map 36, Parcels 6A, 9, 20; Tax Map 49, Parcels 4A5, 24; Tax
Map 50, Parcels 5, 5B, 32A, 45B, 47, 47A, 47B, and Tax Map 51, Parcel 13. All properties in the
District are zoned RA Rural Areas and are designated by the Comprehensive Plan as Rural Area.
(Scott Clark)
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Mr. Clark presented the staff report. (See the attached copy of the staff report.) He stated that
until this point it has been on an eight -year review cycle and staff is attempting to get all of the
` districts under the ten-year review cycle to make them all consistent. He noted that the
landowners in the district were notified of this change in the letters that went out. There were no
additions to the district review and none of the notified landowners asked to drop out of the
district. Therefore, the size of the district will not change. Staff recommended to the Ag/Forestal
Committee that the district go under the ten-year review period. The Ag/Forestal Committee
voted to recommend the same ten-year review period.
Mr. Rieley opened the public hearing and asked if there was any one present to comment on the
district. There being none, the public hearing was closed and the matter before the Planning
Commission for action.
Mr. Thomas moved to recommend approval of the continuation of the Blue Run
Agricultural/Forestal District for a ten-year period.
Ms. Hopper seconded the motion, which carried unanimously (4:0).
Mr. Rieley stated that the next item before the Planning Commission was two special use permits
and a site plan for Riverbend Associates LLC. He noted that all three items would be heard
together with separate motions.
SP-02-10 Riverbend Associates LLC — Request for special use permit to allow a vehicle rental
and maintenance facility in accordance with Section 22.2.2(8) of the Zoning Ordinance, which
allows for motor vehicle sales and rental in communities and the urban area as designated in the
Comprehensive Plan. The property, described as Tax Map 78 Parcel 17A, contains 20.602 acres
(8.828 acre of which are subject to this permit) and is located in the Rivanna Magisterial District
on Newhouse Drive just off of Route 250 by the Rivanna River. The property is zoned C-1,
Commercial, and is within a County Entrance Corridor (Rt. 250). The Comprehensive Plan
designates this property as Community Service in Neighborhood 3 of the Development Area.
(Yadira Amarante)
SP-02-11 Riverbend Associates LLC — Request for special use permit to allow outdoor storage
and display of motor vehicles in accordance with Section 30.6.3.2(b) of the Zoning Ordinance,
which allows for outdoor storage, display and/or sales serving or associated with permitted uses,
any portion of which would be visible from an Entrance Corridor street. (Yadira Amarante)
SDP-02-22 Riverbend Associates LLC — Request for preliminary site plan approval for the
construction of a vehicle rental and maintenance facility with outdoor storage and display on
20.602 acres zoned C-1, Commercial. (Yadira Amarante)
Ms. Amarante presented the staff report. (See the attached copy of the staff reports.) She stated
that the applicant petitions the Board of Supervisors for approval of two special use permits in
order to construct a 2,700 square foot building and associated parking for the purposes of
operating a vehicle rental and maintenance facility within the Entrance Corridor. One of the
special use permits is for the allowance of motor vehicle sales and rental in the urban area
designated in the Comprehensive Plan. The other is for the allowance of outdoor storage and
display within the Entrance Corridor. In this case, the designated Entrance Corridor is Route 250.
The subject parcel is currently a vacant lot adjacent to the Rivanna River in the Pantops
Shopping Center. The construction of Riverbend Garden Apartments, which is just south of this
site, is almost complete. The Riverbend Garden Apartments actually occupy the same parcel as
this site until the recent subdivision. Most of the areas to the west of the site are wooded along
the Rivanna River and the area to the east of the site is actually the rear of the Pantops Shopping
Center. In front of the site is the Shell Station at Route 250 at Free Bridge. Planning staff has
*400 ALBEMARLE COUNTY PLANNING COMMISSION - JULY 2, 2002 307
reviewed the proposal for conformity with the Comprehensive Plan and Zoning Ordinance and
recommends approval of both special use permits with conditions and approval of the preliminary
site plan. The Engineering staff has reviewed this request for engineering issues related to
health, safety and welfare requirements and is recommending approval of both special use
permits since most of their concerns relating to the use can be addressed during the review of the
site plan. The Architectural Review Board has also reviewed both special use permits and the
site plan for appropriateness in the Entrance Corridor. Although the ARB expressed no
objections to the use, they are recommending a number of conditions intended to minimize the
visual effect on the Entrance Corridor. Similarly, the ARB has approved the site plan with
conditions for additional landscaping and screening, and all of those are listed in the conditions
for the site plan. Overall, the use is consistent with both the character of the neighborhood and
the zoning district. The site plan has been modified in an attempt to mitigate any negative
impacts in terms of views from the Entrance Corridor, views from the green way and potential
traffic conflicts within the shopping center. Staff recommends approval of both special use permits
and the site plan with conditions as listed in the staff report.
Mr. Rieley asked if there were questions for Ms. Amarante.
Mr. Thomas asked if there were any trees planned at the top of the hill above the river.
Ms. Amarante stated that area is pretty well buffered. She noted that the current tree line was
proposed to not be disturbed. The applicant is voluntarily working with the Parks and Recreation
Department to look at the winter views. Since most of the trees are deciduous, they will come
back in the winter and possibly do some additional plantings to further screen this use from not
only the green way on the County's side but also on the City's side.
Mr. Craddock asked if the utility lines behind the site could be buried.
Ms. Amarante stated that the applicant has no control over the utility lines right behind the
shopping center.
Mr. Craddock stated that he found it hard to believe that there would be no outdoor lighting
particularly for security reasons.
Ms. Amarante stated that they believed that the site would be a U-haul site and their hours may
be limited. She suggested that they ask the applicant's representative.
Mr. Rieley stated that there was some language in the Comprehensive Plan about protecting our
riparian resources from both the perspective of the quality of water and the aesthetic impact on
our rivers and streams. He noted that there was not a lot of discussion of this in the staff report.
He asked how she reconciled this kind of use with this riverside location?
Ms. Amarante stated that the Comprehensive Plan states that the use should be a
riverfront use. She noted that it does not mesh with the Comprehensive Plan in terms of that
type of use. In terms of a riparian buffer, as stated before, they will be preserving all of the trees
and the critical slopes shown on the site. The trees will be preserved with a
conservation plan during the final site plan review in terms of putting up fencing to make sure
that the trees are protected. She stated that this would also be reviewed by the
Engineering Department in terms of how it complies with the Water Protection Ordinance.
Mr. Rieley asked if there was anyone present from our Engineering Department, and Ms.
Amarante stated that there was not.
Mr. Rieley opened the public hearing and asked if the applicant would like to address the
`%MW ALBEMARLE COUNTY PLANNING COMMISSION - JULY 2, 2002 308
Commission.
�.r SPEAKER FOR REQUEST
Clark Gathright, of Daggett and Gregg Architects, stated that he would be happy to answer any
questions. He stated that the plan was consistent with the County's requirements and requested
approval of the special use permits and the site plan as presented. He stated that the staff report
was very clear and detailed on any questions that they might have. He noted that in regard to
the water quality, that they were showing a biofilter on the site plan that has a double function.
The biofilter functions as part of our landscape screening from the Entrance Corridor, receives all
of the surface runoff from the site and discharges the water into the existing stormwater system
that serves the shopping center.
Mr. Craddock asked if there would be outdoor lighting.
Mr. Gathright stated that at this point the hours of operation would be from 8:00 a.m. or 9:00 a.m.
to 5:00 p.m. and they felt no compelling need for lighting. He noted that there was a note on the
site plan that any lighting would require them to go through a review process.
Mr. Craddock stated that there was a lot of foot traffic through that site.
Mr. Cilimberg stated that there was no condition that prevents them from lighting. He noted that
they would have to follow the Zoning Ordinance provisions for lighting.
Ms. Amarante stated that they could come back and amend the site plan for the addition of
lighting.
Mr. Rieley asked if anyone else would like to address the Commission.
SPEAKERS AGAINST REQUEST:
Alice Ewing, resident of 1900 Chesapeake Street and the President of the Woolen Mills
Neighborhood, stated that they had a meeting last week in which they discussed the special use
permits. They took a vote on the neighborhood's feeling about the U-haul use there. The
neighborhood was unanimously in opposition to the special use permit. She noted that they feel
that it is an inappropriate use and that further degradation of the very important wild life
vegetative buffers adjacent to the river, that they have historically been eroding, would result in
water quality concerns and further loss of habitat. She stated that she was appalled as she drives
up and down Route 250 at the vast acreage of parking lots of which probably at maximum one -
quarter of the parking lots are in use. She finds it unfortunate that the County mandates parking
regulations that create a vast sea of acreage of asphalt. She stated that the question was
whether Albemarle County wants to grow parking lots. She saw an opportunity for this U-haul
vendor to take a piece of one of the existing parking lots for their use rather than adding more
asphalt to our area parking lots. Parking lots contains contaminants that run into our streams and
our water sources that are sent to our storm water systems that have to be processed which
requires energy. In summary, she would like to put this issue in the larger context of the Route
250 sprawl and what is happening to our cities to request that you deny these permits.
Kay Slaughter, resident at 1501 Short 18'h Street in Charlottesville, stated that she was a riparian
landowner. She stated her opposition to this special use permit for some of the other reasons
that have been discussed, but most specifically because it is not the best use adjacent to the
river. She stated that she was not opposed to the adjacent apartments, but had actually worked
with the developer because she felt that was a good residential use that looked at using the river
as an amenity. She felt that the amount of runoff and soil erosion would increase regardless of
what people do. The additional pavement will mean more water entering the river and more run
off. She felt that the cost to the environment and the community is not worth the benefit of this
activity that could occur at another place. She noted that she does not object to that particular
activity, but not on this site. She urged the Commission to use their power in this special use
1�*Vr ALBEMARLE COUNTY PLANNING COMMISSION - JULY 2, 2002 309
permit review to deny the request. She applauded the County for their work on developing green
ways and hoped that they will look at ways for development opportunities along the river, but not
` W1 to just accept whatever comes down the pipe, especially when your hands are not tied by the
Zoning Ordinance.
Mr. Rieley asked if anyone else wanted to address the issue. As there was none, he closed the
public hearing and placed the matter before the Commission for action.
Ms. Hopper stated that when she read the staff report, she was particularly concerned about this
special use being requested so close to the river and that it was not responsive to the orientation
requests in the Comprehensive Plan amendment. She stated that one of the reasons that special
use permits are reviewed is so it can assessed what is appropriate in a particular space in a land
use area. She noted that she did not support this application because it was not an appropriate
use at the river and because of the environmental concerns.
Mr. Thomas agreed with Ms. Hopper because he would rather see another use on this property
that was more in accordance with the Comprehensive Plan's suggestions.
Ms. Hopper stated that the whole concept of the Neighborhood Plan was to have mixed use.
Mr. Craddock stated that he was on that road fairly often, which was why he was concerned
about the lighting. He noted that he would have the property lighted and gated if it was his
property. He felt that there should be something better that could be done to the property to
protect the river, even though it was a small acreage there. He noted, as with the property across
the street, this property was the last little bit of open green space on that side of Route 250 for
some distance. He stated that he would also vote negatively on this.
Mr. Rieley agreed that they have to hang their hat on the Comprehensive Plan's ammunition to
utilize river front property particularly in the growth areas to begin to orient towards the river and
have appropriate uses adjacent to the river that are sympathetic ones. He concurred with the
others.
Ms. Hopper moved to recommend denial of SP-02-10, Riverbend Associates LLC.
Mr. Craddock seconded the motion, which carried unanimously.
Ms. Hopper moved to recommend denial of SP-02-11, Riverbend Associates LLC.
Mr. Thomas seconded the motion, which carried unanimously.
Ms. Hopper moved for denial of SDP-02-22, Riverbend Associates LLC.
Mr. Craddock seconded the motion, which carried unanimously.
It was the consensus of the Planning Commission to agree with Mr. Kamptner's statement that
the motion was made because the proposed use on the site plan is inconsistent to the uses that
are allowed by right and requires a special use permit.
Mr. Rieley stated that the Planning Commission recommends denial of SP-02-10, SP-02-11 and
SDP-02-22 to the Board of Supervisors.
In consensus, the Planning Commission reviewed the recommended conditions and
asked for the following changes:
1) Delete condition # 4 because condition # 3 would take care of the issue.
ALBEMARLE COUNTY PLANNING COMMISSION - JULY 2, 2002 310
2) Change condition # 2 from "for display shown on the plan" to "should be the approved site
plan."
Should the Board of Supervisors grant the special use permits, Mr. Rieley officially requests that
the final site plan comes back to the Planning Commission.
Mr. Rieley stated that the next item was two special use permits and a site plan for Carmichael
Motors.
Public Hearing Item:
SP-02-021 Carmichael Motors — Auto Sales (Sign #23, 24) - Request for approval of a special
use permit in accordance with Section 22.2.2(8) of the Zoning Ordinance, which allows
automobiles sales in the C-1 zoning district. The property, described as Tax Map 78, Parcel 2A
contains 0.524 acres zoned C-1, Commercial and EC, Entrance Corridor, and is located in the
Rivanna Magisterial District on Richmond Road (Route 250), at the intersection with Free Bridge
Lane (Route 1421). The Comprehensive Plan designates this property as Regional Service in the
Development Area Neighborhood 3. (Stephen Waller)
SP-02-030 Carmichael Motors — Outdoor Storage and Display — Request for approval of a
special use permit in accordance with Section 30.6.3.2 of the Zoning Ordinance, which allows for
outdoor storage and display in the Entrance Corridor Overlay District.
SDP-02-045 Carmichael Motors - Request for preliminary site plan approval for the construction
of a one -level building (900 square feet) and parking lot for automobile sales on 0.524 acres
zoned C-1, Commercial and EC, Entrance Corridor. (Stephen Waller)
Mr. Stephen Waller presented the staff report. (See the attached copy of the staff report.) The
applicant's proposal is for the establishment of an automobile dealership which would utilize an
existing building as an office and a newly proposed building for maintenance of automobiles as
far as washing and detailing. It would also have several display basins for the automobiles that
are for sale and for three additional parking spaces for customers and employees. This proposal
requests approval of two special use permits. One of which is for automobile sales in the C-1,
Commercial District and the other for outdoor storage and display in the Entrance Corridor. Staff
has reviewed this proposal for conformity with the Comprehensive Plan and for compliance with
Section 31.0 of the Zoning Ordinance and recommends approval of the special use permits with
conditions. The Architectural Review Board has reviewed this plan and has recommended
several conditions for the treatment of this site should the special use permit for outdoor sales
and display be approved. Staff has provided additional conditions as well. Along with this
request, the applicant is also requesting approval of a critical slope waiver for a small area of
critical slopes in the corner of the parking lot that would have to be graded and developed in this
site. Staff is also recommending approval of the critical slope waiver.
Mr. Rieley asked if there were any questions for Mr. Waller.
Mr. Craddock asked if the gas tanks are still on that property. He pointed out that property use to
be a Texaco Station.
Mr. Waller stated that the gas tanks were not shown on the plan. He noted that there was an old
house that has been removed.
Mr. Craddock asked if the shelter was a canopy.
ALBEMARLE COUNTY PLANNING COMMISSION - JULY 2, 2002 311
Mr. Waller stated that according to the applicant's proposal, they would have two automobile
display areas and also an open canopy for the washing of the automobiles for that business or for
the cars that they have there.
Mr. Craddock asked if they would be required to recycle water.
Mr. Waller stated that there could be a condition applied by the Service Authority since they are in
charge of the waterflow and the amount of water that they use. He noted that there was one
approved at Brown Auto that intends to use recycled water. He stated that if that was the case
for this one, then they should discuss it with the applicant.
Mr. Craddock asked if the canopy lighting would be according to the new ordinance
Mr. Waller stated that it was a building with a bay door, but if it were a canopy it would have to
follow the lighting ordinance and the Architectural Review Board's guidelines for canopies with
flush mounted lights.
Mr. Thomas asked if it was state Roue 250, and Mr. Cilimberg stated that it was U.S. 250.
Mr. Rieley stated that if there were no other questions for Mr. Waller, then they would open up the
public hearing and ask if the applicant would like to address the Commission.
SPEAKER FOR REQUEST:
Steve Melton, representative for Free Bridge Land Trust and Carmichael Motors, stated that Mr.
Michael Wilson was present tonight to answer any business -related questions. He stated that
this was like a metal awning and has been through the preliminary Architectural Review Board
hearings. He stated that this was actually a three -car carport with a hip roof with shingles to
match the existing roof on the little brick building. He noted that building would be kept intact and
remodeled with no design changes. He stated that there will be brick columns that you will be
able to see as you drive through. It will be lit. The lights that we have shown comply with the
Zoning Ordinance and the ARB's recommendations. He noted they have resubmitted their final
plans to the ARB. This building is located approximately 25 feet behind the existing bldg. It will
house one bay that will be used for washing and detailing cars and two display bays. There has
been a sand filter design to trap the water and take the water and filter it and put it into sanitary
storm system. That design has been approved by the Engineering Department and was one of
their recommendations for washing vehicles there. He noted that this is a relatively small
operation and run by Mr. Wilson and his wife with one part-time employee. It will be a Monday
through Saturday operation. There will be no larger bright lights like dealerships on Pantops. He
noted that they were interested in keeping the site as historical as possible by using the antique
type lighting and the two poles as shown on the site plan. He noted that they were a very low-key
operation. He stated that they have had their preliminary discussions with the ARB, made their
final plan submission and was scheduled for the August 19th hearing. He stated that there were
no tanks on the site. He noted that there was an old well on the site that they planned to fill in.
He noted that there was a very limited use for this small property.
Mr. Rieley asked if anyone else would like to address this issue.
Kay Slaughter, resident of 1501 Short 18th Street, stated that she just heard about this tonight, but
would ask that the Commission consider if this is the best use to grant a special use permit for
next to a flood plain. She noted that this was in an area where there could be a small amenity
that would use the river in a positive way. She stated that she could not resist being an advocate
for the river and for appropriate development on the river.
Alice Ewing, resident of 1900 Chesapeake Street and the President of the Woolen Mills
,%W ALBEMARLE COUNTY PLANNING COMMISSION - JULY 2, 2002 312
Neighborhood, expressed her opposition to the special use permit. She noted that with Martha
Jefferson Hospital relocating onto Route 250 that there seems be a real opportunity to change the
IiNw face of that portion of Route 250 from car dealerships to more of a diversified and densified type
of use. She asked what was the larger vision for Albemarle County and how can these requests
which you get be tested against that longer vision. She hoped that they would see that there are
opportunities for good growth as opposed to those which benefits the individual commercial
business but not the larger community.
Mr. Rieley asked if any one else wanted to address this issue. There being none, he closed the
public hearing and brought the matter back before the Commission for discussion and action.
Mr. Thomas stated that this was a very similar situation to the one almost straight across the
highway. He asked for input from the rest of the Commissioners. He asked if Free Bridge Lane
between the property and the river made a difference between this and the other.
Mr. Rieley stated that there are some differences. He noted that there is an opportunity for public
access along the river all the way to Darton Towe Park. He felt that elevates the importance of
this stretch of the river. He applauded the applicant's efforts to keep the existing building and
even utilize it in the plans for the new buildings. He felt it was a reasonable use and a thoughtful
design and thought that the Engineering Department and the applicant were clearly trying to do
what they can to mitigate the effects of the generation of lots of fostrates and nitrates right on the
banks of the river. He stated that it was a good use and a good application, but on the wrong
site. He stated that if they don't hold out for appropriate riverside uses at this stage of the game,
then they would not get them.
Ms Hopper moved for denial of SP-02-021.
Mr. Craddock seconded the motion, which carried unanimously.
Ms Hopper moved for denial of SP-02-030.
Mr. Craddock seconded the motion, which carried unanimously.
Mr. Cilimberg stated that what they would be acting on here would just be the critical slope waiver
because the whole site plan was not put before you tonight because it could be done
administratively.
Ms Hopper moved for denial of SDP-02-045 for the critical slope waiver.
Mr. Thomas seconded the motion, which carried unanimously.
Mr. Rieley stated that these three items would go to the Board of Supervisors on August 14th with
a recommendation for denial.
OLD BUSINESS:
Mr. Rieley stated that he would like to raise one item for the Commission's consideration. He
stated that they were seeing more and more of the metal monopoles during their review for the
cell tower applications in lieu of the wooden poles. He felt that they have been pushing the limits
of the pole size so that the poles can be extended in height in the future. He noted that they had
previously discussed requesting a consultant's engineering assessment on how small the poles
can be and still be able to function. He felt that the metal poles could be made smaller. He asked
if others share a desire to get some more information on this from somebody who can tell us how
big the towers need to be to hold the antennas up and withstand the wind load.
ALBEMARLE COUNTY PLANNING COMMISSION - JULY 2, 2002 313
Ms. Hopper stated that a long time ago they had discussed the sports lights around town and why
those poles could be so thin. She felt that if they could get additional information that it would be
very helpful.
Mr. Reiley asked if staff felt it would be helpful to put this in a motion for the Board of Supervisors,
and Mr. Cilimberg stated that it would be useful.
Mr. Rieley suggested that they ask for an engineer's assessment of the metal poles and how
small they can be.
Motion:
Ms. Hopper stated that in order to assist the Planning Commission to more competently assess
the cell tower applications, she made a motion to request that they obtain an engineer's
assessment of metal poles and how small they can be.
Mr. Craddock seconded the motion, which carried unanimously (4:0).
In summary, the Planning Commission passed a motion asking the Board of Supervisors to
engage an engineering consultant to assess the metal pole diameters necessary to support the
type of wireless infrastructure we are seeing. Some Commissioners have questioned if the poles
are being unnecessarily oversized.
Adjournment:
With no further business, the meeting adjourned at 6:55 p.m.
0-w"'J'A
V. Wayne Cili berg, Secretary
(Recorded and transcribed by Sharon C. Taylor, Recording Secretary.)
ALBEMARLE COUNTY PLANNING COMMISSION - JULY 2, 2002 314