HomeMy WebLinkAbout02 24 2004 PC MinutesM
Albemarle County Planning Commission
February 24, 2004
The Albemarle County Planning Commission held a meeting and a public hearing on Tuesday,
February 24, 2004 at 6:00 p.m., at the County Office Building, Room 235, Second Floor, 401
McIntire Road, Charlottesville, Virginia. Members attending were William Rieley, Rodney
Thomas, Chairman; Calvin Morris, Jo Higgins, Marcia Joseph and Pete Craddock, Vice -
Chairman. Absent was Bill Edgerton.
Other officials present were Wayne Cilimberg, Director of Planning & Community Development;
Margaret Doherty, Principal Planner; Stephen Waller, Senior Planner; Rebecca Ragsdale,
Planner; Jan Sprinkle, Chief of Zoning Administration; Joan McDowell, Principal Planner; Lee
Catlin, Facilitator and Greg Kamptner, Assistant County Attorney.
Call to Order and Establish Quorum:
Mr. Thomas called the regular meeting to order at 6:00 p.m. and established a quorum.
Other Matters Not Listed on the Agenda from the Public:
Mr. Thomas invited comment from the public on other matters not listed on the agenda.
Mr. Neil Williamson, Executive Director of the Free Enterprise Forum of Charlottesville, stated
that James Taylor has a song that says that is why I am here. The Free Enterprise Forum is here
to advocate and to get people involved in the system. At the conclusion of last week's public
hearing of the Subdivision Ordinance one of the Commissioners remarked that he was sick and
tired of hearing builders and developers coming in and complaining about the Neighborhood
Model implementation. He stated that he must rise in protest because one of the key tenets of
the Free Enterprise Forum is that all stakeholders be heard. These business people and each of
you are working to make Albemarle County a great place to live, work and place. If any
Commissioner were sick and tired of hearing from members of the community directly affected by
the proposed changes, he would suggest that individual rethink their commitment. He pointed out
that he continued to hear from developers, builders and even County staff that the Neighborhood
Model as "a preferred model" has not been fully vetted in the public eye. Again and again the
Board of Supervisors will ask why these concerns weren't raised before the Planning
Commission. Based on the tenor of the comments that he heard the other evening, he was not
clear that all of the concerns are being heard while they are being voiced. The Free Enterprise
Forum will continue to advocate for all stakeholders to be involved in all levels of the County
approval process. To do anything less would be shirking my responsibility and our responsibility
as citizens. He humbly requested that the Commissioners listen with open minds as these
concepts are debated. He pointed out that is why they are here.
Mr. Thomas asked if there was any further comment from the public. There being none, the
meeting proceeded to the consent agenda.
Consent Agenda:
SUB-03-217 Ballard Field Final Plat, Critical Slopes Waver - Request for final plat approval to
create 177 lots on 54.7 acres. (Tax Map 055, Parcel 71)
Mr. Thomas asked if any Commissioner would like to pull the item from the consent agenda.
There being none, he asked for a motion.
Mr. Morris moved to approve the consent agenda as submitted with the conditions as stated.
Mr. Craddock seconded the motion.
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 124
05
The motion carried by a vote of (6:0). (Edgerton — Absent)
Work Sessions:
Facilitated Work Session Continuation of Rural Areas — The purpose of the facilitated work
session is for the Commission to arrive at consensus regarding the issues, strategies, and
objectives contained within the draft Rural Areas element of the Comprehensive Plan, in order to
provide staff direction for any needed revisions to the draft Plan. (Joan McDowell)
Lee Catlin, the facilitator, stated that the Commission left off last time at Section IV, Infrastructure
and Community Services. She pointed out that they had a little bit of discussion concerning the
Rural Rustic Roads Program and the Pave -In -Place Program, and staff was to provide some
information to the Commission prior to their discussion. First they would cover sections IV and V
and then circle back to the first two items that the Commission felt would really hinge on some of
the other discussion that they might have. She asked Ms. McDowell if she had any introductory
comments to get them started.
Ms. McDowell suggested that they could just jump in and get started. She pointed out that they
only had one hour for this discussion, and therefore could have another session if necessary.
She pointed out that the minutes from the previous meeting had been passed out this evening.
Ms. Catlin pointed out that before this goes to public hearing that there will be one more chance
for the Commission to look at the text with the changes and recommendations reflected.
Ms. Higgins asked at what point the Comp Plan Amendment starts to generate a change into the
Subdivision Ordinance.
Ms. McDowell stated that this just lays the framework as sort of the background for the policies.
She pointed out that after the CPA was approved by the Board, then staff would work on the
Ordinance changes. She noted that the implementation would come later in much more detail
after Board approval.
Ms. Catlin stated that under Section IV. Infrastructure/Community Services that the first issue was
Strategy 1 under transportation, which was about pursuing the Rural Rustic Roads Program as
an alternative to the Pave -In -Place program. She asked if there were any questions about the
materials that they received. If not, she asked what the Commissioner's thoughts were about this
strategy.
Ms. Higgins stated that they were setting up a strategy to achieve a goal. This specifically
addresses the gravel roads that are out in the rural areas. Therefore, in the Rural Areas Plan
they were setting up a strategy to take all of the gravel roads that are out there and eventually
have them paved.
Ms. Joseph disagreed because she just figured the roads would stay the same way that they
have been staying and would be in the Six -Year Plan if they need to be paved. Then the roads
will be built according to the plan, but not for every single road in the County. If the roads in the
Six -Year Plan are to be improved that the Rural Rustic Program to improve the roads was better
than the Pave -In -Place Program. She pointed out that was the way that she was reading this.
She stated that it did not mean that every road would be paved or not paved, but that it would be
done in the same way as before with the MPO, putting the road in the Six -Year Plan, etc.
Mr. Rieley stated that was the way that he read it and that it would be less obtrusive and less
expensive.
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 125
Ms. Higgins stated that the word pursue was used in that they had a goal to pursue and they
wanted to do it in the least costly environmental friendly way. She pointed out that if you did not
know the background, as she read it that it means that there are gravel roads out there and you
want to pick one way to do them rather than the other way.
Ms. McDowell stated that not every road would qualify for the Rural Rustic Road Program or the
Pave -In -Place Program. She pointed out that Mr. Benish mentioned last time that the Pave -In -
Place Program is just not used. Therefore, the Rural Rustic Road Program would have less
environmental impact and less cost, but as Ms. Joseph said it would follow the same path. It is
not that the County would go out and pave every road under Rural Rustic Roads any more than it
would with Pave -In -Place. She pointed out that there was a whole section in the Comprehensive
Plan that talks about it. This is just a synopsis of issues that staff recommends.
Ms. Catlin stated that maybe what she was saying was that as you look at the language in there
that you make sure that what is in there reflects that this was only for an alternative for roads.
Therefore, rather than using Pave -In -Place that they would go to Rural Rustic Roads, but they
would not be bringing new roads or other roads into the paving process.
Ms. Higgins pointed out that the keyword was "pursue". She suggested that they give more
consideration to the Rural Rustic Roads Program as an alternative to the Pave -In -Place Program.
She suggests using "give consideration to" rather than "pursuing".
Mr. Rieley stated that it was a good point because they certainly wanted this to be clear because
they did not want to indicate that they wanted to pave more roads.
Ms. McDowell asked if they wanted to say "explore" instead of the word "pursue" as an alternative
to it.
Mr. Rieley suggested that for those roads designated to be paved that they pursue the Rural
Rustic Roads Program as an alternative to the Pave -In -Place Program. He stated that would
make it clear that it was an independent process.
Ms. Catlin asked if everyone was comfortable with that, and the Commissioners agreed with Mr.
Rieley's suggestion. The next topic was Water and Sewage Disposal, which had two strategies
listed for consideration. The first one they touched on a little bit in other discussions is whether
they would consider the use of central water and septic systems particularly for Rural
Preservation Developments.
Mr. Thomas stated that was something that the Commission needs to form a consensus on
because at the last meeting they were split on that one.
Mr. Higgins stated that in the minutes of February 101h that Mr. Benish's suggested language was
in there on how it applies. On page 13, it really talks about that it was not to allow more
development on the land than the land could carry, but sustain the same number of lots that
individual systems would carry. She pointed out that it was an environmental issue, too.
Ms. Joseph stated that they were still dealing with another agency or another layer of
government, which was something that they would be dealing with in the Rural Areas with some
of these central systems. If they fail, then they all would pay for it
Ms. McDowell suggested that staff work on some language for this since it was discussed last
time. She pointed out that would just be part of the rewrite and then they would see how the
Commission feels about it.
Ms. Catlin stated that the Commission wanted to match this strategy up with number 8 under
1%W1 Rural Preservation Developments that they talked about.
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 126
Mr. Rieley stated that he still had misgivings about this item. The language in this is based on the
fact that it was all very well to say that it was not intended to increase the development potential
in the Rural Areas. But, the fact of the matter is if you can achieve all of your development rights
with a central well system and a piece of the open space in a large septic system somewhere and
you could not achieve that without it, then it would have that effect whether it was the intention or
not.
Ms. McDowell suggested that they say something to the effect, based on what Mr. Benish
previously said which the Commission agreed to last week, that the applicant basically prove that
they are capable of developing the land under the standard individual water and sewer system for
each lot before they would consider a central system.
Ms. Higgins stated that there was only one scenario where this comes into play and that was in
cluster development. She asked if they were saying that cluster developments are better in the
Rural Areas than traditional developments.
Ms. Joseph stated that was not what they were trying to say because it was a different issue.
Ms. Catlin suggested that they use Mr. Benish's suggested language that expressed what staffs
intent was with this. Then staff could put that language in both places and bring it back to the
Commission to see whether he has been able to accomplish that or not.
Mr. Morris stated that they wanted to be able to explore all possibilities on both sides.
Ms. Higgins pointed out that this language talks about central systems, but it does not talk about
alternative individual systems. She asked if Mr. Benish had any wording that would talk about
alternative individual systems. She pointed out that alternative systems were being used in other
counties.
Ms. McDowell pointed out that this might end up being a moot point anyway because the Board
would have to approve the County using central systems. That would be an about face from what
the Comprehensive Plan says now in the Rural Areas. The Board may absolutely say that they
don't want central systems or any other alternative system any way regardless of this language.
She stated that she just wanted to point that out. She stated that she relied on David Hirschman
for the information, the background and the technical reports that they sent to the Commission
and Board about a year ago. If necessary, she suggested that they have Mr. Hirschman come
back and talk about it again.
Mr. Rieley pointed out that it was too bad that Mr. Edgerton was not here because he has voiced
an advocacy for the kind of alternative systems that Ms. Higgins just mentioned.
Ms. McDowell pointed out that it was a big issue.
Ms. Higgins stated that this was for their protection because it would protect the groundwater and
failed situations.
Ms. Catlin stated that when they talked about this in the joint session with the Board that a lot of
the discussion was about leaving the possibility open for better future technology. She suggested
that they talk with Mr. Benish to get the language together to include the alternative individual
systems, and then if you need further discussion with Mr. Hirschman or further clarification that
they could do that. She stated that the next issue was Strategy 3, Tools that should be used to
achieve water protection at a specific Rural Preservation Development site including using
community open space for reserve drainfields and/or well fields.
Mr. Rieley stated that it was the same issue
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 127
Ms. Higgins stated that the intent was not to increase the development, but just to handle the
development that can be achieved with the best water protection measures in place.
Ms. Catlin stated that the Commission sees that Strategy 3 needs to align with and reflect what
was happening with the Strategy up above, and the Commissioners agree. She asked if there
were any other comments or thoughts before they leave IV, Infrastructure/Community Services.
Ms. Higgins stated that they seem to have a lot of issues on infrastructure, but asked where
community services really come into this.
Ms. McDowell stated that was just the chapter heading, but that there was more information
included back in the plan on page 37
Ms. Higgins asked in a synopsis if there were any strategies on community services that are
important enough to include in this section.
Mr. Cilimberg pointed out that you could consider JAUNT as a community service
Ms. Higgins stated that JAUNT was an excellent service that now reaches outlying properties in
the County, which was heavily depended on. She asked besides that if there was anything else
that would have provisions such as the parks that would be a part of that.
Mr. Cilimberg stated that community facilities and services actually has a section in the plan
already in the Facilities Plan, which would be before the Commission very soon with some
amendments. The Facilities Plan speaks to how to provide those services, which are not specific
to the rural areas, but to the County at large.
Ms. Catlin stated that next topic was the Fiscal and Tax Tools. Under Strategy 1, it established a
committee to review the County's use -value taxation program and revise the program within the
framework of state enabling legislation to ensure that it supports rural area policy goals and does
not subsidize residential development or other activities that are counter to rural area goals. She
asked what the Commission's reaction was to that strategy.
Mr. Rieley stated that there was an implication in this that there is something wrong with the
existing program if it needs revisions. He asked what concerns were being expressed about the
existing program.
Ms. McDowell stated that she had heard quite a number of concerns. She pointed out that the
letters in front of the Commission mention different concerns about use value and the different
ways to implement it. There has been some talk of use/value only being allowed in the
Agricultural/Forest District. She pointed out that there was one letter that addressed that, which
was received today. There has been some concern about use/value being given to parcels in the
development areas and the size of the parcels. It was suggested that they look at it closely
through a committee because it was such a big issue. She stated that this issue deserves a
committee approach to look at it and see if there are other ways or better ways for the County to
give use/value so that it fulfills the policies in the Comprehensive Plan.
Mr. Cilimberg stated that he was not a component of any of the arguments, but that the greatest
criticism has been that it was essentially a tax break for the ultimate development of land and that
it could be utilized in development areas, which was a great concern. Some have argued that if
the County takes the amount that was not collected each year that they could end up with a much
larger acquisition conservation program. Now whether that would realistically be possible and
whether there would be a demand for that much additional revenue generated if they had
use/value reduced, that he could not say. That is something that they would have to look at. He
V*ft►` pointed out that a few years ago he was involved with an effort with the General Assembly to get
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 128
the use/value taxation modified so that it would not be available in areas designated for urban
development, but that failed and did not happen. But, that was an effort that Albemarle County
made. There is a lot to be considered by a group. This does not mean necessarily that the
County is abandoning use/value taxation, but that there are some identified issues that people
have raised that might not even be within the control of the County. It may be an emphasis for
further efforts of the General Assembly.
Ms. Higgins stated that an example would be that if you have 50 acres in Land Use and use the
subdivision rights to create residential lots. Then you would have the roll back tax of the land use
for the previous five years. In addition, there would also be a different tax base on that same land.
All of that plays into the issue of how much incentive you give. The part that you get to defer is a
great incentive to keep land in agricultural/horticultural/silvacultural uses. Therefore, there is sort
of a trade off. She asked if the penalty could be increased by the number of years that the taxes
can be rolled back.
Mr. Cilimberg pointed out that increasing the number of years has also been discussed.
Ms. Higgins pointed out that the rollback tax penalty was something that people hardly think
about. She suggested that these issues go to a committee to be reviewed since the issues were
so complex.
Ms. Catlin stated that the feeling of the Commission was that the idea of having a committee look
at this, review it and possibly change it was a valid one, and the Commissioners agreed.
Mr. Rieley stated that the only issue related to this that caused him some perplexion was the idea
that if the land was fallow that under this proposal that this parcel would not qualify. But, if the
property were in agriculture, in other words if it had fertilizers and pesticides dumped on it that
added to our downstream water quality, then it would qualify. He stated that it was very hard for
him to understand why that would be more in the public's interest than having land which is
soaking up and providing cleaner water. He pointed out that is a conversation issue that could
take place in this committee.
Ms. Catlin stated that the Commission agreed with Strategy 1 and the intent there, and the
Commissioners agreed.
She stated that Strategy 2 was a more specific issue for revising standards for open space, which
was to allow other qualifications in there.
Mr. Rieley pointed out that this was an issue that Tom Oliveria brought to their attention a few
months ago.
Ms. Catlin asked if the Commission was in agreement with Strategy #2, and the Commissioners
agreed. She stated that they would go back to sections a) and b) of Land Use Patterns, density
and residential development and the two outstanding issues were the timing of development
rights and the large lot sizes, which was on page 2.
Ms. Higgins stated that the rule that went into 1980 was a really good one. They have a lot of
tools to exhaust before they say that it is not good enough. But, that buying development rights
truly just to eradicate development rights was something that they should not stress with the tax
basis to put some money into some other conservation by right clusters. She stated that there are
five or six things to do before you change this.
Ms. Catlin stated that what she was hearing was that the fundamental issue is how comfortable
the Planning Commission is with eliminating development rights through a strategy like this and
whether they go with a formula or whether they go through it one way or the other. She asked if
far' any of the others feel strong enough that you would like to see this strategy softened a little bit so
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 129
that it was examining alternatives like a sliding scale or like a rural preservation formula. But,
what the ultimate intent was that rights were going to be eliminated and whether the Commission
wants to see a strategy that reflects that or not.
Mr. Craddock pointed out that during the public hearing that the only person who spoke in support
of the 50 acres was Bessie Carter and the remaining persons wanted to keep it at 21 acres,
which includes the Farm Bureau from their letter submitted. The strongest thing that they could
do is the ACE Program to pick up the development rights and to allow the farmer to stay on the
land to farm it. It is the farmer's right to seek those rights. He stated that just to go from 21 to 50
acres that he could not support.
Ms. Joseph stated that she sat on the ACE Committee and they had to discuss ways to get
people to apply. She pointed out that program might not be their salvation because a lot of
people don't want to put easements on their properties.
Mr. Morris suggested that they create a formula that people can understand and work with, but
also encourage the clustering concept so that they have more acreage in conservation that can
be used elsewhere. Therefore, they would not end up with a group of 21 or 50 acre lots, but a
number of 2 acre or 1 acre lots with plenty of land around it. He felt that if they could come up
with something like that, then he would suggest that they should strive for it.
Ms. Catlin asked if the Commission would like to have something as Mr. Morris tried to reflect,
which was what Mr. Rieley was saying. She asked if that was a doable thing.
Ms. Higgins asked if they all agreed that cluster development was better than the traditional
development, and the Commissioners agreed. She asked if there was some way that they could
give incentives to cluster development instead of traditional development or for adjoining
clustering.
Mr. Rieley stated that he would go farther than that and require the clustering. He suggested that
they have a maximum lot size instead of a minimum lot size. They should limit the total number
and find a fair equitable way to do it.
Mr. Cilimberg stated that staff could structure something that would say that rural area subdivision
cluster would be based on providing all 5 of the development rights, and then the 50 acres or 21
acres would be the additional lot acreage. If that is something that you want to do, then it would
not be hard to structure some language in the Comprehensive Plan. The question is that going to
apply to all rural properties or will you have some kind of a break below that. Staff needs some
guidance to put something in the plan even if it was nothing more than it was now.
McDowell asked if it was all about preserving the acreage and not addressing the density or a
combination.
Ms. Higgins asked if they could pursue cluster developments as more of the standard rather than
the exception and then look at ways to address the development right issue. She suggested that
they take all the items, package them up and send them on to the board with the exception of
these last two items.
Ms. Catlin stated that they were at the end of their time. She asked if the Commission wanted to
take a shot at this.
Mr. Rieley asked staff to come back to the Commission with language with the Rural Preservation
Development calculated upon 5 development rights with 50 acres and above just as a
mathematical basis for their determination. He asked staff to not only come back with that
language itself, but also with the implications to address the issue of fairness.
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 130
Ms. Catlin left the meeting at 7:15 p.m. She pointed out that the Commission could continue the
discussion if they wanted to.
Ms. Higgins suggested that staff provide calculations for the way it was done now and then at 50
and 100 acres.
Ms. Cilimberg stated that staff could give the Commission the same illustration under the new
provisions so that they could see how that compares.
Ms. McDowell stated that they would need another work session to continue the discussions.
The following is a summary of the Commission's discussion:
IV. Infrastructure/Community Services
a. Transportation (page 47)
Strategy 1: Pursue the Rural Rustic Roads Program as an alternative to the Pave -
In -Place program. The Rural Rustic Roads Program is a more environmentally
friendly and less costly way than the Pave -In -Place Program.
It was the consensus of the Commission that Strategy 1 would be changed to include: For those
roads designated to be paved, pursue the Rural Rustic Roads Program as an alternative to the
Pave -In -Place Program.
a. Water and Sewage Disposal (page 49)
Strategy 2: Re -consider the use of central water and septic systems. In particular,
rural preservation developments should utilize central systems where the site's
groundwater suggests that employing a central system would be the most
sustainable approach. A Rural Utility District should be created by the County to
ensure proper operation and maintenance of any such central system.
It was the consensus of the Commission that staff would rewrite Strategy 2 using Mr. Benish's
prior comments and including language about the use of individual alternative systems to leave it
open for future possibilities. Staff will bring the revised text back to the Commission for further
discussion and review. If the Commission feels that they need further clarification, Mr. Hirschman
could be asked to make a presentation.
Strategy 3: Tools should be used to achieve water protection at a specific rural
preservation development site including using community open space for reserve
drainfields and/or well fields.
It was the consensus that the Commission sees that Strategy 3 needs to align with and reflect
what was happening with the Strategy 2 up above.
V. Fiscal and Tax Tools (Page 52)
Strategy 1: Establish a committee to review the County's use -value taxation
program and revise the program within the framework of state enabling legislation
to ensure that it supports rural area policy goals and does not subsidize residential
development or other activities that are counter to rural area goals.
It was the consensus of the Commission that the idea of having a committee look at this complex
issue and maybe change it was a valid idea.
Strategy 2: Revise the standards for the Open Space category of the use -value
14" taxation program to allow landowners to qualify through the protection of
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 131
environmental resources (such as biodiversity) and ecosystem services (such as
watershed protection), and create a straightforward application process for this
purpose.
It was the consensus of the Commission that the idea of having a committee look at this complex
issue for possible changes was a valid idea.
Sections a) and b) of Land Use Patterns, Density and Residential Development
The two outstanding issues were the timing of development rights and the large lot sizes, which
was on page 2. The Commission did not reach a consensus on these issues and asked staff to
provide additional information for consideration.
In summary, the Albemarle County Planning Commission held a facilitated work session on the
Rural Areas to arrive at consensus regarding the issues, strategies, and objectives contained
within the draft Rural Areas element of the Comprehensive Plan. Lee Catlin facilitated the work
session and assisted the Commission in their review of the topics under Section IV,
Infrastructure/Community Services, Section V, Fiscal and Tax Tools and sections a) and b) under
Land Use Patterns, density and residential development. The Commission reviewed and
discussed staffs outline of the issues/strategies most likely needing discussion. The Planning
Commission as a group provided direction to staff concerning the issues/strategies that they felt
needed further thought and consideration. Staff would then take their comments and suggestions
to work on those sections and translate their concerns into proposed language for the draft. Staff
will make the changes and bring it back to the Commission for review at the next scheduled work
session along with the requested information.
ZTA-03-02 Personal Wireless Service Facilities Phase II — Under the recommendations of the
Wireless Policy, the proposed amendments will allow Tier I facilities by right, with the issuance of
a building permit; Tier II facilities by right with Planning Commission approval based on staff
recommendations; and Tier III by special use permit approval only. (Stephen Waller)
Mr. Waller summarized the staff report. He distributed updated copies of the proposed changes
based on some of the things to the Commission. The amendment that the Commission was
reviewing today would amend the whole section of the Zoning Ordinance that deals with Personal
Wireless Service Facilities under Section 5.1.4. Some of the proposed information to be amended
is provided currently with updates. This is based on some of the things done when staff is
reviewing by right personal wireless facilities. Also, the addition to the zoning text would include
the complication of what has been termed as Tier 1 and Tier II that is provided in the Wireless
Policies, but has not been codified previously. Under current regulations, Tier II facilities, which
are the tree top facilities that they most often see now, would still require the special use permit.
With the language proposed in this zoning text amendment and also what was originally
recommended by the Personal Wireless Service Facilities, the Tier II would now become a by
right facilities with Planning Commission approval based on the recommendations and review of
staff. The staff report contains a brief outline of the changes, including the addition of several
definitions that would be included in the Ordinance, as well as updates of sections. A lot of the
additions would be to codify some of the things that staff has seen before in a lot of staff's
standard conditions of approval. The process for increasing the height of a tree top tower if the
trees around the tower have grown and are now affecting the search provider's ability to send out
a clear signal has been provided in the amendment. Language has been added, which was
omitted, under #2 under the definition for the Tier I Facilities. On page 3 the definition of Tier 1
Facilities says consists of one or more antennas other than the micro -wave dish attached to an
existing conforming structure other than a flagpole. The purpose of the work session tonight is to
basically give the Commission a chance to ask staff any questions that they might have and to
also determine if staff is going in the correct direction with these proposed changes.
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 132
Mr. Rieley stated that currently the Tier II Facilities that comes to the Commission under a special
114W use permit are typically approved at 7 feet above the tree line, but under this provision that would
be by right with 10 feet above the top of the tree. He presumed that their action would go from
being discretionary to being ministerial. If the Commission thinks that something comes before
them and it was perfectly clear that this was no different than 50 other ones that they approved at
7 feet above the top of the highest tree. He noted that his reading of this is that they could not
reduce that height because it was by right.
Mr. Waller stated that it would really be based on the review by staff. There are some cases
where applicants have proposed a 7 feet because 7 feet was adequate.
Mr. Rieley stated that he was presuming that people were going to want to get as high as they
could get because they would have to trim the trees down since the trees grow. If the application
was for 10 feet and the Commission feels that it should be 7 feet. He asked if the Commission
has the capacity to make a substitution with the ordinance proposal.
Mr. Waller stated that the Commission would be able to deny the plan, but they would have to
state the reasons that the plan was denied. He pointed out that language was in the Ordinance.
Mr. Rieley pointed out that he could not see what the basis for their denial could be if the
Ordinance says 10 feet.
Mr. Waller stated that the Ordinance says no more than 10 feet. Staff's recommendation would
be based on what was seen in the field. Currently an applicant comes forth with a special use
permit for 10 feet. If it were skylighted and staff feels that there is an adverse impact that the
applicant has the choice of going forth to the Planning Commission with staff's recommendation
for denial based on what was in the field, or the applicant could move it around. A definition has
been included for skylighting.
Mr. Rieley stated that it was a very simple matter for the Planning Commission to simply alter a
condition. Under this proposal the only thing that the Commission can do is to deny the special
use permit.
Mr. Kamptner stated that two of the requirements of the Tier II standards that the applicant would
need to satisfy on page 9 under d.2 and d.3. The facility shall be sited to minimize its visibility
from adjacent parcels and streets, regardless of their distance from the facility. The facility shall
not adversely impact resources identified in the county's open space plan. Therefore, if either of
those two criteria are not satisfied because of the height of the structure with the tree that the 10
foot distance would be a basis to deny the Tier II facility. Those appear to be the only 2 standards
that might come into play with that 10-foot elevation.
Mr. Rieley stated that when it says 10 feet in the Ordinance and the Commission is put in the
position of having to defend that denial if the applicant has 7 - 9 feet. He stated that was a very
big change. He stated that what they have now works pretty well.
Mr. Thomas agreed that it was a very big change.
Mr. Cilimberg asked would it address that concern if the language indicated that height would be
determined through analysis that connects back to the other standards that it may be less than 10
feet based on that. It would include language that established, in other words, that 10 feet was
the maximum, but that a lesser height may be required based on the circumstances of other
standards as determined by staff and the Planning Commission.
Ms. Joseph stated that might be inferred in the language, but that is not the way that it comes out.
She pointed out that it comes out that you can do 10 feet.
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 133
Mr. Cilimberg asked Mr. Kamptner if that would be allowable
Mr. Kamptner stated that it would provide there was clear criteria that the Planning Commission is
applying to each application.
Mr. Rieley asked if there is a way to adjust the height or approve the height at the given elevation
that is different than the application. In other words, achieve what they achieve now simply by
modifying the condition without being faced with either denying the entire application or not based
on this. Currently the Planning Commission can basically set the height and approve the request
based on the establishment of that condition. He stated that he was worried about their capacity
to do that under the current proposal. He asked if there was a way to address that.
Mr. Waller stated that was not expressed in this language right now.
Mr. Cilimberg pointed out that staff would need to create something along the lines that he
previously mentioned to create a basis for allowing for a less standard.
Mr. Rieley stated that what he was asking for was for that to be something that can be set by the
Commission with staffs recommendation short of simply denying the application, but to be able to
do what they do now.
Mr. Thomas pointed out that the Commission has consistently used 7 feet.
Mr. Rieley pointed out that they used 7 feet even though the Wireless Policy says 10 feet.
Mr. Thomas stated that Mr. Rieley was saying that they were looking for a way to say that it could
be less height.
Mr. Waller stated that staff hoped that there could be some compromise in the field when they
were looking at this relationship to be able to bring the height down if 10 feet did not look good.
Staffs recommendation would be based on the visual impacts. Staff would then bring the special
use permit to the Commission with a recommendation for denial, and hopefully spell out the
reasons for that recommendation.
Mr. Cilimberg stated that what he thought the Commission was saying was that instead of staff
coming with a recommendation for denial that they would like to be able to approve the request
with a recommendation for a lesser height.
Mr. Rieley agreed.
Ms. Sprinkle asked for clarification. If staff looks at a proposed tower and it has a nice
background of evergreen trees behind it what is the difference between 10 feet and 7 feet. She
asked if the Commission was always going to go for 7 feet or would they use 10 feet if they felt it
was appropriate.
Mr. Rieley stated that the way the Planning Commission typically looked at this is that we have
looked for 7 feet because that is enough clearance on the equipment to minimize the visual
intrusiveness. In situations where there were physical constraints that did not allow that to happen
the Commission has gone to 10 feet.
Mr. Thomas pointed out that there had been a few cases where there was a backdrop of the
mountain or trees behind it, but other than a couple of cases the Commission has consistently
stayed at 7 feet.
Mr. Cilimberg pointed out that there have been a couple cases where the Board of Supervisors
**WW granted it to be higher based on the circumstances.
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 134
Ms. Higgins asked if at this point if any of the feedback from the actual antenna application
entities have been included in this.
Mr. Waller stated yes that some of the information that they received from them and some of the
compromises that came out of the Focus Group discussion is provided in this. He pointed out
that not everything that they wanted to see has been provided in this.
Ms. Higgins stated that the Commission had just been handed a letter. She pointed out that
some of these on the surface look fairly straightforward and potentially could be considered. She
asked staff to provide a response so that the Commission could consider whether they should be
considered. For example, 4a on page 4 talks that about the location and dimensions of all
existing and proposed improvements on the parcel. If you on the staff and there is a 60 acre
parcel and this is on a corner that she did not think that made a lot of sense. She suggested that
it should be some area that is associated with this activity whether it was from the parcel's access
point or the location of the tower. She pointed out that there were some good points in the letter,
but noted that she had no experience in reviewing these.
Mr. Waller pointed out that staff has agreed with several of the points in the letter. Between now
and the time that staff goes to public hearing with this that any of these letters received will be
provided in the staff report. Staff will try to respond to the concerns individually.
Ms. Higgins suggested that staff consider providing some flexibility regarding the technology.
She suggested that they consider using some type of formula regarding changes in the height
and width of the equipment.
Mr. Thomas suggested that the Commission review the document by starting with page 2. He
asked if there were any comments or remarks on the staff report.
Ms. Sprinkle pointed out that in the letter from Mr. Gibson he asked staff to add a definition of
antenna array, and staff intends to do that.
Mr. Cilimberg stated that staff would respond to what has been laid out tonight and provide that to
the Commission at the next meeting. He asked that the Commission focus on what they had
before them tonight.
Ms. Joseph asked if there was anything in this section about lighting.
Ms. Sprinkle stated that there was not, but that staff used the same condition that it could not be
lighted except for maintenance periods and then whatever regulations are required by the FAA.
Mr. Rieley stated that the wooden monopoles have a lot less reflectivity for visual impact than the
metal monopoles that really shine. He suggested limiting the by right ones to the wooden
monopoles and make the other materials by special use permit.
Ms. Higgins asked how many monopoles that the Commission had approved that were wooden
as opposed to metal.
Mr. Rieley stated that there had been more wooden monopoles approved. He stated that the
metal poles were substantially more visible and bigger.
Mr. Craddock stated that the more recent ones had been metal.
Mr. Thomas pointed out that the metal monopoles were less expensive.
Mr. Rieley stated that the Commission could specify the color of the metal pole, but since the
poles were shiny that it makes a big difference in the visibility.
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 135
Mr. Thomas stated that he had no problems with either type of monopole as long as it was
colored properly and camouflaged as much as possible.
Mr. Waller pointed out that the panel antennas would still be metal and would have a certain level
of reflectivity as well.
Mr. Rieley pointed out that while coming into town in the morning between the curve of Red Hill
and Hickory you get a flash that was 100 feet long from the top of that pole all the way to the
bottom. There is a flash from that pole that is seen from about 1 Y miles away.
Ms. Sprinkle pointed out that wooden poles were harder to obtain.
Mr. Thomas asked if the rest of the Commission had any problem with the way the draft was
written for the monopole to be wood, metal or concrete.
Mr. Craddock stated that he had no problem with it since it had enough information on the color.
Ms. Joseph stated that on page 5(h) it addresses the location of all existing accessways and the
location and design of all proposed accessways. She asked if there was something in this section
that makes sure that this includes the grading and the removal of the vegetation that is required
because sometimes the access has more of an impact than the pole itself.
Mr. Cilimberg stated that it says the location and design of all proposed accessways.
Ms. Joseph asked if the design is implied that she would see the grading and also the trees, and
Mr. Cilimberg stated that was what they asked for and what they should have.
Mr. Thomas stated that there were places throughout the draft that mentions the department, the
reviewer or the agent.
Ms. Higgins pointed out that on line 5 it lists sign reviewer. She asked if it should be consistent in
that paragraph.
Mr. Kamptner stated that his preference would be the agent who could delegate the authority to
an individual.
Mr. Cilimberg suggested that staff make the use of the agent consistent throughout the
document.
Ms. Joseph stated that on page 5 under # 5 that it states that photographs of the facility site and
all existing facilities within two hundred (200 feet) feet of the site, if any, and the area surrounding
the site. She asked how the applicant would get that information if they were not allowed on the
adjacent property.
Ms. Higgins pointed out that a photograph could be taken 1000 feet away with a zoom lens.
Ms. Joseph pointed out that last week they heard comments from the public that getting
information off site is difficult for the Subdivision Ordinance because you don't always have
permission to get off site.
Ms. Higgins suggested that the wording be changed to say when possible photographs from
perspectives of the area since that was what they were looking for.
Mr. Thomas asked if the applicant had to specify if they used a Tele-lens. He pointed out that the
photographs taken with a Tele-lens were really out of proportion to what you would be seeing.
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 136
cm
He asked what they could do about that. He pointed out that there had been a couple instances
when they could not see the monopole at all from 2 miles away, but the photograph had been
taken with a Tele-lens showing it.
Mr. Rieley pointed out that there was another concern. When the Keswick site was presented the
photograph was taken with a wide-angle lens and it made it look like it was ten miles away.
Everybody was really surprised to see how large it was when the monopole was put in. He
suggested that the applicant should just list what type of lens was used. Most people know that
50-millimeter lens is your normal eye view and then they could take that into account.
Mr. Thomas asked if there were any questions on page 6 or 7.
Ms. Joseph asked if the ARB would review a request if it was Tier I and located on an Entrance
Corridor.
Mr. Cilimberg stated that all permits for properties on the Entrance Corridor would be reviewed by
the ARB.
Ms. Sprinkle suggested that they make that clearer in here. She assumed that the ARB would
want to look at the applications for both Tier I and Tier II for things that would be administrative or
reviewed by the Planning Commission.
Mr. Thomas asked exactly what would an array consist of, which was referred to on page 6 under
# 3.
Ms. Sprinkle pointed out that an array could be different numbers of antennas.
Mr. Waller stated that staff looked at an array as being all in one level.
Mr. Thomas asked if an array was everything that the applicant puts on a tower, and Mr. Waller
agreed. He asked if there were any questions about page 8.
Ms. Joseph stated that in the first paragraph it states that the tree preservation plan must identify
all trees removed on the parcel. She stated that she did not want this to hinder someone in the
rural areas if they had a huge parcel and were removing trees from somewhere else on that
parcel. She stated that an applicant should not be required to identify trees removed on any part
of the parcel that was not related to the specific site area unless it was part of the backdrop.
Mr. Cilimberg pointed out that this says for the installation, operation and maintenance of the
facility. He felt that the intention was for the applicant to show the removal of the trees within the
area of their plan for the installation including access roads.
Ms. Joseph stated that it says that the applicant shall not remove existing trees within the lease
area or within one hundred (100) feet in all directions surrounding the lease area of any part of
the facility. She asked how they were going to ensure that. She asked if an easement would be
required.
Ms. Higgins pointed out that area to be protected would be shown on the conservation plan.
Ms. Joseph asked if that would not require an easement, but would be shown on a conservation
plan that would be enforceable.
Mr. Kamptner stated yes that the conservation plan would be enforceable and would be a
violation of this regulation.
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 137
Ms. Higgins asked how the applicant would know who is required to post a bond. She asked if it
really fair that it was not clear on what criteria someone has to bond and someone does not. She
asked what the criteria were for that determination.
Mr. Kamptner stated that it was not contained here, but that maybe that it needs to be. He
pointed out that it was kind of a middle ground that they moved towards the direction of requiring
surety of all applicants. When the request gets to the Board this requirement would be in place
only if the agent determined it. He stated that he did not recall when this particular criterion was
discussed.
Ms. Higgins asked what would be an example for the agent to make that determination.
Mr. Kamptner stated that if there was a concern that the particular word was received that the
particular facility was no longer going to be used for a wireless facility.
Ms. Higgins questioned how that particular enforcement would work through Zoning.
Ms. Sprinkle stated that she did not know the answer either.
Ms. Higgins asked what happens if the report from the provider does not come in by July 1st and
who would be responsible for taking the tower down.
Ms. Sprinkle stated that staff works with the applicant to try to get their reports in by July 1st
Mr. Kamptner stated that the property owner would be required to post the surety. He suggested
that staff look at the minutes of the Board on that issue.
Mr. Thomas asked staff to provide some feedback to the Commission on that for clarity.
Ms. Sprinkle stated that the owner of the property was always responsible for dismantling it after
it is discontinued. This tells them that they need to get something in their contract with the carrier.
Mr. Thomas asked if there were any comments on page 9.
Mr. Rieley stated that under # 7 on page 10 it suggests that on a metal pole that the cables, wires
and attachments run within monopole. He asked if on a wooden pole there was any way that
they could say that the cables and wires should be on the backside.
Ms. Sprinkle asked how you determine where the backside is.
Mr. Rieley suggested that the wires be placed on the opposite side of the road so that the public
would not have to look at the attachments.
Mr. Cilimberg stated that staff would take their comments and suggestions to work on those
sections and translate their concerns into proposed language changes for the draft. Then staff will
make the requested changes and bring it back to the Commission for the public hearing, which
would be scheduled next. He asked the Commission to forward any additional comments to staff
and they would respond to them.
In summary, the Albemarle County Planning Commission held a work session on ZTA-03-02,
Personal Wireless Service Facilities Phase II. The Commission reviewed and discussed staff's
recommendations and provided direction to staff concerning the issues that they felt needed
further thought and consideration. Staff would then take their comments and suggestions to work
on those sections and translate their concerns into proposed language for the draft. Staff will
make the changes and bring it back to the Commission for review in about two weeks.
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 138
ZMA-03-08 Rio Hills — CCI Rezoning — Request to rezone .85 acres from its original PD-SC
district to a revised PD-SC district (amend the existing Rio Hills Shopping Center application plan)
to allow a two story office building with 10,858 square feet of gross floor area. The site is behind
Rio Hills Shopping Center between the shopping center building and Berkmar Drive. The parcel,
described as Tax Map 45, Parcel 94A, is located in the Rio Magisterial District on Rt. 1403
(Berkmar Drive), approximately .75 miles from the intersection of Berkmar Drive and Rio Road.
The Comprehensive Plan designates this property as Regional Service in Neighborhood 1.
(Margaret Doherty)
Ms. Doherty summarized the staff report. The applicant requested this work section to discuss
their proposal to rezone .85 acres from its original PD-SC district to a revised PD-SC district and
amend the existing Rio Hills Shopping Center application plan. The application plan shows this
area to remain wooded and it also has a landscape plan associated with it to show more
plantings. The intent of the plan when approved was that the developer would build a portion of
Berkmar Drive Extended and then the wooded area would be the buffer between the shopping
center and the residential area on the other side. The applicant has come several years to the
Planning Department and asked to develop this area and what should they do. Staff has
consistently turned the applicant away just saying that this plan shows this area as being wooded
and should remain since that is the recommendation of the Comprehensive Plan. The applicant
has done a lot of work on a plan and fells that his plan is better than leaving it wooded.
Therefore, they want to give the Commission an explanation of why they feel that way. Staff has
done an analysis for the Neighborhood Model, which is included in the staff report. Staff feels
that it is a good application plan, but that the streetscape improvements shown on the plan might
not be possible given the water line that runs along Berkmar. Staff addresses that in the staff
report and that it is a big what if. But, if the water line were the problem, staff feels that most of
the Neighborhood Model principles could be achieved. The larger question for the Planning
Commission is whether the land use change from this wooded buffer to remain to an office
development, which would expose the back of the Rio Hills Shopping Center to Berkmar Drive, if
the benefits would outweigh the costs of that. The reason that the development was shown as the
applicant has it is that the exterior setbacks cannot be changed in the PD-SC District. Therefore,
the applicant was stuck with the building being setback from Berkmar and the parking being
where it was. It is a very tough site to develop unless they did a district where they could be more
creative like the Neighborhood Model District. Since it a small site the applicant does not want to
go to that trouble.
Ms. Higgins asked staff to point out the location of the water main.
Ms. Doherty pointed out the location of the water line on the plan.
Steve Edwards pointed out that it was a service line and not a transmission line
Mr. Thomas asked if the Planning Commission would like to hear from the applicant, and it was
the consensus of the Commission to hear from the applicant.
Steve Edwards stated that he was with McKee Carson who was the engineers and landscape
architects. He pointed out that also present tonight were George Ray, the applicant, and Chuck
Lebo, Manager of Rio Hills Shopping Center. He pointed out that the purpose of the work session
was to determine whether the Commission felt that this property should be developed and to what
extent does it respect the Comprehensive Plan Regional Service designation and the urban ring.
He asked the Commission to also consider what should the urban corridor look like along
Berkmar Drive, is the Neighborhood Model the correct zoning model for this development and
should all 12 principles be considered applicable, is the type of development you prefer and
encourage as a trend setter for this corridor, and is the wooden area really necessary given the
condition and the views that are still apparent from Berkmar to the back of the shopping center
and the roof. The reasons that they feel that this project is a viable one is that it begins to
establish that urban appeal and the pedestrian oriented approach to the future commercial
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 139
development along Berkmar. It replaces what is an unkempt, trashy, semi -wooded site with an
attractive clean commercial office which would also screen more of the shopping center than the
current design. Of the 12 principles outlined by staff there is really no need to respond to
numbers 3, 5, 9, 11 and 12. However, they believe that further explanation and a response is
necessary for the others. Number 1 is pedestrian orientation. Staff notes that they have
extended pedestrian accessibility both to and through the site and to the shopping center. He
pointed out that a cross walk was shown along the front coming down to the front of the building
and then traversing the site and down the hill to the back of the shopping center where a cut
through was located. The cut through would allow pedestrians to access the stores in the front.
He pointed out that extending the sidewalks to Woodbrook Drive would be nice, but as part of the
application they did not feel that would be appropriate. He felt that the plan addresses that issue
because most of the traffic comes from the trailer park, and they have addressed that through this
means. If more sidewalks were added it would require the removal of more trees, which they felt
would remove the existing buffer behind the shopping center. Item 2, adding a ramp across the
service bay would really serve no purpose legally because the stairs here were not ADA
compliant. Therefore, a wheelchair could not go down this slope. Item 4 was regarding parks
and open space. The wooded buffer area would no longer be necessary. Realistically, what
exists and what was on the application plan is not there and is a lot less. Item 6 was regarding
building spaces of human scale. Last Friday they had a discussion with the Rivanna Sewer and
Water Authority's chief engineer. From that conversation she was really optimistic that this
design can actually be accommodated. She expressed a few concerns and they would like to
pursue to the next step and work out those details later in a site plan. Item 7 was regarding
relegated parking. He stated that it might be possible to have a classic strip development, but that
screening and a form of wall plantings lessens the character of that ideal. Regardless of whether
the parking was behind or beside the building, it would still remain screened from Berkmar Drive.
Therefore, they feel that is really not an issue to be applicable to this site plan. He pointed out
that he was not sure about item 8 and would skip over that. Item 10 was regarding
redevelopment. He stated that there was an over emphasis on the back of the shopping and how
it would be visible to Berkmar across the site. He pointed out that with a two-story office building
and between 4 — 6 foot high walls with lots of plantings that the shopping center would hardly be
seen. He pointed out that the only portion of the site that would be visible from Berkmar was right
at the entrance.
Ms. Higgins asked what the circle was in the lower right hand corner
Mr. Edwards stated that is a potential pond for storm water management in case they cannot tie
into the regional detention facility in front of the shopping center.
George Ray, owner of CCI, presented an aerial photograph of the site. He pointed out that the
wooded area only had about 3 Oak trees in that area that had any value. He stated that the intent
for keeping this buffer was primarily to screen the residential from Route 29 in case this R-6
zoned property were developed. He pointed out that there were commercial offices along
Greenfield Terrace with the school and other commercial uses. He felt that the County was
supporting commercial development along this corridor. He stated that this project would provide
more effective screening of the back of the shopping center and he could not understand why the
County would not support this proposal.
Ms. Joseph stated that she had to leave, but wanted to point out that she was on the site with the
applicant today. She pointed out that she walked the property and looked at the wooded area.
The wooded area is not what she felt it should be if it were to serve as a buffer. She noted that it
truly was a trashy area with a lot of undergrowth. There were some Locust, Paradise and Popular
trees. She felt that when you look at that aspect in the Comprehensive Plan and the Land Use
Map that it seemed that they wanted buffers all along Route 29. That makes a whole lot of sense
when you are looking at the commercial that goes back to Woodbrook and Carrsbrook. But, in
this case it did not make quite as much sense. She felt that this could be effectively screened for
that parking area. She felt that more trees could be placed in the parking area down below. She
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 140
stated that those were her thoughts and that she really did not have any problem with removing
that area. The vegetation might have to be increased in the area downhill next to the existing
parking area, however, she did support the removal of this area as a buffer.
Ms. Joseph left the meeting at 8:30 p.m.
Ms. Higgins stated that she looked at this as an opportunity to fill in this area and do a better job
by providing sidewalks and did not have a problem with amending that plan. If there were a water
line issue, then it would have to be worked out. She stated that almost anything would look better
than what was there now. She pointed out that there was an opportunity to get a nice streetscape
along there and asked if there was a way to decrease the setback.
Mr. Cilimberg pointed out that under the Neighborhood Model District they could achieve that.
Mr. Rieley stated that he had been persuaded by those arguments. He stated that there was a
buffer left for a reason and it has gone away. He felt that what replaces it should be as close to
what they were now encouraging as much as possible. He stated that he did not object to the site
being built on, but he would prefer that the buildings be closer to the road. He questioned if the
Neighborhood Model process would be so erroneous that this would be problematic. He asked
staff what they could do to make going through the process of a Neighborhood Model less
omnibus if that is their reservation. It seems that there is a solution here that would be better for
everybody.
Ms. Doherty stated that she did not know that the Neighborhood Model District has to be so
difficult. That has not been done previously for a small site, but that a Code of Development
would not be necessary.
Mr. Cilimberg stated that they were talking about the right vehicle to use under the Zoning
Ordinance. It was not about the Neighborhood Model policies, but about the Neighborhood
Model District, which was the only district that provides flexibility to do more than what they can
do under PD-SC. He pointed out that they were really talking about the relationship of the
buildings to the road and the Neighborhood Model would provide more flexibility for that in the
design.
George Ray stated that he would like to set the building up closer to the street, but did not want to
get in a difficult position by opening up a new can of worms because he was going first with a
small site.
Mr. Rieley stated that it important for them not to make this difficult for the applicant in order to get
this set in place.
Mr. Craddock stated that the buildings would definitely look much better located closer to the
road, which what they were trying to get. He agreed with Mr. Rieley that the process should be
made easy for the applicant to obtain the Neighborhood Model District.
Ms. Cilimberg pointed out that staff and the applicant would have to set down and look at what
the Neighborhood Model District would entail and then the Commission could make that decision
whether to make that change.
Ms. Doherty pointed out that since this was all one parcel that goes all the way to Woodbrook to
the mobile home park that this was the only opportunity for the County to be able to get the
sidewalk extended all the way to Woodbrook.
Ms. Higgins suggested that they incorporate the mobile home park
ALBEMARLE COUNTY PLANNING COMMISSION — FEBRUARY 24, 2004 141
George Ray, owner of CCI, stated that he would be happy to explore the possibility of rezoning
the property to a Neighborhood Model District, but if they run into any obstacles that they could
always pursue PD-SC zoning. He expressed concern about potential conflicts with the Sign
Ordinance because the sign on this property has always been on the same site as the parking lot.
In summary, the Planning Commission held a work session on ZMA-02-08, Rio Hills-CCI
Rezoning, to discuss the applicant's proposal to locate a two story office building with 10,858
square feet of gross floor area. The Commission held a discussion with staff and the applicants
about the proposal and provided comments and suggestions. The Commission was in general
agreement with the proposed concept of allowing an office building to be located in the area
shown on the application plan as "to remain wooded" and asked staff to work with and provide
guidance to the applicant regarding making an application for a Neighborhood Model District to
see what it would entail. The Commission asked that they also address the various issues such
as setbacks, parking, sidewalks, etc. The Commission felt that the Neighborhood Model District
would provide more flexibility for the development and would be beneficial all the way around.
Old Business:
Mr. Thomas asked if there was any old business
Crozet Master Plan:
Mr. Cilimberg stated that the meeting date for the Crozet Master Plan has been moved from
March 16th to March 23rd to accommodate all of the Planning Commissioner's schedules.
Subdivision Ordinance Discussion:
Mr. Cilimberg stated that staff reviewed the schedule and found that the Commission could
review the Subdivision Ordinance Amendments at the March 30th meeting. Since Mr. Edgerton
already said that he would be absent, he asked if the Commission wanted to move the hearing
into April so that all the Commissioners could be present.
Mr. Thomas stated that he felt that they should try to accommodate all seven of the
Commissioners so that everyone could be present.
Mr. Cilimberg asked that if any Commissioner was going to be absent in April that they let staff
know in advance. He stated that the Subdivision Ordinance would probably be scheduled for the
first week in April.
There being no further old business, the meeting proceeded
New Business:
Mr. Thomas asked if there was any new business. There being none, the meeting proceeded.
Adjournment:
With no further items, the meeting adjourned at 8:55 p.m. to the March 2, 2004 meeting.
J-�, A4AI4- 0-IL11-t4l
V. Wayne Cilimb rg, Secretary
(Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.)
ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 24, 2004 142