HomeMy WebLinkAbout06 21 2005 PC MinutesAlbemarle County Planning Commission
June 21, 2005
The Albemarle County Planning Commission held a meeting and a public hearing on Tuesday, June 21,
2005 at 6:00 p.m., at the County Office Building, Room 241, Second Floor, 401 McIntire Road,
Charlottesville, Virginia. Members attending were William Rieley, Rodney Thomas, Calvin Morris, Jo
Higgins and Pete Craddock. Absent was Bill Edgerton, Chairman; Marcia Joseph, Vice -Chair; and David
J. Neuman, FAIA, Architect for University of Virginia.
Other officials present were Wayne Cilimberg, Planning Director; Elaine Echols, Principal Planner; Judy
Wiegand, Senior Planner; Bill Fritz, Development Process Manager; and Greg Kamptner, Assistant
County Attorney.
Call to Order and Establish Quorum:
Mr. Cilimberg called the regular meeting to order at 6:00 p.m. and established a quorum. He asked for a
nomination for an Acting Chairman for the evening.
Mr. Rieley nominated Mr. Thomas to act as Chairman for the evening.
Ms. Higgins seconded the motion.
The motion carried by a vote of (5:0). (Edgerton, Joseph — Absent)
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.
There being none, the meeting moved on to the review of the consent agenda.
Consent Agenda:
a) ZTA-1999-006 Special Events — Revised draft ordinance according to the recommended Planning
Commission changes from their May 24, 2005 meeting. (Rebecca Ragsdale) (For Information Only)
b) SDP-2003-086 University Village Phase 3 Preliminary Site Plan — Critical Slopes Waiver Request
(Stephen Waller) (Tax Map 06062, Parcel 1)
Mr. Kamptner pointed out that if anyone did not get Ms. Ragsdale's email today, that ZTA-1999-006,
Special Events, was listed on the consent agenda for informational purposes only and not for action
Mr. Thomas asked if any Commissioner would like to pull an item off of the consent agenda for discussion
or if there was a motion.
Mr. Morris moved for acceptance of item b on the consent agenda.
Mr. Craddock seconded the motion.
The motion carried with a vote of (5:0). (Edgerton, Joseph — Absent)
Items Being Deferred:
ZMA 2004-011 Charlottesville Power Equipment (Sign #37) - Request to rezone 2.142 acres from C-1
(Commercial) to HC (Highway Commercial) to allow 12,000 square feet of commercial use in two
buildings with proffered plan. The proposal also includes requests for outdoor sales and display and fill in
the floodplain (see SP-04-36 and SP-04-37).
ALBEMARLE COUNTY PLANNING COMMISSION — JUNE 21, 2005 387
AND
of the Zoning
SP 2004-036
Charlottesville Power E ui men — Fill � nce wi h Sectthe ion 30.3 05.2.2(3)Request or a
special use permit to allow fill in the floodplain in accor a
which allows for filling of land. See concurrent requests, ZMA-2004-11 and SP-2004-3 .
Ordnance AND
which would be
harlottesville Power E ui ment —Outdoor ociated wit hpermitted'uses37 -Request or
SP 2004-37 C of the Zoning Ordnance
a special use permit to allow outdoor sales and displayth is located in the Rivanna Magisterial District
visible from an Entrance Corridor Streeet in
celsr4A1can ith Section 30.6.3.2(b) East behind McDonald's
The property, described as Tax Map
Plan designates this property as Regional Service, in Neighborhood
on the northwest corner of the intersection of Route 20 and Route 25 2005.
Restaurant. The Comprehensive
Three. (Judy Wiegand) APPLICANT REQUESTS DEFERRAL TO JULY 26,
2001 SP-2004-036 and SP-
Mr. Thomas stated that the applicant has requested deferral of ZMA-2004
2004 37, Char
lottesville Power Equipment to July 26, 2005.none,he closedtt that
public hearing to bring the
Therefore k to the Commission I
c cO
mattd for for discussion and a possible action.
matterr baba
Ms. Higgins asked why the applicant requested the deferral.
Mr. Thomas pointed out that staff had indicated that the applicant was working with an adjoining neighbor.
He asked Ms. Wiegand to explain the situation to the Commission.as been working to clear up some grading
Judy Wiegand, Senior Planner, stated that the applicant h
property owner. The applicant has taken the project before the ARB, but they
issues with an madjacent ake some changes to the plan depending on whether they are successful in their
may have to
negotiations with the adjacent property owner.
licant's request for a deferral of ZMA-2004-011, SP-2004-
Ms. Higgins made a motion to accep
„W t the app
036, and SP-2004-37, Charlottesville Power Equipment, to July 26, 2005.
Mr. Morris seconded the motion.
The motion carried by a vote of (5:0). (Joseph, Edgerton — Absent)
Mr. Thomas stated that the Planning Commission deferred the requests to June 26, 2005.
Regular Items:
- 09 Cedar Hill Mobile Home Park Re -a roof aval nespansioln of aUse nexrist g Mobile Home Existing
SP-2005 0 Request for reapproval
Mobile Home Park(Sian #321 - Req 32 parcel g contains hick
n accordance with Section 15.2.2.14 of the Zoning Ordinance
from 77 lots to 10h l e subdivisions. SP 03-06) property, described as Tax Map approximately one quarter mile
allows for mobile home subdivisionss{ The
District at 2073 Cypress Drive,
he propertyis zoned R-4
acres, and is located in the Rio Magisterial d. ro ertis also zoned EC
south of the intersection of Route a9 acres are zoned and North Park
R Light Industrial. acres
property
Neighborhood Density
residential and the remaining 4.82
Entrance Corridor. The Comprehensive (Elaine EPlan chols) designates this property a
Residential in the Hollymead Community.
kin sewer arrangements. He is still in the
summarized the staff report. This request previously came before the Planning Commission
Ms. Echols s Icant has been working on 9
on May 6, 2003. The app Ian for a sewer easement did not p
ettin the
process of negotiating an easement for sewer. The original game ark. During the time that
the sense that there potentially was a better route. Therefore, he is working 9 9 g
out n provide sewer to the mobile home p applicant is actually
arrangements made for the better route use permit has actually expired. So the
he has been working on that the special388
ALBEMARLE COUNTY PLANNING COMMISSION — JUNE 21, 2005
asking for a reapproval basically of the original special use permit. Staff has provided a copy of the staff
report plus the set of conditions, which were the same conditions that were previously approved. Staff
would also like to ask the Commission to reapprove the waivers and modifications that are in your staff
report, but not in the recommendation for action. Copies of the minutes were distributed at the beginning
of the meeting, which notes excerpt from the minutes of May 6, 2003. On the second page it lists all of
the waivers and modifications that the Commission previously granted. She recommended that the
Planning Commission reapprove the special use permit, SP-03-06, with the conditions listed in the staff
report, which allowed the 32-lot expansion of the Cedar Hill Mobile Home Park. Also, she recommended
approval of the waivers and modifications that are listed both in the staff report and in the Planning
Commission minutes of May 6, 2003. If there are any questions, she would be happy to answer them.
This is one of those projects that a previous planner worked on and she was working to bring it back to
life.
Ms. Higgins stated that it was good that staff brought a copy of the waivers. On page 2, under Section
15.4.3, it says that the applicant shall enter into an agreement with the County in showing that the lots will
be available for low or moderate cost housing for a minimum of five years. She asked if the applicant
entered into that agreement. They need to make sure that agreement will now start over since the project
never occurred and the five years only has a short time left on it.
Mr. Beard stated that he had.
Ms. Echols apologized because that was not one from Section 5
Ms. Higgins stated that it had to do with the density bonus factor and in reapproving this without
addressing when the five years would start. She felt that the five years would start when the Board
approves the special use permit. But, since it is an agreement they would have to make a statement of
some sort to make sure that the agreement is kept.
Mr. Kamptner stated that he was aware of only two rental rating agreements that he had prepared. One
of those agreements was sent out today. He asked if they had a different representative. One thing
about the standard after having done two similar agreements is that the five year period starts from the
date of the issuance of the Certificate of Occupancy.
Ms. Higgins stated that they need to confirm that there is an agreement and that it reads the same way as
the current ones. This was not a big issue, but affordable housing is the reason why the request was
supported.
Ms. Echols asked Mr. Kamptner is he had a recommendation of how they would handle that. If they keep
the same language it continues to start on the date of the issuance of the Certificate of Occupancy.
Ms. Higgins pointed out that it does not say that in this statement or in these minutes.
Mr. Kamptner stated that the condition needs to impose the term of the agreement because ultimately the
Board has approved a form rental rate agreement. It would have to be consistent with that.
Ms. Higgins pointed out that this one was less clear because it was done a while ago. It just says shall
enter into an agreement. By this time it should have already been an agreement and now they might
want to consider changing some language within it.
Mr. Rieley stated that in their action it should say they want the clock to begin upon the issuance of the
Certificate of Occupancy.
Mr. Thomas asked if any other Commissioner had any questions. There being none, he opened the
public hearing and invited the applicant to come forward to address the Commission.
Ray Beard, owner of Cedar Hill Mobile Home Park, stated that Ms. Echols has stated their reasons very
eloquently and he could not add to that. He asked to address the bonus density and the low to moderate
ALBEMARLE COUNTY PLANNING COMMISSION — JUNE 21, 2005 389
income issue. It is his understanding that it should start when the spaces are occupied. After the Board
of Supervisor's approval he asked if they could tell him what the rate was. They said no that they could
not. He asked the Board how they could tell him that he could have a bonus when they could not tell him
how much the rent. He noted that he could not understand that. The Board said to give them some more
time and they would find out. In sixty days the Board called him and said that including utilities the low
and moderate income starts at $325. Then he could take off the utilities of $125, which makes the base
rent about $200. That, of course, was two years ago. Therefore, he did not know what it would be now.
But, he would guess that they would have to go back and reconsider that, but he did not know where the
Board had gone to get that information. The Board also told him that it did not have to pertain primarily to
the new spaces. But, it could also pertain to the existing spaces. The agreement did not have to name
any particular lot for any length of time except for a year. It could be different lots for every year. The
agreement did not have to designate the same lots as long as there were 30 percent of the lots used for
low to moderate income. The new lots would probably go up in price because they will be a little bigger
and there is obviously more money involved.
Ms. Higgins stated that he was saying 30 percent, but it was not clear how many lots that would involve in
Section 15.4.3. It says meet certain criteria for low to moderate cost housing, but it does not say how
many of the lots or whether it applies to the older of the newer lots. She suggested that some clarification
be made to that before the request goes to the Board.
Mr. Beard stated that in the planning book it says that in order to ask for a density bonus that you have to
agree to have so much of a percentage of low to moderate income housing, which he thought was 30
percent.
Ms. Higgins asked staff to clarify that issue between now and when the special use permit request goes
to the Board. She felt that would be very helpful.
Mr. Thomas asked if there were any other questions for the applicant. There being none, he asked if
there were any other members of the public present to speak on this application. There being none, he
closed the public hearing to bring the matter back before the Commission for discussion and a possible
action.
Ms. Echols asked that the Commission also reapprove the waivers and conditions granted with the
previous special use permit request. She provided a copy of those waivers and conditions from the
6/5/03 Planning Commission meeting minutes to the Commission.
Mr. Rieley moved for approval of SP-2005-009, Cedar Hill Mobile Home Park Extension of Special Use
Permit, subject to the conditions recommended in the staff report.
1. Pending the satisfaction of all conditions of approval for the special use permit and modifications
and waivers, a maximum of thirty-two (32) new mobile home lots shall be allowed in the mobile
home park. Those new lots shall be arranged generally in the areas and configuration shown on
the application plan, dated January 27, 2003;
2. No mobile home units shall be relocated or installed, nor shall any new construction activity take
place in the expanded area as illustrated on the application plan dated January 27, 2003 until
after a site plan has been approved. No change in unit location shall occur on the existing or
expanded areas without a site plan approval;
3. A landscape plan shall be submitted for review with the required site plan; and
4. The stormwater and utility improvements illustrated on the application plan dated January 27,
2003 may be adjusted as approved by the agent on the final site plan if the agent determines the
adjustments to be more site sensitive, environmentally sensitive, visually sensitive, and less
obtrusive method to achieve the same results.
Ms. Higgins seconded the motion.
ALBEMARLE COUNTY PLANNING COMMISSION — JUNE 21, 2005 390
The motion carried by a vote of (5:0). (Edgerton, Joseph — Absent)
�"Wvft ` Mr. Thomas stated that SP-2005-009 would go to the Board of Supervisors on July 6, 2005 with a
recommendation for approval.
Regarding the waivers and modifications:
Mr. Rieley moved for approval of all of the waivers, including the addition of the language "after issuance
of a certificate of occupancy" to 15.4.3.
Mr. Thomas asked if the date 5/6/03 needed to be included in the motion so that it reads, "Mr. Rieley
moved approval of all of the waivers granted on 5/6/03..."
Mr. Kamptner stated that it needed to be included. He asked staff if his condition was included back in
2003.
Ms. Echols stated that it was.
Mr. Morris seconded the motion.
Mr. Rieley amended his motion to add the date May 6, 2003 to the motion.
Mr. Morris seconded the amendment to the motion.
The motion carried by a vote of (5:0). (Edgerton, Joseph — Absent)
The approved waivers and modifications from the 5/6/03 meeting in addition to the amendment to 15.4.3.
are copied below:
1. Section 5.3.3.1: Modification to allow for the reduction in the 4,500 square foot area and required 45-
foot width for the 73 existing unit locations. No conditions recommended.
2. Section 5.3.4.1/ 5.3.7.1: Modification of the requirement, which states that each mobile home shall be
located on a mobile home lot, and that the lot shall provide space for outdoor living and storage and may
provide space for a parking space. This waiver shall only apply to existing lots.
3. Section 5.3.4.2: Modification to allow the existing lot 109 to remain, without frontage on an internal
road. Adequate access shall be provided to this lot from a private driveway.
4. Section 5.3.4.3: Modification to allow for a reduction from the required 50 feet of minimum distance
between a mobile home and any service or recreational structure to be used by more than one unit. The
recreation area shall be screened in accordance with the standards of section 32.7.9.8.a of the Zoning
Ordinance.
5. Section 5.3.4.4: Modification to allow for the reduction of the 30-foot minimum distance between
mobile home units. Fire hydrants shall be provided with the final site plan and installed in conjunction with
the improvements shown on the final site plan.
6. Section 5.3.5.2: Modification to allow both existing and proposed mobile homes to be located within
the 50 foot required setback when the mobile home park is adjacent to a residential or rural area district.
Screening along the rear of lots 32-38 shall be provided in accordance with the standards of Section
32.7.8.9a of the Zoning Ordinance.
7. Section 5.3.5.3: Modification to allow for a reduction of the 15 foot minimum setback from the right of
way of internal private streets, common walkways, and common recreation or service areas. This
distance may be increased to twenty-five feet for mobile homes or structures at roadway intersections
and along internal public streets. This modification shall be conditioned to apply only to the existing lots.
ALBEMARLE COUNTY PLANNING COMMISSION — JUNE 21, 2005 391
8. Section 5.3.5.4: A modification to the required 6 foot set back from any mobile home space lot line.
vow -%Nv, This modification shall be conditioned to apply only to the existing lots.
9. Section 32.7.2.4: A waiver of the requirement for a development of 50 of more dwelling units that
reasonably direct vehicular access shall be provided from all residential units to two (2) public street
connections. Staff recommends that approval of this waiver be conditioned upon the following: 1) An
emergency access shall be constructed connecting Cedar Hill Mobile Home Park with the access drive to
Ennstone prior to any building permits being issued for any new mobile home units; 2) The applicant shall
submit to the county a legally binding contract permitting use of the Ennstone access drive for emergency
access; 3) When the access road to Northside Drive is constructed, the applicant shall construct the
connection from the Cedar Hill Mobile Home Park to the new access road as shown on the application
plan dated January 27, 2003. Items 1 and 2 are to be submitted with the site plan for review prior to final
site plan approval.
10. Section 15.4.3: This code section provides a density bonus for low to moderate cost housing,
including for mobile homes in an approved mobile home park, provided the development meets certain
criteria for low to moderate cost housing. The applicant shall enter into an agreement with the County
ensuring that the lots shall be available as low or moderate cost housing for a minimum of 5 years from
the issuance of a certificate of occupancy.
Mr. Thomas stated that the motion carries and will go to the Board of Supervisors on July 6, 2005.
Mr. Cilimberg asked to just clarify for the record that these are Commission waivers and they are not
acted on by the Board. He stated that he was not sure if 15.4.3 even needed an action because it is an
administrative process in our Zoning Ordinance that allows bonus density and it has to follow the Zoning
Ordinance requirements. He stated that he was not sure why there was an action then or why it was
even needed as an action tonight. But, Mr. Kamptner recently prepared such an administrative
„ agreement that did not need to be granted by the Board or the Planning Commission.
Mr. Kamptner stated that was correct
Ms. Higgins stated that since they were redoing the special use permit they wanted to make sure that the
agreement is looked at and dated accordingly.
Mr. Cilimberg stated that would happen as part of the procedure. But, what he said that was saying was
it may not even need to be dealt with before the Board's meeting other than to make sure that the
applicant understands how the agreement is processed with the County.
Mr. Rieley stated that in that case the minutes be reflective of the Planning Commission's desire that the
agreement for affordability for a period of five years be connected to the Certificate of Occupancy.
Old Business:
Mr. Thomas asked if there was any old business.
Ms. Higgins stated that Ms. Joseph had brought up a suggestion previously about how to handle minutes.
The suggestion was that the minutes be divvied up so that each Commissioner was assigned one set to
thoroughly review. She pointed out that she skimmed all of the minutes, but that sometimes she gets
overwhelmed. Therefore, she thought that Marcia's idea was a good one particularly due to the large
volume of minutes. She asked how the other Commissioners felt about that.
Mr. Craddock stated that would not preclude others from reviewing the minutes.
Ms. Higgins stated that it would not preclude anyone else from reading them. She suggested that the
minutes be assigned on a list so that each Commissioner would read the seventh set. It would be so
ALBEMARLE COUNTY PLANNING COMMISSION — JUNE 21, 2005 392
much easier to know that one Commissioner would be putting a careful eye on the entire set. She noted
that sometimes spell check might miss something and words get misstated.
Mr. Thomas asked Ms. Taylor to send the Commissioners a reminder.
Mr. Craddock offered to take tonight's set of minutes.
Ms. Higgins stated that there were three sets of minutes currently being reviewed for March 29, April 5
and May 3.
Ms. Taylor offered to send out an email to the Commissioners of the minutes to be reviewed with the
person's name assigned to review them.
Mr. Morris stated that it was a great idea to just go down the list.
Mr. Thomas pointed out that in order to approve the minutes that all of the Commissioners need to read
them.
There being no further old business, the meeting proceeded.
New Business:
Mr. Thomas asked if there was any new business. There being no further new business, the meeting
proceeded.
Adjournment:
With no further items, the meeting adjourned at 6:24 p.m. to the June 28, 2005 meeting.
(Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.)
ALBEMARLE COUNTY PLANNING COMMISSION — JUNE 21, 2005 393