Loading...
HomeMy WebLinkAbout09 22 2009 PC MinutesAlbemarle County Planning Commission rrr September 22, 2009 The Albemarle County Planning Commission held a public hearing and meeting on Tuesday, September 22, 2009, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were Marcia Joseph, Calvin Morris, Bill Edgerton, Don Franco, Thomas Loach, Vice Chair and Eric Strucko, Chairman. Absent were Linda Porterfield and Julia Monteith, AICP, non -voting representative for the University of Virginia. Other officials present were Megan Yaniglos, Senior Planner; Wayne Cilimberg, Director of Planning; Scott Clark, Senior Planner; David Benish, Chief of Planning; Gerald Gatobu, Principal Planner; Bill Fritz, Chief of Current Development and Greg Kamptner, Deputy County Attorney. Call to Order and Establish Quorum: Mr. Strucko 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. Strucko invited comment from the public on other matters not listed on the agenda. Neil Williamson, of Free Enterprise Forum, noted that earlier today he attended a presentation by the Advocates for a Sustainable Albemarle Population (ASAP). As he was walking in today he was thinking about the childhood game of leap frog. He thought that it was a lost game since he does not see kids playing leap frog anymore. Some of the charts that the presentation included showed the areas topped out with growth, which is leap frog in the rural areas. He made a point to ask Dr. Claire Jantz afterwards if NOW carbon sequestration recognizes locality boarders and Dr. Jantz said no. In thinking of leap frog he recognized that Albemarle is not an island, which should be taken into consideration. There being no further comments, the meeting moved to the next item. Consent Agenda: SDP-2009-00057 Harris Garage — Waiver The request is for a site plan waiver for a 2,950 sq. ft. four bay garage. The property, described as Tax Map 8 Parcel 35A, contains approximately 3.23 acres zoned (RA) Rural Areas, and is located in the White Hall Magisterial District off Markwood Road (State Route 664) approximately 1200 feet from the intersection of Markwood Road (State Route 664) and Lost Valley Road (Private). The Comprehensive Plan designates this property as Rural Area in Rural Area 1. (Gerald Gatobu) Proposal: Amend a critical slopes waiver condition of approval that requires the applicant to provide mitigation plantings in the stream buffer within three months of approval of the waiver. The amendment to the waiver condition will extend the period required for planting the seedlings in the buffer to April 1st 2010. Mr. Strucko asked if any Commissioner would like to pull this item for further review. Ms. Joseph asked to make a short comment and not pull the application. She apologized to the applicant because the Commission in June should have known approving this for three months to put in little plants in the dead of summer is not a good idea. Mr. Strucko invited public comment on SDP-2009-00057, Harris Garage - Waiver. There being none, the item was before the Commission for consideration. ., Motion: Ms. Joseph moved and Mr. Loach seconded for approval of the consent agenda as ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 1 FINAL MINUTES recommended by staff. 144A` The motion passed by a vote of 6:0. Mr. Strucko said that SDP-2009-00057, Harris Garage — Waiver was approved as follows. The Planning Commission approved the following amendment/modification to the critical slopes waiver condition: 1. To provide storm water management and replenish the buffer, the entire buffer area within the property should be planted in accordance with the Chesapeake Bay Riparian Buffers Modification and Mitigation Guidance Manual no later than April 1, 2010. These shall be bonded as a guarantee of survival for a minimum of 5 years. Regular Items: SDP-2009-00058 Luck Stone Corporation Proposed Entrance & Office Buildinq - Preliminary[ The request is for preliminary site plan approval to relocate the existing entrance for the Luck Stone facility further east, across from the existing Shadwell Convenience Store. The proposal also includes a 1,500 square foot office building, parking, and a weigh station. Associated with this request is a request for the disturbance of critical slopes. The property, described as Tax Map 79, Parcel 7, is in the Scottsville Magisterial District and is located on the southern side of State Route 250 East [Richmond Road], across the road from the Route 22 [Louisa Road] and Route 250 East intersection. According to the Comprehensive Plan this property is zoned Rural Areas [RA] in Rural Area 4, Natural Resources [NR], and Entrance Corridor [EC]. (Megan Yaniglos) Ms. Yaniglos presented a PowerPoint presentation and summarized the staff report. (See Staff Report) • The property is an existing quarry. There is an existing berm along Route 250 that is planted with small to medium evergreen trees. • The item is before the Planning Commission because the applicant has requested waivers for the disturbance of critical slopes. Also, an adjacent owner has called the site plan for review by the Planning Commission HISTORY SP2005-026 Luck Stone Asphalt Plant Relocation- In October 2006 the Board of Supervisors approved the special use permit with conditions to allow relocation of an existing asphalt mixing plant site. SP2006-023 Luck Stone Quarry Flood Control Berm- In October 2006 the Board of Supervisors approved the special use permit with conditions to allow fill in the floodway fringe to allow for a flood control berm. SDP1998-159- Luck Stone Preliminary Site Plan- In March 1999 the Planning Commission approved a site plan and a critical slopes waiver that was essentially the same plan currently under review. The applicant submitted final plans for only a portion of the site plan. The portion that is before the Planning Commission today was not submitted for final approval within a year of preliminary approval, and therefore the approval of the preliminary plat was deemed null, along with the approved critical slopes waiver. The waiver being requested with the current proposed site plan is the same that was granted by the Commission in the review of the previous site plan. Also, the current site plan is the same with the exception of the building being slightly larger than the previously approved site plan, and staff has considered the prior action to grant the waiver as a favorable factor in approving the waiver in this case. SDP1999-063- Luck Stone Final Site Plan -Phase [-Approved final site plan for Phase I. The Planning Commission will need to act on the following Zoning Ordinance Modification and Request: ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 2 FINAL MINUTES 1. Waiver of Section 4.2.5 — disturbance of critical slopes (recommendation, approval) 2. Section 32.4.2- Preliminary Site Plan (recommendation, approval) Staff review has resulted in both favorable and unfavorable findings: Favorable factors: 1. Prior Planning Commission approval of request for SDP-1998-159 and the associated critical slopes waiver. 2. The proposal meets the requirements of Sections 4.2.5(b)(1) and 4.2.5(b)(3). Unfavorable factors: 1. Denial of the waiver would not prohibit or restrict the use of the property. The Planning Commission may grant the modification if it finds that the request has met one of the three requirements in Section 4.2.5 (b). Staff has found that the request for modification meets two of the three requirements, and therefore recommends approval. The preliminary site plan went before the site review committee on August 20th, 2009. The site plan was then called up for Planning Commission review by an adjacent property owner. If the Planning Commission chooses to approve the critical slopes waiver, staff recommends approval of the preliminary site plan with the following conditions: 1. Must meet the requirements of Chapter 18 Section 32.6 for Final Site Plans. 2. Approval by the Architectural Review Board (ARB) of the final site plan. The Planning Commission could add another condition stating that those two entrances will be closed with the western most entrance for emergency access. Since Ms. Porterfield's email staff has talked with the applicant and they are willing to close both entrances and reserve the main entrance that is located further west for emergency access only. This proposal will allow traffic to flow more smoothly and greatly improve the traffic situation on Route 250. The plan will be subject to review by the Architectural Review Board during the final site plan process since the property is located on the Entrance Corridor. However, right now the applicant is proposing a planting plan, slope stabilization of the redesigned berm and entrance. In summary staff finds that the critical slope request has met two of the three requirements and recommends approval. If the Planning Commission approves the critical slopes staff also recommends the preliminary site plan approval. Mr. Strucko invited questions for staff. There being none, Mr. Strucko opened the public hearing and invited the applicant to address the Commission. Tom Gale, of Roudabush and Gale, spoke for the request. The following persons were also present to represent the request: Mat Wetland of Roudabush and Gale; Scott Cook, of Luck Stone and Doug Greybeard. The plan expired because Luck Stone was planning to do all the improvements on Route 22, but ran into a problem getting some of the right-of-way. Subsequent to that the state took the project over and completed it. In that duration the site plan expired, which created the need to have it reviewed again. Essentially, it is the same plan that was approved previously. As Ms. Yaniglos indicated they plan for only one entrance. Ms. Joseph pointed out that in a discussion this morning with Chuck Proctor, VDOT representative who originally reviewed this plan, he recalled that the entrance at the bottom of the hill was going to be right in only when it was approved last time. She asked if Mr. Gale if he could recall. Mr. Gale replied that he did not ever remember just a right in only because it was always his `*•- understanding that Luck Stone was planning on keeping their other entrance open. The plan was to go to one entrance so that they would be able to turn both ways. When this first came up he thought that there ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 FINAL MINUTES cm was a plan to have a light at this location, but that might have come on board a little later on. So that might have changed things. Ms. Joseph asked if the light was going to go up when this opens. Mr. Gale pointed out that L.F. Wood was here and might know because he had a business across the road. Mr. Wood noted that he would speak to that point. Mr. Strucko invited public comment. L.F. Wood, owner of Shadwell Store, made the following comments. • Currently he was waiting for a tenant for the store. He had been a neighbor of Luck Stone since the middle thirties. As had been discussed there has been a safety issue for years with the entrance located in its current location. He had been working with Luck Stone for ten years to move the entrance due to safety issues. They had met with the Highway Department and County officials on numerous occasions. The light has been planned there and basically reviewed by the Highway Department and meets all of their standards for safety and turning lanes. The Highway Department did all of the layout for safety for turning left on Route 22 and going east on Route 250. It is obvious from the site plan and all of their discussions that it is a 100 percent improvement over the years of unsafe trucks coming and going. He hoped that the Commission would recommend approval of the proposal. • All of the critical slope issues have been discussed and seem to satisfy all the ordinance requirements. The entrance is designed so that the operations will not be visible from Route 250. Right now there is a large berm constructed by Luck Stone all along Route 250 with nice planting. The entrance will simply go in and the coming and going will go to the light to totally control the traffic flow. Mr. Luck has really poured his heart into making it work for the safety of the area. Emily Willey said that she and her husband Mitch own Clifton Inn, which is located on Route 729 just below where the new entrance is proposed for Luck Stone. She expressed their concerns regarding the following two issues about the change in the entrance. • The additional industrial heavy truck noise closer to Clifton Inn. • The industrial look from the proposed change that is perceived as the entry way to their business, which is offering a quiet country inn get away experience. Ms. Willey said she hoped that the Architectural Review Board would cover the issue in terms of appearance so that the public would not come into a more industrial looking area than before. She did not know if they were covered on the noise issue due to the noise from the traffic, particularly the heavy trucks with loads waiting and someone going in to Luck Stone, which was a concern for their business. She asked if anyone could provide some assurance to them on these issues. Mr. Strucko noted that the Commission would discuss her questions during their deliberation. There being no further public comment, the public hearing was closed and the matter before the Commission. Mr. Strucko asked that the Commission consider some of Ms. Willey's questions. He asked if the new entrance will be closer to the Clifton Inn operation. Mr. Morris replied yes that the entrance is closer to Clifton, but it was still quite a distance away. Mr. Loach asked what the level of daily truck traffic was on the road, and Ms. Yaniglos replied that she would defer the question to the applicant. Ms. Joseph suggested that Ms. Willey voice her concerns at the ARB meeting. ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 4 FINAL MINUTES The Planning Commission reviewed the location of the entrance on the map with Ms. Yaniglos who noted that the one entrance will be closed and the western most entrance used for emergencies only. Mr. Morris noted that from driving past the current entrances at Luck Stone he felt traditionally they have done an excellent job in masking the operation. From the current entrance the operation can be seen somewhat, but that will no longer be the same case with the new entrance. He was at a loss about the noise level. Mr. Loach noted that the noise level would be the responsibility of the noise ordinance. Mr. Kamptner pointed out that like any land use there are noise standards in the zoning ordinance, which are measured by decibels. He noted that the county's general noise ordinance is unenforceable right now. There is a Virginia Supreme Court decision that found that the standards at Virginia Beach were using the level of noise that disturbs the reasonable person, which was an unacceptable standard. So the county is preparing a new noise ordinance for the Board's consideration, which is probably at least two to three months away. Ms. Joseph said that the noise coming from the quarry operation is one thing, but the noise coming from the truck is another. The county does not regulate the noise coming from the trucks. Mr. Kamptner replied that was correct that the trucks on the road would not be regulated by the zoning standards. Because this is a Natural Resource Overlay a lot of the noise from that particular use are going to be completely exempt or subject to different standards. Mr. Fritz pointed out that the Natural Resource Extraction Overlay District has it own set of noise standards that Luck Stone is subject to. He noted that Mr. Kamptner was correct that it does not cover the noise of the trucks on the road. The reason staff does not know the numbers is that they are not anticipating this to be an increase in the level of activity at the quarry. It is the same number trucks, but just a farther east location where the trucks will be coming in and out, although all east bound trucks would pass that point anyway. Ms. Joseph recommended approval with the third condition of approval in leaving the western most entrance as an emergency entrance. She sympathized with Ms. Willey, but felt that the safety issue trumps the noise at this point in time. Motion: Ms. Joseph moved and Mr. Morris seconded to approve SDP-2009-000058, Luck Stone Corporation Proposed Entrance & Office Building — Preliminary as recommended by staff, with staffs recommended conditions, as amended. Mr. Strucko noted that the amended condition would include that the western most entrance be closed and open for emergency access only. Mr. Kamptner noted that the critical slopes waiver should be considered first. Ms. Joseph moved and Mr. Morris seconded to withdraw the motion. Action On Critical Slopes Waiver: Motion: Ms. Joseph moved and Mr. Morris seconded to approve the critical slopes waiver for SDP- 2009-00058, Luck Stone Corporation Proposed Entrance & Office Building — Preliminary as recommended by staff based upon the findings in the staff report. The motion was approved by a vote of 6:0 Action On Preliminary Site Plan: ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 5 FINAL MINUTES Motion: Ms. Joseph moved and Mr. Morris seconded to approve SDP-2009-00058, Luck Stone Corporation Proposed Entrance & Office Building — Preliminary with the conditions recommended by staff, as modified. 1. Must meet the requirements of Chapter 18 Section 32.6 for Final Site Plans. 2. Approval by the Architectural Review Board (ARB) of the final site plan. 3. The western most entrance to be closed and used for emergency access only. The middle entrance shall be closed. The motion passed by a vote of 6:0. Mr. Strucko noted that SDP-2009-00058, Luck Stone Corporation Proposed Entrance & Office Building — Preliminary site plan and critical slopes waiver was approved. The ARB meeting would be an opportune time for anyone concerned about the appearance of the entrance to weigh in. CCP-2009-00003 Meadow Creek Sewer_ Interceptor Compliance with Comprehensive Plan - Review for compliance with the Comprehensive Plan a proposal to replace and upgrade the existing Meadow Creek Sewer Interceptor. (David Benish) Proposal: To construct two pump stations and sewer line (force main) to replace the Camelot Sewer Treatment Plant. Mr. Benish presented a PowerPoint presentation and summarized the staff report. (See Staff Report) CCP 2009-003 -- Review for Compliance with the Comprehensive Plan (Va. Code 15.2- 2232), Meadow Creek Sewer Interceptor Upgrade A Compliance with the Comprehensive Plan Review (or "2232 Review") is required by the Code of yam,, Virginia and considers whether the general location, character, and extent of the proposed public facility are in substantial accord with the adopted Comprehensive Plan. It is reviewed by the Planning Commission and the Commission's findings are forwarded to the Board of Supervisors for their information. No additional action is required of the Board. The Rivanna Water and Sewer Service Authority is partnering with the City of Charlottesville and the Albemarle County Service Authority to upgrade the existing Meadow Creek Sewer Interceptor which runs along Meadow Creek within the City and County. The interceptor is a large diameter sewer line that serves most of the City of Charlottesville and the northern Urban Area of the County (Neighborhoods 1 and 2). According to RWSA, currently there are capacity, maintenance, access, and environmental issues with the existing line. The existing Meadow Creek Interceptor is susceptible to breakage due to age and undersized capacity. Due to urbanization of the area surrounding Meadow Creek, the character of the stream has changed, which causes erosion around the pipes and unsightly conditions. There has been increasing storm water infiltration, which stresses already at -capacity pipes and creates the need to chemically and physically treat rainwater in the same manner as sewage. This adds to the cost, use of chemicals, and additional nutrient discharge back into the environment. The project will replace the old pipes and add capacity to the interceptor needed to serve existing and future development in the City and the County's Urban Area Neighborhoods (1 and 2). Additional facts about the existing line and the proposed project: • Approximately 4.5 miles of existing interceptor is to be replaced, which was originally built in the 1950's. • Approximately 1 mile of the interceptor upgrade is located in the County. • The existing interceptor consists of 21-inch to 36-inch clay pipe, clay tile -lined concrete pipe, and ' ductile iron stream crossings. • The new lines will be 30-inch to 48-inch pipe. Aerial stream crossings will be eliminated. ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 6 FINAL MINUTES • Approximately 50 percent of the total new interceptor line will be replaced in the same location as the existing line. Almost 100 percent of the new line located in the County will be replaced in the same location as the existing line. • Permanent easement will be 40 feet in width. Replacement landscaping (as per a landscape plan) will be provided along the outer 10 feet on both sides of the permanent easement (a total of 20 feet of the 40 foot easement will be landscaped). Locations and Character of the Site/Area: Two sections of the interceptor project are located in the County. One section runs from just east of the Norfolk Southern Railroad to just east of the Rio Road (See Staff Report Map, Attachment B). This area is located near the Meadow Creek Parkway and linear park area. The line runs south and east and crosses Rio Road near its intersection with Melbourne Road. The stream valley in this area is primarily wooded. The Rivanna Trail Foundation has established a trail along this section of the stream. Mostly residential development is located in the general area, but most of the homes are located some distance away from the stream or on higher elevations above the stream valley. The second area is an approximately 1,000-foot length of the stream and interceptor located adjacent to the Brookmill development, which is located off of Greenbrier Drive, just east of the Senior Center (see Staff Report Map, Attachment C). The interceptor line is located under the fill slopes near the yards of some of the homes that are located adjacent to the stream. This portion of the stream valley is primarily wooded or is an extension of the yards and open space related the Brookmill development. The Rivanna Trail Foundation has also established a trail in this area. Staff Comment: The following Comprehensive Plan goals, general principles are applicable to this project: • Land Use Plan, Facilities Planning section of the Comprehensive Plan 1140. - Goal: Strongly support and effectively implement the County's growth management priorities in the planning and provision of transportation infrastructure, public facilities and public utilities. • Land Use Plan, Utilities Section of the Comprehensive Plan General Principle: Serve Urban Areas, Communities and Villages with public water and sewer. Prohibit private central water and/or sewer facilities within County Development Areas. (Land Use Plan- Public Water and Sewer, P. 114). Staff comment: Residents of the County expect high quality facilities and services. It is recognized that the provision of such facilities and services significantly affects the location, timing, and extent of development and serves to permit and encourage growth to take place within the designated Development Area. This proposal ensures that adequate sewer capacity is available within the Meadow Creek Interceptor to serve the existing and future development in the City and the northern Urban Areas in the County, which supports the Comprehensive Plan's growth management policies. • Land Use Plan, Neighborhood 2 Profile Recommendation: - Retain open space areas in the Meadow Creek floodplain, the area along the proposed Meadow Creek Parkway corridor, the lake and stream system north of Rio Road in the Woodbrook, Carrsbrook, and Northfields areas, and along the Rivanna River floodplain. Staff comment: For the portions of the interceptor located in the County, the upgraded sewer interceptor line will be located in the same location as the existing interceptor. Since the interceptor was constructed %tow in the 1950s, substantial vegetation has been established within the easement for the interceptor. Installation of the new lines will require the clearing of most of the existing vegetation within the ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 7 FINAL MINUTES cm easement area. A landscape plan has been developed for the 40-foot easement. Sub -canopy trees and shrubs will be replanted along the outer 10 feet on each side of the easement. The middle 20 feet will be in ground cover/grasses/vegetation that will be periodically mowed. This configuration is needed to avoid tree root intrusion which can damage pipes and to provide necessary access to the line. Existing trails will be reinstalled within the easement area. In the Brookmill development, the existing interceptor line is located under the edge of the fill area for some of the lots that are located along Meadow Creek. In this area, the new pipes will be installed using a "pipe bursting" method of installation. Pipe bursting is a trenchless method of replacing buried pipelines without the need for a traditional construction trench. "Launching and receiving pits" replace the trench needed by conventional pipe -laying. An expanding device is introduced into the defective pipeline through a launching pit. As it travels through the existing pipeline it breaks the pipe into many small pieces, pushing the pieces into the surrounding soil (or out to the receiving pit). The new pipe is attached to the back of the expanding device, replacing the line immediately. Using this method, no significant grading or clearing will be necessary near this residential area. • Natural Resources and Cultural Assets section, Public Uses and Ecologic Values Objective: Maintain the integrity of existing stream channels and networks for their biological functions and drainage. Protect the conditions of state waters for all reasonable public uses and ecologic functions. Restore degraded streams and wetland systems where possible. Staff comment: Erosion control and management measures will be used to mitigate temporary impacts to the stream during construction. Over the long term, the project will benefit stream quality through the avoidance and elimination of water quality impacts from infiltration and seepage issues related to the existing aged lines. Installation of the new line will address current erosion issues around existing pipes related to shifts in the creek over time. Summary: Staff has identified the following positive aspects of this proposal consistent with the Comprehensive Plan: • The project is consistent with Comprehensive Plan policies to serve Development Areas with adequate public sewer service. • The improvements are needed to provide adequate sewer capacity to serve the City and County's Urban Area (Neighborhoods 1 and 2). • The project is a replacement and upgrade of an existing sewer interceptor line and there is no substantial change to the existing location of the interceptor in the County. • The project will address capacity, maintenance, access and environmental issues related to the operation of the existing sewer interceptor, including infiltration and potential seepage issues. • Replacement and upgrade of the sewer lines is a necessary and inevitable process in the life cycle for this type of infrastructure. Staff has identified the following unfavorable aspect of this proposal as it relates to its consistency with the Comprehensive Plan: • Cutting/clearing of vegetation and grading will take place with installation of the interceptor line. However, the project includes replanting of trees/shrubs within the easement for the interceptor to mitigate this impact. Staff opinion is that general location, character and extent of the proposed upgrade to the Meadow Creek Sewer Interceptor is in substantial in accord with the adopted Comprehensive Plan. ..- Recommendation: Staff recommends that the Planning Commission find the proposed upgrade to the Meadow Creek Sewer Interceptor project in compliance with the Comprehensive Plan. ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 8 FINAL MINUTES Mr. Strucko invited questions for staff. Mr. Edgerton noted that the wonderful technology of pipe bursting is going to be used on part of it and questioned if that is something that could be used on all of it to avoid all of the trenching. Mr. Benish noted that Michele Simpson, of Rivanna Water & Sewer Authority, was suppose to be present, but had not arrived. He understood that would be a pretty expensive process to undertake. Therefore, it is used in those areas where it is more cost effective or there is some substantial environmental issues involved. He offered to look into that issue. Mr. Edgerton noted that the reason he asked is because the only factor that was listed as inconsistent with the Comp Plan was the clearing of existing vegetation. With the pipe bursting it did not sound like there would be any. Mr. Benish noted that it would avoid the grading issue, but that in the maintenance of the easement areas they intend to bush hog the inner 20'. Mr. Edgerton asked if currently there is an easement area clearing maintained on the existing right-of- way. Mr. Benish replied not really throughout. What has occurred along that right-of-way due to its age is a lot of it has grown up. In some locations due to repairs there is a little bit of clearing. There are also a number of trails that have been put into place. There is not a 20' width that is typically there throughout the alignment. There is a root intrusion issue as displayed in the slides. Ms. Joseph asked if the 40' easement currently exists or if it was what they were hoping to get as they go w.► through this process. Mr. Benish replied that they were hoping to get the 40'. Ms. Joseph noted that she was excited to hear that there were trails and asked if it is being looked at in the greenways to try to connect all of these. She asked if they would consider putting landscaping on one side and a trail on the other. Mr. Benish replied that the Authority has been working with the city, Dan Mahon in the county as well as the Rivanna Trails Foundation to ensure that the existing trails get replaced in the appropriate area. He thought that they were looking to those groups to install other sections once the typical easement is established. He noted that The Rivanna Trails Foundation has trails throughout this area already. The effort is to get the trails on the easement so the regular maintenance or bush hogging would help maintain the trail. Mr. Strucko opened the public hearing and invited the applicant to address the Commission. Since Mr. Benish represented the applicant he asked for public comment. There being none, the public hearing was closed and the matter before the Commission. Ms. Joseph asked if this would connect to Albemarle Place, and Mr. Cilimberg replied yes Motion: Mr. Morris moved and Ms. Joseph seconded to find the proposed upgrade to the Meadow Creek Sewer Interceptor project in compliance with the Comprehensive Plan. The motion passed by a vote of 6:0. Mr. Strucko noted that the Planning Commission finds the upgrade to the Meadow Creek Sewer '•► Interceptor project, as proposed, in compliance with the Comprehensive Plan. ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 9 FINAL MINUTES Public Hearing Items: SP-2008-00031 Old Dominion Equine PROJECT: SP2000800031 Old Dominion Equine Barn & Riding Ring PROPOSED: Relocation of barn and addition of riding ring for existing veterinary practice. ZONING CATEGORY/GENERAL USAGE: RA - Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots); EC Entrance Corridor - Overlay to protect properties of historic, architectural or cultural significance from visual impacts of development along routes of tourist access SECTION: 10.2.2.18, veterinary services, animal hospital (reference 5.1.11 and subject to performance standards in 4.14) COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre in development lots) ENTRANCE CORRIDOR: Yes (Scott Clark) AND SDP-2008-00149 Old Dominion Barn & Riding Ring - Waiver The request is for a site plan waiver to allow an equine veterinary practice. The property, described as Tax Map 50 Parcels 20C and 20D, contains 1.704 acres, and is zoned RA Rural Areas and EC Entrance Corridor. The proposal is located on Route 231 at the intersection of Route 640, in the Rivanna Magisterial District. The Comprehensive Plan designates this property as Rural Areas in Rural Area 2. Scott Clark presented a PowerPoint presentation and summarized the staff report. (See Staff Report) Mr. Clark presented a PowerPoint presentation and summarized the staff report This request is for an amendment of an earlier special use permit for veterinary services in the Rural Areas zoning district. The area is largely made up of large farms, with large open pasture areas and extensive hardwood forests (especially at higher elevations). However, the veterinary office is located within an area of small residential lots. The property is included in the Southwest Mountains Rural Historic District. Many of the surrounding and nearby properties are under conservation easements held by the Virginia Outdoors Foundation. The property is with 1,500 feet of the Blue Run Agricultural & Forestal District and 2,750 feet of the Kinloch Agricultural & Forestal District. Gordonsville Road is an Entrance Corridor. On April 14, 2004, the Board of Supervisors approved SP-2003-00082, which permitted the current equine veterinary practice, with conditions. The conceptual plan for that showed the office located in a former corner -store building along Gordonsville Road, an entrance on St. John Road, and a 20 by 40-foot barn. Following the approval of the special use permit, the applicants obtained the Architectural Review Board and VDOT approvals required in conditions two through five, so those conditions have been previously satisfied. On May 11, 2004, the Planning Commission approved a site plan waiver, SDP-2004-00020, for this use. The proposal includes the relocation of the original proposed barn (which has not yet been built) to allow for easier horse -trailer turns, increase of the proposed barn from 20 by 40 feet to 40 by 60 feet for an additional examination room (to reduce waiting times, so that horses and trailers will spend less time on the site), and the addition of a 50-foot diameter covered riding ring for the examination of horses' gaits. The hours of operation would not change. Nighttime uses would only include occasionally keeping horses in the paddocks when needed. The proposed concept plan relates to the building layout and not the character or the intensity of the use. Facilities are being added in this case to have examination rooms rather than one and the new enclosed ring. The Comprehensive Plan designates this property as Rural Area. Large -animal veterinary services, ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 10 FINAL MINUTES En such as this equine facility, are supportive of the County's goals for maintaining the viability of agriculture and open -space uses in the Rural Areas. Staff has identified the following factors favorable to this application: 1. This equine veterinary use supports agriculture in the Rural Areas. 2. The proposed amendment would meet the applicants' needs without significantly increasing impacts on the area. Staff has identified no factors unfavorable to this application. The Planning Commission is being requested to take the following three actions, as follows Based on the findings contained in this staff report, staff recommends approval of SP 03-082 with the following conditions. There is a change suggested in condition 1 regarding the title and date of the plan for the current proposal; also adding a condition for lighting to prevent light spill on neighboring properties; and deleting the four conditions 3-6 since all of these conditions have been met in previous reviews and the process of the previous application. 1. The site shall be developed in general accord with the conceptual plan titled Old Dominion . ,,,FT.>�7sJzP -191 eTs - .1a .. -u - PdF10=- �T•mr#►�ln��'IE:TS:. - .. - .�. 2. All outdoor lighting shall be only full cuL--Qff fixtures and shielded to reflect light a abutting propertie _ lighting_• -n limiting. - - propertyn- . ,. greater ,., foot candies shall be submitted to the Zoning Administrator or their designee fol Any lighting be designed to be to the Rim! eRViFORFneRt te 5. QytdQ,2r safisfaration shall of the AFGhiteGtural Review BeaFd; appFepFiate and Route0.3 - - satffisfaGtian ef the -- - Staff also recommends that the Commission approve the requested waiver of section 5.1.11 of the Zoning Ordinance. This is supplemental regulations for veterinary offices all of which relate to soundproofing and setbacks for essentially barking dogs. That does not apply in this case. Staff also recommends approval of the site plan waiver, SDP 2008-00149, with the conditions outlined in the staff report that are based on using this conceptual plan for the special use permit in place of the site plan: Mr. Strucko asked if there were any questions for staff. There being none, he opened the public hearing and asked if the applicant would like to address the Commission. Mr. Edgerton asked to see a copy of the plan previously approved. Mr. Clark displayed a copy of the previously approved plan on the document camera. Mr. Edgerton noted that would help him take into consideration some of the comments made in the letter that arrived via email this afternoon from Ms. Schurecht. Ms. Joseph questioned how staff would enforce the conditions if something changes if they remove the conditions. Mr. Kamptner replied said that in this particular case in looking at condition three, which essentially ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 11 FINAL MINUTES requires ARB approval under the Entrance Corridor regulations, it would be enforceable through section 30.6. Mr. Cilimberg pointed out that the site plan waiver actually has the Certificate of Appropriateness requirement as a condition. Mr. Kamptner noted that conditions four and five would be the same and number six is a State requirement. The applicant would always have to be in compliance with VDOT's regulations. In this case the conditions are addressed by other regulations. Ms. Joseph questioned what was different in the new plan. Mr. Edgerton noted that the riding ring was much different from just a pasture. There is also a shed that is not on the original plan. The barn is about 1 Y2 times bigger than what was originally proposed. The riding ring and the covered pen are all new additions. Mr. Clark noted that the riding ring shown is an open fenced area and not a structure. Mr. Edgerton noted that the use is the issue. He felt that the letter made a good point. If it is actually going to be used as a riding ring on a regular basis it is going to kick up a lot of dust as opposed to a pasture. It looks like a bit more intense than what was originally proposed. He would certainly want to hear from the applicant on this. There being no further questions for staff, Mr. Strucko opened the public hearing and invited the applicant to address the Commission. Keith Brady, representative of Old Dominion Equine, said that he was an Equine Veterinarian and had been practicing in Albemarle County for 15 years. He made the following comments. His partner Jeffrey Beshear had been here for 9 years. They started in practice together in 2002 and then bought this property in 2004. Their initial special use permit allowed them to modify the abandoned store. They modified it by renovating the inside and putting in a second floor. They took away the off -road parking and put the parking lot behind the building. As they have gotten to the point of being able to afford to build the barn it has occurred that after having lived in the facility that there is no way that a horse trailer is going to be able to get turned around with the other cars already there. • After looking at this and realizing that they had to come back in front of the Commission and Board they noted that their application needed revamping in order to get it right this time. That is why there is a fair amount of change from the previous request. In the previous diagram the grassy area in the center of the parking area was where the initial barn was located. They are simply moving the barn over some. That is the real thrust of what they are doing here. The covered round pen is secondary in importance. Their intent is to treat the horses on the farm and try to keep their practice style very simple. They don't want to have a hospital facility on site. They are going to continue to treat the horses on the farm, but what will occasionally happen is that they will have a client locally who is considering purchasing a horse from out of town where they will need to bring the horse in. Currently they have to figure out an arrangement to meet them at another stable that is a safe enclosure to bring a horse in to do their examination. This is definitely not going to be any kind of a boarding facility where horses are going to be living day in and day out. The horses will not be turned out on the paddock overnight. The paddock will be useful because some of the younger horses are not yet trained to be ridden and nobody can get on them. Therefore, they could not look at those horses in the riding ring. • They would put those horses in the paddock to move them around to see the way that they move in looking for lameness and that kind of thing. They have enhanced the property greatly with landscaping and are very committed to the environment. Therefore, they are not going to allow the horses to damage the trees and the other foliage that is out there. The riding ring is going to be used occasionally for examinations. It is going to be a very limited use. In his last practice this type of riding ring was used two to three times per week. • He wanted to address the water consumption issue. Currently they travel around the country side and ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 12 FINAL MINUTES are really not there all day. They have two staff members that work in the office that use the restroom. They have some equipment that has to be cleaned. There is not much water usage. Having horses there will require some drinking water. There is no plumbing planned for the inside of the barn. So there won't be any increase in water. Horses drink from 6 to 10 gallons in a 24-hour period if there all day. Typically the waste water from that will be used to water the landscape. The water buckets will be thrown outside the barn to water the landscaping. • The visual impact is minimal since the barn should not be very visible from the Entrance Corridor. The existing building that is fairly close to the road is going to shield the barn. There are also some mature trees along the Entrance Corridor. From the other side of the property they have an existing row of Leyland Cyprus trees, which are about 6' tall. Another row of trees have been planted on the inside of that, which will be staggered. Once those trees reach mature height there should be very little visual impact. As far as any type of dust from the riding ring each tree will probably be 6' to 8' in diameter. There will be about 6' to 8' of dense foliage, which will prevent any type of dust from carrying over. Again, this riding ring will be used very minimally. • They don't plan any additional signage. As far as disposal of solid waste, as they perform procedures and they have any additional trash accumulation, they have a recycling bin and a dumpster. He did not expect that they would need anything more than that. They don't use the existing dumpster and recycling bin to capacity as is. The horses will obviously have some manure, which they plan to take off -site. They will be keeping the manure in a waste bin and then will be having it hauled off to be composed. Mr. Strucko invited questions for the applicant. Mr. Loach assumed that the riding ring was really being used for diagnostic purposes to put the horse there and to watch their gait, etc. It is not riding just for riding. Mr. Brady replied that is correct. It is an important distinction because their lameness exams typically last 15 minutes at the most as opposed to someone exercising a horse for 30 to 40 minutes. It is a much less amount of time that the ring is being in use. Mr. Edgerton said that several structures are on the new plan. He asked what is going to happen in the barn and why do they need to make it so much bigger. Mr. Brady replied that one of the realizations they had was with the smaller barn there would not be any additional room for the ancillary things such as hay storage, bedding storage, rakes and brooms. With the additional barn they are going to have more room for storage and prevent clutter outdoors. Mr. Edgerton asked if the barn will have some horses in it without water. Mr. Brady replied that was correct. The horses will have a bucket of water, but he would need some type of hydrant outside or adjacent. The procedures need to be done in very clean sterile conditions in a treatment room. It is basically a clean space with safe footing that the horse can be on out of the weather to receive treatment such as an injection. Mr. Edgerton noted that there is a proposed paddock, riding ring and covered pen. He asked what the difference in the activities would be from the original plan. Mr. Brady replied that this being their third time amending the special use permit they were very motivated in putting everything down that they would ultimately want to do to with the property to get the maximum benefit. As they have taken this small cinder block building and slowly renovated the interior and added the second story it has been an expensive time consuming process to come back. They looked at the plan to see everything they would want to do with the property. That motivated them to put all of these things on the plan. The paddocks are where they would turn a horse out so that they can move around and graze, whereas, a riding ring is a place where they have good footing where the horse can be ridden on that would be completely level. A lay up paddock is small and would be used if you have a horse that perhaps has an injury and needs to be put out to get some sunshine and a little grass without exercise. The paddock on the southeast of the property does not have a lot of trees and he could see that being ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 13 FINAL MINUTES used less frequently. The other important design element is the perimeter fence because Route 231 is a fairly heavily traveled road. They need some kind of enclosure for safety purposes to keep the horses when the horses come in as they are being loaded on and off the trailer in case one should ever get away. The shed would be intended for implements or just for a storage shed. The covered round pen would be another exercise area. Mr. Edgerton asked if he got a copy of letter from his next door neighbor, Ms. Schurecht, and Mr. Brady replied no. Mr. Edgerton asked if he had gone over his plans with Tia Schurecht. It appears in the photograph that her front door is focused right at the proposed riding ring and the paddock. She is concerned about that. Mr. Brady noted that he was not sure it was relevant in the way this all unfolded. They bought their property in 2004 and then the 1.5 acre L-shaped land around it went on the market. It turns out there were three building lots there. So the three homes were built around them just afterwards. They obviously realized that would potentially create conflicts. Unfortunately, they did not get the jump on the real estate deal. They did offer the man who had the contract or the developer to buy the contract from him. They were unsuccessful in doing that. That was the way things unfolded. They feel that their use of the land is more in line with rural area. Mr. Edgerton said Ms. Schurecht represents in her letter that the original special use permit had been based on a promise that this would primarily be an office space. Actually in the beginning of the presentation he had said that the primary use of the property would be off the property. But, it looks like they are planning on doing a lot more on the property now than what they were originally planning. He was just curious about that. Mr. Clark noted that in the original approval that barn site was essentially the same on site examination use that they were seeing here, but obviously a lot smaller. But there were no restrictions. Mr. Edgerton noted that he was surprised that the barn had increased in size, but the other activities such as the riding ring and covered pen were new. Mr. Brady noted that the original plan had a riding ring on it as well. Jeffrey Beshear, representative of Old Dominion Equine, noted that it was basically where the barn is now. When they redesigned this they planned to the design as a small farmette, which is similar to others in the area. They are not trying to stick out but actually to blend into the area. Mr. Edgerton asked if the three surrounding houses were built after their original approval. Mr. Beshear replied that was correct. Mr. Morris asked if the plan reflects what they perceive to be their needs for the future. Mr. Brady replied that was correct. Mr. Strucko invited other public comment. Judith Somme, resident across Gordonsville Road from Old Dominion Equine, said the store was closed when they bought the property. They have improved the appearance of the property and have kept it neat and tidy. Her concern with this configuration is that the size of the barn has tripled and she did not know what was inside it. Originally, they were planning a three -stall barn with two paddocks. That indicated five horses max on the property at any one time. Her concern about water usage has been allayed by Dr. Brady because he said they are not planning on having running water or additional bathroom facilities and it is not going to increase the water intensity. There is a water problem in the area. The Cash Corner Store was a gas station and there was a gasoline leak. She thought that it was discovered in the `90's. The tanks were removed when Dr. Brady and his group bought the facility. The three houses that the ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 14 FINAL MINUTES County issued building permits on were only an acre and a half. The minimum building lot in Albemarle County is supposed to be two acres. Two of the three houses had gasoline in their water. The State is now in the process of remediation by digging new wells for 2. She did not have all of the details and was not an expert on this and was not sure that the problem has been completely addressed. She knew that the recharge rate there is low. If it is no worse with this change, then maybe it does not matter. She would like to know the number of stalls in the barn, the configuration of the interior and the elevation, is it going to be a one-story or two-story barn and what is the roof line going to look like. That is her primary concern at this point. The water issue she would leave to the neighbors and the Commission. Tia Schurecht, an adjoining neighbor, noted that she wrote the letter about the water situation, which is in a state of flux since nothing has been resolved. There might be a better time to make a decision and moving forward with this property after the other issues get resolved. Jake Oldstein, a friend of Tia Schurecht, said that they can't have horses without water. There is water being used. If they have an indoor round pen there has to be water or the horses will choke on whatever surface because it would get very dusty. As far as the outdoor ring with one horse at a time that isn't as big an issue, but there will be some dust from it especially in the summer. In the dry point of year the water table is lower and the water issue has not been resolved with DEQ. They think Tia's well is alright, but not the other two wells. The water flow is very weak and additional water use, which there would have to be, could really be adverse. Ms. Schurecht noted that there were three houses where they don't have their water issues resolved. They may be resolved. Therefore, it seems that there would be a better time to make a decision about this area. There being no further public comment, Mr. Strucko closed the public hearing to bring the matter before the Planning Commission. Mr. Strucko invited the applicant to address a few issues. Mr. Loach questioned the number of stalls and roofline. Dr. Brady replied that the plan for the barn is to have four stalls. One end of the barn would be stalls and the other end would be two separated treatment rooms. The Architectural Review Board reviewed the barn. The vision is it to be a one-story barn structure, but because the pitch of the roof on the building is fairly steep they imagine having a center piece that would have a little more pitch to it so it would match. He assumed it could be called a story and a half. The middle of it would have a floor in it to store hay or anything else. Basically it is a one-story barn with a slightly raised middle portion. Mr. Loach asked what the status of water is on the property. He asked if they had a problem with water. Dr. Beshear said that they were familiar with the situation with the gasoline. The way that worked was that there was a known water contamination of the ground water in the 1970's when the country store was operated. In the 80's they removed the tanks. By the time they bought the property they did additional soil samples, which all came back clean. It was not until the two new houses along Route 231 drilled their wells that they detected gasoline in the wells. They went back and determined that it was obviously from the previous contamination. So what they think is that the gasoline seeped down through the dirt into the aquifer. That is why when they sampled the dirt underneath where the tank was they did not find anything. What has happened in the meantime is that they have cooperated fully with the DEQ. They came onto their property and drilled five monitoring wells where they tapped to try to determine which direction the aquifer is flowing and determined where gas is and isn't. Once that was done they gave permission to go across their land with additional well drilling rigs and they have now drilled two additional supply wells to replace the two contaminated wells on the additional properties. His last communication with John Pepper from Vista Environmental Services indicated that they did get a good clean water source on those two additional wells. He did think that there was additional testing going on 1+rW1 and he was not sure of the exact status at this time. ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 15 FINAL MINUTES Dr. Brady noted that their wells seem to be fine since they tested them as well. ,%W Mr. Strucko asked if there are any other questions. Mr. Franco asked if they water the covered ring. Dr. Brady pointed out there are a lot of footings that can be bought in a small area like that which require less. They have all sorts of synthetic footings that can be used to cut down on that. He thought that there would be no more watering than one would do for their garden. Again, being that they might use it once or twice a week it won't be a lot. They need to have a hydrant near the barn, but it is not going to be plumbing inside the barn. There will be nothing different than watering flowers. It will happen occasionally, but once or twice a week probably at most. Dr. Beshear reiterated that by the time the foliage grows in they will have about 16' deep and about 30' high of dense foliage. So he would think there would be very little dust if any that can penetrate that thick foliage to get to the other side. Mr. Loach asked if there is any formula or limitation they have to meet as criteria for a minimum amount of water that they can use. Mr. Kamptner replied there is a limitation in certain districts where the by -right uses in that district require a special use permit if they are going to consume more than 400 gallons per acre per day. That regulation does not exist in this district. Mr. Cilimberg noted that it was in commercial districts where there is no public water. There is a limitation on how much ground water can be pulled for the commercial use before one would have to get a special use permit. Ms. Joseph noted in looking at all these uses that her neighbors has a riding ring and can put up a barn any size as long as they meet the required setbacks. They only need a zoning clearance to put in a barn in a rural area district. They can have the tallest manure pile in the world if they want it. With this special use permit they are getting more regulation than they would for a normal farm. If they sold this to someone who wanted to put horses on the property they could put as many horses as they want to. They could do everything they are requesting to do here except practice veterinary medicine. They are putting a lot of regulations and requirements on this, which are normal activities that one would see within the rural areas except for the trailers with horses coming in and out a lot. There are horse traders that do a similar activity and there are no regulations on that. Therefore, she sees this as something that is supportive of agricultural uses. She was sorry about the water problem, but had been apprehensive knowing that those houses were going on such small lots in the rural area. Therefore, she did not have a problem supporting the request. Mr. Loach agreed with Ms. Joseph in support of this request. The uses described are consistent with veterinary service and horse treatment purposes. He had not heard anything that indicated the water usage was going to be larger than what they are using now. Mr. Morris agreed. The applicant had taken an old country store which was an eyesore and turned it into something useful. It does concern him that they are putting so many restrictions on something that otherwise if it was for a private individual they would not have those restrictions. Mr. Strucko noted that there were three actions for the Planning Commission to consider. Action on the Special Use Permit: Mr. Morris moved and Mr. Franco seconded moved for approval of SP-2008-00031, Old Dominion Equine Barn & Riding Ring, subject to staffs recommended conditions, as modified by staff. 1. The site shall be developed in general accord with the conceptual plan titled "Tax Map 50 ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 16 FINAL MINUTES Parcel D Proposed Improvements", revised April 2, 2009, and prepared by Roudabush, Gale & Associates, Inc. 2. All outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all abutting properties. A lighting plan limiting light levels at all property lines to no greater than 0.3 foot candles shall be submitted to the Zoning Administrator or their designee for approval. The motion carried by a vote of (6:0). Mr. Kamptner asked a question about the waiver for Section 5.1.11. Since the use classification is broad enough to include any type of veterinary office should the waiver be conditioned to veterinary services for horses or something other than any veterinary service other than dogs. Mr. Loach suggested equine veterinary services. Mr. Clark noted that it was done when the waiver was issued last time. That would be a change. Ms. Joseph noted that it was a waiver from 5.1.11. What they are doing is limiting this because they want it to be limited to equine services. She asked if that was correct. Mr. Kamptner replied that either that or it applies to any animals other than dogs. He asked if the applicant treats any other types of animals. Dr. Beshear replied no. Dr. Brady said that equine would be appropriate. Mr. Kamptner noted that the condition would be that the waiver would be limited to veterinary services for equine. Action on the Waiver of Section 5.1.11: Motion: Ms. Joseph moved and Mr. Franco seconded for approval of a waiver of Section 5.1.11 with the following condition. 1. The waiver is limited to equine veterinary services. The motion carried by a vote of (6:0). Action on the Site Plan Waiver: Motion: Mr. Morris moved and Mr. Franco seconded for approval of SP-2008-00149, Old Dominion Equine Barn & Riding Ring — site plan waiver subject to the following conditions: 1. Architectural Review Board issuance of a Certificate of Appropriateness. 2. Approval of WPO application, to include Erosion and Sediment Control Plan and Stormwater Management. 3. Health Department approval. The motion carried by a vote of (6:0). Mr. Strucko noted that SP-2008-0031 Old Dominion Equine would go to the Board of Supervisors on a date to be determined with a recommendation for approval. SDP-2009-00149 Old Dominion Barn & Riding Ring — Waiver was approved. New Business: ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 17 FINAL MINUTES M 0 Mr. Strucko asked if there was any new business. No Planning Commission meeting will be held on September 29, 2009. Adjournment: With no further items, the meeting adjourned at 7:33 p.m. to the Tuesday, October 6, 2009 meeting at 6:00 p.m. at the County Office Building, Second Floor, Auditorium, 401 McIntire Road, Charlottesville, Virginia. It . V. Wayne Cililhberg, Secretary (Recorded and transcribed by Stephanie Mallory, Planning Assistant and S ron C. T or, Clerk to Planning Commission & Planning Boards) ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 22, 2009 18 FINAL MINUTES