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HomeMy WebLinkAbout02 27 2001 PC MinutesFEBRUARY 27, 2001 6:00 P.M. ROOM 241, COUNTY OFFICE BUILDING The Albemarle County Planning Commission held a meeting and a public hearing on Tuesday, February 27, 2001 at 6:00 p.m. at the County Office Building, 401 McIntire Road, Charlottesville, Virginia. Members attending were: Dennis Rooker, Chairman; William Rieley, Vice -Chairman; Tracey Hopper, Rodney Thomas; William Finley, Jared Loewenstein; and Pete Craddock. Other officials present were: Juandiego Wade, Transportation Planner; Margaret Doherty, Planner; Greg Kamptner, Assistant County Attorney and Wayne Cilimberg, Director of Planning and Community Development. Call to order and establish quorum. Mr. Rooker called the meeting to order and established a quorum. Other Matters Not Listed on the Agenda from the Public. Mr. Rooker asked the public if there for other items not listed on the agenda, there being none, he asked for a report on the Board of Supervisors meeting. Review of February 21, 2001 Board of Supervisors Meeting. Mr. Cilimberg reviewed the meeting. Last week the board took up the public hearing on the 6-year secondary road plan, they provided recommendations that they are having staff formulate into a final plan 1.001 for action. They recommended a spot improvement approach on the Catterton Road Project and to consider use of a new product called Road Bind. Two churches, the Church of Our Savior and Grace Episcopal Churcha, were approved with conditions as recommended. Consent Agenda: 1. SDP-00-154 Seminole Plaza Maior Site Plan Amendment -Critical Slopes Waiver Request 2. SDP 00-128 North Fork Town Center Office Building 1 Minor Site Plan Amendment - Critical Slopes Waiver (Stephen Waller) 3. SDP 01-001 Charlottesville Automotive Refinish_ Supply Preliminary Site Plan - Critical Slopes Waiver (Stephen Waller) 4. Approval of Minutes — November 28, 2000 and January 23, 2001 Mr. Thomas asked to pull item SDP-00-1 54, due to concerns about the residential area. He would like the conditions to further address the privacy of the residents who live behind the business. He would like to see more of a buffer to shield that area. Mr. Rooker asked if Condition #2 addresses that concern. Mr. Thomas would like to change that condition to reflect a 10-foot fence (with a fence of at least 10 feet). He would also like the fence to be uniform with the fence at the Wilco. Mr. Rooker pointed out that Condition #1 addressed the issue of consistency in that the staff would be responsible for that assurance. `N40.1 Albemarle County Planning Commission Minutes February 27, 2001 Ma Mr. Cilimberg asked for clarification on the height of the fence on the property south of the subject property. Mr. Thomas stated that is was not 10 feet high, but he believes that this one needs to be higher because there is a swale and goes down quite a bit below the hill. Mr. Rooker asked if there were other items to discuss on this matter. Mr. Loewenstein agreed that it was an excellent suggestion. Mr. Rooker opened the public hearing on the issue. Mr. Arthur Edwards, who prepared the plan for the applicant, asked how the fence became an issue when they had simply asked for a critical slopes waiver with staff support. Mr. Rooker said that staff recommended the condition. Mr. Cilimberg stated that it is noted in the condition, that it would provide screening from the site and increased safety. There is critical slope disturbance occurring below. The condition could be pulled out and a site plan could be requested. Mr. Edwards said that the site plan, which was approved by the County, has the fence at 6'-8' high. He stated that the applicant is in agreement with the conditions as listed. Mr. Rooker pointed out that the Commission has often required fences as a condition for a critical slopes waiver where they impact adjoining property. Mr. RobertBrugh, the applicant, surveyed the fence. He showed some pictures that displayed the trash accumulated in the area. In some places the fill totals about five feet, with Christmas trees, leaves and other items thrown against the fence. He asked his son to review a letter with the Commission. Mr. Robert C.Brugh, son of the applicant, discussed the letter dated January 23, 2001. The actual fence is 8' tall. One tree was used as a fencepost where it met the fence line. The swale area is literally 3'-5' deep and is putting pressure on the fence. Mr.Brugh said the swale is dammed up, water must go beyond the swale to get over the bank. Mr. Brugh, said that the construction itself will dampen the sound. Mr. Rooker asked if the applicant had any objections to the condition. Mr. Brugh stated that they did object to the condition requiring a new fence. Mr. Brugh stated that they are willing to straighten and repair the fence if people are willing to remove the debris from the other side. All of the posts and boards are sound. It is impossible to straighten it or build a new fence with the debris accumulated. Mr. Thomas stated that he would still like to recommend the 10' fence. It is probably up to the property owner to clean up the mess. Mr. Finley asked about the debris on the other side, is that on his property. Mr. Thomas stated that it was on someone else's property. Albemarle County Planning Commission Minutes February 27, 2001 _ l(b Mr. Finley pointed out that he would have to access the other property in order to repair the fence. Mr. Thomas stated that the neighbor would have to clean up his side. Mr. Rooker said that the fence should be built on the applicant's property. The fence could be repaired or removed from his property. He asked if the commission wished to require that a new fence be erected. Mr. Finley asked if he would then be required to tear down the existing fence. Mr. Rooker pointed out that the current condition recommended that the fence be replaced. Ms. Margaret Doherty stated that she believes that the fence needs to be replaced in order to be consistent with the other properties. Mr. Rieley asked what the height was of the existing fence behind the Garden Patch. Ms. Doherty stated that fence was 8' high. She is considering the type of fence built, including the spacing between the slats and the quality. Mr. Thomas asked if the fence to the south was the one behind Dan's Auto and asked if it was an 8' fence. Ms. Doherty said yes. Mr. Thomas said he would retract the 10' request if it could be 8' just like the one at Dan's Auto. Mr. Cilimberg suggested returning to the original wording. Mr. Rooker said that then there would be no need to change the condition as written. Mr. Craddock asked if there as enough room on the applicant's property to place a new fence so that he could control both sides. Mr. Rooker pointed out that he could build the new fence anywhere he wanted on his property. Mr. Craddock suggested that the fence be built further into the applicant's property. Mr. Thomas stated that the resident is planning on cleaning up the debris. Mr. Rooker stated that he thought the Commission was interested in leaving the condition as presented. Mr. Thomas moved to approve SDP-00-154 with the following conditions. 1) The undisturbed portion of the critical slopes shall be stabilized with low maintenance vegetative ground cover. This cover should supplement the existing trees. The vegetative cover must be a variety selected from Table 3.37-C on page III-391 of the Virginia Erosion and Sediment Control Handbook or an equal approved by the Engineering Department. The selected ground cover should have a high shade tolerance. 2) The applicant shall replace the existing fence located along the eastern property line with a new fence to provide screening from the site and increased safety for the adjoining residential properties. The fence shall be reviewed and approved by staff to ensure consistency in material, form and height with the fence located on the property south of the subject property. Mr. Loewenstein seconded the motion, which passed unanimously. Albemarle County Planning Commission Minutes February 27, 2001 I -a- I5 Mr. Thomas moved approval of the consent agenda. Ms. Hopper seconded the motion, which passed unanimously. Items Requesting Deferral: a. SP-2000-34 Spring Hill (Sign #38, 39) - Request for special use permit to allow amendment of earlier special use permits for the purpose of dividing the residue of Spring Hill Farm into one 102 acre lot with 340 acre residue and to create a stream crossing in accordance with Sections 10.2.2.30 and 30.3.05.2.1.2 of the Zoning Ordinance, which allow for residential use and water -related uses such as river crossings. The property, described as Tax Map 58 Parcel 95, contains 442.656 acres, and is located in the Samuel Miller Magisterial District on Dick Woods Road, Route 637, at the intersection with Route 677. The property is zoned RA Rural Areas. The Comprehensive Plan designates this property as Rural Area. (Scott Clark) DEFERRED FROM THE FEBRUARY 13, 2001 PLANNING COMMSSION MEETING. STAFF REQUESTS DEFERRAL TO MARCH 27, 2001. Mr. Rooker opened the public hearing on this item. There being none, he asked for a motion. Mr. Loewenstein moved to accept the staff's request for deferral to March 27, 2001. Mr. Finley seconded the motion, which passed unanimously. SP-2000-38 Spring Hill (Sign #61, 63, 64) - Request for special use permit to allow a new stream crossing to be created in accordance with Section 30.3.05.2.1.2 of the Zoning Ordinance which allows for water related uses such as boat docks, canoe liveries, bridges, ferries, culverts and river crossings of transmission lines of all sorts. The property, described as Tax Map 58, Parcel 95, contains 442.656 acres, and is located in the Samuel Miller Magisterial District on Dick Woods Road, Route 637 approximately at its intersection with Route. 677. The property is zoned RA, Rural Areas. The Comprehensive Plan designates this property as Rural Area. (Scott Clark) DEFERRED FROM THE FEBRUARY 13, 2001 PLANNING COMMSSION MEETING. STAFF REQUESTS DEFERRAL TO MARCH 27, 2001. Mr. Rooker opened the public hearing on this item. There being none, he asked for a motion. Mr. Rieley moved to accept the staff's request for deferral to March 27, 2001. Mr. Craddock seconded the motion, which passed unanimously. Deferred Item: SP-2000-80 Colonial Baptist Church (Sign # 43) Request for a special use permit, in accord with provisions of Section 10.2.2.35 of the Zoning Ordinance, to allow the printing and distribution of church literature in a 3,040 square foot building to be constructed adjacent to the existing church on 10.39 acres of land located on Rt. 250 East, .7 miles east of Rt. 744 (Hacktown Road), in the Rivanna Magisterial District. The property, described as Tax Map 94 Parcel 46, is zoned RA Rural Areas, and EC, Entrance Corridor Overlay District. The site is not located within a designated development area. The site is located in Rural Area 2. (Juandiego Wade) DEFERRED FROM THE FEBRUARY 13, 2001 PLANNING COMMISSION MEETING. Mr. Juandiego Wade presented the staff report. Albemarle County Planning Commission Minutes February 27, 2001 Mr. Rooker asked if there were questions for Mr. Wade, there being none, he asked if the applicant wished to address the Commission. Ed Leake, pastor of Colonial Baptist Church, over the last two years construction has been hampered by the rise in building costs and a builder who was unable to start because his schedule. They realized this year, when they were getting ready to start, that the special use permit was only good for two years. Mr. Thomas asked if they were using film processors. Mr. Leek said they were not. They're film processing is purchased from a commercial printer in Charlottesville. Mr. Rooker asked for additional public comment, there being none, he closed the public hearing. Mr. Rieley recalled that the last time this item came up for discussion, there was a lot of discussion about the pros and cons of offset presses. Mr. Thomas stated that a printing press does not create a lot of pollution factors. It was interesting to see the estimated number of trucks coming in. He does not think that the traffic count would pose a problem, though he has not seen an updated traffic count for Route 250. Mr. Rooker said that his concern about this item last time was that it approached approving a commercial operation in the rural areas. However, it appears that nothing has really changed from the last time, in fact the hours of operation have been pared down. Because the Board had previously approved the special use permit, he stated that he would not oppose the item this time Ms. Hopper said that the minutes reflected that everyone voted against the printing press except for Mr. Finley. Ms. Hopper pointed out that this application was analogous to another type of special use in the rural areas, such as a private non-profit club, asking to operate a commercial printing press or some other type of commercial entity as an "accessory use" to their special. Ms. Hopper suggested that it be distinguished why this is a different case in order not to set damaging precedent. Mr. Loewenstein pointed out that the time runs later in the evening than was requested previously, from 9 a.m. — 9 p.m., still running for twelve hours. Mr. Rooker asked if the change in hours of operation was requested by the applicant. Mr. Wade said that the applicant requested the change. Mr. Cilimberg explained that the staff report in 1998 had Monday -Saturday, 7 a.m. — 7 p.m., employing five people. The amended conditions to include five "volunteers" with hours of operation from 9 a.m. — 9 p.m. and no more than 12 trucks per month. Mr. Leek stated that he remembered the change was due to the fact that labor force is primarily volunteer and will need the extra time in the evening. Mr. Rieley asked if the commission should make a distinction between a five -press operation for ecclesiastical operations versus one for commercial operations. Mr. Rooker stated that he did not think that they should treat it differently and that is why he voted against this last time. However, the Board granted the permit and now the applicant was only asking for a time extension. Albemarle County Planning Commission Minutes February 27, 2001 e-rJ Mr. Cilimberg asked that the commission look at page 8 of the staff report, which reflected the change to five volunteers. Mr. Loewenstein said that that would have a moderate impact on the scale of the operation. He stated that he still has concerns about this item. Mr. Thomas stated that there are five employees, whether or not they're paid. Mr. Loewenstein said that due to the number of presses and the amount of truck traffic, this amounts to pretty serious use in a rural area. He does not think it is an automatic accessory use in a rural area. Mr. Finley pointed out that the Board of Supervisors had granted them the special use permit. It seems to not be in order to vote down what they have been planning for the last two years. Mr. Rooker agreed, stating that he would be uncomfortable not extending the time. Mr. Thomas agreed. Mr. Craddock pointed out that the proposed item is an extension of the church's mission work. Mr. Loewenstein pointed out that the Board of Supervisors would have the opportunity to comment as well. Mr. Rieley stated that he is persuaded by the discussion, although he thinks that the action taken by the commission last time was correct. Mr. Finley moved for approval with the following conditions. 1. Sanctuary and classroom expansion, or day care and other non -worship uses will require amendment to this petition. 2. Print shop and mailing service is limited to distribution of church related items; five (5) volunteers; hours of operation of 9 a.m. to 9 p.m.; and, no more than (4) commercial delivery truck trips per month. 2. Commercial setbacks shall apply to the commercial uses on the sit. Mr. Craddock seconded the motion, which carried by a vote of 5-2 with Mr. Loewenstein and Ms. Hopper voting against the motion. Regular Item: a. SDP-2000-151 South Fork Soccer Center Final Site Plan - Proposal to locate 5 soccer fields , 2,000 square foot building and 216 parking spaces on 72 acres zoned RA, Rural Areas. Property, described as Tax Map 46, Parcels 22 and 22c is located on the south side of Route 643, Polo Grounds Rd. 1.1 miles west of Route 29 in the Rivanna Magisterial District. (Margaret Doherty) Ms. Doherty presented the staff report. Mr. Rooker asked if the commission had questions for staff, there being none, he opened the public hearing. Mr. Bill Muller, executive director, he stated that the reason for the delay has been the extensive archeological survey done by the University. Ultimately, he believes it will be a special place because the Albemarle County Planning Commission Minutes February 27, 2001 �. special relationship with the University and the preservation of the area. Mr. Rooker asked for additional public comment, there being none, the item was brought to the commission. Mr. Loewenstein asked about the new tree plantings along the riverbank, outlined in the letter from the University. Ms. Doherty said that the applicant has been working with the University on an easement along the river. Mr. Rooker verified that the University Department of Anthropology is in complete agreement with the conditions and site plan as presented. Ms. Doherty said that was correct. Mr. Loewenstein asked if the phase II study was now complete. Ms. Doherty said that was correct, but that there were further studies planned. Mr. Rieley said that he thought this item was a model of cooperation between the University and other agencies. He gave his enthusiastic support to the item. Mr. Rooker agreed with Mr. Rieley's statement. It appears that resources are being uncovered that might not have been uncovered at all had the application not been made. Mr. Rieley moved for approval with the following conditions. 1) The Applicant agrees to cooperate with the University of Virginia Department of Anthropology regarding development and further study of the site, specifically, the Applicant shall grant the Department permission to collect artifacts from any plowing or other soil disturbance of the site, allow the Department to be present for the excavation of the French drain on the western edge of the soccer field, and allow the Department to do a study of the location where the septic field will be located. 2) Prior to issuance of a grading permit, the Applicant shall secure Engineering Department approval of a Maintenance Agreement and the following changes will be made to the final site plan: a) The underdrain stone layers in biofilters #1 and #2 shall be a minimum of 'I'deep and 30" wide, and wrapped in filter fabric in lieu of or in addition to wrapping the underdrain pipes. b) Interior grading of the biofilter areas shall be coordinated with the Water Resources Plan Reviewer/Inspector prior to the contractor grading these areas. 3) Health Department Approval. Mr. Thomas seconded the motion, which passed unanimously. Old Business. Mr. Rooker asked is there was any old business. Mr. Cilimberg reminded the Commission that the Meadowcreek discussion has been moved to March 20th with regular 6:00 meeting. That same day, there will be a special joint meeting with school board at 4:30 p.m. with pizza. Albemarle County Planning Commission Minutes February 27, 2001 C 4 Mr. Loewenstein asked about business on the 13" as he will be out of town. Mr. Rieley stated that he would also be out of town. Mr. Cilimberg said that they would have been listed in the last update. The Commissioners stated that they had not received an update in several months. Mr. Cilimberg will make a note about the distribution of advance items. About future consent agenda items, the commission should go ahead and approve the rest of the consent agenda before discussing the item questioned. Mr. Finley asked if there would be some type of presentation at the school board meeting. Mr. Cilimberg stated that agenda would primarily be focused on the cooperative possibilities between the Commission and the School Board in dealing with school siting, design, and other planning issues. He said that Mr.Rieley had pointed out a website that reported the relationship between schools and sprawl. Mr. Rooker will not be present at the March 13' meeting either. The other four members of the commission verified that they would be able to attend. Mr. Rooker and Mr. Cilimberg asked the four commissioners to call early if they were not able to attend, as it would preclude a meeting. Mr. Loewenstein pointed out that there would need to be a temporary chair appointed. Mr. Rooker asked for additional old business, there being none, the commission moved on to new business. New Business — Presentation 80OMHZ Radio communication System. (Tom Foley) Mr. Tom Foley gave an overview of the 80OMHZ Radio communication System. He introduced Richard Martin of the police department, Tom Hanson and Wayne Campagna. Mr. Hanson presented an executive summary on the Radio Communication System, the highlights of which are attached. Mr. Loewenstein asked how much more expensive satellite technology would be versus the 800 MHz plan that is proposed. Mr. Campagna said that they had not obtained a price on the satellite technology. Mr. Martin pointed out that it was so expensive because of the amount of time spent on the satellite. Mr. Rooker added that they would have to rent transponder time, which is quite expensive. Mr. Thomas asked if there was any loss in carrying power with the redundancy. Mr. Hanson said no. It simply switches to the next transmitter. Mr. Craddock asked if the functionality aspect would give the location of a downed officer. Albemarle County Planning Commission Minutes February 27, 2001 Mr. Hanson said no, it simply tells the operator that the officer is in trouble. They would have to rely on the most recent information given to locate the individual. Mr. Rooker stated that he has a friend who has radio functionality with his cellular phone company. Mr. Hanson pointed out two problems 1) that it does not meet public safety standards, and 2) there is no guarantee that there is access in an emergency, public safety does not have the priority. Mr. Loewenstein asked if each tower site would require an individual special use permit. Mr. Hanson replied "yes". Mr. Rooker asked if there was no tower currently on Carters Mountain that could be used. Mr. Hanson said that there was not. Mr. Craddock asked for the height of the largest tower up there currently. Mr. Martin stated that it is approximately 350'. This spot was picked because it does not require a relay. Mr. Rooker asked for the height of the existing tower on Peters Mountain. Mr. Campagna said that it is not really a tower, that there are large concrete bunkers with microwave antenna dishes mounted to the bunkers. Mr. Rooker asked Mr. Campagna to verify that there is no lattice tower at the site. Mr. Campagna verified that there is no lattice tower at that site. Mr. Rooker asked if a tower was constructed at any of the sites listed, would it be possible for other operators to co -locate. Mr. Campagna stated that there would not be enough space due to the number of antennas on each tower. Potentially ECC would have some additional space. Mr. Rooker asked if they had obtained approval from city council. Mr. Hanson said yes. Mr. Rooker asked if the system was required to be operational to meet the FCC requirements to avoid losing the frequency. Mr. Hanson said that was indeed a requirement because of the extension. Mr. Craddock asked if there was a bid process. Mr. Hanson said that they had been through a bid process. Mr. Loewenstein verified that that had been completed. Mr. Hanson said yes, and stated that Motorola had been selected as the vendor. Mr. Rooker pointed out that the vendor had been selected to negotiate a final contract. Albemarle County Planning Commission Minutes February 27, 2001 ,l i Mr. Craddock asked if police monitors would work with the new system. Mr. Campagna said that current monitors would not work. There are no scanners currently available that can monitor the system. Mr. Craddock asked Mr. Hanson to verify that city police, fire, University, airport, County, and rescue squads would all go on this system. Mr. Hanson said that they would. Mr. Campagna said that the system has been designed to accommodate all of the public safety uses within Albemarle County. Ms. Hopper asked if there were city sites for towers. Mr. Hanson said that they explored 18 potential tower sites, none of the final sites are located in the city. Mr. Rooker asked if it was fair to say that they had minimized the number of tower sites. Mr. Hanson said that that was correct. Mr. Loewenstein asked if they had minimized tower heights as well. Mr. Hanson said that they had. Mr. Rooker questioned the height of the tower on Carters Mountain. Mr. Hanson stated that the tower sits to the north of the tallest point on Carter's Mountain. The height is required in order to reach the Fan Mountain site. Alternatives would have required an additional location for a relay to get around the mountain. The Planning Commission thanked Mr. Hanson and Mr. Campagna for their presentation. Mr. Foley commented on the question about height minimization, we have looked at numerous alternatives to try to keep the towers at minimal height with the fewest number of towers. Mr. Craddock asked where the tower would be located at Klockner Stadium. Mr. Martin said the tower would be located on the first tower as you drive up to the Stadium. Mr. Hanson stated that with this layout they were able to reduce the size of the microwave dishes from 8' to 4' or 6'. Mr. Loewenstein asked if the special use permits would provide good pictorial representations. Mr. Hanson said they would. Mr. Rooker asked if the towers were all lattice towers. Mr. Hanson said they would all be monopoles with the exception of the ECC site. Ms. Hopper asked Mr. Kamptner if there was a different legal standard for this use compared to cell phone towers. Albemarle County Planning Commission Minutes February 27, 2001 l �� Mr. Kamptner stated that the special use permit is subject to the same criteria as a cell phone tower. The public nature will make a difference in the analysis of the criteria. Mr. Loewenstein stated that the degree of distinction given in the staff report will facilitate the discussion and make it easier for the public to understand. Mr. Foley said that is clearly the way the project is viewed. Mr. Loewenstein stated that he thought it would be helpful to document the alternative sites explored. Mr. Foley stated that the information will be there when commissioners receive their package. Mr. Campagna pointed out that each of tower sites is an individual permit, but all must be approved for system functionality. Mr. Rooker asked Mr. Campagna to verify that the same service that could not be provided without a series of small monopoles. Ms. Hopper asked if that was correct. Mr. Campagna said it could be done from a technical standpoint but that the cost would be prohibitive, as many more sites would be required. With the microwave dishes the poles would still be above the height of the trees. Mr. Rooker stated that with signal redundancy, a huge number of poles would be required. Mr. Campagna said that their own system would likely interfere with itself. Ms. Hopper asked if they had hired an RF engineer to work with them on this project. Mr. Campagna said that they had used several consultants, including a citizen volunteer, Paul Katz. Mr. Rooker asked if he was local. Mr. Finley asked who is the central management for this project. Mr. Campagna said that he is the project coordinator/manager. Mr. Finley asked if the daily maintenance came under Mr. Campagna. Mr. Hanson said that it would fall under his jurisdiction with the communications center. Mr. Finley verified that it was the ECC management board. Mr. Hanson said yes. Mr. Loewenstein asked if they had gotten any feedback from local residents. Mr. Hanson said that they have not heard anything. Mr. Loewenstein asked if they had sought public opinion. Mr. Campagna said that they had not. Most of the sites are very remote. Albemarle County Planning Commission Minutes February 27, 2001 I (A Mr. Loewenstein said that he thought there might be some citizen comment due to the reaction from the public on previous tower applications. Mr. Craddock said that the one at the ECC was pretty obvious and thought that would generate some comment. Mr. Martin said the one a Bucks Elbow has 3 or 4 residences nearby, but there are already other towers located in the same area. He has spoken with two residents of Bellair regarding the ECC site. All of the citizens he's spoken with have expressed agreement with the plan. Mr. Foley said they are working with Joan in the planning office to develop screening to address visual issues. Mr. Campagna mentioned that one of the objectives of building next to the ECC was the proposed fire and EMS station. With no further business, the meeting adjourned at 7:45 p.m. Recorded and transcribed by Lynda Myers, Recording Secretary Albemarle County Planning Commission Minutes February 27, 2001 �L'