HomeMy WebLinkAbout05 10 1994 PC Minutes5-10-94 1
MAY 10, 1994
The Albemarle County Planning Commission held a public hearing on
Tuesday, May 10, 1994, Room 7, County Office Building,
Charlottesville, Virginia. Those members present were: Ms. Babs
Huckle, Chair; Mr. Tom Blue, Vice Chair; Mr. Bill Nitchmann; Ms.
Katherine Imhoff; and Mr. Bruce Dotson. Other officials present
were: Mr. Wayne Cilimberg, Director of Planning and Community
Development; Ms. Yolanda Hipski, Planner; Mr. Bill Fritz, Senior
Planner; and Mr. Larry Davis, County Attorney. Absent:
Commissioners Jenkins and Vaughan.
The meeting was called to order at 7:00 p.m. and a quorum was
established. The minutes of April 26, 1994 were unanimously
approved as amended.
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Mr. Cilimberg briefly summarized actions take at the May 4, 1994,
Board of Supervisors meeting.
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SP-94-11 Trinity Presbyterian Church - Proposal to amend a
con ition of SP-93-01 to allow additional grading to occur on -
site. Property, described as Tax Map 76, parcels 17C and 17C1,
is located on the south side of Reservoir Road (Route 702)
approximately 3/10 of a mile west of its intersection with Route
29/Route 250 Bypass in the Samuel Miller Magisterial District.
This site consists of 17.54 acres zoned R-1, Residential and EC,
Entrance Corridor Overlay Distict. This site is located in a
designated growth area (Neighborhood 6) and is recommended for
Low Density Residential (1-4 dwelling units per acre).
Mr. Fritz presented the staff report. Staff recommended approval
subject to conditions. Mr. Fritz noted that "no barriers to
approval" were identified by the site review committee.
Mr. Blue asked if the waste areas were owned by the church. Mr.
Fritz responded affirmatively. Mr. Blue asked if the "pile of
dirt" was going to remain. Mr. Fritz deferred to the applicant.
(Mr. Tom Muncaster later responded to this question.)
Mr. Dotson asked if what appeared to be an emergency access would
continue to be barricaded. Mr. Fritz confirmed that it would
remain as it currently exists with no access to Rt. 702.
Mr. Dotson, pointing to a parking area on the plan, asked if the
applicant planned to continue the fence as well as the trees.
Mr. Fritz replied: "During the final review, we would do
whatever is most appropriate or a combination. I believe they
would prefer to go with the vegetation there, but you'd have to
ask them. We would approve a combination."
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The applicant was represented by Mr. Tom Muncaster. Regarding
the fencing referred to by Mr. Dotson, he stated: "Whatever the
planning staff asks us to do, we can do. There is fencing there
on the distant parking lot. we prefer landscaping, but we would
be
willing--." Regarding the waste areas, he explained the history
and stated that the church is presently attempting to get rid of
the dirt that is in the front.
There being no public comment, the matter was placed before the
Commission.
Ms. Imhoff agreed with Mr. Dotson's comments related to the
existing fences and consistency in the future landscaping. She
asked if a condition could be added addressing this concern, or
is it enough just to direct staff to "make sure these areas link
up." Mr. Fritz responded: "You can direct us to do it as part
of the site plan review. If you feel more comfortable with a
condition on there, by all means you can do that also." Ms.
Imhoff concluded that she did not think a condition was
necessary, but she voiced the feeling that "it would be awkward
to have the fencing just stop."
MOTION: Mr. Blue moved, seconded by both Ms. Imhoff and Mr.
Nitchmann, moved that SP-94-11 for Trinity Presbyterian Church be
recommended to the Board of Supervisors for approval subject to
the following condition:
1. Clearing of trees shall be limited to that shown on a site
plan titled, Trinity Presbyterian Church, revised 2/15/93 and
initialed WDF 4/27/94.
The motion passed unanimously.
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ZMA-94-02 Blue Goose - Petition to amend ZMA 90-20 on 1.4 acres
Zoned PD--SC, Planned Development -Shopping Center. Property,
described as Tax Map 56A(1), Parcels 53, 54, 54A, 55 and 56 is
located on the west side of Route 240 between Route 240 and
Carter Street approximately 400 feet south of the Chesapeake and
Ohio Railroad. The site is located in the White Hall Magisterial
District. This area is recommended for Community Service in the
Community of Crozet.
Mr. Fritz presented the staff report. staff was recommending
approval of the petition. He explained that revisions to access,
circulation and building size are proposed. It is the revision to
access, "which is more than what was originally proposed," which
cannot be approved administratively. He stated that the
applicant had been unable to perfect the original plan for access
because some of the necessary easements were not attainable. In
place of the originally proposed entrance, the present proposal
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is for an entrance on the southside of the property, directly to
Rt 240. He stated that the originally proposed entrance to
Carter Street has not changed. These changes resulted in a re-
configuration of the interior parking plan and circulation and
the building size. He noted that the Virginia Department of
Transportation has reviewed the proposed entrance and their
technical comments can be addressed during site review --no
special conditions are required. The staff report concluded:
"Staff opinion is that the modifications to the approved plan are
consistent with the spirit of the origial approval and the Zoning
Ordinance and, therefore, staff is recommending approval of this
rezoning request. No agreements were contained in the Board's
original approval for ZMA-90-20 and staff opinion is that none
are necessary for this modification."
In response to Ms. Imhoff's request for clarification, Mr. Fritz
confirmed that the Commission was being asked to approve the
entrance modification only.
Mr. Fritz pointed out the areas on the plan which will be
"available for landscaping."
Mr. Dotson commented: "So there is no access between the main
parking lot and the Carter Street parking lot." Mr. Fritz
replied: "And there never was."
Mr. Dotson asked if the proposed parking for the Carter Street
units now meets the requirements of the Ordinance. (This
modification reduced the number of spaces in the Carter Street
parking area from 30 to 15.) Mr. Fritz replied that the parking
still meets the Ordinance requirements.
Mr. Dotson asked if the plan was subject to Architectural Review
Board review. Mr. Fritz responded affirmatively and explained
that the applicant has already had a conference with the ARB. A
Certificate of Appropriateness will have to be issued prior to
the signing of the final site plan.
The applicant was represented by Mr. Sanford Wilcox. He
explained that the concept is "to have a village -scale retail
commercial shops." None of the spaces are over 3,000 square
feet; most are of the 1,000 square feet variety. It is to
designed to match "what has existed in Crozet for years and
years." The entrance proposed on 240 "is an expanded version of
what exists today, (which is) a commercial entrance, but it did
not meet the standards." He explained that a second commercial
entrance also exists "just to the north side of the building
remaining on the front and we would propose to close that as we
did in the original plan." The plan is laid out for 6 different
"spaces." The two in the middle are served by the back lot and
"the sidewalk around the side will facilitate some interaction
between those." The design is intended to look like 4 shops from
APB
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the front and the Carter Street side is designed to "avoid
looking like the back of a shopping center." In response to Mr.
Blue's question about merchandisers using the same entrance as
customers, Mr. Wilcox explained that the north side has a loading
space which will serve one space, but in the other spaces the
customers and merchandisers will use the same entrance.
Mr. Dotson asked if consideration had been given to a pedestrian
"Passageway" linking the front with the back. Mr. Wilcox
explained that a passageway had been considered but because of
the grade, steps would have been necessary and "switchbacks"
would have been necessary for handicap accessibility. Mr. Wilcox
concluded that "it had been difficult to do an urban renewal with
this site ... and somethings are compromised, but not significantly
so." He agreed that a passageway would have been advantageous,
but he did not know how it could have been accomplished.
There being no public comment, the matter was placed before the
Commission.
MOTION: Ms. Imhoff moved that ZMA-94-02 for Blue Goose, to
approve a reduction in the building area and a change in access
and circulation, be recommended to the Board of Supervisors for
approval.
Mr. Dotson seconded the motion which passed unanimously.
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SP-94-10 Brass Incorporated (Owner) Christopher Grover
(A licant) - Petition to establish a veterinary clinic on part
of 5.734 acres, Zoned RA, Rural Areas [10.2.2(18)]. Property
described as Tax Map 121, Parcel 91 (part) is located on the west
side of Route 20. The portion of the property proposed for use
is located in the northwest corner of the Route 20, Route 712,
Route 715 intersection in the Scottsville Magisterial District.
This site is not located within a designated growth area (Rural
Area IV) .
Mr. Fritz presented the staff report. Staff recommended approval
subject to conditions. (Mr. Fritz distributed to the Commission
copies of a letter of support.) Mr. Fritz called attention to
the conditions of approval which he stated were "important in
this particular case because there is no site plan."
Noting the description as a "base for large animal care," Ms.
Imhoff asked if large animals would ever be brought to the
clinic. Mr. Fritz responded that it was his understanding that
this was primarily an office and that the applicant would visit
the "other sites" to actually perform the veterinary service. He
noted, however, that there was probably no way to guarantee that
a large animal would not be brought to this site in an emergency
situation. Mr. Fritz added that the "by -right use is off -site
/__15�8
5-10-94 5
veterinary treatment."
In response to Mr. Dotson's question, Mr. Fritz explained that
this petition will not be subject to ARB review because it is an
existing building. He also confirmed that animals will be
confined to the sound -proof, air-conditioned building.
Mr. Blue asked: "Won't there be a building permit?" JHe was
referring to action recently taken by the Commission related to
ARB review of renovation and maintenance operations. Mr. Fritz
replied that a building permit may be required, but this
ordinance change has not yet been approved by the Board. Mr.
Dotson's understanding was that "if this was a maintenance
operation, it wouldn't be subjected to the review, only if there
was a significant alteration? Mr. Blue commented: "Significant
is the key word."} (NOTE: Mr. Fritz noted that this building had
burned at one time, but the Engineering Department has found it
to be structurally sound.")
Mr. Dotson noted that only a small part of the parcel is being
used for the proposed use. He asked if the special permit would
apply to the remainder of the parcel. Mr. Fritz responded: "You
can make it very specific. ... We've always taken the approach
that the descriptions, the way it's written, and the discussions
that take place during the meeting --it is very clearly defined as
the old Keene Market located in the northwest corner of this
intersection. The rest of the parcel is not in the northwest
corner." Mr. Dotson: "But that exhibit would lead you to
believe that the whole property might be (involved.)" Mr. Fritz
explained the reason for that is because "we use this to identify
adjoining property owners." He concluded, however, that the
Commission could add a condition identifying the property as
"that portion of the property lying northwest of 712 and Rt. 20."
The applicant was represented by Ms. Bruce Murray (one of the
owners) and, Dr. Christopher Grover, (the veterinarian).
Regarding the question about treatment of large animals at the
site, Dr. Grover explained "that wouldn't be a problem." He
noted that he is presently operating from his home in
Charlottesville. He stated that only small animals will be
treated at site. In response to Ms. Huckle's questions, he
stated: (1) He will be leasing the property on a long term
basis; (2) He does not plan to modify the outside of the
building, but he will be making repairs.
The Chair invited public comment.
Mr. Mike Davis, a resident of the Keene area, expressed support
for the proposal.
There being no further comment, the matter was placed before the
Commission.
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5-10-94 6
MOTION: Mr. Nitchmann moved, seconded by Mr. Blue, that SP-94-10
for Brass Incorporated - Christopher Grover, be recommended to
the Board of Supervisors for approval, subject to the following
conditions:
1. Animals shall be confined to an enclosed structure.
2. Boarding of animals shall be limited to animals undergoing
medical treatment.
3. Use shall not commence until the following have been
obtained.
a. Health Depatment approval.
b. Building Official approval.
c. Provision of adequate parking.
Discussion:
Ms. Imhoff noted: "I think it was clear in the description of the
petition that it is for that particular building --it is a portion
of the 5.7 acres."
The motion for approval passed unanimously.
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SP-93-41 Pagebrook Farm - Petition to locate a total of six
impounding structures in floodplain on 315.86 acres
[30.3.5.2.1.11 zoned RA, Rural Areas in the Rivanna Magisterial
District. Property, described as Tax Map 50, Parcel 34 is
located on the east side of Rt. 231/640 intersection at Cash's
Corner. This property is not located in a designated growth area
(Rural Area II). Due to new information provided by the
applicant, the Board of Supervisors has referred this petition
back to the Planning Commission.
Ms. Hipski presented the staff report. She explained that this
item had been sent back to the Commission for further review of
new information. The Department of Engineering had reviewed the
proposal and stated: "The additional detail presented in the
study supports our original position. This Department recommends
approval subject (to conditions)." Staff recommended approval
subject to the conditions recommended by the Engineering
Department.
Ms. Hipski confirmed that adjacent property owners had been
renotified. A letter from Mr. Peter R. Taylor, the downstream
property owner most effected by the proposal, was attached to the
staff report. Mr. Taylor expressed his "positive sentiment"
towards the proposed plan.
One of the applicant's engineers, Mr. Steve Driver, addressed the
5-10-94 7
Commission. (He was accompanied by Mr. Steve Blain (applicant's
attorney), Mr. Jim Wyrick, and Mr. Bob McKee. He stated that the
applicant has worked towards solving the concerns expressed at
the previous public hearing. The use has now been clearly
defined as "for cattle and raising of fish." The design will
"provide a reliable and much needed water resource for Pagebrook
Farm and at the same time will provide diversity in the stream
that's necessary to improve the aquatic habitat for fish." He
stated that the measures which are proposed have been used by the
Department of Game and Inland Fisheries and the USDA Forest
Service for quite some time. He explained that the water which
will be extracted will be only about "1/3 of 1% of the base
flow." Using data supplied by the County Engineering Department,
the applicant "figures that even during low flow or draught
conditions, we would be demanding only about 7% or 8% even during
the most extreme conditions." Regarding environmental impact, he
stated: "The design of these structures has been fine-tuned by
experts in the field --fisheries, biologists and hydrologists --
over a long period of time and they have been proven to be
environmentally sound." All natural materials are used in their
construction and they are very easy to install --each one taking
only approximately 1 day to install. Water will always be
allowed to flow continually, even during construction. These
structures do not impound water, as the original concept implied,
rather they create plunge pools below the structures, and it is
from the plunge pools that the water supply will be drawn.
Mr. Nitchmann stated that his questions and concerns regarding
downstream impact had been answered. Regarding Mr. Green's
concern about potential upstream flooding, Mr. Driver explained
that he had spoken at length with Mr. Green and explained how the
devices would work. He stated: "Based on the theoretical
calculations which were done, we would anticipate an average
water rise in water surface of 2 inches. But, the flooding that
occurs in Mr. Green's field is not so much due to what is
occuring downstream, but rather it is caused by a restriction at
the road." Mr. Green had understood his explanation. Mr. Driver
stated that were he in Mr. Green's place, however, he would
probably want to have his concerns made part of the record.
Ms. Imhoff asked if the improvements have resulted in less effect
because of the plan to use plunge pools rather than than
"ponding," which results in increased flow. Mr. Driver confirmed
this was true. He noted that the original concept had implied
that the base flow would be restricted, but "these structures are
designed to allow continuous flow." He stated that though there
will be "a little effect on backwater," it will not be nearly as
much as the original concept would have caused.
Referring to Mr. Driver's previous statement that he understood
Mr. Green's concern, Mr. Blue asked why he would say that given
the fact that he is familiar with "what little potential damage"
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5-10-94 g
there will be. Mr. Driver explained: "The reason I would do
that is because if you're not doing anything in the stream at all
you are having zero effect, but if you are doing anything at all
you are having some effect. So although it is convincing that
what we are doing is not going to impact his property, it would
be good judgment on his part to take the position he has." He
conclued, however, that he would not have any concerns about
these structures and his contact with persons who have had
experience with the structures make him "very comfortable that
these things would not cause upstream flooding."
There was a brief discussion of the use of "pasture pumps" for
livestock watering purposes. Mr. Driver explained his
understanding as to how the pumps operate, i.e. the pumps have a
lever which must be activiated by the cow. The pumps work
without electricity once they have been primed. Mr. Blue was
skeptical that the pumps could operate as described by Mr.
Driver. Mr. Dotson asked if there were any plans to fence the
stream. Mr. Driver agreed that even with the pumps, there was no
guarantee that the cattle would not go to the stream for water.
Mr. Blue pointed out that most cattle will go to a stream to cool
off, even if there is another source for drinking water.
Ms. Huckle felt the proposed structures were an improvement over
the original structures. However, she felt there should be a
condition "saying that it (the stream) should be fenced." She
asked if the applicant would be agreeable to such a condition.
Mr. Driver replied: "On behalf of the applicant, I would prefer
not to have a condition that fencing would be required and that
he would be able to put cattle on the farm without that fencing,
as are all farmers." Ms. Imhoff agreed that though it would be
preferable to have the stream fenced, "because there might be
some alternative places for the livestock to water, it is an
improvement over what he could do by right." Mr. Blue added:
"Plus the fact, Madame Chairman, that the only reason we are
considering this is because it is in the floodplain and not from
the environmental standpoint of protecting the stream, though I
understand your concerns. But I don't think we can require such
a condition."
Mr. Dotson asked: "Can rely on the fact that you will be
providing these alternate watering places and the pasture pumps?
Would that be a part of the application so that in approving it
we are approving that?" Mr. Driver replied: "If the special
permit were approved, and we were to get cattle, then he would
not have a problem with requiring the use of pasture pumps, or
fencing, as an alternative to keeping the cattle out of the
stream." Mr. Dotson asked: "I guess what I'm trying to figure
out is, if we approve this should we expect the pasture pumps to
be there --would they be?" Mr. Driver replied: "If he has
cattle."
/&07
5-10-94 9
Mr. Dotson inquired as to the current use of the property. Mr.
Driver explained the property is approximately 30% in idle
pasture. There are currently no cattle on the property. Mr.
Dotson asked if there was any aspect of a fishery existing at
this time, e.g. "does he stock the ponds or is this a development
plan for what he would like to do in the future?" Mr. Driver
replied: "Yes, he does currently stock the ponds."
Ms. Imhoff questioned whether the Commission could condition
"what you are suggesting", though "we can put it in the minutes
that it is the Planning Commission's hope and desire that they
could fence or they could do these alternate watering (devices),
but I don't feel we could condition the special permit that way."
Mr. Dotson clarified: "I guess my question was whether it is the
applicant's proposal --the justification for the impoundments or
the enhancements is in order to make the pumps work." Ms. Imhoff
determined Mr. Dotson was trying to ascertain whether the pumps
"were part of the package."
Mr. Davis commented: "I think you could make it a case that it
is a reasonable condition relating to this permit. I think you
need to be careful as to how you structure it, but I think you
could make it a condition."
Mr. Blue commented: "It seems to me that if neighbors up and
downstream are not required to fence cattle, and it reallly
doesn't have much to do with being in the floodplain, I don't
think that we should condition that at all. If we agree that the
structures themselves are not going to create a hazard or be
detrimental as far as flooding is concerned, I don't see that we
really need to look at the other aspects other than the fact that
we have discussed them (and the record will show) we are
interested in them. But I think any requirement would be wrong."
Ms. Huckle asked if Ms. Imhoff had some wording she wished to
suggest. Ms. Imhoff replied: "I was questioning it because I am
not in favor of adding that condition. I feel that the dialogue
during the meeting will indicate to the applicant --the only four
conditions which I feel we need to add are the ones outlined in
Don Franco's letter."
The applicant's attorney, Mr. Steve Blain, commented: "It's not
unlike the other proposed uses would result from these
impoundment structures. We wouldn't suggest that the applicant
be required to conduct a fishery, for example. So it's
analagous; these are one of the uses, one of the benefits of
these impoundment structures and if the applicant does raise
cattle, he will use these drinking devices."
Ms. Huckle expressed the original understanding that the reason
for the request "in the first place" was "to water the cattle and
5-10-94
Me]
have the water to put into these ponds to raise the fish." Mr.
Blain responded: "Well, that's right but you are not requiring
him to do those things. If he builds the impoundment structures,
this is what he will do, but he may choose at some point not to
do it."
Ms. Imhoff recalled that the original report had stated that the
applicant also wanted the impoundments for "aesthetic improvement
of the stream." Mr. Driver pointed out that the impoundments
will "increase the dissolved oxygen content in the stream, so
that regardlesss of whether the applicant chooses to use water
from the stream, they will be beneficial to the stream"
Mr. Dotson noted: "So I guess what it comes down to, it's like
the Blue Goose, we have a pretty architectural rendering but that
is not part of the approval."
There being no public comment, the matter was placed before the
Commission.
Ms. Imhoff expressed the opinion that "this will be an
improvement to the stream and not a detriment." She also
expressed understanding of the desire, whenever possible, to
encourage "best management practices," and she hoped the
landowner would consider all those things. She concluded: "But
for right now, I think the four conditions outlined by the
Engineering Department are appropriate."
MOTION: Ms. Imhoff moved, seconded by Mr. Blue, that SP-93-41
for Pagebrook Farm be recommended to the Board of Supervisors for
approval subject to the following conditions:
1. Department of Engineering aproval of Final Dam Design Plans
and hydrologic/hydraulic computations.
2. water Resources Manager approval of the Water Quality Impact
Assessment.
3. Department of Engineering approval of the Erosion Control
Plan.
4. Compliance with applicable Federal and state permiting
requirements for activities within perennial streams.
The motion passed unanimously.
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Individual Design Requirements - Resolution of Intent - Mr.
Keeler explained that experience has shown that single -width
driveways have not worked well in single-family (and some duplex)
developments. One car often winds up being parked on the street
even though the present Ordinance does not require that roads be
5-10-94 11
designed to allow on -street parking. Staff has developed some
alternative designs for off-street parking. The purpose of the
amendments is "to provide consistency in terms of review as
personnel change and also in terms of the application and
regulations." He explained that presently there is actually no
regulation on the books and "this would codify and give the
applicant foreknowledge as to what to design to." He explained
that the amendment proposes changes in the review process to
"make sure that any difficult lots are identified" as well as
other proposed changes. The Commission was being asked, at this
time, to adopt a Resolution of Intent "to enable staff to
advertise the amendments at a point in time where we've
accomplished the rest of this review." He called attention to a
report of an Ad Hoc Committee, made up of Engineering,
Inspections, Zoning and Planning. Mr. Kelsey (Engineering)
suggests in the report that "prior to the adoption of any textual
amendments, the administrative policies of the Engineering
Department must be distributed to the staff and the development
community for review and comment." He stated that would be done
before the amendments are brought back to the Commission.
Ms. Imhoff asked if any citizen groups are routinely advised of
proposed zoning text amendments. Mr. Keeler was unaware of any
specific requests from citizen requests for such notification.
He stated that staff would be happy to meet with any citizen
groups.* Ms. Imhoff felt the Albemarle County Housing Committee
would probably like to be made aware of any items which could
effect the cost of housing. Mr. Keeler felt this amendment would
be of such "infrequent use" that it will not likely significantly
effect any housing cost "unless there is a situation where off-
street parking isn't going to work and the roads have to be
widened as a result." He felt most developers would avoid this
type of situation because there are less costly off-street
designs than going to an additional 16 feet of pavement.
Ms. Huckle felt it would be less costly for the developer to
follow the proposed amendment than to have to repair damage which
has been done. She also felt it would save the County money in
terms of staff time "involved in trying to repair some damage."
Mr. Nitchmann asked if any of the slope recommendations contained
in the proposed amendments had been compared to any areas which
have steep terrain, such as Pittsburg or West Virginia. He
pointed out that if these proposed percentages were adhered to in
those areas, it would not be possible to build anywhere. He
pointed out that the homeowners in those areas do not seem to
mind those slopes. He noted that as the most desirable land gets
used up for development, "at some point in time down the road we
are going to be using more land that is of the nature of the Mill
Creek area." He concluded: "I just want to make sure that
before we start requiring certain percentages of slopes that we
do look into some other areas to be sure that we are not
*Ms. Lmhoff also asked that Citizens for Albemarle receive notification.
5-10-94
requiring something that is too
Imhoff felt this was a separate
overall discussion about steep
12
much." Mr. Blue agreed. Ms.
issue and should be part of an
slopes, infill development, etc.
Ms. Huckle explained that the situation which "had brought this
to a head" had had adequate space for a flat place to park, but
it wasn't developed as the site plan suggested and very steep
driveways were allowed to remain." She had been advised that
"some cars have run away ... off the driveways." She felt this was
a burden for the average homeowner.
Referring to No. 2 in staff's report, Mr. Blue asked why a
different slope was proposed for upslope (12%) and downslope
(8%). He reasoned that this would work only if you have one-way
driveways. He pointed out: "What goes up must come down and it
seems to me it ought to be the same." Mr. Keeler explained:
"You want somebody to be able to stop before he gets to the
road."
Ms. Imhoff expressed the hope that when discussions on slope do
take place that there be slides available showing what the
different slopes are. Mr. Dotson also suggested that a self --
guided field trip would be helpful.
Ms. Huckle commented that these steep driveways also add to the
problem of can -street parking and can hinder access for emergency
vehicles. She was aware that scene cars had had to be towed during the
bad weather.
Mr. Nitchmann pointed out that the owner of the home "knew what
the driveway was like when they bought the property. Ms. Huckle
did not think this was always true since sometimes homes are
purchased before they are complete.
Ms. Imhoff attempted to make a motion but there was first some
discussion as to exactly what was being approved.
MOTION:Mr. Nitchmann moved that the Albemarle County Planning
Commission, to serve the public necessity, convenience, general
welfare or good zoning practice, adopt a Resolution of Intent to
consider the amendment of the zoning Ordinance to require design
standards for individual driveway design.
Ms.Imhoff seconded the motion.
Discussion:
Mr. Dotson expressed the feeling that the language used in the
staff report "was very, very vague." He felt the language of the
motion should be more specific as to what was being considered,
for the benefit of the public, e.g. "to provide for on -street
parking, or to provide for at -curb bays, etc., in situations
where slopes are in excess of..." Ms. Huckle pointed out that
5-10-94
13
the "meat" of the amendment will come later after further study.
Mr. Cilimberg explained that the Commission's motion is not a
public notice and that the public notice will be more descriptive
and will refer to specific sections and intent of amendment.
Ms. Imhoff explained further: "This just gets the ball rolling
and directs staff to be more detailed when they put out the
public ad."
Mr. Dotson concluded: "As long as the public (notice) says more
than design standards in certain cases, then O.K."
Mr. Cilimberg also explained that the language for the motion
adopting the Resolution of Intent is necessarily general so that
the study can cover a number of things which the Resolution might
not have covered.
The previously stated motion was unanimously approved.
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MISCELLANEOUS
Mr. Nitchmann asked if the upcoming Comp Plan review should take
into consideration the City's possible reversion to town status.
He felt this would have a significant impact on the County. He
wondered if this question should be posed to the Board. Ms.
Imhoff suggested that this question be put on the agenda for the
joint Board and Commission meeting. (Mr. Cilimberg stated staff
was attempting to set a meeting for late June. He added that he
was of the impression that before a change could take effect,
there would have to be new comprehensive planning at that time.
Mr. Davis added that the Blue Ribbon Commission recently
completed by the City addresses a lot of these issues and one
recommendation is that a body, composed of city and county
residents and representatives of each Planning Commission, be
formed to study the issues surrounding consolidation. He agreed
this was a good question and felt it would be appropriate at the
joint meeting with the Board.)
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Ms. Imhoff reported that she had attended the meeting of the
Housing Committee. She stated that the meetings will be held the
fourth Thursday of each month, with the next meeting being set
for May 26th at 9:00 a.m. in the 4th floor Board room. Agendas
will be forwarded to staff for inclusion in Commission packets.
Ms. Imhoff reported there will be an Open House sponsored by the
Sustainable Development Committee on Sunday, May 15, 2:00 to 5:00
at PVCC.
Ms. Imhoff requested a tour of the UREF site (North Fork), prior
to the May 17 meeting. Ms. Huckle felt other Commissioners might
also be interested. Mr. Dotson cautioned that no more than 2
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5-10-94 14
Commissioners could be present (because of public notice
requirements). Ms. Imhoff was of the opinion that if no
decisions were being made, site visits as a whole Commission were
allowed. Mr. Davis commented: "You can always meet as a body
and go on a site visit as long as it's announced and the press is
aware of it. ...and the best way to handle it is to announce it
at a meeting that you are going to do this at a set time and then
convene to that time. If you don't meet, that's not a problem,
but if you do meet then it's a public meeting and everyone knows
about it. The understanding is that you don't conduct business,
formally there, but you are meeting as a Commission." Mr. Dotson
suggested that those interested meet at 5:00 on May 17. Mr.
Cilimberg stated that arrangements could be made. He noted,
however, that the presentation that will be made by UREF at the
May 17 meeting will not be related to a specific proposal since
one has not yet been submitted. Given that information, Ms.
Imhoff stated she would prefer that a site visit be delayed until
the specifics of the proposal are known. The applicant is unsure
when that will be.
Referring to a section out of the Background Report which Mr.
Benish had distributed at the May 3rd meeting, Mr. Dotson
expressed the feeling that it was exactly the type of document
which the Commission needs to focus on. He also expressed the
feeling that the Commission needs to stick with one topic at a
time until progress has been made. Ms. Imhoff suggested that the
Commission might submit individual written comments on this
section of the report to staff by May 17. Mr. Cilimberg suggested
that the Commission might want to hold comments until the rest
of the report has been distributed. The Background Report is
almost complete. Mr. Dotson again expressed the feeling that one
topic at a time should be addressed before moving forward. He
seconded Ms. Imhoff's suggestion that comments on the Employment
section be submitted to staff by May 17th and possibly a work
session scheduled to discuss the section.
Mr. Dotson asked if the Carrsbrook Site Plan would come before
the Commission. Mr. Cilimberg replied affirmatively.
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There being there no further business, the meeting adjourned at
8:45.
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