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HomeMy WebLinkAbout01 05 1993 PC Minutes1-5-93 1 JANUARY 5, 1993 The Albemarle County Planning Commission held a public hearing on Tuesday, January 5, 1993, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. Phil Grimm, Chairman; Mr. Walter Johnson, Vice Chairman; Mr. William Nitchmann; Mr. Tom Blue; Ms. Ellen Andersen; and Ms. Babs Huckle. Other officials present were: Mr. Wayne Cilimberg, Director of Planning and Community Development.; Mr. Ron Keeler, Chief of Planning; Mr. Rich Tarbell, Senior Planner; Ms. Mary Joy Scala, Senior Planner; and Mr. Jim Bowling, Deputy County Attorney. Absent: Commissioner Jenkins. The Chairman called the meeting to order at 7:00 p.m. and established that a quorum was present. Election of Officers Mr. Grimm and Mr. Johnson were unanimously re-elected as Chairman and Vice Chairman of the Commission. Mr. Cilimberg was unanimously relected as Secretary. (No other nominations were offered.) Meeting days and times were unanimously re -affirmed to be 7:00 p.m., Tuesday evenings, County Office Building. CONSENT AGENDA Addition to Sugar Hollow Agricultural/Forestal District - Consists of three parcels totalling 149.717 acres on the north side of Rt. 614 at Sugar Hollow. The existing district contains 3,269.69 acres. and Withdrawal from Totier Creek A ricultural Forestal District - Consists of one parcel containing 246.44 acres on the east side of Rt. 20 near Keene. The existing district contains 8,638.74 acres. Ms. Scala presented a brief staff report. In response to Mr. Johnson's question as to why the owners of the Totier Creek District had not been notified, Ms. Scala explained that proper notification had been given, based on the existing addresses of record; however, because of a change in management of the limited partnership, the notice did not "get into the proper hands." �97 1-5-93 2 Mr. Nitchmann moved, seconded by Mr. Johnson, that the Consent Agenda be approved. The motion passed unanimously. SDP-92-084) - IBM Major Site Plan Amendment - Proposal to locate a 6,000 square foot addition to an existing 24,000 square foot building on 1.89 acres. Property, described as Tax Map 60, Parcel 48, is located on the south side of Old Ivy Road approximately 1800 feet east of the Route 250/29 Bypass. Zoned C-1, Commercial, this site is located in the Jack Jouett Magisterial District. This site is located in a designated growth area (N7) and is recommended for Office service. Ms. Hipski presented the staff report. Staff was recommending approval of the request. Because the applicant was not present, discussion of this item was delayed until later in the meeting. Colonial of Charlottesville Major Site Plan Amendment - The applicant is proposing to delete 56 parking spaces and an internal access road from the previously approved plan and permit parking on the north side of Myers Drive. The 10-acre site is currently occupied by the Colonial Auto dealership. The site is located on the west side of Rt. 29N just south of Rio Hills Shopping Center in the Charlottesville Magisterial District. The property is described as Tax Map 45, Parcels 94A and B and is zoned HC, Highway Commercial and EC, Entrance Corridor. This site is located in a designated growth area (N1) and is recommended for Regional Service. The applicant was requesting deferral to January 21, 1993. Mr. Johnson asked that the Engineering Department be asked to review their statements in regard to the elimination of parking. He indicated he could not draw the same conclusions as those referenced in the Engineering Department memorandum. Mr. Nitchmann moved, seconded by Ms. Andersen, that the item be deferred to January 21, 1993. Discussion: There was a general discussion about last-minute requests for deferrals. Recalling several such deferrals in recent weeks, Mr. Blue wondered if this is a common occurence and, if so, why? He wondered if there was a communication problem between staff and applicants. IV-6- 1-5-93 3 Mr. Cilimberg explained that applicants receive staff reports at approximately the same time as the Commission, i.e. they are mailed to the applicant on the same day the Commission is given the report. Mr. Blue asked if this meant that the applicant was not aware of what staff's recommendation was going to be until one week before the meeting. Mr. Cilimberg responded affirmatively. He added, however, that the applicant is made aware of staff's comments and concerns at the time of site review. Based on Mr. Cilimberg's explanation, Mr. Blue indicated he was not sympathetic to requests for deferrals if the applicants are aware well in advance of staff concerns and the need for modifications to a plan. (Mr. Keeler later explained that applicants receive a written summary of site review comments no later than the day following the site review meeting.) Mr. Johnson stated he was "very much in favor of the applicant being provided information at the earliest possible moment," even if the Commission has not yet received the staff report. The previously stated motion for deferral passed unanimously. SDP-92-085 - Leisure Unlimited Vacations Preliminary Site Plan - Proposal to construct a 2000 square foot building with six parking spaces for tour bus storage on a 1.18 acre site. Property, described as Tax Map 76M(1) Parcel 21, is located on the north side of Five Springs Road adjacent to Bartlett Tree Company in the Mill Creek Industrial Park. This site is zoned PUD, Planned Unit Development in the Scottsville Magisterial District. This site is located in a designated growth area (N4) and is recommended for Industrial Service. Mr. Tarbell presented the staff report. Staff recommended approval subject to conditions. The applicant ws represented by Mr. Tom Muncaster. He offered no additional comment. There being no public comment, the matter was placed before the Commission. Mr. Nitchmann moved, seconded by Mr. Blue, that the Leisure Unlimited Vacations Preliminary Site Plan be approved subject to the following conditions: 1. The Planning Department shall not accept submittal of the final site plan for signature until tentative approvals for the following conditions have been obtained. The final site plan shall not be signed until the following conditions are met: iy� 1-5-93 4 a. Department of Engineering approval of grading and drainage plans and calculations; b. Department of Engineering approval of stormwater detention plans and calculations; C. Department of Engineering approval of an erosion control plan; d. Department of Engineering approval of entrance design; e. Albemarle County Service Authority approval of final water plans; f. Staff approval of a final landscape plan including a conservation plan and a note stating all landscaping shall be maintained and replaced should any die. 2. Administrative approval of the final site plan. 3. A Certificate of occupancy shall not be issued until the following condition is met: a. Construction of Five Springs Road to this site; b. Fire Official final approval. The motion passed unanimously. SDP-92-083) - South Pantops Office Complex IV Preliminary Site Plan - Proposal to construct a 16,746 square foot building and 69 parking spaces on a 1.379 acre site. Property, described as Tax Map 78, Parcels 17H2 (part) and 16A, is located on the north side of South Pantops Drive approximately 200 feet east of Riverbend Drive. Zoned PD-SC, Planned Development Shopping Center and HC, Highway Commercial in the Rivanna Magisterial District. This site is located in a designated growth area (N3) and is recommended for Community Service. Mr. Tarbell presented the staff report. Staff recommended approval subject to conditions. The applicant was represented by Mr. Steve Melton. He offered to answer Commission questions. There being no public comment, the matter was placed before the Commission. Mr. Blue moved, seconded by Mr. Nitchmann, that the South Pantops Office Complex IV Preliminary Site Plan be approved subject to the following conditions: 1. The Planning Department shall not accept submittal of the final site plan for signature until tentative approvals for the following conditions have been obtained. The final site plan shall not be signed until the following conditions are met: 1117 1-5-93 5 a. Department drainage plans and b. Department detention plans and provisions; c. Department control plan; d. Albemarle final water plans. of Engineering approval of grading and calculations; of Engineering approval of stormwater calculations or explanation of existing of Engineering approval of an erosion County Service Authority approval of 2. Administrative approval of the final site plan. 3. A Certificate of Occupancy shall not be issued until the following condition is met: a. Fire Official final approval. The motion passed unanimously. (SDP-93-086) - ACAC Major Site Plan Amendment - Proposal to construct three new tennis courts, relocate the tennis shop, modify the pool deck, and reconfigure the parking lot to accommodate nine new spaces. Property, described as Tax Map 61X1, Parcels 4 and 4A located on the east side of Four Seasons Drive approximately 1/2 mile south of Rio Road. Zoned PUD, Planned Unit Development in the Charlottesville Magisterial District. This site is located in a designated growth area (N1) and is recommended for Medium Density Residential. Mr. Tarbell presented the staff report. Staff recommended approval subject to conditions. In answer to Ms. Huckle's question regarding how parking needs are calculated, Mr. Tarbell explained that the Zoning Administrator has determined that "the parking as proposed is adequate, based on her interpretation of a ruling by a previous zoning administrator." He explained further that there are no parking standards for tennis courts, but the Zoning Administrator has determined that 2 spaces/court is adequate. Ms. Huckle felt it would be difficult to compute parking needs given the variety of activities. She felt it was conceivable that 12 parking spaces could be needed for 3 tennis courts (as opposed to the Zoning Administrator's determination of 9). She recalled complaints regarding parking problems during previous hearings on this use. (Ms. Huckle expressed this same concern several times during the hearing.) Regarding concerns expressed to staff, Mr. Tarbell explained that they dealt primarly with the use itself, expansion of the use, and future plans, and were not things which could be addressed through the conditions of approval. Since Wl 1-5-93 6 residents of Four Seasons were always aware that this was to be a recreation area, he perceived that a primary concern is with the number of amendments to the recreation area which have been approved. Mr. Grimm noted that the property is properly zoned for the use proposed. Mr. Tarbell reviewed the history of the site. Mr. Blue asked if the original PUD had shown this recreational complex. Mr. Tarbell responded: "The original PUD called for it to be a recreational area but not a part of the PUD. ... It's always been a recreational area, but I don't know what physical plan (the original plan) called for." Mr. Blue concluded that there had been no plans showing tennis courts in such close proximity to several back yards. Ms. Huckle was under the impression that the recreation area had originally intended to be for use by Four Seasons residents only. Mr. Keeler stated that the membership had never been restricted to the residents of the PUD. He explained that it was always zoned separately but it was shown on the original plans as a recreation area. Ms. Huckle asked if staff had any information on the current membership in the facility. Staff had no such information. Mr. Nitchmann asked if staff was aware of any formal complaints which have been received by either the Zoning Department or the Police Department in relation to the parking problem. Mr. Tarbell indicated he was not aware of formal complaints, but he was aware of concerns about parking problems which occur during special events, such as swim meets. Mr. Nitchmann agreed with Ms. Huckle regarding the inadequacy of the 9 parking spaces to serve the proposed tennis courts. He asked if the Zoning Administrator, when determining parking needs, had taken into consideration the increase in membership since the time of the original approval. Mr. Tarbell again explained that the Zoning Administrator's determination had been based on a previous Zoning Administrator's ruling (1985) and, in her opinion, 9 spaces are adequate. Mr. Tarbell stated that staff often receives calls about problems with this use related to noise, construction, dumping, etc. He could not document the calls. He felt this was to be expected with this type of use in the middle of a residential neighborhood. Ms. Huckle expressed an interest in the membership record as of 1985 as compared to present membership. Staff had no acoess to such information though Mr. Tarbell suggested that the applicant may be able to answer the question. OCUMIK 7 Mr. Johnson recalled that the primary complaint at the time of the last amendment had been related to parking. (Ms. Huckle shared this recollection.) The applicant was represented by Steve Von Stork (architect for the project). He explained that parking needs (for any Use in the County) are calculated based on "square footage of floor space dedicated to recreation and floor space dedicated to office space." Thus, 125 sq. ft. of recreational space per parking space, plus the office needs, generated the need for 100 spaces. He stated that has not been adequate for the owner. Presently, there are 168 spaces, 68 spaces more than the "old formula." He agreed that there are times when these spaces have proven inadequate. He noted that this plan will re -locate 20 seldom -used spaces, making them more useable than they presently are, and along with the 9 new spaces requested, the owners feel they will actually be gaining 29 spaces. He noted that the re -location of the 20 spaces should address some of the neighbors complaints about how those spaces were being used. (Young people are using them late at night, playing loud music, etc.) He stated that the tennis courts will not be lighted, thus night-time use should not be a problem. He stated that the applicant is "open to re-inforcing the existing landscape buffer which will not be at all impinged by this new work." Regarding membership, he did not know the original membership. (The current membership was later estimated to be 1,200.) He stated that attempts have been made, unsuccessfully, to determine what percentage of the membership is present at any given time. In response to Mr. Grimm's question, Mr. Von Stork stated he was aware of problems with parking on the road for certain events. However, it was determined that this is a County or State enforcement issue because it is a public road. The possibility of No Parking signs was mentioned; presently no such signs exist. Mr. Johnson noted that a denial of this request would result in "the status quo continuing." He stated that the "status quo" is not under review. Rather, the review is concerned with the effect of adding the facilities which are requested. He did not think the status of the existing parking was at issue. He felt the review was "getting astray" of the application. Mr. Blue commented: "Well, if they've already got a parking problem, it's debatable if this is going to improve it." Mr. Grimm noted that parking is a part of the amended site plan, thus it is relevant to the issue. Mr. Bowling pointed out that the zoning Administrator has determined that the proposed parking meets the current M 1-5-93 8 ordinance requirements. He added that if the Commission disagrees with this determination, based on public health and safety concerns, there is an appeal process which can be followed. The following members of the public, residents of Four Seasons, expressed opposition to the proposal: Dennis Wanlass, Verline Gwathney, Ms. Hamish (and her son). Mr. Wanlass called attention to eleven letters of opposition to the proposal. Their reasons for opposition included: --Parking problems caused by lack of sufficient parking for membership. --Site is much too intensely developed, much more than was originally anticipated. --Noise from activities and lawn equipment. Noise was not as great a problem in the early days of the club. Even inside music can be heard in nearby homes. --Negative impact on property values. --Club has no security measures. (Drug dealing was mentioned.) --Proposed Tennis Pro Shop will be as large as some of Four Seasons homes. --Lack of neighborhood awareness of the proposal (only those with "adjoining" property were notified). --Is a parking garage in the the future? --Facility should not keep "getting permission to outgrow everybody else." --If this kind of expansion was envisioned by the applicant, the facility should have located elsewhere in the beginning. Mr. Von Stork noted that the property had been previously rezoned and the plan had shown a much larger building than the total of all the existing buildings. He stated the owner feels he has been responsible —in providing more than the Ordinance requires and he also feels the relocation of the 20 rear spaces will be an improvement. He felt the applicant has tried to be a good neighbor in a difficult situation. In terms of addressing the specific problems mentioned by the residents, he felt there were "little" things which can be done to be responsive "to little local problems," but he did not have a solution to the "overall concern" of the residents. He noted that he was not an employee of the applicant so his authority was limited. However, he agreed that the formation of a "joint committee" of residents and Club staff would be helpful. There being no further comment, the matter was placed before the Commission. Ms. Huckle asked staff to comment on Ordinance regulations related to noise levels. Mr. Keeler pointed out that unless complaints are filed with the Zoning Administrator or the o2a/ 1-5-93 9 Police Department, the County will not get involved. (He noted that 5.12 and 5.16 are the two applicable provisions.) Mr. Blue asked staff if their recommendation on this request might have been different if there had been records of formal complaints. Mr. Tarbell responded negatively. He explained that he had reviewed the site plan as a physical improvement with a minimum physical impact on the land and had not considered issues such as noise, stray tennis balls, etc. Mr. Bowling pointed out that this is not a re -zoning review; it is a site development plan for a by -right use. The only issue is whether or not it complies with current zoning requirements. The applicant has the right to expand "up to 25,000 square feet of the building." Mr. Tarbell added that he had been unable to identify any specific prohibition in the rezoning which would indicate that the use is expanding beyond what was anticipated. Mr. Blue noted that the concerns voiced by the residents are already in existence and even if the Commission does nothing those problems will remain. He felt that the current request might eliminate some of the problems though it may cause others. He concluded that if the tennis courts were shown on the original plan and if there are no parking requirements related to number of members, "then we are just groping in the dark to find some reason to turn this down and say that it doesn't meet legal conditions because we don't have anything. Mr. Bowling stated that in order to deny this site development plan the Code of Virginia requires you must "give specific reasons for disapproval and the reasons shall identify deficiencies in the plat which cause the disapproval by reference to specific duly adopted ordinances, regulations and policies and then you must generally identify such modifications or corrections as will permit approval." Ms. Huckle asked: "Doesn't site development address parking as part of its perview?" Mr. Bowling: "Yes it does, but the Zoning Administrator has determined that the parking proposed here meets the requirements under your current ordinance." Mr. Cilimberg: "I believe she has determined that it meets the requirements based on the zoning that was established on the site, the perameters established, back in 1985." Ms. Huckle concluded: "I don't think that applies any more . " 144� 1-5-93 10 Mr. Bowling stated it was the Zoning Administrator's job to interpret parking. He suggested that the Commission might request that the Zoning Administrator explain her rationale. Mr. Blue felt there should be some criteria related to membership for this type of case, i.e. a recreational facility in the middle of a residential neighborhood. Mr. Cilimberg explained that the time to place limitations on this type of use is at the time of the rezoning or special permit hearing. That was not done in this case. Ms. Andersen asked if there were any way to correct what may have been an error, i.e. "is there a way of acknowledging that this is a situation that is a problem and the perameters don't work?" Mr. Cilimberg explained that what Ms. Andersen had described is "government initiated downzoning." He had no personal experience with this approach. Mr. Bowling added: "You can say the zoning is a mistake, but you need some hard, empirical evidence to justify that decision." Mr. Blue felt the problems which have been mentioned were more related to the use of the building. He did not think the additional tennis courts would add to those problems. Mr. Johnson called attention to Section 5.1.16 of the Zoning Ordinance which limits noise levels to 40 decibels at the nearest property line. He advised the residents that they could make a complaint to the Zoning Department and ask that the noise levels be checked. Mr. Tarbell explained that there currently exists 10,500 square feet of floor space (out a total of 26,000 allowable). Mr. Nitchmann felt the Commission's hands were "legally tied" in terms of a denial. Mr. Blue suggested that deferral, based on a request for more information from the Zoning Administrator on parking calculations, would give the applicant and residents time to meet to try to work out some of the concerns. Mr. Bowling confirmed that a deferral, in order to seek additional information from the Zoning Administrator, was acceptable. Mr. Nitchmann agreed that a deferral was called for. Ms. Huckle expressed an interest in knowing the membership in 1985. She felt this was important information in terms of defining a change in situation which would effect parking a00 1-5-93 11 calculations. (Mr. Johnson pointed out that there had been no limitation on the membership.) Mr. Bowling felt it should be possible to control parking in private driveways and on the public road. He noted that the residents need to initiate the process by filing formal complaints. (Mr. Keeler felt a lot of the problems were police matters.) Mr. Blue felt that a deferral to allow time to receive more information from the Zoning Administrator regarding parking and to allow time for the owner to meet with the residents to try to work out a compromise in their positions would result in it "being a whole lot easier to get this approved." Mr. Von Stork attempted to clarify the Commission's position: "I assume the parking issue that you are looking for additional support on is whether or not 9 spaces is enough additional parking for 3 additional tennis courts." Mr. Blue responded: "Technically, that's correct ... but actually I'm just looking for a way to delay it so we can get together." Mr. Von Stork indicated he felt the applicant would have no problem with working with the neighborhood. However, he added: "But I don't think they want to be in a position where they are going back and having site plans that were approved quite recently re -challenged." Mr. Blue: "I wasn't suggesting that. I was just trying to look for a way to get these people together, if it is is possible. If it's not, then we've got to make a decision as to whether or not to allow these tennis courts." Mr. Johnson agreed the only action available at present is to defer the item until the issue of the parking can be resolved. Mr. Bowling confirmed that a member of the public has the right to appeal the Zoning Administrator's decision on parking to the BZA. Mr. Nitchmann asked if the owner was aware of the neighborhood dissatisfaction. He asked why the owner was not present. Mr. Tarbell explained that the applicant must have a representative at the meeting but is not required to attend personally. Mr. Von Stork explained that "as of today" he had become aware of two individuals who are in opposition and only today had it become apparent there "were more disgruntled people than just those two." He did not know to what extent the management is aware of the neighborhood dissatisfaction. �D 1-5-93 12 There was a brief discussion about time limitations. Mr. Bowling explained the request must be acted upon within 60 days of submittal. Mr. Tarbell reported the submittal date as November 16, 1992. Mr. Keeler noted that the item could be deferred beyond the 60-day period, with the consent of the applicant. Mr. Von Stork was agreeable to deferrment to January 21, "in the spirit of neighborhood cooperation." He noted, however: "We'd like to be on record that we think that 9 spaces has been deemed to be adequate parking by the Zoning Administrator for the three additional courts and we feel we have the right to have the plan approved tonight." Mr. Johnson moved, seconded by Ms. Andersen, that ACAC Major Site Plan Amendment be deferred to January 21, 1993. The motion passed unanimously. Mr. Tarbell asked the Chairman if the public hearing would be re -opened on the 21st, i.e. will persons who have not already expressed concerns be allowed to speak or will these same persons be allowed to speak again? Mr. Grimm stated it is anticipated that the leadership of the homeowners' associations will meet with ACAC and then act as spokesperson for the neighbors. Mr. Johnson asked if the Commission could "make that restriction." Mr. Bowling responded: "You've had your public hearing." SDP-92-084 - IBM Major Site Plan Amendment (Continued) The staff report having been presented earlier in the meeting, the Chairman invited applicant comment. The applicant was represented by Mr. Richard Shank. He offered no additional comment. There being no public comment, the matter was placed before the Commission. Mr. Nitchmann moved, seconded by Mr. Johnson, that the IBM Major Site Plan Amendment be approved subject to the following conditions: 1. The Planning Department shall not accept submittal of the final site plan for signature until tentative approvals for the following conditions have been obtained. The final site plan shall not be signed until the following conditions are met: a. Albemarle County Service Authority approval of additional fixture load on meter; 1-5-93 13 b. Architectural Review Board issuance of final Certificate of Appropriateness; C. Department of Engineering and calculations; d. Department of Engineering wall design; e. Department of Engineering Control Plan; f. Department of Engineering detention; approval of grading plans approval of retaining approval of an Erosion approval of stormwater g. Zoning Department approval. 2. Staff approval of final site plan. The motion passed unanimouly. Economic Development Policy - Mr. Nitchmann reported on the progress of the proposed policy. After having met with Mr. Cilimberg and Mr. Tucker, it was decided the best approach is to first establish the policy as part of the Comprehensive Plan. This would involve amendment of the Economic Development section of the Plan (page 13) by replacing the existing statement with new goals and supporting objectives and strategies. (A copy of Mr. Nitchmann's proposal is made a part of these minutes as Attachment A.) Mr. Nitchmann proposed that he and Mr. Grimm act as a "sub -committee" to work with staff on development of goals and objectives with a report back to the Commission on March 2, 1993. He proposed a public hearing be held in April with recommendations to be passed on to the Board of Supervisors at that time. He felt it was very important that "proper policies" be in place in order to receive State recognition. He asked for Commission support to move forward with the proposal. Mr. Blue moved, seconded by Mr. Johnson, that a Sub -Committee be formed to develop an economic development policy statement for possible inclusion in the Comprehensive Plan, with said committee to report back to the Commission on March 2. The motion passed unanimously. MISCELLANEOUS Mr. Nitchmann called attention to a recently established HUD Information Center dealing with Regulatory Reform for affordable housing information. The Center can be reached through an 800 number. Mr. Nitchmann asked if the County is a member of the Virginia Economic Development Association. Mr. Cilimberg stated that the Planning Department is not a member, but he 1-5-93 14 did not know whether or not the County was a member. He offered to check. Mr. Johnson distributed copies of an article from the Washington Post related to schools' role in job training. Annual Report - Mr. Grimm volunteered to prepare the 1992 Annual Report. Comprehensive Plan Review - Mr. Johnson asked that consideration be given to the "pros and cons of availing ourselves of any consulting expertise as this plan is reviewed." AgZForestal Districts - Mr. Johnson suggested that an analysis be done to determine the effectiveness of these districts. Mr. Cilimberg felt it would be difficult to perform this type of analysis. He also noted that the controversy in some areas lies more with use -value taxation outside of ag-forestal districts. It was explained that being in an ag-forestal district does not automatically qualify land for use -value taxation in Albemarle County --separate criteria for use -value taxation must also be met. Only in counties where use -value is not available do ag-forestal districts automatically qualify for use -value taxation. Ms. Huckle noted that ag-forestal districts are advantageous to the County because it sets aside land which, if developed, would cost the County a lot of money in terms of infrastructure. There being no further business, the meeting adjourned at 10:00 P.M. V. Way,` Cilimberg, retary DB