HomeMy WebLinkAbout07 08 1993 PC Minutes7-8-93
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JULY 8, 1993
The Albemarle County Planning Commission held a public
hearing on Thursday, July 8, 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 Jenkins; Mr.
Tom Blue; Ms. Ellen Andersen; and Ms. Babs Huckle. Other
officials present were: Mr. Wayne Cilimberg, Director of
Planning and Community Development; Mr. David Benish, Chief
of Community Development; Mr. Bill Fritz, Senior Planner;
and Mr. George St. John, County Attorney.
The Chairman called the meeting to order at 7:00 p.m. and
established that a quorum was present. The minutes of June
8 and June 15 were approved as amended.
CPA-93-05 - Mill Creek Commercial - A request to amend the
Comprehensive Plan Land Use Map to change the land use
designation on approximately 6.8 acres from Neighborhood
Service to Medium Density Residential in Urban Neighborhood
4. The area is located on the west side of Route 742 (Avon
Street) between Mill Creek Drive and Southern Parkway in the
Scottsville Magisterial District and is a portion of the
Mill Creek Planned Unit Development.
Mr. Benish presented the staff report. The report
concluded: "Staff recommends amending the Comprehensive Plan
to change the land use designation on approximately 6.8
acres within the Mill Creek PUD from Neighborhood Service to
Medium Density Residential. Also, a new commercial area
should be designated within Neighborhood 4 to replace that
lost at Mill Creek. Areas to be considered for the
replacement of the Neighborhood Service designation should
be located in an area fronting on Route 742 (Avon Street),
preferably centralized to the existing and planned
residential development along Avon Street. ..."
In response to Mr. Blue's question as to why previously
designated commercial areas on the east side of Avon Street
had been removed from the Comprehensive Plan, Mr. Benish
recalled that the Board had been concerned about the amount
of commercial designation in this area. Thus, when this
property was designated commercial, some of the other
designation had been removed. (It has now been determined
that this property is really not suitable for commercial
development because of the topography.)
There was a discussion about the proposed connector road
between Rt. 20 and Avon Street and future road plans for
this area.
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The applicant was represented by Ms. Marilyn Gale. She
explained that after having reviewed on -site engineering
issues, the applicant feels that this site is not suitable
for commercial development. It is acceptable for residential
development because residential can withstand steeper
grades.
There being no public comment, the matter was placed before
the Commission.
Mr. Johnson felt staff's assessment of the need for
commercial development in this area was "extremely valid."
He felt that going through the process of designating other
land (on the east side of 742) as commercial, to replace
this commercial property will involve a taxpayer cost to the
community which is not the result of a requirement that we
have generated, or the community has generated. He stated:
"I would be in favor of accepting this recommended change
but only on the condition that the applicant go further and
identify appropriate land and make the necessary
arrangements to get it so designated for a community service
area and not put the onus on the staff to do it
and... experience that extra cost. It is a cost of
government that we do not need to accept."
Mr. Blue questioned how the applicant could be asked to do
what Mr. Johnson was suggesting given the fact that he does
not own the land on the east side of Rt. 742, i.e. how could
the applicant attempt to rezone someone else's land?
Mr. Johnson felt "there must be some way that he could
handle this." He felt this request was "solely on the part
of the applicant with no benefit to the County."
Ms. Blue disagreed. He felt this change would result in a
"better commercial area for the County citizens if we don't
use this area --we use this for residential."
Mr. Cilimberg interjected that the applicant has been very
willing to cooperate with staff in attempting to identify
other possible commercial areas and has already done some
initial analyses. He stated he felt that substitute areas
can be identified without a significant cost to the County.
Mr. Benish indicated he did not think this would a create a
significant amount of additional work for staff.
Mr. Johnson commented: "It may be more symbolic than
significant. But the point remains that something is caused
by an individual and the County's going to have to foot the
bill for it." He felt this could set a precedent for future
requests of this type, i.e. applicants will have to bear the
cost if they want approval of similar requests. He
concluded: "It this had come in as an alternate proposed
and all that was involved was a change in the Comprehensive
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Plan and recognizing it, to me that would be a different
situation."
There was a brief discussion about the school capacity
figures quoted in the staff report. Mr. Johnson noted that
Western Albemarle High School is expected to reach capacity
by 1996. (It was unclear as to whether this was "effective"
capacity (related to teacher/pupil ratio) or "maximum"
capacity (related to the physical capacity of the facility).
Mr. Nitchmann noted that he had met with the "principals"
involved in this request and had found them to be very
cooperative in trying to locate other property owners who
might be interested in rezoning their property to
commercial. He agreed with staff's assessment of the
request.
MOTION: Mr. Nitchmann moved that CPA 93-05 for Mill Creek
Commercial be recommended to the Board of Supervisors for
approval as presented by staff.
Mr. Jenkins seconded the motion.
The motion passed (6:1) with Commissioner Johnson casting
the dissenting vote.
ZMA-92-04 Ja-Zan Limited Partnershi - The Ja-Zan Limited
partnership petitions the Board of Supervisors to amend the
Mill Creek PUD to permit residential development (maximum of
36 dwelling units) on a 6.8 acre area currently permitting
commercial uses. This site is zoned PUD, Planned Unit
Development and EC, Entrance Corridor Overlay District.
Property, described as Tax Map 90C, Parcels B and F, is
located on the west side of Rt. 742 (Avon Street Extended)
between Mill Creek Drive and Southern Parkway in the
Scottsville Magisterial District. This site is located in a
designated growth area (Neighborhood 4) and is recommended
for Neighborhood Service.
Mr. Fritz presented the staff report. Staff recommended
approval subject to agreements.
There was a brief discussion of landscaping plans.
In answer to Mr. Johnson's questions about the road system,
Mr. Fritz explained that within the entire Mill Creek
Development, there is a combination of public and private
roads. Regarding the current proposal, he stated: "Simply
by virtue of it being single-family attached, it qualifies
for private roads, and because of the nature of the
development, the location of the parking areas, it would not
qualify for public roads." He explained that approval of
this request includes the approval of private roads.
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In answer to Ms. Huckle's question regarding recreation
areas, Mr. Fritz explained that no areas have been set aside
and none are required. He added, however, that within the
Mill Creek development there is substantial open space.
There was a brief discussion of the fiscal impact analysis
included in the staff report. Mr. Johnson wondered why an
analysis of the cost of a new high school had not been
included. Mr. Cilimberg explained the analysis had included
only those projects which are approved in the CIP. Mr.
Johnson concluded: "Let the record show that these
estimates are based exclusively on just what is shown in the
currently approved CIP without giving any consideration to
other projects which might be required in the immediate
future."
The applicant was represented by Ms. Marilyn Gale. Her
comments included the following:
--The applicant will save as many of the trees as
possible.
--50 foot building setbacks from Rt 742 (Avon Street)
have been provided.
--The homes will be similar to those which already
exist in in the Village Homes sections at Mill Creek. (If
the architecture should be significantly different ARB
approval will be required.)
Mr. Elbert Morris (the developer) explained the plans are to
sell the lots to the same builder (as the rest of Mill
Creek). No individual lots are planned at this time or in
the future, to be sold separately.
There being no public comment, the matter was placed before
the Commission.
MOTION: Mr. Nitchmann moved, seconded by Mr. Blue, that
ZMA-92-04 for Ja-Zan Limited Partnership be recommended to
the Board of Supervisors for approval subject to those
agreements set forth in the staff report dated July 8, 1993.
The motion passed unanimously.
MISCELLANEOUS
Com rehensive Plan Review - Mr. Cilimberg distributed a
memorandum related to the initiation of the upcoming review
process. He briefly described a "community visioning"
process that is being considered and also a survey that is
planned for the beginning of the process.
Suggestions and comments included the following:
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it --Community meetings should stay focused on what is
practical and possible" and not become a Christmas Wish
List. (Huckle)
--The Commission and Board will have the opportunity to
preview the survey questions before it is distributed.
--In order for a survey to be meaningful, care must be
taken in the composition of the questions and the sample
Population must be truly random. (Blue)
--The survey (which will be conducted by phone) should
be conducted as early in the fall as possible so as not to
come at the same time as election surveys. (Nitchmann)
--Mr. Blue cautioned that an experienced surveyer can
"get back the answers that he wants to get."
it was decided the Commission would look over the memorandum
and consider its endorsement at the July 13 meeting.
CIP Review Committee Update - Mr. Johnson gave a brief
report on the Committee's makeup and progress thus far. He
stated he had been "impressed" with the process which he
described as a "comprehensive initial analysis of the
submissions." He felt this constitutes an "integrated,
management approach to the CIP prior to review by the
Planning Commission." He emphasized that it was the feeling
of the Committee that "what is being authorized must be
necessary, the impact must be evaluated and there has to be
cost considerations."
93-94 Planning, Staff Work Schedule - Mr. Johnson felt it was
"overly ambitious, considering the mandatory operations that
we have --the CIP and the review of the Comprehensive Plan."
He felt just the Comp Plan review and the day-to-day
operations would take most all of staff's time.
There being no further business the meeting adjourned at
8:35 p.m.
V. Wayne ilimber eaaly
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