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HomeMy WebLinkAbout01 29 1991 PC MinutesJANUARY 29, 1991 The Albemarle County Planning Commission held a public hearing on Tuesday, January 29, 1991, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. Keith Rittenhouse, Chairman; Mr. Harry Wilkerson, Vice Chairman; Mr. Tom Jenkins; Mr. Phil Grimm; Mr. Walter Johnson; and Ms. Babs Huckle. Other officials present were: Mr. Wayne Cilimberg, Director of Planning and Community Development, Mr. Bill Fritz, Senior Planner; and Mr. George St. John, County Attorney. Absent: Commissioner Andersen. The Chairman called the meeting to order at 7:30 p.m. and established that a quorum was present. The minutes of December 18, 1990 were approved as submitted. SP-90-114 Olivet Presbyterian Church - The applicant is requesting a permit to construct an open-air chapel on 3.25 acres zoned RA, Rural Areas. Property described as Tax Map 43, Parcel 9B is on the south side of Rt. 614 approximately 1/4 mile west of the Rt. 676 intersection, directly east of Harmony Drive and approximately 400 feet west of the existing Olivet Church in the Samuel Miller Magisterial District. This site is not located in a designated growth area. The applicant was requesting withdrawal of the request. Ms. Huckle moved, seconded by Mr. Jenkins, that the applicant's request for withdrawal without prejudice be accepted. The motion passed unanimously. SDP-90-117 Albemarle High School Desian and Renovations Preliminary Site Plan - Proposal to locate 45,000 square feet of new building and other athletic field additions. The proposal includes a 10,000 square foot field house, a baseball field, two football fields and one football/soccer field as well as a 35,000 square foot addition to the existing school. Property, described as Tax Map 60 Parcel 78A, is located at the southwestern intersection. Zoned RA, Rural Areas, this site is located in the Jack Jouett Magisterial District and is not located within a designated growth area. Staff was requesting deferral to February 5, 1991. Mr. Wilkerson moved, seconded by Mr. Jenkins, that the item be deferred to February 5, 1991. The motion passed unanimously. ZTA-90-08 Jay Townsend - Request to amend Section 27, LI, Light Industry zone to allow arbories by special permit and to amend Definitions. Indefinitely deferred by Planning Commission on November 20, 1990. fJ5� January 29, 1991 Page 2 AND ZTA-90-09 Jay Townsend - Request to amend Section 27, LI, Light Industry zone, to allow arbories by -right and amend definitions. Indefinitely deferred by Planning Commission on November 20, 1990. AND ZTA-90-10 Jay Townsend - Request to amend Section 27.2.1(9) to read "contractor's office and equipment storage yard. For landscaping contractors, an arbory may be maintained upon premises provided that Section 5.1.24 of the Ordinance notwithstanding, such arbory shall not exceed one-third of the floor area of the main contractor's office and storage yard use." Request also to amend Definitions. Indefinitely deferred by Planning Commission on November 20, 1990. (NOTE: Becayse staff was not recommending approval of either 90-09 or 90-10 suggested ordinance changes were not submitted for consideration.) Mr. Fritz presented the staff report. He also passed out a letter which staff had received from Amelia Patterson, Zoning Administrator, which explained her current interpretation of "subordinate retail sales." (A copy of this letter is made a part of these minutes as ATTACHMENT A.) Based on Ms. Patterson's comments, Mr. Fritz had revised the language of the proposed amendment to the Ordinance and was recommending the following: Add under Section 27.2.1(3): 3. Delete Reference 5.1.24. (Mr. Cilimberg explained the result by -right uses in the LI zone can be possibility for subordinate retail by -right.") Add under Section 27.2.2: of this language: "Any interpreted to have the sales, up to 15%, 13. Uses listed under Section 27.2.1 for which subordinate retail sales may be permitted, but whose retail sales area exceeds 15% of the floor area of the main use. (Mr. Fritz explained: "By deleting specific reference to 5.1.24 all uses listed by right under the LI zone, may, in particular circumstances as determined by the Zoning Administrator, be able to qualify for that subordinate retail sales up to 15%. What this says is that all those 46 January 29, 1991 Page 3 uses which qualify for subordinate retail sales can make application for subordinate retail sales exceeding 15%, by special use permit.") Add under Section 5.1.24: a. Retail sales area, including but not limited to showroom and outdoor display area, shall not exceed fifteen (15) percent of the floor area of the main use except as provided for in Section 27.2.2(13); b. (No change.) c. In approval of any retail sales area the Board and/or the Planning Commission may limit the areas for retail sales in both size and location; d. Retail sales area exceeding 15% of the floor area of the main use pursuant to Section 27.2.2(13)„.is intended to allow for uses which by their nature are bulky and require non -intensive use of the land. The Board and/or the Planning Commission in approval of such increased sales area shall be mindful of the intent of this section to provide for only subordinate retail sales and avoid incompatible land uses. (Mr. Fritz explained this was intended to give the Commission and Board guidance when dealing with future requests.) This proposed amendment generated a lengthy, often confusing, discussion. Highlights of that discussion follow. Regarding the recommended changes to 5.1.24 and 27.2.2, Mr. Johnson felt these were "superfluous, not needed and definitely not desirable since everything prescribed there is authorized under 5.1...." (Mr. St. John commented that he did not feel there was a defect or inconsistency in the Ordinance in this regard.) Mr. St. John felt that the proposed language "still leaves it up to the Zoning Administrator to determine which of the LI district's uses qualify." (Mr. Cilimberg interjected that was the preference of the Zoning Administrator.) Mr. St. John was in disagreement with this approach. Referring to the inclusion of the words "for which subordinate retail sales may be permitted" in Section 27.2.2(13) (as stated above), he commented: "If you leave that language in, who is to say which ones they're permitted for and which ones they're not." He noted that the Zoning Administrator prefers that that determination be hers to make. It was his 15-7 January 29, 1991 Page 4 opinion that there is no standard by which she can make such a determination. He could see "no harm" in eliminating those words. It was his preference that 27.2.2(13) be worded as follows: 13. Uses listed under Section 27.2.1 whose subordinate retail sales area exceeds 15% of the floor area of the main use. He explained: "That way you don't put the burden on the Zoning Administrator in each and every case to decide whether this language is appropriate. If you put that burden on her and don't give her any standards, I submit to you that the Ordinance is unlawful. It's just a total delegation of legislative decision to the Zoning Administrator." It was Mr. St. John's feeling that the Zoning Administrator, as an administrative official, did not have the authority to make any decisions as to "what is desirable and what is not desirable." He stated that was a determination for the Commission and Board to make. Mr. Cilimberg attempted to explained that staff was not actually in disagreement with Mr. St. John. However, he explained that it was the Zoning Administrator's concern that "if she's not given discretion in the by -right when it's not 15%--less than 15%--then she would like to have a specific reference in the Ordinance made to those uses where 5.1.24 applies." Mr. St. John responded: "I agree with that, but I think that's new business. That's got to be corrected. This language here does not deal with that." (Mr. Cilimberg agreed.) Mr. St. John felt that to try to deal with that problem in this amendment was a "fundamental mistake." He felt this would take another amendment to the supplemental regulations. Mr. Cilimberg explained that the difference in staff's language and Mr. St. John's was that staff's would allow the Zoning Administrator to make the determination that if a use qualified for less than 15%, the Zoning Administrator could determine whether it could qualify for greater than 15%. He further explained: "For the by -right section, there is nothing in Mr. St. John's suggested alteration which eliminates the Zoning Administrator's ability to make a determination by -right. It is only that you can receive any application for special use permit for over 15% in the LI zone." Mr. Rittenhouse clarified that subordinate sales up to 15% would apply to any LI by -right use and a special permit U, January 29, 1991 Page 5 would be required for any expansion over that 15% floor area; and further, in 5.1.24, the Commission and Board would have the latitude to limit that area under special permit application. The applicant, Mr. Jay Townsend, was present, but offered no significant additional comment. There being no public comment, the matter was placed before the Commission. Mr. Grimm moved that ZTA-90-08, to amend Section 27, LI and to amend Definitions, be recommended to the Board of Supervisors for approval as presented by staff (stated previously in this record). Mr. Wilkerson seconded the motion. Discussion. There followed further discussion about the perceived differences of the two suggested wordings. Mr. St. John ultimately stated he did not feel there would be any problems with the adoption of either of the suggested wordings under debate, though he preferred his suggested language. Mr. Cilimberg noted that staff would find the approval of either of the suggested wordings acceptable. Both staff members agreed that the concerns raised by Mr. St. John would be addressed through a separate amendment at some future date. The previously stated motion for approval (with staff's suggested wording), failed to pass (3:3) with Commissioners Grimm, Jenkins and Wilkerson voting in favor, and Commissioners Huckle, Rittenhouse and Johnson voting against. Ms. Huckle moved that ZTA-90-08, to amend Section 27, LI and to amend Definitions, be recommended to the Board of Supervisors for approval as follows: (with Mr. St. John's suggested language) Add under Section 27.2.1(3): 3. Delete Reference 5.1.24. Add under Section 27.2.2: 13. Uses listed under Section 27.2.1 whose subordinate retail sales area exceeds 15% of the floor area of the main use. 1917 January 29, 1991 Page 6 Add under Section 5.1.24: a. Retail sales area, including bu and outdoor display area, shall not percent of the floor area of the mai for in Section 27.2.2(13); b. (No change.) t not limited to showroom exceed fifteen (15) n use except as provided c. In approval of any retail sales area the Board and/or the Planning Commission may limit the areas for retail sales in both size and location; d. Retail sales area exceeding 15% of the floor area of the main use pursuant to Section 27.2.2(13) is intended to allow for uses which by their nature are bulky and reguire non -intensive use of the land. The Board and/or the Planning Commission in approval of such increased sales area _shall be mindful of the intent of this section to provide for only subordinate retail sales and avoid incompatible land uses. Mr. Wilkerson seconded the motion. Discussion: Mr. Johnson noted that he felt the changes to 5.1.24 were not necessary. The motion for approval passed unanimously. The meeting recessed from 8:45 to 8:55. ZTA-90-09 and ZTA-90-10 The applicant requested that these two proposals be withdrawn. Mr. Wilkerson moved, seconded by Mr. Grimm, that the applicant's request for withdrawal be accepted. ZMA-89-16 Jay Townsend - Request in accordance with Section 33.2.1 of the Zoning Ordinance to rezone 10.3 acres from R-1, Residential to LI, Light Industry. Property, described as Tax Map 32, Parcel 22B (part) is located on the west side of Rt. 29N approximately 2,000 feet south of the bridge over the North Fork Rivanna River in the Rivanna Magisterial District. This site is located within a designated growth area. Indefinitely deferred by Planning Commission on November 20, 1990. � JI -01 1910 January 29, 1991 Page 7 SP-90-108 - Jay Townsend - The applicant is requesting a contractor's office and equipment storage yard with retail sales, on 10.3 acres zoned LI, Light Industry. Request is being reviewed concurrent with ZTA-90-08, 09, and 10 and ZMA-89-16. Property, described as Tax Map 32, Parcel 22B (part) is located on the west side of Rt. 29N approximately 2,000 feet south of the bridge over the North Fork Rivanna River in the Rivanna Magisterial District. This site is located within a designated growth area. Indefinitely deferred by the Planning Commission on November 20, 1990. Mr. Fritz presented the staff report. Staff was recommending approval based on the acceptance of the applicant's proffer No. 2. The applicant, Mr. Townsend, offered little additional comment. Ms. Huckle expressed concern about possible future uses of the property in the event this use should be discontinued, given the fact that the property is not served by public sewer. Mr. Fritz responded that the proffer would stay with the land which would offer some control over future uses. He explained that if a future use should require public sewer, then that applicant would either have to connect to public sewer (which would require expansion of the existing facilities in the area), or would have to demonstrate that there was adequate on -site septic area approved by the Health Department. Mr. St. John also noted there was some protection in the Ordinance (Sec. 27.2.2(n)] based on the amount of water used. There being no further comment the matter was placed before the Commission. Mr. Jenkins moved that ZMA-89-16 for Jay Townsend be recommended to the Board of Supervisors for approval subject to acceptance of the following proffer: Any use will be in general accordance with the submitted sketch. Mr. Grimm seconded the motion which passed unanimously. The Commission then reviewed SP-90-108 for Jay Townsend. Mr. Fritz presented the staff report. Staff recommended approval subject to conditions. l 9j January 29, 1991 Page 8 Mr. Cilimberg called the Commission's attention to staff's reasoning in recommending approval of the special permit under the guidelines which the Commission had just amended the Ordinance to include, i.e. "Staff believes the amount of sales area is subordinate to the primary use as a landscape contractor's office and equipment storage yard. The increased area is due to the nature of materials stored on site, which are to be trees and shrubs, mulch and topsoil. These items cannot be stacked and require large storage areas." Because some Commissioners had expressed concern about the types of materials to be stored, Mr. Fritz suggested that condition No. 1 have the following added: "...and sales shall be limited to the following materials: trees, shrubs, mulch, top soil and similar materials." There was a brief discussion about traffic generation. Mr. Fritz noted that the ITE definition of "nursery" was a much more intense use than what was proposed by the applicant. Mr. Rittenhouse noted that his primary concern was whether or not this should be considered a commercial use which is subordinate to a landscape contractor's use, or is it a nursery which would be more appropriate in a C-1 zone? Mr. Rittenhouse asked about the Virginia Department of Transportation's recommendation for closing of Crossover 35 with the approval of this rezoning. Mr. Fritz stated this would be addressed at the time of site plan approval. Ms. Huckle suggested the addition of a condition requiring that the storage areas be screened from adjacent properties with evergreens. Mr. Townsend expressed no opposition to such a condition. It was later decided the following condition would be added: "Equipment and mulch storage areas shall be screened with evergreens from adjacent residential materials." The applicant, Mr. Townsend, addressed the Commission. His comments included the following: --No greenhouses will be used, but there will be a "holding house" (a plastic structure, 50' x 161) for leftover plants to protect them in the winter months. This structure will be located towards the center of the property between the buildings. --This use will have less impact on traffic than other LI uses. (This statement was supported by Dr. Dometski, a transportation engineer with the University of Virginia, who had reviewed this proposal at the request of the applicant. Mr. Dometski explained how he had arrived at this conclusion.) iq� January 29, 1991 Page 9 There was a discussion about the possibility of limiting the number of on -site, "subordinate, retail" employees in an effort to limit the scale of commercial activity. Though Mr. Townsend expressed no objection to a limitation of 3 for this type of employee, it was ultimately decided that such a limitation would have very little effect on the traffic counts given the nature of the business. Mr. Townsend pointed out that this type of business does not generate large numbers of traffic at peak traffic times. There being no further comment the matter was placed before the Commission. Mr. Wilkerson moved that SP-90-108 for Jay Townsend be recommended to the Board of Supervisors for approval subject to the following conditions: 1. Material and area devoted to retail sales shall be in accordance with that noted in Attachment E, (a letter from J.W. Towsend to William D. Fritz dated November 5, 1990), and sales shall be limited to the following materials: trees, shrubs, mulch, top soil and similar materials. 2. Compliance with ZMA-89-16. 3. Equipment and mulch storage areas shall be screened with evergreens from adjacent residential lands. Ms. Huckle seconded the motion which passed unanimously. SP-90-101 Barbara Scribner - The applicant petitions for a special use permit to operate a commercial stable/riding school (10.2.2(16)] on 67.485 acres zoned RA, Rural Areas. The property, described as Tax Map 47, Parcel 8, is on the northeast side of Rt. 649 approximately one-half mile east of its intersection with Rt. 643 and is in the Rivanna Magisterial District. This site is not located in a designated growth area. Mr. Fritz presented the staff report. Staff was recommending approval subject to conditions. The applicant, Ms. Scribner, addressed the Commission briefly. Her only concern was that condition No. 5 be clarified to state "no more than five students at one time." There being no further applicant or public comment the matter was placed before the Commission. Mr. Johnson suggested that condition No. 5 be changed to read "No more than five students receiving instruction on site, at any one time." The Commission and applicant were agreeable to this amended condition. /V.5 January 29, 1991 Page 10 Mr. Wilkerson moved that SP-90-101 for Barbara Scribner be recommended to the board of Supervisors for approval subject to the following conditions: 1. Riding rings and riding surfaces shall be covered and maintained with a material such as pine bark to minimize dust and erosion; 2. Fencing and other methods of animal confinement shall be maintained at all times; 3. No employees; (Note this condition was later deleted.) 4. Hours of operation shall be during daylight hours only; 5. No more than five students receiving instruction on site at any one time. Ms. Huckle seconded the motion. Discussion: Mr. Johnson was in favor of deleting condition No. 3. He felt this was not reasonable and indicated conditions should not be imposed which invite non-compliance. (Mr. Fritz noted that the limitation on the number of students would effectively limit the size of the operation.) Both Mr. Wilkerson and Ms. Huckle indicated they had no opposition to amending the motion to delete this condition. The amended motion for approval passed unanimously. SDP-90-082 City of Charlottesville Public Works Center Major Site Plan Amendment - Proposal to create a 3.72 acre inert material landfill on a total acreage of 50.87. Property, described as Tax Map 77E(1), Parcel 1 is located on the northern edge of I-64 approximately 0.55 miles west of the I-64/Rt. 20 interchange and is located at the existing Public Works Center. Zoned LI, Light Industrial, in the Scottsville Magisterial District. This site is located within a designated growth area. The applicant has demonstrated Planting within the VDOT right-of-way is feasible, therefore, the Board of Supervisors has referred the plan back to the Commission. Mr. Cilimberg presented the staff report which included a review of the history of the request. The report concluded: "Should the Planning Commission find this activity is in compliance with the Comprehensive Plan and waive Section 5.1.28 of the Zoning Ordinance for type of materials that may be placed, staff recommends approval (with conditions)." January 29, 1991 Page 11 Mr. Cilimberg added: "It seems, from staff's standpoint, that the five-year temporary period for the operation of this fill activity, in combination with the screening, will adequately provide for the concerns in regard to compliance with the Comprehensive Plan." Regarding compliance with the Zoning Ordinance, Mr. Cilimberg explained that the applicant was requesting a waiver of Section 5.1.28 which limits.the type of matter placed in a waste area to natural materials only. He called the Commission's attention to a letter from the County Engineer where he is recommending changes to the Zoning Ordinance which would allow for the type fill proposed and which would be consistent with State regulations. He reminded the Commission that it must once again determine if the waiver is warranted given the comments of the County Engineer and the provision of screening now proposed. There was discussion about the types of trees which will be planted for screening. Mr. Cilimberg noted this was an item which could be specifically addressed by the Architectural Review Board. (Mr. Tony Edwards, representing the applicant, later explained that 6-8 foot trees were planned and they would be planted eight feet from the rear of the guardrail.) Mr. Rittenhouse asked who would be responsible for the maintenance of the screening trees. Mr. Cilimberg suggested that condition 1(e) be amended to read: "Staff approval of landscape plan to include Interstate-64 screening, and an agreement for maintenance of screening between the Virginia Department of Transportation and the City of Charlottesville, ..." The applicant was represented by Bruce McNab, Director of Public Works for the City. Regarding the maintenance agreement, he expressed no opposition to the amendment to condition 1(e) as suggested by Mr. Cilimberg. He explained that cedar trees are being considered and they should require little maintenance. (It was later determined that any trees which should die would have to be replaced.) Regarding capacity, he explained that it has been designed to reach capacity in approximately five years, based on anticipated rate of use. He stated there are no plans for increasing the capacity. He stated that the site would be "considerably lower" than I-64 after it is filled. Regarding usage of the site, Mr. McNab explained that only City crews, or possibly contractors hired by the City, will be allowed to use the site. It was determined that the site will be seeded periodically during its usage and will be reclaimed at the end of the five-year period which will include seeding and planting of trees. There being no further applicant or public comment the matter was placed before the Commission. 19s January 29, 1991 Page 12 Mr. Johnson stated he found very little about the proposal he could support. He noted the following concerns: --The materials to be dumped are in no way "natural" materials as referred to in Section 5.1.28.7. There is no "construction debris fill site identified in the ordinance." --It will be impossible to effectively screen the site. --Approval will result in a landfill located very close to the urban area, on a "beltway." --The slope of the land will make permanent, final stabilization impossible. He concluded that the only way he could consider the request favorably was if vertical profiles could be presented showing the present condition of the property and the way it will be after final stabilization. Mr. Grimm noted that a condition of approval is the requirement for the issuance of an Erosion Control Permit from the Department of Engineering. He felt this would require the applicant to demonstrate that the site could be controlled in an acceptable fashion. He also noted that a Certificate of Appropriateness from the Architectural Review Board will also be required. He concluded he could support the request "based on these ... site specific recommendations ... with the knowledge that these professionals will make appropriate determination of whether it is feasible or not." Mr. Rittenhouse expressed concern about precedent. He was concerned about what approval would imply to the community at large, i.e. would it invite private contractors to make requests for dumping of this type of inert construction materials on their property? He noted that such requests would not have the same financial or technical resources that the City has. He agreed with Mr. Grimm, that there are assurances that the property will be properly reclaimed and screened. He indicated he would like to identify some unique factor about this proposal so that approval would not invite "little inert landfills plopped down at various places in the County" because there would be little basis for denial. Mr. Cilimberg explained the circumstances under which fill activity can currently take place. Mr. St. John noted that the "precedent is already county -wide for fill (if it is not in the urban area),... provided erosion and sediment control regulations are complied with." (It was noted that for fill to be allowed in the urban area, it must be part of a site plan.) Mr. St. John also added: "There is a legal principle that where you have something that is a governmental function ... it is an accepted rule of zoning law that by permitting certain governmental functions to go on, that doesn't set a precedent for letting non- / F6 January 29, 1991 Page 13 governmental agencies do the same thing. ... The governmental necessity is, in and of itself --sometimes, in a given case --a justification for distinguishing between governmental operations and private, for -profit, operations. Permitting the one does not carry that precedent over into the private sector. ... There are certain things that governments have to do in order to serve their citizens and you have to let them do it somewhere." He felt this was a distinguishing aspect of this application. Mr. Rittenhouse noted that this request is before the Commission because of the type of material, i.e. man-made, inert materials. Mr. Jenkins moved that SDP-90-082 for the City of Charlottesville Public Works Center 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. Department of Engineering issuance of an Erosion Control Permit; b. Staff approval of a Certified Engineer's Report in compliance with Section 4.14 of the Zoning Ordinance; c. Dedication to the Albemarle County Service Authority of existing utility lines serving the Public Works center. Service Authority approval of any activity within existing easement; d. Issuance of a certificate of appropriateness from the Architectural Review Board; e. Staff approval of landscape plan to include Interstate-64 screening, and an agreement for maintenance of screening between VDOT and the City of Charlottesville. 2. Administrative approval of final site plan. Mr. Grimm seconded the motion which passed (5:1) with Commissioner Johnson casting the dissenting vote. Rt. 250 East Water Line - Review for Compliance with the Comprehensive Plan - Mr. Cilimberg briefly explained that the need for this line is referenced in the Comprehensive Plan (Urban Neighborhood 3). He stated the line is now being proposed for construction in conjuction with the Rt. 250 East improvements. He noted that the line will provide for water service in Neighborhood 3 and ultimately will provide service to Glenmore. 19*1 January 29, 1991 Page 14 In response to Ms. Huckle's question as to the location of the present water line, Mr. Cilimberg explained that parts of the line were in place, but he was uncertain of those exact locations. Noting that the costs of installing this line are lower than they will ever be, Mr. Johnson suggested that a larger line should be installed in anticipation of future growth. Mr. Cilimberg responded that the line is expected to serve properties along 250, "if they are ever brought into the growth area and brought into the jurisdictional area." He also explained that the Authority design is for 30 years. He noted that the line has been designed to meet the fire flow requirement in the Rivanna Growth Area, "and no more." Mr. Rittenhouse recalled that when the new growth area had been considered, it had been decided that the line would not be oversized so as not to invite undesirable growth. Mr. Johnson did not feel growth could be controlled by the size of the water lire. It was noted that Mr. Kessler has proffered to extend the line from the end of the jurisdictional area to his development. Mr. Wilkerson moved, seconded by Ms. Huckle, that the Rt. 250 East Water Line be found to be in compliance with the Comprehensive Plan. Ms. Huckle seconded the motion which passed unanimously. There being no further busines, the meeting adjourned at 10:45 p.m. A , - - . A W. Wayne/Cilim-beXg, r5;19