HomeMy WebLinkAbout03 19 1991 PC MinutesMarch 19, 1991
The Albemarle County Planning Commission held a public
hearing on Tuesday, March 19, 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;
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. Bill Fritz, Senior Planner; Mr. Rich Tarbell, Planner;
and Mr. Jim Bowling, Deputy County Attorney. Absent:
Commissioner Johnson.
The Chairman called the meeting to order at 7:00 p.m. and
established that a quorum was present. The minutes of March
51 1991 were approved as amended.
CONSENT AGENDA
SUB-90-092 South 29 Land Trust Preliminary Plat - The
applicant is proposing to create 18 lots on 6.034 acres.
Approximately 1.15 acres shall be dedicated to open space.
Property, described as Tax Map 45b(2), Parcel 03-E, is
located between the two intersections of Powells Creek and
Tinkers Cove Road approximately 3/4 mile from Rt. 29, via
Hollymead Drive. Zoned PUD, Planned Unit Development, in
the Community of Hollymead and is located in the Rivanna
Magisterial District.
Mr. Jenkins moved, seconded by Mr. Grimm, that the Consent
Agenda be approved. The motion passed unanimously.
SP-90-119 The Rocks - Petition for a 43 lot Rural
Preservaiton Development [10.2.2(28)];
and
SP-90-120 The Rocks - A request for a bridge in the
floodplain of Ivy Creek [30.3.5.2.1]. The property,
described as Tax Map 74, Parcels 18, 18A, 18B, and 23, is
located in the southeast quadrant for Interstate 64 and
State Route 637. Zoned RA, Rural Areas and EC, Entrance
Corridor Overlay, in the Samuel Miller Magisterial District.
The property is not in a designated growth area (RA III).
Deferred from February 26, 1991 Planning Commission Meeting.
and
_SUB-90-244 - The Rocks Preliminary Plat - Rural Preservation
Development to create 43 development lots totalling 133.14
acres [10.3.3.3(b)] (average size = 3.09 acres), a
preservation tract of 382.82 acres and an open space parcel
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March 19, 1991 Page 2
of 114.9 acres from four existing parcels totalling 642.1
acres. The lots will be served by public roads totalling
11.24 acres. The property, described as Tax Map 74, Parcels
18, 18A, 18B, and 23, is located in the southeast quadrant
of Interstate 64 and State Route 637. Zoned RA, Rural Areas
and EC, Entrance Corridor Overlay, in the Samuel Miller
Magisterial District. The property is not in a designated
growth area (RA III). Deferred from February 26, 1991
Planning Commission Meeting.
Mr. Fritz presented the staff report. The report concluded:
"Staff opinion is that this request, on balance, provides a
favorable design alternative to conventional development,
and does comply with the intent of the Comprehensive Plan
and provisions of Section 10.3.3.2. Therefore, staff
recommends approval."
Regarding the proposed wetponds, Ms. Huckle noted that the
applicant had stated said ponds would be designed to
accommodate a 100-year storm. It was determined this was
not a condition of approval, but could be added if the
Commission desired. (Note: Condition 1(b) was later
amended accordingly.)
There was considerable discussion about the first part of
condition No. 3 for SP-90-119 [i.e. "Dwellings shall be of
earth tone materials...."] and the definition of the term
"earth tones." Mr. Rittenhouse questioned the Zoning
Administrator's ability to enforce such a condition. Mr.
Keeler pointed out that the conditions of SP-90-119 had been
"proposed primarilyby the applicant."
The Chairman invited applicant comment.
The applicant was represented by Mr. Bob McKee, Mr. Pete
Bradshaw and Mr. Hi Ewald. Mr. McKee stressed that the
application was in full compliance with the Comprehensive
Plan and every effort had been made to comply fully with the
Water Resource Protection Ordinance. He noted that 77% of
the property will remain in open space or preservation
tract. He noted that the proposed wetponds were intended to
mitigate any development impact on Ivy Creek and, in fact,
the post -development runoff quality would exceed the
pre -development runoff quality under the model ordinance of
the Chesapeake Bay Act. Mr. Bradshaw addressed the question
raised about "earth tones." (Mr. Rittenhouse noted that he
did not have any problems with the term except for the
concern that it would be difficult for the Zoning
Administrator to enforce.) Mr. Bradshaw explained that the
intent "is to develop a community that is within keeping
with the Virginia tradition." He described: "Steep -pitched
roofs, standing seam metal roofs, slate, with a treatment
with brick, possibly Flemish bond, attractive
r
March 19, 1991 Page 3
Cornishes ... along the Williamsburg theme." He also stated
he would not discount the possibility that a structure might
possibly be white. He stressed that architectural
guidelines will be developed and that the structures will be
very sensitive to the natural environment and any colors
which could be viewed as offensive will be avoided. Mr.
Bradshaw offered to discuss any problems which the
Commission might have with a particular color scheme. Mr.
Rittenhouse responded that it was not the Commission's
desire to define particular colors and his only concern was
that a vague, unforceable condition not be passed along to
the Zoning Administrator.
It was determined the development would not come under
Architectural Review Board review because it is a
subdivision.
Mr. Keeler noted that it was his understanding that this
particular issue would be addressed through restrictive
covenants in homeowners' documents. (Mr. Bradshaw confirmed
this was the applicant's intent.) Mr. Keeler noted that
historically conditions which apply to individual homeowners
have been avoided. He felt addressing the color of the
houses in a condition of approval would create a real
problem for the Zoning Administrator.
Ms. Huckle interpreted that the applicant was not referring
to the greenish greys and tans that are usually thought of
as earth tones.
The Commission finally decided that the first part of
condition No. 3 should be deleted, making No. 3 read:
"Clearing -shall be limited to the minimum amount necessary
for the construction of access roads and dwellings."
The Chairman invited public comment.
Mr. Gene Clements, owner of adjacent property, addressed the
Commission. He asked how the approval of this development
would effect the future usage of his property, e.g. would
his property be subject to similar restrictions in terms of
the color and style of houses? (Mr. Rittenhouse later
explained that the conditions placed on this development
would not effect his property.) Mr. Clements also asked if
there was a time limit on the completion of the project.
(Staff explained that there is 2 year time period on a
special use permit, i.e. initiation must begin within 2
years, but there is no upper limit for completion.)
Ms. Eleanor Santic, representing Citizens for Albemarle,
read a statement expressing opposition to the proposal.
(See Attachment A). The statement admitted that nothing in
the proposal was in opposition to the Ordinance.
March 19, 1991 Page 4
Ms. Sherry Buttrick, representing the Piedmont Environmental
Council, read a statement expressing opposition to the
proposal.
Mr. Steve Clements asked for a clarification of the
definition of a preservation tract. (Mr. Fritz responded by
reading the definition from Section 10.3.3.1(c).) He asked
how the preservation tract restrictions effected adjoining
properties. Mr. Rittenhouse explained that it had no direct
effect, other than possibly by "influence."
Regarding encroachment on 25% slopes, Mr. McKee noted that
encroachment is minimal since it is only in three locations,
each less than 1,900 square feet. Regarding by -right
development of the property, Mr. McKee noted that by -right
development would allow 46 lots and the current proposal is
for 43 lots. He took issue with Ms. Santick's statement
that everything has been "done by the book" since the
preservation tract is considerably larger than is required,
the proposed wetponds to mitigate impact on Ivy Creek are
not required, the open space system of over 100 acres is not
required, etc. He also noted that none of the land being
developed is "subject to innundation." He pointed out that
there is an existing bridge across Ivy Creek and the
applicant is simply improving that to meet the state
standards. Referring to one of Ms. Buttrick's statements,
he stated: "It is my understanding that the special use
permit for crossing the floodplain is not to be used as a
growth management tool, but rather is a health, safety and
welfare issue."
There being no further applicant or public comment the
matter was placed before the Commission.
In response to Mr. Rittenhouse's question, Mr. Fritz
confirmed that the proposed 43 development rights could be
realized by -right.
Ms. Huckle asked the applicant if there was any intent to
carry on any forestry activities in the preservation tract,
particularly in that section which is in the watershed of
the Ragged Mt. Reservoir. Mr. Ewald responded that there
were no current plans for forestry activities, but only
cutting to keep the "stand healthy." He could not promise
that the timber would never be commercially cut (since he
could not speak for the entire family partnership), but he
noted: "But our intent is never to go near the watershed."
Mr. Cilimberg added that the preservation easement has a
condition which requires that any cutting would have to be
done under a management/conservation'plan approved by the
Recreational Facilities -Authority. Mr. Keeler added that
only dead trees could be cut by -right.
March 19, 1991
Page 5
Ms. Huckle asked how much cut and fill would be required for
the road construction. Mr. McKee could not respond
definitively because he did not have all the figures at
hand. He noted, however, that every attempt has been made
to minimize the impact. He added that the development is
bound by the VDOT standards for rolling terrain category.
Mr. Bradshaw added that road construction, including cut and
fill areas, involve only 1.5% of the site. He also noted
that one of the reasons for the wetponds is to reduce the
impact of the construction of the roads.
Mr. Rittenhouse felt the key issue was whether the Rural
Preservation Development was a good alternative to by -right
development. He noted that the Rural Preservation
Development gives an option to "spread -out, by -right
development that would concentrate and maximize the open
areas." He also noted that he agreed with Mr. McKee, i.e.
that a bridge in the floodplain is not intended to be a
development governing tool. He felt the proposal was
superior to by -right development which would place
development throughout the site, on steeper slopes and in
sensitive areas. He concluded he could support the
application.
Mr. Wilkerson agreed with Mr. Rittenhouse and moved that
SP-90-119 for The Rocks be recommended to the Board of
Supervisors for approval subject to the following
conditions:
1. Not more than 4 dwellings/lots-shall be allowed in the
preservation tract and shall be located as shown on the
preliminary plat. Lots shall be no less than 2.0 acres and
no greater than 4.3 acres in size. All dwellings/lots shall
qualify as "Family Divisions;"
2. A minimum of ten trees per acre shall be provided on the
development lots. Trees shall be installed within two
planting seasons of the date of the issuance of a certificte
of occupancy for the dwelling on the lot;
3. Clearing shall be limited to the minimum amount
necessary for the constructton of access roads and
dwellings.
Mr. Grimm seconded the motion which passed unanimously.
The. Chairman called for a motion on SP-90-120.
Ms. Andersen moved that SP-90-120 for
recommended to the Board of Supervisors
to the following conditions:
The Rocks be
for approval subject
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March 19, 1991
Page 6
1. The bridge shall not be constructed until the following
approvals have been obtained:
a. Department of Engineering issuance of an
erosion control permit;
b. Department of Engineering approval of bridge
design;
C. Department of Engineering approval of
hydrogeologic and hydraulic calculations to ensure
compliance with Section 30.3 of the Zoning Ordinance;
d. Virginia Department of Transportation approval
of bridge and road plans.
Mr. Wilkerson seconded the motion which passed unanimously.
The Chairman called for a motion on the Preliminary Plat.
It was decided the Commission was in favor of granting staff
administrative approval of the final plat subject to the
conditions of the preliminary plat.
Mr. Wilkerson moved that staff be granted administrative
approval of The Rocks Final Plat subject to the following
conditions:
1. The final plat shall not be submitted for signature nor
shall it be signed until the following conditions are met:
a. Recreation Facilities Authority and staff
approval of easement documents to include provisions
for the protection of historic sites;
b. Department of Engineering approval of grading
and drainage plans and calculations, to include
wetponds shown on plat which shall be designed to
accommodate -a 100-year storm;
c. Virginia Department of Transportation approval
of road and drainage plans and calculations;
d. Staff approval of homeowner's documents
providing for the maintenance of the open space and
ponds;
e. Watershed Management Official approval of
grading plan to ensure compliance with the proposed
Water Resource Protection Ordinance;
f. Department of Engineering and Watershed
Mangement Official approval of road design for access
to family dwellings/lots to insure adherence to best
management practices as outlined in the Watershed
Management Official's memo dated February 26, 1991.
Ms. Andersen seconded the motion which passed unanimously.
SDP-91-005 Sam's Wholesale Club Preliminary Site Plan -
Construction of a 109,398 square foot building and 813
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March 19, 1991
Page 7
parking spaces on 14.03 acres zoned Highway Commercial
(proffered). Tax Map 45 parcel 68D (part) and Parcel 68D2
(part) are located in the northwest quadrant of the
intersection of Route 29 and the Hilton Heights Road.
Charlottesville Magisterial District. Designated growth
area (Neighborhood 1).
Mr. Tarbell presented the staff report. The report
explained: "This preliminary site plan requires Planning
Commission approval of four modifications or waivers of
Zoning Ordinance provisions related to parking requirements,
grading and critical slopes. Staff opinion is the applicant
has provided adequate justification for the waivers and
recommends approval of this preliminary site plan."
The Commission's discussion dealt primarily with the request
for the modification related to parking spaces and the
request for construction on critical slopes. The applicant
was requesting a modification of Section 4.12.3.4(b) to
allow parking farther than 500 feet distant from the use.
Staff noted that the application was able to meet the
parking requirements of the Ordinance without those spaces
that where proposed beyond the 500 feet.
Regarding the issue of critical slopes the staff report
stated: "...it is staff's opinion that the Board of
Supervisors implicitly approved the construction on critical
slopes in approving the rezonign petition for this site.
Therefore, the Planning Commission cannot disapprove such
development, but may require such measures as permissible
under Section 4.2.5 MODIFICATION OF REGULATIONS."
The applicant was represented by Mr. Tom Muncaster. He
offered little additional comment except to state that the
applicant was agreeable to the conditions of approval.
Regarding the request for excess parking, Mr. Muncaster
stated it was his understanding that the applicant feels the
additional parking is necessary.
The Chairman invited public comment.
Ms. Eleanor Santick, representing the Citizens for
Albemarle, read a statement which expressed opposition to
waivers related to critical slopes and buffer zones. (See
Attachment B.)
There being no further applicant or public comment the
matter was placed before the Commission.
Ms. Huckle stated she continued to feel the proposal
represented an overdevelopment of the site. She asked that
the County Engineer be allowed to comment.
1:249
March 19, 1991 Page 8
Mr. Richard Moring, County Engineer, addressed the
Commission. He stated he had some real engineering concerns
related to the "slopes, the grades and the way the fill
slopes fall away from the edge of the parking lot and how
we're going to control, during construction, what happens
with erosion and that sort of thing." However, he noted
that at the preliminary site plan stage all the analyses
have not been performed, either by his staff or the
applicant, to answer these questions. He stated that
stormwater issues cannot be addressed until all the
calculations have been performed. He stated: "If we get to
a point where we can't work with the same limits, but yet
the numbers don't show it, I'm not going to approve it. If
we have a specific design, but they can't make it work, I'm
not going to approve it." He confirmed that approval of a
preliminary site plan does not guarantee that the proposal
will be physically workable. (Mr. Moring noted that Mr.
Bowling was nodding his head in agreement.) He noted that
this was a difficult site and the erosion control issue
might control the ultimate design of the site and thus the
final site plan could look different.
In light of Mr. Moring's comments, Mr. Wilkerson asked if
the Engineering Department still supported the proposal.
Mr. Keeler interjected that Engineering had not supported
the proposal "in the first place." He recalled that their
comments, at the time of the rezoning, had been that "they
could not support the construction on the critical slopes."
He pointed out that had been included in the rezoning report
and had been brought to the attention of the Board of
Supervisors."
Mr. Moring responded: "If their construciton is to be done
on critical slopes, what they've recommended is the way it's
going to have to be done. It's the best way to do it."
Mr. Rittenhouse asked Mr. Moring to comment on the area
proposed for the additional parking, i.e. if said area was
not included, how would the site be effected?
Mr. Moring responded: "It would be a.whole lot easier to
design something that would work if that wasn't there." Mr.
Muncaster agreed. Mr. Moring noted that he was not saying
that it would not work as proposed, but rather that the
design would be "much easier and much more obvious."
Mr. Rittenhouse attempted to summarize the issue before the
Commission. He explained that the Board has implicitly
approved development to take place on critical slopes;
however, he felt it was still within the Commission's
purview to.examine the additional parking beyond 500 feet
and if that "happens to effect development which happens to
be on critical slopes ... that is a separate issue." He did
March 19, 1991
Page 9
not think either the applicant's proffers or the Board's
previous action precluded the Commission's analysis of the
modification request related to parking beyond 500 feet.
Mr. Cilimberg noted that the original concept plan
(presented to the Board) had shown the area proposed for the
additional parking to be for parking. He also noted that
one of the applicant's proffers had stated: "The plan
prepared by Freeland-Clinkscales & Associates, Inc., dated
3/29/90 is proffered as a conceptual site plan. The
applicant recognizes that revisions will be necessary in
order to provide ninety degree parking instead of angled
parking. Those items which require revision include, but
are not limited to: slope of entrance, slope of parking
areas, landscaping areas and the re -design of the parking
layout to provide ninety degree parking instead of angled
parking."
Mr. Rittenhouse did not interpret the proffer as "precluding
compliance with the Ordinance." He noted that the proffer
acknowledges that "revisions will be necessary."
Mr. Cilimberg noted that the 500-foot issue was not
addressed specifically by the Board; rather they considered
the conceptual plan recognizing that some revisions would be
necessary.
Mr. Rittenhouse noted that he was only attempting to clarify
that the Commission was properly considering the
modification.
Mr. Keeler called the Commission's attention to the
following statement taken from a memorandum dated February
121 1991 from himself and Ms. Patterson (the Zoning
Administrator), to Mr. Muncaster and Mr. Brandenberger
(Asst. County Executive): "Based on the record, it appears
the Board was fully aware that the Sam's development would
require encroachment on critical slopes. Therefore, the
Planning Commission cannot disapprove such development but
may require such measures as permissible under Section 4.2.5
MODIFICATION OF REGULATIONS." He explained that Section
4.2.5 includes recommendations from the County Engineer who
has advised the Commission that he has not yet approved the
feasibility of discharging the stormwater from this site in
a safe manner." Mr. Moring commented: "I'm not sure what
you're saying, but there are specific standards that have to
be met and those standards haven't been met."
Mr. Keeler read from Section 4.2.5: "No such modification
shall be granted until the recommendation of the agent shall
have been considered by the Commission. The agent, in
forumlating such recommendation, may consult with the County
Engineer, Virginia Department of Health, the Watershed
March 19, 1991 Page 10
Management Official, and other appropriate officials. The
County Engineer shall evaluate the potential for soil
erosion, sedimentation and water pollution in accord with
the current provisions of the VDOT Drainage Manual, the
Commonwealth of Virginia Erosion and Sedimentation Control
Handbook and the Virginia State Water Control Board Best
Management Practices, and, where applicable, the Runoff
Control Ordinance (which is not applicable in this case)."
Mr. Keeler noted that all that was supposed to come prior to
the granting of construction on steep slopes. He noted that
he had understood Mr. Moring has serious feasibility
concerns. (Mr. Moring did not correct Mr. Keeler's
statements.)
Mr. Rittenhouse noted that regardless of the Board's action
on the rezoning, if the requirements of the Ordinance cannot
be met, the final site plan "will not pass muster." Mr.
Bowling confirmed this was correct. Mr. Bowling added that
the applicant has to comply with the Soil Erosion Ordinance,
regardless of cost, and if he cannot then he must come up
with another plan that can meet the requirements of the
Ordinance.
Mr. Cilimberg noted that Section 4.2.5 gives Mr. Moring full
authority in determining what is necessary.
Mr. Bowling noted that the applicant is fully aware of the
requirements and also of the fact that there may be problems
encountered in trying to meet those requirements.
The Commission then discussed whether or not to approve the
request for modification of the parking requirements. Mr.
Rittenhouse noted he was inclined not to grant the waiver
for the distant parking spaces because that could possibly
result in a more straight forward design, though.it is not
certain at this point whether that would be the case. Mr.
Rittenhouse described the possible actions which were
available to the Commission.
It was determined that the Commission was in favor of
reviewing the final site plan.
Mr. Wilkerson moved that the Sam's Wholesale Club
Preliminary Site Plan be approved, including approval of
those waivers and modifications requested by the applicant,
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:
asp.
March 19, 1991
Page 11
a. Department of Engineering approval of grading
and drainage plans and calculations;
b. Department of Engineering approval of road and
drainage plans and calculations to include plans for
the upgrading of the existing private road to the
Sheraton Hotel;
c. Department of Engineering approval of
stormwater detention plans and calculations to include
discharge to a rip -rap channel flat and wide enough to
prevent any scouring of erosion;
d. Department of Engineering approval of an
erosion control plan to include the mesures outlined in
the letter submitted by Tom Muncaster dated February
26, 1991;
e. Virginia Department of Transportation approval
of road and drainage plans and calculations for the
extension of Hilton Heights Road and Berkmar Road;
f. Virginia Department of Transportation approval
of right-of-way improvement plans to include:
1. A 200' x 200' turn lane on the southbound
lane of Rt. 29;
2. A double 200' x 200' turn lane on the
northbound lane of Route 29;
3. Dual turn lanes on Hilton Heights Road to
provide left turns to the northbound lanes of Route
29 in a design as recommended by the Virginia
Department of Transportation;
4. A traffic signal at the intersection of
Hilton Heights Road and Route 29;
5. A traffic signal at the intersection of
Hilton Heights Road, the Wal-Mart entrance and the
Sheraton access road to be installed at such time
as recommended by Virginia Department of
Transportation;
g. Virginia Department of Transportation approval
of drainage plans and calculations in areas where
stormwater enters Virginia Department of Transportation
right-of-way;
h. Albemarle County Service Authority approval
water and sewer plans;
i. Albemarle County Service Authority approval
an easement across the northern most parking area to
the adjacent property;
j. Staff approval of a revised private road
maintenance agreement for the access road shared with
the Sheraton Hotel;
k. Staff approval of grading easements;
1. Staff approval of revised parking easements;
m. Staff approval of the final landscape plan,
after a Certificate of Appropriateness has been
obtained to include:
of
of
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March 19, 1991
Page 12
1. A conservation plan signed by the current
owner and the contract purchaser of the property.
The plan shall indicate limits of clearing and
provision of a temporary fence to protect the
proposed tree line;
2. A double staggered row of evergreen trees
planted fifteen (15) feet on center at the top of
slope along the west side of the site;
3. Restoration of landscaping to the extent
possible.
n. Provision of a sidewalk along the western
travel aisle from Hilton Heights Road to the east -west
travel aisle directly in front of the store;
o. Deletion of the twenty-five (25) parking
spaces located along the northernmost travel aisle;
p. Note the parking lot shall provide public
access to any future greenway park;
q. A Certificate of Appropriateness shall be
obtainted from the Architectural Review Board.
2. Administrative approval of the plat to include
delineation of a landscape easement adjacent of the west
side of the site.
3. A Certificate of Occupancy shall not be issued until the
following condition is met:
a. Fire Officer final approval.
Mr. Grimm seconded the motion.
Discussion:
Mr. Keeler asked if the Commission might wish to grant
administrative approval of all but the drainage plans. Mr.
Wilkerson noted the numerous conditions attached to the
preliminary and stated he was in favor of seeing them
addressed before the final review by the Commission.
Mr. Wilkerson confirmed that his motion contemplated the
approval of all waivers and modifications, provided all
engineering requirements can be met.
Mr. Keeler questioned whether the Commission had the
latitude to grant the modification allowing the parking at
this point. He stated: "I don't think you can grant the
modification based on the language in the Ordinance because
you don't have a recommendation from the Engineer on which
to base approval of the modification."
Mr. Cilimberg noted that if the applicant fulfills all the
.2-SAI
March 19, 1991 page 13
conditions attached to the preliminary plat, the Commission
would not have the opportunity to disallow the additional
parking at the time of final review UNLESS said parking
could not meet engineering requirements. The additional
parking could not be denied at the time of final review
based purely on the issue of excessive distance from the
use.
Some Commissioners felt that the distance of the parking
spaces was not a major concern. Rather the major concerns
were the proposed location on critical slopes and drainage
issues.
Ms. Huckle stated she could not support the modification for
extra parking given the fact that it was not required by the
ordinance.
The previously stated motion for approval passed (5:1) with
Commissioner Huckle casting the dissenting vote.
There being no further business, the meeting adjourned at
8:50 p.m.
f
Wayn Cilimb , secretary
DB .
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