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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 .1�43 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 121011 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 -1-Y-9 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 ';Z53 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 . a�S