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HomeMy WebLinkAbout03 26 1991 PC MinutesMarch 26, 1991 The Albemarle County Planning Commission held a public hearing on Tuesday, March 26, 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. Ron Keeler, Chief of Planning; Mr. Bill Fritz, Senior Planner; Mr. Rich Tarbell; 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 12, 1991 were approved as submitted. Agricultural/Forestal District Review: Columbia Gas Pipeline Easement in Blue Run Agricultural/Forestal District - The proposed pipeline will traverse 5,344 feet of Foxport Farm within Blue Run Agricultural District (Blue Run contains 4,135 acres; review date 6-17-84). Review of this proposed action is to determine the effect such action would have upon: (1) the preservation and enhancement of agriculture and forestry and agricultural and forestal resources within the district; and, (2) the policy of Virginia Code Chapter 36, Agricultural and Forestal Districts Act. Also, review of the proposed action is to determine the necessity of the proposed action to provide service to the public in the most enconomical and practicable manner. (Virginia Code Section 15.1-1512D.) AND SP-90-111 Columbia Gas Transmission Corporation - The applicant is requesting a permit to construct 6 miles of underground natural gas pipeline on many parcels of RA, Rural Areas zoned land. This new pipeline will be within the existing Columbia rights -of -way, however they must acquire an additional 20' of permanent rights -of -way and 10' of additional construction easement. Within the Blue Run Agricultural/Forestal District they will acquire only an additional 10' of permanent right-of-way. This request requires the corssing of the floodplain of Blue Run and a tributary of Happy Creek. The parcels involved are: Tax Map 35, Parcel 31; Tax Map 36, Parcels 1, 5, 6, 7, 8, 9B1, 10, 12, 13, 14, 19, 23, 24A, 24, 26 and 27; Tax Map 50, Parcel 48, and Tax Map 51, Parcels 3, 4, 5, 6, 7A, 7B, 7C, 21, 22B, 22C, 22. All parcels are in the northeastern -most area of Albemarle County stretching from Rt. 20 near the Orange County line eastward to the Louisa County line near Rt. 860. All properties are zoned RA, Rural Areas. The �S � March 26, 1991 Page 2 pipeline will cross Rt. 20 and Rt. 231 which are Entrance Corridors. This is not located within a designated growth area. (RAII). Staff was requesting deferral of both these items to April 2, 1991. Mr. Wilkerson moved, seconded by Ms. Huckle, that the Columbia Gas Pipeline Easement in the Blue Run Agricultural/Forestal District and SP-90-111 be deferred to April 2, 1991. The motion passed unanimously. SDP-91-012 - The Gardens Maior Site Plan Amendment - Proposal to increase building size and parking spaces within The Gardens Shopping Center on an eight acre parcel Zoned C1, Commercial and EC, Entrance Corridor, Tax Map 45, parcel 104 (part) is on the East side of Route 29 approximately 1/4 mile north of its intersection with Rio Road. Charlottesville Magisterial district. In a designated growth area (Neighborhood 2). Mr. Fritz presented the staff report. Staff recommended approval subject to conditions. Ms. Huckle expressed concern about existing traffic patterns within the development. She asked if directional signage, internal to the development, could be installed. Mr. Keeler confirmed that the Commission had the authority to require directional signage under the site plan ordinance and under the parking provisions. The applicant was represented by Mr. Michael Mellon. He stated he concurred with the staff's report. Regarding signage, he stated: "We are willing to do whatever is reasonable (in the confines of what is allowed); ...we will work with staff to do that as the development comes on line." There being no further applicant or public comment the matter was placed before the Commission. Mr. Wilkerson expressed some confusion as to how the applicant proposed to address the signage issue. Mr. Rittenhouse stated it was his understanding the applicant was willing to work with staff on this issue. Mr. Keeler quoted from the Ordinance: "Signage shall be approved by the Zoning Administrator in accordance with Section 415..Approval of a site development plan shall in no �7 March 26, 1991 Page 3 fashion be deemed approval of any signage except such signs as as may be specifically required by the Commission to regulate traffic, prohibit parking, or to serve some other public purpose of this ordinance." He added: "So I think if you require specific signage to serve a public purpose of the Ordinance, it doesn't count towards his aggregate signage." Ms. Huckle noted that what she had in mind was directional signs and small identification signs. Mr. Wilkerson moved that the Gardens 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. Staff approval of landscape plan relocating trees affected by the amended building. 2. Administrative approval of the final site plan; 3. The final site plan shall not be signed until the issuance of a Certificate of Appropriateness by the Architectural Review Board. Mr. Jenkins seconded the motion which passed unanimously. Edaecomb's Imported Auto Sales and Service Major Site Plan - Proposal to add a 3,000 square foot building and additional parking spaces for a total of 82 spaces to accommodate display and customers on a 1.72 acre parcel Zoned HC, Highway Commercial, [Proffered], and EC, Entrance Corridor, is located in the southwest quadrant of the intersection of Routes 742 and 1101 (Avon street Extended near City -County line). Scottsville Magisterial district. In designated growth area - Neighborhood 4. Mr. Tarbell presented the staff report. Staff recommended approval subject to conditions. Ms. Huckle asked how automobile wastes would be handled. Mr. Tarbell explained that liquid wastes would be stored in containers and then removed from the site for disposal. The applicant was represented by Mr. Robert Cummings. He stated the applicant concurred with the staff report. He offered no additional comment. There being no further applicant or public comment the matter was placed before the Commission. March 26, 1991 Page 4 Mr. Rittenhouse noted that he felt the issue of substitutions for landscaping could not be addressed by the Commission because it is up to the Board to determine if the proffer has been satisfied. Mr. Rittenhouse concluded the only issue was the determination as to whether public sewer is reasonably available to the site. Mr. Wilkerson indicated that he was in agreement with the staff's assessment of the availability of public sewer and therefore he moved that the Edgecomb's Imported Auto Sales and Service Major Site Plan Amendment be approved subject to the following conditions: 1. The final site plan shall not be submitted for signature nor shall it be signed until the following conditions are met: a. Department of Engineering approval of grading and drainage plans and calculations; b. Department of Engineering isuance of an erosion control permit; c. Virginia Department of Transportation approval of right-of-way improvements to include a commercial entrance; d. A Certificate of Appropriateness has been obtained from the Architectural Review Board. 2. Administrative approval of the final site plan. Ms. Andersen seconded the motion which passed unanimously. Section 18-34 of Subdivision Ordinance - Mr. Keeler reviewed a memo related to double frontage lots. He explained how staff intended to interpret this section of the Ordinance and asked for the Commission to comment. The memo stated that staff's interpretation would be as follows: "A rectangular two -acre lot with a lot width of 250 feet would have a depth of 350 feet. To encourage internal road access and alleviate application of this regulation to (most) rural development, it is recommended that this provision be deemed to be operative only to lots less than 350 feet in depth. This would not foreclose screening measures in unusual circumstances of building site location." Mr. Bowling explained that this interpretation would prevent the Commission's having to grant exceptions in each of these cases. The Commission expressed no objections to staff's proposed interpretation. No formal action was taken. C�9 March 26, 1991 Page 5 Rustling Oaks Preliminary Plat - Subdivision to create nine lots (five that average 3.4 acres) with a state road from one 111.6 acre parcel zoned Rural Areas. Tax Map 44, Parcel 31H is on the East side of Route 601 approximately one mile North of its intersection with route 654. Jack Jouett Magisterial District. This property is not located within a designated growth area. (Rural Area I). Mr. Tarbell presented the staff report. Staff recommended approval subject to conditions. Mr. Rittenhouse noted that the applicant was considering incorporating the suggestions of the Watershed Management Official into the plan though he was not prepared to accept these suggestions as conditions of approval. He asked Mr. Tarbell to comment on the likelihood that these suggestions would actually become a part of the plan. Mr. Tarbell deferred this question to the applicant. The applicant was represented by Mr. James Gercke. He explained that he had strived to locate the large lots along Barracks Road "so as to provide a buffer from the road back to the clustered small lots." He explained this had resulted in the double frontage on Lot 8. Regarding the Watershed Management Official's recommendations, he confirmed that the "owner/applicant was not prepared to accept, at this point, the incorporation of these recommendations into the request for approval, but will, following the Comnmission's action, work with County staff in any way that's economically feasible or viable to accomplish as much of this as can be done." However, he stated that the applicant is prepared "to design the detention basins in the erosion control procedure to a 10-year storm rather than a 2-year storm which will provide additional protection during the construction period." He stated also that restoration of the pond (which does not currently retain water) is being considered. The Chairman invited public comment. Ms. Julia Shields, representing Citizens for Albemarle, read statement which asked that "the Planning Commission strongly urge the applicant to provide for the future protection of water quality in the final site plan." (See Attachment A.) There being no further applicant or public comment the matter was placed before the Commission. Ms. Huckle stated that though she appreciated the good intentions of the applicant, she wished that the County did not have to "rely on the good nature and conscientiousness of developers" in relation to water quality protection. =V6 0 March 26, 1991 Page 6 Mr. Rittenhouse noted that he, too, shared the concerns related to the protection of the watershed, but "the fact is that our Ordinance doesn't, at this time, give us the latitude to require compliance with the Watershed Management officials recommendations." He encouraged the applicant to pursue said recommendations, for obvious reasons. Mr. Wilkerson noted that the applicant was aware of the concerns and moved that the Rustling Oaks Preliminary Plat be approved 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. Department of Engineering approval of grading and drainage plans and calculations; b. Department of Engineering approval of road and drainage plans and calculations; C. Department of Engineering approval of an erosion control plan; d. Virginia Department of Transportation approval of right-of-way improvements to include a commercial entrance and a 200' x 200' wide right turn and taper lane; e. Virginia Department of Transportation approval of road and drainage plans and calculations; f. Note on final plat all lots are restricted to the internal road only. 2. Administrative approval of the final plat. (Note: The motion was later amended and this condition was changed to require Commission approval of the final.) Mr. Grimm seconded the motion. Discussion: Mr. Jenkins suggested that the Commission review the final plat because he felt this might be incentive for the applicant to consider the Watershed Management Official's recommendations more seriously. The Commission agreed with this suggestion and Mr. Wilkerson and Mr. Grimm agreed to amend the motion. It was agreed condition No. 2 would be changed to read: 2. Planning Commission approval of the final plat. The amended motion for approval passed unanimously. SDP-91-010 Jefferson Point Townhomes, Phase I Final Site Plan - Proposal to construct twenty-five dwelling units, a community building, pool, tot lot and private road off of � 61 March 26, 1991 Page 7 Pantops Mountain Road on 8.1 acres, Zoned R-10, Residential and EC, Entrance Corridor. Tax Map 78, Parcel 55A (part) is located in the Northwest quadrant of the intersection of Route 250 and Pantops Mountain Road Rivanna Magisterial District. In designated growth area - Neighborhood 3. Mr. Fritz presented the staff report. Staff recommended approval subject to conditions. The applicant was represented by Mr. Ron Langman. He offered no additional comment. The Chairman invited public comment. Ms. Eleanor Santick asked if the Architectural Review Board had given its approval to the plan. Mr. Keeler responded: "They granted a preliminary approval. The changes that they want to see would not effect the site plan itself. It's mostly issues of facade treatment, etc. They would review the plans again before we could actually sign the plan and authorize the issuance of a building permit." Mr. Fritz added that some additional landscaping (beyond what is shown) was also addressed by the Architectural Review Board. There being no further applicant or public comment the matter was placed before the Commission. Mr. Wilkerson moved that the Jefferson Pointe Townhomes Phase I Final site Plan be approved subject to the following conditions: 1. The final plan shall not be signed until the following conditions are met: a. Department of Engineering issuance of an erosion control permit. b. Architectural Review Board issuance of a Certificate of Appropriateness. Mr. Jenkins seconded the motion which passed unanimously. MISCELLANEOUS Ms. Huckle expressed the hope that the standards "would be tightened up" so that the County would be able to require measures that would further protect the watershed. Mr. Keeler suggested that the Commission adopt a Resolution of Intent to request that the Water Resource Committee take up the issue of protective measures to the reservoir. (No resolution was proposed.) March 26, 1991 Page 8 Ms. Huckle hoped that some "small things which will tide us over until the broader aspect is addressed" could be developed quickly. Mr. Keeler interpreted that the Commission would like to see some interim measures which could be implimented quickly. There being no further business, the meeting adjourned at 7:50 p.m. V. Way Cilimber Secretary DB