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HomeMy WebLinkAbout04 09 1991 PC MinutesApril 9, 1991 The Albemarle County Planning Commission held a public hearing on Tuesday, April 9, 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. Ronald Keeler, Chief of Planning; Mr-. Richard Tarbell, Planner; Mr. Ken Baker, Senior 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 26, 1991 were approved a submitted. Presentation- Virginia Citizens Planning Association - Mr. Gary Webster, the Thomas Jefferson Planning District's representative to the Executive Board of the VCPA, addressed the Commission. He called the Commissions' attention to a brochure published by the VCPA which was included in their packets, and specifically to two items of particular interest: (1) A Certified Planning Commissioner Program (10-week home study) course which deals with the role of plannining commissioners; and (2) The Annual Institute for Planning Commissioners held the second week of October. He encouraged the Commissioners to take advantage of both of these opportunities. CONSENT AGENDA Jefferson Village Sewer Line - Review for Compliance with the Comprehensive Plan - Review of the proposed construction of a sanitary sewer system to serve Jefferson Village for complaince with the Comprehensive Plan pursuant to Section 15.1-456 of the Code of Virginia. The property is described as Tax Map 32D in the Rivanna Magisterial District. AND River Heights Retail Center Site Plan - Proposal to locate a total of 37,000 square feet of building area on 4.5 acres zoned HC, Highway Commercial. This site is proposed to have access to Rt. 29 and Hilton Heights Road, and will be served by 194 parking spaces. Property, described as Tax Map 45, Parcels 68D2 and 68D4, is located on the west side of Rt. 29 in the northwest corner of the intersection of Rt. 29 and Hilton Heights Road in the Charlottesville Magisterial District. Staff was requesting administrative approval after the proposal has been reviewed by the Architectural Review Board. l4? April 9, 1991 Page 2 Mr. Keeler briefly described these proposals. Ms. Huckle expressed concern about being asked to approve a development which had been approved by a previous Commission. She pointed out that at the time approval had been granted neither Wal-Mart nor the Sam's projects had been approved. She wondered if this proposal would have been approved if the Commission had been aware of these additional projects. Mr. Keeler pointed out that this was a use by -right and there had been no change in circumstance. Mr. Bowling added that even though the Commission could require that the project be re -reviewed (the site plan has expired), unless there had been changes in the Ordinance since the original approval, the Commission would find themselves in the same posture as exists "tonight." Ms. Huckle noted that she had no problems with the Jefferson Village Sewer Line. Mr. Wilkerson moved that the Consent Agenda be adopted as proposed. Mr. Grimm seconded the motion which passed (5:0:1) with Commissioner Huckle abstaining. SDP-91-016 - Forest Lakes Townhouses C Preliminary Site Plan - Proposal to construct 69 townhouse units on a 10-acre portion of Tax Map 46B4 Parcel 1 zoned R-15 Residential and EC, Entrance Corridor Overlay District. Located on the west side of Timberwood Boulevard across from its intersection with Worth Crossing in the Rivanna Magisterial District and within a designated growth area. Mr. Tarbell presented the staff report. Staff recommended approval subject to conditions. The applicant was represented by Mr. Steve Runkle. He offered no additional comment. There being no public comment, the matter was placed before the Commission. Mr. Wilkerson moved, seconded by Mr. Jenkins, that the Forest Lakes Townhouses C Preliminary Site Plan 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: 0 April 9, 1991 Page 3 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 stormwater detention plans and calculations; d. Department of Engineering approval of retaining wall designs; e. Department of Engineering issuance of an erosion control permit; f. Virginia Department of Transportation approval of road and drainage plans and calculations; g. Albemarle County Service Authority approval of final water and sewer plans; h. Staff approval of the final landscape plan after Architectural Review Board approval; 2. Certificate of Appropriateness must be obtained from the Architectural Review Board. 3. Administrative approval of the final site plan. 4. Administrative approval of the subdivision plats. 5. A Certificate of Occupancy shall not be issued until the following condition is met: a. Fire Official approval. The motion for approval passed unanimously. SUB-91-011 - Country View Preliminary Plat - Proposal to create five lots that average 5.8 acres with a private road from an existing 32.3 acre parcel zoned Rural Areas. Tax Map 57, Parcel 142 is on the West side of Route 708 approximately 1/4 mile South of its intersection with Route 738. Samuel Miller Magisterial District. Not in designated growth area. (Rural Area III) Mr. Tarbell presented the staff report. The report concluded: "Staff opinion is this preliminary plat is consistent with Zoning and Subdivision Ordinance regulations and recommends approval of the Subdivision with the private road and continued access for Tax Map 57, Parcel 141 onto Route 708." Mr. Rittenhouse asked staff to comment on the question of precedent. Mr. Keeler responded: "... Even if you consider the whole tract --let's forget about swapping of property --it would still be difficult to get a 21-acre piece out of this property just by virtue of the topography and the way it 1;2l April 9, 1991 Page 4 sits. So it you set aside the issue of them reducing it less than 31 acres, I think the second part of that anaylsis still applies and that is it's simply a better division this way than creating a 21-acre tract that either by it's shape or its topography probably would not be suitable for agriculture or forestry uses." Mr. Keeler explained the history of the establishment of the 21-acre parcel. He explained further: "Basically (the Ordinance) says that you have to do 21-acre tracts if you can, but you are entitled to use your development rights first and if the topography, building site requirements, setback from the stream, steep slopes and all the environmental requirements of your ordinance foreclose you from creating a 21-acre tract, you are entitled to go ahead and use your development rights." In response to Ms. Huckle's question, Mr. Tarbell confirmed that a building site has been located on each lot. The applicant, Mr. Pappas, was present but offered no additional comment. There being no public comment, the matter was placed before the Commission. Mr. Wilkerson moved, seconded by Ms. Huckle, that the Country View 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 private road and drainage plans and calculations; c. Department of Engineering issuance of an erosion control permit; d. Virginia Department of Transportation approval of right-of-way improvements to include a commercial entrance; e. The existing joint entrance for Parcels 140 and 141 on Tax Map 57 shall not be deleted; f. Staff approval of a private road -maintenance agreement; g. Staff approval of a road name. 2. Administrative approval of the final plat. The motion for approval passed unanimously. SUB-91-016 Aspden Preliminary Plat - Proposal to create two lots averaging 30.3 acres from a parcel served by an April 9, 1991 Page 5 existing easement. The proposed lots and the existing parcel will be served by a private road. Property, described as Tax Map 51, parcel 2 consists of a total of 97 acres zoned RA, Rural Areas. Located on the west side of Route 231 approximately 1 3/4 miles north of Route 615 in the Rivanna Magisterial District. This property is not in a designated growth area. Mr. Tarbell presented the staff report. The applicant was requesting a waiver of Section 18-36(f) to allow a private road to serve the two lots. Regarding the waiver request the staff report stated: "...staff must recommend denial of this waiver request as it is not based on 'existing development, topography, or other physical consideration.' It appears the request is made for 'special privilege or convenience' in that it would result in only two lots utilizing the easement which does not require compliance with the private road design standards outlined in Table I of Section 18-36(e)." Staff recommended denial of the preliminary plat because "the applicant has not adequately demonstrated the proposed privte road will alleviate significant degradation to the environment of the site as required by Section 18-36(b)(1) of the Subdivision Ordinance." Mr. Tarbell confirmed that the applicant had not submitted any calculations in relation to the private road request. The applicant was represented by Mr. Tom Gale. He explained that he had not submitted calculations because he felt the existing road was in good shape and is aligned in such a way that the vertical alignment would not have to be adjusted if a state road were to be constructed. He pointed out that "five years ago" this proposal would have met the criteria for a private road. He stressed that the existing road can almost meet the private road standards as it currently exists. He felt this was a "good exception to the rule" because it is "large lots, an exceptionally long distance, and a good road is in place." He confirmed that the road is gravel and it would be the applicant's intent that it remain gravel. He also noted that the State would not consider taking the road into the state system unless there are at least three lots on the road. There being no public comment, the matter was placed before the Commission. Mr. Rittenhouse stated he supported staff's assessment of the request. He noted that historically the Commission has required the analysis of additional grading to justify maintenance by private individuals vs. state maintenance. He added that it was difficult to grant a waiver based only on the issue of the applicant's expense. FA April 9, 1991 Page 6 Mr. Wilkerson agreed with staff's assessment also and moved that the Aspden Preliminary Plat be denied. Ms. Huckle seconded the motion. Discussion: Mr. Jenkins asked for an explanation of remaining division rights. Mr. Tarbell explained the 9 acres retains no division rights, the 37 acre parcel retains 1 right and the 60 acre parcel 3 rights. Mr. Jenkins concluded he would be more concerned about the private road if there were more divisions rights which could result in more traffic. The motion for denial passed unanimously. MISCELLANEOUS SP 91-03 Pro -Park (The Gardens) - Mr. Keeler explained that the applicant for this project (which had been denied at the April 2nd meeting), had withdrawn his request for the sale of alcoholic beverages. He asked if the Commissions' denial had been based solely on the sale of alcohol, or if there had been other concerns also. The Commission confirmed that there had been no other concerns and authorized staff to pass on to the Board that "if that aspect of the application had been removed, our recommendation would likely have been for approval rather than disapproval." Architectural Review Board Interim Guidelines Review - Mr. Tim Lindstrom, Chairman of the ARB, addressed the Commission and described the interim guidelines that the ARB is proposing. No action was required of the Commission as Mr. Lindstrom's presentation was for information only. - Staff Comments on Public Presentation Related to Cluster Development - The Commission asked staff to comment on their assessment of this presentation by Mr. Randall Arent. Mr. Keeler responded and explained that the County is already implementing many of the suggestions discussed. He noted, however, that some of the suggestions were not feasible because of regulations of other authorities, e.g. the Health Department will not approve common drainfields. April'9, 1991 Page 7 Ms. Huckle asked staff to look into a recent newspaper article which described the sale of bottled water which was being operated from a home. She wondered if this should be considered a commercial enterprise and regulated accordingly. There being no further business, the meeting adjourned at 8:45 p.m. I DB o:2y