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.
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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:
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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
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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.
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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
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