HomeMy WebLinkAbout04 16 1991 PC MinutesApril 16, 1991
The Albemarle County Planning Commission held a public
hearing on Tuesday, April 16, 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;
Mr. Walter Johnson; and Ms. Babs Huckle. Other officials
present were: Mr. Wayne Cilimberg, Director of Planning and
Community Development; Mr. Bill Fritz, Senior Planner; and
Mr. Jim Bowling, Deputy County Attorney. Absent:
Commissioner Andersen.
The Chairman called the meeting to order at 7:00 p.m. and
established that a quorum was present. The minutes of April
2, 1991 were approved as submitted.
Mr. Cilimberg presented a brief preview of the April 23rd
Consent Agenda.
ZMA-90-28 Church of God - Request to rezone 0.98 acres from
R-4 (Residential density of approximately 4 units per acre)
to Commercial Office [proffered]. Tax Map 61, Parcel 154
(part) is on the northeast side of Rio Road approximately
1/4 mile south of Greenbrier Drive. The Comprehensive Plan
recognizes the Neighborhood Service and Low Density
Residential (1-4 units per acre). Rivanna Magisterial
district. The property is in a designated growth area
(Neighborhood 2).
Mr. Fritz presented the staff report. Staff recommended
approval of the request based on the following reasons:.
"(a) Uses are limited to uses similar to those allowed by
special use permit in the adjacent R-4 district; (b) The
Comprehensive Plan indicates this area as a transition
between Residential and Neighborhood Service. Commercial
Office zoning states in part that the intent of the district
is to serve as a transition between residential and more
intensive commercial zoning. This proposal meets that
intent; and (c) The proffered uses should not significantly
increase traffic on a non -tolerable road." The only
unfavorable aspect of the request identified by staff was a
"loss of residential holding capacity in the Urban area."
The report concluded: "Staff opinion is that the favorable
aspects of this rezoning outweigh the negative aspect."
The applicant was represented by Pastor Harold Bare. He
offered no additional comment.
There being no public comment, the matter was placed before
the Commission.
In response to Mr. Rittenhouse's request, Mr. Fritz read the
uses which would be allowed on the property based on the
applicant's proffer.
a(
April 16, 1991
Page 2
The Commission expressed no concerns about the proposal.
Mr. Wilkerson moved that ZMA-90-28 for the Church of God be
recommended to the Board of Supervisors for approval subject
to acceptance of the applicant's proffer.
Mr. Grimm seconded the motion which passed unanimously.
SDP-91-015 - Covenant Church of God Major Site Plan
Amendment - Proposal to move the stormwater detention basin
and add 33 new parking spaces. Tax Map 61 parcels 154 and
155 is on the east side of Rio Road approximately 1/4 mile
south of Greenbriar Drive. Zoned CO, Commercial Office and
R-4 Residential in the Rivanna Magisterial District.
ZMA-90-28 is being reviewed concurrently with this project.
The property is in a designated growth area (Neighborhood
2) .
Mr. Fritz presented the staff report. The report identified
the following issues to be addressed by the Commission:
(1) A waiver of Section 4.2.3.2 in order to allow
activity on critical slopes.
(2) A waiver of Section 21.7.3 in order to disturb the
20' buffer between commercial and residential properties.
The staff report concluded: "In the opinion of staff the
applicant has addressed the technical criteria for the
waiver of Sections 4.2.3.2 and 21.7.3. In addition, the
additional parking will bring the site into compliance with
the current parking regulations and should alleviate current
parking congestion on site. Based on thse factors, staff
recommends approval of the Covenant Church of God Major Site
Plan Amendment...."
In response to Mr. Johnson's question, Mr. Fritz confirmed
that the final decisions related to the piping of the stream
and amount of grading would be left to the Engineering
Department.
Mr. Johnson asked if the two parking areas would be subject
to the tree canopy regulations. Mr. Fritz responded: "The
applicant is providing these trees here. We'll calculate
that in the final phases. ... The applicant has done quite a
bit. I believe he'll be able to meet the tree canopy with
just the screening trees." Mr. Fritz also noted that the
landscaping requirements have changed since the original
approval of the site.
Referring to the large amount of fill that will be
necessary, Mr. Johnson asked what provisions were in place
to protect adjoining properties. (He recalled particularly
problems with the Auto Mart site.) Mr. Fritz responded:
"The big difference in this and Auto Mart is this will be a
1:2`y
April 16, 1991
Page 3
2:1 engineered slope and the Auto Mart slope was a cliff."
Mr. Fritz confirmed that in some places the applicant is
proposing a 3:1 slope.
In response to Ms. Huckle's request, Mr. Fritz pointed out
on the plan the part of the stream which staff was
recommending be piped. He also confirmed that staff was
recommending that grading in the buffer area take place only
where necessary. He explained this would be covered by
condition No. 1(c)--"Stream shall not be piped except to
accommodate the toe of the slope."
Mr. Jenkins asked if fill would have to be brought from
off -site. (The applicant's engineer later confirmed this to
be the case.)
The applicant was represented by Mr. Tom Muncaster,
Engineer, and Mr. Harold Bare, Pastor of the church.
Referring to piping the stream, Mr. Muncaster noted that,
from an engineering standpoint, "once you get water into a
pipe it is generally better to leave it in there than to
take it out and put it back in again." He also noted that
the slope shown on the plan was 3:1 which is easier to
maintain than a 2:1 slope.
Pastor Bare addressed the Commission. He offered to present
a video tape which he had made of the property. (The
Commission did not feel it was necessary to view the tape.)
He described the history of the acquisition of the property.
He explained that the clearing which had been referred to
was for the power lines. He stated that a lot of fill would
be brought in from off site. He noted that a neighboring
property owner has agreed to allow construction vehicles to
use a dirt road off of Rio Road to access the site. Mr. Bare
stressed that the property is useless as is, but is of vital
importance to the church.
There being no public comment, the matter was placed before
the Commission.
Mr. Fritz noted that he had visited the site and he
confirmed that Mr. Bare's description of the property was
accurate.
Mr. Johnson stated he supported the request. He agreed that
the property was of little use in its present condition and
he felt this would be a good use for the property.
Mr. Wilkerson agreed and moved that The Covenant Church of
God 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:
April 16, 1991
Page 4
a. Department of Engineering approval of final
grading and drainage plans and calculations;
b. Department of Engineering issuance of an
erosion control permit;
C. Stream shall not be piped except to
accommodate the toe of the slope; (NOTE: This
condition was later amended.)
d. Department of Engineering approval of
stormwater detention plans and calculations;
e. Planning Department approval of landscape plan
to include a double staggered row of screening trees
planted 15 feet on center within the 20' buffer
adjacent to the new parking area;
f. Staff approval of off -site easements.
Mr. Wilkerson confirmed that his motion contemplated
approval of the two waiver requests.
Mr. Johnson seconded the motion.
Discussion:
Mr. Grimm called attention to condition 1(c). He noted that
the Engineer had indicated he feels it would be better to
have the stream entirely piped. It was determined the
Engineering Department had not commented directly on the
piping issue. It was finally decided 1(c) would be amended
to read:
Stream shall not be piped except to accommodate
the toe of the slope, or as recommended by the
Department of Engineering.
Mr. Wilkerson and Mr. Johnson agreed to this amendment to
the motion.
The motion for approval passed unanimously.
There being no further bus
7:45 p.m.
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s, the meeting adjourned at
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