Loading...
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. DB i s, the meeting adjourned at . Wayi* Cilimberq-,