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HomeMy WebLinkAbout02 13 90 PC MinutesFEBRUARY 13, 1990 The Albemarle County Planning Commission held a public hearing on Tuesday, February 13, 1990, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. Keith Rittenhouse, Chairman; Mr. Harry Wilkerson, Vice Chairman; Mr. Phil Grimm; Mr. Tom Jenkins; Ms. Ellen Andersen; Mr. Walter Johnson; and Ms. Babs Huckle. Other officials present were: Mr. Ronald Keeler, Chief of Planning; Mr. David Benish, Chief of Community Development; Mr. Wayne Cilimberg, Director of Planning and Community Development; Mr. Bill Fritz, Senior Planner; and Mr. Jim Bowling, Deputy County Attorney. The Chairman called the meeting to order at 7:30 p.m. and established that a quorum was present. The minutes of January 23rd and January 30th, 1990 were approved as amended. CONSENT AGENDA - Batesville Agricultural/Forestal District Addition to Moorman's River III District Addition to Kinloch District Ms. Huckle moved, seconded by Mr. Jenkins, that the Consent Agenda be approved. The motion passed unanimously. SP-Q!J-97_Trinity Presbyterian Church - Request in accordance with Section 13.2.2(7) of the Zoning Ordinance for the issuance of a special use permit for the operation of a pre-school facility on property zoned R-1, Residential. Property, described as Tax Map 76, Parcel 17C1, is located on the west side of Old U.S. Rt. 29, north of the I-64 Exit 22 interchange. Samuel Miller Magisterial District. Mr. Keeler presented the staff report. Staff recommended approval subject to conditions. Mr. Johnson asked if a condition should be added limiting the use to five days per week, with no meals to be served, as indicated in the applicant's proposal. Mr. Keeler stated this limitation could be added if the Commission so desired. The applicant was represented by Mr. Mike Dowling and Ms. Helen Holbrook. In response to Ms. Huokle's question about the septic system, Mr. Dowling stated the Health Department had not yet evaluated the system. It was determined the drainfield was located in an area far removed from the children's play area and the children would never have access to that area. There being no public comment, the matter was placed before the Commission. Mr. Johnson asked that the following be added to condition No. 3: The use shall operate for a maximum of five (5) days per week and no meals shall be served. -114 February 13, 1990 Page 2 There was some discussion as to whether or not the restriction against meals should be tied to the possible future connection to public water and sewer. It was later decided condition No. 3 would be amended to reflect that "no meals shall be served until connection to public water and sewer." Ms. Huckle asked if there could be a condition added requiring Health Department inspection immediately, and then periodically hereafter. She noted that the use is already in operation. Mr. Rittenhouse stated this was covered in Condition No. 2 which would become effective when the special permit becomes official, Mr. Johnson moved that SP-87-97 for Trinity Presbyterian Church be recommended to the Board of Supervisors for approval subject to the following conditions: 1. The church shall connect to public sewer by August 21, 1991 or such earlier date as deemed appropriate by the Health Department in accordance with condition 2. Should the church not connect to sewer by this date, the Zoning Administrator shall cause discontinuance of the nursery school operation, and if deemed necessary, forward this special use permit to the Board of Supervisors for revocation. 2. Health Department approval of compliance with the conditions outlined in their letter of January 16, 1990. In addition, the Health Department shall inspect the drainfields' adequacy one month after the nursery school operation commences and every six months thereafter or until such time the church is connected to public sewer. Should the Health Department determine the septic system to be dysfunctional or otherwise inadequate, notice shall be forwarded to the Zoning Administrator for appropriate action. 3. Nursery school facility enrollment shall be limited to sixty (60) children; use shall operate a maximum of five (5) days per week; no meals shall be served until connection to public water and sewer. Additional enrollment shall require amendment to this special use permit. 4. Periodic inspection of the premises shall be made by the Albemarle County Fire Official at his discretion. Failure to promptly admit the fire official for such inspection shall be deemed willful noncompliance with the provisions of this ordinance. 5. These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of Welfare, Virginia Department of Health, Virginia State Fire Marshall, or any other local, state or federal agency. Mr. Wilkerson seconded the motion which passed unanimously. February 13. 1990 Page 3 Heritage Suhdivj,sion Final Plat - Proposal to divide two lots from Tax Map 58, Parcel 24 and reconfigure five existing lots for a total of six lots with an average of 2.79 acres. The lots are proposed to be served by a private road with access off of Route 679. The property is located on the south side of the C & 0 Railroad just west of Route 879. Property described as Tax Map 58, Parcels 23, 32, 32A, 35, and 36, is zoned RA, Rural Areas in the Samuel Miller Magisterial District. Mr. Keeler presented the staff report. Staff recommended approval subject to conditions. Referring to a note which was placed on the Peacock Hill Subdivision plat related to limitations on development in drainfield areas, Ms. Huckle asked if this same restriction could be placed on this development. Mr. Keeler responded affirmatively. Mr. Johnson expressed concern about condition 1(c) related to right-of-way improvements and stated he could "see this as being rather a very controversial and complex development." He explained that this was located "on the curve of a road that drops down 15 or 20 feet as it comes off the road." He also felt 1(d), related to on -site and off -site drainage easements, could require "quite extensive reseach and approval... with the various activities that all become associated with stream crossings and so forth." He asked if it would be appropriate to add a condition that "no changes to this area are authorized under this authority until all the provisions of paragraph one are satisfied, to reemphasize that these are controlling factors.' Mr. Rittenhouse explained that that typically is not done, "recognizing that the applicant has to accept all these conditions as bona fide conditions and treat them all seriously." Mr. Johnson felt there should be some emphasis placed on sequence. Mr. Keeler explained how the process for approval works and stated that "all these conditions are either for the Highway Department or Engineering Department so I would think that they would catch that." Mr. Johnson accepted this explanation. The applicant was represented by Mr. Bud Treakle. He called the Commission's attention to previous staff reports and briefly explained the history of the proposal. He stated the applicant, in working with the planning staff, has attempted to "substantially improve both the access to those individual lots and also to improve the lots themselves." He explained the lots are larger and two of the lots have been combined into one to meet staff and Health Department concerns about drainfields. He J/41 February 13, 1990 Page 4 also noted the Highway Department visited the site and helped to locate the entrance on Rt. 679 and therefore no difficulty is envisioned in meeting the requirements with respect to the right- of-way and the commercial entrance. He noted that though there are now six lots, instead of five, "all six are larger than the original five" and minimize any environmental degradation or any problems in the environment. The Chairman invited public comment. Mr. Jack Taggert, representing the Grassmere homeowners` association, addressed the Commission. Though Mr. Taggert did not object to the division of the property, he did express concern about the dangerous condition of Route 679. He related the accident history of the road which included a schoolbus accident. He explained that the road was poorly constructed in that it is banked the wrong way, has poor drainage and at times is almost impassable. He explained that though right-of-way has been secured for the improvements to the road, said right-of-way was not obtained in time for inclusion in the most recent Six - Year Road Plan. He stated that he has been informed that the project will be number 11 in the next plan and it will be 7-9 years before any improvements are made. He stressed the existing dangerous condition of the road. He asked that any approval for an additional subdivision carry with it a requirement for improvements to Rt. 679. He felt this was necessary for the protection of existing and future residents. He also expressed concern about construction traffic using the road during the construction of the development. He noted that the road is barely wide enough for two automobiles to pass. Mr. Treakle pointed out that five lots already exist and the proposal will not substantially change the current situation, i.e. "the lots are there, the lots are served by a 15-foot access easement which is totally inadequate and what we're asking you is to allow us to improve that easement and improve those lots." There being no further public comment, the matter was placed before the Commission. Mr. Treakle explained that it is his proposal to close the 15- foot access easement and "access back in the curve at an area where the Highway Department felt, based on their inspections, ...where we can gain the sight distance and everything necessary for the commercial entrance that they will require." Mr. Rittenhouse asked staff if VDOT had commented on the tolerability of Rt. 679. Mr. Keeler responded and referred to a letter dated August 23, 1989 which addressed the issue of sight distance only. He quoted the following more recent comments: "The proposed entrance location on Rt- R79 was not staked when we February 13, 1990 Page 5 looked at it. It appears there could be a sight distance problem in this vicinity due to the alignment of Rt. 679 Rt. 679 is currently a gravel road for which right-of-way for improvement has been obtained. This route is currently not in the Six Year Plan but is eligible to be added when the plan is next revised." Mr. Keeler recalled when the Grassmere subdivision had been built the developer at that time had made improvements to the road, but that had been before the Hylton case when it was possible to require certain types of improvements which cannot be required now. Mr. Keeler suggested that "in the interim" staff could ask the Highway Department to add some gravel to the road. In response to Mr. Rittenhouse's question as to whether the road was in the current plan, Mr. Johnson stated the road was priority number 88 with no funds identified prior to 1996. Mr. Cilimberg added that even if this project were moved to the top of "not previously funded projects," it would still be 5 years before it could anticipate funding and it would also have to be considered along with other projects which were submitted at the same time. Mr. Jenkins asked about the possibility of improvements which might be possible now, such as guardrail at the steep spot. He also suggested the possibility of citizen assistance in documenting the accidents on the road. Ms. Andersen stated she was familiar with the road and could confirm Mr. Taggart's descriptions. She felt just adding gravel to the road would not alleviate the problems in relation to safety. She wondered how you deal with a proposal when there is an element of safety involved in just getting to the development. Mr. Johnson agreed with Ms. Andersen. He added that there is also "an unprotected blind railroad crossing on the road with three tracks." He also noted that the proposed entrance is located on the blind curve and goes down about 20 feet at a slope of about 45 degrees." He stated he could not support the project "not from the standpoint that one more car or less is going to make any difference, but too many times additional housing has been authorized on unsatisfactory roads ad infinitum and nobody has been able to say 'this is the end --this is as far as we go, we've got to get the road improved before we can go ahead with additional building.' I state these concerns from personal experience." Ms. Huckle noted that this is a half mile of road and asked if the applicant was willing to regrade the road. Mr. Treakle responded that he had not yet considered that issue. He noted that the road has been designed. He explained that instead of "going down" as described by Mr. Johnson, the level 311 February 13, 1990 Page 6 was going to have to be raised with fill, trees will have to be cut for sight distance, and a decel lane will also be added. He felt the addition of the decel lane would greatly improve the safety of the road because the "bank" of the road can be changed when the decel lane is constructed. He felt hard -surfacing the road would not be economically feasible, Another representative of the applicant (who failed to identify himself) stressed that this proposal will improve a pre-existing situation and though the applicant has the right to use the exisitng 15-foot easement, that would be the last choice. He pointed out that the Highway Department chose the location for the entrance and when the taper problem has been corrected some of the concerns of the Commission will be alleviated. Mr. Rittenhouse asked Mr. Bowling to comment on whether the applicant could be denied approval of this plan based on the inadequacy of the public road system. In Bowling replied: "In order to do that you have to show that his plan is going to result in the inadequacy of the road that s there. Staff hasn't presented you any evidence that this is occuring. Essentially, he has a legal right to put five lots there, no matter what you do --you don't have any say over what he can do. Really the only issue is that one extra lot." Mr. Rittenhouse interpreted: "So we could deny the plan based on a proposed subdivision of five lots?" Mr. Brawling responded: "If you determine that the plan that is before you requires off -site improvements, you can --the plan, in other words, is generating the requirement for those off -site improvements. What staff has said is that the final plat meets the requirements of the Subdivision Ordinance and no evidence has been presented to you by staff as to an off -site road requirement." Mr. Johnson asked it was correct that "we are obligated to keep approving, ad infinitum, buildings and improvements, and so forth, along public highways which will no longer support those?" Mr. Bowling responded: "As a matter of right he can put five lots there. ... The only way you can stop him from putting his five lots there and using them, assuming he meets all the various planning requirements, is to buy them from him." Mr. Bowling added that the Commission could require that certain things be done, such as adequate sight distance, etc., but the Commission cannot determine that the sight distance is inadequate if the Highway Department has determined that the sight distance is adequate. Mr. Keeler noted that most of the roads in the County are inadequate for the traffic they carry. He added: "Clearly, to deny a subdivision on a road, my understanding is that we would have to demonstrate that that particular development caused an February 13, 1990 Page 7 unanticipated public danger that didn't exist before that development was there. If there's an existing public danger. then it should be addressed and, obviously, we are attempting to do that through the Six Year Road Plan, but there are a lot of other roads in the County which need improvement too." Mr. Cilimberg added that State enabling legislation does not allow a lot of latitude in how this type of situation can be viewed in terms of an approval or denial of a subdivision. He noted that if this were a rezoning or a special permit, it would be a different matter_ Mr. Rittenhouse interpreted that this "does not appear to be a situation of unsafe condition that is caused uniquely by this subdivision and as such we cannot require road improvements or deny that plan for at least five lots, based on an existing condition, whether it be safe or unsafe." Mr. Cilimberg noted that with some information from the property owners in the area, staff could approach VDOT to ascertain if some of their unallocated funds, set aside for County -wide projects, could be applied to spot improvements along this road over and above what the applicant will have to do. Mr. Jenkins moved that Heritage Subdivision Final Flat be approved subject to the following conditions: 1. The final plat will not be signed until the following conditions are met: a. Department of Engineering approval of road and drainage plans and calculations; b. Department of Engineering issuance of an erosion control permit; C. Virginia Department of Transportation approval of right-of-way improvements and issuance of a com- mercial entrance permit; d. Department of Engineering approval of all required on -site and off -site drainage easement plats; e. Compliance with all Federal, State, and local permit requirements pertaining to the disturbance alteration of a perennial stream bed. f. Health Department approval of delineation on each of approved septic area, and notation restricting distrubance of these areas. or lot Mr. Grimm seconded the motion which passed (5:2) with Commissioners Johnson and Andersen casting the dissenting votes. .3za February 13, 1990 Page 8 535 Westfield Road,prp„l,iminary_Site Plan - Proposal to construct a 6,400 square foot office building to be served by 38 parking spaces. Property, described as Tax Map 61W-02-$ Parcel 5, is located approximately 200 feet east of Greenbrier Drive on the west side of Westfield Road. Zoned C-1, Commercial in the Charlottesville Magisterial District. Mr. Keeler presented the staff report. Staff recommended approval subject to conditions, The applicant was represented by Mr. Lou Williams and Mr. Jack Kelsey who offered no additional comment. There being no public comment, the matter was placed before the Commission. Mr. Wilkerson noted that the application was in order and moved that 535 Westfield Road Preliminary Site Plan be approved subject to the following conditions: 1. The final site plan will not be signed until the following conditions have been met: a. Department of Engineering approval of grading and drainage plans and calculations; b. Department of Engineering approval of stormwater detention plans and calculations; C. Department of Engineering issuance of an erosion control permit; d. Virginia Department of Transportation approval of right-of-way improvements and issuance of a commercial entrance permit; e. Department of Engineering approval of retaining wall design; f. Albemarle County Service Authority approval of water and sewer plans; g. Staff approval of landscape plan. 2. Administrative approval of the final plan_ 3. A certificate of occupancy will not be issued until the following conditions are met: a. Fire officer final approval_ Mr. Grimm seconded the motion which passed unanimously. Southside Transfer Station - Proposal to construct a household refuse transfer station on seven acres. Property, described as Tax Map 121, Parcel 82A2, is located on Rt. 715 approximately 900 -42/ February 13, 1990 Page 9 r feet south of Rt. 712 near the intersection with Rt. 20 at Keene. Zoned RA, Rural Areas. Scottsville Magisterial District. Mr. Cilimberg gave a brief history of this project. Mr. Keeler presented the staff report, Mr. Keeler pointed out that a statement in the staff report which stated that Mr. Wain was "satisfied with the plan" was inaccurate and should have stated that Mr. Wain "was satisfied with the landscape plan." Staff recommended approval subject to conditions. Mr. Keeler explained the proposal for dealing with stormwater runoff and how it was envisioned to work. He stated further that the staff had met with the Watershed Management Official and the County Engineer's Department to discuss this issue. Mr. Keeler read a statement from the County Engineer dated February 13, 1990, related to potential surface water pollution. Though the County Engineer stated he felt the potential for surface water pollution from runoff from this facility warranted no further control measures than the level spreader shown on the site plan, Mr. Keeler stated staff "favored the pump and haul method of disposal." He pointed out that private individuals have been required to install "precautionary measures" within private developments. Mr. Johnson wondered it it might be wise to at least install the "collector pit underneath the compactor" at the time of initial installation with the balance of the necessary installation completed at some future time if needed. He felt this could save the cost of possibly having to "move everything around at a later date." Mr. Richard Moring, the County Engineer, addressed the Commission and explained the proposal in more detail. He stated the transfer station was designed to serve the needs of individuals, not commercial haulers. He explained the design of the site and its mechanical operation. He stated the facility would have an operator present during open hours. He stressed that nothing would be permanently disposed of at this site, rather the refuse will be stored at the site temporarily (until the compactor is full) and then it will be removed to another site. He stressed that this was a "sealed system" and he felt the only opportunity for spillage was possibly when the boxes were being changed. In response to Ms. Huckle's question, he stated the area would be fenced. Mr. Johnson explained a similar system he had had experience with in another area which was a more detailed recycling system. In response to Ms. Huckle's request, Mr. Keeler explained the location of the property lines and the existing screening 'pa February 13, 1990 Page 10 Mr. Johnson asked if there was any prediction of what the participation would be for this facility relative to the Ivy Landfill. Mr. Rittenhouse responded that the timing of this facility is the result of the closing of the Keene Landfill and would allow individuals to dispose of household refuse without having to contract with private haulers for its removal. He also pointed out that this is a "prototype" facility because the Comprehensive Plan calls for four or five of these facilities throughout the County. Mr. Johnson was interested in the expenditure for this facility in comparison to the Ivy Landfill. He compared the new facility to a Cadillac and the Ivy Landfill to a Model-T, but pointed out that they perform the exact same function. Mr. Moring also addressed the issue of water quality. He stated that "there simply isn't going to be any liquid discharge." He added, however, that in the event something does get spilled, there are means of cleaning up a spill which do not require some type of "liquid control system." He stated that the State Department of Waste Management has waived the requirement for an industrial -type septic tank in their determination that a permit is not necessary for this facility. In response to Ms. Huckle's question about the pump and haul operation, Mr. Moring stated that was not the same as a septic tank because no drainfield would be required. Ms. Huckle expressed concern about the types of toxic substances that are present even in ordinary household refuse (such as paint, aerosol cans, etc.) and felt some liquids were bound to leak during the compaction process. Mr. Moring stated that when household refuse, from curbside collection, is compacted, it is dry when it is discharged. He explained that there are enough dry materials within the refuse to absorb any liquids. Ms. Huckle noted that personal experience makes her believe otherwise. The Chairman invited public comment Mr. Doug Wain, an adjacent property owner, addressed the Commission. He expressed concern about the compacting process because it was his understanding that the compactor was not waterproof and the act of compaction would undoubtedly result in leakage of materials which were being compacted. He was concerned about runoff, whether from rainwater or the cleaning process, getting into the groundwater and contaminating his well. He felt the pump and haul operation was a good idea. He asked that the State Water Control Board and State Wastewater Management Board be consulted before final approval is given - Ms. Mary Wain also expressed concern about the contamination of groundwater. 826 February 18, 1990 Page 11 There being no further public comment, the matter was placed before the Commission. Mr. Rittenhouse stated that he had been on the site selection committee for this facility. He recalled that the neighborhood had been assured this facility would be an acceptable facility which would be unobtrusive to the neighborhood. He felt the County was committed to that promise at that time and that has not changed. He stressed that the facility would be screened so that it would not be visible to surrounding properties. He felt water quality was a central issue and though he did not contest Mr. Moring's analysis of the runoff situation, he stated that the Commission has consistently been very sensitive to groundwater protection in the rural areas and for that reason he was in favor of some type of collection system which would collect any possible leakage from the compaction process. He felt such a system should, at the very least, be accounted for in the design and the piping and drains should be put in place. He added: "Frankly, I am inclined to say that we should put the system in place so that it's operational when we make the transfer station operational." He noted that he was making a distinction between dealing with possible leakage from the processing of the refuse and stormwater runoff from the site. Ms. Huckle indicated she was in agreement with Mr. Rittenhouse's comments and that she, too, was in favor of a holding tank which would be pumped. In response to Mr. Wilkerson's question, Mr. Keeler confirmed staff supported a "sump with piping to an underground storage tank.. Mr. Wilkerson moved that SDP-89-095 for the Southside Transfer Station be approved subject to the following conditions: 1. The final site plan will not be signed until the following conditions have been met: a. Department of Engineering approval of grading and drainage plans and calculations; b. Department of Engineering approval of retaining wall design; c. Department of Engineering issuance of an erosion control permit; d. Department of Engineering issuance of a runoff control permit; e. Virginia Department of Transportation approval of right-of-way improvements and issuance of a commercial entrance permit; f. Site plan to include a sump at the location of the compactor with piping to an undergound holding tank and February 13, 1990 Page 12 to be operational when the Southside Transfer Station is placed in operation. 2. Administrative approval of the final site plan, Mr. Grimm seconded the motion which passed unanimously. OLD BUSINESS Site Plan Ext- Mr. Keeler explained that due to bad weather the last few months, staff is anticipating requests for extensions of site plans and subdivisions. He asked if staff could be granted administrative approval of 90-day extensions provided the applicant can successfully demonstrate that their plans were delayed due to excessive bad weather. Mr. Jenkins moved that staff be authorized to approve administratively 90-day extensions for site plans and subdivisions whose plans have been delayed because of unusually bad weather, Mr. Johnson seconded the motion which passed unanimously,. Urban Area Elementary School Site - Mr. Benish presented the staff report which was a staff analysis of the possible locations for the urban area school. He explained the criteria which had been used in selecting the possible sites. The staff report concluded: "Staff recommends that a site along the west side of Berkmar Drive be pursued for the location of the urban area school.' Mr. Rittenhouse explained what was being asked of the Commission, i.e. general comments about the proposed sites as to their Comprehensive Plan applicability. He stressed that this was not a hearing to determine compliance with the Plan of any particular site, nor was the Commission being asked to endorse or deny a staff recommendation. He explained that Commission analysis of a particular site would come after the Board of Supervisors and the School Board has chosen a site. Mr. Cilimberg added that staff was requesting comments as to whether or not the Commission feels any of the sites are unacceptable for further consideration. There was a brief discussion about the schedule for construction of the Berkmar Drive extension. Mr. Moring stated that it is anticipated that construction will begin this summer provided right-of-way can be acquired. Mr. Cilimberg and Mr. Keeler p, February 13, 1990 Page 13 explained some of the history of the Berkmar Drive project, and also how the extension will effect traffic patterns in the area, Mr. Johnson commended staff for their report. He added, however. that he would have liked to have seen some kind of bottom line estimate which would include not only acquisition costs, but also any possible construction problems associated with each project which could make a difference between sites. Mr. Cilimberg stressed that the Board wished to keep all options open at this time but would ultimately select two or three sites to analyze more fully. He explained staff had had a very short time to prepare this report and therefore could not get into a detailed cost analysis, etc. at this time. Mr. Johnson concluded that he felt there was only one acceptable site among those listed by staff and therefore it might be appropriate to identify at least one more site. The Chairman reminded the Commission it was not being asked to support a specific site at this time and should confine comments to Comprehensive Plan questions. Ms. Huckle stated she was opposed to Site No. 3 (School Complex) because of the fact that it was in the watershed and very close to the body of the reservoir itself. Mr. Benish noted that though the Whitewood Road site had been discussed in the staff report, it had not been discussed in the summary because the Board has already determined that the site is not to be considered. It was the consensus of the Commission that Site No. 3, the School Complex site, was not acceptable and should not be given further consideration because of its location within the watershed and its close proximity to the body of the reservoir itself. There being no further business, the meeting adjourned at 10:10 p.m. DS