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HomeMy WebLinkAbout05 22 90 PC MinutesMAY 22, 1990 The Albemarle County Planning Commission held a public hearing on Tuesday, May 22, 1990, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. Keith Rittenhouse, Chairman; Mr. Harry Wilkerson, Vice Chairman; Mr. Tom Jenkins; Ms. Ellen Andersen; 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 Grimm. The Chairman called the meeting to order at 7:30 p.m. and established that a quorum was present. The minutes of May 8, 1990 were approved as submitted. SP-90-26 Commonwealth Gas Pipeline Corporation - The applicant is petitioning the Board of Supervisors to issue a Special Use Permit for a gas transmission line [10.2.2(6)] on property zoned RA, Rural Areas. Total distance is 0.7 mile. The new line will be located adjacent to two existing lines mainly on the west side of Rt. 20. Properties described as Tax Map 35, Parcels 37A & 31, are located on both sides of Route 20 approximately 1/3 mile north of the intersection of Route 20 and 641 in the Rivanna Magisterial District. Deferred form the May 1, 1990 Planning Commission meeting. Mr. Fritz presented the staff report. Staff recommended approval subject to conditions. The applicant was represented by Mr. Jim Skove. He explained the location of the pipeline and the need for the expansion. He stated the the pipeline had been found to be a public necessity by the State Corporation Commission and it has also been determined that there is no other reasonable alternative. He pointed out the line is in compliance with the Comprehensive Plan and the applicant "has taken all reasonable measures to insure the safety of the line —and to minimize the impact of the line on the environment and on the landowners." He concluded that the applicant had no objections to the suggested conditions of approval. The Chairman invited public comment. Ms. Kathleen Shifflett addressed the Commission. She explained that the pipeline would cross her property. She questioned the need for an expansion. She asked what type of product would be carried through the line. (The applicant explained the pipeline would carry methane and /4� May 22, 1990 Page 2 would be 24" in diameter. Mr. Skove also explained that approximately 20 feet will be added to the south side of the existing 70 foot easement.) Mr. Shifflett asked if any alarm devices would be installed. (Mr. Buchanan, representing the applicant, stated an alarm system which would indicate any change in pressure would be located in Richmond but there would be no on -site alarm.) Ms. Shifflett asked if the lines would be plainly marked and if the property owners would be able to make use of them. (Mr. Buchanan responded that no individual farm taps would be allowed, but the lines would be marked.) Ms. Shifflett asked if the applicant would be responsible to any damages to private property. she explained that when the existing line had been installed her home had suffered damage resulting in the need for a new roof for which she had received no compensation. She asked if there would be any method to contain the blasting debris. (Mr. Rittenhouse explained that it was in the applicant's interest to take adequate precautions to avoid having to compensate private property owners, but the Commission is not in a position to dictate the applicant's means and methods of installation, "but a condition of approval would address protection of landowners as a result of installation.") Mr. Franklin Hall asked that the applicant "follow up" on the subcontractors. He explained that previously the work had not been covered during blasting, nor had any "clean-up" taken place after the work was completed. He suggested that the applicant post a bond to insure that private property would be protected. There being no further public comment, the matter was placed before the Commission. Mr. Rittenhouse asked Mr. Bowling if condition No. 2--(All fences and other existing structures existing at the time of the installation of the pipeline and which are disturbed by such installation shall be restored or reasonably compensated for.) --was such that it could be easily enforced. Mr. Bowling responded that he had trouble envisioning how the Zoning Administrator would be able to enforce a condition which required that adjoining landowners be reasonably compensated. Ms. Huckle asked how this concern could be addressed. Mr. Bowling explained that the applicant would be required to obtain a Blasting Permit, and any liability that the applicant might incur would be "strict liability." He indicated that compensation for any damages would be a private matter between the landowner and the applicant, and the Zoning Administrator was not in a position to bring suit on behalf of an individual property owner. / /a 7 CIS May 22, 1990 Page 3 Ms. Huckle asked if bonding should be considered. Mr. Bowling agreed that approach was possible, but he pointed out that there is a liability factor with any project that is approved by the County because any time any site is disturbed there is the potential for an adjoining property owner to be damaged. He added that many projects involve blasting. Mr. Buchanan addressed this concern and explained that procedures are quite different now than when the existing lines were laid (1950 and 1964). He pointed out that the applicant will have to comply with the Soil Erosion Control Plan. He stated that it was his understanding that the blasting would be contained with a controlled area. He noted also that there is not a high concentration of rock in this area. There was a brief discussion as to whether or not to delete the last part of condition No. 2--or reasonably compensated for. Mr. Bowling stated there was no harm in leaving in these words, but that is what the applicant will be required to do in any case, and neither the Zoning Administrator or any other public official would be able to enforce such a condition reasonably. No decision was made to delete these words, therefore they remained as stated by staff. Mr. Wilkerson moved that SP-90-26 for Commonwealth Gas Pipeline be recommended to the Board of Supervisors for approval subject to the following conditions: 1. All construction to be accomplished within a 90-foot easement. 2. All fences and other existing structures existing at the time of the installation of the pipeline and which are disturbed by such installation shall be restored or reasonably compensated for. Ms. Andersen seconded the motion which passed unanimously. SP-90-34 Andrew H. Johnson - The applicant is petitioning the Board of Supervisors to issue a Sp ecial Use Permit to permit towing and storage j27.2.2(12)1 proposed by ZTA-90-04, on 2.2 acres zoned LI, Light Industrial. Property, described as Tax Map 77, Parcels 8C and 8D is located on the west side of Rt. 742 just south of the corporate limiter of Charlottesville in the Scottsville Magisterial District. Deferred form the May 1, 1990 Planning Commission Meeting. /4� May 22, 1990 Page 4 Mr. Fritz presented the staff report. Staff recommended approval subject to conditions, noting that the request could not be finally approved unless the ZTA allowing this use (now pending before the Board) is also approved. Mr. Wilkerson asked if the County Engineer or the Watershed Management official had any concerns about leakage from parked vehicles. Mr. Fritz replied that it was felt that "with a limited amount of work a substantial amount of the fluids could be filtered out or removed." Mr. Wilkerson asked why staff wasn't requiring "diversion of drainage into grass filter strips" as referred to in the staff report. Mr. Fritz responded that it will depend on how the site is laid out because there may be a natural diversion. Mr. Fritz explained that condition No. 4--Compliance with Section 4.14 ofthe Zoning Ordinance. --would address this concern. In response to Mr. Johnson's request, Mr. Fritz explained how the cross-section was taken. Mr. Johnson also asked Mr. Fritz to comment on setback restrictions. Mr. Fritz explained that would be reviewed along with the sketch plan. He stated that the building is required to be setback from the street 50 feet, and parking 10 feet, and the setback from residential lot lines is 50 feet, parking 30 feet, and clearing 30 feet. Mr. Johnson asked if there was any setback on the eastern side. Mr. Fritz responded negatively explaining that there is no setback fvnm industrial property. The Chairman invited applicant comment. Mr. Johnson addressed the Commission. He stressed that there was very little leakage of liquids because with wrecked vehicles the liquids drain out at the site of the accident, and with parked operable vehicles there is very little leakage because the engines are under no pressure. He explained that any liquids which did need to be drained would be kept in a suitable container which would be removed periodically. He stressed that the limitations of the site would restrict the growth of the business. He did not think the business would be a night-time nuisance to adjoining residential property because of the infrequency of night jobs. The Chairman invited public comment. Mr. Randy Wade, owner and developer of Willoughby, addressed the Commission. He felt that the conditions of approval should address evening or nighttime activity. (Mr. Fritz explained that Section 4.14 Performance Standards would May 22, 1990 Page 5 address the issue of noise and would require that between 7 p.m. and 7 a.m. there be a reduction of noise levels.) Ms.Lorett Groupy addressed the Commission. She expressed concern about the possibility of leakage of hazardous materials into the environment. She suggested that all such liquids be removed from the vehicles before storage on the site. Mr. Johnson was allowed final comment. He stressed that night-time activity is very low and explained in detail the amount of noise that could be expected. There being no further comment, the matter was placed before the Commission. Mr. Wilkerson asked Mr. Johnson how he would operate if a limitation were placed restricting hours to 7 a.m. to 11 p.m. Mr. Johnson responded that would create a problem because he has to be available to the Albemarle County Police Department 24 hours per day. He explained that wrecks that he would pick up (in the southern part of the County) would be taken to his home and brought in the following morning, but those picked up by his employee in the other parts of the County would have to be taken to the yard because said employee lives in the City and he doubted the feasibility of parking a tow truck and wrecked vehicle on a city street. Mr. Johnson made the following comments: "Because of its effect on the environment, its location next to a potential residential area and its location alongside of what may become a major entry to the City of Charlottesville, this, in effect, would be detrimental to the whole area, and we would not be in conformance with the Comprehensive Plan to ignor it. ... By using Attachment A which was presented to us, I have computed the width of the storage area varies from between 75 and 45 feet, with the maximum distance from the creek bed, the edge of the creek, to the edge of the storage area, being between 100 feet and 80 feet, and that the western fence varies in distance from the creek bank from 22 to 37 feet. We just heard the figure given that 'shouldn't disturb a clearing within 50 feet of a creek,'.... Those are the dimensions we're looking at --they're pretty tight. The total storage area that I compute is (approximately) 9,000 square feet. This site is the remains of an abandoned quarry. It has a solid rock bank on one side, a rock base, and a rock cliff against the creek. This rock is typical of all rock --it's not solid from the standpoint that it's impervious, it's granulated, it has 1 5�5� May 22, 1990 Page 6 fissures, it has breaks and this is represented and reflected by the existing growth of vegetation. There is essentially no natural vegetation other than an occasional bit of grass on the bottom where the storage site is. On the side towards the cliff, there are some small, more or less scrub trees growing out of the holes in the fissures in that solid bank. Towards the creek there are some scrub trees growing out of the rock. I think this is a very serious situation when we consider the containment of the runoff, the noise, etc. Moores Creek appears to me as a very desirable, strong creek; it has natural beauty that this cannot do anything but disrupt, and disrupt unfavorably. That which is growing on this site, as far as agriculture goes, is the result of washed topsoil and not the result of any kind of bottom that would support growth. From the dimensions of this situation, I cannot see how you can plan to geometrically plant this barrier of pine trees along the creek ... they have to be geometrically placed in stone and the only way you can do that is to blast a hole and refill it. So the prospects of effectively planting trees that will grow on a geometric basis is quite slim. As far as controlling the runoff of liquids --that's almost impossible, as indicated by staff, without some kind of a solid base --petroleum products, anti -freeze, can get down in there and there's no way you're going to contain it. As far as controlling the runoff, grass, as staff indicated, may control solids, but we're not not talking solids, we're talking about petroleum products which kill grass and we're talking about things such as anti -freeze which will kill animals. ...it doesn't seem to me like a practical solution. The aesthetic characteristics of this environment- cannot but be adversely effected by the existence of a 10-foot opaque fence. So for these reasons --the effect on the environment, the uncontrollable effect --I cannot support the request." Ms. Huckle asked where the grass filter was supposed to be placed and if topsoil would have to be added. Mr. Fritz stated that he and a representative of the Engineering Department had visited the site and found areas of vegetation in the lower portions of the site ("a mixture of scrub trees, blackberries, vines, honeysuckle, grass"). He stated that he did feel it would "require some additional seeding and some additional work." Mr. Fritz stressed that these issues would be addressed at the time the sketch plan is submitted and the plan would have to meet the minimum requirements of the Ordinance in terms of setbacks, etc. and if those requirements could not be met, the plan could not be approved. � 4, May 22, 1990 Page 7 Mr. Rittenhouse asked staff to comment on the uses allowed by right in the LI zone. (Mr. Cilimberg noted that a body shop would be allowed by special permit.) Mr. Fritz responded: "Such things as compounding of drugs, including biological products, medical and chemical as well as pharmaceutical, farming and rescue squads, quite a list of manufacturing processing, fabrication, assembly, distribution of products, a large list of different uses, drafting supplies, electrical lighting, electrical and electronic components, food and beverage, industrial controls, photographic equipment... publishing and printing, preparation of printing plats, research and development activities including experimental testing, scientific or technical education facilities, assembling or fabrication of light aircraft from components manfactured off site, contractor's office and equipment storage...." (Mr. Fritz noted that he was not reading the list in detail.) Mr. Wilkerson indicated he supported Commissioner Johnson's comments. He stated he could not support the proposal because he felt it did not belong next to a subdivision. Mr. Wilkerson moved that SP-90-34 for Andrew H. Johnson be recommended to the Board of Supervisors for denial. Mr. Johnson seconded the motion. Discussion: Ms. Huckle stated she could not support the request unless the filter strips were required. Mr. Rittenhouse stated he felt concerns about noise, hours of operation and pollution would be addressed through the Performance Standards in the Zoning Ordinance at the time of site plan approval. He noted that granting of this special permit "doesn't guarantee that it can meet muster at the site plan review stage and if it could not meet the requirements attached to it at site plan, then it wouldn't go forward. It would have to obtain site plan approval in order to become a reality." He stated that though he shared the concerns about groundwater pollution and the sensitivity required for uses adjacent to a residential development, he would defer those questions to the time of site plan approval. He concluded he could support the application and therefore would not support the motion for denial. i4rl . . r May 22, 1990 Page 8 The previously stated motion for denial passed (4:2) with Commissioners Jenkins, Huckle, Wilkerson, and Johnson voting for the motion and Commissioners Rittenhouse and Andersen voting against. SP--90-33 Hillsboro Baptist Church - The applicant is petitioning the Board of Supervisors to issue a special use permit to permit a 3,000 square foot addition to the existing church (12.2.2(15)] on 4 acres zoned VR, Village Residential. Property, described as Tax Map 55A, Parcels 32 and 36A is lcxw.ed on the north side of Rt. 797 approximately two -tenths mile east of Rt. 684 in the White Hall Magisterial District. Deferred from the May 15, 1990 Planning Commission Meeting. Mr. Fritz presented the staff report. Staff recommended approval subject to conditions. Ms. Huckle asked why there was no condition requiring Health Department approval. Mr. Fritz explained that would be included in staff's approval of the site plan, but noted that the Commission could add that as a condition if so desired. It was decided No. 2 would be changed to read: Staff approval of site plan, to include Health Department approval. Mr. Fritz confirmed that staff approval also contemplated incorporation of the Engineering Department's conditions of approval. Mr. Fritz noted that the addition would not require any additional parking. The Chairman invited applicant comment. The applicant was represented by Mr. Allen Thompson, Pastor of the church. He explained that this was not an expansion of the ministry, but rather an improvement of the adequacy of the existing space. He noted that the existing church is not easily accessible to the mobility impaired and the addition will improve that situation and thus improve safety. He stated the addition would match the architecture of the existing building. Regarding the VDOT recommendation that a tree be removed to improve sight distance, he explained that the tree in question was on adjacent property. (Mr. Rittenhouse explained that the church may need to obtain an easement from the adjacent property owner. Mr. Fritz confirmed this was accurate, but noted that Mr. Echols, of the Highway Department, has indicated that the tree is probably in VDOT right-of-way.) !Cka May 22, 1990 Page 9 There being no public comment, the matter was placed before the Commission. Mr. Wilkerson noted that the application was straightforward and moved that SP-90-33 for Hillsboro Baptist Church be recommended to the Board of Supervisors for approval subject to the following conditions: 1. Expansion is limited to 3,13.6 square feet and shall be in general accord with the plan prepared by Warren Engineering dated March 27,1990; 2. Staff approval of the site plan to include Health Department approval; 3. Approval is for worship services and church related activities only. Day care or other usage shall require amendment of this special use permit; 4. Compliance with comments of the Virginia Department of Transportation dated April 19, 1990. Mr. Jenkins seconded the motion. Discussion: Mr. Johnson objected to VDOT's recommendation for removal of the tree on adjacent property. He felt this requirement would "involve an unwarranted invasion of the property owner's rights... without justification or reason." He presented a photograph of the tree and the intersection in question and explained that the tree in question was approximately 12 inches in diameter with no branches lower than 10 feet. He questioned how the tree could possibly interfere with sight distance. He noted that if the tree is not on church property, then there is no reason for the condition, and if it is on the church's property, then condition No. 4 should be eliminated. The previously stated motion for approval passed (5:1) with Commissioners Andersen, Jenkins, Huckle, Wilkerson and Rittenhouse voting in favor of the motion and Commissioner Johnson voting against. SP-90--35 Covenant Church of God - The applicant is petitioning the Board of Supervisors to issue a special use permit to permit a 800 seat church [10.2.2(35)] on 10 acres zoned RA, Rural,Areas. Property, described as Tax Map 46, Parcel 22 (part) is located on the south side of Rt. 643 /44 May 22, 1990 Page 10 approximately one mile east of Rt. 29 in the Rivanna Magisterial District. Deferred faz m the May 15, 1990 Planning Commission Meeting. Mr. Fritz presented the staff report. Staff recommended denial. The report stated: "Due to the proposed scale of development staff opinion is that this use is not in harmony with the character of the district. ... This site is located in the Rural Areas which are not recommended to receive urban scale development in accordance with the Comprehensive Plan. A use of this size would be more appropriate in the Urban Area/Hollymead where adequate public utilities are available. ... Staff has reviewed this request for compliance with Section 31.2.4.1 of the zoning Ordinance and is of the opinion that this request is inconsistent with the purpose and intent of the Zoning Ordinance and that the character of the district will be changed." In response to Ms. Huckle's question about parking areas, Mr. Fritz explained that no portion of the church property is in the floodplain. Ms. Huckle expressed concern about the property's close proximity to the river and asked whether or not th0re was sufficient room between the property and the river for adequate seeding. Mr. Fritz responded that staff had not reviewed this issue because it would be dealt with the time of site review. He noted that staff was not requesting administrative approval of the proposal. Mr. Fritz estimated the distance between the site and the river to be approximately 500 to 600 feet. Mr. Cilimberg noted for comparison that the Chesapeake Bay regulations require a 100 foot undisturbed buffer as being sufficient for protecting streams in the Bay region. The Chairman invited applicant comment. Several representativesof the applicant addressed the Commission: Mr. Tom Forloines; Mr. Ken Stogard; Mr. Jerry Steel; and Mr. Harold Bear, Pastor. Significant comments included the following: --Mr. Forloines explained some of the history of the zoning of the property. --The proposed site is not really in the rural area because it is surrounded by development (Hollymead, Forest Lakes) . --The existence of the church cannot change the character of the area since the only thing which it will be visible to is the Sheraton. h nt� May 22, 1990 Page 11 --Why would it be desirable to have the church in an urban neighborhood where it could "dump" a lot of traffic into the heart of a subdivision? --Soil tests show that 18 of the 20 tests performed were good. Mr. Bear presented letters from the Health Department confirming there is adequate area for both a primary and secondary drainfield. --The residue is not owned by the Church. --The proposed Meadowcreek Parkway alignment which crosses this property crosses only one small edge and should not hinder the development of the church. --There is no opposition to the construction of a commercial entrance. --The church could not conceivably present a detriment to adjacent property, much less a "substantial" detriment as stated in the staff report, and would be an asset to any community. --To deny the request because of the anticipation of its future size would be a dangerous percedent to establish. --The church is growing so rapidly that a move is necessary. --It is a difficult to find a ten -acre site in Albemarle County which is cost effective. --If the request is denied, can it be assumed the County is taking the position of: (1) Telling churches where they can locate; (2) Telling churches how large they should be; and (3) Encouraging non-profit, tax-emempt organizations to take some of the most valuable land off the tax rolls? (The church is purchasing this property for $25,000/acre and property in the designated urban area/Hollymead would cost between $150,000 and $457,000/acre.) --None of the property is in the floodplain; all the site is usable. --The soil has been determined to be acceptable for construction. --The proposed site of the church was chosen so as to ensure that no house or road could be constructed in front of the church because of the location of the floodplain. --The architecture of the buildings will be "friendly" to a rural setting. --No construction will take place on the high point of the property (the knoll). ---The existing 1936 home on the property will remain. --Lambs Road Baptist Church was built on 5 acres of land in an RA zone with approval for 175 parking spaces and 500 seats. Broadus Memorial Church was approved in October, 1989, for 500 seats in an RA zone. --No church has ever been turned down on the basis of its proposed size. a20/ May 22, 1990 Page 12 --The septic line that runs north was predicated in its early history based on the growth area. --The applicant notified adjacent property owners of the proposal and no opposition has been expressed. --The land will not remain agricultural or forestal because of its value. The Chairman invited public comment. Mr. F.A. Iachetta, adjacent property owner, addressed the Commission. He expressed no objection to the church but stated he was concerned about the plans for the residue. He noted that the site is isolated by a 100-year flood. The applicant was allowed final comment. Mr. Bear stressed that the staff had not "established a substantial detriment to adjacent property." He pointed out that if that was the case there would be adjoining property owners expressing their opposition. He stressed that no agricultural or forestal activity was taking place on the property now, nor is there any indication that any substantial agricultural activity has taken place on the property for many years. There being no further public or applicant comment, the matter was placed before the Commission. In response to Mr. Wilkerson's questions, Mr. Bear stated the church had no plans to offer child care. Mr. Fritz noted that staff had researched the records of every church approved in both the rural and urban area since the adoption of the Zoning Ordinance and found the average size to be 227 seats. Ms. Huckle asked if approval of this request would set any sort of precedent for the use of the 75 acre residue. Mr. Bowling noted that churches are allowed, by special permit, in the RA zone. Mr. Cilimberg stated that the development of the remainder of the property would be a "separate legislative decision." Mr. Bowling added: "It would allow the property as it exists now to develop under the RA zoning with whatever it's entitled to. A rezoning would be a whole new issue which you would have to address at that time." Mr. Johnson stated he felt the Commission would be "completely remiss to evaluate a request like this purely on the basis of size. ... On the alternative, we should look at the church and recognize their foresight in obtaining this site as a site they can afford. It is relatively in the center of urban development and to get that at a price they can afford now is quite an accomplishment." �n May 22, 1990 Page 13 Mr. Wilkerson stated that his only concern had been the issue of day care and the church has indicated that is not their intention. He also stated that the service hours described by Mr. Bear (Sunday morning and evening and Wednesday evening) would not detract from the rural aspect of the area. Mr. Wilkerson moved that SP-90-35 for Covenant Church of God be recommended to the Board of Supervisors for approval subject to the following conditions: 1. Church is limited to 800 seats; 2. Approval is for worship and church related activities only. Day care or other usage shall require amendment of this special use permit; 3. Health Department approval shall be obtained prior to review of the site plan by the Planning Commission; 4. Virginia Department of Transportation approval of commercial entrance prior to review of the site plan by the Planning Commission; 5. Site plan to be reviewed by the Planning Commission; 6. Property shall be limited to a joint entrance serving the church and residue acreage. A joint access easement shall be shown and reserved for dedication upon request of the County; 7. Staff approval of maintenance agreement. Maintenance agreement shall require that the church be solely responsible for the portion of road used by the church and the residue acreage. Mr. Johnson seconded the motion. Discussion: Mr. Rittenhouse noted that he did not think staff's recommendation was based on size, but rather on intensity of use. He noted that the nature of a church makes its traffic generation somewhat different because services are held at low traffic times and therefore have less adverse impact. He concluded he would support the motion. The previously stated motion for approval passed unanimously. May 22, 1990 Page 14 Blue Ridge Shopping Center Preliminary Site Plan Extension Request - Mr. Fritz explained that the applicant had requested that this item not be heard at this time in order to allow the applicant time to alert the public of the extension request. Rural Development and Watershed Protection Report - Mr. Blake Hurt presented a report compiled by the Albemarle Planning Task Force on rural development and watershed protection. He explained that this organization was created in order to study important topics effecting land use. He stressed that it was the organization's goal "not to lobby for a certain policy, but to make sure that everyone understands the topics." Ms. Huckle expressed an interest in Mr. Hurt's statement that the Soil -Loss Equation was faulty. She noted that other groups have been saying this for years and the equation was originally developed for agricultural land and was not applicable for developed land. The Commission offered no other comment. There being no further busines, the meeting adjourned at 10:15 p.m. DS 64