HomeMy WebLinkAbout04 11 89 PC MinutesApril 11, 1989
The Albemarle County Planning Commission held a public hearing on Tuesday,
April 11, 1989, Meeting Room 7, County Office Building, Charlottesville,
Virginia. Those members present were: Mr. David Bowerman, Chairman; Mr.
Keith Rittenhouse, Vice Chairman; Mr. Tom Jenkins; Ms. Norma Diehl; and
Mr. Tim Michel. Other officials present were: Mr. John Horne, Director
of Planning and Community Development; Mr. Bill Fritz, Planner; and Mr.
George St. John, County Attorney. Absent: Commissioners Stark and
Wilkerson.
The Chairman called the meeting to order at 7:30 p.m. and established that
a quorum was present. The minutes of March 28, 1989 were approved as
submitted.
Thomas Tire Center - Proposal to locate a 6,413 square foot tire facility on
one acre. Thirty-three parking spaces are to serve this development, access
is to be from U.S. Rt. 29N. Property, located on the west side of Rt. 29,
just north of Berkmar Drive. Zoned EC, Highway Commercial. Tax Map 61,
Parcels 120X and 120Y. Charlottesville Magisterial District.
Mr. Fritz presented the staff report. Staff recommended approval subject
to conditions.
The request included a request for a waiver of Section 4.2.3.2 of the
Zoning Ordinance in order to allow construction on critical slopes.
The applicant's justification for the waiver was as follows: (1) Elimination
of a public eyesore; (2) Improvement of the urban drainage system; and
(3) To provide a "missing link" in the third lane of U.S. Rt. 29 from
Rio Road to Berkmar Drive. Staff agreed with this justification.
There was a brief discussion about the source of the water which has
always been present on the site. Staff was uncertain as to the water
source. Mr. Bowerman commented that he had never seen the site dry.
The applicant was represented by Ms. Susan Riddle, a Civil Engineer with
McKee/Carson. Regarding the issue of the water on the site, Ms. Riddle
explained that the Soil Scientist has not yet determined if there is
a water source on the site, such as a spring. She explained that some
of the soils will be replaced and at that time any area that is
inundated with water will be backfilled with gravel and have sub -surface
outlet drainage. Regarding the stream which exists on the site, she
explained it would be piped and diverted.
There being no public comment, the matter was placed before the
Commission.
Mr. Rittenhouse noted that he agreed with staff's analysis of the application.
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April 11, 1989
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M.r. Bowerman referred to the site as an eyesore and stated he could see no
public benefit to be derived from not granting the waiver. He stated he
concurred with the applicant's analysis and the staff's recommendation.
Ms. Diehl disagreed that the site was a public eyesore. She referred to
it as a wetlands.
Mr. ylichel stated he agreed with Mr. Bowerman's comments.
Mr. Michel moved that the Thomas Tire Center preliminary site plan be approved
subject to the following conditions:
1. The 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 approval of slope stabilization methods:
d. Department of Engineering issuance of an erosion control permit;
e. Virginia Department of Transportation approval of right-of-way im-
provements and issuance of a commercial entrance permit;
f. Planning Department approval of landscape plan;
g. Albemarle County Service Authority approval of final water and
sewer plans.to include water meter relocation;
h. Staff approval of off -site easements;
i. Approval by staff of plat combining parcels 120X and 120Y.
2. Administrative approval of final site plan.
3. A building permit will not be issued until the following condition has
been met:
a. Contribution of $7,255 for the stormwater control provided by the
County's Berkmar Detention Basin.
4. A certificate of occupancy will not be issued until the following condition
has been met:
a. Fire Officer final approval.
Mr. Rittenhouse seconded the motion which passed unanimously.
STA-89-1 - An amendment to Chapter 18 (Subdivision of Land) of the Code of
Albemarle to amend and readopt Article IV, Section 18-43 Fees. This amendment
will adjust the fees associated with the filing of subdivision plats for review
and approval.
Nr. Horne presented the staff report. The report explained the public purpose
to be served by the proposed amendments (STA-89-1, ZTA-89-01 and ZTA-89-02)
is "to more fully all,ow.for the payment of costs associated with plan review."
It was determined there was no public comment on any of the proposed amendments.
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April 11, 1989
Page 3
After a brief discussion and one minor amendment, Ms. Diehl moved, seconded
by Mr. Michel, that STA-89-1 to amend Chapter 18 (Subdivision of Land) of the
Code of Albemarle and to amend and readopt Article IV, Section 18-43, be
recommended to the Board of Supervisors for approval as follows:
Section 18-43. Fees.
A. Preliminary Plat - The subdivider shall pay a fee at
the time when the preliminary or final plat is filed. Such
fee shall be in the form of cash or a check payable to the
"County of Albemarle, Virginia," the amount thereof to be
determined in accordance with the following schedule:
(1) 3 lots or less $65
(2) 4 lots or more $260 plus $1 per lot
(3) Each filing of a preliminary plat, whether or not a
preliminary plat for the same property has been
filed previously, shall be subject to the same
requirements.
B. Final Plat:
1) Planning Commission approval $390 plus $1 per lot
2) Administrative approval $30
including family divisions
3) Exempt Plat $15
4) Condominium Plat
$65
5) in addition to the foregoing, in the case of any
plat on which is shown any road to be dedicated to
Public use, or any private road, the subdivider shall
pay to the County a fee equal to the cost of the
inspection of the construction of such road. Such fee
shall be paid upon completion of all necessary
inspections, and shall be deemed a part of the cost of
construction of such road for purposes of Section
18-19.
(C) Waiver request of Subdivision $65
Requirement
The motion passed unanimously.
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April 11, 1989
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ZTA-89-01 - An amendment to the Albemarle County Zoning Ordinance, Article. IV,
Section 35.0 Fees. This amendment will adjust the fees associated with
the filing of special use permits, zoning text amendments, zoning map
amendments, variances, site development plans, waiver requests, and requests
for relief from approval conditions for review and approval.
After a brief discussion and two minor amendments, sir. Michel moved,
seconded by Mr. Jenkins, that ZTA-89-01, to amend the Albemarle County Zoning
Ordinance, Article IV, Section 35.0 Fees, be recommended to the Board of
Supervisors for approval as follows:
35.0 FEES
Except as herein otherwise provided, every application made
to the Zoning Administrator, the Commission, or the Board of
Supervisors shall be accompanied by a fee as set forth
hereinafter, to defray the cost of processing such
application.
(A) For a special use permit:
1.
Mobile home and home occupation
$25
2.
Rural area divisions
$165
3.
Commercial use
$165
4.
Industrial use
$165
5.
Private club/recreational facility
$165
6.
Mobile home park or subdivision
$165
7.
-Public utilities
$130
8.
All other uses
$100
(B) For
amendment to text of zoning ordinance
$65
(C) For
amendment to zoning map
$165
plus
$1 per
acre
1.
Planned Developments
$520
plus
$1 per
acre
(D) 1.
For request for a variance to the Board
$65
of Zoning Appeals
2. For other appeals to the Board of Zoning $25
Appeals
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April 11, 1989 Page 5
(E) 1. For preliminary site development plan $520
2. For final site development plan - $260
Administrative approval
3. For final site development plan -
Planning Commission review,
(a) Prior_to preliminary plan approval $720
(b) After preliminary plan approval $300
4. For site development plan waiver $130
5. For site development plan amendment:
(a) Minor -alterations to parking, $30
circulation, building size, location
(b) Major - Commission review. $130
(F) For relief from a condition of approval $65
from Commission or landscape waiver by
Agent
The motion passed unanimously.
ZTA-89-02 - An amendment to the Albemarle County Zoning Ordinance, Article II,
Section 4.15.4.1 Sign Permits. This amendment will adjust the fee associated
with the filing of sign permits for review and approval.
After a brief discussion, Mr. Rittenhouse moved, seconded by Mr. Jenkins,
that ZTA-89-02, to amend the Albemarle County Zoning Ordinance, Article II,
Section 4.15.4.1 Sign Permits, be recommended to the Board of Supervisors for
approval as follows:
Article II, Section 4.15,4.1
4.15.4.1 Sign Permits
No person shall erect or cause to be erected any
sign, except auction and temporary event signs, in
excess of five (5) square feet in area unless and
until a permit therefor shall have been obtained
from the Zoning Administrator. Such permit shall
be issued upon the payment of a fee in the amount
of twenty dollars ($20.00) to cover the cost
incident to the issuance of such permit and upon a
finding by the Zoning Administrator that the
proposed sign conforma to the requirements of this
ordinance.
The motion passed unanimously.
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April 11, 1989
Page b
Mill Creek - Phase lI - Request for Administrative Approval of Final Plats -
Mr. Fritz briefly explained the request. He stated that ZMA-87-22 for
Reynovia Land Trust had been approved March 8, 1988 and at that time
staff had failed to request administrative approval of future subdivision
plats. (He felt this had simply been an oversite.) He stated the
staff was now requesting administrative approval of the subdivision plats
for the various phases of ?Mill Creek, Phase II.
y1r. Horne added that staff feels it would be administratively more efficient to
approve the plats administratively since the basic road plan and layout
of the lots was very similar to what the Commission had seen in detail.
He added: "If there is any significant deviation at all from the road
pattern that you see on the application plan, we would bring that plat back
to you to explain the reason for the changes."
Mr. Horne confirmed staff was making this request for reasons of administration.
Mr. Jenkins moved that staff be granted administrative.approval of the final
plats for Mill Creek, Phase II.
Mr. Michel seconded the motion.
Discussion:
There followed a brief discussion about whether or not some of the multi-
family buildings had been moved. The Commission compared the recent plat
with an earlier one. Staff suggested that if this was a concern the staff
could bring Phase 1 back to the'Commission with administrative approval being
granted for the other phases. Mr. Fritz noted that the Phase 1 plan had
been submitted. Ms. Diehl expressed concern about the tray one of the.
multi -family buildings was enfringing on. 25% slopes. Mr. Fritz noted
that this would show up when the site plan was submitted. fir. Michell
expressed interest in whether the adjacent property (Heavenly Holding
Corp.) was aware that multi -family buildings had been moved close to their
property line.
Mr. Bowerman asked that if staff was not comfortable with "the way this is
working out once some detail is put on it" then they will bring it back
to the Commission. He noted this would be the case any ti:ae staff is
granted administrative approval. Staff confirmed this understanding.
The previously -stated motion to grant staff administrative approval passed
unanimously.
Miscellaneous:
Mr. Bowerman called the Commission's attention to an upcoming CIP Work Session.
fir. Bowerman noted that Mr. Lindstrom's Rural Development class would make.a brief
presentation to the Commission on May 99 1989.
There being no further business, the m g ad'ourned at :15. P.M.
John Horne, Secretary
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