HomeMy WebLinkAbout10 24 89 PC MinutesOctober 24, 1989
The Albemarle County Planning Commission held a public hearing on Tuesday,
October 24, 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; Mr. Harry Wilkerson;
Ms. Norma Diehl; Mr. Tim Michel; and Mr. Peter Stark. Other officials
present were: Mr. Ronald Keeler, Chief of Planning; Mr. Rich Tarbell,
Planner; Mr. Bill Fritz, 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 October 10, 1989 were approved
as submitted.
Riverrun Phases 3, 4 & 5B Preliminary Site Plan - Proposal to construct
178 townhouse and condominium units to be served by 356 parking spaces.
Access to the site will be from Riverrun Drive, off of Pen Park Road.
The total area of the site is approximately 29 acres. Zoned R-6, Residential.
Property, located off of Riverrun Drive in the Riverrun Development,
adjacent to Pen Park. Tax Map 62, Parcel 17A. Rivanna Magisterial District.
Deferred from September 26, 1989 Planning Commission Meeting.
Mr. Tarbell gave a brief update of the status of the proposal. He
explained that the applicant had revised the site plan for Phase 4
to address the critical slopes issue and "as a result of these revisions,
there are no buildings proposed on critical slopes in Phase 4." Staff
recommended approval subject to conditions.
Mr. Stark asked why a "strip" which appeared on the first drawing was
not shown on the second drawing. Mr. Tarbell explained the difference was
the result of the applicant having performed a field check which is more
accurate than the topo on which the first drawing had been based. Mr.
Stark felt the Commission had been given "erroneous" data the first time,
and that it was unusual that the site was "steep right up to the edge
and then it becomes O.K." Mr. Gercke, the applicant, explained: "It's
not by happenstance that that occurs. It's precisely because the footprints
were altered in size from the original submittal and relocated from the
original submittal in order precisely to avoid the 25% slopes."
The Chairman asked if the applicant had further comment. Mr. Gloeckner,
representing the applicant also, offered little additional comment except
to confirm that the density had remained the same.
There being no public comment, the matter was placed before the Commission.
Mr. Michel noted that the applicant had made a real effort to address
the Commission's concerns about critical slopes by shifting the buildings
around and redesigning them. He added he was prepared to rely on Mr.
Gloeckner's data.
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Mr. Bowerman stated: "I would think that when the topography was field
checked the footprint would closely align itself with the buildable area
as possible to maximize the building location and I am fully confident
that the work that was done is.satisfactory for staff's purposes and my
purposes."
Ir. Stark agreed, but added that he would have preferred that staff
have checked this issue themselves. Mr. Keeler pointed out that staff
does not make this type of field check. (He could recall only one instance
where staff had actually gone out in the field to resolve a question of
slopes and that had been a case where there were two separate submittals
and the soil scientist had determined different slopes than the surveyor.)
Mr. Tarbell added that he had checked the applicant's delineation of the
critical slopes on the site plan, but staff takes the surveyor's word
(seal) that the plan is accurate.
Ms. Diehl moved that the Riverrun Phases 3, 4 and 5B Preliminary Site Plan
be approved subject to the following conditions:
1. A building permit will not be issued until the following conditions.
are met:
a.. Department of Engineering approval of grading and drainage plans
and calculations;
b. Department of Engineering approval of private road plans and
calculations;
c. Department of Engineering approval of stormwater detention plans
and calculations;
d. Department of Engineering issuance of an erosion control permit;
e. Department of Engineering approval of all required on -site and
off -site drainage easement plats;
f. Virginia Department of Transportation approval of right-of-way
improvements and issuance of a commercial entrance permit;
g. Acceptance of Riverrun Drive into the State secondary road system
before theplat for the final phase of development is signed.
2. A certificate of occupancy will not be issued until the following condi-
tions are met:
a. Planning staff approval of subdivision plat;
b. Fire official final approval.
3. Administrative approval of final site plan.
?1r. Wilkerson seconded the motion which passed unanimously.
SDP-89-071 Ivy Commons Preliminary Site Plan - Proposal to locate 10,345 feet
of commercial space to be comprised of two existing buildings on 1.594
acres to be served by bl parking spaces. Property, described as Tax Map
58, Parcel 84E and Tax Map 58A2, Parcel 2C, is located on the north side
of Rt. 250 adjacent to Duner's. Zoned C-1, Commercial in the Samuel
!Miller Magisterial District.
(Note: Mr. Michel excused himself from the meeting due to a conflict of
interests.)
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October 24, 1989
Page 3
Mr. Tarbell presented the staff report, including a set of amended
conditions of approval. Staff recommended approval of the two waivers
requested by the applicant, and approval of the proposal, subject to
conditions.
The applicant requested waiver of the following two sections:
Section 21.7.3 - To allow construction activity, including
grading or clearing of vegetation closer than 20 feet to
a residential or rural areas district.
Staff commented: "Staff recommends approval of this request
...as the applicant has demonstrated that adequate buffering
exists as a result of the change in elevation and the existing
vegetation."
Section 4.12.6.3(b) - To .increase the maximum grade allowable
for parking spaces, loading spaces and access aisles to 10%.
Staff commented: "Staff recommends approval of this waiver
as the applicant has demonstrated an ability to preserve.the
aesthetic resource of the existing landscaping while providing safe
and convenient parking."
Mr. Tarbell explained that the revised conditions of approval had
been the result of the Health Department's concern about possible
future uses. He stated that the existing possible uses are
either Commercial Office or Commercial Retail and the Health
Department has no concern about those uses.
There was a brief discussion about the elevation of the buildings
and the difference between the north and south end. Mr. Rick Funk,
representing the applicant, explained that the grade has not
been disturbed and the buildings' elevations are "level."
Mr. Rittenhouse noted that the comments from the Engineering Department
had made reference to the fact that the applicant had not addressed the
issue of whether the proposed runoff control pond would be designed to
accommodate potential future development on Tax Map 58, Parcel 84A, as
had been recommended at site review. Mr. Tarbell confirmed this
would be reviewed again at final site plan approval. He added that
this was not required for the approval of this site plan.
There was a brief discussion about the availability of public sewer.
Mr. Tarbell explained that public sewer was 2,100 feet from the property.
Mr. Funk read the following statement from the applicant (dated October 13,
1989): "As we discussed, Mr. Gooch has found two septic field sites
suitable to handle 750 gallons per day. The soil and perc tests are in
your possession. Based on their capacity and the Health Department's
average criteria of 25 gallons/day/person, the Ivy Commons Partnership
will limit the occupancy of the users of the fields to no more than
30 persons/day. This is more than adequate. In our discussions we further
agreed to the following ---no public toilet facilities and no restaurants
or other heavy water users."
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October 24, 1989
Page 4
Mr. Funk offered no additional comment on behalf of the applicant.
There being no public comment, the matter was placed before the
Commission.
M.r. Stark moved that the Ivy Commons Preliminary Site Plan be approved
subject to the following conditions:
1. The final site plan will not be signed until the following conditions
are met:
a. Department of Engineering approval of grading and drainage plans
and calculations;
b. Department of Engineering issuance of an erosion control permit;
c. Department of Engineering issuance of a runoff control permit;
d. Virginia Department of Transportation approval of right-of-way
improvements and issuance of a commercial entrance permit;
e. Planning staff approval of the landscape plan:
2. A certificate of occupancy will not be issued until the following.
condition is met:
a. Fire Officer final approval.
3. A certificate of occupancy and future zoning clearances will not be
issued until the following condition is :net:
a. Health Department approval.
4. Administrative approval of the final site plan.
Mr. Wilkerson seconded the motion which passed unanimously.
(Mr..Michel returned to the meetiag.)
Price Chevrolet Major Site Plan amendment - Proposal to construct an
additional 2,000 square foot display area ar- the existing Price Chevrolet
Site. Property, described as Tax Map 45, Parcel 68, is located on the
west side of Route 29 approximately one ;Wile south of Rivanna River.
The site is zoned HC, Highway Cormercial in the Charlottesville Magisterial
District.
Mr. Fritz presented the staff report. Staff recommended approval subject
to one condition. AIr. Fritz pointed out thatthesite will have no
additional grading or impervious cover, therefore an amended stormwater
detention plan is not required. He also noted that the site is still
quite distant from public sewer and continues to be served by a private
septic system.; however, he advised that a significant increase in the
number of employees may 'r e s u.1 t in the need to connect to public
sewer. He noted there is currently no plan to increase the number of
employees.
The applicant was represented by his. Terry Nauss. She offered no
additional comment.
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October 24, 1989 Page 5
There being no public comment, the matter was placed before the Commission.
Mr. Wilkerson moved that the Price Chevrolet Major Site Plan Amendment
be approved subject to the following condition:
1. Provide a curb cut, or other measure, for handicap access to the
building entrance.
Mr. Jenkins seconded the motion which passed unanimously.
Anna Askew Subdivision Ordinance Waiver - The applicant requests a waiver
of the Subdivision Ordinance in accordance with Section 18-3.b to allow a
family division of 14 acres from two existing parcels of 182 and 166 acres.
Property, described as Tax Map 50, Parcels 3 and 46, is located on the
west side of.Rt. 231 approximately one mile north of its intersection with
Rt. 640. Zoned RA, Rural Areas in the Rivanna Magisterial District.
Mr. Tarbell presented the staff report The report explained that staff
felt the transfer of this property could have taken place in accordance
with Section 18-57 if the death of the applicant's mother had not
prevented her from being a part of the existing deed. The report concluded:
"Staff is of the opinion that the applicant's intention of 'preserving
property meaningful to the family' is sincere as the land has been in the
family since 1899. Staff believes this applicant's family situation and
history constitutes an unusual condition for which a waiver of the
Subdivision Ordinance can be justified. Staff also believes this
waiver request is consistent with the spirit of the Subdivision Ordinance
as a family division."
Mr. Keeler repeated that staff feels this is a "peculiar circumstance."
The Chairman invited applicant comment.
Ms. Askew was present. She explained that she has resided on the land
for the past eight years and also spent her childhood there.
There being no public comment, the matter was placed before the Commission.
Mr. Jenkins moved that the Anna Askew Subdivision Ordinance Waiver
be approved.
Mr. Rittenhouse seconded the motion which passed unanimously.
OLD BUSINESS
Applicant Presentations - This matter had been discussed at the October 17th
meeting. Pursuant to that discussion:
Mr. Jenkins moved that staff be requested to advise applicants that a lengthy
presentation is not essential for the resolution of their application.
(Mr. Bowling confirmed this was an acceptable motion.)
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October 24, 1989 Page 6.
Mr. Wilkerson seconded the motion which passed unanimously.
NEW BUS UZESS
Tree Cover - M.r. Fritz presented a brief "information only" report
on recent revisions to the Code of Girginia.which has caused staff
to look at the Landscape Ordinance in order to determine "how we are doing
in terms of enabling legislation." His comments dealt primarily with
tree cover. He stated staff has been making calculations in regard
to potential cover for different species at various stages of maturity.
No amendments were proposed at this time and no action.was required of
the Commission.
There being no further business, the meeting adjourned at 8:30 p.m.
DS