HomeMy WebLinkAbout03 01 88 PC MinutesMarch 1, 1988
The Albemarle County Planning Commission held a public hearing on
Tuesday, March 1, 1988, Meeting Room 7, County Office Building,
Charlottesville, VA. Those members present were: Mr. David Bowerman,
Chairman; Mr. Tom Jenkins; Mr. Harry Wilkerson; Ms. Norma Diehl; Mr.
Tim Michel; and Mr. Peter Stark. Other officials present were:
Mr. John Horne, Director of Planning and Community Development;
Mr. Wayne Cilimberg, Chief of Community Development; Ms. Amelia
Patterson, Planner; Mr. John Pullen, Planner; and Mr. George St.
John, County Attorney. Absent: Commissioner Gould.
The Chairman called the meeting to order at 7:30 p.m. and established
that a quorum was present.
Red Acres Final Plat - Proposal to divide t 14 lots; four lots are a
minimum of 21 acres each, and 10 lots range from 6.0 to 12.8 acres.
The lots are to be served by a public road. Zoned RA, Rural Areas.
Property, located on the east side of Rt. 677 (Ballard Road) approximately
1.5 miles south of Rt. 676, north of Rt. 250W. Tax Map 59, Parcels 18D,
27A, 27B, 28, and 28C. Samuel Miller Magisterial District.
Ms. Patterson gave the staff report.. She made the following corrections
to the suggested conditions of approval:
1(a): "...drainage plans revised to include eemmerelal-enevsnee-te
street intersection for 50 foot easement;"
l(b): "...drainage plans revised to include eemmere+e-l-entwenee-te
street intersection for 50 foot access easement;"
l(f): "...consistent with Section 32-S 32.7.9.8 of the Albemarle...."
Staff recommended approval subject to conditions.
In addition to the staff report, Ms. Patterson read portions of a letter
from Ms. Cynthia Chandler, an adjacent property owner, who expressed
concerns regarding buffering her property from the proposed access road.
The Chairman invited applicant comment.
Mr. Ethan Miller, representing the applicant, addressed the Commission.
He explained the difference between the existing access easement and
the proposed future right-of-way. He stated the existing farm road
would remain. He also explained that Ms. Chandler, an adjacent property
owner, had written to him with a proposal to replace the existing fence
line which runs between the applicant's property and the Chandler
property and had requested that. the applicant share the cost of this
fence. He felt it was absurd that Ms. Chandler expressed concern about
existing screening remaining intact and then proposing to "rip the
whole thing down and put up a new fence." He stated the applicant intended
to be reasonable about the matter but he questioned if Ms. Chandler
would be reasonable.
IV
March 1, 1988
Page 2
The Chairman invited public comment.
Ms. Cynthia Chandler,.an adjacent property owner, addressed the Commission.
She stated she had not proposed that the entire fence be replaced, but
rather that the portion which needed to be replaced. She said she
has since errected a new fence along the access road. She stated
that much of the existing screening is inadequate and felt that the
applicant was misrepresenting this issue.
There being no further comment, the matter was placed before the Commission.
Mr. Stark asked Ms. Patterson to comment on the density of the existing
vegetation. Ms. Patterson stated that.mature cedars.provide some .
screen -but there are "gaps" so the screening will have to be supplemented
in order to meet the requirements of. the ordinance.
Mr. Bowerman stated that the current Comprehensive Plan guidelines for
the impact of residential on agricultural land are such that agricultural
uses are favored over residential uses in.the rural areas.. He felt
that by reasonable application of the provisions of the ordinance an
arrangement could be arrived at which will protect the agricultural
use and still be reasonable to the applicant.
Ms. Diehl moved that the -Red Acres Final Plat beapproved subject to the
following conditions:
1. The final plat will not be 'signed until the following conditions
have been met:
a. The Virginia Department'of Transportation approval of public
road and drainage plans revised to include street intersection
for 50 foot access easement;
b. County Engineer approval of public road -and drainage plans
revised to include street intersection for 50 foot access easement;
c. County Engineer approval of private road plans for 50 foot
access easement;
d. Issuance of an erosion control permit;
e. County Attorney approval of maintenance agreement for the 50
foot access easement;.
f. Planning approval of note on plat providing maintenance and/or
tAa-getative screening consistent with Section 32.7.9.8 of the
Albemarle County Zoning Ordinance to the reasonable satisfaction
of Planning staff in area to the north and west of the proposed
entrance roads between Ballard Road and creek on parcel 27B;
g. Planning staff approval of notes to plat to include language
for future dedication of right-of-way serving lots 1, 2 and
parcel 18D.
2. Prior to construction of the proposed pond, County Engineer approval
of dam design shall be required.
/55
March 1, 1988 Page 3
Mr. Wilkerson seconded the motion which passed unanimously.
SP-88-1 Colonial Baptist Church - Request in accordance with Section
10.2.2(35) of the Zoning Ordinance to issue a special use permit to
allow for a church facility on property zoned RA, Rural Areas. Property,
described as Tax Map 94, Parcel 46 and part of parcel 42 is located
on the north side of Rt. 250, approximately one mile west of its in-
tersection with St. Rt. 616 at Boyd Tavern. Rivanna Magisterial District.
Mr. Pullen gave the staff report. Staff recommended approval subject
to conditions.
The Chairman invited applicant comment.
The applicant was represented by Mr. Ed Leake; Paster of the Church. He
offered no significant additional comment.
There being no public comment, the matter was placed before the Commission.
Mr. Michel stated he agreed with staff that the Virginia Department of
Transportation's recommendation for a 200 ft. x 200 ft. turn and taper
lane was excessive for the proposed use, taking into consideration
the traffic generation in relation to the proposed use, and the fact
that most of this site's traffic will be generated during off-peak
hours.
Mr. Michel moved that SP-88-1 for Colonial Baptist Church be recommended
to the Board of Supervisors for approval subject to the following conditions:
1. Area of assembly shall be limited to 2,500 square feet;
2. Sanctuary and classroom expansion, or day care and other non -
worship uses will require amendment to this petition;
3. Administrative approval of the site plan after review by the Site
Review Committee;
4. Construction of a 150 foot long, 12 foot wide right turn lane with a 50
foot long taper lane.
Ms. Diehl seconded the motion which passed unanimously.
The matter was to be heard by the Board on March 16, 1988.
The Chairman announced that the next two agenda items would be heard
together.
CPA-88-1 Scottsville School - Request to amend the Albemarle County
Comprehensive Plan 1982-2002, Map 15: Village of Scottsville Land Use
Plan, with respect to the use of the 0ld Scottsville School Building. The
proposal is to amend the land use from institutional to medium density
residential in order to coincide with a similar rezoning request for
190
March 1, 1988 Page 4
R-10 residential density (R-10 = ten dwelling units per acre). The
property is located on Rt. 1301 in the Village of Scottsville. The
main building is presently not used, however, the gym is
used by the Parks & Recreation program. Tax Map 130A(2), Parcels 76
and 76A, and Tax Map 130, a portion of parcel 81A. Scottsville
Magisterial District.
Mr. Cilimberg gave the staff report for this item. Staff recommended
approval.
kND
ZMA-88-2 Jordan Development Corporation - Request in accordance with
Section 33.2.1 of the Zoning Ordinance to.rezone a 5-acre parcel from
VR, Village Residential to R-1 0, Residential to allow for the rehabilitation
of the former school building into housing facilities for lore joderate
income elderly. Property, described as Tax Map 130A (2) , Parcels 76
and- 76A is located adjacent and on the west side of the Town of Scottsville
and St. Rt. 1301. Scottsville Magisterial District.
Mr. Horne gave the staff report for this item. Staff recommended approval
subject to the proffers of the applicant.
Mr. Horne called the Commission's attention to a letter from the Town.
of Scottsville which referenced .a resolution.of opposition to the
rezoning petition.
The Chairman invited applicant comment.
Mr. Nicholas Munger, representing the Jordan Development Corporation
addressed the Commission. He offered the following additional proffer
to be added to the three already proposed by the applicant:
"The petitioner will not use the property for any of the
uses allowed under R-10 zoning prior to the satisfaction
of all terms, conditions, and contingencies set forth
in the contract dated January 13, 1988 between Jordan
Development Corporation and the County of Albemarle."
Mr. Munger used the County Office Building as an example of a re -use of
an existing structure. He introduced :sir. Dan deBettencort, architect for
the project.
Mr. deBettencort gave a history of the building and explained what was
planned for its rennovation. He also discussed the structural stability
of the building and its appropriatness for public housing.
Mr. Munger again addressed the Commission and presented a petition
of support for the project containing 215 signatures from Scottsville
area residents. tiir. 111unger.introduced the members of the -Jordan Devel-
opment Corporation who were present at the meeting.
/ 9/
March 1, 1988
Page 5
The Chairman invited public comment.
Mr. Jesse Grove, attorney for the Town of Scottsville, addressed the
Commission. He stated that the Town of Scottsville, the Town Council
and the residents immediately surrounding the proposed project, were
very much opposed to the proposal. He stated the project was contrary
to town zoning which was designed to protect this particular residential
area, which is the best residential area in the town, and it also
contains the best historic homes. He felt property values would decrease
as a result of the proposed project. He pointed out that it is not
yet known whether the levee will work. He felt the town did not have
facilities to care for the elderly because it is 20 miles to the
hospital and there are no doctors in town.
Mr. Tom Bruce, a resident of Scottsville and a member of the Town
Council, addressed the Commission. He expressed concern about the
possibility that flood insurance might be cancelled for the town.
He stated: "That's the direction in which the Planning Department is
taking us." He pointed out that the building in question is in the
Flood Hazard Overlay District and the restrictions on development of anything
in.the Overlay District prevent any rehabilitation of the building for
human habitation as long as it remains in the District. He -called the
Commission's attention to the fact that Mr. Horne had written to the
Federal Emergency Management Agency (December 21, 1987) to request
that the area within the floodwall in the Town of Scottsville and
Albemarle County which is now in the floodplain be studied to see if
a Flood Insurance Rate Map RevisiorrAWUde. He felt this was premature
since. the floodwall is several months away from completion and its
effectiveness is unknown. He stated that the residents of the town
want to be sure that the effectiveness of the levee is tested before
the availability of flood insurance is taken away. He stated that
though Mr. Horne had told him that the request just involved the
building itself, it was difficult to imagine that the Federal
government would remove just the school building from the floodplain
without effecting the commercial property in downtown Scottsville.
Mr. Bruce was under the impression that if the floodplain designation
is removed from the Town of Scottsville, flood insurance will no
longer be available. He presented a petition containing 42 signatures
which requested that no change be made in the floodplain. He felt
that any action to change the Comprehensive Plan or zoning was pre-
mature until the County has removed the building from the floodplain
and the Flood Hazard Overlay District.
Mr. Ed.Jones, Vice Chairman for the Jefferson Area Board for the Aged,
read a resolution of support for the proposal. The resolution pointed
out the shortage of available housing for low and moderate incomes,
elderly and handicapped.
Mr. Franz Stillfried expressed his support for the proposal and pointed
out the shortage of housing for the disabled.
Mr. James Skove spoke in support of the proposal. Regarding the flood -
plain and levee question, he pointed out that the levee was built with
Federal funds and such funds are generally intended for the aid of
all citizens and should not be limited to only those very few who now
live in the Town of Scottsville. He felt the issue of the floodplain
9s
March 1., 1988 Page 6
was a technical question and if the Engineers
say that the school site is out of the floodplain, then it should, in
fact, be considered out of the floodplain. He felt that the building
was suitable for the proposed purpose and -that maintenance of the
building would be improved. He pointed out that the same questions
had arisen about neighborhood impact when The Meadows was proposed
and it has been shown that that development has been a benefit to the
community.
There being no further public comment, the matter was placed before
the.Commission.
Mr. St. John addressed. Mr. Bruce's concern about the flood insurance
question. He pointed out that the levee is an effective flood prevention
measure and will 'result in reduced insurance premiums and not cancellation
of availability of flood insurance. Mr. St. John interpreted Mr. Horne's
letter as being a request to have it declared that the levee is an
effective flood prevention measure. He stated the"letter asked not that
the building be taken out of the designated floodplain but rather that
the map be changed to show the area that had been protected by the levee.
Regarding the applicant's proposed fourth proffer, Mr. Horne pointed
out that the suggested wording would leave the remote possibility
that the property, should it be transferred at some later date, could
be used since that new person would not be the petitioner. He asked
if the petition would be amenable to voluntarily changingthe wording
of the proffer to state: "The property will not be used for any of
the uses allowed under R-10 zoning prior to the satisfaction of all
terms, conditions and contingencies set forth in the contract dated
January 13, 1988, between petitioner and the County of Albemarle."
Mr. Munger, as representative for the applicant, stated the applicant
was willing to voluntarily accept the wording suggested by Mr. Horne.
Mr. Bowerman stated: "So the intent of the .applicant that, in the
event that they were unable to close on the transaction with the
County, effectively this property would not be rezoned because they
couldn't use it." Mr. Horne replied: "No one could use it for uses
allowed.under the R-10 zoning."
Mr. Jenkins asked how this would effect the sale.of the property
by Jordan Development. Mr. Horne responded: "I don't know what Jordan
has in terms of internal controls. All this references is a purchase
contract between Albemarle and Jordan that would potentially transfer
the property to Jordan. I do not believe the proffers say anything
about whether Jordan can transfer the property at a later date.to
someone.else. All this is dealing with is the land use of the property
should they transfer it."
Mr. St. John added that the zoning and the proffer would go with
the land and regardless of the owner the conditions would remain
the -same as when Jordan was the owner.
/yj
March 1, 1988 Page 7
Referring to staff's statement that "Since staff review was limited to
adaptive re -use for low income, elderly housing, this recommendation.
does not necessarily support standard residential development," Mr.
Bowerman asked if any affirmative action by the Commission would be
specifically addressing the proposal before the Commission for low
income housing. Mr. Horne responded: "Yes. The proffers, as we
understand them, are intended to limit the use to precisely what
Jorden has said --to no more than 35 residential apartments developed
on the property, no additions or expansions, tenancy will be limited
to persons of low and moderate income age 62 and over, rental
subsidy assistance under Section 8 Moderate Rehabilitation Program
will be used to the extent and length of time available, and the
property will not be used for any of the uses allowed under R-10
zoning prior to the satisfaction of all terms, conditions and
contingencies set forth in the contract dated January 13, 1988
between the petitioner and the County of Albemarle."
Mr. Bowerman asked Mr. St. John: "If the property was transferred
in the event that they closed the contract with the. County, then
they chose subsequently to sell it to another purchaser, in your
opinion would the use that.that purchaser could make of it be
exactly as contemplated here?" Mr. St. John responded: "Correct.
It would be just the same as if Jordan still owned it. A sale
cannot change any of these conditions."
Mr. Bowerman stated he agreed with staff's report and recommendation.
He stated he was mindful of the fact that Ihe Meadows has been a very
good neighbor, and he was also mindful of ounty's intent to dis-
tribute low and moderate priced -housing throughout the County,
including housing for the elderly. Regarding the flooding issue, he
stated he felt the Commission must rely on the Engineer's report.
Mr. Bowerman pointed out that The Meadows was an equal distance from
hospital facilities.
Ms. Diehl stated she felt the building was far too valuable an asset to
be ignored and she felt the need for this type of facility has been
demonstrated. She pointed out that the Commission represents the
total community and has an obligation to provide housing for those less
fortunate.
Mr. Wilkerson made a motion for approval of both the CPA and the ZMA,
but it was later amended and separate mostions were made for each item.
Mr. Wilkerson moved that CPA-88-1 for Scottsville School be recommended
to the Board of Supervisors for approval as follows:
Amend the Albemarle County Comprehensive Plan 1982-2002 as follows:
(1) Amend Map 15: Village of Scottsville Land Use plan as it relates
to the Old Scottsville School property. The recommended land
use would be changed from public institutional to medium density
residential.
(2) Amend the text of page 202, the Scottsville Plan to describe the
proposed re -use of the Old Scottsville School.
Mr. Jenkins seconded the motion which passed unanimously.
March 1, 1988
Page 8
Mr. Wilkerson then moved that ZMA-88-.2 for Jordan Development
Corporation be recommended to the Board of Supervisors for approval
subject to the applicants proffers as follows:
1. No more than thirty-five (35) residential apartments.will be
developed on the property. There will be no further additions
or expansions of any type on the site.
2. Tenancy will be limited to persons of low to moderate income aged
62 and over.
3. Rental subsidy assistance under the Section 8 Moderate Rehabilitation
Program will be used to the extent and for the length of time
available.
4. The property will not be used for any of the uses allowed under R-10
zoning prior to the satisfaction of all terms, conditions and
contingencies set forth in the contract dated January 13, 1988,
between petitioner and the County of Albemarle.
Mr. Jenkins seconded the motion which passed unanimously.
Both petitions were to be heard by the Board on March 16,'1988.
The Commission recessed from 9:20 to 9:30.
ZMA-88-1 Robert Hull - Request in accordance with Section 33.2.1 of
the Zoning Ordinance to rezone 6.53 acres from RA, Rural Areas to HC,
Highway Commercial to allow for U-Store-It.mini-warehouse facilities.
Property, described as Tax �-Ia.p 32, Parcel 41H, is located on the south
side of Rt. 649, o.1 Tile west of intersection with Rt. 29N. Rivanna
Magisterial District.
Mr. Horne gave the staff report. Staff recommended approval.
The Chairman invited applicant comment.
The applicant was present but offered little additional comment.
There being no public comment, the matter was placed before the Commission.
Mr. Michel stated the request seemed to .be in order given the nature
of the surrounding zoning and the Comprehensive Plan recommendations.
Mr. Michel moved that ZMA-88-1.for Robert Hull be recommended to the
Board of Supervisors for approval.
Mr. Wilkerson -seconded the motion which passed unanimously.
Comprehensive Plan Public Meetings - Mr. Cilimberg briefly went over
a general agenda for the public meetings to be held concerning the
Comprehensive Plan, including places, dates and times for the meetings.
March 1, 1988
Page 9
Carter's Bridge Agricultural/Forest_al District_ - Located east of Rt. 20
South, in the vicinity of Carter's Bridge, Blenheim and Woodridge.
Contains 7,675.929 acres.
LanarkAgricultural/Forestal District - Located on tte eastern slope of
Carter's Mountain on St. Rt. 627. Contains 996.047 acres.
Panorama Agricultural/Forestal District — Located on the north side of
the South Fork Rivanna River Reservoir, at the end of St. Rt. 661 and
884. Contains 843.250 acres.
Ms. Scala gave the staff report and requested that the Commission take
action to refer the above agricultural/forestal districts to the
Advisory Committee.
Mr. Stark moved that the Carter's Bridge, Lanark and Panorama Agricultural/
Forestal Districts be referred to the Advisory Committee.
Ms. Diehl seconded the motion which passed unanimously.
There being no further business, the meeting adjourned at 9:50.
Horne, Secretary
DS
3*