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HomeMy WebLinkAbout09 27 88 PC MinutesSeptember 27, 1988 The Albemarle County Planning Commission held a public hearing on Tuesday, September 27, 1988, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. David Bowerman, Chairman; Ms. Norma Diehl, Vice Chairman; Mr. Keith Rittenhouse; Mr. Tom Jenkins; Mr. Harry Wilkerson; Mr. Tim Michel; and Mr. Peter Stark. Other officials present were: Mr. Ronald Keeler, Chief of Planning; Mr. Bill Fritz, Planner; Mr. John Pullen, Planner; and Mr. Jim Bowlin, 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 September 6, 1988 and September 13, 1988 were approved as submitted. CONSENT AGENDA: Addition to Blue Run Agricultural/Forestal District - Located on State Routes 231, 640, and 641 in northeastern Albemarle. The proposed addition contains 2,324.454 acres. The existing district contains 1,136 acres. No action required. The Commission received the application. Since the applicants for the first two agenda items had not arrived, the Commission discussed the New Crozet Elementary School at this time. Frellminary Report of the Long Range School Facilities Planning Committee New Crozet Elementary School - Mr. Bowerman, who had served on this Committee, explained the purpose of the study was to determine if a new school in the watershed area was going to be necessary to meet increased enrollments in the Crozet area. He explained the conclusion of the study was: (1) Enrollment needs in that part of the County could be met without building a new school by "the 450 sizing of Crozet plus expansion possibilities of Crozet and Brownsville and Broadus Wood, either on that same site or on a different site for another school which there could be pairing on, or an.increase of the Broadus Wood site;" and (2) The location of Brownsville is more suitable than Crozet so it would be more beneficial to add extra capacity to Brownsville even though the cost is greater, therefore it is felt that'Initially the 600 kids should go to Brownsville and the expansion should be. there." SP-88-60 Dr. Martin Schulman - Request in accordance with Section 10.2.2(18) of the Zoning Ordinance for the issuance of a special use permit to allow for a veterinary clinic to be located on a.21.523 acre parcel zoned RA, Rural Areas. Property, described as Tax Map 56, Parcel 67 is located on the north side of Rt. 240 (Three Notched Road).-acroes from Acme Visible Records. White Hall Magisterial District. Mr. Keeler gave the staff report. Staff viewed this petition as an expansion of an existing use and recommended approval subject to conditions, including the /I� September 27, 1988 Page 2 addition of No. 4: The kennel use is approved in conjunction with the veterinary use and shall not be operated independently. Another issue discussed which was relevant to this petition was the applicant's request to the Board of Supervisors to amend the Service Authority Jurisdictional Area to extend public water and sewer to the site. The Board had asked for a recommendation from the Commission as to whether or not the Comprehensive Plan should be amended to include this in the Jurisdictional Area IF the Board determined such extension was appropriate. The Chairman invited applicant comment. Dr. Schulman addressed the Commission. He stated he was in agreement with staff's recommendations. Regarding the issue of access, he felt access to Rt. 240 had public benefit because it would conform to the County's policy of separating residential and non-residential uses on private roads. Regarding utilities, he pointed out that the new site is part of an adjacent parcel which has already been receiving County water for 10 years. (He noted there was a mistake in the County map because it does not show that the property receives County water.) ➢r. Schulman stated he had.no objection to limiting the kennel use to the veterinary practice. There was a brief discussion as to whether or not staff would administratively approve the subdivision. Mr. Keeler stated this would depend on the access issue. It was determined if access was allowed over the private road the Commission would normally review the subdivision, though they could authorize staff to approve it administratively. If access was granted directly off the state road, staff could approve it administratively without Commission action. The Commission would have to grant staff authority to administratively approve the preliminary and final site plan. In response to Mr. Wilkerson's question, Dr. Schulman estimated approximately 12-18 vehicles would visit the facility per day, with that number increasing approximately 25% with the new facility. There being no public comment, the matter was placed before the Commission. Regarding the issue of access, Mr. Keeler explained that it is always staff's position to restrict access to other than directly onto to a state road when possible. Mr. Keeler then read Highway Department comments. Mr. Keeler recommended that the Commission plan to review the site plan and address the issue of access at that time. He stated Dr. Schulman would be able to present his arguments to the Site Review Committee. Mr. Bowerman requested that staff, at the time of site.plan review, be prepared to "balance the public benefit of having a shared use on a private road, the commercial and residential use which we try to avoid, vs. the public benefit of not having that additional entrance on the state highway." There followed further discussion of the issue of extension of public water and sewer. Mr. Keeler attempted to answer some of Mr. Rittenhouse questions and explained that the Board has been particular about the cir- cumstances under which they permit the extension of public utilities outside growth areas. 77 September 27, 1988 Page 3 Mr. Wilkerson moved that SP -88-60 for Dr. Martin Schulman be recommended to the Board of Supervisors for approval subject to the following conditions: 1. Building area limited to 3,000 square feet. 2. Planning Commission approval of site plan. 3. Compliance with Section 5.1.1l'of the Zoning Ordinance, except that the minimum building setback to the eastern agricultural property line shall. be reduced to 100 feet. Engineer's report addressing performance standards of Section 4.14 of the Zoning Ordinance to be submitted with site plan. 4. The kennel use is approved inconjunction with the veterinary use and shall not be operated independently. Mr. Michel seconded the motion which.passed unanimously. There was then considerable discussion..about whether or not .public utilities should be extended to the property and exactly what type of recommendation was being asked from the Commission. Though staff stressed that the Commission was only being asked to comment on whether or not the Comp Plan should be amended IF the Board decides to extend utilities, the Commission was still unclear on the issue. It was finally determined the Comission felt the Comp Plan should be amended if the Board decides utility extension is appropriate. The Commission stressed that their comments were in no way a determination as to whether or not public utilities should or should not be extended, but rather that if the Board determines that extension is appropriate, then the Comp Plan should be amended accordingly. The Commission also .stressed that their recommendation in no way was meant to deny the applicant his present use of public water. Mr. Wilkerson moved that the Board of Supervisors be advised that the Commission feels the Comprehensive Plan should be amended if it is determined that the extension of public water and sewer to the Schulman property is appropriate, with the understanding that this recommendation is in no way intended to deny the applicant his -existing use of water.' Mr. Stark seconded the motion which passed unanimously. ZMA-88-11 Heavenly Holding Corporation and Reynovia Preliminary Plat - Heavenly Holding Corporation petitions the Board of Supervisors to rezone 100.2 acres from RA, Rural Areas to R-4, Residential (PROFFER). Property,. described as Tax Map 90, Parcel 36 is located on the west side of Rt. 742 (Avon Street Extended) between Mill Creek PUD (north) and Mill Creek PRD (south) in the Scottsville Magisterial District. Mr. Keeler gave the staff report. Regarding ZMA-88-11, the report concluded: "Staff can distinguish no circumstance to warrant a different lot design approach than was applied to Mill Creek 2. Staff is also reluctant to endorse a rezoning where future dispute has been established. Staff recommends denial of ZMA-88-11." In the event that the Commission chose to recommend approval of ZMA-88-11, staff provided conditions of approval for the preliminary plat. 71? September 27, 1988 Page 4 It was determined the 8 acres across the lake was not included in the proposal. The Chairman invited applicant comment. The applicant was represented by Mr. Bob :McKee. Mr.. McKee made no additional comments at this time except to.state that the applicant concurred with the staff report. He also presented several drawings of the property. The Chairman invited public comment. Mr. George Gilliam addressed the Commission. He explained that he was there in two capacities: (1) As trustee of the land trust -which owns the land in Mill Creek and (2) As co-owner of commercial property in this area. He stated he was in favor of this type of development on the property but he felt this plan was "flawed in some significant respects." (Mr. Gilliam confirmed he was speaking of the preliminary plat and not the rezoning.) He stated that final development could not possibly occur "in substantial or general accord with this preliminary plat which has been shown to you." He listed the following reasons: (1) Construction of a turn lane will require an easement from his (Mr. Gilliam's) property and such easement will not be granted unless the applicant agrees to substantial changes in the plan; (2) Sewer layout will not work without the use of extensive pumps unless lot layout is substantially different; and (3) Access to the lots in the back southeast corner is not possible except through Mill Creek Phase II roads and "that access will never be provided until there is agreement to run a connecting road through." There being no further public comment, the Chairman allowed applicant reply. fir, Rick Richmond, attorney for the applicant, addressed the Commission. He stated. Mr. Gilliam's comments were "wrong," because "this development will take place in accordance with the preliminary plan that has been submitted." Regarding the issue of access, he explained that road connections between Reynovia and ;sill Creek are the result of a previous agreement and the applicant is "satisfied that under the terms of that agreement the off -site easements, if necessary, to be acquired for the entrance road can be acquired." He stated that if this is found to be incorrect, the entrance can be completely relocated within the property lines of Reynovia. Regarding the property in the back, Mr. Richmond pointed out that development of that area was not being proposed at this time. Mr. McKee addressed the issue of the sewer plans. He explained that the sewer plans were a preliminary alignment meant to tie into Mill Creek. I and were subject to modification. He disagreed with fir. Gilliam's statement that the sewer system would not work. He agreed that if the sewer line is to tie into the Mill Creek I line, it will have to be "pulled up" to get into the manhole. He.stated this was possible. He explained that a reconfiguration of the lots would not be necessary but a reconfiguration of the sewer line was a possibility because it would reed to be higher on the hill. (He pointed this out on the map.) He pointed out that a condition of approval is that the sewer plans will be approved by the Albemarle County Service Authority. Mr. McKee described the plans for the entrance to the property. He felt the entrance could be achieved without major changes in the plan. He stated the purpose of the plan was to show "an overall scheme of development, an overall density, an overall generalized location of the Ic September 27, 1988 Page 5 entrances and access points, and the concept." Regarding the suggestion that major connections be made to Mill Creek I and II, he stated the applicant opposes this because this would take away from the neighborhood's identity, would impact the lake more severely, would increase the traffic through Reynovia, and would be much more expensive. There being no further comment, the matter was placed before the Commission. Mr. Stark asked if the agreement referred to by Mr. Richmond had also stated Mill Creek II could be tied in to the applicant's development. Mr. McKee responded: "To my knowledge, there was no such agreement." Mr. Bowerman asked Mr. Keeler to comment on some of Mr. Gilliam's comments, particularly on the access issue, i.e. could the entrance be shifted if necessary? Mr. Keeler was uncertain. However, he pointed out that approval of the rezoning -did not guarantee that development would go forth.. It was determined that conditions of approval on the preliminary plat were written so as to require Commission review of the final plat. In response to Mr. Bowerman's question as to an entrance on Avon Street, Mr. Keeler confirmed that he was not aware of anything that would preclude an entrance off Avon Street. Mr. Keeler added that it was the Commission's discretion to determine if the development was substantially in compliance with the plan that has been proposed. Mr. Bowerman stated that the Commission recognizes that a preliminary plat does not have the detail that is required of a final plat. He added that the conditions that have been suggested for the preliminary.plat are such that if the development cannot be served by gravity sewer the Commission will have to "look at it again because it's not in compliance with the original. rezoning." It was determined the question of the sewer did not have to be resolved at this time. It was determined condition 1(j) would be added as follows: "No further subdivision without Planning Commission approval." Mr. Wilkerson moved that ZMA-88-11 for Heavenly Holding Corporation be recommended to the Board of Supervisors for approval subject to the applicant's proffer. Mr. Stark seconded the motion which passed unanimously. Mr. Wilkerson moved that the Reynovia Preliminary Plat be approved subject to the following conditions : 1. Approval is subject to approval of ZMA-88-11 by the Board of Supervisors. 2. Commission site plan approval for townhouses prior to subdivision plat approval for townhouses. Staff site plan approval for recreation center, tennis courts, clubhouse, and other such improvements in open space areas. 3. No final subdivision plat shall be reviewed by the Planning Commission until the following conditions have been met: o�i> September 27, 1988 Page 6 a. Obtain all necessary off -site easements; b. Recreation provisions shall comply with Section 4.16 of the Zoning Ordinance; c. Albemarle County Service Authority final approval of water and sewer plans. Lnless.otherwise permitted by Albemarle County Service Authority, all service shall be gravity sewer; d. Virginia Department of Transportation approval in accordance with comments of August 10, 1988, provided that internal roads may be rural section if two side -by -side parking spaces are provided -on each single family lot. The Planning Commission may require installation of a left -turn lane on Rt. 742 at time of final review. e. Department of Engineering approval of road and drainage plans and calculations; f. Department of Engineering approval of stormwater detention plans and calculations; g. Department of Engineering approval of an erosion control permit; h. Approval by -Deputy Director of Inspections of fireflow calculations as recommended in comments of July 29, 1988; i. Each lot shall contain a 5,000 square foot building site with a length - to -width ratio not to exceed 2.5:1. No driveway shall encroach more than 50 lineal feet on slopes of 25% or greater. j. No further subdivision. without Planning Commission approval. Mr. Michel seconded the motion which passed unanimously. The meeting recessed from 9:20 to 9:30. The Greens at Hollymead Preliminary Site.Plan - Proposal to iocate.144 rental apartments on 14.4 acres, with a resulting density of 10 units per acre. This site will have access through Powell Creek Drive. Property is located on the east side of Powell Creek Drive, north of Hollymead Square Phase I, Hollymead PUD. Tax Map 46, Parcel 26B (part of). Zoned PLED, Planned Emit Development. Rivanna Magisterial District. Mr. Pullen gave the staff report. Staff recommended approval subject to conditions. Mr. Stark expressed some dissatisfaction with the maps a --id staff's presentation. The applicant was represented by Mr. Roudabush. He explained that this is the same site which was previously reviewed as Hollymead Square Phase II. He stated there was very little difference from the previous plan. In response to Mr. Stark's concern, he explained that the dam was not shown on the plan because it is not adjacent to this property. He stressed that this project had no relation to the dam and the road system serving the project. He stated the emphasis on the site plan was to preserve as -many trees as possible. The Chairman invited public comment. Mr. Jim Cox, attorney for owners of a neighboring parcel, addressed the Commission. He was concerned that a proper buffer be maintained between the two properties. He asked that the natural buffer be maintained. He asked that the structures be compatible with surrounding development. He asked that there be a minimum Q1 September 27, 1988 Page 7 of disruption and that attention be given to placement of dumpsters and that proper drainage and erosion measures be carried out. Mr. Frank Kessler, seller of the property, addressed Mr. Cox's comments and assured Mr. Cox that the applicant's proposal would he nicer than his client's property. He also pointed out that drainage from Mr. Cox's client's property drains onto this property. There being no further comment, the matter was placed before the Commission. Mr. Jenkins moved that the Greens at Hollymead Preliminary Site Plan be approved subject to the following conditions: 1. The final site development 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. Department of Engineer approval of retaining wall design; e. Virginia Department of Transportation approval of right-of-way improve- ments to include the installation of a 100-foot, 12-foot wide right turn lane, with a 100-foot taper lane. f. Fire Officer approval of sprinkler system, firewall specification; hydrant location, and/or firelanes as required to obtain adequate fire protection; g. Planning staff approval of landscape plan; h. Albemarle County Service Authority approval of water and sewer plans. 2. A building permit will not be issued until the following condition is met: a. Virginia Department of Transportation issuance of a commercial entrance permit; 3. A certificate of occupancy will not be issued until the following condition is met: a. Final Fire Officer approval; 4. Administrative approval of the final site plan. Mr. Michel seconded the motionwhich passed unanimously. Westminister-Canterburyof the Blue Ridge Preliminary Site Plan - Proposal to locate a retirement village on 24.5 acres. Approximately 40 cottages, 81 apartment units, and a health care facility with a 29-bed capacity will be provided. This site will have direct access to Rt. 250E. Property, described as Tax Map 76, Parcels 55A, 55A5, and 55A4 (parts of) is located on the north side of Rt. 250E, adjacent to North Pantops Dirve. Zoned PRD, Planned Residential Development. Rivanna Magisterial District. Mr. Pullen gave the staff report. Staff recommended approval subject to conditions. 8a September 27, 1988 Page 8 Mr. Pullen responded to Mr. Bowerman's request for a description .of the structures. The applicant was represented by Mr. Rick Richmond, President of Westminister- Canterbury. He presented a drawing of the main building. The Chairman invited public comment. Mr. B.J. Diggs, an Ashcroft resident, addressed the Commission. He explained that his property overlooked the proposed development. fir. Diggs was concerned about the obstruction of his view. There being no further comment, the matter was placed before the Commission. Mr. Jenkins moved that the Westminister-Canterbury of the Blue Ridge Preliminary Site Plan be approved subject to the following conditions: 1. The final site development 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 road and drainage plans and calculations; c. Department of Engineering approval of stormwater detention plans and calculations. If existing lake is needed for detention it will require upgrading to comply with current County design criteria; d. Department of Engineering issuance of an erosion control permit; e. Virginia Department of Transportation approval of right-of-way improvements, to include review and approval of drainage outfall to Rt. 250E and the installation of a 200-foot long, 12-foot wide right turn lane with a 200 foot taper lane; f.. Planning staff approval of subdivision plat for this property in accordance with condition 1 of ZMA-87--09, which states: "Subdivision plat to include restriction of access for future development of all parcels resulting from parent tract identified as Tax Map 78, Parcels 55A, 55A5, and 55A4 to Westminister Canterbury access road except as may be otherwise permitted in a particular case." g. Planning staff approval of landscape plan. 2. A building permit will not.be issued until the following condition has been net: a. Virginia Department of Transportation issuance of a commercial entrance permit. 3. A certificate of occupancy will not be issued until the following condition has been met: a. Final Fire Officer approval. 4. :administrative approval of the final site plan. Mr. Stark seconded the motion which passed unanimously. September 27, 1988 Page 9 Senior Center Preliminary Site Plan - Proposal to locate a 13,944 square foot meeting and recreation center on a 1.7 acre portion of Tax Map 61W, Section 2, Parcel 2A. Property, located in the southwestern corner of the intersection of Pepsi Place and Greenbrier Drive. This property is just north of the Pepsi bottling plant and office, and just west of the Brookmill Development. Zoned C-1, Commercial. Charlottesville Magisterial District. Mr. Fritz gave the staff report. Staff recommended approval subject to conditions. The applicant was represented by Mr. Ron Langman. He stated this is a simple site and most calculations have been completed and will be presented to staff soon. There being no public comment, the matter was placed before the Commission. Mr. Stark moved that the Senior Center Preliminary Site Plan be approved subject to the following conditions: 1. The final plan will not be signed until the following conditions have been met: a. Fire Officer approval; b. Department of Engineering approval of grading and drainage 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. Planning Department approval of landscape plan; f. Planning Department approval of technical notes; g. Staff approval of grading easements documents; h. Albemarle County Service Authority approval of water and sewer plans. 2. A building permit will not be issued until the following condition has been met: a. Virginia Department of Transportation issuance of a commercial entrance permit. 3. Administrative approval of final site plan. 4. Administrative approval of subdivision proposed on site plan. 5. A certificate of occupancy will not be issued until the following condition is met: a. Final Fire Official approval. Mr. Wilkerson seconded the motion which passed unanimously. Keatsway Preliminary Plat - Proposal to create 10 lots ranging in size from 2.0 acres to 2.9 acres to be served by a proposed public road. Property, is located on the south side of Rt. 743, just east of its intersection with Rt. 664. Tax Map 19, Parcel 28A and Tax Map 20, Parcel 19E. Zoned RA, Rural Areas. Rivanna Magisterial District. 94 September 27, 1988 Page 10 M.r. Fritz gave the staff report. Staff recommended approval subject to conditions. The applicant was represented by Virginia Gardner who offered no additional comment. The Chairman invited public comment. The following persons addressed the Commission and exressed their concern about the dangerous condition of the bridge and about possible screening of this development from adjacent properties: Mr. Gene Coughenour; Mr. Robert Cox and Mr. Robert Pace. The Commission shared the concern about the bridge and it was decided the possibility of adding this to the 6-Year Road Plan would be pursued. The Chairman also advised those present that they should make their concerns known to the Virginia Department of Highways and Transportation. Regarding screening from adjacent properties, it was explained that it is not necessary to require screening between like uses, i.e. this is residential development adjacent to residential development. There being no further comment, the matter was placed before the Commission. Mr. Stark moved that the Keatsway Preliminary Plat be approved subject to the following coditions: 1. The Final Plat will not be signed until the following conditions are met: a. Department of Engineering approval of calculations. b. Department of Engineering issuance of c. Virginia Department of Transportation plans and calculations. 2. Administrative approval of the Final Plat. road and drainage plans and an erosion control permit. approval of road and drainage Mr. Wilkerson seconded the motion which passed unanimously. tiiiscellaneous Stowe airport Industrial Park - Landsca in - fir. Fritz gave a brief history of this issue which centered on the fact that the applicant had not maintained the original buffer as had been required. 'sir. Fritz presented a sketch of what the applicant was proposing, i.e. to plant three rows of white pines, planted 15 feet on center with the row adaacent to Rt. 606 being 4-5 feet in height and the third row being 15-20 feet in height in order to be four to five feet above the grade of Rt. 606. Staff felt this would, meet the Commission's intent for screening. Mr. Fritz pointed out that the applicant has stated that he intends to obtain approval of the landscape plan in order to obtain a grading permit and after the issuance of such a permit the applicant has stated he will seek relief from the landscape requirements. Staff stated: "Because of this stated intention, staff recommends that landscaping along Rt. 606 be installed prior to final site plan approval or that the Planning Comnission put the applicant on notice that the land- scaping requirements will not be amended in the future." fir. Fritz also September 27, 1988 Page 11 pointed out that if landscaping was required at this time a grading permit would have to be issued so that the slopes could be stabl.ized. It was the determination of the Commission that the landscaping was to be required prior to final approval. Ms. Diehl moved that landscaping for the Stowe Airport Industrial Park site be installed prior to final site plan approval. (It was the intent of the Commission -that the trees not only be planted, but that they be maintained.) Mr. Wilkerson seconded the motion which passed unanimously. There being no further business, the meeting adjourned at 11:00 p.m. DS Lorne, John Secretary y6 r7l r I LI