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HomeMy WebLinkAboutSP199200066 Action Letter March 17, 1993 (Regular Night Meeting) (Page 2) M.B. 43, Pg. 287 Drive Connector was accepted into the State Secondary System of Highways effective February 24, 1993, was received as follows for information: "As requested in your resolution dated November 4, 1992, the following addition to the Secondary System of Albemarle County is hereby approved, effective February 24, 1993. ADDITION ~ n COMMONWEALTH DRIVE CONNECTOR Route 1315 (Commonwealth Drive) - From 0.46 mile Northeast Route 743 to Route 866 0.15 Mi" Item 5.3. Memorandum dated March 11, 1993, from Mr. Tex Weaver, Information Resource Planner, re: Enhanced 911 Project Status, was received for information. (The memorandum indicates that GTEGIS, our Enhanced 911 Building Locator System consultant, notified the County that they would be unable to meet the necessary deadlines to proceed with the Building Locator and Enhanced 911 implementation schedule revised September 16, 1992. This schedule had an effective date for new addresses of February 28, 1993; Enhanced 911 equipment installation by September 1, 1993j and an operational date of December 1, 1993. This notification came as a result of a contractual dispute between GTEGIS and ETG, their mapping subcontractor. Item 5.4. Superintendent's Memorandum No.3, dated February 26, 1993, from Mr. Joseph A. Spagnolo, Jr., Superintendent of Public Instruction, and Mr. Edward W. Carr, Deputy Superintendent for Administration, reo Aid to L~calities, 1992-94 Biennium, was received for information. Item 5.5. Memorandum dated March 10, 1993, from Mr. Robert W. Tucker, Jr., County Executive, re: U. S. Route 29 Corridor Study, regarding a $1.5 million grant that VDoT has obtained to study a portion of U.S. 29 North from the South Fork of the Rivanna River northward to State Route 605 near the town of Warrenton, was received for information. Mrs. Humphris said she agrees with the suggestion that a member of the Board of Supervisors and Planning Commission should serve on the committee. n t 'j ~. ,.- Item 5.6. Planning Commission minutes for February 23, 1993, were received for information. Agenda Item No.6. ZMA-92-13. George & william Clark (deferred from March 10, 1993). Mr. Bowerman said Mr. Clark has requested deferral until April 14, 1993, to work out details of specifics which staff has discussed with them. Mrs. Humphris asked why this request will not be reheard by the Planning Commission since it will include new material. Mr. Cilimberg said the Board could direct the Planning Commission to rehear the request. Mr. Bowerman and Mr. Bain said they were content with just this Board dealing with the request. Mrs. Humphris made motion, .econded by Mr. Martin, to defer ZMA-92-13 until April 14, 1993. Roll was called and the motion carried by the following recorded vote: AYES: Mrs. Humphris, Messrs. Marshall, Martin, Perkins, Bain and Bowerman. NAYS: None. n , Agenda Item NO.7. ZMA-92-12 & SP-92-66. Worrell Land & Cattle Company. Public Hearing on a request to establish application plan for 241 acs zoned PD-MC & CO, bounded by Richmond Rd (Rt 250E) on N, 1-64 on S & w, and State Farm Blvd on w. Special permit would allow residential use & supporting commercial uses in portion zoned CO. Part of the proposal is to rezone 1.7 acs from CO to PD-MC. Application Plan proposes 977,550 sf of office development, 145,000 sf of retail development, 296 residential units & 85 ac of open space, to be served by private roads. Site located in a growth area (N3) is recommended for regional service in the Comprehensive Plan. TM78,P20B,20C,20K,20M,31,32,71&71A. Rivanna Dist. (Advertised in the Daily Progress on March 2 and March 9, 1994.) Mr. Cilimberg summarized the staff report which is on file in the Clerk's office and made a part of the permanent records of the Board. The applicant'S proposal is outlined in detail in the book titled "Peter Jefferson place Application Plan December, 1992" (on file). A summary of the land use follows: n ~ , r1 t! . ' n March 17, 1993 (Regular Night Meeting) (Page 3) M.B. 43, Pg. 288 ACREAGE PERCENTAGE 60\ 35\ 5\ DEVELOPMENT OF PARCELS OPEN SPACE ROAD RIGHT-OF-WAY 144.9 84.9 ll. 7 Mr. Cilimberg said the open space includes sufficient area to accommo- date the future greenway project along the Rivanna River. The applicant has , expressed a willingness to cooperate with the County in the development of this project. Mr. Cilimberg said staff opinion is that the proposed development and application plan are consistent with the recommendations of the Comprehensive Plan and the Comprehensive Plan Land Use Map designation. Staff recommends approval of ZMA-92-12, as the establishment of the proposed application plan will allow for orderly development of this large-scale, long-term project while comprehensively protecting the most environmentally sensitive area of the property through the designation of open space and the utilization of private roads. Staff also recommends approval of SP-92-66 for the supporting commercial uses and residential areas which are consistent with the non- residential land use guidelines of the Comprehensive plan and Zoning Ordi- nance. Mr. Cilimberg said while the Commercial Office and Planned Development- Mixed Commercial zoning already exists for this property, staff has reviewed this petition in accordance with Section 8.0 PLANNED DEVELOPMENT - GENERALLY. In that respect, staff has worked with the applicant to propose a set of agreements as specified by Section 8.5.4 of the Zoning Ordinance. The agreements are compiled from the applicant's proposal as well as recommenda- tions by staff to allow for administrative review of future site plans. No conditions of approval are recommended for the special use permit request. The applicant has agreed to the following: I. Establishment of the Land Use Plan dated November 11, 1992, and revised January 20, 1993, as the approved Application Plan for the Planned Development-Mixed Commercial and Com- mercial Office zoned property. 2. The supporting commercial uses shall be in accordance with those uses permitted by-right in the C-1 zone as modified by Section 9.4.3 of the Zoning Ordinance. 3. The residential uses are not required to be developed on a pro-rata basis with the office development in accordance with Section 9.4 of the Zoning Ordinance. 4. provision of private roads within the development designed to meet mountainous terrain standards. 5. The Worrell Land and Cattle Company agrees to pay for the necessary right turn and taper laues at the development's entrances along Route 250 East. The right turn lanes shall be constructed as each entrance is established. The devel- oper also agrees to provide an additional left turn lane and traffic signal on Route 250 East at the primary and second- ary entrance to the site. These improvements shall be constructed upon demand of the Virginia Department of Trans- portation in accordance with their letter dated February 8, 1993, or earlier at the developer's option, provided the primary and secondary entrance meets the signalization warrants as given in the latest edition of the Manual of Uniform Traffic Control Devices. 6. The applicant will utilize detailed design guidelines con- sistent with the outline included as Appendix I of the Peter Jefferson Place Application Plan book. 7. Except those sites shown as Parcels A-2, B-1 and B-2 on the Land Use Map (Tax Map 78, Parcels 20K, 71 and 71A) , all future site plans shall be reviewed by the Albemarle County Architectural Review Board if it is determined the site will be visible from Interstate 64 or Route 250 East. 8. Setbacks shall be as follows: - a. Commercial and Office Uses: Adjacent to public streets: No portion of any struc- tures, except signs, shall be erected closer than thirty (30) feet to any public street right-of-way. No off-street parking or loading space shall be locat- ed closer than ten (10) feet to any public street right-of-way. March 17, 1993 (Regular Night Meeting) (page 4) M.B. 43, Pg. 289 Adjacent to internal private streets: The setbacks for buildings and parking may be reduced to ten (10) feet provided adequate sight distance is maintained and minimum landscaping requirements are met. b. Residential Uses: n Minimum yards: Front, twenty-five (25) feet, side, fifteen (15) feet, rear,twenty (20) feet. Minimum side yards shall be reduced to not less than ten (10) feet in accordance with Section 4.11.3 of the Zoning Ordinance. Setbacks for the townhouses adjacent to the park may be reduced to five (5) feet surrounding the loop road. 9. Administrative approval of all future site plans and subdi- vision plats. In the spirit of Section 8.5.6.3 of the Zoning Ordinance, the Director of Planning and Community Development shall be authorized discretion over reasonable variations from the approved zoning Application Plan. 10. Future requests for parking decks or a helistop will require additional Planning Co~nission and Board of Supervisors reviews. n Mr. Cilimberg said the Planning Commission, at its meeting on February 23, 1993, recommended approval of ZMA-92-12 and SP-92-66, subject to the Agreements as set out above. Mr. Bain asked about phasing of the residential development. He does not have a problem with some phasing, but does not want the project to be developed in its entirety without residential development occurring also. He is not keen on this and asked if there is any requirement to prevent it from happening. Mr. Cilimberg said he thinks it is the applicant's intent to develop more residential property if the market demands that. Under that request, the intent of the regulation is to put the most intensive uses within a development but it does not preclude the developer from developing the residential area up to twenty percent of the total site areas. That seems to be what they want to do. Without any action to change the zoning, the appli- cant's would have to develop a residential area at some point. He does not know their timing on this. Mr. Bain asked if the sewer line has been reviewed to assure that a 15- inch line will serve all of the proposed development. Mr. Cilimberg said "yes," the sewer line was reviewed by the Albemarle County Service Authority (ACSA) and it was confirmed to staff that it will support all proposed uses. As the individual site plans come in, the actual layout of the utilities system will be reviewed for what is necessary. For the overall service on the site, ACSA has determined that the sewer line is adequate. Mr. Bain said he has a problem with a private road being used and the sizing of the roads. He asked if staff looked at these roads in terms of the entire parcel. Mr. Cilimberg said the road plans were reviewed by the Engineering Department. There is a limited area of four-laning or dividing at the main entrance off of Route 250 East. Based on the traffic that is expected to be generated, the widths and pavement are expected to be adequate. The whole road system will be Subject to final review by the Engineering Department. Staff followed VDoT standards in its private road standards, except for allowing greater horizontal/vertical curvature. Mr. Bain said the roads will basically be 10 to 11 foot lanes. Mr. Cilimberg said he does not know that the specifics of the lane size have been finalized. It is more of a concept of how the roads are expected to be laid out. n Mr. Martin said if these roads stay private and VDoT will not accept them into the State Highway System in the future, he sees complications in terms of snow removal, and roads deteriorating in a subdivision. He asked if this were to happen, are there any kind of proffers setting out who will maintain and be responsible for the roads in the future. Mr. Cilimberg said the applicant has indicated how this will be done. In the Agreements, the particulars have not been "spelled out," but it will be through a homeowners association. Mr. Bowerman said the County Attorney will insure that there is a document for private roads maintenance which will cover the upkeep, etc., on those roads. This will be part of the application and will have to be agreed to by the County Attorney. The public hearing was then opened. Mr. Andrew Dracopoli, representing Worrell Land and Cattle Company, said Mr. Fred Jarvas from LDR International, the land planner who developed the plan, and Mr. Paul McKee from McKee Carson, the engineers, are also present. He said Mr. Worrell completed the assembly of this parcel in 1986 and since then there have been five land planners involved. This plan has been studied numerous times to arrive something Mr. Worrell feels comfortable with as a development plan for the property. This plan has been refined, market and feasibility studies done and meetings have been held with interested parties. March 17, 1993 (Regular Night Meeting) (page 5) M.B. 43, Pg. 290 n',j , 1 Worrell Land and Cattle Company has kept County staff informed of what was on- going. There have been meetings held with the University of Virginia, who has an interest in this project, and Monticello, due to the view shed from the head of the line at Monticello. Monticello requested that another study be done from the north terrace to show what tourists would see from that point. Meetings have been held with Westminster-Canterbury residents, Ashcroft homeowners, State Farm Insurance, Virginia Land Company, Harley Easter and residents in Glenorchy. The applicant has tried to meet with everyone who had an interest and with neighbors of the property to inform them of what is happening. The Board received one letter which was supportive of the proposal and he feels this suggests that the applicant has done the best job possible with a beautiful piece of property. The plan received unanimous endorsement from the Planning Commission and has been reviewed twice by the Architectural Review Board where preliminary grading plans for phase one and proposed design guidelines were presented. Mr. Dracopoli said this plan complies completely with underlying zoning and the Comprehensive Plan. The applicant tried to incorporate all of the concerns expressed in the Comprehensive Plan in this submittal. This is an opportunity for them as developers, as well as the County, to have a first- class mixed use office park. This will provide an attractive place for out- of-town businesses to locate within the urban growth area and without putting pressure on the rural area. The applicant is dedicating more than one-third of the land to permanent open space and preserving almost all of the woodland, wetland and steep slopes on the site, installing a large number of water features, which they hope will be aesthetically pleasing and help with storrnwater detention problems, planned hiking trails spread throughout the properties for the use of residents and employees, preservation of the natural beauty of the site and established design guidelines which are specific in terms of use of materials, etc. By building private roads, the amount of cuts and fills to service the site will be reduced. The applicant felt the site could not be developed using rolling terrain standards because of the horizon- tal curvatures. By dedicating much land to open space and public use, the natural beauty of the property can be preserved. n Mr. Dracopoli said the applicant feels he may want to move forward faster with residential development than with development of office buildings. Theoretically, the applicant could develop all offices without any residen- tial, but parcels D and F around the Park would then be vacant. The only way the applicant could obtain approval to build offices on those parcels would be to submit a rezoning request which this Board would rule on. The applicant would prefer to have residential development around the park thus creating an urban environment. Residential development is a key part of this plan and from a marketing point-of-view will be built in the early stages of the development. The 15-inch sewer line lies behind Pantops Professional Center and is adequate to serve this property. This line will also serve some of the properties northeast of Route 250 which currently cannot connect to the sewer line at State Farm because it is too low. As part of VDoT highway improve- ments, a sewer line under Route 250 has been installed at the Glenorchy crossover which the developer is paying for. At ACSA's request, the applicant has agreed to increase the size of the sewer line so that it can handle capacity from the residential areas north of Glenorchy. Mr. Dracopoli said the major traffic generators on this site are the retail sites along Route 250 East. The four-lane road is the access point to the retail sites. Traffic studies have been done and submitted to VDoT for the entrance improvements. This included studies of the traffic counts on various sections of the road. Of particular concern was the main road, the middle entrance road coming up the hill is a two-lane road but was originally formed as a four-lane road. The applicant's traffic engineer feels that at maximum build-up, the two-lane road is adequate. Turn-off lanes may need to be added and the lanes will be 12 feet each. There will be an owner's association which will raise dues to maintain the roads. There is a mix of residential and commercial properties but the obligations for sharing this responsibility have not been formed. Mr. Worrell will control the property owners association for a while to insure that the Park is successful. The occupants will be high quality commercial users and they will also have an interest in maintaining the roads. Mr. Bowerman asked how the applicant intends to put the infrastructure in (roads and utilities). Mr. Dracopoli said the applicant considers a minimal phase one bringing a new entrance road to the top of the hill and connecting to the existing road that runs past the Pantops Professional Center. Part of the VDoT improvements is that a waterline be installed in a "T" under Route 250 to match existing lines. Water will be brought in beside this road, sewer will be brought from the 15-inch manholes to the top of the hill. The maximum work to begin immediately is carrying the road to the top of the hill, grading the park so landscaping can be established and building a road to South Pantops Drive. After this development is done, the market will determine what is developed next. The pump stations will wait until there is a specific use for a parcel to justify their installation. G t J Mr. Craig Van de Castle said he has not been involved in the meetings and planning sessions that the applicant has had with the neighbors, affected people, or with Monticello. He has not read the staff report, but because only one property owner has written a letter for the permanent file does not mean that other people will not be disappointed to see this parcel developed with over 1.0 million square feet of mixed uses, especially in such a visibly March 17, 1993 (Regular Night Meeting) (Page 6) M.B. 43, Pg. 291 n r ,~ prominent site from Monticello and Route 250 East. He asked what the zoning change requested will provide in addition to what is allowed with the current zoning designation. Mr. Cilimberg said the rezoning does not allow any further development than can occur by-right with the current zoning. There is a slight change in zoning to add a small area that would be PD-MC. What is really happening is that there is an Application Plan being layered on top of the existing zoning. Mr. Bowerman said the Comprehensive Plan contemplated this type of development on this property. Mr. Cilimberg said the zoning is to allow what the applicant has requested and could have submitted site plans for the non PO-Me areas. Mr. Van de Castle said the developer should be commended for the efforts taken to insure that the design is done well. The point remains that this is a large change in this area. without "casting stones," he feels this plan has been the impetus of the developer and not the County in the sense that this area is almost a re-do of Route 29 North in regard to land use being dictated by the owners and developers rather than the County having a proactive, preexisting plan. He hopes this rezoning meets the needs that the County has in mind. He commended the developer on the extensive background work done and said he hopes all of the people who have to look at this development find that it is done as well as it is proposed to be. Mr. Dracopoli said this property was zoned by the County in 1980 when it readopted the Zoning Ordinance and map. This zoning was created prior to Mr. Worrell acquiring most of the land subject to this plan. The zoning allows approximately 60 percent of the land to be developed as commercial and 40 percent as office use. The Comprehensive Plan adopted in 1989 limited the commercial development to 15 percent instead of 60 percent, therefore, the Plan reduced rather than increased the development potential of this site. The applicant had agreed to that zoning and does not feel this development has been driven by the zoning. There being no further comments from the public, the public hearing was closed. r"l , , Mr. Bain said during the 1989 sessions on the Comprehensive Plan covering the urban area and all the neighborhoods therein, there were lengthy discussions of the issues and the owners of the property were not happy with what was proposed. This request is a positive response to what this Board, the Planning Commission and staff thought should be done there as a comprehen- sive review of an important tract of land that has now been brought under one ownership. He thinks this plan is an extremely good plan and it will take some time to develop it. Everything that can be done, including discussions and work with Monticello, has been done. He feels this has been done first- class and he commends the applicant. This will be a benefit to the community in the future, as an entrance to the City on Route 250 East. Mr. Martin made motion, ..conded by Mr. Bain, to approve ZMA-92-12, as recommended by the Planning Commission, subject to the following agreements. Roll was called and the motion carried by the following recorded vote: AYES: Mrs. Humphris, Messrs. Marshall, Martin, Perkins, Bain and Bowerman. NAYS: None. (Agreements of approval for ZMA-92-12, are as follows:) 1. Establishment of the Land Use Plan dated November 11, 1992, and revised January 20, 1993, as the approved Application Plan for the Planned Development-Mixed Commercial and Com- mercial Office zoned property; 2. The supporting commercial uses shall be in accordance with those uses permitted by-right in the C-1 zone as modified by Section 9.4.3 of the Zoning Ordinancej 3. The residential uses are not required to be developed on a pro-rata basis with the office development in accordance with Section 9.4 of the Zoning Ordinancej n 4. provision of private roads within the development designed to meet mountainous terrain standardsj 5. The Worrell Land and Cattle Company agrees to pay for the necessary right turn and taper lanes at the development's entrances along Route 250 East. The right turn lanes shall be constructed as each entrance is established. The devel- oper also agrees to provide an additional left turn lane and traffic signal on Route 250 East at the primary and second- ary entrance to the site. These improvements shall be constructed upon demand of the Virginia Department of Trans- portation in accordance with their letter dated February 8, 1993, or earlier at the developer's option provided the primary and secondary entrance meets the signalization warrants as given in the latest edition of the Manual of Uniform Traffic Control Devicesj March 17, 1993 (Regular Night Meeting) (Page 7) M.B. 43, Pg. 292 6. The applicant will utilize detailed design guidelines con- sistent with the outline included as Appendix I of the Peter Jefferson Place Application Plan bookj 7. Except those sites shown as Parcels A-2, B-1 and B-2 on the Land Use Map (Tax Map 78, Parcels 20K, 71 and 71A) , all future site plans shall be reviewed by the Albemarle County Architectural Review Board if it is determined the site will be visible from Interstate 64 or Route 250 Eastj 8. Setbacks shall be as follows: n ! ! a. Commercial and Office Uses: Adjacent to public streets: No portion of any structures, except signs, shall be erected clos- er than thirty (30) feet to any public street right-of-way. No off-street parking or loading space shall be located closer than ten (10) feet to any public street right-of-way. Adjacent to internal private streets: The set- backs for buildings and parking may be reduced to ten (10) feet provided adequate sight dis- tance is maintained and minimum landscaping requirements are met. b. Residential Uses: Minimum yards: Front, twenty-five (25) feet, side, fifteen (15) feet, rear, twenty (20) feet. Minimum side yards shall be reduced to not less than ten (10) feet in accordance with Section 4.11.3 of the Zoning Ordinance. Setbacks for the townhouses adjacent to the park may be re- duced to five (5) feet surrounding the loop road; 9. Administrative approval of all future site plans and subdi- vision plats. In the spirit of Section 8.5.6.3 of the Zoning Ordinance, the Director of Planning and Community Development shall be authorized discretion over reasonable variations from the approved zoning Application Planj and, - l 1 I 10. Future requests for parking decks or a helistop will require additional planning Commission and Board of Supervisors reviews. Mr. Martin then made motion, seconded by Mr. Perkins, to approve SP-92- 66, with no conditions, as recommended by the Planning Commission. Roll was called and the motion carried by the following recorded vote: AYES: Mrs. Humphris, Messrs. Marshall, Martin, Perkins, Bain and Bowerman. NAYS: None. n Agenda Item No.8. Set public hearing to amend Section 12-34, Inopera- ble Vehicles, of the Albemarle County Code. (Mr. Martin left the meeting at 8:10 p.m.) Mr. Tucker said the Albemarle County Code, Section 12-34, regarding' Inoperative Vehicles, currently states "It is unlawful for any person, firm or corporation to keep, except within a fully enclosed building or structure or otherwise shielded or screened from public view, ... any motor vehicle, trailer or semitrailer, ... which is inoperative." An amendment to the Code of Virginia, Section 15.1-11.1, deleted the word "public" and it now reads "from view..." The County Attorney has requested that the Board consider this change and set a public hearing to amend the County Code by deleting the word "public" from Section 12-34. Mr. Tucker said deletion of the word "public" from the County Code removes any ambiguity in defining who is protected from the view of inopera- tive vehicles. A specific example would be the status of neighbors or other property owners whose inoperative vehicles may be visible but who may not have had status as "public" in the Code. The proposed Code amendment would remove this ambiguity and thus mirror the Code of Virginia. Mr. Tucker said staff recommends that the Board set a public hearing for April 7, 1993, to amend the Code of Albemarle, Section 12-34. Mr. Perkins made motion, seconded by Mr. Bain, to set a public hearing for April 7, 1993, to amend the Code of Albemarle, Section 12-34. Roll was called and the motion carried by the following recorded vote: