HomeMy WebLinkAboutZMA199500021 Minutes 1996-05-08 000095
May 8, 1996 (Regular Night Meeting)
(Page 2)
FURTHER RESOLVED that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of
Transportation.
* * *
_ The road described on Additions Form SR-5(A) is:
Berkmar Drive, from Station 78+41, right edge of
pavement of Rio Road (State Route 610), 973 lineal
feet, to Station 88+14, end of previous dedication of
Berkmar Drive as recorded by plat dated March 1, 1993,
in Deed Book 1295, pages 107-140 in the office of the
Clerk of the Circuit Court of Albemarle County, with a
right-of-way width of 60 feet. Additional sight,
drainage easement, and right-of-way plats recorded in:
Deed book 1298, pages 450-458; deed book 1392, pages
76-83 and pages 91-98; deed book 1330, pages 501-504;
deed book 1384, pages 18-21; and deed book 985, pages
698-704.
Item 5.2. Copy of Planning Commission minutes for April 2, 1996, and
April 23, 1996, were received for information.
Item 5.3. Notice from the State Corporation Commission dated April 12,
1996, that United Telephone-Southeast, Inc. has applied for a certificate of
public convenience and necessity to provide interexchange telecommunications
services and to have its rates determined competitively, was received for
information.
Agenda Item No. 6. ZMA-95-21. Cathcart Properties & Denico Develop-
ment. Public hearing on a request to rezone approx 11.6 ac from R-1 to PD-SC
located on E sd of Avon St opposite entrance to Mill Creek North & Mill Creek
Drive. Site is recommended for High Density Residential (10.01-34.0 du/ac) in
Neighborhood 4 in the Comprehensive Plan. TM91, P2. Scottsville Dist.
(Advertised in the Daily Progress on April 22 and April 29, 1996.)
(NOTE: Mr. Bowerman abstained from the discussion on this zoning
petition. He left the room at 7:03 p.m.)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's Office with the permanent records of the Board of Supervisors. He
said the applicant requests a rezoning of approximately 11.6 acres to Planning
Development-Shopping Center, PD-SC, to allow construction of a retail center.
Access will be from the proposed Route 20/Route 742 (Avon Street) connector
which will actually split the commercial zoning, with an area to the north,
and an area to the south of the intersection to be created. The applicant
proposes construction of 85,000 square feet of various commercial uses and
submitted a detailed description and justification for this use. Mr.
Cilimberg said this area was recommended in the 1989 Comprehensive Plan for
high density residential. With the level of development that has occurred in
the neighborhood, an area of commercial will be necessary to support the
neighborhood. The area proposed for development has been recommended by the
Planning Commission as Community Service use in the update of the Comprehen-
sive Plan which has not yet been adopted. The proposal is consistent with the
land use proposed.
Mr. Cilimberg said reservation of the land for the connector road was
reserved under a prior plat. The applicant designed the access to the site to
allow for entrances involving left-turn lanes on the connector road about 400
feet to the east of its intersection with Route 742. There will be two points
of access on each side. The applicant has proffered to restrict the PD-SC
— area retaining those uses which are appropriate under the Community Service
designation in the proposed Land Use Plan. There is one modification in-
volved, and that is the buffer zone adjacent to residential zoning districts
(all adjacent areas are zoned residentially or developed in nonresidential
uses and are not anticipated to be residential) . Staff recommended that the
reduction of the buffer areas be allowed. Staff found this site to be a
reasonable and appropriate location for commercial uses, so recommended
approval subject to acceptance of the applicant's proffers (today a proffer
with the most recent wording was handed out) . In addition, the Planning
000096
May 8, 1996 (Regular Night Meeting)
(Page 3)
Commission, at its meeting on April 2, 1996, unanimously recommended approval
of ZMA-95-21 subject to acceptance of the applicant's proffers.
Mrs. Thomas asked at what stage the Board might be able to ask that this
development be as pedestrian-friendly as possible. Mr. Cilimberg asked for a
definition of "pedestrian-friendly". Mrs. Thomas said if this is a community,
and the proposal is for a neighborhood shopping area, and there are many
people within what could be called "walking distance", is it possible to walk
to the shopping area? Mr. Cilimberg said there is the question of how
pedestrians would get to the site. Route 742 is not scheduled for improve-
ments, and it does not have sidewalks. Without knowing what the ultimate
improvements of Route 742 might be, it does not make sense to require side-
walks on this application because the sidewalks would connect to nothing.
However, on the connector road from Route 742 to Route 20 there will be
sidewalks, and the applicant will have sidewalks on both sides of the connec-
tor road along their frontage. There is also the issue of pedestrian-friend-
liness within the complex. The applicant does not propose to construct any of
the buildings along sidewalks. If there is a design feature the Board is
interested in for pedestrian access, that should be discussed at this stage of
the hearing. One of the issues that arose at the Planning Commission meeting
was the opportunity to get a crossing between the two sides. That was the
pedestrian discussion that occurred at that time. One of the Commission
members felt it would have been good to have this whole development on one
side of the connector road. Unfortunately, the connector road was already
located and their property did not lend itself to doing that. There was the
question of crosswalks which could be signalized. The crosswalk issue would
be one to discuss with the Department of Transportation in conjunction with
signalizing the intersection. Potentially that discussion could take place as
part of the connector road construction.
With no further questions from the Board members at this time, the
public hearing was opened.
Ms. Denise LeCour, President of Denico Development, was first to speak.
She and Rip Cathcart, President of Cathcart Properties, are the applicants for
the rezoning. The property faces Route 742 and is directly across from the
entrance to the Mill Creek Community. The proposed connector road is not due
to their request, it has been in the County's Capital Improvement Program for
many years. There is no direct ingress or egress to their property from Avon
Street Extended, is limited to the connector road. The two westernmost
entrances are right-hand turns only and the concrete median will be built by
the developer. The two easternmost entrances will be both ingress and egress.
VDOT has said that with completion of the County's new high school, and with
completion of the shopping center, the intersection will be signalized. VDOT
also said that when the shopping center is fully developed, should the need
arise, the developer will need to have another left-turn lane with possible
signalization. This is hoped to be a community shopping center, but the
developers cannot put crosswalks on VDOT lands or streets, or across from Mill
Creek. They are receptive to anything that will make the development
pedestrian-friendly.
Ms. LeCour said the properties around theirs are residentially zoned,
but there are no residences adjacent. The property immediately to the north
is the Calvary Baptist Church, to the south is a water tower owned by the
Albemarle County Service Authority, and the 140 acres to the rear and east of
them is owned by the County of Albemarle and that is where the new high school
will be located. She said the physical size of the high school itself is more
than one-quarter of a mile from the shopping center. Ms. LeCour said when the
Architectural Review Board reviewed this property in 1994 they recommended a
35-foot vegetative buffer along the connector road and Route 742. The buffer
t will be landscaped and there will be no building in it. If Route 742 is
I. widened in the future, the 35 feet is measured from the right-of-way, and they
assume that any expansion of the road will be within their right-of-way, so
the buffer would remain intact.
Ms. LeCour said they wanted a community shopping center, and they did
not want uses that would attract people from other parts of the County. To do
that, they proffered out 14 by-right uses in the PD-SC zoning. They believe
there is a need for this shopping center. In Neighborhood 4, which is the
area south of I-64, east of Biscuit Run, west of Route 20, and north of the
May 8, 1996 (Regular Night Meeting) 000097
(Page 4)
intersection of Routes 20/742, as of 1995, there were 932 residential dwell-
ings and no community shopping center. In 1998, the estimate is for 1400
dwelling units. The developers of Lakeside will add another 200+ units in the
next year.
Originally, there were 6.88 acres of designated commercial lands in the
1989 Comprehensive Plan which were located north of the entrance to Mill
Creek. The topography did not lend itself to being developed as a shopping
center, so in 1993 the owners asked that the property be downzoned to medium
density residential. At that time, County staff was directed to find an
alternative site for commercial. In the proposed update to the Comprehensive
Plan, staff chose this site, and they believe this is an excellent choice.
People from Willow Lake can access the connector road, so will not have to use
Route 742 (Avon Street Extended) . That is not true of any other site on Route
742. it will alleviate the increased traffic that might otherwise occur.
Ms. LeCour said one of the major concerns expressed by the public has
been traffic. She said that at this time many people go along Route 742,
through the City and to Route 29 North for shopping, and then retrace those
steps. If these people would use this shopping center instead, it would
eliminate that trip on Route 742. She feels that many people will stop at the
shopping center on their way home from work, so that is not an additional trip
on Route 742. She believes there will be reduced traffic on Route 742 because
of the uses they have proffered out.
Ms. LeCour said they have heard many times about aesthetic appeal, and
what the shopping center will look like. She and Mr. Cathcart believe they
are high quality developers. She suggested that the Board members look at
some of their other developments in the City and County. They are committed
to being long-term developers. If anyone doubts that, she said they will have
invested $21.0 million in Lakeside upon its completion. They have a vested
interest in making sure that shopping center will look nice.
Ms. LeCour said the property is in the Entrance Corridor and under the
control of the Architectural Review Board. The ARB has high and strict
standards, which she supports. She said Avon Street rides along the spine of
the hill. In Mill Creek, Mill Creek South and Lake Reynovia, the houses at
the entrances are actually below the grade of the street. The same thing will
happen on the other side of the road. The buildings at the rear of the
property will be ten to 15 feet below the grade of Avon Street. The fact that
this is a retail development will help because retail is usually constructed
only on one-story. The visual impact will be minimized. The last concern is
about light pollution. They are using fixtures which direct the light down
into the shopping center. There is no bleaching or washing of light onto
adjacent properties. Also, lighting is a very sensitive issue with the ARB.
Ms. LeCour said they believe the shopping center will be of benefit to
all of the residents of Neighborhood 4 and Albemarle County. There will be
85,000 square feet of retail space and this will add to the tax base of
Albemarle County without putting a burden on the school system. in addition,
with all the retail, it will create a lot of jobs. These are two tangible
benefits to the County. She requested that the rezoning be approved tonight,
and she then handed in a petition containing 286 signatures of people who are
asking that this be request be approved.
Mrs. Humphris said since there were so many people present tonight to
speak about this rezoning, she was going to limit the number of comments. She
asked for a show of hands of those who wished to speak in opposition (five
people raised their hands). She then asked for a show of hands of those
!r"1 present in support of the issue. Mrs. Humphris then said she would allow five
people to speak on each side of the issue.
First to speak was Mr. Joseph Gottlieb from Mill Creek South. He said
he is a retired engineer and real estate developer. Personally, he opposes
the shopping center in order to keep the area in a pristine nature, but he
recognizes that many of his neighbors feel it is a convenience and it should
go forward. Putting his personal feelings aside, if the Board feels the
petition has merit and should go forward, he asks that some of the points made
by the developer be considered, i.e., some limitation and the type of stores
be imposed on the developer in order to control future expansion of the
shopping center. If this is to be a modest development, he believes it should
May 8, 1996 (Regular Night Meeting) 000098
(Page 5)
serve the 1400 residences in the immediate area. If traffic is induced to
this area as the shopping center expands, the whole traffic pattern might be
quite different.
Mr. Dave Shaw said he lives in the village homes in Mill Creek directly
_ across the street from the proposed development. He supports the development.
When he bought his home four years ago, he signed an agreement that he knew
the development would occur and one of the reasons he bought in Mill Creek was
because he knew there would be a shopping center. They like the urban style
of life. They are a little confused as to why there is trouble getting the
1.1 shopping center there. It is a beautiful community, and the developers are
doing a good job. He bought only one-tenth of an acre, and he loves it. The
area is becoming a community unto itself. He knows his neighbors. They walk
in the evenings. There is a school coming in. This will only add to that
sense of community. He supports Mrs. Thomas' idea of sidewalks. With the
elementary school, and now the high school, he thinks bikepaths along Avon
Street would be good. He believes this shopping center would reduce the
traffic pressure on the Belmont area of the City. With the traffic light
going up when the school is opened, he believes people who now use Avon Street
coming into town, may stay on Route 20 and that might ease the traffic
pressure on Avon. He understands that the Highway Department has agreed the
speed limit on Avon should be 45 mph. The reduced speed limit and the light
will be an aid to the people in the area. Mr. Shaw believes this developer is
an excellent developer. It is a good project, good for the neighborhood,
gives a sense of community, and he supports it.
Mr. Dave Martin said he supports the proposal before the Board tonight.
The shopping center is welcome to him, his family and many of the residents in
the Mill Creek Subdivision. They moved into Mill Creek because of its
aesthetic value; because it is close to the University Hospital where he and
his wife work; several friends recommended the area for its schools; it was
close enough to town to be accessible, but far enough away to be in the
country; and because development in the area is well-planned and would not
disrupt much of the natural beauty. Mr. Rip Cathcart presented his plan for
rezoning and development at several meetings where the homeowners in Mill
Creek were able to express their comments. There was opposition expressed at
these meetings. Some individual legitimately expressed concern that any
development across Avon Street might increase traffic, light and noise in the
area. However, with the new County high school in the area, development is a
given, and it is in the community's interest to express concern about the
type, and not the existence, of development.
Mr. Martin said the Homeowners' Association Board recently stated in a
letter: "It is the feeling of the Mill Creek Homeowners' Association Board
that since it is inevitable that a shopping center will be built in this
location eventually, Mill Creek homeowners would prefer to see it built by
someone with a commitment to the neighborhood and a proven track record in
building high quality projects." Mr. Martin said this project will not add
redundancy to the area, it will bring community services to an area whose
residents now add to the traffic downtown as they cross town to find the
services proposed in this plan. He encouraged the Board to approve the
rezoning petition. (A copy of Mr. Martin's full statement is on file in the
Clerk's Office with the permanent records of the Board of Supervisors.)
Mr. Charlie Vials, a resident of Mill Creek Village Homes, spoke to
oppose the development. He does not doubt the good intentions of the develop-
ers. His house is right across the street from the proposed development. His
son's window faces the development. There is no way he can be convinced that
this is a good thing for his son. Traffic will get higher, etc. In reference
to pedestrian traffic, everybody lives to the west of Avon Street, so if one
I-1 wants to walk on foot, they will have to cross Avon Street. At this time,
there is no way to do that except to sprint across. If that is of concern,
that should be taken into account.
Ms. Peggy Booker said she lives in Mill Creek South. When this develop-
ment was defeated a few months ago, she was disappointed. It is not conve-
nient to go to the grocery stores on Route 29 North, particularly for only an
occasional item. She thinks a small shopping development is needed in the
area. It has been discussed by the residents in the development, and it seems
to meet all of the aesthetic considerations. She is happy with what Mr.
Cathcart has done in his Lakeside development. She is sorry that the people
May 8, 1996 (Regular Night Meeting) 000099
(Page 6)
who own homes right along the road will be disturbed by traffic and lights,
but anyone who lives that close to a highway must expect to be disturbed by
traffic. She asked the Board to approve this request.
Ms. Susan Stuttman said she lives in southern Fluvanna County just
_ outside of Scottsville. She travels 20 miles each day to work at the Univer-
sity of Virginia Medical Center. She thinks a shopping center on Avon Street
Extended would save her at least 30 minutes travel time. She said the traffic
is already coming in from the southern part of the County, so Albemarle County
n would benefit by bringing in tax revenue, but the biggest thing for her is the
convenience, and to cut down on travel time. She helped to collect some of
the names on the petitions. She noted that her only concern had to do with
the lighting, and she understands that issue has been addressed. She urged
the Board to approve this shopping center.
Ms. Donna Thomas said she lives in Lake Reynovia. They have quite a few
people present tonight who are in support of this development. She contacted
just about everybody in her development to get their feelings on this issue
and there were two people who would not say they supported the petition. Of
the 60+ people who live in the neighborhood now, there were only two who would
not support the request. She hopes the Board will consider that when they
make their decision.
Mr. Stu Gardner said he lives in Mill Creek South and is in favor of
this development. He was president of his homeowners' association for two
years. He said there are many babies and small children in the neighborhood.
He knows what it is like to come home and then have to go back out to go
shopping. He believes that all of the aesthetic issues, and all the traffic
issues will be taken care of. He knows the developers and believes they will
do a good job. Everybody is going to save time, but what will they do with
that time? There is a need for two parent, working families to have a place
close by to put their kids. That need is not going away. The question is, if
you want to spend time with your family, one of the things the community can
do is to promote that, and that is one reason to approve the shopping center.
He asked that the Board take that into consideration.
Mr. Glenn Reynolds said he lives in the village home section of Mill
Creek North. He has heard many statements here tonight, and at the Planning
Commission meeting, that trouble him. First, a Commission member said the
need for the shopping center came from the applicant. That is only the
applicant's opinion, and is not his opinion, or others living in his neighbor-
hood. No one called him to ask for his opinion and no one came to the
neighborhood to discuss it. His neighborhood is so new that they have not yet
had their first homeowners' meeting. People from Mill Creek South, Lake
Reynovia, and from even further down Route 20, say this shopping center is
badly needed. It will not be in their backyard, but it will be in his
backyard. The owners in the village homes in Mill Creek North will have to
pay with the loss of their quality of life, their peace of mind, and the loss
of the character of their neighborhood. Those things are worth more than
simple convenience to some people.
Mr. Reynolds said some people said they have been wanting a shopping
center since they moved in. He does not know of anybody who intentionally
buys a home because it is in sight of a shopping center. He said Mr. Cath-
cart's representative stood before the Planning Commission and said the people
in the village homes bought with "their eyes wide open" because they were
shown a map with the shopping center areas laid out in pink. Mr. Reynolds
said he was never shown any such map, and the neighbors he spoke to were not
shown any such map. He and his wife tried to find such information to insure
that this would not happen. He thinks this shows how much the developer
really cares about the community. He does not care about how many people
spoke about Mr. Cathcart's integrity tonight. The issue is not his integrity,
but about putting a shopping center in a place where it does not belong. He
said several people from Lakeside Apartments said how much this shopping
— center is needed. These people do not even own their own homes. They have no
idea what it is like to "be in his shoes" right now. Most of the people in
Lakeside Apartments do not have Virginia license plates.
Mr. Reynolds said the only real reason people seem to be able to give
for having this shopping center is convenience. How convenient do things have
to be? Within minutes from Mill Creek there is plenty of shopping on Fifth
Street five minutes away, Pantops just ten minutes away, Barracks Road is ten
minutes away, Seminole Square is ten minutes away. Most drive further than
May 8, 1996 (Regular Night Meeting) 000100
(Page 7)
that to get to work every day. So where is the inconvenience? Mr. Reynolds
said he believes that if Mr. Cathcart requested $100.00 from every homeowner
to get the shopping center started, not a person would come forward to say
they want it. That shows how much convenience is really worth. At the
Planning Commission meeting, a gentlemen said that Pantops is only convenient
_ during off hours, and not during morning or afternoon rush hours. He wonders
how many people do their shopping during the morning rush hour. Another
person said the shopping center would save fossil fuel and would be good for
the environment. If that is a concern, he suggested that people should do
their shopping on their way home from work at many of the shopping centers
already in existence, and which they pass by on their way home from work.
Second, he has never heard of 11 acres of asphalt being good for the environ-
ment. Even with this shopping center, people will still get in their cars and
drive all over town and out to Route 29 because that is where the majority of
restaurants are. As for the traffic, if you reduce the traffic on Rio Road
alone by one percent and put that one percent on Avon Street, you will not
notice the change on Rio, but it will double the traffic on Avon Street. VDOT
estimated that there will be 12,000 more cars each day created by this
shopping center. The Planning Commission tried to reduce that number, and the
lowest number he heard was 6000 cars per day. Because it is a shopping
center, the majority of that traffic will be between 5:00 P.M. and 8:00 P.M.
That is 2000 cars an hour, or one car every second. When turn lanes are
installed, that will be three or four lanes of traffic at the entrance, and
who will walk across that street. There is no crosswalk there, and the
sidewalks will be down toward Route 20.
Mr. Reynolds said he keeps hearing about "massive" growth. That is just
a buzz word. It is being used to give credence to this plan. He has lived in
Charlottesville all his life and knows the area well. He used to fish and
swim in Lake Reynovia, and have picnics there when he was a kid. He has seen
the growth and it is not something that just sprang up over night. He has
heard it said that there are about 1000 homes in the area now, and that the
number will rise to a maximum of about 1500. The process has taken well over
10 years so far. There is no massive growth. He has heard people say a
shopping center is needed to make them a complete community. Since when is a
community defined by a shopping center? A community is about people. There
will be a new high school in the area soon, and that will be a good thing.
Does a shopping center built uphill from a high school sound like a good
thing? Something to tie the school to the community would be a better choice.
A community center, a recreational area, or a library. He would never
conceive of it being a shopping center.
Mr. Reynolds said that every day you read about the people moving out of
the City and into the County. He does not think they are doing it so they can
live next to one of Albemarle's shopping centers. They are doing it to get
away from that type of thing. He and his wife bought their home for the
character of the area and its rural appearance. He asked that the Board not
let the character and charm that embodies the neighborhood be destroyed by
such a frivolous and unnecessary project. He said that if one looks at the
plan, his particular neighborhood was conveniently left off of the plan. It
has been said that the shopping center is not adjacent to any residential
areas, but there are two village home sections which are right across the
road, and some of those homes are the bare minimum allowed by zoning from the
road, about 25 feet. Those people have no protection. In these two little
neighborhoods, there are $60.0 million worth of homes. Many people bought
their property because they wanted to get away from the City, and they wanted
the character that was there. Part of the money he spent on his house was to
buy into that character and that atmosphere, and he does not want to see that
ruined.
Mr. Corb Audrey said he lives in Mill Creek South. A couple of things
people said "hit home." He has five children and all were vying for his time
tonight, but he came to this meeting because it is important to his family and
neighbors that the shopping center be done well, but that it be done. A
— design is needed so all traffic is not focused on a single point, where
perhaps the entrance is separate from the exit so traffic flow is spread out
in order to facilitate some of the foot traffic people hope will be accommo-
dated. He trusts that the Board will be sure it is done within certain
guidelines. He has trust in Mr. Cathcart and the whole family of Craigs. He
said the Board's job is not easy, but he does support the petition.
Mr. William Florence said he lives in Mill Creek South. He supports the
project for two reasons. While living for six months at Lakeside, he found
May 8, 1996 (Regular Night Meeting) 0001.01
(Page 8)
Mr. Cathcart's word to be good. Second, his wife and he wish they could get
to some of the necessity's a little more conveniently. He has talked to a
number of people in Mill Creek South and all except one person was in favor of
the project. He said this would save them all a lot of car fuel and a lot of
effort.
Ms. Naomi Aiken said she lives in Mill Creek North. She has two
children who attend Cale Elementary. She is in favor of the shopping center.
If apartments go on this property instead of a shopping center, Cale is
already building on. There are three trailers there already. The shopping
center will make after-school jobs for the high school students.
With no one else from the public rising to speak, the public hearing was
closed.
Mr. Martin said that because the Board is closing the public hearing
without listening to everyone, he wants to reiterate that the Board has heard
what was said. He wants to be sure that the Board appreciates all of the
people who attended this meeting tonight.
Mr. Marshall said a few months ago he was campaigning in that area and
knocked on a lot of doors in the community. The number one question he got
was "Why did you vote against that shopping center?" He is going to support
the request tonight because it is buffered. The entrance is not off of Avon
Street but from a road not perceived to be there the last time the Board voted
on this request. There is new lighting proposed. The most important reason
is that he was elected to represent the people, and the least he can do is to
support the majority of the people and that is what he intends to do. He
feels it will be an asset to the area. The area has developed rapidly. It is
a matter of convenience, and is necessary for this area. He feels the Board
should support the request. He then offered motion to approve ZMA-95-21
subject to acceptance of the applicant's two proffers.
The motion was seconded by Mr. Martin.
n
d
Mrs. Thomas said she will continue with what she said earlier about
: ; pedestrian traffic. A developer can't be required to do something the County
has not been requiring all along. With a stop light at that intersection, she
believes this will become a shopping center that people can walk to. She
would hate for anything to be done by the developer to make it less easy to
walk to. Even though there is a tree buffer and a dark green line all around,
she hopes it breaks for pedestrians at the appropriate place. It is not
designed with pedestrians in mind. It is a difficult shopping center with the
cars coming first so pedestrians will have to walk all the way across the
parking lot in order to get to the buildings. She said the Board can only
urge that it be as pedestrian-friendly as possible. She appreciates getting
all the letters she did. The letters were similar, but different from one
another, and that takes a lot of effort. She appreciates that and the people
who came to the meetings.
Mrs. Humphris said she will support the motion. She understands the
negatives that have been brought out by Mr. Vials and Mr. Reynolds, and the
cautions given by Mr. Gottlieb. She feels the positives overall outweigh the
negatives. It is too bad that this can't be a win-win situation. Obviously
it will not be 100 percent that way. She does think the proposal provides a
lot of benefits for that area of the County.
With no further comments being made by the Board members, roll was
called and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Mrs. Thomas, Mrs. Humphris, Mr. Marshall and Mr. Martin.
NAYS: None.
ABSTAIN: Mr. Bowerman.
(Note: The Proffer is set out in full below.)
PROFFER FORM:
Date: Mav 7. 1996
yMA #95-21
Tax Map Parcel(s) #91-2
11.6 Acres to be rezoned from R-1 to pD-SC
May 8, 1996 (Regular Night Meeting)
000102
(Page 9)
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance,
the owner, or its duly authorized agent hereby voluntarily prof-
fers the conditions listed below which shall be applied to the
property, if rezoned. These conditions are proffered as a part of
the requested rezoning and it is agreed that: (1) the rezoning
_ itself gives rise to the need for the conditions; and, (2) such
conditions have a reasonable relation to the rezoning requested.
1. The following uses shall be prohibited:
fwl
22.2.1.a.3 Department Store
22.2.1.a.7 Furniture & home appliances (sales & service)
22.2.1.b.9 Indoor theaters
22.2.1.b.22 Automobile, truck repair shop excluding body
shop
24.2.1.2 Automobile, truck repair shop
24.2.1.4 Building materials sales
24.2.1.9 Factory outlet sales-clothing & fabric
24.2.1.20 Hotels, motels & inns
24.2.1.21 Light warehousing
24.2.1.22 Machinery & equipment sales, service & rental
24.2.1.23 Mobile home & trailer sales & service
24.2.1.24 Modular building sites
24.2.1.25 Motor vehicle sales, service & rental
24.2.1.32 Sale of major recreational equipment & vehicles
24.2.1.34 Wholesale distribution
2. Development of the property shall be in accordance with the
plan titled "Avon Street Retail Development" initialed WDF,
dated 3/27/96.
Hillcrest Land Trust
Charles W. Hurt (Signed) Charles W. Hurt (Printed) 5/7/96
Signatures of All Owners Printed Names of All owners Date
Shirley L. Fisher. (Signed) ghirley L. Fisher (Printed) 5/7/96
Trustee
(Note: The Chairman called for a recess at 8:10 p.m. The Board
reconvened at 8:16 p.m., with Mr. Bowerman present.)
Mr. Cilimberg said he could summarize both ZMA-95-23, Berkmar Land Trust
and First Interstate Charlottesville, Ltd., Ptr. and ZMA-95-25, Gilray,
L.L.C., together since they are adjoining properties. Mr. Bowerman said he
did not object as long as the Board members know he will abstain from any
discussion on the Gilray petition. Mrs. Humphris asked the County Attorney if
this will be all right. Mr. Davis said as long as Mr. Bowerman does not
participate in that aspect, it is all right.
Agenda Item No. 7. ZMA-95-23. Berkmar Land Trust and First Interstate
Charlottesville, Ltd., Ptr. Public Hearing on a request to rezone approx 3.6
acs from R-6 to C-l. Located on W sd of inters of Berkmar Dr & Woodbrook Dr.
This site recommended for High Density Residential (10.01-34.0 du/ac) in
Neighborhood 1 by the Comprehensive Plan. TM45, Ps 108, 91 (part) & 93A1.
Rio Dist. (Advertised in the Daily Progress on April 22 and April 29, 1996.)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's Office and made a part of the permanent records of the Board. He said
the property is located on the west side of the intersection of Berkmar Drive
and Woodbrook Drive and fronts on both roads. The majority of the site is
wooded. The Agnor-Hurt School is located immediately to the south and the Rio
Hills Shopping Center is to the southeast. Pursuant to SP-95-15, a building
— to be used as a day care center has been erected on part of this site. All
adjacent property on the west side of Berkmar Drive is currently zoned R-6.
Staff reviewed the request for compliance with the draft update of the
Comprehensive Plan and the Zoning Ordinance and recommends approval with
acceptance of the proffers, provided that the Board adopts the recommended
land use designations for the updated Plan. The Planning Commission, at its
meeting on April 23, 1996, unanimously recommended approval of ZMA-95-23
subject to acceptance of the applicant's proffers. The Commission also
•
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Dark'P.Bowerman COUNTY OF ALBEMARLE Charles S.Martin
°ia`i°""a` Rw
anna
Office of Board of Supervisors
Charlotte Y.Humphris 401 McIntire Road Walter F.Perkins
Jack&1eL White HallCharlottesville,Virginia 22902-4596
Forrest R.Marshall,Jr. Sally H.Thomas(804) 296-5843 FAX (804) 296-5800
Scorbc,lli Samuel Millar
MEMORANDUM
TO: Robert W. .Tucker, Jr., County Executive
V. Wayne Cilimberg, Director of Planning and
Community Development
FROM: Ella W. Carey, CMC, Clerk.g3'
DATE: May 9, .1996
SUBJECT: Board Actions•of May 8, 1996
At the Board of Supervisors' meeting held on May 8, 1996, the following
actions were taken:
•
Agenda Item No. 1. Call to Order. Meeting was called to order at 7:00
p.m. , by, the Chairman, Mrs. Humphris.
Agenda Item No. 4. Other Matters Not Listed on the Agenda from the
PUBLIC. There were none. •
Agenda Item No. 5.1. Resolution to accept Berkmar Drive into the"State
Secondary System of Highways. ADOPTED the attached resolution. Original
forwarded to Engineering.
Agenda Item No. 6. ZMA-95-21. Cathcart Properties & Denico Develop-
ment. Public Hearing on a request to rezone approx 11.6 ac from R-1 to PD-SC
located on E sd of Avon St opposite entrance to Mill Creek North & Mill Creek
Drive. Site is recommended for High Density Residential (10.01-34 du/ac) in.
Neighborhood 4 in the Comprehensive Plan. TM91,P2. Scottsville Dist.
APPROVED ZMA-95-21 subject to the following proffers:
PROFFER FORM:
Date: May 7, 1996
ZMA #95-21
Tax Map Parcel(s) #91-2
11.6 Acres to be rezoned from R-1 to PD-SC
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the
owner, or its duly authorized agent hereby voluntarily proffers the conditions
listed below which shall be applied to the property, if rezoned. These
conditions are proffered as a part of the requested rezoning and it is agreed
its
'1
•
Printed on recycled paper
1
Memo To: Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: May 9, 1996
Page 2
that: (1) the rezoning itself gives rise to the need for the conditions; and
(2) such conditions have a reasonable relation to the rezoning requested.
1. The following uses shall be prohibited:
22.2.1.a.3 Department Store
22.2.1.a.7 Furniture & home appliances (sales & service)
22.2.1.b.9 Indoor theaters
22.2.1.b.22 Automobile, truck repair shop excluding body shop
24.2.1.2 Automobile, truck repair shop
24.2.1.4 Building materials sales
24.2.1.9 Factory outlet sales-clothing & fabric
24.2.1.20 Hotels, motels & inns
24.2.1.21 Light warehousing
24.2.1.22 Machinery & equipment sales, service & rental
24.2.1.23 Mobile home & trailer sales & service
24.2.1.24 Modular building sites
24.2.1.25 Motor vehicle sales, service & rental
24.2.1.32 Sale of major recreational equipment &vehicles
24.2.1.34 Wholesale distribution
2. Development of the property shall be in accordance with the plan
titled "Avon Street Retail Development" initialed WDF, dated 3/27/96.
Hillcrest Land Trust
Charles W. Hurt (Signed) Charles W. Hurt (Printed) 5/7/96
Signatures of All Owners Printed Names of All Owners Date
Shirley L. Fisher, (Signed) Shirley L. Fisher (Printed) 5/7/96
Trustee
Agenda Item No. 7. ZMA-95-23. Berkmar Land Trust and First Interstate
Charlottesville, Ltd. Ptr. Public Hearing on a request to rezone approx 3.6
ac from R-6 to C-1. Located on W sd of inters of Berkmar Dr & Woodbrook Dr.
This site recommended for High Density Residential (10.01-34 du/ac) in Neigh-
borhood 1 by the Comprehensive Plan. TM45,Ps108,91(part) &93A1. Rio Dist.
APPROVED ZMA-95-23 subject to the following proffers:
PROFFER FORM:
Date: 5-8-96
ZMA #95-23
Tax Map Parcel(s) #45-108, 93A1, 91(part)
3.7 Acres to be rezoned from R-6 to C-1
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the
owner, or its duly authorized agent hereby voluntarily proffers the conditions
listed below which shall be applied to the property, if rezoned. These
conditions are proffered as a part of the requested rezoning and it is agreed
that: (1) the rezoning itself gives rise to the need for the conditions; and
(2) such conditions have a reasonable relation to the rezoning requested.
Permitted uses of the property, and/or uses authorized by special use
permit, shall include only those uses allowed in Section 22 of the Albemarle
County Zoning Ordinance in effect on May 8, 1996, a copy of the sections being
attached hereto, except the following:
Section 22.2.1 Item # 3: Department Stores
Section 22.2.1 Item #10: Newsstands, magazines, pipe and tobacco shops
Memo To: Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: May 9, 1996
Page 3
Section 22.2.1 Item #16: Automobile service stations
Section 22.2.1 Item #22: Automobile, truck repair shop including body
shop
Berkmar Land Trust
Charles W. Hurt (Signed) Charles W. Hurt (Printed 4/17/96
Signatures of All Owners Printed Names of All Owners Date
Charles W_ Hurt (Signed) Charles W. Hurt (Printed] 4/17/96
First Interstate Ch'ville Contract Purchaser
Ltd Partnership
Stephen M. Melton (SicLnedi Stephen M. Melton (Printed) 4/17/96
Agent, William W. Stevenson
Agenda Item No. 8. ZMA-95-25. Gilray, L.LC. Public Hearing on a
request to rezone approx 2.2 ac from R-6 to C-1 located on W sd of inters of
Berkmar Dr & Woodbrook Dr. Site recommended for High Density Residential
(10.01-34 du/ac) in Neighborhood 1. TM45,P109C. Rio Dist.
APPROVED ZMA-95-25 subject to the following proffers:
PROFFER FORM:
Date: 12-22-95
ZMA #95-25
Tax Map Parcel(s)#: TM45, Parcel 109C
2.28+ Acres to be rezoned from R-6 to C-1_
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the
owner, or its duly authorized agent hereby voluntarily proffers the conditions
listed below which shall be applied to the property, if rezoned. These
conditions are proffered as a part of the requested rezoning and it is agreed
that: (1) the rezoning itself gives rise to the need for the conditions; and
(2) such conditions have a reasonable relation to the rezoning requested.
Permitted uses of the property, and/or uses authorized by special use permit,
shall include those uses allowed in Section 22.2.1 of the Albemarle County
Zoning Ordinance in effect on December 22, 1995, a copy of that section being
attached hereto, except the following:
Section 22.2.1(a) (3) (department store)
Section 22.2.1(a) (4) (drug store, pharmacy)
Section 22.2.1(a) (15) (retail nurseries and green houses)
Section 22.2.1(b) (3) (churches, cemeteries)
Section 22.2.1(b) (4) (clubs, lodges, civic fraternal patriotic)
Section 22.2.1(b) (7) (funeral homes)
Section 22.2.1(b) (9) (indoor theaters)
Section 22.2.1(b) (11) (laundry mats)
Section 22.2.1(b) (13) (nurseries, day care centers)
Section 22.2.1(b) (16) (automobile service stations)
Section 22.2.1(b) (20) (dwellings)
Section 22.2.1(b) (22) (automobile, truck repair shops)
Section 22.2.1(b) (23) (temporary non-residential mobile homes)
RIO ASSOCIATED LIMITED PARTNERSHIP
BY: Charles W. Hurt (Signed) Charles W. Hurt (Printed) 5/1/96
General Partner
Signatures of All Owners Printed Names of All Owners Date
•
Memo To: Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: May 9, 1996
Page 4
Agenda Item No. 9. SP-96-08. Dr. Charles H. Wood, Jr. Public Hearing
on a request to establish veterinary office & hospital for small animals in
existing bldg at Airport Plaza. Property at NW corner of Rt 29N & Airport Rd
(Rt 649) . TM32,P38. Rivanna Dist. (This property is zoned C-1 and is
designated for Regional Service use in the Community of Hollymead.)
APPROVED SP-96-08 subject to the following conditions:
1. The building plans for renovations shall provide for sound attenu-
ation to the adjoining space such that sound levels from this use
will not exceed 40 decibels;
2. This use shall have no outdoor runs or pens;
3. Fencing shall be maintained adjacent to the agricultural/residen-
tial property to the rear of this property (Parcel 39) .
Agenda Item No. 10. SP-96-13. Robert Aron. Public Hearing on a
request to enlarge existing dam and & pond located within 100 yr flood plain.
Property is Kinloch Farm located on W sd of Rt 231 about 1/2 mi N of Cismont.
TM65,P7. Rivanna Dist. (This property is zoned RA and is not located in a
designated growth area.)
APPROVED SP-96-13 subject to the following conditions:
1. Albemarle County Engineering approval of hydrologic and hydraulic
computations;
2_ Albemarle County Engineering approval of plans for the dam showing
all grading activities and the existing and revised flood plain;
3. Albemarle County Engineering approval of an erosion control plan;
4. Albemarle County Engineering receipt of proof of compliance with
dam safety regulations through the Virginia Department of Conser-
vation and Recreation.
6
Agenda Item No. 11. ZMA-96-07. Berkmar Drive Extended Properties.
Public Hearing on a resolution of intent adopted by the Board of Supervisors
to rezone properties adjacent to Berkmar Dr to HC. This rezoning will allow
Berkmar Dr to divide the zoning, with commercial zoning on E sd & residential
zoning on W sd of Berkmar Dr. These properties comprise approx 2.8 acs
located on E sd of Berkmar Dr between Woodbrook Dr & Hilton Heights Rd.
TM45,P68 (part) zoned R-15, P68C(part) zoned R-15, P68C1(part) zoned R-6,
P112B(part) zoned R-6 & P109E(part) zoned R-6. These strips were created when
the right-of-way for Berkmar Dr was taken. This site is recommended for
Regional Service in Neighborhood 1 by the Comprehensive Plan. Rio Dist.
APPROVED ZMA-96-07 to rezone the following strips of residential zoning
(approximately 2.8 acres) that are located on the eastern side of Berkmar
Drive between Woodbrook Drive and Hilton Heights Road to HC, identified as
follows:
1. TMP45-68: Parcel A of 7,453.87 sq. ft. (shown on a Wiley and Wilson
plat recorded in Deed Book 1446, page 129) zoned R1S which
was added to Parcel 68 on 12/16/94. (TMP45-68E to 68)
2. TMP45-68C: An unidentified strip of R15 zoning (estimated to be 9400
sq. ft.) is part of what is identified as Residue A (shown
on a Wiley and Wilson plat recorded in Deed Book 1439, page
196) . [TMP45-68C (divided into 68C and C2)]
Memo To: Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: May 9, 1996
Page 5
3. TMP45-68C1: Parcel A of 1636.34 sq. ft. (shown on a Wiley and Wilson
plat recorded in Deed Book 1447, page 668) zoned R6 was
added to Parcel 68C1 on 12/27/94_ (TMP45-80 to 68C1)
4. TMP45-112B: A strip of R6 zoning was split into 3 pieces. Two of these
were added to parcels which are zoned HC while the third
piece was added to a parcel also zoned R6. Parcel Z of
2637.44 sq. ft. was added to Parcel 68C1 and Parcel Y of
4691.21 sq. ft. was added to Parcel 112E (both shown on a
plat by Thomas B. Lincoln recorded in Deed Book 1380, page
493) . (TMP45-81 to 68C1 and 112B)
5. TMP45-109E: A strip of approximately one acre of R6 zoning currently
identified as parcel 109E. (The right-of-way was shown on a
Wiley and Wilson plat recorded in Deed Book 1428, page 546
and was taken from what was then Parcel 109.) The other
3.18 acres of 109E is zoned HC. (TMP45-109 to 109E)
Agenda Item No. 13. Other Matters not Listed on the Agenda from the
BOARD.
It was the consensus of the Board to put Mr. Richard Allen's Home
Occupation Class B permit request on the agenda as soon as possible.
It was the consensus of the Board that staff includes, in its next
review of the CIP, some sort of pedestrian pathway to the new shopping center
at the Avon Street/Southern Parkway connector road. This pathway should be
similar to what was on Georgetown Road.
Consensus of the Board that when and if a traffic light is installed at
the intersection of the Southern Parkway and Avon Street, that pedestrian
phasing be included in the signal light_
Agenda Item No. 14. Adjourn. The meeting was adjourned at 9:37 p.m.
Attachment (1)
cc: Richard E. Huff, II
Roxanne White
Amelia McCulley
Jo Higgins
Bruce Woodzell
Larry W. Davis
Kevin C. Castner
Richard Wood
Jan Sprinkle
File