HomeMy WebLinkAboutSUB201000156 Other 2011-01-25 GUIDELINES ALBEMARLE COUNTY PLANNING COMMISSION
ALBEMARLE COUNTY, VIRGINIA
Thank you for attending tonight's Planning Commission meeting. As a courtesy to others, please turn off all pagers and cell
phones during the meeting. If you wish to address the Commission on an agenda item, please raise your hand or stand when the
Chairman (during the 2011 Calendar Year,the Chairman is Duane Zobrist)asks for public comments for that item.
No more than three persons at any meeting will be allowed to speak(three minute time limit per person)during the time set aside AGENDA FOR
for"Other Matters Not Listed on the Agenda From the Public"at the beginning of each meeting. If you are with a group of people,you may JAN VARY 25 2011
want to have a spokesperson present your position to the Commission and have others in agreement recognized by standing.
During public hearings,the Commission will try to hear everyone who wishes to speak on a subject. Please use sign up sheets
located on the table outside the meeting room to indicate your desire to speak. Sign up sheets will be provided to the Chair at the beginning
of the meeting. If a previous speaker has stated your position,you may make that known by reference. Each applicant shall be allowed to
make a presentation not to exceed ten minutes,and a closing remark at the close of the hearing on the matter not to exceed five minutes.
Each other person speaking on a matter shall be allowed one appearance not to exceed three minutes. A speaker may not reserve any time
for rebuttal or transfer any time to another speaker. The time limits set forth herein shall not include any time during which the applicant or
other speaker is responding to questions asked by the Commission. The Recording Secretary shall act as the timekeeper. Welcome to this Meeting of the
In order to give all speakers equal treatment and courtesy,the Commission requests that speakers adhere to the following guidelines: Albemarle County Planning Commission
(Note:All comments are recorded on tape);
Come forward to the speaker's podium and state your name(if you have an unusual spelling for your name,please spell it for the Russell (Mac) Lafferty Don Franco
recorder); Jack Jouett District Rio District
Do not speak from your seat or out of tum;
Address comments directly to the Commission as a whole;
State your position and give facts and other data to back it up;
If you represent a group or organization, ask others present to rise and be recognized; Duane Zobrist, Chairman Cal Morris,
Debate is prohibited; At-Large Representative Vice-Chairman
Give written statements and other supporting material to the Clerk (written comments are also welcome if you do not wish to
speak); Rivanna District
Additional speakers are asked to step forward and stand to the side of the aisle in the interest of time; Linda Porterfield
Please hold all applause.
Scottsville District Ed Smith
Secretary, Albemarle County Planning Commission
401 McIntire Road Samuel Miller District
Charlottesville, Virginia Thomas Loach GregKamptner
22902-4596 am p
White Hall District Deputy County Attorney
V. Wayne Cilimberg
Secretary
The Albemarle County Planning Commission meets in the Lane Auditorium, Second Floor,County Office Building,401
McIntire Road, Charlottesville,Virginia, 22902-4596, Tuesdays at 6:00 p.m. Because of the potentially large number of items
presented for consideration, the Commission has established certain guidelines for citizen participation (see back of this
agenda for a complete listing). These guidelines help to ensure that everyone who wishes to speak can do so, and that the
Commission can benefit from hearing as many different people as possible in the shortest period of time.
Matters generally are considered by the Commission in the order listed on the agenda. Matters on the "consent
agenda" are routine and are normally adopted or approved by one motion without discussion. Items listed on the regular
agenda are taken up one at a time. Keep in mind that the agenda is for the convenience of the Commission and the public and
the agenda can be altered by the Commission at any time without prior notice when it is considered to be in the best interest to
do so.
Information concerning agendas and their scheduling is available from the Community Development Department,
296-5832; by calling the Agenda Information Line, 296-5824; or on the Internet at http://www.albemarle.org. If you wish to
have your name added to the agenda mailing list, call the Planning Department at the above number.
FINAL
JANUARY 25, 2011
6:00 P.M. CONSENT AGENDA
LANE AUDITORIUM, COUNTY OFFICE BUILDING
401 MCINTIRE ROAD
THERE ARE NO ITEMS SCHEDULED ON THE CONSENT AGENDA
1. Call to order and establish quorum.
2. Other Matters Not Listed on the Agenda from the Public.
3. Review of Board of Supervisors Meeting —January 12, 2011.
4. Item requesting deferral.
a. SP201000033 Four Seasons Learning Center
PROPOSED: PROPOSED: Amend special use permit to increase maximum number of children in
daycare from 40 to 64. No residential units proposed.
ZONING CATEGORY/GENERAL USAGE: PUD Planned Unit Development which allows residential (3 -
34 units per acre), mixed with commercial and industrial uses
SECTION: 20.3.2.1, which allows for child care facilities
COMPREHENSIVE PLAN LAND USE/DENSITY: Urban Density Residential (6-34 units/acre) in
Neighborhood 1.
ENTRANCE CORRIDOR: Yes No X
LOCATION: 254 Lakeview Drive, at the corner of Four Seasons Dr. and Lakeview Dr.
TAX MAP/PARCEL: 061X1-00-00-00500
MAGISTERIAL DISTRICT: Rio
(Elaine Echols)
Defer to February 8`h due to an error in the notification to abutting owners.
5. Regular Items.
a. SUB20100156 Willow Lake
PROPOSED: Preliminary plat for the creation of six single family lots, six duplex lots, and one common
space lot on 7.42 acres. This application includes a request to modify Section 4.2.3.2 of the Zoning
Ordinance to allow activity on critical slopes.
ZONING CATEGORY/GENERAL USAGE: R4 Residential
SECTION: Chapter 14 Section 206 of the Subdivision Ordinance; and, Chapter 18 Section 4.2 of the
Zoning Ordinance
COMPREHENSIVE PLAN LAND USE/DENSITY: Neighborhood Density in Urban Area 4
ENTRANCE CORRIDOR: Yes
LOCATION: Southeast side of Willow Lake Drive, approximately one quarter mile from its intersection
with Route 20S.
TAX MAP/PARCEL: 77E1-01-00-01700, 77E1-01-00-000B0, 77E1-01-00-00000, 77E1-02-00-000A0,
MAGISTERIAL DISTRICT: Scottsville
(Summer Frederick)
6. Old Business.
7. New Business.
a. Resolution of Intent—Zoning Ordinance Fees
(Greg Kamptner)
8. Adjournment-8:00 p.m.
THERE IS NO PLANNING COMMISSION MEETING ON TUESDAY, FEBRUARY 1, 2011. THE NEXT
PLANNING COMMISSION MEETING WILL BE HELD ON TUESDAY, FEBRUARY 8, 2011.
COUNTY OF ALBEMARLE
Department of Engineering&Public Works
MEMORANDUM
TO: Elaine Echols, Senior Planner
FROM: Glenn E. Brooks, Senior Engineer GE8
DATE: 26 January 1999
RE: Willow Lake, preliminary plat
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Preliminary Plat Review: CV,fet tq—fib —AUD11° k_
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The preliminary plat received on 14 January 1998 has been reviewed. A site plan for townhouses
was approved for this property in 1990, entitled "Willow Lake, Lots S-Y" by Gloeckner &
Osborne, Inc. An erosion control plan was also approved, and is currently active, with a bond
held by the County. The current proposed plat will necessitate that a new erosion control plan,
application and fee be submitted, and the bond amount will be revised when plans are approved.
The Engineering Department will recommend approval of the new preliminary plat when the
following items have been satisfactorily addressed.
1. Indicate the source of topography and the property line survey. Indicate the rest of the
topography for the lake; the primary concrete spillway and rip-rap channel, the footbridge,
and the rest of the berm, and the piers. Also, show all existing topographic features, such as
the potential wetland areas at the inlet, the walking path around the lake, the footbridge to
the island,trees and vegetation, the silt trap and berm below the existing Willow Lake
Drive houses, the existing dirt road into the property, etc.
2. Indicate the size of existing storm drains on the plan, and show all existing pipes and
channels, and streams, and erosion control measures left in place. The slope around the
existing storm drain across from Maple Avenue is badly eroded and must be repaired. In
addition, badly eroded channels lead down to the flat area on lots 4-9, and to a slope pipe
drain from this area down to the lake. A spring and small stream channel is located on lots
12-13, which must be accommodated.
3. By definition in the Water Protection Ordinance, the lake is part of the "contiguous non-
tidal wetlands" of Cow's Branch. The 100' stream buffer extends from the edge of the lake
and wetland area at the head of the lake. There is an area of potential wetlands at the top of
the lake. Wetland impacts and any necessary permitting must be coordinated with the
Army Corps of Engineers. It is preferable to move the road and cul-de-sac to avoid wetland
and stream buffer impacts. If it can be demonstrated that there is not an alternative
alignment that will avoid these impacts (W.P. Ord. 17-321.5), then a mitigation plan may be
authorized for encroachment into the most landward 50' of the buffer. (W.P. Ord. 17-
321.2, Please contact David Hirschman and Jack Kelsey for concerns regarding this
comment.)
4. Clarify the 100yr flood limits and approximate elevations on the plan. The lines in this area
of the plan sheet run tog-`L,r and are not clear. A detailed si of the flood limits will-be -
required for final road p and final plats. This flood stud) _11 be required to
demonstrate that all lots remain accessible during the 100 year storm, as well as
demonstrate that the dam and emergency outlet structures for the lake will operate without
damage. The study performed in 1989-1990, which was given to the applicant before
submission of this plat, indicates only that the liake will serve to meet a l0yr storm detention
requirement. The berm next to Cow Branch wr built as a result of this study, to separate
the lake from 10yr flows only.
5. The copy of deeded covenants submitted as proof of the developer's right to construct
improvements on the lake property, and use the lake for sedimentation purposes, has been
reviewed by the County Attorney's office. Since it is not the role of the County to
determine whether an applicant may exercise a particular right under a document between
private parties, we limit our review in these situations to determining whether the applicant
has made a prima facie showing that it has the right it claims, and allow the applicant to
proceed —subject to final resolution of any disputes between the private parties. There is
insufficient information to make the preliminary determination in this case. Therefore, the
developer must submit a written response to the following:
1. Is the developer a successor to, or assignee, of the Covenants; or, in the
alternative, is the developer a licensee of the declarant or its successor or
assignee?
2. Is the lake part of the "Lots, Parcels or Common Properties" referred to in
Section 5.01 of the Covenants which are subject to the easement (the
Common Properties are those identified in Section 4.01 of the Covenants)?
3. Is the developer's purpose for exercising the easement rights one of those
listed in Section 5.01 of the Covenants?
If it is determined that the developer has made a prima facie showing, the Willow Lake
HOA will be advised, so that it may take measures to protect rights it believes it has with
respect to the lake.
Critical Slope Waiver Request:
The request for a waiver to develop on areas of critical slopes received with the preliminary plat
has also been reviewedet4-critical slope waiver was granted with Planning Commission approval
for the site plan approved in 1990.- is plan and request does not substantially differ from that
previous one, however the disturbance has been extended slightly to the south. What does differ
significantly is the surrounding property, in that there are now adjacent residences, and the lake
does not belong to the developer.
The areas of critical slopes are shown as shaded areas on the preliminary plat. Field
measurements indicate slopes of 30%-42% behind the existing homes on Willow Lake Drive. Of
the total 6.52 acres on the property, all of it is critical slopes, except for approximately 0.9 acres
of flat area below the Willow Lake Drive slope on the northeast side of the property. This
appears to be a flat area graded out long ago for building pads, with some erosion control
measures which are still in place.
The applicant's justification, which is attached for reference, states only that design will
minimize land disturbanc id provide a drainage system and ;ion control plan.
Below, each of the considerations from section 4.2 of the Zoning Ordinance is addressed:
"movement of soil and rock"
There is inadequate grading information and detail provided to make a proper
assessment.
The applicant is showing that the 2:1 slopes along Willow Lake Drive will remain, and
2:1 slopes will be cut into the hill behind the existing lots on Willow Lake Drive. This proposed
grading does not look possible, as there are substantial rock outcroppings on the upper side of
this hill.
It should be noted that in similar situations where units are built into hillsides, building
pads are carved out of the hill, with retaining walls in the back. Alternatively, basement
retaining walls are used on the units, with fill placed between the units. The proposed density and
this expected manner of grading behind and around the units makes the provisions for drainage
problematic. In either case, the unifoin ly graded slopes shown on the preliminary plat do not
reflect the post-development conditions.
"excessive stormwater runoff'
There is inadequate grading information and detail provided to make a proper
assessment.
The proposed density and expected manner of grading behind and around the units (as
discussed above) makes the provisions for drainage problematic. This has been a problem in
similar situations with steep hillsides in back of units.
The exposure of rock, and the spring on the hillside will increase drainage concerns.
"siltation of...bodies of water"
There is inadequate information to demonstrate that stable slopes and drainage above the
lake can be reasonably designed and constructed.
Because this development is on the edge of the lake, and into it, the siltation of Willow
Lake during construction is unavoidable. The applicant realizes this, and has proposed to lower
the water level of the lake and use it to collect sediment during the construction period. For this
reason it is essential that proper easements or permission be obtained from the owners of the lake
(see comment 5 above).
"loss of aesthetic resource"
The slopes to the northeast are road embankments, with badly eroded gulleys and various
trash and construction debris strewn about. There is thick underbrush and some small trees. To
the southwest, behind the existing lots on Willow Lake Drive, larger trees and a more natural
forested hillside remains. There is a well maintained nature walk around the lake which takes
advantage of the natural area. Both the walk on this side of the lake, and the forested area will be
lost.
"greater travel distance of septic effluent"
This site is services by public sewer, and septic effluent will not be a concern.
Based on the review present above, the Engineering Department requires that grading plans be
provided at a scale and level of detail equivalent to those required with a preliminary site plan
(Sub. Ord. 14-304, 14-308.B). In addition, a final grading plan should be submitted with the
road plans.
Final Plat and Plan Conditions:
Final plats will be subject to Albemarle County Engineering review of all relevant final plat
requirements and the following conditions:
a. Engineering Department approval of a revised erosion control plan.
b. Engineering Department approval of stormwater management BMP plans, and stream buffer
mitigation plans if required. This will include receipt of a completed facilities maintenance
agreement, and a completed stormwater management plan application and fee.
c. Engineering Department receipt of proof of compliance with State and Federal agencies
regulating activities within jurisdictional streams and wetlands.
d. Engineering Department approval of a flood limits study for Cow Branch and Willow Lake.
e. VDOT approval of right-of-way improvements.
f. Engineering Department approval of road plans and drainage computations. This must
include final grading plans with building footprints, at a scale and level of detail equivalent
to a final site plan.
g. Roads built or bonded in accordance with the approved road and grading plans.
VDOT Review:
The VDOT comments are attached. The route number and sight easement must be shown on the
preliminary plat. The striping for a left turn lane on Willow Lake Drive is supported by the
Engineering Department.
Please contact me if you have questions or require additional information.
attachment (VDOT comments)
Copy: SUB-98-276
File: willow 1.doc
i N. -2?' 99 (FRI ) 12 : 49 VDOT LL TEL: "' 979 : 59 P. 002
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
P.O.BOX 2013
DAVID R. GEHR C ARLOTTESVILLE.22802-2013 A.G.TUCKER
COMMISSIONER RESIDENT ENGINEER
January 22 , 1999
Site Review Meeting
January 2S, 1999
Mr. Jack Kelsey
Dept. of Engineering
401 McIntire Road
Charlottesville, VA_ 22902
Dear Mr_ Kelsey:
The following are our comments:
SDP-98-168 Store-It-Right Preliminary Site Plan, Route 649
• Roadway connection at Route 649 needs to be shown on site plan_
> Roadway entrance connection at Route 649 should be widened for better
alignment with Worth Crossing (Route 1722) and stripped for 2 egress lanes
and 1 ingress lane.
SUB-99-008 alenmore, Section P-2C Preliminary Plat, Route 250 E.
• Indicate total number of lots approved. todate.
SUB-98-276 Willow Lake Preliminary Plat, Route 1135
> Indicate route number for Willow Lake Drive (Route 1135) .
• Indicate existing sight easement and deed book reference_
> Existing plants within sight easement, east of entrance, will be required
to be removed_
> Existing entrance will require a resurface, milling will be necessary prior
to overlaying_
TRANSPORTATION FOR THE 2T ST CENTURY
4 •
J.AN: -22. 93 (FRI ) 12 :49 `'DOT OV'ILL TEL 804 9"9 59 _ P, QD-0
Page 2
•
January 20, 1999
Mr. Jack Kelsey
Site Review Meeting
• Recommend the pavement be stripped for a 100' left turn lane. Adequate
pavement width exists to allow for markings. (Cost for left turn to be at
developer's expense, remaining stripaing cost of roadway to be incurred by
VDOT) .
SDP-96-006 Fontana Preliminary Plat, Route 20 N.
> Based on pavement marking requirements, access to Lot 170 will need to be
located near the eastern property line.
> To reiterate, signal requirements at Route 20 and Fontana Drive will be at
developer's expense when warrants are met. (Add "at developer's expense" to
Note 2 0)
If you should have concerns with these comments, please discuss with our
office prior to sharing with the applicants.
Sincerely,
- 141- 42
- E. Kesterson
Per. 6: Sub. Spec. Supv.
JHK/ldw
cc: Karen Kilby
=rma vonKutzleben