HomeMy WebLinkAboutFinal PC Minutes 02152022
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - February 15, 2022
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Albemarle County Planning Commission
Final Minutes February 15, 2022
The Albemarle County Planning Commission held a public hearing on Tuesday, February 15,
2022 at 6:00 p.m.
Members attending were Karen Firehock, Chair; Corey Clayborne, Vice-Chair; Julian Bivins; Fred
Missel; Daniel Bailey; Luis Carrazana; and Jennie More.
Members absent: None.
Other officials present were Charles Rapp, Director of Planning; Kevin McDermott; Scott Clark;
Andy Herrick, County Attorney’s Office; and Carolyn Shaffer, Clerk to the Planning Commission.
Call to Order and Establish Quorum
Ms. Firehock said the meeting was being held pursuant to and in compliance with Ordinance No.
20-A(16), “An Ordinance to Ensure the Continuity of Government During the COVID-19 Disaster.”
She said opportunities for the public to access and participate in the electronic meeting were
posted at www.albemarle.org/community/county-calendar when available.
Ms. Shaffer called the roll.
Ms. Firehock established a quorum.
Other Matters Not Listed on the Agenda from the Public
There were none.
Consent Agenda
Ms. Firehock said there was one item on the agenda—the approval of the minutes from January
18, 2022 and February 1, 2022.
Mr. Clayborne moved to adopt the consent agenda. Mr. Bivins seconded the motion, which
carried unanimously (7-0).
Public Hearing
ZMA202000005 Old Dominion Village
Mr. Kevin McDermott, Planning Manager, said the subject property of the rezoning application,
ZMA202000005 Old Dominion Village, was located in the White Hall District. He said 23.68 acres
within the Crozet development area were proposed to be rezoned from Rural Area to the
Neighborhood Model District. He said a community meeting was held for the project on July 29,
2020. He explained the community meeting was held separately from the regular Crozet CAC
meeting because the CAC was in the midst of a master plan update and did not have space in its
schedule. He said the CAC discussed the project on August 12, 2020.
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Mr. McDermott said the subject parcels were marked in yellow on the location map. He said the
green line indicated the boundary of the Crozet development area. He noted a part of one of the
parcels was outside of the development area. He said Route 240/Three Notched Road ran along
the south of the property and extended east to Route 250 and west to downtown Crozet. He noted
Music Today, and Star Hill were located near the site. He said the railway ran south of the
property, and Stonegate Village was located southeast of the site.
Mr. McDermott said one of the parcels had a single residential development, and the other parcel
was the location of Old Dominion Veterinary Office. He said the site was mostly open fields and
various trees. He said there was a 100-year flood plain across the northern portion of the parcels
by Parrott Creek, and he noted there was a WPO buffer associated with the creek. He said
Emerson Commons was a Planned Residential District near the site. He said the area south of
the parcels was zoned for light-industrial use, and the ACME Visible Records site was located
across Route 240 from the parcels.
Mr. McDermott said steep slopes were identified on the property. He noted that on the image, the
critical slopes were marked in orange in the rural area and the preserved slopes were marked in
green in the development area. He said both parcels were marked in white because they were
zoned rural area and were in the entrance corridor overlay.
Mr. McDermott said there were three recommended land uses for the parcels from th e
Comprehensive Plan. He said neighborhood density residential uses permitted densities of three
to six units per acre and small-scale neighborhood commercial development. He said middle
density residential uses permitted densities of six to twelve units per acre and neighborhood-scale
commercial development. He noted middle density was referred to as urban density in the
previous comprehensive plan. He explained green systems uses were areas that provided
ecosystem services, including recreational services. He said the northern portion of the parcels
were recommended for green systems use.
Mr. McDermott said the code of development included all the permitted uses and development
standards for the proposal. He explained block one was designated for commercial uses of 3,000
to 5,000 square feet. He said the veterinary office was over 3,000 square feet, and the developer
proposed the office would remain on the site. He noted the parking for the office would be moved
to the side of the structure.
Mr. McDermott said blocks two through four included the areas northwest of the commercial area
and were identified in the Comprehensive Plan as middle density residential. He said the proposal
recommended single family attached units in the form of townhomes for blocks two through four.
He explained blocks five through 10 were proposed for single family attached units and single
family detached residential units. He said there would be a maximum of 110 residential units, and
the gross density for the two parcels was about 4.65 units per acre. He said the developer
proffered 20 affordable units which was 18% to 21% of the units depending on whether the
developer constructed the minimum or maximum number of units.
Mr. McDermott said the developer proffered 57% of the space for greenspace and amenity areas.
He said the dark green area marked on the image was designated greenspace and fell within the
WPO buffer. He said the applicant proposed the entire marked area be dedicated? to the County.
He said the amenity areas could include recreational space, tree buffers, tot lots, and pedestrian
paths. He said the green area marked in the center was proposed for a water retention pound.
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He said there were two tot lots recommended, and there was an additional amenity area on the
southern boundary of the parcels which would include tree buffers or a dog park.
Mr. McDermott said staff did not require a transportation impact analysis (TIA) because the trip
generation for the development was projected to be about 795 trips per day. He noted TIAs were
not typically required for developments with less than 1,000 expected trips per day. He said
internal public roads with sidewalks and buffer strips were recommended. He explained the
internal roads would have two travel lanes with six-foot buffers and five-foot sidewalks on both
sides. He said the developer agreed to construct a six-foot bike lane, a six-foot planting strip, and
a five-foot sidewalk along the frontage of Route 240. He said turn lanes would be required by
VDOT at the site planning stage if necessary, and cash proffers were offered to offset impacts.
Mr. McDermott noted there were planned nearby transportation improvements. He said the Route
250/Route 240 intersection was in design and proposed to be reconstructed as a roundabout. He
said construction was slated to begin between 2023 and 2024 which coincided with the expected
opening of the proposed development. He said a new road connection was proposed to connect
Park Ridge Drive and Crozet Drive. He said the connection would relieve traffic pressure on Route
240.
Mr. McDermott said the student calculator provided by Albemarle County Public Schools (ACPS)
was used to identify how many students would be generated by the development. He explained
the development would enroll 22 students at Crozet Elementary School, 11 students at Henley
Middle School, and 17 students at Western Albemarle High School. He said Crozet Elementary
School was completing an expansion. He said the elementary school was projected to remain
under capacity for 10 years even considering the school zone redistricting. He said Henley Middle
School was projected to remain under capacity for the same timeframe. He said Western
Albemarle High School was projected to reach capacity within five years. He reiterated that the
developed proposed cash proffers to offset impacts.
Mr. McDermott said a special exception to Chapter 18 section 5.1.11(b) was required for the
development. He explained that the code section required any commercial kennel, veterinary
service, office, or hospital, animal hospital, or animal shelter with soundproof confinements shall
have no structure located closer than 200 feet to any agricultural or residential property line. He
said the applicant proposed to revise the buffer to 50 feet.
Mr. McDermott said a noise study conducted on the veterinary office found the noise level would
not exceed an average of 55 a-weighted decibels at 50 feet. He explained the code section
required the noise level to remain under an average of 55 a-weighted decibels. He noted barking
could be heard at 40 feet, but it was not the primary noise generator in the area, and he explained
the veterinary office did not typically board animals. He said the development would be built
around the veterinary office, so any potential purchasers would be aware of the use.
Mr. McDermott said the applicant proffered 20 affordable housing units for rent or sale. He said
the housing specialist had reviewed the proffer and there were no objections. He said the
applicant had proffered to dedicate the amenity areas to the future HOA. He said 7.8 acres across
the northern portion of the parcels was proffered for the greenway area. He said the developer
agreed to construct a public recreation trail in the area, and they would collaborate with the Parks
and Recreation Department to ensure the site and design met department standards. He said
cash contributions of $3,000 per single-family detached unit and $2,500 per single-family attached
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unit were proffered. He said the contribution could total $283,000 if the developer built to the
maximum density.
Mr. McDermott said staff identified recommended revisions to the application plan that had not
been addressed. He said the applicant had decided to move to the Planning Commission stage,
so staff's comments had been forwarded to the developer. He said staff recommended that the
code of development allow for a wooded buffer along Route 240. He said the buffer should include
a mix of evergreen and deciduous trees and shrubs as determined by the ARB. He said staff
recommended the addition of sound attenuation measures surrounding the veterinary office to
tamper down potential sound impacts to the residential area.
Mr. McDermott noted the developer had separate plans for grading and steep slopes. He said
staff wanted the plans to be combined to confirm there would be no grading of the steep slopes.
He said in the proffer statement, staff wanted the developer to correct proffer 1C to state, "For-
Rent Affordable Dwelling Units." He said the applicant would be required to gain Board approval
to construct a proposed private pump station for the sewage line and to amend the ACSA
jurisdictional area. He said the ACSA jurisdictional area was supposed to align with the
development areas according to the Comprehensive Plan, so the Board was expected to approve
adjusting the jurisdictional area.
Mr. McDermott said the applicant had previously proposed to connect to an existing private pump
station and line associated with Emmerson Commons. He said staff had identified that the
agreement that would have allowed the connection was no longer valid, and the ACSA stated
they did not want a private user to connect to another private line. He explained a connection
directly to the public sewer line had to be identified at the site planning stage. He said the nearest
public line was located to the west of the development across another parcel. He said the
developer would have to attain the required easements associated with the sewer pipe and
identify the connection in order to get site plan approval.
Mr. McDermott said the developer had identified an easement for a gas line located underneath
the parcels. He said the gas line was owned by Columbia Gas, and he noted the company had
no objection to the proposed development. He said the developer would have to continue to
coordinate the easement through the site plan stage.
Mr. McDermott said staff had identified six favorable factors for the request. He said the proposal
was consistent with the Crozet Master Plan and with the applicable neighborhood model
principles. He said the proposal dedicated 7.8 acres surrounding Parrott Creek to the County and
reserved the adjacent areas as amenity areas. He said the proposal provided pedestrian and bike
facilities along Three Notched Road and along its internal network.
Mr. McDermott said the developer proffered up to $283,000 to the County to mitigate impacts to
schools or transportation, and 20 affordable development units were proffered—exceeding the
required 15%. He said staff did not find any factors unfavorable to the request. He continued that
staff recommended approval of ZMA202000005 and the associated special exception,
SE202200010, provided that the recommended revisions identified in the staff report were made
prior to the Board of Supervisors hearing. He said there were recommended motions available.
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Mr. Carrazana mentioned the roundabout proposed for the intersection of Route 240 and Route
250 was scheduled to be completed between 2023 and 2024. He asked if funds were available
in the CIP for the project.
Mr. McDermott said the project was entirely funded by the VDOT Highway Safety Improvement
Program and the state's six-year improvement plan.
Mr. Carrazana asked if there had been other improvements identified for Route 240 from the
intersection to downtown Crozet.
Mr. McDermott said there were not any additional projects along Route 240 with associated
funding. He said there were recommended improvements in the Crozet Master Plan, including
additional bike and pedestrian connections, evaluations for the Crozet Avenue and Three Notched
Road intersection, and better connections across the railroad. He reiterated that there were
funded projects to connect Park Ridge Drive to the downtown development area of Crozet. He
explained the project was funded through a joint agreement with the County, developer, and state.
He noted there were additional proposed improvements to the downtown area. He said the
transportation improvements were expected to provide relief to Route 240 because they provided
alternate travel ways to downtown Crozet.
Mr. Bivins asked if the developer had indicated whether they would construct a turn lane if required
to by VDOT.
Mr. McDermott said the developer did not need to agree to such a condition because a turn lane
would be required if it was identified as necessary as part of the access permit.
Mr. Bivins asked if the turn lane would be in addition to the one already present on the road.
Mr. McDermott said right and left turn lanes would be evaluated, and the applicant had identified
another entrance on Route 240. He said any of the locations could potentially require a turn lane.
Mr. Bivins asked if the 5,000 square foot limitation for the block one commercial space included
the commercial space that was already present.
Mr. McDermott said there was a total maximum of 5,000 square feet. He explained that if the
developer wanted to construct 5,000 square feet of commercial space, the existing building would
have to be removed, or a 2,000 square foot structure would have to be added.
Mr. Bivins asked Mr. McDermott to clarify whether the veterinary office space was included in the
total square footage.
Mr. McDermott said the veterinary office was included.
Mr. Bivins said there was not much space for development because there was a building height
limit of one story.
Mr. McDermott said the height limitation was two stories in the code of development.
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Mr. Bivins asked if the County would be responsible for maintaining the greenway area if it
accepted the dedication from the developer.
Mr. McDermott responded that the County would be responsible for maintenance. He said Parks
and Recreation had worked with the developer regarding the dedication. He said the trail was not
initially included in the application plan, and Parks and Recreation had requested the addition so
that it would not be responsible for constructing the trail.
Mr. Bivins asked if there was an elevation issue that prevented internal road connections between
Altair and Antares roads.
Mr. McDermott said he could not speak to why the connection was not made. He said staff worked
with the applicant on the street network. He said the applicant initially proposed private streets,
and when they were switched to public streets, the connection was removed. He said the Board
wanted public streets. He assumed the design standards prevented the connection.
Mr. Bivins said there was an old sidewalk of 10 feet on the other side of Park View. He asked if it
would be difficult for the applicant to connect that section of sidewalk.
Mr. McDermott said he was aware of the gap. He explained there was one parcel on the westside
of Park View that did not have sidewalk. He said the proposal would not be difficult, but easements
and right-of-way would likely be required and could cause issues. He said the County appreciated
cash proffers because the County was in a better position as a public body to acquire the
necessary property to construct the sidewalk.
Mr. Clayborne asked how the County staff assessed whether a cash proffer was fair and
reasonable.
Mr. McDermott said a cash proffer had to be proposed by the applicant and had to be a fair and
reasonable proffer for the development. He said staff considered the impact of the development
and whether the funding could address any improvements to mitigate the impacts. He explained
what was fair and reasonable was different for each project because different roads had different
constraints and required differing improvements.
Mr. McDermott said there were no significant transportation issues identified in the immediate
surrounding area. He mentioned the intersection issues and improvements of Three Notched
Road and Crozet Avenue, and Route 250 and Route 240. He said the applicant had determined
the cash proffer themselves because they believed it was fair and reasonable and offset the
impacts to the road. He said developments like the Albemarle Business Campus (ABC) proffered
$500,000. He noted that development was larger and located on a busier road.
Mr. Clayborne asked if the proffer money could be used for schools.
Mr. McDermott said the money could be used for schools—there was not a specified use
identified.
Mr. Clayborne said he was trying to determine if the proffer was reasonable. He asked if the
project added 40 pupils, was there a way to determine if the proffer covered the cost of teaching
40 additional pupils.
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Ms. More asked if the special exception requested to reduce the buffer to 50 feet from the
structure to a lot line.
Mr. McDermott said Ms. More was correct.
Ms. More said it would be helpful to see where the 200-foot boundary would be on a map. She
assumed that not allowing the special exception would have a large impact on the development.
She said she wanted to see a visualization of where the 200-foot boundary would be compared
to the 50-foot boundary.
Mr. McDermott said he did not have a 200-foot boundary measured. He said in the noise report,
Attachment 7A, the locations of the sound measurements 40 feet from the structure were
indicated. He said he could display a GIS map to show a 200-foot buffer around the existing
structure.
Ms. More said she would like to hear more justification for the special exception. She said she
read the report and the attachments, and she wanted more information from the applicant
regarding the reason for the special exception. She asked if the percentage dedicated to
greenspace included the amenity areas.
Mr. McDermott said the green areas and amenity areas combined totaled 57% of the development
site.
Ms. More said a portion of the area was the WPO buffer, 100-year flood plains, and critical and
preserved slopes. She asked what percentage of the 57% was constrained land.
Mr. McDermott said the 7.8 acres dedicated to the County included the entire WPO buffer. He
said the steep slope areas were separate and located in the northeast quadrant of the
development.
Ms. More said amenity area two was where the critical and preserved slopes were located
Mr. McDermott said the critical and preserved slopes were partly in amenity area two and in the
dedicated greenspace.
Ms. More said she was worried about disturbance of the slopes due to the function of the amenity
area. She said the staff recommendation to overlay the grading plan with the steep slopes was
helpful.
Mr. McDermott said he could display the 200-foot buffer around the veterinary office. He said the
developer had indicated that if the special exception were not approved, it would be detrimental
to the development because a significant portion of the residential area fell within the 200-foot
buffer zone.
Mr. McDermott displayed a Google Earth map. He said the circle on the map represented the
200-foot buffer surrounding the veterinary hospital. He noted that the buffer extended to Three
Notched Road and crossed into the other parcel of the development. He displayed a section of
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the application plan. He said the buffer would extend to Antares Road and to Altair Road, so the
development would lose parts of blocks two and four, and portions of block nine.
Mr. Bailey said the special use permit for the veterinary clinic was granted on October 5, 1988
with conditions. He said there was a sound study, and part of the applicant's narrative had been
there was limited overnight boarding at the veterinary hospital. He asked if there were conditions
that limited animal boarding. He asked if the veterinary hospital could be prevented from
expanding kennel operations.
Mr. McDermott said he believed the conditions in the special use permit did not limit kennel use
and were related to administrative items. He said if the proposal were approved, the special use
permit would no longer be applicable to the property because it would be zoned for the use by-
right. He said if there were additional conditions imposed, they would have to be part of the code
of development approved for the property.
Mr. Bailey asked if the proposal were approved, could the veterinary clinic add kennel operations
and expand within the existing footprint by-right.
Mr. McDermott said the table of uses in the code of development allowed for veterinary offices
and hospitals.
Mr. Bart Svoboda, Zoning Administrator, said he did not typically make determinations on the fly.
He said veterinary hospitals generally had overnight stay for recovery. He explained the ordinance
addressed noise attenuation from such uses. He explained the purpose of the buffer distance was
to mitigate noise. He said technology had changed to contain and mitigate noise within the
building. He said if the sound ordinance was met, then other conditions were not needed. He said
a similar question had been brought up for a veterinary office near the Forest Lakes area.
Mr. Svoboda said the use and noise ordinance were not in effect in the 1980s and 1990s, and
there were ways to mitigate the uses and concerns that in the past could not be done. He said
stormwater was a similar example—there used to be several conditions applied to projects
regarding runoff before stormwater regulations had been adopted. He anticipated there would be
some overnight stay for recovery incidental and accessory to the animal hospital use.
Mr. Bailey said part of the narrative was the hospital already existed and people knew what they
were buying or renting. He said he wanted to know the chances of the use and noise level
changing from what was expected.
Mr. McDermott added that the conditions of the original special use permit stated the building was
limited to 3,000 square feet, and the kennel use was approved in conjunction with the veterinary
use and shall not be operated independently. He explained the veterinary hospital could not have
a standalone kennel—it had to be associated with the veterinary use. He said the conditions were
not proposed in the code of development from the applicant.
Ms. Firehock asked if the Planning Commission could impose such a condition for approval.
Mr. Andy Herrick, County Attorney, asked if Ms. Firehock meant a condition on rezoning or the
use.
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Ms. Firehock responded she meant a condition to keep in the code of development the prior
condition that the kennel use would be in conjunction with the veterinary use.
Mr. Herrick said that if it were part of the code of development, it could be part of the Commission's
recommendation.
Mr. McDermott said the condition would have to be added to the code of development. He said
the Commission could request that the developer add the condition to the code of the
development and approve it as one of the issues needing to be addressed prior to the Board's
decision.
Mr. Missel asked whether the trail system for the greenway would be self-contained or connect to
a larger trail network.
Mr. McDermott said the plan was only conceptual at the moment, but the trail would extend from
the corner of the entrance of the development on Park View, along the greenway area, and extend
to the edge of the property. He said a second trail would connect to the street network in the
amenity area. He said the applicant dedicated an easement for the trail for public use. He said
the trail was entirely within the two parcels, but there was potential for future connections.
Mr. Missel asked if the ARB would determine the width of the wooded buffer along Route 240.
Mr. McDermott said the width was already determined in the application plan. He believed it was
a 20-foot buffer.
Mr. Missel asked if parking would be off-street or if there was any on-street parking.
Mr. McDermott responded that there would be no on-street parking. He noted there were two or
three small, separated parking areas for guests, and other parking would be in private driveways
or garages.
Mr. Missel noted the CAC had a conflict during its July 29, 2020 meeting. He asked if the CAC
had discussed the project at the August 12, 2020 meeting.
Mr. McDermott said the separate meeting on July 29 was announced to the CAC and many
members attended. He explained the lead planner for the project attended the August 12 CAC
meeting and provided a brief description of the project and received comments.
Mr. Missel asked if there were recommendations from the August 12 meeting.
Mr. McDermott said he went through the CAC minutes and there were no additional concerns
brought up not already covered by the other meetings.
Ms. Firehock asked for more information regarding the type of trail proposed for the greenway
area.
Mr. McDermott said the trail would be similar to the Appalachian Trail. He explained a Class B
trail was in the trail standards and included natural surfaces and would be three to four feet wide.
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Ms. Firehock opened the public hearing to the applicant.
Mr. Katorah Roell said the applicant had ensured the trail would be at the edge of the buffer, avoid
the critical slopes, and avoid the 100-year flood plain. He said the applicant had worked with Parks
and Recreation and engineers on the trail plan. He said the road did not connect internally
because the applicant wanted to preserve the slopes and natural growth in the area. He said the
greenspace in the central area was the front yard of the original house and select trees in the
area had been planted by the original owner's mother.
Ms. Firehock asked if the applicant had a formal presentation.
Mr. Roell said Mr. Martin Schulman was going to present.
Mr. Schulman said he had provided historical and contextual information for the parcels. He said
the purpose of the residential development was to support the employment hub. He noted that
the development supported many objectives of the master plan. He said he had been a part of
four five-year plans, and he had served in the County for 40 years as a veterinarian and on
development groups, including a Route 250 task force.
Mr. Schulman said the Commission identified potential noise issues surrounding the veterinary
hospital. He explained he attended a national conference in Washington D.C. in 1988 where he
selected an architect to build the veterinary hospital. He explained he chose a firm that had built
over 250 veterinary hospitals around the world. He said the insulation and soundproofing
measures used in the structure of the building were up to Wisconsin standards. He said the
building met the noise requirements from 40 feet away, and the noise study was conducted by an
independent engineer.
Mr. Schulman said his personal interest and commitment had been for a continuous greenway
trail. He said his approach to veterinary practice and work on development boards has been
collaborative. He said he wanted to see the dedication of green space become a continuous trail
extending east toward the Beaver Creek dam region and west to the downtown area. He said it
had been a feature and priority to minimize the impact to the Emmerson Commons community .
He noted Emmerson Commons was surrounded by both a visual and noise buffer.
Mr. Carrazana said the kennel was an odd function to have as a center piece of a new village. He
said the space could be used for other amenities central to the community. He asked if the
applicant had considered relocating the kennel and using the space for amenities or other
developments. He said the area was constrained by the existing facility.
Mr. Schulman said the neighboring property to the west was recently rezoned to allow a minimum
of 20,000 square feet of commercial space. He said the property was within 150 to 200 yards of
the parcel and noted there was plenty of opportunity for commercial space. He said due to the
rezoning, the owners had determined there was not a significant need for commercial space
because they had not increased the retail square footage. He said the owners had constructed a
car wash.
Mr. Schulman said the role of veterinary medicine within communities had only expanded. He
said there was no interest for an expanded kennel at the site. He said the veterinary hospital,
which took over when he retired two years ago, had expanded the veterinary staff from a solo
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practice to three or four veterinarians. He explained veterinary practices saw a 30% increase in
visits and demand over the pandemic.
Mr. Carrazana assumed Mr. Schulman was indicating there was no other scenario where the
veterinary practice could be relocated and to open up opportunities in the center of the
development. He said the growth would funnel traffic into the center of the new village. He said it
was an odd function to have as a centerpiece and moving the vet would stop outside traffic from
entering the village as well as open up opportunities.
Ms. Firehock said Mr. Carrazana had an interesting suggestion. She said there could be changes
made before appearing before the Board, but the changes would not be made immediately.
Ms. More noted there was guest parking. She said there was no street parking, and there was
concern about parking from emails she had received. She asked if guests would be able to use
the parking at the veterinary office as guest spaces.
Mr. Roell said there was front street parking near the dog park, basin, and pedestrian bridge. He
said the site plan had been changed to include another guest parking lot.
Ms. More asked if people could park at the veterinary offices.
Mr. Roell said Mr. Schulman would have to negotiate the parking with the veterinary hospital. He
said other uses had been suggested for the veterinary site in the case the veterinary hospital
vacated. He said VDOT did not approve further on-street parallel parking, and the developer was
limited in the parking it could provide.
Ms. More asked if the applicant could provide the number of proposed parking spaces.
Mr. Roell said there were probably 25 spots. He said parking along the frontage and dog park
was removed. He said the developer would approach the suggestion to allow parking at the
veterinary hospital. He said it could be a condition added to the code of development along with
limited kennel use. He said the frontage along Route 240 was designated to be 20 feet or greater,
and the trees had to meet ARB guidelines. He explained a portion of the property to the east was
in the growth area. He said the single-family homes would be isolated from the rest of the
development aside from a pedestrian connection. He said the applicant had spent two years
working on the proposal with staff.
Ms. Firehock said the applicant would have the opportunity to respond after comments from the
public.
Mr. Missel asked if Columbia Gas had issues with roads, curbs, and gutters being constructed on
top of their easement.
Mr. Roell said the applicant had determined the depth of the gas line every 50 feet along the
length of the line. He said the road profile was designed to follow the gas line through the grade—
the reason why the road was not flat and followed the topography.
Mr. Missel asked if the pump station on the current plans was no longer planned.
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Mr. Roell said the pump station would still remain at the lowest point—either near Route 240 or
at the back of the property. He said several discussions had been held with the service authority,
and there were several different avenues to approach the station. He said if there were ways for
VDOT to permit the applicant to build the section of missing frontage sidewalk, they would be
happy to do so.
Mr. Missel asked if the applicant foresaw either option or location for sanitary sewer impacting the
code of development.
Mr. Roell said the applicant did not.
Mr. Bivins asked if the structure in Z104 was a sidewalk.
Mr. Roell said the structure was a pedestrian bridge so as not to disturb any slopes.
Mr. Clayborne asked if the applicant could explain the role of the HOA and an estimated price
range.
Mr. Roell said there was not an estimated price impact. He said the public roads were maintained
by VDOT, unlike private roads. He said property owners were responsible for maintenance of
individual lots, and the impacts to HOA cost requirements would be minimal, other than
maintaining open spaces and playgrounds.
Ms. Firehock said she hoped the HOA would maintain the stormwater facilities. She opened up
the hearing for public comment.
Mr. James Gammon said his address was 802 Stargazer Lane, Crozet, Virginia, 22932. He said
he was affiliated with the Emmerson Commons community. He said he was in favor of more
housing in the area. He said as proposed, the project was claiming to be environmentally
conscious while failing to take into account the lived experience of future residents. He said the
type of high-density design—rows of townhomes with single car garages—typically ended up
being unpleasant places to live. He said there were problems inherent to the design because
developers prioritized maximizing profits at the expense of future residents and neighbors.
Mr. Gammon said severe parking problems were guaranteed with the proposal. He said there
was not enough parking. He noted many of the greenspaces were on the periphery in areas with
a steep grade. He said dedicating the greenspace to the County was a meaningless gesture
because the developer did not have to maintain the property and the land was of little use. He
said the residents would not use the greenspace.
Mr. Gammon said he regularly used a decibel meter. He said a study that suggested noise would
regularly stay below 55 a-weighted decibels at 50 feet was not reliable. He said the study did not
alleviate concerns about noise from the veterinary hospital. He said putting the residential
development within a 200-foot circle was not good for lived experiences. He said he could imagine
a situation where the veterinary office would regularly call a towing company and a bad
relationship among the neighbors would develop.
Ms. Robin Bernhard said she lived at 827 Stargazer Lane, Crozet, Virginia. She said she was
affiliated with Emmerson Commons. She said she moved to Crozet from Charlottesville because
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she saw Crozet as a satellite community. She said she was excited to see the development
happening in the area. She said she wanted to see development that would maintain and preserve
Crozet's rural sensibility. She said she was concerned about the traffic generated by the
development. She said she had lived in Crozet for two years, and she had found problems with
rush hour traffic on Three Notched Road, Route 250, and Interstate 64. She noted traffic was
backed up during rush hour to Beaver Creek Park.
Ms. Bernhard said she was concerned about the environmental impact of 200 additional
vehicles—which would generate 900 metric tons of greenhouse gas emissions annually. She said
the additional cars would impact wildlife and increase light pollution. She said studies had shown
unused parking potential in Crozet.
Ms. Bernhard said the benefits for high density developments occurred when the developments
were near high-volume transportation options with room for traffic flow. She said she did not know
where the traffic from the proposal would go. She said she was concerned and upset by the
development of Old Trail and Crozet Park. She said she did not go to the park anymore because
it had become ugly and suburbanized. She said there were no longer trees, and she missed the
trees. She said the trees protected people from climate change.
Mr. Joe Abraham said he lived at 829 Stargazer Lane. He said he was a member of the Crozet
community and Emmerson Commons. He said he favored livable high-density developments and
the preservation of greenspace and the rural atmosphere of the area. He said some of his
concerns had been addressed.
Mr. Abraham said he was concerned about the management of increased traffic flow, specifically
left turns in and out of the neighborhood and increased traffic at the corner of Park View. He said
the development would increase traffic by 800 trips per day which implied 800 vehicles turning in
and out of the development. He said there was no traffic flow pattern indicated in the proposal,
and the proposal did not indicate where the new turning lanes would be placed or if there would
be a traffic signal. He requested the developers supply the details of a traffic ingress and egress
plan that addressed the concerns.
Mr. Abraham said he was concerned about site safety during construction and occupancy. He
said the gas line was not mentioned in the proposal he had reviewed. He said people should be
aware of the risk with natural gas. He noted the grading plan did not show the steep slopes
overlay, so it was not readily apparent how drainage and erosion would impact the site and
stream. He said the details must be worked out and presented before the plan could be properly
evaluated.
Mr. Abraham said it was necessary future developments plan and build for future resilience due
to climate change. He said developments should include increased storm water capacity and
drought tolerant planting. He said energy costs would be highly variable, and standards for new
buildings should maximize homeowner savings and comfort and minimize energy use. He
continued that construction should follow environmentally friendly building standards and use
environmentally friendly building materials. He said electric vehicle charging should be made
available for each dwelling unit.
Mr. Wade Davenport said he lived at 827 Stargazer Lane. He said he supported the greenspace
and the idea of a connected trail proposed by the applicant. He said he supported the use of tree
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buffers. He said increased traffic from the development would worsen congestion in Crozet. He
said recreation spaces should be built into the structure so that people drove less. He suggested
shuttle services to retail and recreation locations could be used to reduce traffic. He said he
believed the traffic impacts would lessen if the units were decreased to a maximum of 50.
Mr. Davenport said the roundabout at Route 250 and Route 240 was planned prior to the
community, so the roundabout might not handle the increased traffic from the development. He
said there was no consideration given to how the housing design could reduce needed energy
resource for heating and cooling. He said the housing units could be physically aligned for better
energy efficiency in the future.
Mr. Colin Dirkin said he was a resident of Crozet. He said the notion of kennel boarding should
be considered. He said parking was an issue. He said he had lived in a neighborhood with a
driveway and garage layout, and people used the garage for storage and parked on the street.
He said a similar situation could happen in the development. He said parking should be
reexamined.
Mr. Michael Monaco said he lived at 810 Stargazer Lane and was associated with Emmerson
Commons. He said he had concerns about block 3 in the plan. He noted the block abutted the
100-year flood plain and stream buffer, and the driveways of the houses in the block were on top
of the gas line easement. He said he was unsure how construction could be completed in the
area.
Mr. Monaco said he was unimpressed with the land proffer to the County because the land
appeared to be undevelopable. He said he wanted to see block 3 reduced or eliminated. He
mentioned he lived in a designated affordable unit that he purchased a few years ago. He said
affordable housing did not have to be crammed, and development did not have to be maximized
for there to be affordable housing. He said more affordable housing could just be proffered and
built.
Mr. Amyas Player said he lived at 5029 Passyunk Drive in Crozet. He said he had lived in the
area since 2005. He said he was opposed to any further development in the area. He said he
deliberately bought his home outside of the proposed growth development area. He said since
then, Emmerson Commons had been developed through a rezoning process. He said any further
development would exacerbate existing problems related to traffic, housing density, and the
impact on the agrarian nature of the area.
Mr. Player said the green area would be to the detriment of others in the development. He asked
where outside visitors to the green area would park. He said the green area would bring additional
traffic, foot traffic, pollution, noise pollution, and water quality. He noted the applicant desired to
preserve the trees around the original homestead. He said there was no desire to preserve the
trees lining Park View Avenue when Emmerson Commons was developed. He said was
contradictory to preserve some trees over others. He said there was a disconnect between the
planning stage and construction, and there were more attractive proposals for Emmerson
Commons than what was constructed.
Ms. Cara Mayo said she lived at 858 Stargazer Lane. She said the back of her home faced the
veterinary hospital. She said she could hear kennel noise from her home with the windows open,
and she had complained about the kennel noise. She said she did not understand how people
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living 50 feet away would not hear noise. She said the kennel noise started in the evening and
extended to the morning. She said she had similar concerns related to traffic density and the gas
line.
Mr. Trace Carter said he and his wife, Lauren, lived at 801 Stargazer Lane. He said he appreciated
Mr. Player's perspective. He said the dedication of the green space and the preservation of
rhododendrons were superficial promises from the developer. He said there was an ever-growing
list of issues with the development, and he noted the Commission itself said the developer needed
to revise the plan. He said there had been many concerns raised about all parts of the plan. He
said the school redistricting plan for the area accounted for 9 additional students at the elementary
school level from the development, but the development documents stated 22 additional students.
He said it was not true that Crozet Elementary and Henley Middle would remain under capacity
for 10 years—he said the figures needed review.
Ms. Gammon introduced herself as Rebecca Gammon and stated that she lived at 802 Stargazer
Lane in Crozet, in the Emerson Commons neighborhood. She said that she would begin by saying
that she somewhat expected to see and was glad to see some high-density housing being
proposed for this area because it was needed in the area and also was wonderful to see that the
developer was prioritizing more affordable homes than the bare minimum required. She said she
had some concerns that were shared by some of the other Crozet residents in the meeting. She
said the first was the Columbia Gas distribution line that ran through the neighborhood. She said
she understood that localities could not count on a disaster happening with these distribution
lines, otherwise no one would live within 150 feet of them. She said it seemed that with new
housing, they could do better with meeting the bare minimum requirement, which seemed to be
a 25-foot setback given the 50-foot easement. She said even the American Petroleum Institute
recommended that for hazardous liquids like natural gas there should be a 50-foot setback from
the middle of the pipeline or distribution line such as this one was.
Ms. Gammon said she thought these homes being so close to them would naturally have less
value. She said she hated to be dark, but she wondered if that meant that those would be the
affordable houses in block three. She asked if that was so, then what would that say about how
the County valued one of their vulnerable populations? She said she wanted to comment that she
was shocked to hear that all of the street parking was removed due to VDOT mandating it. She
said this meant that the parking configuration being proposed was a wish or a dream. She said
she thought that anyone that had lived in a townhouse neighborhood where there was a small
one car garage and a narrow driveway directly behind that garage knew that no one actually
parked in the garage because it was not practical. She said usually in those neighborhoods, there
was one car parked in the garage, and one car jockeying for space on the street somewhere. She
said she had a few friends live in densely packed neighborhoods like this, and it can be very hard
as an owner or as a guest to find street parking. She said she was very concerned that they were
talking about practically one space per household.
Mr. Bowen introduced himself as Daniel Bowen and said he lived at 856 Stargazer Lane in
Emerson Commons. He said it was mentioned earlier that this development plan was brought
through consideration with the Crozet Master Plan with the CCAC, and it was muddied and
unclear as to whether the CAC had a chance to weigh in on what was going on with this plan. He
said a couple of their guiding principles that were stated in the master plan he had concerns with.
He said one of them was conservation, which talked about preserving natural resources in an
integrated network of parks and gathering spaces, trails, and natural areas, which highlighted the
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trail mentioned in this plan that seemed to be self-contained and it was not planned out how it
would connect to the other towns. He said the sidewalk, which also was mentioned earlier, was a
glaring omission to how people who lived in this new potential residence would just be able to
walk to downtown Crozet. He said that lack of a sidewalk was a problem for the folks at Emerson
Commons as it was currently, because there were a lot of cars there. He said alluding to that
traffic issue, 800 more cars coming in and out and a bus station where children would be waiting
to get on the bus in the morning and off in the afternoon.
Mr. Bowen said it sounded like the way the trail was proposed suggested the appearance of
complying with the guiding principles, as if to kind of mislead the County planners, because the
site may not be able to accommodate this kind of trail, which was fine, but it would be beneficial
for the proposal to be honest and transparent about that site’s limitation. He said the other guiding
principle was implementation, provide strategic and timely support for community partnerships,
local economic development, policy changes, and capital investments. He said this again
highlighted the fact that they bypassed the CCAC, or at least it was unclear as to what they would
weigh in on. He said when he spoke to someone who attended those meetings, there was no
indication that this had been brought before them. He said he had planned to talk about some
things related to the gas pipeline that was already addressed. He said there were traffic concerns
everywhere from the 250 intersections up to 240, and even farther down to 29. He said if they
looked at the VDOT records, there was already an indication of problems starting in 2018, and
now four years later without fixing any of those problems they were adding 800 more connecting
to Charlottesville. He said he did not think that was clearly there.
Ms. Firehock asked if there were any more speakers.
Ms. Shaffer said she did not see anyone with their hand up, so there were no more speakers.
Ms. Firehock said she would now close the public comment and let the applicant make any
additional remarks.
Mr. Schulman said they were all neighbors in a neighborhood and he appreciated the different
perspectives. He said the concerns about the gas line and easements and a potential disaster,
he did not believe it was more than six or seven years ago that Columbia Gas replaced the entire
gas line as it came across the entire property. He said it was not a 50-year-old gas line and was
only five or six years old. He said he believed they put it in at a greater depth than it had been.
He said the idea that there had been any idea to place affordable units closer to the gas line than
other was speculative and was not based on the plan at all. He said 80% or 90% of the
commentaries had been close neighbors across the creek at Emerson Commons, and there were
some common threads. He said one of these was adequate on-street parking, which they
attempted to provide. He said they had four resubmissions and were guided by Planning and
VDOT to remove those. He said he would like for the applicant to address the opportunity for
parking at each unit, which he understood would accommodate two cars, one in the garage and
one just outside of the garage in the driveway, in addition to the appropriate number of guest
parking units available based on the number of housing units. He said the idea that this would be
a destination, such as Mr. Player’s concern of additional parking to happen in order for people to
access the nearby greenway trail was not in the plan. He said the plan was a ten- to twenty-year
plan to have connectivity to downtown to reservoir as additional requests came before the
Planning Commission and Board of Supervisors to extend this trail. He said this would not be a
trail likely used by anyone other than those walking the trail from contiguous propert ies. He said
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if the Commission would like any of the outstanding comments not addressed just for time
limitations, he would be happy to address those. He asked Mr. Llewell if they had two parking
opportunities per unit.
Mr. Llewell said a lot of these issues brought up were based on the site plan. He said many of
them would get resolved at that stage if they could work with VDOT. He said he was a proponent
of more parking at the site. He said it was not the easiest thing, at this early stage of “bubble plan”
zoning that talked about density and general location, road layout, green space, and non-
disturbance of critical slope. He said they made an effort to make as much headway with that and
tension at a very rough stage for master planning and a zoning bubble. He said details of a site
plan would take another year or year and a half to go through staff, Planning, Engineering, and
VDOT. He said many of these issues would be addressed at that time. He said he would ask that
any conditions they had concern within regard to kenneling for the clinic or the site in general to
be added to their conditions of approval and they would be glad to address them.
Ms. Firehock closed the matter for public comment and brought it back before the Commission.
Ms. More said she would like to hear more from people in whatever order they would like to do
that in. She said one thing she wanted to add was the talk about the community meeting and the
CCAC’s input, and she wanted to reassure people that there was not a missed step. She said
there was potentially a missed opportunity when they could not host a community meeting at a
CAC, which sometimes did happen. She said she had to go back and watch the community
meeting because it had been a long time, even though she attended. She said she thought a lot
of the issues they were hearing were things that needed to get worked out because they were
important things and following the steps and stages of when they did get worked out and showed
a lot of the things, they were hearing were site plan issues. She said the other point that was
important was that a lot of times with the community, with the staff it was so new that sometimes
community members were frustrated because there was not enough detailed information to
answer their questions yet at that stage. She said the community meeting was valuable, but it
oftentimes with this first look, people were anxious and wanted to learn more, yet there were not
these details that emerged as the process took place. She said the community meeting was in
itself not as helpful to community members as they would like it to be.
Ms. Firehock said she could not understand what Ms. More said about the special exception.
Ms. More said that [inaudible] special exception.
Ms. Firehock said okay.
Ms. More said she really wanted to hear from people about where they were on the special
exception, because that was a pretty important piece of this project and one that she had dealt
with.
Ms. Firehock asked the other Commissioners about the special exception request to have the
distance reduced to 50 feet from the edge of this structure to the adjacent property line.
Mr. Carrazana said that it was certainly one of the issues in front of them that he was struggling
with the most. He said that was mainly because it was asking them to allow for a function that he
believed was misplaced within this development. He said the 200 feet were there for a reason, so
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given the function of that facility and the creation of a buffer around the facility, there was a n
incompatibility with the fact that they were now taking that facility and making it the centerpiece
for something that was requiring a 200-foot buffer. He said he was struggling with the idea of
reducing that, but the function did not go away, it was just reducing the buffer to allow development
closer into something that really wanted that buffer. He said it was truly incompatible with the
center of the village or development. He said he struggled with this and agreed with some of
Commissioner More’s sentiments, which was why he asked the question, and the answer he
received was that they had never considered any scenario where they would potentially redevelop
veterinary clinic somewhere else, perhaps in the perimeter. He said he thought it was a missed
opportunity with what else could be happening in the center of that development.
Mr. Bivins said that he would offer that, no matter what they did with the piece of property and
with the condition of the setback, one of the other conditions should be that there should be no
commercial boarding. He said there was a difference between that and kennels, so no commercial
boarding would be allowed in order to establish there was no separate activity other than the care
of domestic animals. He said he was certainly not in support of a 50-foot buffer and was unsure
if there was some area in between. He said they had been aware of lots of animal clinics that sat
on the fringes or next to houses in the development area. He said he was in complete agreement
with his colleagues that it was a convenience that the veterinary clinic was being left there, and
while it was not necessarily the ideal place, it was not for him to say at this point. He said that
because of that, he wanted to put in the prohibition about commercial boarding as a condition,
wherever that may be in the code of development. He said that realizing that if they did not give
them the exception, they would be cutting out two and a half blocks, which was an unfortunate
thing, because this probably was a way for the development to solve that in a way that worked for
them to preserve their blocks and to move that function somewhere else on the property. He said
that one piece for him was huge. He said he would also like to see some conversation about
connecting the sidewalk across Park View up to that one piece of property. He said he was unsure
if that were the County’s duty to consider or if the applicant could find a way to facilitate that so it
would be a means of walking and connecting that property to the downtown from that location.
Ms. Firehock said that was noted. She said they would not lose track of that point about
developing that connection but wanted to stick with question of the 50-foot exception request. She
said she would hold her comments until the other Commissioners spoke.
Mr. Missel said that as the new member, he was still focused on what their duties were as a
Planning Commission, so he felt pretty confident that under the heading of promoting the orderly
development of Albemarle County and its environment, that this was addressing the issue of
compatibility of uses, and in his opinion, the compatibility of this use was in contradiction to a very
densely developed residential area. He said that while that had been said, he was in agreement
with the other Commissioners that there needed to be some mitigating factors. He said he was
leading towards some sort of a compromise but had a few questions that would be related to that.
He said the first was that there had been a sound study completed, and whether it was certified
sound study or not was a question by one of the public commentors early in the meeting, so he
would be curious to know whether it was. He said that the question of whether the developer had
considered other mitigating factors, or that the County could consider other mitigating factors such
as sound buffers was mentioned in the application. He said that his other question was about
developer disclosure and buyer awareness. He said it would be no secret that this was an existing
use and would be a kennel. He said he was in agreement with prohibiting commercial boarding,
but he supposed the balance was that there were people knowingly living near this use, and
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whether it became a developer issue and an inability to sell the lots, or if they were imposing an
expanded buffer on that. He said he was split between these two ideas.
Mr. Bailey said he appreciated some of the aspects of thinking about the transition of the higher
density and the residential and some of the elements that looked at providing green spaces. He
said he found himself similarly conflicted about the questions around the veterinary clinic and the
sound, but the point had been well addressed by Mr. Carrazana’s comment about this being
designed as a village, and having that to bring people together, and that retail space to fill, but for
better or for worse, what existed there was something that he did not know if it was in spirit with
what the retail and commercial components of the form factor they were trying to deliver. He said
he appreciated the idea of reducing the setback, but they were finding themselves in the same
place they had been for so long about transitioning to this middle density and providing these
village type elements in these different areas and adopting more of these neighborhood principles.
Mr. Bailey said he was really on the fence, and there would have to be something in addition to
the original kenneling compromise to strike a balance and understand the options that existed
within the property to relocate the kennel to a different area that was more ingress and egress to
the commercial road that this abuts. He said he was not recommending tearing down a building,
but there were options to repurpose a building for a community center or oth er things within the
plan, and that was the issue he found himself trying to reconcile. He said when Mr. McDermott
presented, he had even more trouble trying to reconcile it with the site plans they were given and
understand where the parking was and was not and getting a really clear picture about what was
and what was not being addressed, even in this conceptual phase.
Ms. More said that when she spoke earlier, her AirPods were not in use so she apologized if it
was difficult to hear her. She said she wanted to add another part of why she was conflicted about
the special exception was that when she thought of that use and its somewhat odd function, it
related to where she wanted to see amenities, and instead there was this piece, so it was not only
the special exception, it was more of the design overall that she felt was causing other spaces
that could be more central to be thrown out to the sides, which gave the appearance that they
were not well thought out.
Mr. Clayborne said he was opposed to the special exception because to him it did not make much
sense. He said particularly with acoustics, it was one thing to do a study, but where the rubber
meets the road in the construction of it and how it really panned out was a different matter. He
said he was struggling to visualize this piece particularly when reading the code of development
and that was the only block that was one to two stories and was surrounded by three stories, and
it was clear that the vet was what was driving this entire thing. He said to him, it was very difficult
with no graphics when trying to think about how the verticality of the architectural spaces played
out with the project. He said they had received site plans that were detailed to a fine degree, even
including the slope of the sidewalk and how it drained, but there was nothing about the verticality
of the project, and he found that very problematic. He said that was more of a side comment and
knew the applicant could not do anything about it now, but perhaps it was something the
Commission could work on in the future about how to make that more of a requirement. He said
even at this stage, there should be some kind of concept to show what things would look like and
including the vertical expectation for those buildings there.
Mr. Bivins said he was looking at the code of development and at table 1 on page 1, and in some
ways, the vet office was going to be one of the quieter activities that would be taking place there,
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because there were several options for schools, an option for a group home, an option for a
farmer’s market there. He said he believed what they were talking about was the potential evening
noise, because the vet’s office would probably not have the kind of daytime hour noise. He said
those other uses could potentially have more activity and additional noises than the vet would
have during the day, so he wanted them to think about it in those terms.
Ms. Firehock said she found their noise study to be compelling. She said she also found it
humorous when they talked about how the dogs were too quiet and they had to get the dogs
excited so their barking could be measured. She said she grew up in a different environment than
a rural subdivision; she grew up in cities where veterinarians were located in neighborhoods, and
you walked to the vet with your dog. She said she found the idea of having a veterinarian that
people in that community could walk to was a nice amenity. She said if it would be designed from
scratch and was truly a blank slate without the vet building existing in the middle, she certainly
would not put the vet office in the middle of it either. She said she would want to have some kind
of visibility meeting from the road and not encourage the traffic to come from outside and circulate
inside the development to access this business. She said she said it was not the best centerpiece
for this development as a commercial use. She said that this probably was presented by the
developer because they did not want to go through the expense of demolishing a building and
building a new one.
Ms. Firehock said the amenity space on the edge with the idea of walking in the stream valley
and experiencing a quiet getaway to nature was not a cop-out and was a nice amenity. She said
it would also be really nice to have a central park in the middle or a clubhouse that was more
enjoyable for everyone to use most of the time, but that could also generate its own set of noises.
She said she did not have a big conclusion to offer at this point, because she was not as
concerned about the noise, especially if they added a clause that any kenneling of animals had
to be related to them being patients at the veterinarian and not just commercial kenneling for
people on vacation, she believed they could take care of that. She said she was not that
concerned about the noise coming from them in the evening, because she imagined they would
be closed in at night.
Ms. Firehock said she was not sure about the comment they heard from a neighbor here who
said they heard noise in the evening as to what time that noise was heard. She said she believe
it could be addressed, but she agreed that it was an odd layout that was driven by the fact that
there was an existing building there, and that building had not been related to them as being
particularly historical or a significant structure that needed to be maintained. She said she
believed the question at hand was if they held out for a better design and higher quality community
layout than was before them tonight, because it seemed an odd reason why they would be
reducing these setbacks to allow for the blocks to be placed where they were, because essentially
the veterinary office building was in the wrong place. She said the question about the sidewalk
remained, but the sidewalk would not necessarily be that important if people were not in the mood
to permit the special exception because without that there would be no development here.
Ms. More said she was not bothered by the numbers presented. She said she was a bit concerned
about block three. She said she felt like there were things that could happen with this that in her
mind could make it more ready to go before the Board of Supervisors. She said if they were going
to talk about the special exception, there did not seem consensus on making a recommendation
for approval. She said what she thought she heard was that maybe instead of 50 feet it was 100
feet. She said maybe there were some things they could recommend in the code of development
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to make people more comfortable if they said the kennel use was tied to the vet or if there was no
commercial boarding use. She said she did not know if that would pass forward or go as a denial,
but they could say there were some things that would make it something they would approve, or
if they were in the position tonight to say yes, but only if it says these things. She said the applicant
seemed to be saying yes and to go ahead and put conditions on it, but she did not know if the
applicant would agree to those things.
Ms. Firehock said that it seemed the applicant said if they had to make the buffer conform either
to their existing code or to a larger distance, like 100 feet, they would not be able to build the
development as proposed. She said she had no way to evaluate that.
Ms. More said she was struggling with that and was in a place where she would recommend
denial. She said she also respected and appreciated there were some things that could help them
get to a place where they could work on something, but she felt that could be worked out prior to
the Board, or it could be worked out and then they would see it again later, but that was not her
decision, so she was struggling with whether to recommend denial for the special exceptions, and
the conversations had been heard that there were things they believed could be looked at that
could work, but maybe not the 50 feet.
Ms. Firehock said this was always the problem; they were not looking at a proforma for this
development, and they had no way of knowing what their margin was. She said they said if they
could not get this exception then it was dead in the water and they could not build it. She said
they had no way to evaluate that, and because it was true that they had met their code in what
they had provided this evening, but a wise person may go further and spend a little more on the
design to lay out some of the structures to give more for them to work with in order to evaluate
these claims that they would not be able to build this. She said she did not think the Commission
was against seeing housing in this area, and it did meet the goals of the master plan to have infill.
Mr. Carrazana said related to what she just said, it was hard for them to make these
recommendations and deciding on numbers when it was arbitrary because they did not really
know. He said he made a statement earlier about a missed opportunity, and to elaborate on that,
if they saw more information, then they could determine if it were a development that could be
approved. He said there were a lot of positives here from an affordable housing standpoint to
some of the green amenities that were being provided. He said he agreed with Commissioner
Firehock that they could build on some of those areas but providing some amenities in those
areas was a positive. He said the missed opportunity was really thinking broader about what this
could be. He said of course, if this were by right or another type of use, he would not have an
issue, but there was a nighttime function that could potentially generate noise. He said schools
and a farmer’s market, besides being focused during the daytime, would also be amenities that
the community members would use. He said a vet office would potentially be used, but he did not
know how many and some of them may have veterinarians they already used. He said he was
not convinced that that use was something that was conducive for that location, and the request
for the buffer to be taken away was not fathomable to him.
Ms. Firehock said it sounded like there was not a lot of support for the special exception. She said
one option was to see if the applicant were interested in a deferral, because it was not a question
that nothing would happen at this site, but perhaps not in the current configuration.
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Mr. Missel said he had one question about the code of development which Mr. Bivins had
mentioned earlier. He said under “B” for soundproof compliance, “no structure shall be located
closer than 200 feet to any agricultural or residential lot line. He asked if it was correct that was
the one they were asking about being waived. He asked if the remaining three were still in place
in that section.
Ms. Firehock said that was right.
Mr. Missel said he wanted to make sure he was clear on that. He said those other three seemed
to be a substantial amount of mitigating factors.
Ms. Firehock asked what mitigating factors he was referring to.
Mr. Missel said he was referring to deciding whether the buffer could be 100 feet or 150 feet in
order to help with the site continuation and disturbance. He said it seemed t o him that A, C, and
D in place were the mitigating factors to some of the impacts that they may see from the kennel
noise.
Ms. More said it was important to remember the noise ordinance was another protective measure.
She said that was not enough to convince her to let it be 50 feet, and she agreed they did not
need to throw out arbitrary numbers. She said there were protections in the case there were
noises louder than what people hoped to be.
Ms. Firehock said that 200-foot buffer was based on prior to a noise ordinance being in place, so
they basically enforced it with distance. She said now they had a noise ordinance and they also
had testimonial from the vet who constructed the building that it was constructed with advanced
soundproofing at the time, so as a result, that particular structure was designed precisely to
attenuate noise in closer quarters. She said their job was to help foster developments of lasting
quality that helped meet their values as a community for communal space and gathering. She
said this use in the middle of the development was intended for a particular business and not as
a community space, and those community spaces were on the peripheral. She said obviously
people who bought property there would be well aware of that, and not everyone wanted to live
on the commons, either. She said some people would rather escape into the trail by themselves.
She said she was not as troubled as the other Commissioners seemed to be about the vet in the
center. She said while she would not design this development from the get-go, and she would
probably move the vet to the outer edge. She said this was what was before them, and they did
not have the ability to redesign it on the fly because it was not their purview.
Mr. Bivins said he did not want to forget that there may be dogs in perhaps a quarter of the houses
there. He said even if the vet were going away, there would still be dogs barking, and those homes
would not be influenced by people saying their dog was barking, because there would be little
oversight that would occur, as opposed to a business that had to comply with the various zoning
ordinances that would cover this activity. He said he was talking himself into a place where he
was more satisfied with it now, because this was one instance of commercial activity that could
take place there, and he was much more disappointed that there was only room for perhaps one
other commercial activity in there. He said that was a decision of the applicant. He said if this went
away and they left it at 200 feet, it would not solve the problem of dogs barking.
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Mr. Bailey said that if he understood the ordinance in the code of development, it was listed as 55
DBA was not to be exceeded, and the staff’s listed noise study had five different periods where it
exceeded 55 in those areas, so he was trying to square those two things. He said that information
could be found on page 3 of the sound level measurement results. He said he wanted to make
sure they did not only go against the noise ordinance, but also creating unintended consequences
of adjusting this and approving something that already possibly has this noise violation at 50 feet.
Mr. Svoboda said that measurement was taken at the property line, which was the receiving zone.
He said with any other noise, the receiving zone in a rural residential area was 60 decibels during
the day and 55 decibels at night. He said it was a little bit tighter on the kennel with the
supplemental regulations or with that 55 at the property line. He said he did not remember from
the study where they took the readings at 55 feet, but it was at the property line. He said they
were right outside of the building at 10 or 25 feet and were reading 55 decibels, then he would
not know the answer to that, and they would have to do a study. He said usually, but not always,
the farther away a noise was heard from, the more it dissipated. He said they would want to make
sure the reading was correct, but to be clear, in rural residential areas, any noise was not
supposed to exceed 55 decibels at night and 60 decibels during the day. He said the average
conversation was about 65 decibels. He said the conversation at the property line would be louder
than 55 decibels they were seeing in this particular regulation. He said he hoped that helped.
Mr. Bailey said absolutely. He said that if he interpreted it correctly, the report stated the
measurement of locations were approximately 40 feet from the façade, so not quite on the
proposed property line.
Mr. Svoboda said yes.
Ms. Firehock said that if they were found to be in violation, which involved calling the County to
come out to use the sound meter, they would then have to take some mitigation actions, which
would include additional soundproofing or not letting dogs board over night or whatever mitigation
measures they took. She said they had that ability in place to mitigate that, and the barking dogs
could be moved or not be boarded overnight, and that was an easily solvable problem because
there were options.
Ms. Firehock asked if she could make an exception to let Mr. Llewell make a comment he needed
to share with them, although they usually did not go back to the applicant at this time.
Mr. Llewell said the general noise level on 240 and being in proximity to the commercial area
meant there was general background noise that was also picked up in that sound test beyond
dogs in the building. He said it was not a boarding kennel, he said it was simply for healing dogs
on a per-night basis. He said he lived in Ivy Farms on 6.5 acres and could step out of his back
door and hear dogs barking across the property and could hear a Charlottesville band on Friday
nights. He said there were general noises that occurred in neighborhoods, and hearing dogs
barking in a neighborhood where a lot of people lived with dogs meant it was easy to hear a lot of
dogs barking, and it may not only be from the kennel. He said he would be happy to mitigate
anything that was directly related to the dogs, and he was sure that Dr. Schulman, the owner of
the building, would be happy to comply.
Ms. More said she did not want to recommend approval for the special exception, but if another
Supervisor wanted to make the recommendation to approve with some of the conditions, they
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had discussed this evening, they should. She said that left the rezoning in general, because a lot
of their discussion centered around the location of the vet in the center, which caused the need
for the special exception. She said she looked at the general rezoning much more favorably, but
it did not mean much without the special exception, so it was difficult to work with. She said in that
conversation was also the piece about the sidewalk, and she wanted to make the suggestion
about sharing the parking because it was also an issue. She hoped there would be future
conversations about these other items that had not been discussed thoroughly.
Ms. Firehock reiterated that Commissioner More was not disposed to grant the exception for the
distance to the vet, and she thought they may be able to do some more creative arrangements
with parking. She said as the applicant said they had not gotten down into that fine of grain of
detail. She said when she was with the Charlottesville Planning Commission, they did work out
such an arrangement with a business that was open from 8:30 to 5 PM and a condo that shared
the parking in the evenings. She said those things could be worked out between uses, but they
must get permission first and put it into the application before it went to the Board. She said to
table the discussion of the distance to the vet, because she thought it was possible that it may
not be correct that they could not build this at all with the vet office and distance where it was.
She asked if anyone had any opinions, they wanted to share about whether the density change
was acceptable in terms of what was proposed to be built there.
Mr. Carrazana said there were a lot of positives, as he had mentioned earlier, and he did not think
the density was inappropriate. He said it was hard to begin to understand the massing of that, as
Mr. Clayborne had said. He said he had some concerns about it in general, but he thought the
density was appropriate. He said he knew there were planned and funded improvements in the
intersection, and that was a huge deal, because he knew that intersection had problems with
accidents. He said however, the two roads that came into Crozet, the 240 and Crozet Avenue,
were not being approved in terms of pedestrians and bicycles, and they continued to dump more
and more traffic into those. He said Mr. McDermott could appreciate that TIAs were helpful, but
they were limited by this fact that if it was not 1000, they were not doing one. He said they could
have three or four different developments all with 800, and even though there were 3200 vehicles,
there was not a TIA completed. He said that was the challenge of whether the TIAs were giving
a big picture view of what was happening.
Mr. Carrazana said he agreed with the density and thought it was appropriate, and wanted to
keep these broader issues in mind, which was how they dealt with these two main roads that fed
into Crozet. He said they were not thinking about them holistically at this point, and they only had
little bits and pieces. He said he did not know how much Park Ridge would actually reduce the
traffic along this area, because it mostly was traffic coming out on 240. He said he wanted to
mention that it was a concern of his because they heard that from the community as well. He said
otherwise, the mitigation factors that the County and Mr. McDermott had proposed were
appropriate. He said he believed those four or five that were listed there would have to be included
in that proposal.
Ms. Firehock said she believed they had heard everyone’s perspective on whether the setback
was appropriate and whether the sound could be appropriately attenuated with their current
ordinances. She said she did not hear many objections to the density as proposed, but there was
some clamoring about the massing and design detail. She said she would caution all developers
to bring that kind of detail to the Planning Commission, although it was not currently required,
because it made it very difficult for them to favorable understand what they were trying to propose.
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She said that may be addressed with future changes to their zoning code, because they were
consistently in this quandary. She asked if anyone felt prepared to make a motion to approve the
rezoning and not the special exception.
Ms. More said she assumed they were separate motions.
Ms. Firehock said yes.
Ms. More said she was prepared to make a motion for approval of the rezoning. She said Mr.
McDermott discussed the recommendations that were to be picked up. She said it was not ready
to go to the Board, but it was not her job to say so. She said if she could see more detail, it could
gain her support. She said if others wanted to make a motion for the special exception, they could,
but she would not.
Ms. Firehock asked if there were two separate motions.
Mr. Herrick said that was correct. He said that there were two separate votes. He said that if the
Commission wished to approve the rezoning, but disapprove the special exception, the
Commission might consider a motion to approve the rezoning with both the conditions stated in
the staff report and the condition that the setback from the veterinarian’s office be 200 feet, to
ensure that there was not a contradiction between the code of development on a recommended
zoning map amendment and a special exception request that the Planning Commission was not
inclined to recommend.
Ms. Firehock said she was unsure of what the thoughts were on the special exception other than
Ms. More’s.
Mr. Missel said he was initially not in support of the special exception but reviewing the mitigating
factors and being reminded of the current ordinance that was in place, he was in favor of the
special exception.
Mr. Carrazana said he was not in support of the special exception. He said there was more that
could be done, and he did not believe they were seeing a development that was appropriate
currently, and the special exception would only facilitate it.
Ms. Firehock said it would continue to facilitate something that did not make sense.
Mr. Bailey said he was not in support of the special exception but was in support of the density
and rezoning component.
Ms. Firehock said that she believed Ms. More had expressed that same sentiment, so she would
not ask for her comments again.
Mr. Clayborne said he was in the same predicament as Mr. Carrazana.
Mr. Bivins said he would support the special exception.
Ms. Firehock said she would support it as well. She said that would be four in support and three
not in support. She said she would prefer if they reached consensus, but she thought they had
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discussed this strange problem without actually knowing the truth as to whether the granting of
the special exception did or did not make this development viable.
Mr. Missel said he believed it was three members in support and four not in support.
Ms. Firehock said she forgot to mark Ms. More’s vote. She said thus they did not have enough
support for the special exception request to be granted. She said that left them only with
recommending the rezoning and not granting the special exemption request. She asked if anyone
was prepared to make a motion. She asked for the recommendations from staff to be displayed
again on the screen.
Ms. More said that she was prepared to make a motion. She said that she would want to do so
with the conditions in the staff report. She said she did not fully understand Mr. Herrick’s
explanation. She said it was important to specify that the special exception was separate from the
rezoning, but she did not want to say that they wanted a 200-foot buffer, so she did not know how
to make clear what they were saying without including things that were not part of their discussion.
She asked if Mr. Herrick had any suggestions for language.
Mr. Herrick said that if the general consensus of the Commission was to approve the rezoning
but with certain conditions or adaptations to the code of development, he’d suggest the second
paragraph displayed, but to add to that paragraph the additional conditions that they would like to
see added to the code of development, whether that be a prohibition on overnight boarding (as
Mr. Bivins had suggested) or that there be a certain distance of setback to the veterinary office
(as others had suggested). That would be up to whoever was making the motion to recommend
that the Commission add additional conditions to the code of development.
Ms. More moved the Planning Commission recommend approval of ZMA202000005, Old
Dominion Village, for the reasons stated in the staff report, provided that the recommended
revisions, identified in the staff report, are made to the application prior to the Board of Supervisors
public hearing, and that there was an addition to the code of development that there was no
commercial boarding at the veterinary clinic, and that the veterinary clinic was not connected to
any kennel use.
Mr. Bivins seconded the motion.
Ms. Firehock said she was wondering about the term “commercial boarding.” She said perhaps
they could word it to say, “overnight boarding not related to veterinary care.”
Mr. Bivins said that was fine. He said if they did what the code of development had currently, they
were saying that needed to be 200 feet away from the boardings.
Ms. Firehock said that it was not granted a special exception.
Mr. Bivins said the special exception was separate. He said currently, the code of development
said the vet had to be 200 feet away from anything.
Mr. Herrick said that the code of development was citing what the County code provided. He said
that the County code provided those additional restrictions.
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Mr. Bivins said that was right. He said if they adopted this ZMA, the code was embedded in the
code of development. He said if they adopted this, they would be sending forward that language
and that ordinance, and if they did not adopt that other one, it was between them and staff to
figure out whatever they wanted to present to the Board of Supervisors. He said he thought they
were in a good place and could deal with these separately and without any problem.
Mr. Herrick clarified that Ms. Firehock had made some suggested language to substitute
“commercial boarding,” He did not know if that was formally adopted as part of Ms. More’s motion,
although Mr. Bivins appeared to assent to that.
Ms. More said yes.
Ms. Firehock said that was a friendly amendment accepted by both motioner and co-motioner.
She asked for the roll to be called with that amendment.
The motion carried unanimously (7-0).
She said there was a question that remained about the special exception to reduce the 200-foot
buffer to 50 feet around the veterinary clinic.
Ms. More moved the Planning Commission recommend denial of the special exception.
Mr. Carrazana seconded the motion.
Ms. More said she hoped as this moved forward, some of the suggestions people had could make
a big difference in making it work.
Ms. Firehock said she did not think people were against having a veterinary clinic in this area,
and the layout was problematic and seemed a matter of convenience rather than design. She
asked for the roll to be called.
The motion carried 4-3, with Ms. Firehock, Mr. Missel, and Mr. Bivins dissenting.
Ms. Firehock stated, with Mr. Missel and Mr. Bivins reiterating this in their rationale, that the layout
was problematic, and this seemed to be more a matter of convenience than good design.
Ms. Firehock said this would now move to the Board of Supervisors. She said they were satisfied
with the densities provided but wanted to see more detail on massing and design but left that up
to the applicant’s discretion. She said they imposed a number of conditions, and the Commission
did not vote to accept the special exception. She hoped the applicant had taken all the comments
to heart and would continue to work with the neighboring development that had voiced concerns
about what was going on.
Recess
The Commission recessed its meeting at 8:09 p.m. and reconvened at 8:12 p.m.
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Public Hearing
SP202100016 CVEC Cash’s Corner Substation
Mr. Clark said he was presenting a special use permit request for an existing substation. He said
the proposal was to upgrade the substation by slightly expanding the equipment pad and adding
equipment for 25 kilovolt distribution. He said the location map shown on the slide was an area
on Gordonsville Road in the northeastern portion of the County. He said as shown, the substation
was located about 1,800 feet away from Gordonsville Road in the Cash’s Corner area. He said
this was an existing, nonconforming use; it was a substation that predated the zoning ordinance
requirement for special use permits for these utility facilities. He said it currently converted power
from the transmission lines of the site to 12 kilovolts for local distribution. He said there was a use
for a gas pipeline station in Louisa County on this same circuit that would need an upgrade to 25
kilovolt distribution in order to cover its improved operation, and this would require some of the
additional equipment to this site and within the one-acre square that was this parcel, the pad for
equipment would increase by 13,104 square feet to 35,300 square feet. He said this required a
special use permit to bring the use into compliance, but there were no parking or entrance
changes, so it did not require a new site plan if approved. He said it would be subject to County
approval of stormwater plan and a grading plan for the expanded pad.
Mr. Clark showed a view of the site from Gordonsville Road. He said it was about 1,800 feet away
from Gordonsville Road and the existing equipment went as tall as 70 feet. He said the new
proposed equipment would be about 40 feet, which is lower than what was there now. He showed
an aerial image to show what was on the site. He noted that there was a Dominion substation
adjacent to this site, but the special use permit only applied to the site highlighted in blue on the
screen, parcel 45-C. He said there were also a few small trees on the southwest side of the parcel,
which was where the pad would expand. He said the access was a gravel access road that let
out to the public road. He showed another aerial image showing the conceptual plan. He said
shown in gray was the existing pad, and also shown was the 63-foot expansion for the pad, which
included the area where the new equipment due to the step-down from the transmission lines to
the 25-kilovolt distribution.
Mr. Clark said he would briefly summarize the impacts of this proposal. He said the character of
the existing use would not change and the proposed additions would be lower than the existing
equipment, so the visual impact would not be significant. He continued that there would be County
stormwater oversight for the impacts of the expansion of the pad. He said since there were
basically two one-acre substations there already and this was just an expansion of one of those
sites, staff did not feel the expansion would change the character of the surrounding area, which
was largely agricultural. He said the electrical distribution was compatible with permitted uses in
the district.
Mr. Clark said in summary, the one favorable factor was that the proposed upgrade met the utility’s
need for upgrading electricity distribution without creating significant new impacts on the rural
area. He said staff identified no unfavorable factors. He said that staff recommended approval
with one condition, which referred to the layout shown on the conceptual plan he showed earlier.
He said he would now take any questions, and said the applicant was ready to answer questions
as well during the hearing.
Ms. Firehock asked if anyone had any questions before they heard from the applicant.
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Mr. Bivins asked to see the overhead image of the site again. He said that the two pads would
basically be the same now. He said it appeared that the CVEC path was a little smaller than the
Dominion path, so now they would be the same width. He asked if that was correct.
Mr. Clark said that was correct.
Mr. Bivins said he understood all they were doing with this addition was squaring up the site and
the plan. He asked if it was correct that this was for a natural gas company in Louisa.
Mr. Clark said that was what necessitated the upgrade to 25 kilovolt distribution. He said that
happened to be the first use that came along first that needed an upgrade to this long -existing
distribution system.
Ms. Firehock said she did not see anyone else who had questions, so she asked for the applicant
to address the Board.
Mr. Ward introduced himself as Chuck Ward, the manager of engineering services at Central
Virginia Electric Co-Op. He said the gas compressor station was an existing station called the
“Boswell gas station.” He said it was located approximately seven circuit miles from the
substation, but from the substation to the site would be around three to four miles. He said there
was a set of railroad tracks it would have to cross because it was t o the east of the tracks. He
said they were upgrading their facility by reinstalling a 1,250-horsepower motor, and the starting
of that motor would cause a certain amount of flicker. He said it was similar to a heat pump starting
in a house and causing the lights to flicker, but this motor was of a much larger scale, so it could
cause more flicker. He said in order to minimize and keep the flicker within the allowable limits,
and to keep the noticeable flicker down for the consumers around there, the substation must be
upgraded, and part of the upgrade was to convert it to 25 kV. He said that would keep the flickering
to the limits required and should be of very little notice to nearby neighbors. He said all of the
property that was shown on the maps was currently owned by CVEC, and it was just expanding
the fence on their own property, so they did not need to purchase any additional property.
Ms. Firehock asked if that was the conclusion of his comments.
Mr. Ward said yes, and if anyone had any questions, he would be happy to answer them.
Ms. Firehock said she did not see anyone who had questions. She said it was a pretty
straightforward application with straightforward comments. She said she would now open the
public hearing to members of the public.
There were no speakers, so Ms. Firehock closed the public hearing.
Ms. Firehock asked the Board if there were any comments or if anyone was prepared to make a
motion.
Mr. Bivins said as a good neighbor to the county east of them, he was in favor of this, because
he would certainly not want Louisa not to get a new business if they said no to this expansion of
the particular lot.
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Ms. Firehock said she believed they had clients in their own County.
Mr. Clayborne moved the Planning Commission recommend approval of SP202100016 CVEC
Cash’s Corner Substation with the condition listed in the staff report. The motion was seconded
by Mr. Missel and passed unanimously (7-0).
Committee Reports
Mr. Missel said he attended the Village of Rivanna CAC last week. He said those people were
concerned about continuing growth in their area and were in the process of looking at the master
plan and amending the language of the master plan. He said they got through about two pages
of it and agreed there would be work into the rest of the year. He said they had a formal vote to
not change the boundaries of Glenmore.
Mr. Bivins asked Mr. Rapp why the Village of Rivanna had a CAC.
Mr. Rapp said he was not sure the exact history behind the formation of that CAC.
Mr. Herrick said that to his understanding, every part of a development area had a CAC, including
the Village of Rivanna. He said that each CAC was supposed to shape growth within its separate
development area.
Mr. Missel said he wanted to mention that he was told it had been disbanded but then reformed
recently.
Ms. Firehock said she did not even know they had disbanded.
Ms. More asked if the CAC was on their own taking up the master plan.
Mr. Rapp said staff spoke and was still on the comprehensive plan and the ordinance as they all
knew and were taking their attention from a long-range planning standpoint for the next several
years.
Ms. More said that people give the Crozet CAC a hard time. She said that at the last meeting, Ms.
Firehock said that she attended a CAC meeting where people asked what was helpful for the
Planning Commission, and Ms. Firehock mentioned voting. She said they should make it clear to
community members that there was nothing about a vote that was binding but was more like what
Ms. Firehock suggested to that CAC in that it was helpful when staff could say how many people
felt a certain way. She said the Crozet CAC had a rambunctious time with the master plan review
they just went through, but she believed some Board members did not like that a vote was taken,
but she still believed it was intended to be helpful and show a breakdown of opinions after the
review of the topic.
Ms. Firehock said it was certainly in the purview of any CAC to vote if they had a certain disposition
or desire for something from the County. She said it also was in the County’s purview to say they
were not able to get to them at that point in time and perhaps would in a year or two. She said
she did not want to discuss the differences between the comprehensive plan and the master plan
at this moment.
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Mr. Clayborne said he attended the 29 North CAC meeting on February 10. He said that meeting
was predominantly about the North Fork UVA Discovery Park. He said there was a proposal to
rezone a portion of the North Fork to a neighborhood model district to accommodate residential
zoning. He said it was an economic vitality tool in its sense, and he wanted to make the
Commission aware it would be brought up to them at some point. He said there was a range of
200 - 1,400 residences, so it was a large-scale project, and he expected there would be a
presentation brought before this body at some point.
Ms. Firehock asked Mr. Clayborne to clarify if it was from UVA or the UVA Foundation.
Mr. Clayborne said it was from the UVA Foundation.
Report on BOS Meeting February 2, 2022
Mr. Rapp said the Board endorsed the Rivanna River Corridor plan after a much condensed and
graphic presentation, as was suggested by the Planning Commission and others. He said he was
glad to see that go well. He said as they were in the middle of updating the comprehensive plan,
they were endorsing these studies and plans in order to fold them into their updates so there
would not need to be multiple simultaneous comprehensive plan updates. He said the Board also
approved the rezoning for the Avon Street residential project that came before the Commission
several months ago, which consisted of a mixture of multi-family and townhome developments.
Old Business/New Business
Ms. Firehock said that this evening, they quickly reviewed and took care of the application for the
expansion for VCEC’s electrical pad. She said that application and some of the other applications
they had related to power, such plans to make poles more durable so they withstood bad weather.
She said these projects struck her as things that might be able to be handled more effectively by
simply creating some design and building parameters for them, and then if those were met, then
the projects could proceed.
Ms. Firehock said they had a similar problem when they used to get applications for drive-thru
windows. She said while some people wanted to review each application, they all seemed to be
proforma, so they approved them. She said staff created standards for what should be done with
drive-thru window design, and it no longer had to take up precious Planning Commission time.
She said that may be something to work on in the future to create criteria for the poles and
substations, so that maybe the applicant would not even need to come before them. She said it
was taking up everyone’s time, and in her experience, there was not disagreement about the need
for power lines. She said perhaps staff could work on this as they continued their work on the
comprehensive plan.
Mr. Rapp said it was something they could work on. He said they had already identified some of
those and said tonight the only other thing he heard as a topic among staff internally was that
when they received these rezoning applications and special use permits, what type of materials
would be most helpful and what material should be required so that they had an emphasis on
better design and better building form. He said recently they had been getting more technical
documents that did not give the flavor of what the proposed development was and to highlight
those features to best inform the public and staff in order to make the appropriate decisions and
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get the best development they could for Albemarle County. He said that would be a focus in their
ordinance revisions as well.
Ms. Firehock said she agreed and that was a great point. She said as they did more infill
development, whether it was in Crozet or the growth ring around Charlottesville, they would end
up with more difficult sites and things being put into tighter spaces, which inherently led to more
conflicts. She said the building massing, design, setbacks, how things would be arranged, and
how traffic would flow through a site required there to be better information given so that they
could avoid those conflict. She said if that meant it took extra care and time to make proposals to
develop Albemarle County, then so be it, because they all wanted a quality community.
Ms. Firehock asked if there was any further old business or new business. She then asked if there
were any items for follow-up.
Mr. Carrazana said he wondered if there was a follow-up on the committee responsibilities. He
said he knew there was an email sent out but did not know if there was a follow-up on that.
Ms. Firehock said she appreciated that, because it was on her list. She said she only heard back
from a few people about the issues they would like to work on. She said people mentioned multiple
topics, so if everyone could send three or four issues, if there was an issue that two of them
wanted to attend that the work group was talking about, that was fine, because it did not constitute
a meeting of the Planning Commission if two of them went. She said she would compile a final
list and send it back out once she received everyone’s comments. She said they hopefully would
then have excellent, high-quality communication between staff and the work group, because she
was still not sure how they were addressing things. She said she only heard from one or two
people about the schedule where they met every other week. She said she supposed most people
were not travelling, but she knew professional conferences were beginning to happen again, and
she had a few of those coming up. She said if anyone had any of those to please send them to
her so she could finalize the absentee list as well as the topic list.
Adjournment
At 9:40 p.m., the Commission adjourned to March 1, 2022, Albemarle County Planning
Commission meeting, 6:00 p.m. via electronic meeting.
Charles Rapp, Director of Planning
(Recorded by Carolyn S. Shaffer, Clerk to Planning Commission & Planning Boards; transcribed
by Golden Transcription Services)
Approved by Planning
Commission
Date: 03/15/2022
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