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HomeMy WebLinkAboutSUB201400119 Action Letter 2014-09-16 Albemarle County Planning Commission FINAL Action Memo – 09-16-2014 1 FINAL ACTIONS Planning Commission Meeting of September 16, 2014 AGENDA ITEM/ACTION FOLLOW-UP ACTION 1. Call to Order.  Meeting was called to order at 6:01 p.m. by Cal Morris, Chair.  PC members present were Mr. Morris, Mr. Dotson, Ms. Firehock, Mr. Loach, Mr. Randolph, Mr. Keller and Mr. Lafferty, Vice Chair. Ms. Monteith was present.  Staff present was J.T. Newberry, Elaine Echols, Rachael Falkenstein, David Benish, Scott Clark, Claudette Grant, Wayne Cilimberg, Sharon Taylor and Greg Kamptner. 2. From the Public: Matters Not Listed for Public Hearing on the Agenda.  None Clerk:  No action required 3. Committee Reports The following was noted by Commission members: Mr. Loach provided an update on the huge success of Crozet/Western Albemarle Library with facts that came out at a meeting of the Crozet Community Advisory Committee. Mr. Dotson provided an update on the ACE Committee’s consideration of the current round of applications and noted October 31st is the deadline for the next round of applications. Mr. Randolph reported that:  The Solid Waste Subcommittee has provided the Board of Supervisors with a new section in the Comp Plan regarding solid waste, which the Planning Commission will see in the near Clerk:  No action required Albemarle County Planning Commission FINAL Action Memo – 09-16-2014 2 future. The Historic Preservation Committee is in the process of putting together a web handbook.  The Rivanna Basin Commission received a report from Stream Watch.  The Village of Rivanna Advisory Council met last night and examined the master plan language regarding density range. Mr. Morris reported that:  The Pantops Community Advisory Council had people attend from various areas on the north side of Route 250 expressing the need for facilities to provide access across 250 other than in a vehicle.  The Free Bridge Congestion Relief Project Committee will meet tomorrow night to look at the final 3 or 4 possibilities of relieving congestion on Free Bridge. 4. Review of Board of Supervisors Meeting – September 3, September 9, and September 10, 2014 Mr. Cilimberg reviewed the actions taken on September 3, September 9, and September 10, 2014. Clerk:  No action required 5. Consent Agenda a. SUB-2014-00119 – Old Trail Village Blocks 28 and 29B Private street request with associated waivers for sidewalk and planting strip requirements. J.T. Newberry) b. Approval of minutes: July 15, 2014 APPROVED CONSENT AGENDA, by a vote of 7:0. Clerk:  Finalize Minutes for signature – 7-15- 2014  Action Letter – Approved SUB-2014- 00119 as noted in actions with conditions shown in Attachment 1. 6a. Item Requesting Deferral CPA-2014-00001 Route 29- Clerk:  Action Letter – Deferred CCP-2014- 00001 as noted in the actions. Albemarle County Planning Commission FINAL Action Memo – 09-16-2014 3 Hydraulic Road Official Map Ordinance Re-Adopting U.S. Route 29 and Hydraulic Road Official Map – Ordinance to re-adopt an official map originally adopted December 2, 2009 under Virginia Code § 15.2- 2233 et seq., depicting, within the vicinity of the northwest quadrant of the U.S. Route 29 and Hydraulic Road intersection, the location, centerline, existing right-of-way width, and future right-of-way width of the legally established segment of U.S. Route 29 abutting and on County Tax Map and Parcel Numbers 61W -3-19A, 61W -3-19A1, and 61W -3-25, and the legally established segment of Hydraulic Road abutting and on County Tax Map and Parcel Numbers 61W -3- 19A and 61W -3-25. The ordinance and map would be amended to identify the current tax map and parcel numbers, but the location, centerline, existing right-of-way, and future right-of-way widths would be the same as adopted on December 2, 2009. A copy of the full text of the proposed ordinance and the official map are on file in the office of the clerk of the Board of Supervisors, and in the Department of Community Development, County Office Building, 401 McIntire Road, Charlottesville, Virginia. (Grent Kamptner/Jack Kelsey) DEFER TO THE OCTOBER 14, 2014 PLANNING COMMISSION MEETING. DEFERRED CCP-2014-00001, by a vote of 7:0, to October 14, 2014.  Schedule Planning Commission public hearing on October 14, 2014. 7a. Public Hearing Items SP-2014-00009 Castle Hill Cider Rivanna Magisterial District PROPOSAL: Special use permit amendment to remove expiration date for farm winery events on Clerk:  Action Letter – Recommend Approval of SP-2014-00009 as noted in the actions.  The matter will go before the Board of Supervisors on October 8, 2014. Albemarle County Planning Commission FINAL Action Memo – 09-16-2014 4 310.47 acres. No dwellings proposed. ZONING: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots) ENTRANCE CORRIDOR: Yes COMPREHENSIVE PLAN: Rural Areas – preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre in development lots) LOCATION: 6055 Turkey Sag Rd TAX MAP/PARCEL: 04900-00-00-018B1, 04900-00-00- 018B2 (Scott Clark) DUE TO AN ADVERTISING ERROR FOR THE JULY 29, 2014 PLANNING COMMISSION PUBLIC HEARING, THIS IS BEING REHEARD. RECOMMENDED APPROVAL OF SP-2014-00009, by a vote of 7:0, with the conditions recommended by staff listed in the July 29th staff report and shown in Attachment 2. 7b. SP-2013-00023 Buck Mountain Episcopal Church Addition MAGISTERIAL DISTRICT: White Hall TAX MAP/PARCEL: 03100000003500 LOCATION: 4133 Earlysville Road PROPOSAL: Request to amend the application plan for SP1996-037 for an addition onto the fellowship hall of the existing church. PETITION: Churches by Special Use Permit under Section 12.2.2 of the Zoning Ordinance. ZONING: VR Village Residential- residential at 0.7 units/acre; churches by special use permit. Airport Impact Area (AIA) - Overlay to minimize adverse impacts to both the airport and the surrounding land. COMPREHENSIVE PLAN: Rural Areas- preserve and protect agricultural, forestall, open space, and natural, historic and scenic Clerk:  Action Letter – Recommend Approval of SP-2014-00023 as noted in the actions.  The matter will go before the Board of Supervisors on date to be determined. , Albemarle County Planning Commission FINAL Action Memo – 09-16-2014 5 resources/density (0.5 unit/acre in development lots) in Rural Area 1. (Megan Yaniglos) RECOMMENDED APPROVAL OF SP-2013-00023, by a vote of 7:0, with the conditions recommended by staff as amended and shown in Attachment 3. 7c. CCP-2014-00002 Regional Firearms Training Center MAGISTERIAL DISTRICT: Scottsville TAX MAP/PARCEL: 09300-00-00-007000 LOCATION: 2300 Milton Road Charlottesville, VA 22902 PROPOSAL: To construct a 19,861 square foot indoor regional firearms training facility on approx 172 acres to serve County of Albemarle, City of Charlottesville and University of Virginia. ZONING: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots). PROFFERS: No COMPREHENSIVE PLAN: Rural Area – preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre in development lots). (Rachel Falkenstein) By a vote of 7:0, the Planning Commission made a finding that the approximate location, character and extent of the proposed Regional Firearms Training Facility at 2300 Milton Road is in substantial accord with the County’s Comprehensive Plan. (See Minutes for detailed comments.) Note: Ms. Monteith recused herself, left the dais and sat in the audience. Clerk:  Action Letter – CCP-2014-00002 – Found site for the Regional Firearms Training Facility in substantial accord with the Comp Plan as noted in the actions.  Does not require Board of Supervisors action. 8a. Work Session ZTA-2014-00005 Artist Community Clerk:  Adopted resolution of intent as noted in the action and shown in Attachment 4. Albemarle County Planning Commission FINAL Action Memo – 09-16-2014 6 in RA – Resolution of Intent ADOPTED RESOLUTION OF INTENT, by a vote of 7:0, for further study of ZTA-2014-00005 as recommended by staff and shown in Attachment 5.  Staff to do further research, particularly as regards how other communities zone for this type of use, to bring back to the Commission for a work session before scheduling a public hearing. Recess. The Planning Commission recessed at 8:01 p.m., and reconvened at 8:15 p.m. 9. Old Business a. ZMA-2013-00004 Hollymead Town Center (Block VI) By a vote of 7:0, determined the application plan as revised (Attachment 3 of the staff report) met the Commission’s expectation in its original recommendation for approval to the Board. Staff:  Action Letter – Forward Planning Commission determination as noted in the action to the Board of Supervisors. 10. New Business  Discussion held regarding process for legislative review items between the Planning Commission’s recommendation and the Board of Supervisors’ consideration.  THERE WILL BE NO PLANNING COMMISSION MEETINGS ON TUESDAY, SEPTEMBER 23, TUESDAY, SEPTEMBER 30 AND TUESDAY OCTOBER 7, 2014.  Next Planning Commission meeting on October 14, 2014. Secretary:  Meeting of Planning Commission Chair and Vice Chair, Board of Supervisors’ Chair and Vice Chair, Greg and Wayne regarding review process to be scheduled by Clerk of the Board of Supervisors. 8. Adjourn to October 14, 2014 Albemarle County Planning Commission meeting, 6:00 p.m., Auditorium, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia.  The meeting was adjourned at 8:56 p.m. ATTACHMENT 1 – SUB-2014-00119 Old Trail Blocks 29 & 29B – Private Street Request – Conditions of Approval ATTACHMENT 2 - SP-2014-00009 Castle Hill Cider – Recommended Conditions of Approval ATTACHMENT 3 – SP-2013-00023 Buck Mountain Episcopal Church Addition – Albemarle County Planning Commission FINAL Action Memo – 09-16-2014 7 Recommended Conditions of Approval ATTACHMENT 4 – ZTA-2014-00005 Artist Community in RA – Resolution of Intent Albemarle County Planning Commission FINAL Action Memo – 09-16-2014 8 ATTACHMENT 1 – a. SUB-2014-00119 Old Trails Blocks 29 & 29B - Private Street Request – Conditions of Approval The Planning Commission approved SUB-2014-00119 for the private street in accordance with 14-233 and 14-234 of the Subdivision Ordinance within a Neighborhood Model development and exception from the sidewalk requirements (14- 422) and exception from planting strip requirements (14 -422) with the conditions in the staff report as follows: 1. Section 14-233 and 14-434- Authorization of four Private Streets within the Development Areas (Birchin Lane, Birchin Court, Birchin Drive, and Hazel Grove Lane) 2. Section 14-422 (E)(2)- Waiver of the sidewalk requirement with conditions Conditions of approval for the sidewalk waiver include: 1. Sidewalk to be provided on the north side of Hazel Grove Lane or a “Class A, Type 1” paved pedestrian path to be provided through the open space adjacent to lots that front on Hazel Grove Lane. 2. No sidewalk will be required for Birchin Lane, Birchin Court, or Birchin Drive, as shown on the preliminary subdivision plat for Blocks 28 and 29B dated July 8th, 2014. 3. Sidewalks are required for all other roads within and adjacent to Blocks 28 and 29B. 3. Section 14-422 (F)(2)- Waiver of the planting strip requirement with conditions Conditions of approval for the planting strip waiver include: 1. No planting strip will be required for Birchin Lane, Birchin Court, Birchin Drive, or Hazel Grove Lane, as shown on the preliminary subdivision plat for Blocks 28 and 29B dated July 8th, 2014. 2. Planting strips are required for all other roads within and adjacent to Blocks 28 and 29B. Albemarle County Planning Commission FINAL Action Memo – 09-16-2014 9 ATTACHMENT 2 – SP-2014-00009 Castle Hill Cider – Recommended Conditions of Approval 1. Development of the use shall be in general accord with the Conceptual Plan entitled “Special Use Permit for Castle Hill Cider,” labeled “Index Title: CP1,” prepared by Dominion Engineering, and dated 8/28/12, as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the plan, development shall reflect the following central features essential to the design of the development:  Location of the structure (labeled “Event Barn”) used for the events;  Location of the entrance and exit (labeled “New Entrance Road” and “Existing Entrance”);  Location of parking;  Location of “Event Vicinity”; Minor variations from the Conceptual Plan which do not conflict with the central features above may be made to ensure compliance with the Zoning Ordinance. 2. Up to eight (8) single-day farm winery events, weddings or wedding receptions (hereinafter, collectively, “these events”) for more than two hundred (200) persons may be held per calendar year, with a maximum total daily attendance of three hundred fifty (350) persons. Attendance at these events shall be by prior reservation, ticket sales, or invitation only. 3. One (1) single-day farm winery event for three hundred fifty-one (351) to one thousand (1,000) persons (hereinafter, “this event”) may be held per twelve (12)- month period or calendar year: a. This event shall not be held without written approval from the Virginia Department of Transportation of a traffic-management plan for the intersection Virginia Route 231 and Turkey Sag Road. This plan shall require, and the permittee shall provide, police officers or other trained personnel a pproved by the Virginia Department of Transportation to be at the intersection of Virginia Route 231 and Turkey Sag Road to direct arriving and departing traffic if this event’s attendance may exceed five hundred (500) persons based on reservations received or tickets sold. This approval shall be submitted to the Zoning Administrator no less than three (3) weeks before the scheduled date for this event. b. The permittee shall obtain approval of a zoning clearance by the Zoning Administrator prior to holding this event. The permittee shall apply for the zoning clearance no less than three (3) weeks prior to the date of the event. Approval of the zoning clearance will be contingent upon the Zoning Administrator determining that all conditions of this special use permit have been satisfied. c. Admission to this event shall only be by prior reservation or ticket purchase. Albemarle County Planning Commission FINAL Action Memo – 09-16-2014 10 4. Before commencing any event permitted under Conditions 2 and 3 above or any farm winery event, wedding, wedding reception, or other event a llowed by-right under County Code § 18-5.1.25(b)(2), (10) or (11) (hereinafter, collectively, “event subject to this condition”) at which there is amplified sound, the permittee shall submit, and thereafter comply with, a sound management plan which has been prepared by an acoustical consultant and approved by the Zoning Administrator. This plan shall include a plan for monitoring amplified sound levels at the property lines of the site, including one or more permanent sound meters providing a date and time record of the sound, and for immediately adjusting amplification equipment to reduce sound levels to no more than the allowed maximum provided in this condition. As part of the implementation of this plan, no event subject to this condition shall commence before the screened openings on the northeast side of the Event Barn are replaced with glass panels approved by the acoustical consultant. Sound levels at the property lines of the site shall not exceed an average of fifty -two (52) decibels (dBA) for any five (5) - minute period, or a more restrictive applicable maximum sound level established in the Albemarle County Code. At any event subject to this condition, the sound at the source of the amplified music shall not exceed ninety-five (95) decibels (dBA) and the volume shall be monitored by an on- site sound meter. The sound limit for any band shall be limited by contract to not exceed ninety-five (95) decibels (dBA). The glass panels on the openings of the Event Barn shall remain closed while amplified sounds are produced. 5. Outdoor amplification systems shall not use amplifiers with more than two hundred (200) watts RMS output, and shall not be used after 6:00 p.m. All other amplified sound systems shall be contained within the Event Barn. 6. At any event permitted under Conditions 2 and 3 above or any farm winery event, wedding, wedding reception, or other event allowed by-right under County Code § 18-5.1.25(b)(2), (10) or (11), traffic-management personnel shall be on site at the exit to direct traffic eastward to Virginia Route 231. These personnel shall be in addition to the traffic-management personnel required under Condition 3(a) above. All departing traffic shall be directed to go eastward on Turkey Sag Road, except for those vehicles whose occupants reside westward on Turkey Sag Road. 7. The permittee shall provide prior notification of each event permitted under Conditions 2 and 3 above or for any farm winery event, wedding, wedding reception, or other event allowed by-right under County Code § 18-5.1.25(b)(2), (10) or (11), to all owners of properties within one-half (1/2) mile of the Event Barn and to the Zoning Administrator. A notification letter shall be sent by mail at least fourteen (14) days before each event. The letter shall include: 1. The date, starting and ending times, and expected number of attendees for the event 2. A telephone number at which the permittee may be contacted during the event 3. The County’s zoning complaint hotline telephone number (434-296-5834) and identify it as such. 8. No parking for any event permitted under Conditions 2 and 3 above shall be permitted within two hundred (200) feet of any stream. Albemarle County Planning Commission FINAL Action Memo – 09-16-2014 11 9. Any new outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all abutting properties. A lighting plan limiting light levels at all property lines to no greater than 0.3 foot candles shall be submitted to the Zoning Administrator or her designee for approval. 10. In order to ensure the Event Barn doors remain closed while amplified sound is being produced within it during any event permitted under Conditions 2 and 3 above or any farm winery event, wedding, wedding reception, or other event allowed by- right under County Code § 18-5.1.25(b)(2), (10) or (11), the permittee shall install and maintain an air conditioning system in the Event Barn, together with fans, insulation, and other measures (hereinafter, collectively, the “system”). The system shall be subject to approval by the Zoning Administrator, who shall approve it if she determines that the system’s cooling load design is adequate to serve the Event Barn. 11.SP 2011-00002 shall be valid until December 31, 2014. Albemarle County Planning Commission FINAL Action Memo – 09-16-2014 12 ATTACHMENT 3 – SP-2013-00023 Buck Mountain Episcopal Church Addition – Recommended Conditions of Approval 1. Development and use shall be in general accord with the conceptual plan titled “Buck Mountain Episcopal Church Proposed Addition- Site, Grading and Utility Plan” prepared by Draper Aden Associates and dated June 13, 2014 (hereafter “Conceptual Plan”), as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the Conceptual Plan, development and use shall reflect the following major elements within the development essential to the design of the development, as shown on the Conceptual P lan: a. Location of proposed addition 2. Virginia Department of Transportation approval of entrance. 3. Compliance with the Virginia State Department of Health. 4. Add additional Oak tree to replace the one that is being taken down. Albemarle County Planning Commission FINAL Action Memo – 09-16-2014 13 ATTACHMENT 4 – ZTA-2014-00005 Artist Community in RA – Resolution of Intent RESOLUTION OF INTENT WHEREAS, the County has received a petition to consider adding artist communities as a use allowed in the Rural Areas zoning district; and WHEREAS, the purpose of the artist community use would be to provide solitude for artists from various disciplines who would reside in the artist community for variable periods of time to work on their art; and WHEREAS, an artist community may provide a cultural benefit to the County; and WHEREAS, an artist community may provide a valuable use of an historic structure; and WHEREAS, it is desirable to study whether such a use is consistent with the policies, goals, and objectives of the Rural Area section of the Comprehensive Plan, appropriate in the Rural Areas zoning district, and, if so, to consider amending the Albemarle County Zoning Ordinance to authorize the use, subject to reasonable and suitable regulations. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Planning Commission hereby adopts a resolution of intent to consider amending Albemarle County Code §§ 18-3.1, 18-5, and 18-10 and any other appropriate sections of the Albemarle County Zoning Ordinance to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date.