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1988-03-16March 16, 1988 (Regular Night Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on March 16, 1988, at 7:30 P.M., Meeting Room #7, County Office Building, 401McIntire Road, Charlottesville, Virginia. BOARD MEMBERS PRESENT: Messrs. F. R. Bowie and Edward H. Bain, Jr., Mrs. Patricia H. Cooke, Messrs. C. Timothy Lindstrom (arrived at 7:34 P.M.), Walter F. Perkins and Peter T. Way. BOARD MEMBERS ABSENT: None. OFFICERS PRESENT: Mr. Guy B. Agnor, Jr., County Executive; Mr. George R. St. John, County Attorney; and Mr. John T. P. Home, Director of Planning and Community Development. Agenda Item No. 1. Call to Order. The meeting was called to order at 7:32 P.M. by the Chairman, Mr. Way. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Consent Agenda. Mo%ion was offered by Mrs. Cooke and seconded .by Mr. Bowie to approve Item 4.1 of .the Consent Agenda and accept the remaining items as information. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Item No. 4.1. Statements of Expenses for the Director of Finance, Sher- iff, Commonwealth's Attorney and Regional Jail for the Month of February, 1988; approved as presented. Item No. 4.2. Letter dated March 9, 1988, from J. G. Ripley, Director of Planning and Programming, Highway Department, concerning policy revision pertaining to state and local participation in the cost of right-of-way, sidewalks, utility adjustments, and storm sewers on improvements to the state's highway systems, received as information as follows: "The attached policy revision, pertaining to state and local partici- pation in the cost of right of way,.sidewalks,~utility adjustments, and storm sewers on improvements to the state's highway systems, was adopted by the Commonwealth Transportation Board on February 18, 1988. Section 1.00 of this policy is applicable to the secondary system of state highways in counties. This revision provides the following principal changes on secondary system projects: Permits the right of way cost for sidewalks, where justi- fied, to be borne by secondary~construction allocations for the county. · Where the Department determine~ the utilization of curb and gutter projects' construction as the most economical design, the cost of the necessary storm sewer and appurte- nances may be borne by secondary construction allocations for the county. Required right of way acquisition costs for projects within towns operating under Sections 33.1-79 and 33.1-82, Code of Virginia, may be provided from the secondary construction allocations for the county, in the same manner as pre- viously permitted for projects situated beyond the corpo- rate limits of such towns. 1.09 1.10 1.11 2.00 2.01 2.02 2.03 2.04 2.05 March 16, 1988 (Regular Night Meeting) (Page 4) Where, through zoning and development control ordinances, the local governing body requires participation in the off-site drainage and where their plans from an overall standpoint reasonably conform to the above-established policy, the local governing body's plan shall become the Transportation Board's policy for that locality. The adjustment of utilities necessitated by the construc- tion of sidewalk or storm sewer will be borne by secondary construction funds, except where the utilities are located on public property which has been dedicated or acquired for street or road purposes, including uses incidental thereto, or where there are franchise or other provisions whereby the utility owner is required to bear the expense of such relocation or adjustment. Unless otherwise specified by state statute or policy of the Commonwealth Transportation Board, all other right-of- way required for improvements to the secondary system shall be acquired by purchase, gift, or power of eminent domain and cost thereof financed from secondary construction funds allocated for use in the county. URBAN AND PRIMARY SYSTEM PROJECTS WITHIN THE CORPORATE LIMITS OF CITIES AND TOWNS The provisions of this section apply to improvements in cities and towns for which construction funds, pursuant to Sections 33.1-23.2. 33.1-23.3 and 33.1-44~ Code of Virgin- ia, as amended, are allocated. Ail storm sewers, both parallel and transverse and all appurtenances, such as drop inlets, manholes, etc., that fall within the right-of-way limits of ur'.~n improvement or construction projects on existing or new iocations and are considered necessary for adequate project idrainage by Department engineers will be financed at ~he percentage required by law for the construction of the project; provided none of the storm water to be conveyed is diverted from another watershed. All storm sewers and outfalls constructed outside of the normal right-of-way limits of urban projects that are considered by Department engineers as necppsary for ade- quate project drainage will be financed at'the Percentage required by law for the construction of th~ project; provided none of the storm water to be conveyed is diverted from another watershed. Ail storm sewers and outfalls constructed Outside of the normal right-of-way limits of urban projects that are considered by Department engineers as beyond that needed to adequately drain the highway project shalllbe financed on a run-off ratio basis between federal and/or~istate funds and city or town funds. I Whenever parallel storm sewer, manholes, ekc., within an urban project or outfalls beyond the right'of-way and project limits are utilized by a city or t9wn for the conveyance of diverted storm drainage, thed the cost of such storm sewers, outfalls, etc., shall b~ financed on a run-off ratio basis between federal and/oristate funds and city or town funds." ~ Item No. 4.3. Letter dated March 7, 1988, from J. G~ Ripley, Director of Planning and Programming, Highway Department, concerning County Primary and Secondary Fund (Revenue Sharing Program) Fiscal Year t988~89; received as information. { March 16, 1988 (Regular Night Meeting) (Page 5) Item No. 4.4. Letter dated March 1, 1988, from Mr. Gerald E. Fisher, State Secondary Roads Engineer, Highway Department, concerning policy revi- sions for rural additions. "At its February 18, 1988, meeting, the Commonwealth Transportation Board amended its Rural Addition Policy for the acceptance of certain roads into the secondary system pursuant to Section 33.1-229 and subsequent sections of the Code of Virginia. Attached is a copy of the revised policy and related standards. The principal policy change affects the method by which a county's maximum allocation to rural additions is calculated. Currently this is set at two percent of total secondary allocations (maintenance and construction). The revised policy sets the maximum at five percent of secondary construction allocations. For most counties, this will mean a small increase (see last two columns of attached listing based on FY 1987-88 allocations). The Commonwealth Transportation Board has authorized those counties which would have a lower limit under the revised policy to use whichever limit provides the higher amount for FY 1988-89. The major change to the standards affects rural additions with traffic counts of 50-99 vehicles per day. Under previous standards, such additions did not have to be hardsUrfaced. Under revised standards, all additions with 50 or more vehicles per day will be hardsurfaced. This requirement is in keeping with our continuing efforts to ensure surface quality commensurate with traffic use. I would call your attention to the TranSportation Board's request that Boards of Supervisors weigh carefully the public necessity for any proposed rural addition against other needs of the secondary system in their counties. If you have questions, the Resident Engineer assigned to your county is available to further explain this policy revision." Moved by Mr. Quicke , seconded by Mr. Bacon that WHEREAS, due to changing conditionS, the general policy for the acceptance of rural additions into the Secondary System of State Highways which became effective July 1, .1964, no longer fully serves the intended purposes; and WHEREAS, there are subdivisions whieh were developed prior to the establishment of the Commonwealth Transportation Board's subdivi- sion street policy and where the developer is no longer at interest, thus leaving the residents therein without public service; and WHEREAS, in many counties subdivisions were developed subsequent to the Board's subdivision street policylbut prior to the establish- ment of a subdivision control ordinance in the county and where the developer is no longer at interest, thus~again leaving the residents therein without public service; and WHEREAS, it is the sense of this Board that the rural addition policy should be revised to provide for Changing conditions and to aid in providing relief to the property ~wners in the aforementioned subdivisions. NOW THEREFORE, BE IT RESOLVED, that the attached "Rural Addition Policy" for the acceptance of roads into the Secondary System under the provisions of Section 33.1-229 and sdbsequent sections of the 1950 Code, as amended, is hereby adopted; and BE IT FURTHER RESOLVED, that all previously adopted policies regarding rural additions be and hereby ~re rescinded. lO March 16, 1988 (Regular Night Meeting) (Page 10) Mrs. Cooke said she does not believe that the applicant has done her share of the research on the merits of the various sites. She said she does not like to deny anyone an affordable home, but she thinks the applicant should look harder at an alternative site. Motion was offered by Mr. Lindstrom and seconded by Mr. Perkins to deny SP-87-99. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: Mr. Bowie. Agenda Item No. 6. ZMA-88-1. Robert Hull. To rezone 6.53 acres from RA to HC to allow for U-Store-It mini-warehouse facilities. Property located on south side of Route 649, one-tenth miles west of intersection with Route 29 North. Tax Map 32, Parcel 41H. Rivanna District. (Advertised in the Daily Progress on March 1 and 8, 1988.) Mr. Horne presented the following staff report: "Character of the Area: This tract consists of 8.97 acres with 2.44 acres adjacent to Route 649 currently zoned HC, Highway Commercial. The HC portion of the property is developed with Team Tires and also is an approved location for a video rental business.' The rear portion of the property which is subject to this rezoning petition is vacant and heavily wooded with immature evergreens. Access would be provided through the existing Team Tires entrance. Properties to the north and east are zoned commercially. Property to ithe south is zoned LI, Light Industrial, while Rural Areas zoning!exists on the immediate west. Comprehensive Plan: The Hollymead Land Use Plan shows this area for commercial development with surrounding areas propos,ed for industrial usage. The Plan states that: 'Additional commercial areas are planned for the intersection of Route 649 with Route 29. These new areas may be developed as highway-oriented commercia~l to serve residents of the Hollymead community as well as travellers on Route 29 North. ' Staff Comment: While the applicant intends to develop this property with mini-warehouses, no zoning proffer has been submitted. Staff opinion is that Highway Commercial would be an appropriate zoning for the property in view of Comprehensive Plan recommendations and that no usage proffers are warranted. Virginia Department~ of Transporta- tion has commented that 'this request is in agreement with the Comprehensive Plan. This section of Route 649 is currently non-tolerable. This request would generate more traffic than is currently allowed by right.' Staff will recommend maintenance of a tree buffer along the east, south, and weSt portions!of the property during site plan review and that access will be restricted to the existing Team Tires entrance. Staff recommends apprQval." Mr. Horne said the Planning Commission at its meet~n8 on March 1, 1988, unanimously recommended approval of the petition. .~ Mr. Way opened the public hearing and asked if the a~plicant wished to address the Board. Mr. Bob Hull said he thought his request would bring the into conformity with the Comprehensive Plan. ~ property Since there was no one else who wished to speak to t~is issue, Mr. Way closed the public hearing and placed the matter before th~ Board. Motion was offered by Mr. Bowie and seconded by Mr. I~indstrom to approve ZMA-88-1. There was no further discussion. Roll was cal~ed and the motion carried with the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindst~om, Perkins and Way. NAYS: None. March 16, 1988 (Regular Night Meeting) (Page 11) 11 Agenda Item No. 7. SP-88-1. Colonial Baptist Church. To allow for church facility on property zoned RA, Rural Areas. Property on north side of Route 250 East, approximately one mile west of its intersection with Route 616 at Boyd Tavern. Tax Map 94, Parcels 42 (part of) and 46. Rivanna District. (Advertised in the Daily Progress on March 1 and 8, 1988.) Mr. Home presented the following staff report: "Character of the Area: The subjeCt property is currently used as farm land. The topography of the site is moderately rolling. There exists a large number of mature deciduous trees along the frontage of this property. The surrounding area is typically rural, with limited low-density residential development. Staff Comment: The applicant proposes to construct a building of approximately 5,000 square feet, with 2,500 square feet to be designated as area of assembly. The applicant has not indicated plans for future expansion at this time. The applicant proposes to retain as much existing vegetation on site as possible. This will further screen the structure from Route 250 East and adjacent properties, in addition to required landscaping. The Virginia Department of TransportatiOn recommends a 200-foot long, 12-foot wide right turn lane, With a 200-foot long taper lane, in addition to a commercial entrance. The Virginia Department of Transportation's recommended dimensions for the turn and taper lane are based on the minimum design speed of Route 250 East. This recommendation does not take into consideration traffic generation in relation to the proposed use, or the fact that most of this site's traffic will be generated during off-peak hours. The County Engineer is of the opinion that a 200-foot by 200-foot turn and taper lane is excessive for th~ proposed use. Further, there is limited road frontage on this ~ite to accommodate the Virginia Department of Transportation'si~recommended turn and taper lane. Staff is of the opinion that obtaining additional road front- age for the VDoT's recommended turn andltaper lane is not justified based on the proposed use. As an alternative, a 150-foot long, 12-foot wide right turn lane with a 50-foot long taper lane is recommended. Staff concurs with the County Engineer and is in support of this recommendation. Staff has reviewed this petition for consistency with criteria for issuance of a special use permit, and i~ is staff's opinion that a church in this location would not be obtrusive nor out of character with other uses in the area. Staff recommends approval of this petit$on subject to the following: 1. Area of assembly shall be limited ko 2,500 square feet; Sanctuary and classroom expansion, or day care and other non- worship uses will require amendment to this petition; Administrative approval of the sit~ plan after review of the Site Review Committee; Construction of a 150-foot long, 12-foot wide right turn lane with a 50-foot long taper lane." Mr. Home said the Planning Commission, .at its meeting on March 1, 1988, unanimously recommended approval subject to t~he four conditions. 12 March 16, 1988 (Regular Night Meeti~g~ (Page Mr. Lindstrom asked Mr. Horne what uses could be made of this property, if the special permit were approved with the recommended conditions. Mr. Home said there could be worship services, which did not have to be restrict- ed to Sundays, and some accessory uses, such as Sunday School, and Vacation Bible School. Mr. Horne said day care was not one of the uses included under accessory uses. Mr. Lindstrom said he thought one of the conditions should stipulate to which parcel the special permit applied. Mr. Perkins said he did not like shortening the turn lane off a highway with a 55 mile-an-hour speed limit. According to the staff report, Mr. Lindstrom said, the applicant would have to obtain additional road frontage to build the 200-foot turn lane. From looking at the map, he said, it looks to him as if the applicant has enough frontage to build this turn lane. Mr. Home said he would check the site plan. Mr. Way opened the public hearing and asked if the applicant wished to address the Board. Mr. Ed Leake, pastor of the Colonial~Baptist Church, addressed the Board. He said this is a new church, onlyifour years old. The congregation currently meets in the old McIntire School building. He said the church would like its own facility. He said the church and parking lot would be nes~l~ into the site to retain the beauty of the natural setting as much as possible. He said he felt that a 200-foot by 200-foo~ turn and taper lane was not necessary, since the church wo.uld generate most ef its traffic during off-peak hours. Route 250 East has a 66-foot right-of-way at this point. He said the pavement for the turn and taper lane would fit into the right-of-way, the additional ditches and banked slopes would not. In ~ddition, he said, a 200-foot turn and taper lane would affect a neighbor's driveway to the east of the entrance. Since no one else wished to speak to this application, Mr. Way closed the public hearing and placed the matter before the Board. Mr. Bowie said he thought the 150-foot taper lane recommended by the staff was sufficient for the church at its present size. If in the future, the church expands, he said, then there may be the need ~or a longer turn lane. He said he supported the application, but thought it was a good idea to identify which parcel would be covered under the special ~ermit. Motion was offered by Mr. Bowie and seconded by Mr. iPerkins to approve the application with the conditions of the Planning Commfssion and adding Condition No. 5, which reads: "5. This application applies to the 10.44 acres as shown on site plan drawn by Steve Key and initialed by JTPH and March 16, 1988." Mr. Lindstrom said he would support the motion, but mny expansion of the use of this church would make him think the full taper and turn line should be required. Roll was called and the motion carried with the following recorded vote: AYES: NAYS: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. None. (Note: Conditions of approval are set out in full b~low: 1. Area of assembly shall be limited to 2500 squar~ feet; 2. Sanctuary and classroom expansion or day care a~d other non-worship uses will require amendment to thislpetition; 3. Administrative approval of the site plan after ~eview of the Site Review Committee; Construction of al50-foot long, 12-foot wide rSght turn lane with a 50-foot long taper lane; March 1~1988 (Regular Night Meeting) (Page 13) lB This application applies to the 10.44 acres as shown on site plan drawn by Steve Key and initialed by JTPH and dated March 16, 1988. Agenda Item No. 8. CPA-88-1. Scottsville School. To amend the Albemarle County Comprehensive Plan 1982-2002, Map 15: Village of Scottsville Land Use Plan, with respect to the use of the Old Scottsville School Building. The proposal is to amend the land use from institutional to medium density residential in order to coincide with a rezoning request for R-10 residential density (ten dwelling units per acre). Property located on Route 1301 in the Village of Scottsville. The main building is presently not used, however, the gym is used by the Parks & Recreation program. Tax Map 130A(2), Parcels 76 and 76A, and Tax Map 130, Parcel 8lA (part of). Scottsville District. (Advertised in the Daily Progress on March l~and 8, 1988.) Mr. Way said the Board would consider this agenda item in conjunction with Agenda Item No. 9. Mr. Home presented the following staff~report: "History: The Albemarle County Board o~ Supervisors on November 21, 1985, adopted a resolution of intent to amend the Comprehensive Plan (CPA-85-6) as described above and to initiate a rezoning (ZMA-85-30) of the same property from VR, Village Residential, to R-10, Residen- tial. On February 12, 1986, the board withdrew both CPA-85-6 and ZMA-85-30 without prejudice. On January 25, 1988, the Jordan Devel- opment Corporation applied for the same rezoning. As current owner of the property, the County is initiating this CPA to coincide with this rezoning request. The original school was built in 1924. Additions were constructed in 1959 and again, in 1960. The building has been subject to flooding on numerous occasions, most notably in 1969 from hurricane Camille. The Scottsville levee, targeted for completion in 1988, is intended to protect downtown Scottsville, including the school building, from future flooding. The U. S. Corps of Engineers has determined the one hundred year flood plain resulting from~completion of the levee will not infringe upon the portion of the prqperty proposed for residen- tial use. The building was used as a school until 1981 when the new elementary school on Route 20 South opened. Currently, the Albemarle County Parks and Recreation Department operates several programs in the gymnasium and cafeteria including the youth basketball program, karate classes and exercise classes. The Parks Department is also responsible for renting and scheduling Various public meetings and civic group activities in the gymnasium. The remainder of the building is not in use. With regard to improvements to the build'lng, asbestos was previously removed from the gym and cafeteria. The County approved spending $57,000 for asbestos removal in the 1985-86 Capital Improvements Program for the remainder of the building. Proposal: There has been a history of interest concerning possible adaptive re-use of the structure for elderly housing. Previously, a private company proposed to rehabilitate~the school to provide 30 units for the lower income elderly. Theicurrent proposal would create 35 units for the same market. Th~ feasibility of such a conversion in use could be enhanced by u~e of the Albemarle County's Section 8 Moderate Rehabilitation Grant ~rogram for rental property. A preliminary analysis of the structure ~ndicates adaptive re-use could create approximately 35 one bedroom and/or efficiency units. The County will retain use of the gymnasium area for community and recreation use through a long term lease agreement. Compliance with the Comprehensive Plan: iThe~proposed Comprehensive Plan amendment to change the designated ~and use of the old school 14 March 16, 1988 (Regular Night'Meeting) (Page 14) building to residential use meets the following goals and~objectives of the Plan: Human Resources Goal 3: Provide safe, sanitary and adequate housing for Albemarle County residents of all income groups. Objectives: Take advantage of and promote Federal and State programs as they relate to Albemarle's housing problem. Maintain the wide choice of housing types and locations available in the county to the extent that this policy does not conflict with other conservation, agriculture or residential policies. Development Goal 5: Conserve and promote efficient energy utilization in the County. Object ives: Continue to encourage land use arrangements and densities that facilitate energy-efficient transport'ation systems and reduce the need for, and utilization of, ~he private automobile. Goal 6: Establish balanced residential communities in the County with the provision of adequate employment and service facilities. Objectives: Maintain land-use planning and facility s~andards for new housing development which encourages the use of good design and the provision of pedestrian, recreation and service amenities. Continue to encourage variations in housing types and densities and to keep business uses to scales appropriate for their location near residential areas. Continue to review the location, population, size, kinds of public facilities and utilities and character of develop- ment to be maintained for country villages~where growth is to be encouraged. Maintain regulations and incentives which shift scattered rural development into villages with sizes'and character comparable to existing villages in Albemarle County. Additionally, the land use plan narrative for the Village of Scotts- ville states 'utilization of the Scottsville school for public and/or recreational purposes should be considered in the development of the village' The Community Development Plan section states that the County's role in providing new housing units should 'focus on Federal and State programs and on proViding incentives to deVelopers-builders at the local level. Provision of new units, if on a~large scale, should be considered appropriate in growth areas' Also, the section states the County should 'promote the availability of an adequate supply of housing units ... through the development uegulation decision-making process.' Relative need for Residential Development in the VilSage of Scotts- ville: During recent years, very little residential!development has occurred within the Village of Scottsville. The 198~ Development Activity Report and a 1987 comparison of building permits for new March 16, 1988 (Regular Night Meeting) (Page 15) residential dwelling units indicates that one residential building permit has been issued in the Village Of Scottsville since 1983. No new lots were created in the village area during 1986. A 1986 inventory of residential development has identified within the village boundary of Scottsville the following residentially zoned acreages: Total property zoned residential acres Developed residential acres Undeveloped residential acres 609 (100 percent) - 262 (43 percent) 347 (57 percent) The Old Scottsville School property is within a five minute walk of the post office, branch library, police station, fire and rescue squad station and commercial core of Scottsville. In this regard, the school property is unique in terms of its size, development potential and relationship to an existing community. Demographically, the Scottsville area exhibits need for provision of some type of elderly housing. The 1980 Census reported a population of 528 persons in Scottsville and its immediate vicinity. Of that population, 102 persons (19.3 percent) were 65 years of age or older. County wide 11.9 percent of the total population was 65 years of age or older in 1980. In the Scottsville area, 30.3 percent of those persons 65 years or older reported a 1979 income below the poverty level (as compared to a County average of 7.7 percent of the total population). In 1980, the Census identified 75 rental units within the Scottsville area. Of that group, only four units were reported vacant. There- fore, due to a comparatively large elderly population, the relatively high incidence of elderly 'disadvantaged' and shortage of available rental housing, a housing development for the elderly appears to be justified. In addition, due to the census factors described above, the Scottsville area was targeted as a priority area in the analysis for identifying rental rehabilitation strategy areas for the Moderate Rehabilitation Grant application. ~ Staff Recommendation:: The staff recommends that the Albemarle ~County Comprehensive Plan 1982-2002 be amended as follows: Amend Map 15: Village of Scottsville Land Use Plan as it relates to the Old Scottsville SchOol property. The recommended land use would be changed from public institutional to medium density residential. Amend the text of pa~e 202~ the Sco~tsville Plan, to describe the proposed re-use of the Old Scottsville School. This recommendation is based on the finding that adaptive re-use of the Old Scottsville School for elderly mental housing would be appropriate and in keeping with the goals and objectives of the Albemarle County Comprehensive Plan 1982~2002. Since staff review was limited to adaptive re-use for low-income, elderly housing, this recommendation does not necessarily support standard residential development." Mr. Horne said the Planning CommiSsion, at its meeting on March 1, 1988, unanimously recox~ended approval of the amendment. Agenda Item No. 9. ZMA-88-2. Jordan DeVelopment Corporation. To rezone a five acre parcel from VR to R-10 to allow for the rehabilitation of the former school building into housing facilitie~ for low/moderate income March 16, 1988 (Regular Night Meeting) (Page 16) elderly. Property located adjacent on the west side of the Town of Scotts- ville and St. Route 1301. Tax Map 130A(2), Parcels 76 and 76A. Scottsville District. (Advertised in the Daily Progress on March 1 and 8, 1988.) Mr. Horne presented the following staff report: "Foreword: This report assumes that the Comprehensive Plan has been amended in accordance with CPA-88-1. Usage of the property is assumed to be dependent on execution of the purchase agreement including fee acquisition of additional land from UniRoyal (The school building currently encroaches on UniRoyal property. Addi- tional land adequate to maintain required building setback should be acquired and rezoned). This zoning map amendment is being presented in conjunction with a request to amend the Comprehensive Plan to designate this property for medium density residential. If that accompanying Comprehensive Plan amendment is not approved, then this zoning request would clearly not be in conformance with the Comprehensive Plan. Character of the Area: This site is bounded on the'inorth, northeast and east by residential neighborhoods in the County land in the Town of Scottsville. The areas in the County are zoned ~, Village Residential, and consist of mostly single family dwellings. Adjacent lands to the south and west are also zoned VR, Village Residential, and are vacant. Further to the west is property occupied by UniRoyal which is currently zoned heavy industry and is occupied by a manufac- turing facility. Further east, in the Town of Scott. sville, is a mixture of commercial and residential development in the downtown area of Scottsville. ~ Staff Comment: i~ This property is located with the flood plain of th~ James River. With the completion of Phase II of the levee at Sco~tsville, it is the understanding of the staff that this property would no longer be within that flood plain and would be protected from ~the one hundred year flood. County staff has requested formal action by FEMA to amend the flood plain designation for this property,i The Building Official has stated that a building permit could no~ be granted for construction on this site until he had received certification that the property was no longer in the flood plain. Pha~e II of the levee at Scottsville is scheduled for completion in 1988. ~ Page Street (Route 1301) which directly serves this parcel is a paved state maintained road in good condition and is currently serving 269 vehicles per day. Virginia Department of Transportation (VDOT) has commented that the road is currently tolerable. VDOT has recommended that a site plan be required so that access can be addressed. There are existing connections to public water and slewer at the school at this time. Existing water pressures are ~timated at 850 gallons per minute at 20 pounds per square inch. The Fire Official has stated that this is adequate to serve a proposed~ residential use of this structure. The Albemarle County Service Authority has stated that they would anticipate that the flows from residential units in this structure would be roughly similar to the flows that were experienced during the use of the structure as a schbol. While the proposed connections will be reviewed at the time of~ development, the Service Authority does not anticipate any unusual problems. Uses involving housing of the elderly have been consistently reviewed for compliance with Section 5.1.13 of the Zoning Ordinance. Staff opinion is that the proposed rezoning is consistent With this cri- teria. In addition, physical impacts of the propose~d development to the immediate area would not be objectionable: } Housing for the elderly would not generate~significant amounts of vehicular traffic. Most of thelneeded services March 16, 1988 (Regular Night Meeting) (Page 17) 17 for the residents are within a five minute walk to the downtown Scottsville area; The physical and visual impact of housing for the elderly in the existing structure would be very minimal; The applicant has submitted three proffers to limit this rezoning petition (See Attachment A): No more than thirty-five (35) residential apartments will be developed on the property. There will be no further additions or expansions of any type on the site. Tenancy will be limited to persons of low to moderate income aged 62 and over. Rental subsidy assistance under the Section 8 Moderate Rehabili- tation Program will be used to the extent and for the length of time available. Staff opinion is that these proffers adequately limit zoning of the property to the proposed usage and minimize issues of precedent for conventional higher density zoning requests. Staff recommends approval." Mr. Home said the Planning Commission at its meeting on March 1, 1988, unanimously recommended approval of the above-noted request to rezone 3.864 acres from VR, Village Residential, to R-10,1Residential (proffer). This recommendation for approval is subject to the proffers as outlined in the letter dated February 15, 1988, which follows, and adding Proffer No. 4: "Mr. John T. P. Horne Director of Planning and Community Development Albemarle County Office Building 401McIntire Road Charlottesville, VA. 22901 Dear Mr. Horne: In consideration of the Corporation's petition of January 25, 1988 for the rezoning of the old Scottsville School (Tax Map 130A(2), Parcels 76 and 76A to an R-10 district from a Village Residential district, the Jordan Development Corporation proffers the following considerations: No more than thirty-five (35) residential apartments will be developed on the property. There will be no further additions or expansions of any type on the site. Tenants will be limited to persons of low to moderate income aged 62 and over. Rental subsidy assistance under the Section 8 Moderate Rehabilitation Program will be used to the extend and for the length of time available. If additional information is needed, please notify us. Sincerely, Forrest D. Kerns (Signed) President Added: The property will not be used for any of the uses allowed under R-10 zoning prior to the satisfaction of all terms, conditions and contingencies set forth in the contract dated January 13, 1988 between the petitioner and County of Albemarle." March 16, 1988 (Regular Night Meeting) (Page 18) Mr. Lindstrom asked what would be done with the portion of the property colored yellow on the map. Mr. Horne said that property is not being zoned at this time. There is a contingency to the purchase agreement, he continued, that states the purchaser must be provided with free and clear title to that property. Assuming this property is acquired, Mr. Lindstrom said, will the Board have to go through this whole process again? Mr. Horne said the property will have to be rezoned, but, in his opinion, the Comprehensive Plan will not have to be revised. Mr. Bowie asked if Proffer 4 meant that the property could be used for nothing else if the Board were unable to satisfy all the~terms, conditions and contingencies of the contract. Mr. Lindstrom said the proffer does sound as if there will be no use of the property if all the conditions are not met. Mr. St. John said the proffer is worded this way because the County cannot have an automatic rezoning in advance. Mr. Horne agreed.that this proffer could take away all use of the property, but he does not think this will happen, since the County owns the property and would the=efore be most affected. Mr. Bowie asked if the project has been approved for Section 8 Moderate Rehabilitation rent subsidies. Mr. Horne said the United States Department of Housing and Urban Development (HUD) has approved the project, and agreed to allow it to enter an AHAP. Once the project has entered an AHAP, Mr. Home said, it will be honored, regardless of whether the Section 8 program is extended. Mr. Way opened the public hearing. He said this is the third public hearing the Board has held on this issue. Tonight, he said, he will allow the applicant and other proponents of the project to speak for 15 minutes, then the opposition will have 15 minutes to present their case. The applicant's attorney, Mr. Nicholas Munger, addressed the Board and introduced the architect for the Jordan Development Corporation, Mr. Daniel Debettencourt, to show the Board how the old Scottsville School will be adapted to suit the project. Mr. Debettencourt, of D.D. Associates, said he has been working on this project since 1985. He said the first aspect of the project was its historic value. He said the School was built in 1924 and is immed~ately adjacent to the western boundary of the Scottsville Historic Districti In early February, he said, he met with Mr. John Wells, of the Virginia Hist6ric Landmarks. Mr. Debettencourt read a letter from Mr. Wells, in which he said he was pleased with the proposed rehabilitation of Scottsville School. Of the school itself, Mr. Wells said: "While the building is no architectural Marvel, it is a valuable element of Scottsville's cultural history and evidence of the commu- nity's investment in education." Mr. Debettencourt said kart of the project will be to build the exterior of the school up to the condition it was in 1924. He said the proposed renovation program will also ~ebuild all public spaces within the school, the stairwell and the corridors~ to their original condition in 1924, adding period light fixtures and rebui!ding the wainscotting and the wood floors. The second issue, Mr. Debettencourt said, is the strl the building. The School stands in the flood plain, with six feet in the first floor of the building. He said he engineer evaluate the building, who identified some damage wood floors, but concluded that most of the damage was cot building was suitable for the proposed renovation. ~ctural integrity of a high water mark of ~ad a structural ~d areas, such as the metic and the Mr. Debettencourt said the third issue was the suitab~ility of the School as a place for the elderly. He showed the Board plans fo~ the renovation and said 26 of the 34 apartments would be easily accessible t~ the physically handicapped. ~ Mr. Ed Whalen, a resident of the Scottsville District, addressed the Board and said he supported the proposed Scottsville project. There is a March 16, 1988 (Regular Night Meeting) (Page 19) great need in the County, he said, for decent, affordable housing for the elderly poor. This project would address this need and could be a real boon to the Scottsville community, he said. He said he expects a community of elderly people, with a wealth of knowledge and experience, to be a financial and social asset to Scottsville. The Secretary of the Scottsville Ruritan Club, said the Ruritans at their Marchmeeting, endorsed the use of the Scottsville School for the project planned by the Jordan Development Corporation. He said the Ruritans felt this project would go hand-in-hand with their hopes to develop a mini-park on the Scottsville School grounds controlled by the County Department of Parks and Recreation. He said the Ruritans believed this project would benefit the community financially. Speaking for himself, he said, he would like to go on the record to say that the opposition of the Scottsville Town Council to this project is based on racial and social prejudice. He asked the Board to approve the project. Mr. Jerry King, a member of the Advisory Council for the Jefferson Area Board on Aging (JABA), presented a resolution passed by JABA, asking that the Board approve the sale and use of the Scottsville School as housing for the elderly and handicapped. Mr. Way asked if anyone else would like,to speak in favor of the project and said they would have about thirty seconds. Mr. Franz Stillfried, a resident of the'Scottsville District and a member of the Independent Resource Center (IRC), addressed the Board. He said the IRC was gratified to learn that 30 of the units would be accessible to people with disabilities. Based on his own experience, he said, there is a critical shortage of affordable housing in this area ~hat is accessible to the handi- capped. He said he believes the Jordan Development Corporation has addressed concerns about the safety and the suitability of this project. He said the people who will live in this development hav~ given much to the community over the years; now it is time to give something ~ack to them. He asked that the Board approve the proposal to renovate old Scottsville School. Mr. Way asked if there were anyone present who would like to speak in opposition to this project. Mr. Jesse Grove, Attorney for the Town of Scottsville, addressed the Board. He said he might favor the project if it were located somewhere else. The proposed renovation, he said, is contrary to the Town's zoning ordinance and to the flood plain ordinance. He said the project will encroach upon the historic district the Town has tried to protect over the years. No matter what the Federal Emergency Management Association says, he said, the School still stands in an area that has been flooded and may be flooded again. If the County allows multi-family dwellings in this area, he said, the County owes it to the elderly people who will live hHre to protect them from the floods. He suggested that the County take over the operation and maintainence of the levee. Mr. Grove said he thinks the request to 'rezone is premature. He said the contingencies in the contract should be satisfied before the Board acts to rezone this property. He said he sympathizes with the elderly people and supports housing for them, but he does not t~ink this is the proper location for such a project. ~ Mr. Harold Pillar addressed the Board and said he was not against old people or poor people. He said he suspects the members of the Board have already made up their minds. He said he does~not think the Board has consid- ered any other proposal for the school. He said children in Scottsville have to ride the bus for one and one-half hours tolget to school. Scottsville School was abandoned because it lies in a flo6d plain, he said. If the School is good enough for elderly housing, he said, ~t's good enough for a school. The people of Scottsvile are not interested ih preserving just the building, he said, they would like to keep that buildingasa~hool. Mr. Raymon,~ Thacker, Mayor of the Town of Scottsville,.addressed the Board. He said he is concerned that the Board is moving too quickly on this project. He said he is concerned that removing Scottsville School from the 2O March 16, 1988 (Regular Night Meeting) (Page 20) flood control ordinances of the Town of Scottsville might endanger the flood insurance program that covers homes and businesses in the area. He said he would like to have assurances from the Federal EmergencyManagement Agency that this will not happen, before the Board takes action on this request. Mr. J. Gilbert Sox~ers, a resident of southern Albemarle, asked that the Board not approve the project. He said it makes no sense to him to change a school into a housing project and then build another school. He said there is a movement away from the big, centralized schools of the 1960's and toward smaller, community schools. If floods are no longer a threat to the Scottsville School, he said, the School should be used for the reason it was designed and built. Since no one else wished to speak either for or against the project, Mr. Way closed the public hearing and placed the matter before the Board. Mr. Way asked Mr. Home to describe his communications with the FEMA as related to Mr. Thacker's concern about flood insurance. Mr. Home said a representative from FEMA assured him that reclassifying this property would not make any of the properties receiving flood insurance now ineligible for the insurance. He said there were two ways action can be requested from FEMA. The first way is with a letter of map revision, which is usually done for a broad area, rather than juSt one property, and which does involve a change in insurance rates. The second way is through a letter of map amendment, which involves specific properties and this is what the County has requested from FEMA: a letter of map amendment on this parcel only. The County has not asked that any other property in the area be reclassified. At 9:33 P.M., the Chairman called a~? recess. The Board reconvened at 9:43 P.M. Mr. Way asked Mr. St. John for his feelings on the possibility that merchants and homeowners in Scottsville might lose theirlflood insurance as a result of the reclassification. When the levee is certified, Mr. St. John said, FEMAwill probably reclassify the entire area from ~unprotected flood plain to protected flood plain. He said he interpreted Mr. Thacker's concern to be based on a feeling that the Board was moving too fast, that it should wait for FEMA to certify the levee and reclassify the area before the Board rezoned the School. Mr. Bowie said the contract is contingent upon the levee being certified. Mr. St. John said he believes the Mayor is concerned thatlthe official act of rezoning could have an adverse impact on the flood insurance program. One of the requirements for a federally insured flood program is that the locality not allow any construction in a flood plain. He said the' crux of the matter is whether FEMAwill consider this act of rezoning a violation of the require- ments for the flood insurance program. According to Mr. Horne, Mr. St. John said, the FEMA will not take this position. ~ Mr. Lindstrom said he thought part of the concern was due to the fact that constructing a building in a flood plain may create hazards for people and property who live downstream. In this case, he said,~the County would not be adding anything to the flood plain, but would be renovating an existing building, without expanding it in any way. Mr. St. John paid Mr. Lindstrom's argument was logical, but no one could be sure what the FEMA would do after learning that the Board has rezoned this property. Nevertheless, Mr. St. John said, he thinks it is unlikely that residents of the Town!of Scottsville will lose their flood insurance. ~ Mr. Lindstrom said FEMA was against government-sponspred construction in the flood plain. Rezoning, he said, is not construction, lnor does it trigger construction. Mr. St. John said this was true, but another requirement for the federal flood insurance program was that the locality!~must enact a flood plain zoning ordinance. He said he agreed with Mr. Linds~rom, but believed there was room for concern. Mr. Horne said the provisions of the flood plain ordinance are triggered by a building permit and actual construction, not zoning.~ March 16, 1988 (Regular Night Meeting) (Page 21) 21 Mr. Way said he felt he should try to respond to the concerns raised by Messrs. Pillar and Sommers. In principle, he said, he agrees with what these men said. He attributed his decision to run for public office in 1968 to the closing of the Scottsville School. He said he would be in favor of reopening the old Scottsville School as a high school, if he thought there were a chance of this happening. He said there are several reasons why it is very unlikely that Scottsville School will ever be a high school: its location in a remote corner of the County and the lack of a significant population of high-school- aged children nearby. If the Jordan Development Corporation did not renovate the building, he said, he does not think anybody else will and the Town could lose the building entirely. Mr. Way said the requested rezoning has to take place before anything else can happen and before HUD will release the funds. Mr. Way said he will support the request for rezoning, even thOugh he thinks the concerns raised are legitimate, but he thinks this project will be good for the community of Scottsville. Mr. Bowie said he served on the Building Committee, which has been trying the solve the problem of what to do with the Scottsville School Building for almost three years. He said the building is deteriorating and the property has been vandalized. He said if the County c0uldn~-~ an agreement with a buyer, the building would either be razed or it would become an eyesore. Once the project is finished and the School is landscaped and returned to its original condition, he said, he thinks the residents of Scottsville will be very pleased with the project. Nor, he said, can he think of a better loca- tion for housing for the elderly than five minutes away from everything they need. Sometime in the future, Mr. Way said, he thought the Board should meet with the Town Council to discuss financial concerns relating to the operation and maintenance of the levee. Mr. Bowie said he agreed. Motion was offered by Mr. Bowie and seconded by Mr. Lindstrom to approve CPA-88-1, as recommended by the Planning Commission which is to: "Amend Map 15: Village of Scottsville Land Use Plan as it relates to the 01d Scottsville School property by changing the land use from public institutional to medium density ~esidential. Amend the text on page 202, the Schoots~ille Plan to describe the proposed resude of the Old Scottsvile ScAool." There was no further discussion. Roll was called and the motion carried with the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Motion was offered by Mr. Bowie and seconded by Mr. Lindstrom to approve ZMA-88-2 with the proffers set out in a letter dated February 15, 1988, addressed to Mr. John T. P. Horne, signed by Mr. Forrest D. Kerns, PreSident, The Jordan Development Corporation, and adding Number 4 as set out above. There was no further discussion. Roll was called and the motion carried with the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. (Note: Proffer set out below: No more than thirty-five (35) residential apartments will be devel- oped on the property. There will be no further additions or expan- sions of any type on the site. Tenants will be limited to persons of low to moderate income aged 62 and over. 22 March 16, 1988 (Regular Night Meeting) (Page 22) Rental subsidy assistance under the Section 8 Moderate Rehabilita- tion Program will be used to the exten~ and for the length of time available. The property will not be used for any of the uses allowed under R-10 zoning prior to the satisfaction of all terms, conditions and contingencies set forth in the contract dated January 13, 1988, between the petitioner and County of Albemarle.) Agenda Item No. 10. ZMA-87-22. Reynovia Land Trust. To rezone 165.3 acres from R-1 to PRD. Description of request includes 207 single-family units on 68 acres (1.3 units per acre), and 100 multi-family units on 11.5 acres (9 units per acre). The applicant proposes 68.3 acres as open space. Property located on west side of Route 742 at intersection of Route 20. Tax Map 90, Parcel 36A. Scottsville District. (Advertised in the Daily Progress on March 1 and March 8, 1988.) Mr. Home presented the following proposal: "APPLICANT'S PROPOSAL: The Application Plan proposes residential development and open space areas as follows: GROSS RESIDENTIAL DENSITY 207 single family lots on 68 acres 100 multi family units on 12.1 acres 1.86 dus/ac 3.04 dus/ac i(net) 8.26 dus/ac (net) USE ACREAGE PERCENTAGE TOTAL Residential 80.1 Public road right-of-way 17.5 Open Space 67.7 48.4 percent 10.6 percent 41.0 percent STAFF COMMENT: Section 8.5.4 of the Planned Development regulations~requires the Commission in its recommendations to the Board to include findings as to: ~ The suitability of the tract for the general type of PD district proposed in terms of: relation to the comprehensive plan; physical characteristics of the land; and its relation to surrounding area; Relation to major roads, utilities, public fac£1ities and services; Adequacy of evidence on unified control and suifiability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments or for amendments~in those pro- posed; and ~: Specific modifications in PD or general regulations as applied to the particular case, based on determination that such modifi- cations are necessary or justified by demonstration that the public purposes of PD or general regulations as~applied would be satisfied to at least an equivalent degree by such modifica- tions. Based on such findings, the Commission shall recommend approval of the PD amendment as proposed, approval conditioned upon stipulated modifications, or disapproval. The remainder of the staff report will address these!issues. March 16, 1988 (Regular Night Meeting) (Page 23) 23 Comprehensive Plan/Relation to Surrounding Area: Mill Creek PRD is located in Neighborhood Four of the Urban Area. The Comprehensive Plan recommends low-density residential in this area with a range of one to four dwellings per acre. Proposed gross density of Mill Creek PRD is 1.86 dwelling units per acre. Multi- family units are proposed within the development. In the past, some concern has been expressed as to appropriateness of multi-family development (regardless of density) in low-density areas. At staff request, the Application Plan has been amended to provide some buffering between multi-family units and adjoining properties. Staff may recommend supplementary screening during site plan review dependent on the adequacy of existing conditions. Under these circumstances, staff can determine no objection to mixing of dwelling types. Site Characteristics/Relation to SurroUndin~ Area: Several loam soils are present on this site, with moderate to severe limitations on development. The Soil Conservation Service has stated that 'there are a large number of soils on this parcel of land. Most of the soils are deep or moderately deep and well drained. The problem areas will be those where the slopes are steep. Soils in the steep areas will be very shallow to bedrock.' Avon Street generally runs along a ridgeline. Several tributaries to Biscuit Run originate in this area, some of which feed Lake Reynovia. The western portion of the site slopes dramatically to off site Biscuit Run tributaries. The majority of the site, however, slopes toward the center, draining to Lake Reynovia. Most runoff to Lake Reynovia would pass through a stormwate~ control lake. Staff will recommend that all drainage areas to Lake Reynovia be protected by soil erosion and sedimentation control measures during construction activities. (This may require off-site~installation of control measures on Lake Reynovia property). Due to steepness of the site, the applidant has requested two modifi- cations of standards/regulations: 1. Modification of Virginia Department of Transportation (VDOT) curvature standards to reduce horiziontal curvature for the entrance roadway from 410 feet to 300 feet. 2. Modification of Section 4.7.3 OPEN SPACE, CHARACTER of the Zoning Ordinance to increase proporltion of 'unusable' land and consequently reduce proportion of 'usable' land in open space. VDOT curvature standards: Attachment A ~contains several items of correspondence related to waiver of VDOT curvature standards as well as a request to the County Engineer's Department relative to road grading on critical slopes. While waiver of curvature standards is pcimarily a matter for VDOT to consider, issues of safe and convenient access are also zoning matters. The applicants justification f~r the waiver request is in terms of excessive fill and other grading necessary to meet VDOT standards with the entrance road in its ~urrent proposed location. Public right-of-way still exists along the prior alignment of Avon Street which may allow the access to be ~oved southward. This issue should be thoroughly explored, and VDOT Standards met if practical. Regarding grading for road construction 6n steep slopes, the County Engineer provided written recommendationion February 10, 1988, for realignment of certain road segments intended to reduce curvature and improve lot layout related to drainage and slope (See Attachment B). Again on February 22, 1988, the County E~gineer recommended that 'final road alignments shall be designedilto minimize the impact on 25 percent or greater slopes and shall be s~bject to approval by the County Engineering Department' and that such an arrangement would provide 'enough latitude to ensure final road alignments are the most 24 March 16, 1988 (Regular Night Meeting) (Page 24) environmentally sensitive we can obtain. (See Attachment C: Final Engineering comments on this rezoning). Open space requirements: Section 4.8.3 of the Zoning Ordinance limits the amount of required open space which may consist of the one hundred year flood plain, lands in 25 percent or greater slope, public utility easements, stormwater detention/flood control devices, and lands having permanent or seasonally high water tables. In order to meet these requirements for Mill Creek PRD, about 29 acres of developable land would need to be included in open space. This could result in a loss of a substantial number of lots (while no analysis has been made, theoretically, more than 80 lots could be lost). The applicant has requested modification of~this requirement (See Attachment D) based on Section 4.7.1 which cites such Comprehen- sive Plan objectives as: Provision of active/passive recreation; Protection of areas sensitive to development; Buffering between dissimilar uses; and Preservation of agricultural activity. Application of the first three objectives is appropriate in this case. Staff can support the requested modification provided that these three objectives are pursued in good faith: Provision of active/passive recreation: The Application Plan should be amended to note active recreation areas within the multi-family area as required by 4.16 of the Zoning Ordinance and previously recommended by staff. Ce Protection of areas sensitive to development: ~n Site Review Committee meeting and in a subsequent meeting, the Planning and Engineering staffs recommended redesign of lots~to reduce steep slopes and exclude streams/significant drainage swales (See Attachments B, C, E). Rather than recommend deletion of lots at this time, Planning and Engineering staffs will'recommend that each lot contain a minimum area, exclusive of critical slopes, intended to accommodate buildings and provide some usable yard areas. In regard to drainage concerns, the applicant should agree to divert/pipe drainage where design criteria cannot be met (in this case, design criteria shall be the same as for Mill Creek PUD). ~ Buffering between dissimilar uses: As stated e~rlier, the Application Plan has been amended to increase b~ffering between the proposed multi-family area and adjoining properties. Additional screening may be required. ~ In summary, due to drainage to Lake Reynovia, soil limitations, steep slopes and presence of streams/swales, staff favors emphasis on usage of open space to protect areas sensitive to development. As a condition of modification of open space regulations ~s provided by Section 8.5.4(d), certain areas proposed for development should be included in open space. Staff could support a corresponding increase in the number of multi-family units provided such increase can be accommodated in an environmentally sensitive manner. ~ Transportation: This section of the report will discuss external and internal roadway matters related to this proposed development. Discussion of curvature waiver and internal realignment has already been provided under site characteristics. External Roadways: The Charlottesville-Albemarle Transportation Study (CATS) report proposed no improvements to Avon Street (Route 742). As VDOT observed in 1987 during review of Mil! Creek PUD, traffic on Avon Street exceeded CATS projections for~the year 2000. Staff at that time stated that 'the fact that curren~ traffic levels exceeds CATS projections for the year 2000 emphasize~ the need for continued transportation planning and constant monito~ring.' Recently March 16, 1988 (Regular Night Meeting) (Page 25) 25 during review of the Six Year Secondary Road Plan, VDOT recommended that attention be given to inclusion of Route 742 into the plan for improvement. Also, since that time, agreements have been finalized with the developer of Mill Creek PUD for a portion of an east-west connector road from Avon Street to Fifth Street Extended and engineering feasibility studies have been completed for the portion of the roadway west of Mill Creek PUD. In addition, engineering studies are complete for an east-west connector roadway from Avon Street to Route 20 South. Mill Creek PUD was approved for more than 300 dwellings, the current Mill Creek PRD proposal exceeds 300 dwellings and staff anticipates submittal of Hillcrest as a planned development in the near future (Prior Hillcrest proposal was for 720 dwellings). Again, staff emphasizes the need for continued transportation planning in the southern urban area. Regarding access from Avon Street into Mill Creek PRD, VDOT has recox~ended (See Attachment E): A three-lane width access road at the intersection with Route 742 to provide for one in-bound lane and two out-bound lanes; 2. A right-turn lane on Route 742; 3. A left-turn lane on Route 742; 4. Improvement along the frontage of Route 742 to include 26 feet of pavement from the centerline and curb and gutter and appro- priate storm sewer. The Application Plan has been amended tQ include Items 1 and 2 above. Staff recommends that additional study be undertaken to determine if a left-turn lane is warranted. This study should be a part of the applicant's traffic analysis required by VDOT to determine design criteria for internal roads). This study will be completed with the initial subdivision proposals. Staff d~es not recommend improvement to Avon Street as recommended in Item 4 Isince such improvement in staff opinion is not directly attributed to this proposed develop- ment. Internal Roadways: County Engineering and VDOT recommend urban cross-section (i.e.- curb and gutter) on internal roads. YDOT recommends 'curb and gutter for interna~ roads due to terrain, lot sizes, and scope of development.' The County has no consistent policy regarding urban versus rural section. In September, 1987, the Planning Commission's transporta- tion and public services subcommittee endorsed a staff report which recommended that urban section be required in cases where average lot frontage was 70 feet or less. Under that recommendation, urban section would not be required in Mill Creek PPD. This item was discussed extensively during review of Mill Creek PUD. The Planning Commission approved rural cross sections on roadways in that develop- ment. Lot sizes and frontages in this PPD are very similar to the previous PUD. Planning staff recommends approval of rural cross- sections here, based on the previous decisions of the Commission. The staff will bring the proposed policy to the Planning Commission for formal adoption in the near future. For a development of this scale, staff r~commends two reasonably direct means of access to external public roads. The Application Plan has been amended to accomplish thisi, recommendation by a private road linkage at the lake which will also, provide access/parking to the lake area. Due to the topography, staff opinion is that a linkage between Mill Creek PUD and Mill Creek PRD would be imprac- tical. 26 March 16, 1988 (Regular Night Meeting) (Page 26) Public Utilities: Public sewer would be extended through Lake Reynovia to serve this development. Consistent with Planning Commis- sion policy, easements will be obtained prior to subdivision review. Public water will be available from the nearly-complete storage tank located to the north. Elevation of the storage tank is not adequate to provide fire protection and may not be adequate to provide domes- tic service throughout this development. System enhancement will be necessary. Dispute exists as to whether the developer or Albemarle County Service Authority is responsible for necessary system enhance- ment. While this is a matter to be addressed by those two parties, staff will be unable to issue any final subdivision approval where fire flow is inadequate. Schools: Children from the development would attend Rose Hill Elementary, Walton Middle, and Albemarle High Schools. The School Board's site selection committee is evaluating several sites in the southern urban area for location of a new elementary school to serve the Rose Hill school district. A recommendation from the committee to the School Board is anticipated in the near future. Staff Recommendation: Staff opinion is that Mill Creek PRD generally satisfies the requirements as to findings by the Commission under Section 8.5.4 of the Zoning Ordinance in regard to r~ads, utilities, public facilities and services. As described in this report, staff opinion is that additional revision to the Application Plan and agreement by the applicant to pursue recommendations! of the Site Review Committee in good faith are warranted to make positive find- ings as to: The suitability of the tract relative to the proposed physical development; Its relation to surrounding area; and As to developmental guidelines of the Comprehensive Plan. Approval of this rezoning does not relieve the applicant of any requirement of the Zoning Ordinance, Subdivision Ordinance, or other applicable law except as specifically modified or waived by the Board in this approval. Likewise, approval does not preclude the Planning Commission from exercise of its discretion in future site plan and subdivision review. Staff recommends approval of ZMA-87-22 subject to the following revisions, modifications and agreements: Each lot shall contain a 5,000 square foot building site with a length to width ratio not to exceed 2.5:1. No ~riveway shall encroach more than 50 lineal feet on slopes of 25 percent or greater. ~i Staff will recommend deletion of additional lot~ due to drainage concerns during final approval unless adequate ~orrective measures are proposed by the applicant. The number of proposed single family detached units lost as a result of slope, drain- age, or other design considerations (excluding the desire of the developer) may be added to the number of multi-family units. Ail roads (with the exception of the private ro~d provided for emergency purposes) shall be built to VDOT standards for rural cross-section and placed in the Secondary Syste~., at time of development of the residential areas utilizing ~hose. roads. A looped road system providing for emergency access shall be provided at the earliest reasonable phase of development. A phasing plan proposing sequential improvements ~hall be submit- ted with the revised Application Plan. ~, As to the request for waiver of %rOOT standards,~'.~fDOT curvature standards shall be met, if practical, by relocation of access to -947 March 16, 1988 (Regular Night Meeting) (Page 27) 27 Avon Street. The Planning Commission may require a left-turn lane on Avon Street if the same is deemed to be necessary to provide safe and convenient access and avoid congestion on Avon Street. Soil erosion and sedimentation control measures shall be employed to the reasonable satisfaction of the County Engineer to provide protection to Lake Reynovia, including installation of off-site measures, if appropriate. This provision shall be deemed to be satisfied by separate agreement between the devel- oper and owner of Lake Reynovia. As to the request for modification of Section 4.7.3 OPEN SPACE, CHARACTER, such modification is granted subject to compliance with Condition 1 above, provision of active recreation in accordance with Section 4.16 in the multi-family area, provision of buffering to adjoining properties, and compliance with Condition 4 above." Mr. Horne said the Planning Commission at its meeting of March 8, 1988, recommended approval by a vote of four to one. Mr. Horne said a change in the site plan made the waiver of VDOT curvature requirements no longer necessary. He handed out copies of the revised application and showed on the map how the roadway will be changed to meet VDOT standards. He said the staff also worked with the applicant to determine whether the lots could have houses built on them. Some ~ots had to be expanded, or combined with others, or eliminated, to provSde buildable areas. He said the revised plan shows 209 single-family lots, an increase of two lots over the plan reviewed by the Planning Commission. H~ said the revised plan also shows 11 buildings to be used for multi-family units, rather than the ten buildings in the plan reviewed by the Planning Commission. Mr. Horne said the staff believes all bat two or three lots now meet the County's building requirements. If the Board wishes to approve this request, he said, he would suggest approving it for 2Q7 single-family units and 100 multi-family units, which is what was advertised. Mr. Lindstrom asked how much open space was required for this applica- tion. Mr. Horne smid 25 percent of tb~-s{~,mrea, or roughly 42 acres._ Of that 42 acres, Mr.~~o~s~ai~a~es ~De unusable~TMr~7, horne said Mr. Lindstrom was right. He said the applicant came very close to meeting the number required for open space, but did not even approach the requirement that only 30 percent of the open space could be unusable land. Mr. Lindstrom asked what percentage of the open space would be unusable. Mr. Home said he did not know, but he thought most of the open space was unus- able. Mr. Lindstrom said he was not sure he Understood the rational behind the waiver. Mr. Home said the staff felt that the open space, in this case, would be used less for recreation and more for buffering. If the staff is saying that it is no~ necessary to set aside a portion of developable land for open space, Mr. Lindstrom said, he thinks the staff is saying the zoning ordinance need not be followed. Mr. Home sa~d the staff has discussed with the Planning Commission that the open space requirement may be excessive in the urban area. Nevertheless, Mr. Lindstrom Said, the open space requirement is still part of the ordinance and he would not wish to set the precedent of acting without regard for the ordinance. He Said it bothers him to squeeze every last lot out of a piece of property without heeding zoning requirements. Mr. Home said the staff based its recommendation on the fact that the open space would be used for buffering rather than.recreation and that it might not be appropriate to delete large sections of developable land from an area the County wants developed. One of the reasons for requiring that open space be usable land, Mr. Lindstrom said, is to make recreational areas available to the people who will live in the development, reducing the need for public parks. He said it is important that the open space be suitable for~recreational activities other than just rolling downhill. He said he does not want to waive the requirement without knowing just how much of the open spa~e will be unusable. 28 March 16, 1988 (Regular Night Meeting) (Page 28) If the ordinance were applied strictly, Mr. Home countered, 30 acres of developable land would be removed from a site that has only 1.86 dwelling units per acre. Mr. Lindstrom said he understood the Planning Commission planned to suggest increasing the size of the growth area on Route 20 North to offset the fact that so much land in the urban area cannot be developed due to slope. Mr. Lindstrom asked what were the issues raised during the Planning Commission's discussion of the request for rezoning. Mr. Home said questions arose concerning the modification of the open space requirement, the suitabil- ity of this property for the proposed density and whether the roads should be built with urban or rural cross-sections. Mr. Lindstrom said the Board agreed to allow the developer of the first part of Willoughby subdivision to use rural cross-sections on its roads, because the developer complained that installing curbs and gutters would be very expensive. Curbs and gutters were included in later parts of this subdivision, he said, and these later sections looked much neater and nicer than the early section. He said he thinks the use of the rural cross-section reduced the resale value of the houses in the early subdivision. Mr. Horne agreed that the issue over rural versus urban croSs-sections was basically one of present costs versus future costs. Mr. Bain asked if there would now be two entrances ~to the subdivision instead of one. Mr. Horne said "yes"; the entrance added!would access the multi-family portion of the project from Avon Street. Mrs. Horne said neither the staff nor VDOT has had a chance to study this second,entrance. Mr. Lindstrom asked why this application was before the Board, if VDOT has not reviewed the roads. Mr. Home said the Board could attach conditions concern- ing access if there is concern. Mr. Way opened the public hearing. Mr. George Gill~am, representing the applicant, addressed the Board. He said he would not mind deleting the access onto Avon Street. Without this access, he said, an inte=nal road would have to be built over steep Slopes, which would necessitate mHch cutting and filling. He said the Planning Commission did not find th~s desirable. Mr. Gilliam said Section 4.7.1 of the Zoning OrdinanCe states that open space provisions "are intended to encourage developmenta~.iapproaches reflec- tive of the guidelines of the Comprehensive Plan by permiltting flexibility in design." Mr. Gilliam then read the four objectives open ippace is expected to serve, which are also mentioned in the staff report. He read on: "To this end, in any rezoning, subdivision plat, or site development plan proposing inclusion of open space areas, the Commission shall consider the appropriate- ness of such areas for the intended usage in terms of such factors as loca- tion, size, shape and topographical characteristics". Heisaid he thinks the developer has satisfied the requirements. The requirements for open space, he said, does not contemplate that the Board will extract la~ge areas of buildable land from the developer. He said this might force the developer to buy more farmland in order to build the same number of ho~ses, which would run counter to what he sees to be the Board's objectives. Helsaid this property could be developed, not as a PRD, but as a conventional development, and get just about the sane density without providing any open space. He said he thinks the aims of the Board would be better served if th~ property is devel- oped as a PRD. Instead of staying with the 5000 square foot buildin!~ site, he asked, is the staff now recommending that there be 207 lots with bu~lding sites as defined in the ordinance without reference to any specifi: square footage? Mr. Horne said not necessarily: 207 of the 209 proposed .ors meet the square footage requirement; it is more a question of how long th developer wishes to haggle over two lots. He said the staff recommends keeping the square footage criteria and developing only 207 lots. If there is a maximum of 207 lots, Mr. Gilliam said, he will agree to it. But, he said, Sectmon.4.2.1 of the Zonmng Ordinance establishes the requirements for a building site and states "for a use served by a central sewerage system, the applicant sh~ll demonstrate that the building site is of adequate area for the proposed development". If the Board wishes to adopt a minimum building site of 5000 square feet, he said, the Board should amend the Zoning Ordinance. March 16, 1988 (Regular Night Meeting) (Page 29) 29 Mr. Way said he understood the staff's recommendation: if most of the open space was too steep for recreation, then at least the lots should be big enough for families to enjoy. Since no one else wished to speak concerning this request, Mr. Way closed the public hearing and placed the matter before the Board. Mr. Lindstrom said he appreciates Mr. Gilliam's argument: that his client plans to save the rural area by building as intensively as possible in the urban area. He said he may support this.request, but he cannot support it on the basis of current information. He said he is concerned about creating many small lots without a large, usable open space. He said he also thought it would be better to install urban cross-sections on the roads in the subdi- vision. He said it may be more expensive, but the developer will probably pass the cost to the people who buy the lots. He said he thinks the curb and gutters will benefit the homeowners and increase the resale.value of their homes. h0~efore he can support this request, Mr. Lindstrom said, he would like to knowAmuch of the open land can be used for recreational activities. He said he would also like to know more about the two entrances. Mr. Bain asked Mr. Home about the staff's fourth condition, which concerns soil erosion and sedimentation control measures and states "This provision shall be deemed to be satisfied by,separate agreement between the developer and owner of Lake Reynovia". Mr. Bain asked why the County would not participate in the agreement. Mr. Horne said the present owner of Lake Reynovia was concerned that too much runoff might make swimming in Lake unpleasant, so the sedimentation control measures are stricter than they might be otherwise. If some future owner of the lake wants to use the lake for something other than swimming, then the developer of the adjacent property would not have to satisfy such strict sedimentation control measures. Mr. Agnor suggested that the Board defe~action on this item until the staff could gather the information requested iby Mr. Lindstrom. Mr. Bowie said the applicant shows 41 percent of the development would be left in open space. He said he thinks the open space meets the requirements of the Zoning Ordinance. He said he could support this request tonight. Mr. Perkins asked if Mr. Horne could provide some information on the open spaces set aside in other subdivisions and how these spaces are used. Mr. Bain asked Mr. Gilliam what he thought of the rural versus urban roadways. Mr. Gilliam said he thought the rural cross sections benefited both the homeowners and the developer. He said he could present more information on this later if the Board decided to defer action. Mr. Way asked Mr. Daley Craig if he wished to address the Board. Mr. Craig said it was difficult to re-pave roads with curb and gutters. Even- tually, after the road has been re-paved several times, it no longer drains well. If the Board is interested, he said, h~ can present photographs and data on the drainage problem. ' Motion was then offered by Mr. Bain and seconded by Mr. Lindstrom to defer deciding this matter to April 6, 1988. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Agenda Item No. 11. SP-88-3. Harry O. Potchernick. To locate a double-wide mobile home on north side of Route 618, approximately two-tenths of a mile east of the intersection of Route 708 and Route 618. Tax Map 115, Parcel 27E1. Scottsville District. (AdvertiSed in the Daily Progress on March 1 and March 8, 1988.) Mr. Home presented the following staff report: 30 March 16, 1988 (Regular Night Meeting) (Page 30) "Character of the Area: This property has access to State Route 618 by a private easement. While the site is not heavily wooded, sub- stantial screening exists to the north and east. To the south, existing screening is moderate. A clear view of an adjacent home exists to the west. Five (5) mobile homes exist within a one mile radius of this site. The area is typically rural, with limited low density residential development. Staff Comment: It appears that the proposed mobile home site will not be visible from the State Road, while the mobile home will be visible from an existing residence to the east. One letter of opposition has been filed against this petition. The letter raises concerns over devaluation of adjacent properties. The applicant intends to live in the mobile home, rather than rent the dwelling. Should the Planning Commission and Board of Supervisors choose to approve this petition, staff recommends the following conditions: Recommended Conditions: 1. Compliance with Section 5.6.2: a. Albemarle County building official approval; Conformance to all area, bulk and other applicable require- ments for district in which it is located; Skirting around mobile home from ground level to base of the mobile home to be completed within thirty (30) days of the issuance of a certificate of occupancy; de Provision of potable water supply and sewerage facilities to the reasonable satisfaction of the Zoning Administrator and approval by the local office of the Virginia Department of Health, if applicable under current regulations; landscaping and/or Maintenance of existing vegetation, screening to be provided to the reasonablei'satisfaction of the Zoning Administrator. Required screenSng shall be maintained in good condition and replaced if it should die." Mr. Horne said the Planning Commission heard this request at its meeting on March 8, 1988, and unanimously recommended approval wi~h the conditions stated. Mr. Way asked how big the parcel was. Mr Horne said~ll.3 acres. Mr. Way opened the public hearing and asked if the applicant cared to make a statement. Mr. Russel Potchernick said his father, and mother would be living in the mobile home. Since no one else wished to speak on this request, Mr. Way closed the public hearing and placed the matter before the Board. Motion was offered by Mr. Bowie and seconded by Mrs.-Cooke to approve SP-88-3 with the conditions as outlined by the Planning Commission. There was no further discussion. Roll was called and the motion carried by the follow- ing recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstcom, Perkins and Way. NAYS: None. March 16, 1988 (Regular Night Meeting) (Page 31) (Note: Conditions of approval are set out in full below: 1. Compliance with Section 5.6.2: a. Albemarle County building official approval; b. 3.1 Conformance to all area, bulk and other applicable requirements for district in which it is located; Skirting around mobile home from ground level to base of the mobile home to be completed within thirty (30) days of the issuance of a certificate of occupancy; Provision of potable water supply and sewerage facilities to the reasonable satisfaction of the Zoning Administrator and approval by the local office of the Virginia Department of Health, if applicable under current regulations; Maintenance of existing vegetation, landscaping and/or screening to be provided to the reasonable satisfaction of the Zoning Administra- tor. Required screening shall be maintained in good condition and replaced if it should die.) Agenda Item No. 12a. Appointments: Community Services Board. No appointment was made at this time. Agenda Item No. 12b. Appointments: Equalization Board. Motion was offered by Mr. Bowie and seconded by Mr. Bain to reappoint Mr. William L. (Bill) Howard for the calendar year 1988. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Agenda Item No. 12c. Appointments: Social Services Board. No appoint- ment was made at this time. Agenda Item No. 12d. Appointments: Transportation Safety Committee. No appointment was made at this time. Not docketed. Appointment: Albemarle County Service Authority Board of Directors. Motion was offered by Mr. Bowie and seconded by Mr. Bain to reappoint Mr. Samuel D. Craig, III to represent the Rivanna District for a term to expire on April 16, 1992. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, M~ssrs. Lindstrom, Perkins and Way. NAYS: None. Agenda Item No. 13. Approval of Minutes: April 15 (N) and June 17 (A), 1987. January 21, April 15 (A), Mr. Way had read the minutes for January=21, 1987 (Afternoon) and found them in order. Mrs. Cooke had read the minutes for April 15, 1987 (Afternoon) and found them in order. Mr. Bowie had read the minutes for June 17, 1987 (Afternoon) and found them in order. Motion was offered by Mr. Bowie and seconded by Mr. Lindstrom to approve the minutes which had been read. There was n6 further discussion. Roll was called and the motion carried by the following recorded vote. AYES: Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom and Way. NAYS: None. ABSTAINING: Messrs. Bain and Perkins. 32 March 16, 1988 (Regular Night Meeting) (Page 32) Agenda Item No. 14. Other Matters Not Listed on the Agenda from the Board and the Public. Mr. Agnor said he has learned of a computer program used in designing dams, which could cut in half the cost of the Lickinghole Creek project. He said he had tried to learn more about the program in time for the joint meeting with City Council. Now, he said, City Council has decided that it does not want to meet with the County to discuss the project. Mr. Agnor said there was also a new schedule for budget work sessions. The work sessions will begin March 23, 1988, at 2:00 P.M~ He said he would try to have the budget to the Board by Monday, March 21, 1988. Mr. Lindstrom asked when the public hearing will be held. Mr. Agnor said it will be held after the work sessions. Mr. Lindstrom said it concernslhim that Board members may commit themselves to particular projects before getting a clear idea of what the public wants. He said he would rather have the public hearing before the work sessions begin. Mr. Agnor said d public hearing could be held Monday, March 21, 1988. Mr. Bowie said he thought having the public hearing early in the budget process was a good idea, but he thought it should be held sometime in Novem- ber, before the staff has spent so much time on the budget. Mr. Way asked if Board members wished to hold a public meeting on March 21, 1988. Mr. Bowie said he could not attend. Mr. Way pointed out that Mr. Agnor may not have the budget ready by Monday. The Clerk suggested adding the public hearing to the agenda for Wednesday, March 23, 1988. Mr. Bowie asked Mr. Agnor if he and the staff would have the proposed budget ready by this time. Mr. Agnor said "yes", but there would have to be a press release so the public would have something to comment upon. Motion was offered by Mr. Lindstrom and seconded by Mr. Bain to ask for public comments on the 1988-89 County budget at the meeting to be held on March 23, 1988. There was no further discussion. Roll was called and the motion carried by the following recorded vote: ~ AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Agenda Item No. 15. Executive Session: Property Ma~ters. At 11:41 P.M., motion was offered by Mr. Lindstrom aad seconded by Mr. Bowie to adjourn into executive session to discuss proper~y and personnel matters. There was no further discussion. Roll was called and the motion carried by the following recorded vote: '~I AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindst~om, Perkins and Way. NAYS: None. The Board reconvened into open session at 12:05 A.M. Agenda Item No. 15. Adjourn to March 23, 1988, at 2:00, Room #7. With no further business to come before the Board, motion was offered by Mr. Lindstrom and seconded by Mr. Bowie to adjourn this meeting until 2:00 P.M., March 23, 1988. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindst~om, Perkins and Way. NAYS: None.