Albemarle County Planning Commission

March 27, 2007

 

The Albemarle County Planning Commission held a meeting and public hearing on Tuesday, March 27, 2007, at 6:00 p.m., at the County Office Building, Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were Duane Zobrist, Eric Strucko; Bill Edgerton; Pete Craddock, Jon Cannon, Calvin Morris, Vice-Chairman and Marcia Joseph, Chairman. Julia Monteith, Senior Land Use Planner for the University of Virginia was present. 

 

Other officials present were Wayne Cilimberg, Planning Director; Steve Allshouse, Fiscal Impact Planner, Claudette Grant, Senior Planner; Ron White, Director of Housing; Pat Mulaney, Director of Parks and Recreation; Dan Mahon, Trails & Greenways Planner; Juan Wade, Transportation Planner; Mark Graham, Director of Community Development and Greg Kamptner, Deputy County Attorney. 

 

Call to Order and Establish Quorum:

 

Ms. Joseph called the regular meeting to order at 6:00 p.m. and established a quorum.

 

Other Matters Not Listed on the Agenda from the Public:

 

Ms. Joseph invited comment from the public on other matters not listed on the agenda.  There being none, the meeting moved on to the next item.

 

Public Hearing:

 

ZMA 2005-00017, Biscuit Run (Signs #52, 56, 63)

PROPOSAL:  Rezone approximately 828 acres from R-1 Residential (1 unit/acre), and R-2 Residential (2 units/acre) to NMD Neighborhood Model District - residential (3 - 34 units/acre) mixed with commercial, service and industrial uses. Maximum number proposed residential units: 3,100. Commercial uses proposed also.

PROFFERS:  Yes

EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY:  Neighborhood Density Residential in Neighborhoods 4 & 5-residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small-scale non-residential uses.

ENTRANCE CORRIDOR: Yes

LOCATION: Between the east side of Old Lynchburg Road and the west side of Route 20; adjacent and to the south of the Mill Creek South subdivision, adjacent and to the west of the intersection of Avon Street, Extended and Route 20 and includes 981 Old Lynchburg Road, Charlottesville VA 22903.

TAX MAP/PARCEL: 90/5, 90/6D (portion), 90/17D, 90A/3, 90A1/1, 90A1/1E, 90A/1A, and 90A/1B.

MAGISTERIAL DISTRICT: Scottsville

STAFF: Claudette Grant

 

When the applicant was asked by the Commission at the conclusion of the Staff Report and Public Comment period whether he would consider a deferral to allow for the resolution of the multitude of "unresolved" issues Mr. Blaine indicated that he would consider a deferral if the Commission would clearly identify the issues that need resolution.

 

Staff and the Commission, with input of the applicant, spent the remainder of the meeting identifying the issues that needed resolution.  At the conclusion of this exercise, Mr. Blaine declined to ask for the deferral that he had initially said he would consider.

 

Based on this, the Commission decided that a recommendation for denial was the appropriate recommendation to make to the Board of Supervisors.

 

Motion on Rezoning Request:

 

Motion:  Mr. Strucko moved, Mr. Edgerton seconded, to recommend denial of ZMA-2005-00017, Biscuit Run.

 

Ms. Joseph asked what the motion was based on.

 

Mr. Edgerton said that it was based on unresolved issues as stated in the staff report.

 

Mr. Cannon suggested including outstanding issues on transportation proffers of major proportions.

 

Amended Motion:

 

Motion:  Mr. Strucko moved, Mr. Edgerton seconded, to recommend denial of ZMA-2005-00017, Biscuit Run, based on unresolved issues as stated in the staff report, including outstanding issues on transportation proffers of major proportions.

 

1.      As described by Attachments E & J the lack of details on the plan and code of development makes staff analysis difficult.

2.      The current proffers are not consistent with the application plan and code of development dated December 12, 2006.

3.      Substantive and technical issues still remain with the proffers.

4.      Issues described in Attachments E, J & L are still outstanding.

5.      A revised plan, code of development and/or proffers needs to be submitted.  The revised information should be submitted to the Planning Commission for its review and recommendation to the Board of Supervisors. 

6.      It should be made clear that the list reiterated by Mr. Cilimberg, although it was a blueprint for further work, did not resolve major substantive issues that are still outstanding, including among other things the cash amounts in the proffers. 

7.      The following summary addresses the points discussed by the Commission as reiterated by Mr. Cilimberg:

 

§         The Commission is generally satisfied with the Application Plan, but wants the plan to specifically reflect preservation areas not to be disturbed, and conservation areas and the conditions of their disturbance and restoration.  The Commission also asked that the plan show the connection to Mill Creek South in a location that would provide acceptable vehicular connection in the future.  The applicant indicated agreement to do these things.

§         The Commission requests a plan to phase or sequence the development so as to understand the order of development and its relationship to the provision of infrastructure as well as enable the best management of grading and storm water management by the County.  The applicant indicated agreement to build the through road from Route 20 to Route 631 (inclusive of the Southwood Connector) and to provide pedestrian and bicycle connection from Mill Creek South to the District Park as part of the initial development of the project.  The applicant did not indicate a willingness to provide a sequencing plan for the full development.

§         The Commission requests a full Phase I Archeological Study be completed prior to grading/disturbance of the site and necessary measures to avoid resources be employed based on the findings of the study.  The applicant indicated agreement to conduct such a study for potential “hot spot” areas identified in the Phase I reconnaissance survey and those areas necessary to meet other Federal permitting requirements as they may be applicable.

§         The Commission requests that the necessary additional monies to build the green way connection northward from the northern property boundary be provided. The applicant indicated agreement to do this. 

§         The Commission has mixed feelings as to expectations for affordable housing.  The majority of the Commission agrees that at least 10 percent affordable housing be provided in Biscuit Run and that credit for off-site housing in Southwood’s redevelopment could be accomplished through either actual down payment assistance funding and/or funding of their development plans. If Southwood does not end up developing, the Commission wants the money to be provided for a similar project to Southwood or the full 15 percent affordable housing be provided in Biscuit Run.  The applicant indicated agreement to do this. 

§         The Commission wants 12 usable acres to be provided for the Learning Center.  The applicant indicated agreement to do this.

§         After some discussion and varying opinions, the Commissioners agree that they do not request additional funding to offset the Biscuit Run impact on middle and high schools.  The Commission agrees that this is the kind of thing that the Board really needs to pay attention to in developing a proffer policy (as well as parks).

§         The Commission agrees with the applicant’s commitment to donate 92 acres of land plus right-of-way and utilities for a District Park and $200,000 to fund the master plan for the park’s development.  The Commission does not feel that additional funds for park improvements are necessary.

§         The Commission wants, as a minimum, the North Pointe proffer regarding grading to be committed for Biscuit Run. The applicant indicated agreement with this.

§         In addressing transportation impacts, the Commission agrees with the physical improvements the applicant has proposed in the proffers.

§         Regarding cash proffers to address transportation impacts,  the Commission suggested that the issue be revisited with the idea of the applicant proffering more cash to address impacts and that cash be collected in a single fund to better allow the Biscuit Run related transportation impacts to be addressed as needed (rather than be collected in multiple funds where Biscuit Run’s proportionate share of the improvements to be constructed will sit until government funding for the remainder is available to undertake the particular project).  The applicant indicated agreement to consider changes in their commitment, but not likely at the levels noted by VDOT in their latest comments.

§         The Commission wants the applicant to make a greater commitment to transit. The applicant indicated agreement to consider changes in their commitment.

§         The Commission wants to see agreements reached for the connector road through Southwood.  The applicant and the Southwood owner indicated this will be accomplished very soon.

§         The Commission agrees that, at a minimum, the master sewer phasing plan should be covered by agreements between the applicant and ACSA and RWSA.  ACSA representatives anticipate these agreements.

§         The Commission agrees with the proffer regarding phasing the retail portion of the development and does not see the need for the applicant to provide leased space for a library, but it does want a cash commitment towards library development in the southern urban area.  The applicant indicated a willingness to do this. 

§         The Commission agrees with the applicant’s commitment to apply for critical slope waivers for roads in the project.

 

8.      One Commissioner felt that a proffer should be made for fire/rescue because 7,000 additional residents would necessitate an ambulance and an additional engine.

 

9.      Some Commissioners thought the actual proffer values may be lower than the applicant said they are committed to provide and the difference may allow the applicant to commit more to transportation. 

 

10.  Regarding transportation, the Commission feels a full commitment to the City of Charlottesville’s request should be provided, inclusive of $1.5 million to fund Old Lynchburg Road improvements as well as $250,000 for ITS and funding towards the Sunset/Fontaine Connector.

 

The motion for denial of the request was approved by a vote of 7:0.  

 

(Note:  Mr. Zobrist voted aye only because of the transportation commitments.  He felt that all other issues were adequately resolved and could be worked out by staff.) 

 

Motion on the Waivers:

 

Motion:  Mr. Edgerton moved, Mr. Strucko seconded, to recommend denial of both waivers and modifications requested for ZMA-2005-00017, Biscuit Run.

 

The motion was approved by a vote of 7:0.   (Note:  Mr. Zobrist voted aye on the basis that they are moot as a result of their previous denial of the rezoning application. Mr. Strucko voted aye for the same reasons.)

 

Ms. Joseph stated that ZMA-2005-00017, Biscuit Run will go to the Board of Supervisors for a work session on April 11 with a recommendation for denial.  The public hearing will be held on May 9.

 

Old Business:

 

Ms. Joseph asked if there was any old business.  

 

 

There being no further old business, the meeting moved on to the next item.

 

            New Business:

           

Ms. Joseph asked if there was any new business. There being none, the meeting proceeded.

 

Adjournment:

 

With no further items, the meeting adjourned at 11:57 p.m. to the Tuesday, April 3, 2007 meeting at 6:00 p.m. at the County Office Building, Second Floor, Auditorium, 401 McIntire Road, Charlottesville, Virginia.

 

 

    

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