unfairly treated under what is being proposed.  In the project reviewed last week there has been no effort in 30 years to vest any rights.  As Mr. Kamptner noted under state law it would not qualify for any vesting.  They are trying to address a glaring loophole in the ordinance that goes back to stale zoning that does not exist any more.  Certainly they need to hear about the ones that may feel that they are being challenged by this. 

 

Motion: Mr. Edgerton moved, Mr. Strucko seconded to approve the resolution of intent to amend section 8.5.5.2 of the zoning ordinance.

 

The motion passed by a vote of 7:0. 

 

Mr. Morris said that the Commission looks forward to this item coming back.

 

Public Hearing Items:

 

ZTA-2007-00001 Zero Lot Line Residences in the R-2 to R-15 Zoning District

Amend Sections 3.1 (Definitions), 4.11.3 (Reduction of building separation and side yards), 4.11.3.1 (Untitled), 4.11.3.2 (Untitled), 4.11.3.3 (Untitled), 14.3 (Area and bulk regulations, 15.3 (Area and bulk regulations), 16.3 (Area and bulk regulations), 17.3 (Area and bulk regulations), 18.3 (Area and bulk regulations).  This ordinance would amend section 3.1 by defining "zero lot line" and "zero lot line development); sections 4.11.3, 4.11.3.1, 4.11.3.2 and 4.11.3.3 by revising and adding regulations allowing reducing the minimum building separation and side yards for structures where there is adequate fire flow and for dwelling units in zero lot line developments; and sections 14.3, 15.3, 16.3, 17.3 and 18.3 by revising the respective district yard regulations to allow minimum side yards to be reduced to zero feet on one side in qualifying zero lot line developments.  A copy of the full text of the ordinance is on file in the office of the Clerk of the Board of Supervisors and in the Department of Community Development, County Office Building, 401 McIntire Road, Charlottesville, Virginia. (Elaine Echols)

 

Motion: Mr. Cannon moved, Mr. Strucko seconded to recommend approval of the adoption of the draft ordinance for ZTA-2007-01, Zero Lot Line Residences in the R-2 to R-15 Zoning District as submitted by staff with the following caveats and changes:

 

  1. When the ordinance is presented to the Board of Supervisors the Fire Marshal or other expert official needs to be available to address any concerns with the 10’ separation as raised by Mr. Loach.

 

  1. The staff recommended changes in the language as shown on the screen for sections A and B be included. 

 

  1. Section B2 be removed as unnecessary.

 

  1. Section C be removed since it is inconsistent with the concerns intended to be addressed by the resolution of intent approved earlier in the evening.

 

The motion passed by a vote of 7:0.    

 

Mr. Morris said that ZTA-2007-01 would go to the Board of Supervisors with a recommendation for approval at a date to be determined.

 

The Planning Commission took a break at 7:12 p.m.

 

The meeting reconvened at 7:18 p.m.

 

SP-2007-00054 SOCA-All Weather Synthetic Field-Belvedere (Sign # 16 & 49)

PROPOSED:  Soccer Field and associated parking and spectator seating adjacent to Belvedere and accessory building near soccer fields in the floodplain

ZONING CATEGORY/GENERAL USAGE:  R-4 (4 units/acre)

SECTION:  Section 15.2.2.4 of the Zoning Ordinance which allows athletic facilities for fill in the R4 District

COMPREHENSIVE PLAN LAND USE/DENSITY: Neighborhood Density Residential - residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small-scale non-residential uses in Neighborhood 2

ENTRANCE CORRIDOR:  No

LOCATION:  At the northern end of Belvedere Drive off of East Rio Road

TAX MAP/PARCEL: Portion of 62A3-1 and 62-2A

MAGISTERIAL DISTRICT:  Rivanna

(Elaine Echols, Summer Frederick)

AND

SP-2007-00058 SOCA-Belvedere/Flood Plain Field (Sign # 16 & 49)

PROPOSED:  Floodplain disturbance for 5 soccer fields

ZONING CATEGORY/GENERAL USAGE:  R-4 (4 units/acre) and Neighborhood Model District (residential [3 - 34 units/acre] mixed with commercial, service and industrial uses); FH Flood Hazard Overlay District - agricultural, recreational, and utility location uses which will not pose a danger to life or property in the event of a flood

SECTION:  Section 30.3.5.2.2.3 of the Zoning Ordinance which allows for fill in the floodplain

COMPREHENSIVE PLAN LAND USE/DENSITY: Neighborhood Density Residential - residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small-scale non-residential uses in Neighborhood 2.

ENTRANCE CORRIDOR:  No

LOCATION:  adjacent to south bank of the South Fork Rivanna River at the northern end of Belvedere Drive which is off of East Rio Road

TAX MAP/PARCEL: portions of 62-2C, 62A3-1, and 62-2B

MAGISTERIAL DISTRICT:  Rivanna

(Elaine Echols, Summer Frederick)

 

Motion on SP-2007-054:

 

Motion: Ms. Cannon moved, Mr. Strucko seconded, for approval of SP-2007-00054, SOCA-All Weather Synthetic Field-Belvedere with the following amendments to the staff recommended conditions:

 

  1. The location of the synthetic field shall be in general accord with the conceptual plan entitled, “Belvedere – SOCA Special Use Permit:  All Weather Synthetic Turf Field”, and dated March 28, 2008.

 

  1. Public streets which provide access to the synthetic field and to the parking area shall be constructed prior to public  use of the field.

 

  1. Public streets which provide on-street parking to accommodate parking requirements for the synthetic field shall be a minimum of 32’ in width or other width as may be required by the County Engineer and approved as a variation by the Director of Planning.

 

  1. Pedestrian access shall be provided from the end of Belvedere Boulevard. to the synthetic field in accordance with the Albemarle County Design Manual standards for permanent paths.

 

  1. In conjunction with its review and approval of a site plan or subdivision plat that pertains to or includes TMP 062A30-00-00-00100, the County may require that Belvedere Boulevard be extended to provide public street access to TMP 06200-00-00-002A0.

 

And the following to be covered by additional conditions (language to be finalized before the Board of Supervisors’ meeting):

 

  1. The applicant shall demonstrate as a condition of final site plan approval that the on-site parking provided for the use, including on-site on-street parking, is adequate for the proposed use.

 

  1. The hours of use for organized activities and events are limited to the time between 8:00 a.m. and 9:30 p.m.  (The language to be worked out prior to Board of Supervisors meeting.)

 

  1. A pro-rata contribution to the traffic signal at Belvedere Boulevard and Rio Road, the primary access to Belvedere, to be worked out before the presentation to the Board of Supervisors.

 

  1. The proposed route of Meadow Creek Parkway (Northern Free State Road) to be designated on the site plan consistent with the alignment that is shown in the documents.

 

  1. If the use or structure is not commenced by May 14, 2013, this special use permit shall be deemed abandoned and the authority granted by this permit shall terminated. 

 

Mr. Strucko asked for one clarification on the hours of operation for SOCA sponsored soccer events.  He asked if other type events are being planned for this facility other than SOCA for the synthetic field.  He suggested that the condition be amended to say SOCA sponsored events or broader kinds of events.

 

Mr. Kamptner noted that SOCA might not be here forever.  He suggested that they use language like organized activities and events or something like that.  He would like to work with the zoning administrator to come up with language so that it is not organization specific.

 

Mr. Cannon accepted the amendment to the motion, which was seconded by Mr. Strucko.

 

The motion passed by a vote of 7:0. 

 

Motion on Critical Slopes Waiver:

 

Ms. Joseph noted that the critical slope was a very small intrusion in this area.

 

Motion: Ms. Joseph moved, Mr. Cannon seconded, for approval of critical slope waiver for SP-2007-00054, SOCA-All Weather Synthetic Field-Belvedere.

 

The motion passed by a vote of 7:0. 

 

Mr. Morris stated that the critical slope waiver was approved.  SP-2007-00054, SOCA-All Weather Synthetic Field- Belvedere will go before the Board of Supervisors on May 14 with a recommendation for approval.

 

Return to exec summary

 

Motion on SP-2007-058:

 

Motion: Ms. Porterfield moved, Mr. Strucko seconded, for approval of SP-2007-00058, SOCA-Belvedere/Flood Plain Field with the conditions as recommended by staff.

 

1.       The fill in the floodplain shall be as shown generally on the plan entitled, “Belvedere SOCA Special Use Permit:  Flood Plain Fields” prepared by McKee Carson and last dated March 25, 2008.

2.       If required by the Federal Emergency Management Agency (FEMA), the applicant shall obtain a map revision, letter of revision, or letter of amendment.   The County Engineer shall be copied on all correspondence related to changes to the floodplain.

3.       Army Corp of Engineers, Virginia Department of Environmental Quality, and other necessary state and federal agency approvals must be obtained prior to issuance of grading permits.

4.       Natural Resources Manager approval of a stream buffer mitigation plan prior to the issuance of a grading permit prior to placement of any fill in the floodplain, and County approval an erosion and sediment control plan prior to the issuance of a grading permit for placement of any fill in the floodplain.

5.       The 700’-long section of dry-stone wall bounding the inner edge of the floodplain west and northwest of the proposed flood plain fields as identified in the Phase I Archaeological Survey and Geoarchaeological Investigation in Two Portions of the Belvedere Development Property, Albemarle County, Virginia dated February 6, 2008, shall be retained and preserved. The wall shall be clearly identified and labeled on the plan of development. The 50’ at the northern end of the wall may be disturbed for the proposed road construction as currently illustrated on the plan. The stone that is disturbed by the road construction shall be used to repair remaining portions of the wall or to extend the wall at its south end. A plan detailing the proposed re-use of the stone shall be submitted for review and is subject to the approval of the Director of Planning prior to the commencement of road construction. Methods for protecting the remaining wall during construction and for preserving the remaining wall following construction shall be submitted for review and are subject to the approval of the Director of Planning prior to the commencement of road construction.

6.       Additional archaeological testing, as recommended in the Phase I Archaeological Survey and Geoarchaeological Investigation in Two Portions of the Belvedere Development Property, Albemarle County, Virginia dated February 6, 2008, shall be conducted to more fully assess the extent of cultural resources in Area B of the Belvedere project area. Based on the findings of this additional testing, additional archaeological studies and/or treatments may be required. The additional testing shall be conducted by a qualified archaeologist who meets the qualifications set forth in the Secretary of the Interior’s Professional Qualification Standards. Additional studies required as a result of the findings of the testing shall be completed prior to disturbance of the site. Treatments required as a result of the findings of the testing shall be outlined in a treatment plan that is subject to approval of the Director of Planning.

 

The motion passed by a vote of 7:0.

 

Mr. Morris stated that SP-2007-00058, SOCA-Belvedere/Flood Plain Field will go before the Board of Supervisors on May 14 with a recommendation for approval.

 

Return to exec summary

 

Mr. Strucko left the meeting at 8:58 p.m.

 

The Planning Commission took a break at 8:58 p.m.

 

The meeting reconvened at 9:11 p.m.

 

                  Regular Items:

 

SUB-2008-00022 Bellair #5-  Preliminary

Request for preliminary plat approval to create 2 lots on 2.066 acres. The property is zoned R-1 Residential. The property, described as Tax Map 76C-02 Parcel 5 is located in the Samuel Miller Magisterial District on Deer Path Road [Route 809] at the intersection with Old Farm Road [Route 846].  The Comprehensive Plan designates this property as Neighborhood Density in Urban Area 6. (Megan Yaniglos)

 

Mr. Edgerton said that he heard staff say loud and clear that all easements have to be shown. If that needs to be part of this plat, then it needs to be shown with something more than a magic marker.  He would like some assurance that it really has been looked at a little bit more than the critical slopes if there are other issues. With that in mind he was going to recommend denial. Mr. McDaniel has given us an interpretation how it is against the regulations to have a septic site any closer than 5’ to the property line.  It is hard to determine that from the free hand drawing that shows the potential septic site.  He asked that the Commission be provided with some clear engineering on that.  He would very much like to have both Mr. Crauns here to explain exactly what sort of engineering they have done on this.

 

Motion: Mr. Edgerton moved, Ms. Joseph seconded, for denial of SUB-2008-00022, Bellair #5 Preliminary as the plat does not comply with the ordinance.  It needs to show all of the easements and clear engineering needs to be provided for the potential septic site.