Charlottesville Tomorrow Blog

Commission denies critical slope waiver for wireless tower

The Albemarle County Planning Commission has denied a critical slope waiver that would allow Verizon Wireless to construct a 73 foot tall tower along Interstate 64, even though it narrowly approved a special use permit for same structure. The denial came despite claims by attorney Stephen Blaine that his client was being held to a higher standard than other wireless providers in the area. 

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Because four existing towers are near the same site, Verizon Wireless needed to apply for a special use permit.  The site is visible from VDOT’s memorial overlook on I-64.

Staff recommended approval of the tower, but recommended denial of the critical slopes waiver. County Planner Megan Yaniglos told the Commission that three of the four towers in the same location also disturbed critical slopes, but a waiver was not required when they were approved in 2000. Since then, the ordinance has changed to require more review.

Blaine said the tower is necessary to help Verizon Wireless provide service to its customers as they drive along the Interstate, and also to provide service to residents in that section of the County.  Blaine said the application addresses the impacts of the disturbances with a sediment control  plan.

“We want to uphold the integrity of the critical slope ordinance,” Blaine said. “The way to uphold it and respect it is to consistently apply it using the criteria your engineering department set forth.”

Deputy County Attorney Greg Kamptner said he was not sure why the prior applications were approved without a waiver, but that the County is obligated to apply ordinances that are on the books.  He said he did not think that Verizon was being discriminated against, and that something must have been overlooked in the past.

During the public hearing, several members of the Greenwood neighborhood in Albemarle County pleaded with the Commission to deny the application, in part because they want Verizon to introduce landline high-speed access to their community. Tim Scruby of Dick Woods Lane said the construction of the tower would discourage Verizon from investing in such services.

Blaine said that Verizon Wireless is a separate company from Verizon, the phone company that is being asked by residents to provide DSL service. “If there’s a business reason for the landline company to extend DSL then they will,” he said, but added that wireless Internet might be a possibility in the future.

Commissioner Marcia Joseph (At-Large) said she lives in an area that is not served by wired broadband, but that she made a choice to invest in a large satellite dish so she could run her business from home. “It’s hard for me to support additional, more urban, services in the rural areas,” she said.

After an hour and a half of discussion, the Commission voted 4-3 to approve the special use permit. Scottsville Linda Porterfield (Scottsville) said she could not support a fifth tower in the location, and Commissioners Cannon and Strucko sided with her.  Strucko then made a motion to deny the critical slopes waiver, which was approved 4-3.

The item will go to the Board of Supervisors on May 7, 2008.  If the Board agrees with the Commission, the application will be denied. The Albemarle County Planning Commission is expected to have a work session related to the process for reviewing wireless tower facilities at their meeting on April 22, 2008.

TIMELINE FOR PODCAST

• 1:20 - Staff report from County Planner Megan Yaniglos and Commissioner ask questions about the application
• 20:10 - Attorney Stephen Blaine makes the case for the special use permit and the critical slope waiver
• 30:46 - Commissioners ask Blaine questions about the application
• 35:12 - Public hearing begins with comment from Albemarle County resident Tim Scruby
• 38:54 - Comment from Albemarle County resident Paul Cantrell
• 43:01 - Comment from nearby landowner Mary Buford Hitz
• 44:18 - Comment from property landowner James Herring
• 47:25 - Comment from Albemarle County resident David Booth
• 51:11 - Comment from Realtor who says she can't sell property in the area because there is no broadband service
• 53:08 - Commissioner Strucko asks for information about the previous critical slope waivers and asks Deputy County Attorney Greg Kamptner if Verizon Wireless is being held to a higher standard
• 57:11 - Stephen Blaine is asked a question about the relationship of Verizon Wireless to Verizon
• 1:03:15 - Edgerton asks Blaine if he would delay consideration until after an upcoming Planning Commission work session on procedures to approve towers
• 1:05:00 - Discussion returns to critical slope waiver, with comments from county staff
• 1:29:35 - Kamptner explains under what basis the Commission can act to deny
• 1:32:51 - Commissioner Porterfield moves motion to deny special use permit. Vote is 3-4 and motion does not carry
• 1:34:46 - Commissioner Loach moves motion to approve special use permit. Vote is 4-3
• 1:36:13 - Commissioner Strucko moves motion to deny critical slope waiver. Vote is 4-3

Sean Tubbs

County Planning Commission Report – April 1, 2008

 
Commission approves downzoning for Wavertree Hill Farm

The Commission voted to recommend to the Board of Supervisors the rezoning of 145 acres off of Plank Road from Planned Residential Development to Rural Areas so that the landowner can qualify for land use taxation. The property now owned by Wavertree Hall LLC was once the site of a planned religious community which never fully developed.

The land cannot be developed under the existing zoning because the property is under a conservation easement from the Virginia Outdoors Foundation.

“We are here to try to get the taxation that this farm is entitled to under the code,” said Richard Carter, attorney for the property owner. Carter said the owner’s intent is to do what he can to preserve the historic home that is on-site and to continue operating it as a farm. 
The item has not yet been scheduled for the Board of Supervisors.

Commission approves special use permit for non-conforming camp

Camp Watermarks is a four-year old camp on the James River near Scottsville that got a special use permit last year to build a 20’ by 40’ multi-purpose building. One of the conditions for approval was that the structure could be no larger than 800 square feet.  However, shortly before construction was to begin the camp’s owners decided that was not big enough for their needs, and so they applied for a special use permit to increase the size to 2160 square feet.  According to County Planner Joan McDowell, the building’s construction is almost complete.

The applicant requested a special use permit to allow this building to be larger than originally planned

Staff found no objections with the proposal and recommended approval.  Commissioner Edgerton said he was troubled that the applicant began work on the structure before all of the approvals were granted.

“It seems this particular applicant seems to have problems with doing things in the proper order, and I take offense at that,” Edgerton said.

The owner of the camp, Travis Critzer, said he had been granted a building permit for the larger structure, with the understanding that it could only be used for agricultural storage if the Commission did not grant the special use permit. He insisted he went through the appropriate channels.

The Commission voted 7-0 to approve the special use permit, with Edgerton voting for it despite his objection. The item will now go to the Board of Supervisors on May 7, 2008.

Strucko reports on Fiscal Impact Advisory Committee

Commissioner Eric Strucko (Samuel Miller) told his colleagues that the County’s Fiscal Impact Advisory Committee has reconvened, and has begun an examination of SB768. That’s the bill to replace the existing cash proffer system in favor of a system of impact fees that developers would pay for each housing unit. The bill stalled after passing the state Senate, but will be back in some form during next year’s General Assembly session.

“The Fiscal Impact Advisory Committee put forth a pretty lengthy effort last year to come up with some of the parameters that eventually worked into our proffer policy,” Strucko said. “This bill would put caps on what localities could get as well as put localities through a series of complex calculations that determine exactly what the impact of new development would be.”

The Committee will continue watching developments with the bill in order to find out what the impact of legislation might be to the County. Wayne Cilimberg, Albemarle’s Chief Planner, said the Committee will research how impact fees are used in other states. 

Committee recommends seven properties  for ACE program

Commissioner Bill Edgerton (Jack Jouett) says the Acquisition of Conservation Easements Committee is considering seven potential properties for inclusion in the County program, which purchases development rights from willing property owners in the rural area. Edgerton said these properties came from a pool of 15 applicants, and will be appraised.
“Unfortunately depending on how these prices come in, we probably won’t be able to work with all seven properties,” Edgerton said.

Sean Tubbs

County Planning Commission recommends denial of new Crozet subdivision

For the second time in three months, the Albemarle County Planning Commission has recommended denial of a rezoning to build a new single family subdivision near Crozet. Newly appointed Commissioner Tom Loach (White Hall) was the leading critic of the application.

Emile Bethanne and J. Daniel Patterson are seeking the rezoning of 3.5 acres so they can build a 12 home subdivision in the Crozet growth area.  In the Crozet Master Plan, the majority of the property is designated as “CT3 Urban Edge in a Hamlet.”This allows for a density between 3.5 and 6.5 housing units per acre. The subdivision is being proposed to be built between Lanetown Road and Lanetown Way. Access to the new units would be via Lanetown Way. Developer Clifford Fox is the applicant on behalf of the Pattersons.

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The Commission first recommended denial of the rezoning at a meeting in October 2007. First, the Commission had heard complaints from the Grayrock North subdivision that the project would not fit well with their neighborhood. Second, the Commission felt that the project was too dense for the area. Third, many Commissioners felt the project did not address impacts on the infrastructure.

The Patterson property is marked in red

The item was supposed to go to the Board of Supervisors in December, but the applicant requested deferral back to the Planning Commission. Since then, Fox has reduced the number of units, proffered cash contributions, and has agreed to build sidewalks on both sides of the street to meet “urban street” standards. In addition, Fox had offered to give land to the County for a park, but the land was not designated for that usage so the offer was withdrawn. On affordable housing, Fox is proffering the County-standard 15 percent of units, but it is unclear if we will build 2 affordable units, or contribute a cash proffer instead. Staff recommended approval of the revised plan as consistent with the Crozet Master Plan.

“To summarize, the rezoning is now consistent with the guidelines for density in the Crozet Master Plan which is that it not exceed a net density for this property of 4.5 dwelling units per acre,” said County Planner Rebecca Ragsdale while introducing the item during the January 23 public hearing.

After her report, Tom Loach was the first to pose a question to Ragsdale. Before being appointed to the White Hall seat on the Commission by newly-elected Supervisor Ann Mallek, Loach was an outspoken critic of the implementation of the Crozet Master Plan.

Loach said he could not support the rezoning because in his view it is not consistent with the Crozet Master Plan.

“I look at the Master Plan, I was part of the [committee] that wrote this, I know what the intent of the Master Plan was, and I don't think this meets the Master Plan as I know it,” Loach said.

Source: Crozet Master Plan, Albemarle County

Loach said because part of the Patterson property is located on the boundary of the Crozet Master Plan, it should instead be classified as either CT-1 or CT-2, which restricts growth. The summary for those place types reads: “Very Restricted. Development area open space preserve or reserve with very low residential density.”

Ragsdale said only a sliver of the property is marked CT1, prompting Loach to quote from the Crozet Master Plan: “Most of the periphery of the Crozet development area is recommended for the lowest density of development, consistent with the rural area designation in the comprehensive plan.”

Commissioner Jon Cannon (Rio) asked if the proposal was to build on the sliver of land marked as CT-2. Ragsdale said the applicant has depicted having a bio-filter on that section of property. Wayne Cilimberg, the County's Director of Planning, said that other recent re-zonings in Crozet have also met this issue, and they have dealt with it by focusing all of the development in the areas marked CT-3.

Commissioner Marcia Joseph (At-Large) said it was hard to ignore that the property does contain areas marked CT-3, allowing for greater density. Loach said that the colors did not necessarily reflect the reality of what could be built in all areas.

Cannon asked Loach if anything could be developed on the property, and Loach responded that he thought only a by-right development would be appropriate. That would allow about five units. He also said he would prefer to see Lanetown Way stay rural in character.

Fox said he was clear about the interpretation of the property type on the Master Plan.

“This is the second meeting where there's been confusion about it [from the Planning Commission]. From everything I can see, it's CT-3 in a hamlet, as the staff has currently interpreted it.” Fox said he has worked on other re-zonings in the Crozet area that were colored similarly with no trouble from the board.

Commissioners had other concerns as well. Joseph asked Fox why he was not proffering the detailed information in a site plan. Fox said he did not want to be strictly held to a plan at this time. Linda Porterfield raised the issue of how Fox was going to handle parking, and Fox said he assumed it would be done the same way as it is done in Grayrock North, with a mixture of drive-ways, on-street parking and garages.

During the public hearing, Grayrock North resident Mike Beno said his homeowner's association remains skeptical about the size of the development, and added that on-street parking is not allowed in his neighborhood. He said his neighbors were also concerned that the Patterson development would create too much traffic on Lanetown Way.

“In short we think R-6 is still too dense, and doesn't comply with the Crozet Master Plan in this transitional area, transitioning from what may not be technically called an edge, but obviously when you look at the overall picture, it is on the edge of Crozet.”  He said he could support the project if the applicant reduced the size and found a second way for vehicles to get in and out.

Fox said there was little he could do to address the request by the Grayrock North HOA to access Lanetown Road, because VDOT had indicated that would not be allowed.

Commissioner Joseph said she felt the applicant had undersized the lots, and that the bio-filter could be expanded to add more green space.

Fox said he would reduce the density to meet the lot size requirement, likely meaning the reduction of one or two lots. He also would try to position his site plan to not build in an area that's green.

At the conclusion of the hearing, some members of the Commission suggested that the applicant be given a deferral, but Loach indicated that he wanted to recommend denial. The motion got a second, and the vote was 4 to 2 to recommend denial to the Board of Supervisors. Commissioners Porterfield and Joseph voted against the recommendation.

Chairman Cal Morris said he was bothered that staff and Commissioner Loach had two starkly different interpretations of the Crozet Master Plan.

“What I read from the Master Plan is what should be done,” Loach said. “It's that simple. If you don't want to have Master Plans that spell out what you should do, you should just throw it away.”

The project will now go to the Board of Supervisors on March 19, 2008.

Sean Tubbs

New faces and new leadership for County Planning Commission

Commissioners Linda Porterfield and Tom Loach

In their first meeting of 2008, the Albemarle County Planning Commission welcomed two new members and appointed its leadership for 2008. The two new members of the Commission are Linda Porterfield (Scottsville) and Tom Loach (White Hall) [photos above].

Cal Morris (Rivanna) has been selected as the Chairman and Jon Cannon (Rio) has been selected as the Vice Chairman.

Morris thanked the former chair, Marcia Joseph (At-Large) for her service during two years as chair. His recognition was greeted by applause by the audience in Lane Auditorium. Joseph was recently re-appointed to serve another term at last week's Board of Supervisors meeting.

Brian Wheeler & Sean Tubbs

Two newcomers to join Planning Commission

The Albemarle County Board of Supervisors has appointed Keswick resident Linda Porterfield to the Scottsville District seat that had been held by William “Pete” Craddock. Crozet resident Tom Loach was appointed to represent the White Hall District filling the vacancy left by Duane Zobrist (White Hall).  Both Cal Morris (Rivanna) and Marcia Joseph (At-Large) were reappointed to the Commission..

Each Supervisor nominates someone to represent his or her district on the Commission. Porterfield’s nomination came as somewhat of a surprise. In an interview with the Daily Progress, Supervisor Lindsay Dorrier (Scottsville) said he listened to constituents in the development area who wanted more representation on the Commission, which advises the Board of Supervisors on matters related to the Comprehensive Plan and the county’s zoning ordinances. Craddock lives in the rural area.

“Input from Growth Area residents has been limited and too late in the decision-making process thus far,” wrote Ivy resident Lynda Harrill in an e-mail to Dorrier shortly after the election. “Growth Area residents need and deserve a voice in the process.” Harrill has previously lived in the Village of Rivanna’s Glenmore Neighborhood, one of Albemarle’s growth areas in the Scottsville District.

Supervisor Ann Mallek (White Hall) publicly announced in December that she would nominate Loach, who has been a critic of the implementation of the Crozet Master Plan, is concerned that County staff view the plan as calling for a potential ultimate population build-out of 24,000 people. Loach was at one point an independent candidate for the White Hall seat that Mallek won in November. As a Planning Commissioner, Loach will now be part of the body that will review the Crozet Master Plan when it comes up for a renewal in 2009.

Joseph was reappointed on a 5-1 vote, with Supervisor Ken Boyd (Rivanna) voting against. Boyd defeated Joseph in November by only 146 votes, and re-nominated Morris.

Porterfield and her husband retired to Keswick in 2002. She served eight years on the Zoning and Planning Board for the City of Upper Arlington, Ohio, a suburb of Columbus. In her application to join the Commission, Porterfield said the experience prepared her to take on the many planning challenges in Albemarle.

“Issues facing the Zoning and Planning Board often were complex and required much thought and often ingenuity,” she wrote. Porterfield’s other relevant experience includes a stint on the board of directors of a homeowners’ association in Scottsdale, Arizona. In addition to her time as a teacher, she has also worked as an editor of medical publications and in a variety of fund-raising positions in Ohio and Arizona. She is currently the editor of the newsletter of the Newcomers Club of Greater Charlottesville and a docent for the Virginia Art Museum.

“The biggest challenge right now for me is to get up to speed and to find out what the big issues are, and I’m sure that will be presented to me at the first meeting,” she said in an interview with Charlottesville Tomorrow.

The first meeting of the Commission will be on Tuesday, January 15 in Lane Auditorium in the County Office Building. The first item on the agenda is to select a new Chair and Vice Chair.  Among the items on the agenda is a work session on a proposal from Oxford Properties to build a new apartment complex off of Old Lynchburg Road across the street from Azalea Park.

Sean Tubbs

Planning Commission summary for December 11, 2007

SPCA to get fences for walking trails

SPCA Executive Director Susanne Kogut

The Albemarle County Planning Commission Commission has approved two waiver requests from the Charlottesville Albemarle SPCA that will allow the organization to build a fenced-in exercise area for dogs held at the facility. The County usually requires structures that hold animals to have solid fencing, as well as a 500-foot setback from the property line. Additionally, the County requires structures built along land zoned residential to be built at least 20 feet away from the property line.

SPCA Executive Director Susanne Kogut said the fenced areas would allow would-be adopters to visit with dogs before deciding to go ahead with the adoption. She said using solid-fencing would be prohibitively expensive, and would not allow volunteers to monitor the initial interactions. The SPCA has occupied the facility since 2005, but a donor came forward with the funding to make the improvements. The SPCA’s previous property was taken by the Virginia Department of Transportation as part of the right of way purchase for the proposed Western Bypass.

Staff found no factors against approval and set several conditions for granting the permit, including times when the new exercise areas could be used. 

“The proposed exercise areas will provide a safer and more comfortable environment for staff, volunteers and potential adopters to take care of and interact with the dogs,” said Senior Planner Judy Weigand.

Kogut said she felt the additional facilities would improve the overall noise situation at the SPCA because dogs that get the chance to exercise are less likely to bark for human attention.

Commissioner Eric Strucko (Samuel Miller) said he was concerned about the possibility of extra noise at the location, especially if surrounding properties are eventually developed as residential properties. Wiegand said she felt that commercial uses were more likely as the area develops and redevelops. Deputy County Attorney Greg Kamptner said that barking dogs are exempt from the County’s noise ordinance.

But Commissioner Jon Cannon (Rio) called the SPCA facility “a fact” and that anyone who chooses to develop surrounding lots would have to factor in its existence as they make their plans. With that, the Commission voted unanimously to grant the waivers. Chairman Marcia Joseph (At-Large) told Wiegand to make sure she can show examples of what fencing material will be used when the SPCA’s request goes before the Board of Supervisors on January 9, 2008.

Crozet Gateway Center plan denied

The location of the proposed Crozet Gateway Center is marked in red

The owner of the proposed Crozet Gateway Center has been told by the Planning Commission that when he builds a combination retail-office facility on his property, he'll have to build all of the parking spaces required by County ordinances.

Adnan Yousef plans to build two buildings in the northeast corner of the intersection of Route 240 and U.S. Route 250 (Brownsville Road and Rockfish Gap Turnpike), on two acres property zoned Highway Commercial and Entrance Corridor. The buildings will house a mixture of office and retail space at just under 30,000 square feet. An existing gas station will be torn down to make room.

In his site plan, Yousef had asked for a waiver to allow him to create fewer parking spaces than required by the County’s zoning ordinance, claiming that the combination of two uses would allow for shared parking. Staff had recommended denial of the waiver out of a concern that if the available spaces fill up, shoppers or office workers would “get creative” with parking, causing potential safety hazards.

During the Commission’s discussion, Chairman Marcia Joseph (At-Large) said she thought the idea of having few parking spaces would help promote a walkable Crozet. But staff pointed out that there are few other developments within walking distance of the proposed Center.

The Commission voted 5-2 to recommend denial of the site plan application. Yousef now has until December 21 to decide whether he will appeal the Commission’s decision to the Board of Supervisors.

Violin crafter gets tentative approval to use home to make instruments

The Albemarle County Planning Commission has recommended approval of a special use permit for a violin maker to craft the instruments at his home in rural Albemarle County near Covesville.  Colin Gallahue says he'll make about six instruments a year, and that sales will primarily be via mail order.

Violin maker Colin Gallahue

Gallahue requested a special use permit to allow him to make violins, as well as to sell the instruments on-site. Staff recommended approval because the building in which the violins will be made is already standing, and is not visible by surrounding properties, the violins will be made by hand rather than by machines, and because the requested use is consistent with the area's cultural tradition. Staff did not find any unfavorable factors associated with the request. Gallahue won't be able to hire anyone without going back for another special use permit.

Landscape architect and former Planning Commissioner Will Reilly spoke in favor of the approval, saying that Gallahue’s business is exactly the type of small business required in the rural areas.

The item goes before the Board of Supervisors on January 9, 2008.

Sean Tubbs

Albemarle landscaper seeks rezoning for move to 250 near Crozet

Landscaper Scott Watkins makes his case to the Planning Commission

Scott Watkins is a lifelong resident of Albemarle County who has operated a landscaping business  here since 1984. However, the future of his livelihood is currently in jeopardy.

“The County has determined that I cannot have my landscape business in a rural area because it’s not agricultural,” Watkins told the Planning Commission on October 30, 2007.  Watkins and Company is located on Route 20, outside of the growth area.

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The County classifies his business as a contractor’s storage yard, which is only allowed in land designed as Highway Commercial or Light Industrial. Watkins said he could not afford to purchase any land already zoned in one of those two categories, so he and his wife purchased two parcels of land totaling three acres in the growth area along Route 250 and are requesting a rezoning to Highway Commercial.  The land is currently zoned as R-1 residential. 

“Currently my livelihood is at stake,” he said. “I’m not looking to develop this property for profit, but merely to keep my business in the County.”

The Commission held a work session to find out more information on the project, and to consider whether a landscaping business would be an acceptable use of the property.  Staff also wanted to know if Watkins would be required to connect to sewer.  The house has a functioning well and septic system, and Watkins said he would likely not want to hook up to public water.  Watkins is also not interested in contributing to the construction of an interconnecting road to the proposed Liberty Hall subdivision, something staff has suggested may need to be part of a rezoning.

Watkins two parcels of land are marked with orange and red outlines

Adjacent to the property on the west is the Cloverlawn development, which features town houses as well as two commercial buildings fronting Route 250. To the east lies the rural area boundary.

For his part, Watkins said his business would make a good neighbor for the Cloverlawn department.
“I think that we would make a wonderful transition between what is currently the rural area to a commercial area.”  He said he would be willing to improve the current landscaping on the property, and there would be no retail traffic at the location. However, a handful of trucks would be dispatched each morning. 

Because the property is within the boundaries of the Crozet Master Plan, staff has also requested Watkins to consider building pedestrian connections  with surrounding neighborhoods, both existing and proposed. Watkins said he did not want to do so because his business is not a retail establishment. 

“A quick scan of the local maps shows that there is a dearth of industrial land in the County for service businesses,” Watkins said.

Landscape architect and former Planning Commissioner Will Reilly has been working with Watkins to find a new location. He spoke up in favor of the rezoning.

“I think the really crucial issue here is to recognize that this parcel is in the growth area,” Reilly told the Commission. “If you look at the various criteria in the Crozet plan for where this kind of operation would occur, the closest category is the one that it's proposed to be in.”

But the rezoning is opposed by at least one neighbor of Cloverlawn, and by an organization that is dedicated to preserving the route 250 corridor. Scott Peyton is the president of Scenic 250.

“I'm deeply concerned that a rezoning from R1 to Highway Commercial would set an extremely disturbing precedent,” Peyton said. “I think you all could count on seeing additional requests come before you and the Supervisors. If you approve this rezoning, I don't know what the County's footing would be to deny future rezoning requests.

“I'm deeply sympathetic to Mr. Watkins personal and professional plight,” Peyton added. “I think it is imperative for the County to take steps to make provisions for appropriate locations for service industries to be in place to support both the commercial and residential development in the growth area.”

Reilly told the Commission that the road will look even more scenic if Watkins can operate his business, because he will plant trees along Route 250.

Commissioner Duane Zobrist (White Hall) asked what would happen if the land was rezoned, and Watkins goes out of business. Reilly said there would be a lot of limitations placed on the rezoning.

Anita Jacobson lives next door in the Cloverlawn townhouses, and she says she would not have bought her home if she had known the property next door would go commercial. “I'm unfortunately only one of 18 homeowners here tonight at this meeting to make that objection,” Jacobson said.

Zobrist said he had a lot of sympathy for Watkins but was skeptical the rezoning would occur.

“I just think he probably picked the wrong piece of property,” he said before listing several reasons why he is opposed. They include the presence of heavy trucks entering the property, the preservation of 250's character, and a fear that the property may end up being sold to another commercial interest in the future.

Commissioner Eric Strucko (Samuel Miller) agreed, and added that he could not support any more rezonings until the County has rural protection strategies in place.

But Commissioner Pete Craddock (Scottsville) said he was concerned that Watkins and other small businesses will end up moving to another county in order to keep going.  But, he added that he was not sure if this particular piece of property would be  a good fit.

Commissioner Calvin Morris (Rivanna) said he felt it was an appropriate use, because a landscaping business would provide a good transition from rural to commercial.  Though, he said he was not sure how to handle the potential traffic issues.

Commissioner Bill Edgerton (Jack Jouett) said he was struggling with how to proceed, and wanted more information on exactly how many trucks would enter and exit the property each day. Watkins responded that at most, two trucks would be loaded up with supplies each morning, and would return in the afternoon, and the occasional 18 wheeler would supply the business.

“I hear the concern about the expansion of commercial,” Edgerton said. “This is certainly not on the level of expansion of yet again more shopping centers.” He added that residential uses would likely generate more traffic.

Chair Marcia Joseph (At-Large) said she had a problem with rezoning the property as Highway Commercial, which she called the County's most intense zoning classification. Her proposed solution would be to try to find a way for Watkins to continue operating his business in the rural area. She added that she concerned that Watkins did not want to do many of the items requested by staff, such as connecting to public water and building transportation improvements.

Zobrist asked if it would be possible to simply rezone Watkins' existing property. County Planning Chief Wayne Cilimberg said that would not be consistent with the comprehensive plan designation, and would be spot-zoning. Commissioner Jon Cannon (Rio) said that he thought rezoning Watkins property on 250 would be consistent.

“I don't think you need to be hung up on highway commercial if we tailor [the rezoning] so that it is what it needs to be for this particular site in a way that can be enforced,” Cannon said.

Commissioner Craddock said the rezoning would have to be worded very carefully. “I certainly don't want to see this done to Highway Commercial, and then six months later Joe's Used Car Lot comes out there,” Craddock said.

Four of the seven commissioners agreed to proceed with the process, and a public hearing before the Planning Commission will be held on December 11, 2007. Zobrist and Strucko were the two votes against proceeding, and Joseph did not voice a specific position.

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TIMELINE FOR PODCAST

• 0:54 – County Planner Rebecca Ragsdale introduces the item and gives a summary
• 17:31 – Commissioner Zobrist asks how the Cloverlawn development is currently zoned, and Commissioners discuss
• 19:51 – Applicant Scott Watkins
• 26:39 – Commissioner Zobrist asks Watkins about the location of his current property
• 27:41 – Landscape architect Will Reilly describes how he's been working with Mr. Watkins
• 37:01 – Commissioner Jon Cannon asks Reilly if he thinks the property would be appropriate for residential use
• 42:06 – Commissioner Joseph asks how a landscaping business would be acceptable under the Crozet Master Plan
• 43:42 – Cloverlawn resident Anita Jacobson expresses her opposition
• 45:09 – Scott Payton, President of Scenic 250, expresses his opposition
• 48:35 – Commissioners discuss whether a landscaping business would be an appropriate use for the location
• 1:16:46: County Staff asks for more input on the improvements Watkins would have to make through proffers to the property in order to get the rezoning

Sean Tubbs

Planning Commission Summary for October 30, 2007

The Albemarle County Planning Commission has voted 5-2 to recommend rejection of a rezoning that would further expand the Glenmore community. The applicant has requested several parcels of land southeast of the existing Glenmore development be rezoned as Planned Residential Development.  KG Associates seeks to build an additional 110 homes  on the property.

The item was first reviewed at a public hearing on August 21, 2007. While the Commission recommended approval at that meeting, a second hearing had to be held because a discrepancy was found in the legal advertisement. One of the tax parcel numbers had been omitted from the ad, and others were incorrect.   
After the first public hearing, the Planning Commission made three specific recommendations:

• the applicant should make cash proffer contributions  and or construct affordable units
• the applicant should  amend the plan to show a pedestrian connection
• the applicant should proffer an area for a greenway

County Planner Elaine Echols said the recommendation of staff was to approve the rezoning if the developer met those recommendations. But, at the October 30 public hearing, the applicant had not  made the first two changes, though Echols said she had been talking to the developer’s representative, Don Franco, about the cash  proffers. 

“There were changes to the proffers, but there were not changes to the plan,” Echols told the Commission. “But the proffers were just changed in some ways to make it clear what they were proffering and certainly to provide the greenway information.”

The applicant’s representative, Don Franco, told the Commission that the requested changes to the plan were graphical in nature,   and that he would be taking up the affordable housing proffers issue when the item goes before the Board of Supervisors on November 14. The developer wants to base the affordable housing contribution on 76 units, and feels that a credit should be granted for environmentally-sensitive design.

Planning Commissioner Eric Strucko (Samuel Miller) said he could not support the rezoning because he was concerned about the extra density in the location, which is within the County’s growth area. “Given the fact that we don’t have rural preservation policies in place, I cannot support this,” he said. He also said he was opposed to the applicant’s request for any credits.

Commission Chair Marcia Joseph (At-Large) said she was disappointed that nothing was changed on the plan.  “I feel as if it doesn’t really matter what we say or what kind of approval or what kind of recommendations we give to the Board,” she said.  “We needed all 110 units within the proffers.”

Assistant County Attorney Greg Kamptner said the applicant wants the chance to explain why they feel they need a credit to the Board, and that’s why they’ve not made the change.

Commissioners Cal Morris (Rivanna) and Duane Zobrist (White Hall) voted for approval, while Commissioners Joseph, Strucko, Bill Edgerton (Jack Jouett),  Pete Craddock (Scottsville) and Jon Cannon (Rio) voted against.

Another expansion at Glenmore, the Livengood parcel, was approved earlier this month.

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OAKLEIGH FARM

The Commission also recommended rejection of a rezoning of 8.82 acres of land off of West Rio Road from R-6 the Neighborhood Model District. The owner of the property, George Ray, wants to build a mixed-use community called Oakleigh Farm that would feature 109 housing units arranged as well as 28,000 square feet of commercial retail space.

Two of the buildings fronting Rio Road would have the commercial space on the first level, with residences located on upper floors. Behind that, the development would open up into a series of multi-family units arranged around a grove of trees, as well as two single family cottages. The property is bordered by the Berkmar Crossing, Heritage Hall and a business called the Garden Spot. Fifty-three percent of the project would be either open space or some other amenity, according to the applicant’s attorney, Valerie Long.

County Planner Claudette Grant told the Commission the proposal meets with most of the principles of the Neighborhood Model, and that the applicant will preserve 39 existing mature trees.  However, she also listed several factors that are unfavorable to rezoning. For instance, she said the impacts on public facilities are not appropriately offset through proffers, a buffer with Heritage Hall has not been finalized, as well as several issues with the plan identified by the Architectural  Review Board. Grant said the applicant has agreed to resolve the issues and is working with staff.

There are no affordable housing provisions in the plan, but Grant said the developer may change this before it goes to the Board.  If not, Oakleigh may pay an additional cash proffer to meet the County’s affordable housing.

Long said the applicant is requesting proffer credits based on two provisions in the County’s recently adopted cash proffer policy.  First, she said the policy allows states that the Board of Supervisors “has the discretion to give credit for existing lot yields if the application provides substantial upgrade over current design development standards.”  Second, she says the policy allows for credit to be given “if there are unique circumstances about a project that mitigates the development’s impact on public facilities.”

Long said Oakleigh  qualifies for both of those credits because it would build a mixed-use community in Neighborhood Model, and because the County will receive tax revenue as a result of the commercial space.  The developer could build between 52 and 78 residences by-right, and Long estimates that the project will generate $ 65,000 per year in tax revenues. She asked the Commission to consider granting a proffer credit of $325,000 based on five years.

Commissioner Pete Craddock said he thought it was up to the Supervisors to answer the proffer question. Commissioner Cannon lauded the project for taking tree preservation seriously, but said he did not feel it’s the Commission’s role to make exceptions to the “strict terms” of the proffer policy.

“I don’t understand how they expect us to exercise their discretion,” Cannon said.

Commissioner Edgerton said he could not support the project because not enough had been done to push for a buffer between Oakleigh and Heritage Hall.  He also said he felt it was not appropriate for the Commission to weigh in on cash proffer credits.

The Commission voted unanimously to recommend rejection. The item will go before the Board of Supervisors on December 12, 2007.

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LIBERTY HALL

The Planning Commission voted unanimously to amend a previous rezoning of the Liberty Hall project, 8.01 acres that were rezoned in June 2006 to Neighborhood Model District. The change allows for construction of a total of 51 residential units off of Radford Lane in the Crozet area. The language in the original rezoning did not include language that would have allowed the developer, Weatherhill Development, to rent out the 8 proffered affordable housing units. The amendment now includes that language.  No other changes were made to the rezoning, and the project is nearing final site plan approval.  Valerie Long, who represents the developer, says the amendment was requested to provide flexibility once the units are built. The item goes before the Board of Supervisors on December 12

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OTHER COMMISSION ITEMS

The Commission also held a work-session on the rezoning of Downtown Crozet, as well as a work-session on a proposal to rezone a parcel of land to the south of Liberty Hall to Highway Commercial to accommodate a landscaping business. Charlottesville Tomorrow will publish stories on those topics in the near future.

Sean Tubbs

Charlottesville Tomorrow releases results of public opinion research project

Charlottesville Tomorrow has completed a major non-partisan public opinion research project which included focus groups and a telephone survey to assess the views of voters related to Albemarle County’s rural countryside, community infrastructure, and satisfaction with local government leadership on these issues.

Charlottesville Tomorrow’s Survey 2007 indicates that voters in Albemarle County strongly believe the rural countryside is important to their quality of life.  Furthermore, there is strong agreement about many statements that describe how people feel about the rural countryside.

Become a subscriber to Charlottesville Tomorrow's information resources to download a copy of the complete report from our publications website. Want to help us complete future research projects like this? Make an online donation today! Our donors invested over $50,000 in this research.

KEY FINDINGS
With respect to policy issues related to land use, infrastructure, taxation, transportation, and leadership, the survey results indicate:

• There is strong public support for policies, like phasing or time based zoning, that would set a schedule for the rate of new development in Albemarle County’s rural areas.  77.8% of respondents indicated they would be likely or very likely to support such a policy.
• 86.1% of respondents think the rate of new home construction in Albemarle’s rural countryside should be slower.
• 81.4% of respondents indicated they support the use of tax dollars to purchase rural development rights if it would permanently protect the land with conservation easements.
• 32.8% of respondents felt like local government was doing a very good or good job ensuring infrastructure was in place to support new development.  When asked about government’s efforts to have developers pay their fair share for infrastructure, 42.2% of respondents were satisfied.
• 58.4% of respondents indicated they strongly or somewhat supported the land use taxation program.
• 56.2% of respondents supported a modest increase in local taxes to support priority transportation projects.  When asked which tax they preferred, 54.8% of respondents offered support for either a gasoline tax or a sales tax.
• 40% of respondents think citizens get an appropriate amount or a great deal of attention when they raise legitimate concerns about county growth, development, and transportation issues.
• 57.2% of respondents indicated they were satisfied local government was making decisions that benefit the community as a whole.
• 48.9% of respondents indicated satisfaction with government’s efforts to make decisions to protect the rural countryside.

METHODOLOGY

Charlottesville Tomorrow's Executive Director, Brian Wheeler, at the July 30, 2007 press conference

Charlottesville Tomorrow commissioned Interviewing Service of America (ISA) to conduct a telephone survey of registered voters in Albemarle County, Virginia.  Albemarle County voters were called by ISA during June 20-28, 2007 and randomly selected from a universe of 45,932 voters whose telephone numbers were identified in a phone match by Blaemire Communications.  The ISA telephone survey has a confidence rate of 95%, and a sampling error rate of ±3%.  A total of 1,045 interviews were completed with a participation rate of 27% and an incidence rate of 100%.  Respondents were asked twenty topical questions and nine demographic/qualifying questions in a survey that typically took 11 to 20 minutes to complete.  Additional information on the survey methodology can be found in the complete survey report.

Brian Wheeler

VDOT's Giometti presents Places29 transportation study

The Places29 Master Plan has entered its next phase, and the Albemarle County Planning Commission has begun a series of work sessions to examine each element in turn. On July 10, 2007, John Giometti of the Virginia Department of Transportation presented the Transportation Study component of the plan, which explains how the Places29 fits into the region's transportation network.

Podcast produced by Charlottesville Tomorrow * Player by Odeo

Listen using player above or download the podcast: Download 20070710-CpC-Places29.mp3

Before the presentation, Mike McGowan of the North Charlottesville Business Council presented ideas created by UVA architecture students to help improve pedestrian access across U.S. 29. The ideas would see pedestrian crossing lights built between traffic light, and McGowan claims there would be enough spacing to allow traffic queuing to proceed as normal.

"They've come up with three ways to get people across that are affordable, realistic, and the kinds of things that the Council would like to see happen," said McGowan. Commission Chair Marcia Joseph (At-Large) told McGowan she appreciated being shown the slides, and County Senior Planner Judith Wiegand said her staff will examine whether they are feasible.

Giometti's presentation began with a history of the Places29 process, which dates back to an original study called 29H250 (.PDF) which sought to find new alternatives for the interchange between those two federal highways at Emmet Street. That process involved trying to see how U.S. 29 could be designed as both a corridor for intrastate transport, as well as a regional network. The idea of developing additional roads to run parallel to 29 evolved from this process.

Giometti also presented a few slides of the Places29 Access Management Plan, which is an aerial map depicting potential futures for all driveways and roads entering U.S. 29.

"We realize that as their uses change in the future and the traffic becomes heavier on 29, we really have to think about what's the best way to get on and off the highway," he said.

After hearing the presentation, Commissioner Bill Edgerton (Jack Jouett) warned Giometti that parallel roads on the west side of U.S. 29 could affect the area's drinking supply, as extra traffic on Berkmar Drive would mean more pollutants in the South Fork Rivanna Reservoir. He also expressed concern that "there is no way to introduce a continuous parallel road or service road along the east side without impacting some private property."

Giometti acknowledged that there are many constraints, but that all of the individual elements of the Places29 plan when taken together would add up to a plan that works.

"If you look at the southern part of the corridor, we don't have a lot of opportunities to get a continuous parallel road on the west side," he said. "So we're focused on building Hillsdale. Then once you get to the northern part of the corridor, it flip-flops, and Berkmar becomes our primary opportunity. That's why Rio grade-separation becomes so critical. You really don't need parallel roads on both sides if you can get across 29 freely."

Giometti said that he thought an extended Berkmar would not impact the watershed because the road would be downstream of the South Fork Rivanna Reservoir.

Commissioner Jon Cannon (Rio) asked what the timeframe for some of the transportation improvements, and wondered if they were realistic.

Giometti said the plan anticipates traffic projections for 2025. "[Places29] is  assuming that all of these things are happening in some symbiotic relationship. If we continue down the same path we've been down in the Commonwealth, your development and congestion are going to come first and then your traffic improvements are going to come later. The whole idea with Places29 is to do the land use and transportation planning at the same time so that we don't end up in that situation."

Reflecting on the scale of the recommendations, Commissioner Duane Zobrist (White Hall) told Giometti it appeared the community would need a couple million people to support some of the buildings and transportation improvements depicted in some of the photo simulations.

"Do you use any kind of population growth projections or do you have models that say you need a certain amount of people to do these wonderful things?" he asked.

Albemarle County Chief of Planning David Benish said the modeling for Places29 is based on projections made by the Virginia Employment Commission. "The 29 North Corridor is an area where there is expected to be growth," he said.

In February, the Commission was told that the Places29 study area can handle a substantial amount of new housing.  The area has 14,200 homes today.  The plan anticipates construction of 6,800 additional homes during the next twenty years.  Albemarle County has already approved 2,800 of those homes in the North Pointe, Albemarle Place, and Hollymead Town Center developments.  Plans for an additional 1,228 homes at Hollymead Town Center are currently under review by the County.  If built, 6,800 new homes could accommodate population growth of another 17,000 people [2.5 people per dwelling unit].

Commissioner Joseph said she was concerned about many of the proposed connector roads depicted as running through rural areas on the northeastern portion of the Places29 Transportation Study.

Albemarle County Senior Planner Judith Wiegand said the green lines used are not intended to be specifics.

"Those are supposed to be general indicators of where roads might come in from the Eastern Connector," Wiegand said.

The draft text of Chapters 1 through 4 will be presented to the Planning Commission on Tuesday, July 17 beginning at 5:00 PM in Lane Auditorium. Chapter 1 features an introduction to the plan. Chapter 2 outlines the plan’s vision and guiding principles. Chapter 3 lays out the existing conditions and future trends of the corridor. Finally, Chapter 4 establishes definitions for “centers” and “neighborhoods” – two of the key terms in the plan.

Selected highlights from the video:

00:00 - Introduction from Judith Wiegand, Albemarle County Senior Planner
01:30 - John Giometti of VDOT presents the history of the Places29 Plan
06:30 - Giometti presents section on traffic and the transportation network
22:00 - Giometti discusses how grade-separation intersection would work at Hydraulic Road/US 29, including a photo simulation of how Hydraulic Road-US 29 intersection might look
26:00 - Giometti presents how Rio Road-US 29 intersection might look, including a photo simulation
30:50 - Giometti presents series of slides on how public transportation, pedestrian, and biking options will be integrated into Places29
36:30 - Giometti details the parallel road network, including photo simulations of Berkmar Drive at Sam's Club
40:00 - Giometti discusses how redevelopment of the corridor can be done to accomodate transit, including photo simulations of a revamped Albemarle Square and Rio Road's "Gasoline Alley"
42:20 - Giometti defines the Access Management Program
47:00 - Question from Commissioner Bill Edgerton on the Access Management Program and the effects of Berkmar Drive on water quality in the South Fork Rivanna Reservoir
52:00 - Comments from Commissioner Marcia Joseph on green infrastructure
53:40 - Question from Commissioner Joseph on "jughandles" at Timberwood Boulevard
58:40 - Comments from Commissioner Jon Cannon about how whether the Places29 improvements anticipate or create traffic
1:01:40 - Comments from Commissioner Duane Zobrist about what population projections have been made
1:06:30 Comment from Commissioner Joseph about proposed roads depicted on the Study as being in rurally zoned areas

Sean Tubbs & Brian Wheeler