Central Virginia
Albemarle County
Planning Commission Regular Meeting 6/28/2022
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Planning Commission Regular Meeting
6/28/2022
Attachments
Agenda.pdf
Minutes.pdf
Action Memo.pdf
Attach. 1 Setbacks & Land Uses Berkley Group Memo.pdf
Attach. 2 Setbacks & Land Uses & Definitions Cross walk.pdf
Attach. 3 Setbacks & Land Uses Permissions.pdf
SP2022-5 Community Christian Academy at RiverStone Church Staff Report.pdf
Attach. 1 SP2022-5 Community Christian Academy at RiverStone Church Location Map & Aerial Map.pdf
Attach. 2 SP2022-5 Community Christian Academy at RiverStone Church Application Narrative.pdf
Attach. 3 SP2022-5 Community Christian Academy at RiverStone Church Conceptual Plan.pdf
ZMA2022-3 Firdyiwek-Deal Rezoning Staff Report.pdf
Attach. 1 ZMA2022-3 Firdyiwek-Deal Rezoning Location Map.pdf
Attach. 2 ZMA2022-3 Firdyiwek-Deal Rezoning Zoning Map.pdf
Attach. 3 ZMA2022-3 Firdyiwek-Deal Rezoning Applicant Narrative.pdf
Attach. 4 ZMA2022-3 Firdyiwek-Deal Rezoning Conceptual Plan.pdf
Attach. 5 ZMA2022-3 Firdyiwek-Deal Rezoning Proposed Proffers.pdf
Attach. 6 ZMA2022-3 Firdyiwek-Deal Rezoning Neighborhood Model Analysis.pdf
1. Call to order and establish quorum.
2. Work Session.
a. Setback and Land Uses
Setback and Land Uses.pdf
1. Call to order and establish quorum.
▶︎
0:00
2. Other Matters Not Listed on the Agenda from the Public.
▶︎
0:53
3. Consent Agenda (on next sheet).
▶︎
3:52
4. Public Hearings.
▶︎
4:08
a. SP202200005 Community Christian Academy at RiverStone Church
▶︎
4:08
SP202200005 Community Christian Academy at RiverStone Church.pdf
b. ZMA202200003 Firdyiwek- Deal Rezoning
▶︎
30:24
ZMA202200003 Firdyiwek- Deal Rezoning.pdf
5. Committee Reports.
▶︎
39:19
6. Review of Board of Supervisors Meeting – June 15, 2022
▶︎
43:19
7. Old Business/New Business.
▶︎
43:12
8. Items for follow-up.
▶︎
45:03
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:00:00
This meeting of the Albemarle County Planning Commission to order.
00:00:03
Isn't there a statement?
00:00:07
Okay, nope.
00:00:08
Okay, sorry.
00:00:11
That's what I was looking for.
00:00:13
Oh yeah, the opportunities for the public to access and participate in this hybrid meeting are posted on the Albemarle County website on the Planning Commission homepage on the Albemarle County calendar.
00:00:22
Participation will include the opportunity to comment on those matters for which comments from the public will be received.
00:00:29
So can we have the roll call, please?
SPEAKER_12
00:00:34
Mr. Bailey.
SPEAKER_01
00:00:35
Present.
SPEAKER_12
00:00:37
Mr. Carrazana.
SPEAKER_01
00:00:38
Present.
SPEAKER_12
00:00:40
Ms.
00:00:41
Firehock.
00:00:42
Present.
00:00:43
Mr. Missel.
SPEAKER_05
00:00:44
Present.
SPEAKER_12
00:00:45
Mr. Murray.
SPEAKER_05
00:00:47
Present.
SPEAKER_12
00:00:48
Mr. Clayborne.
SPEAKER_05
00:00:49
Present.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:00:50
Okay, thank you.
00:00:52
We have a quorum.
00:00:53
The next item on our agenda is to hear from the public on matters that are not on the agenda.
00:00:59
Do we have a member of the public who would like to speak to us?
Andy Herrick
Deputy County Attorney
00:01:02
Madam Chair, before we go on, I'd like to reflect that Mr. Bivins is also present.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:01:06
Yes.
SPEAKER_02
00:01:08
Thank you.
Neil Williamson
President and Executive Director
00:01:18
Well I for one am glad Mr. Bivins and all of you are present in person today.
00:01:22
I spending two years with you guys zooming into my home office.
00:01:28
I feel weird seeing you without backdrop, Daniel, especially, but the
00:01:34
The reason I'm coming up to you, Neal Williamson from the Free Enterprise Forum, is to correct the record.
00:01:40
There were comments made in the earlier session regarding agriculture in Albemarle.
00:01:46
I did some research in the break, and I have some facts for you.
00:01:51
And the one that isn't a fact is it's about 40%, not for agriculture in the area, but that's my back of the envelope math.
00:02:00
Here are some real numbers from the USDA from 2017.
00:02:05
The land area in farms in Albemarle County in 2017 was 182,781 acres.
00:02:10
The market value of products sold from Albemarle County Farms was $29,647,000.
00:02:15
The total farm production expenses, so the money the farms put in locally, $45 million.
00:02:32
The challenge is we have a lot of smaller farms and we have a lot of products that work here that require less space.
00:02:42
I will say I do work in the wine business.
00:02:45
And about eight years ago Loudoun County eclipsed Albemarle for the largest number of vineyards.
00:02:52
and wineries.
00:02:53
But we're number two and a strong number two.
00:02:55
And the Monticello appellation, which includes much more than just Albemarle County, is still the dominant appellation for quantity and quality of wine.
00:03:04
I bring all this up because as you consider agricultural uses, those are real small businesses here in Albemarle and zoning impacts them.
00:03:13
The wineries and the distilleries and others have state code protecting them, but the other farms have just the right to farm act.
00:03:21
So I encourage you to consider those small farms that are keeping your rural areas rural.
00:03:26
Oftentimes we see so-called development area folk driving through the rural areas, thinking of it like parkland.
00:03:34
Well, the production of those farms is what keeps it rural.
00:03:39
I appreciate the opportunity to speak, and I am glad to be back in person with you.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:03:43
Thank you very much, Mr. Williamson, and welcome back.
00:03:46
Is there anyone else from the public who would like to offer comments to the commission at this time?
00:03:52
OK, seeing no one rushing the podium, we'll move on to the consent agenda.
00:03:59
I thought there was nothing there.
00:04:03
Nope.
00:04:04
I don't know.
00:04:04
It's just there's nothing there.
00:04:06
That's what I thought.
00:04:07
All right.
00:04:08
Public hearings are going to move on to SP two zero two two four zeros and a five Community Christian Academy at Riverstone Church.
00:04:17
May we have the staff report?
Kevin McCollum
Senior Planner
00:04:33
Good evening, Chair Firehock and commissioners.
00:04:36
My name is Kevin McCollum, and I'm a senior planner with the Planning Division of Albemarle County Community Development.
00:04:42
Tonight, I will be giving staff's presentation on Special Use Permit Application SP-2022-5 Community Christian Academy at Riverstone Church.
00:04:53
This is a proposed special use permit for a private school within an existing building.
00:05:01
The subject property is located at 1515 Insurance Lane and is set back about 350 feet from Seminole Trail.
00:05:09
The property is located between the two entrances to the Hollymeade PUD neighborhood, which are North Hollymeade Drive and South Hollymeade Drive.
00:05:17
The property is owned PUD or plan unit development and is in the community of Hollymeade in the place's 29 master plan.
00:05:24
The future land use designation for the property is Commercial Mixed Use, which calls for commercial, retail, employment uses, supporting residential, office, and institutional uses.
00:05:39
The existing building is currently used by the Riverstone Church.
00:05:43
The parcel includes existing parking, a play area in the rear, and is surrounded by some green space.
00:05:49
West of the property, across Insurance Lane, there are six buildings within the Holly Mead Office Complex.
00:05:55
These existing buildings are mainly used as office spaces, including for engineering, medical, and insurance businesses.
00:06:03
There's an existing Montessori school at 1552 Insurance Lane, which received a special use permit in January of 2019.
00:06:11
The Hollymede PUD also consists of single family and multifamily homes, a clubhouse, and the Hollymede Elementary School.
00:06:24
The applicant has requested a special use permit to establish a private school for up to 100 upper elementary to high school students.
00:06:33
The school would operate from 7 30 a.m.
00:06:35
to 3 30 p.m.
00:06:36
Monday through Friday from mid August to early June.
00:06:40
The school does not intend to have consistent after school activities on the property and would therefore have limited overlap with the existing church's hours.
00:06:50
Adjacent to the building is a large parking lot for parking and student pickup and drop-off circulation.
00:06:56
There's an existing basketball hoop and Gaga ball pit located in the grassy area on the side of the building.
00:07:04
The applicant has suggested a fence will be provided for any balls that could potentially roll into the road.
00:07:12
The conceptual plan provides an overview of the proposed site layout.
00:07:17
Minimal site changes will be made.
00:07:20
The plan shows the parent pickup and drop-off circulation loop and identifies the grassy outdoor play areas, Gaga Pit, the basketball hoop, and the proposed fence.
00:07:35
Next are the factors favorable.
00:07:38
Institutional uses such as private schools are consistent with the master plan.
00:07:43
The proposed school is accessed from adequate public roads and there's no detrimental impacts to adjoining properties that are anticipated.
00:07:51
Staff does not have any factors unfavorable at this time.
00:07:57
The next slide is staff's recommendations.
00:08:00
Staff recommends approval with the following conditions.
00:08:04
These conditions are on the screen, but also available in the staff report.
00:08:10
So with that, that concludes my presentation.
00:08:12
I also have a motion slide if you wish for me to flip over to this slide, but any questions?
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:08:22
Thank you very much.
00:08:22
Other questions from the Commission for Staff?
00:08:27
No, that's always a good sign of a good staff report.
00:08:32
Also a less complex proposal than some that we've had before us.
00:08:36
So with that, being no questions from staff, excuse me, I'm dying of pollen.
00:08:45
I understand that the applicants do not have a presentation for this evening.
00:08:49
So if you would like to ask the applicants any questions directly at this time, we can do that.
00:08:58
No questions for the applicant?
00:09:01
They're not planning to make a formal presentation, so I'm asking you if you have questions, and then we'll have them come up to answer them.
00:09:08
So yes, they do.
00:09:09
So okay, I have you up to the podium.
00:09:11
You just need to state your name for the record into the mic and adjust it if you need to.
SPEAKER_13
00:09:17
Thank you.
00:09:19
I'm Kimberly Moore, and I'm the Executive Director for Community Christian Academy.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:09:23
Okay, thank you for coming.
00:09:24
All right, so we'll just, just for simplicity, we'll just go in this order down the line.
00:09:28
So did you have one, Lonnie, or Daniel?
Daniel Bailey
Commissioner, Planning Commission
00:09:32
I just real quick, I mean, it's trivial, but the map orientation and the proposed drop off and entry, I'm assuming that that's not turning across traffic.
00:09:43
It's kind of the maps are backwards from orientation, but I'm assuming
00:09:49
We're not having them try to turn left across traffic to get in and exit.
00:09:54
This is kind of different from actually how it's oriented in the map.
SPEAKER_13
00:10:03
The flow of traffic was what VDOT asked us to have as the flow and so all traffic coming to the site would come in at the north entrance of Hollymede where the stoplight is and would flow in this direction leaving through the south entrance.
00:10:26
So if you were outside, you know, say across the street, looking at the building, this would be the correct directional flow.
Daniel Bailey
Commissioner, Planning Commission
00:10:37
Right.
00:10:37
So you'd be turning right off of Holly Mead onto insurance, North Holly Mead onto insurance lane?
SPEAKER_13
00:10:44
You would be coming north of the building and going south.
00:10:49
And so, yes.
00:10:51
You would theoretically cross the northbound lane to come into the parking lot, and then you would exit the southbound lane, not crossing the northbound lane, if that makes sense.
Daniel Bailey
Commissioner, Planning Commission
00:11:05
Yeah, so they have to turn left in, and then they're turning left out into the school.
00:11:14
Right, so you're crossing traffic, whatever traffic there is.
00:11:18
Yes, I'm sorry that you are correct.
00:11:20
That was recommended by VDOT.
SPEAKER_13
00:11:22
So this is what VDOT asked us to do.
00:11:25
The school has no opinion about how the traffic should be done.
00:11:30
We'll follow whatever the county says.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:11:33
I'm more curious than really trying to understand.
00:11:35
I think it was more the insurance lane doesn't have a lot of traffic on it.
00:11:38
So I think I see where you're coming from.
00:11:40
It could be a
Daniel Bailey
Commissioner, Planning Commission
00:11:41
conflict that you would be creating, but I think it's so lightly traveled that it would be an issue.
00:11:48
And that was, she got, she addressed it, VDOT suggested because there's a stoplight at North Audemarle, it makes sense that that's the most logical to do that.
00:11:57
So just curious.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:11:59
Sure.
Daniel Bailey
Commissioner, Planning Commission
00:11:59
I'm done.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:11:59
That's fine.
00:12:00
Anyone else from this side?
00:12:02
No, go ahead.
Corey Clayborne
Commissioner, Planning Commission / Vice Chair, Planning Commission
00:12:04
Good afternoon or good evening, I should say.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:12:06
Thank you.
Corey Clayborne
Commissioner, Planning Commission / Vice Chair, Planning Commission
00:12:08
I have just a couple of questions.
00:12:09
Would there be scholarships available for underserved populations?
SPEAKER_13
00:12:13
Actually, that's a great question and it has nothing to do with this location.
00:12:17
Our school was started 10 years ago because we felt that there was a lack of opportunity for a lot of families to have a private Christian education because of the high cost of tuition.
00:12:28
And so over half of our student body does qualify and receive significant scholarships to come to school.
00:12:36
I don't have any hardcore data, but I think it's
00:12:40
It's very easy for me to say that we're probably the most not only ethnically diverse population but also socioeconomically diverse private school population.
00:12:50
Each year, a third or more of our students have at least one
00:12:55
non-caucasian parent.
00:12:57
This is actually key to our mission, which is to provide a socioeconomically and ethically diverse population to make sure that a variety of populations are served.
Corey Clayborne
Commissioner, Planning Commission / Vice Chair, Planning Commission
00:13:11
Yeah.
00:13:11
Thank you.
00:13:12
Thank you for sharing that.
00:13:13
And my last question is going back to the circulation, just from my knowledge, the little arrows on the diagram, it seemed very complex.
00:13:21
I was just curious, could you just walk me through how that came about?
SPEAKER_13
00:13:25
Yes, well this was a recommendation from community development that came from VDOT as well.
00:13:33
They wanted to maximize the number of feet that cars could back up and it is a pretty significant amount of space that cars could back up and it's highly unlikely that
00:13:50
We would have that many cars.
00:13:52
Our current location at Cross Life Community Church has about 80 students and we don't have more than four or five cars backed up at a time at drop off.
00:14:07
So this is quite a bit of space, but I'm sure it was based on some VDOT calculation.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:14:15
That answers a lot.
00:14:17
Okay.
00:14:17
Other questions?
00:14:18
We'll just go in this order.
Julian Bivins
Commissioner, Planning Commission
00:14:20
Good evening.
00:14:21
So I just have a couple of questions.
00:14:22
So could you give us, tell us a little bit more about the age of your students?
00:14:27
That's what I was really trying to get at.
00:14:28
And then I have some other questions.
00:14:29
The age of your students?
SPEAKER_13
00:14:31
The age of our students for the entire school were kindergarten through eighth grade school at this time.
00:14:37
For this location, we're actually going to just move middle school, but to maximize our numbers, we wanted the flexibility of upper elementary.
00:14:48
But we're not going to move any of the upper elementary.
00:14:53
We were thinking about fifth grade.
00:14:54
Fifth graders are usually about 11 years old.
00:14:57
But we've decided for this time being to just move our sixth grade through eighth grade, which is around 12 to 14 year olds.
Julian Bivins
Commissioner, Planning Commission
00:15:09
Thank you.
00:15:10
And so then the other thing, so on page five, it says that the hours of operation will be from 7.30 to 3.30 Monday through Friday.
00:15:20
And the reason I asked this, where I'm coming was that, will there be any special events?
00:15:25
Do you anticipate it being any special events?
00:15:27
So do you need anything for that occasional time where you might have an evening program or have something that takes place here since the church has
00:15:35
We do not want to have events when the church is using it so we would not schedule any consistent
SPEAKER_13
00:15:51
events during the evening or late afternoon because we don't want to have any issues with parking or anything like that.
00:16:01
So just like we do with Cross Life Community Church, they have a church calendar and we work with the secretary when we want to hold some kind of special event and to make sure that the calendar is clear so there's no other competing events.
Julian Bivins
Commissioner, Planning Commission
00:16:19
How often, I'm not going to hold you to it, but how often do you think you do something like that?
SPEAKER_13
00:16:24
Two to four times a year.
SPEAKER_02
00:16:27
Thank you.
Julian Bivins
Commissioner, Planning Commission
00:16:36
So if we can look at this, at the image that's in front of us.
00:16:41
If I understand it correctly, you're going to keep the gaga pit that's there.
SPEAKER_13
00:16:45
We don't intend to change any of the existing things that are there, like to remove them.
00:16:51
The only change that we are recommending is putting a small fence that would block any, I went out there and measured, there's a, there you go with the dots there.
00:17:04
There's a lot of great natural barriers, whether they be hills,
00:17:08
trees, bushes, things like that.
00:17:10
There's just a small gap behind the gaga ball pit of 32 feet.
00:17:16
And we didn't want any concerns about balls rolling off the property.
00:17:21
So the church has agreed and we can put up a 32 foot fence just to block that area.
Julian Bivins
Commissioner, Planning Commission
00:17:29
Okay.
00:17:29
I'm glad to hear that.
00:17:30
I actually went and looked at the site over the weekend and so I was hoping you would say that.
00:17:34
I'm glad to hear that you're talking about
00:17:36
people from the fifth grade, children from the fifth grade, because I saw balls on the other side between the asphalt and, and south Holly, Holly, Holly made dry.
00:17:48
And so thinking that to the extent that fast fence can be longer than 35 feet to cover that gap, I would sort of, I'm going to have that discussion with my colleagues because I did see lots of balls on the other side of the greenery there.
SPEAKER_13
00:18:03
Well, the 32 feet is an estimate, and it would fill the gap.
00:18:06
It'll fill the gap.
00:18:07
OK, so maybe that's how we do it.
00:18:10
That was me and my long measuring tape.
SPEAKER_10
00:18:13
That's a good thing.
00:18:15
The longer the tape, the better.
SPEAKER_02
00:18:17
OK, thank you.
SPEAKER_15
00:18:20
I'm good.
SPEAKER_02
00:18:22
All right.
00:18:25
OK, it's back to you, Julian.
SPEAKER_15
00:18:27
Oh, gee.
00:18:34
You told me about your ASA.
Julian Bivins
Commissioner, Planning Commission
00:18:35
You told me about your ASA for the church.
00:18:38
You told me about Spencer events, which I think we should talk about special events.
00:18:42
And also, you said you're bringing fifth graders there.
00:18:46
Do you anticipate that you're going to bring your K to four at some point?
00:18:49
So they're going to stay at the other location.
SPEAKER_13
00:18:51
Correct.
00:18:51
We're not looking to replace our current location.
00:18:54
We simply have, we're outgrowing our location and turning away students.
00:18:58
So we want to add a second location for our older students.
Julian Bivins
Commissioner, Planning Commission
00:19:01
Okay.
00:19:01
So this is additive.
00:19:02
Okay.
00:19:02
Thank you.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:19:04
Okay, there's no other questions for you at this time.
00:19:07
We have to open the public comment period and then if anyone comments and then you can come back.
00:19:13
All right, are there any members of the public in the audience who would like to comment?
00:19:19
Seeing none, is there anyone online who has signed up to comment on this matter?
SPEAKER_12
00:19:23
There is not.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:19:24
There's not, okay.
00:19:26
Is there anything that the applicant would like to add to what you've already stated?
00:19:32
Are there any other questions that have arisen in the last 30 seconds?
00:19:35
All right, no.
00:19:36
All right, we'll go back to discussion.
00:19:38
We'll close that portion.
00:19:39
All right, commissioners, what are your thoughts?
00:19:44
It seems like a very straightforward application.
00:19:46
It's an existing use and an existing, well, it's a new use in an existing building that's already built to host larger events.
Corey Clayborne
Commissioner, Planning Commission / Vice Chair, Planning Commission
00:19:55
I don't know if we need to add this as a condition or if it's already covered in some kind of ordinance or code, but since it's a church building, it's going to be used as a school, perhaps what kind of identifier on those exterior doors in the case of a public emergency that you would typically see at a school, that's something that might need to be considered.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:20:15
Say more about that.
Corey Clayborne
Commissioner, Planning Commission / Vice Chair, Planning Commission
00:20:17
So like when you go to a public school now, or most schools, they'll say like A1 at the door.
00:20:21
So there's a situation, police note coming through door A1.
00:20:25
I see what you mean.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:20:26
I gotcha.
00:20:27
The doors are labeled.
Corey Clayborne
Commissioner, Planning Commission / Vice Chair, Planning Commission
00:20:28
Right.
00:20:29
And since this is a church, not predominantly used for a school, it's something for consideration.
00:20:37
Is that a requirement in COVID as a private school?
Andy Herrick
Deputy County Attorney
00:20:40
Commissioner Clayborne, I suspect that that's covered either by the building code or by the Department of Education.
00:20:46
I'm not sure that's really a land use matter for the planning commission as much as a building code issue or maybe something for the Department of Education to regulate.
Julian Bivins
Commissioner, Planning Commission
00:20:55
It may be outside of our purview.
00:20:57
It is outside of our purview, particularly since the government, the Commonwealth does not regulate private schools.
Corey Clayborne
Commissioner, Planning Commission / Vice Chair, Planning Commission
00:21:03
Yeah, the only reason I brought that up because it says it starts to talk about signage and pavement markings.
00:21:07
So it seems to kind of fall in the same bailiwick.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:21:09
Except that's VDOT, right?
Corey Clayborne
Commissioner, Planning Commission / Vice Chair, Planning Commission
00:21:12
Got you.
00:21:13
Yeah.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:21:14
Okay.
00:21:15
Okay, everyone.
00:21:17
And I don't.
Julian Bivins
Commissioner, Planning Commission
00:21:18
So I would just like to say there's a couple things there.
00:21:21
So I don't see anything about the condition there.
00:21:23
At least my eyes not picking up quickly about the fence.
00:21:28
which I do think there should be, unless we're talking about in general court with the concept plan, the concept plan is the sort of the pencil drawing on that.
00:21:38
So if that's the concept plan, then I guess the fence is there.
00:21:42
And so that would work.
00:21:45
Although I would like the fence to be, to cover more territory.
00:21:51
There's some gaps there.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:21:52
Well, it's hard to tell, yeah, because the words dumpster enclosure are pointing.
00:21:55
It's hard to tell if the fence is going under those words.
00:21:59
And it's just covered by the label.
Julian Bivins
Commissioner, Planning Commission
00:22:01
So I would just like to, on the concept plan, I would just like to put in the record that I think the fence should definitely sort of be inclusive.
00:22:11
So around the dumpster and to that back wall of the building, which is an HVAC thing.
00:22:17
And then I also would like us to perhaps put some language in that, you know, that in conjunction with the, with the church that the person that the school be allowed to have for special events or something in Europe, because right now there's nothing in there.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:22:31
Yeah.
00:22:31
I mean, unless you're trying to restrict your word that there will be a lot of special events and you want to put a restriction on that.
Andy Herrick
Deputy County Attorney
00:22:39
Our Councillor wants to say something about I think the... So as to the fencing requirement, perhaps that could be something that could be added as 1D.
00:22:47
I mean, currently there are three items listed that are major elements within the development essential to the design of the development.
00:22:57
If the commission feels that fencing would be another one that perhaps that could be added as condition D that the fencing is deemed to be an essential element.
00:23:05
Thank you.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:23:07
Yeah, that makes sense.
00:23:10
We want to put it down because it wasn't the narrative, but it isn't actually part of the plan and the line is a bit vague.
SPEAKER_15
00:23:17
Thank you.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:23:19
So do we want to say how wide we want it to be, just what you just said, or just fencing essential element?
Andy Herrick
Deputy County Attorney
00:23:27
Well, as noted, the concept plan, though not terribly specific or dimensional, does show the fencing in the general area.
00:23:35
And it would then be up to the zoning administrator to determine whether or not they were in compliance with the concept plan.
Daniel Bailey
Commissioner, Planning Commission
00:23:41
OK.
00:23:45
Is that one clarification, because do they have by right to have special events that's not listed?
00:23:53
I guess that's what I'm trying to understand there because I see hours of operation and that seems
00:23:58
that any special event would have to happen within that hour or so operation.
00:24:02
And I'm not, I'm actually not against, I actually want to understand flexibility-wise, like you want these kids to have a good school.
00:24:07
If you're asking to have special events, does that need to be provided for in this?
Andy Herrick
Deputy County Attorney
00:24:12
Well, that might require a separate special use permit.
00:24:16
I mean, depending on the size of the special event, because special events is a separate use category.
00:24:22
So it is a great, I mean, I suppose one could make the argument that, you know, graduation ceremony or something like that would be customarily incidental to the use of a school building.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:24:32
Yeah, they have the hours of operation that end at something like, what was it, 3.30 or something?
00:24:38
And so, you know, you could imagine a graduation ceremony being in the afternoon or something in the evening, so
00:24:45
We could say something akin to up to four school related events that may be taking place during evening hours per year, something like that.
Andy Herrick
Deputy County Attorney
00:24:56
That might be an addition to number three.
00:25:02
There might be some additional language at the end of the three provided that there may be up to four school-related events per year outside of these hours or something to that effect.
Daniel Bailey
Commissioner, Planning Commission
00:25:11
So they could have a Saturday morning graduation.
00:25:13
Instead of having them come back, it seems like they've already put on record that they expect to have a certain amount.
00:25:19
Why not make sure that we give them the flexibility?
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:25:21
No, we should because somebody could, unless we do that, someone could complain that their operating hours are only till 3.30 and they're not supposed to be having this graduation thing at 5 o'clock.
Daniel Bailey
Commissioner, Planning Commission
00:25:31
and they have high schoolers so presumably, hopefully, they're graduating people.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:25:36
Yeah, so you could just put a comma at the end of Monday through Friday and say, and up to four events per year that may take place outside of normal school operating hours or something.
SPEAKER_05
00:25:50
Just a question, do we need to actually have a number or can we just use the word ancillary events or events associated with the education?
Andy Herrick
Deputy County Attorney
00:25:59
I would be careful in leaving it totally open.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:26:03
Yeah, the short answer is legally no we don't have to, but it will probably not be a good idea to just have it open.
SPEAKER_05
00:26:09
Okay.
00:26:10
I was even thinking about things like, you know, teacher work hours that extend beyond those times.
00:26:16
I guess the question is hours of operation for the school.
00:26:20
Does that mean the door is locked at 3.30 and everybody's gone?
00:26:23
Or does that mean that that's the end of the education?
00:26:24
Yeah, that's what it would mean.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:26:25
That would mean teachers gone too.
SPEAKER_05
00:26:27
Yeah, so I'm not sure that's really what the applicant would want personally.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:26:33
You can come back up and address the mic if you like.
SPEAKER_13
00:26:43
If it could be changed to 4.30, then there shouldn't be anybody on, except for me, I guess.
00:26:52
I mean, I'm the administrator.
00:26:53
It'd be all right for me to stay there?
00:26:55
My office is there?
00:26:56
Okay.
00:26:58
So that would take care of teachers.
00:27:00
I don't mind kicking them out at 4.30.
00:27:04
But you are correct.
00:27:05
I think 3.30 would be a little tight if some student needs some extra tutoring or something like that.
00:27:11
We wouldn't hold
00:27:16
I think that would resolve all the issues.
SPEAKER_05
00:27:20
And if I could, while you're up there too, does four events, special events sound right?
SPEAKER_13
00:27:26
I think that would be perfectly fine.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:27:30
If you're worried, you can make it six.
SPEAKER_13
00:27:33
We can also use our other campus, so it's not like we would have nowhere that we could go.
SPEAKER_01
00:27:42
All right, so for you enough and... Well, just a point of clarification for my own benefit.
00:27:48
So it says that the hours of operation for the school, 7.30, 3.30.
00:27:52
So really if they're doing any kind of tutoring or somebody's staying out, those hours have to be, they would be out of compliance?
00:28:02
Correct.
00:28:02
Really?
SPEAKER_15
00:28:03
Yeah, that was my question.
00:28:05
Okay, so we have
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:28:12
The condition that we'd like to add.
00:28:15
Do you want to add something?
Corey Clayborne
Commissioner, Planning Commission / Vice Chair, Planning Commission
00:28:17
I'm ready.
00:28:18
I was just taking notes.
00:28:19
Yeah.
00:28:19
OK.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:28:20
Would you like to make a motion?
Corey Clayborne
Commissioner, Planning Commission / Vice Chair, Planning Commission
00:28:23
Yes.
00:28:25
If our awesome staff could pull up the motion.
00:28:29
Oh, here it is.
00:28:30
Staff recommends.
00:28:30
Sorry.
00:28:34
I move to recommend approval of SP 2022-00005 Community Christian Academy at Riverstone Church with conditions as recommended in the staff report and with the following other additions.
00:28:48
I believe let's do number one, then add letter D regarding fencing that's shown on the concept plan to be demonstrated in a way that is adequate to
00:29:01
provides safety for the children.
00:29:03
I think we gave two points.
00:29:06
One was the end of the dumpster enclosure to the end of the existing building.
00:29:11
And then to modify number three to have the hours of operation go from 7.30am to 4.30pm.
00:29:20
And to also allow up to four events outside of these hours for incidental uses to the school.
00:29:29
So
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:29:32
Is there a second?
00:29:37
Seconded by Daniel.
00:29:39
Is there any discussion about this?
00:29:42
No further discussion was requested, so we'll go ahead and call the vote.
SPEAKER_12
00:29:48
Mr. Bailey?
00:29:49
Aye.
00:29:51
Mr. Carrazana?
SPEAKER_03
00:29:52
Aye.
SPEAKER_12
00:29:54
Ms.
00:29:54
Firehock?
00:29:55
Aye.
00:29:56
Mr. Missel?
SPEAKER_03
00:29:57
Aye.
SPEAKER_12
00:29:58
Mr. Murray?
00:29:59
Aye.
00:30:00
Mr. Clairborne?
SPEAKER_05
00:30:02
Aye.
SPEAKER_12
00:30:03
And Mr. Bivens?
00:30:04
Aye.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:30:06
Okay, great.
00:30:07
So you have a unanimous recommendation from the Planning Commission with conditions.
00:30:12
This will now move forward to the Board of Supervisors at a time to be determined and they will make the final decision.
00:30:18
Thank you.
00:30:19
All right.
00:30:21
We'll now move on to the next item.
00:30:24
ZMA-2022-40-3, Fertiweck, I don't know how to say that, Fertiweck deal rezoning.
SPEAKER_02
00:30:35
We have the staff report.
Kevin McCollum
Senior Planner
00:30:47
Good evening Chair Firehock and commissioners.
00:30:50
Once again, my name is Kevin McCollum and I'm a senior planner with the planning division of Albemarle County Community Development.
00:30:56
Tonight I will be giving staff's presentation on zoning map amendment application number ZMA-20223 Ferdywick deal rezoning.
00:31:07
This is a proposed rezoning of a two acre rural areas parcel to R2 residential.
00:31:16
The subject property of this rezoning application is located just south of the city of Charlottesville and the Interstate 64 and 5th Street intersection is located on Old Lynchburg Road.
00:31:30
The parcel is located at 954 Old Lynchburg Road.
00:31:34
It is two acres in a zone rural areas.
00:31:37
The property is generally wooded with one single family detached house with an accessory garage.
00:31:43
The nearby neighborhoods include the Whittington subdivision that is directly abutting the property and the Mosby Mountain subdivision which is just north along Old Lynchburg Road.
00:31:53
There is one other abutting two-acre rural areas parcel and across the street is property that is part of Biscuit Run Park.
00:32:04
As I mentioned, the existing zoning of the property is rural areas which can be seen in white on the map.
00:32:09
The adjacent parcel at 90-3B and the Biscuit Run Park property across the street are also zoned rural areas.
00:32:16
The greenish color that takes up the majority of the map is the Whittington subdivision, which is unplanned residential development.
00:32:23
The light green you can see on the screen just to the north and south along Old Lynchburg Road is R1 residential.
00:32:31
The applicant is requesting to rezone the property from RA rural areas to R2 residential.
00:32:40
The applicant intends to subdivide the property into two one-acre lots for a total of two dwelling units on the two acres, a proposed density of one dwelling unit per acre.
00:32:50
The conceptual plan on the screen was provided by the applicant and shows a potential subdivision of this property that could follow this rezoning.
00:32:59
The applicant intends to keep the existing house at 954 Old Lynchburg Road and add one additional dwelling unit.
00:33:06
The applicant is offered to proffer the development of the site to two single-family dwelling units.
00:33:14
Subject property is located within neighborhood five of the Southern and Western Neighborhoods Master Plan.
00:33:20
The future land use is designated as neighborhood density residential, which calls for residential uses at a density of three to six dwelling units per acre.
00:33:28
While the proposed rezoning suggests a density of one dwelling unit per acre, staff believes this is appropriate given the existing density of those existing neighborhoods.
00:33:37
Whittington and Mosey Mountain are within the same land use category, but are also closer to one dwelling unit per acre or below.
00:33:48
Next, we have the factors favorable.
00:33:49
This rezoning request will have minimal impacts on neighboring properties and public facilities and services.
00:33:56
The request is consistent with the county's growth management policy, and this rezoning request is consistent with the recommendations of the Southern and Western Neighborhoods Master Plan.
00:34:06
There are no factors unfavorable at this time.
00:34:12
And on the screen here, staff's recommendations.
00:34:14
Staff recommends approval of zoning map amendment requests ZMA 2022 Ferdywick deal rezoning.
00:34:23
And with that, do you all have any questions?
SPEAKER_03
00:34:27
I have a question.
00:34:28
The maps I look at, there's a stream clearly visible there, but there was no stream buffer delineated.
00:34:34
Could you show where the stream buffer would fall in relation to that property?
Kevin McCollum
Senior Planner
00:34:42
This map comes from our GIS.
00:34:45
This doesn't have the critical resources layer turned on, but there are no critical resources identified at this time.
SPEAKER_03
00:34:52
So it looks like it would become less than 100 feet from that.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:34:59
Well, the structure is the second.
00:35:02
It's 376 feet.
00:35:05
You're saying it's less than 100.
00:35:07
They're not necessarily building their house in the top of the triangle.
00:35:11
Their structure would still be limited to being outside of the buffer, but they still would have 100 feet from the stream edge to still get a structure there.
SPEAKER_03
00:35:20
It was hard to see how many feet it was.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:35:21
Yeah, there's really down there in the corner.
00:35:23
You see that like rectangle?
00:35:25
I know it's kind of hard to see in the words, but yeah, that's the scale.
SPEAKER_02
00:35:33
It would have been helpful to have the buffer.
SPEAKER_05
00:35:39
I just have one easy question.
00:35:41
Will the setbacks be the same, I guess, as the there'll be R2 setbacks, right?
00:35:45
That's a side yards.
00:35:46
Do you remind me what a side yard setback is for R2?
Kevin McCollum
Senior Planner
00:35:49
In the R2 zoning district, the side setback is five feet.
00:35:52
Okay, gotcha.
00:35:53
Got it.
SPEAKER_05
00:35:54
Thank you.
00:35:55
Okay.
SPEAKER_10
00:35:57
All right.
00:35:59
And perhaps this perhaps this question is for counsel.
Julian Bivins
Commissioner, Planning Commission
00:36:05
If it is approved to go from RA to R2, doesn't that say by definition that we're saying that there can only be one dwelling per acre if that happens?
SPEAKER_15
00:36:18
R2 generally defaults to two dwelling units per acre.
00:36:24
OK.
SPEAKER_10
00:36:26
Now, thank you.
00:36:27
And that makes sense.
00:36:29
Now the proffer makes perfectly good sense.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:36:32
OK.
00:36:32
Are there any other questions?
00:36:36
Okay, I understand that we're not having a presentation from the applicant, but if anyone would like to ask the applicant direct questions, now would be the time.
00:36:43
Yeah, and I know it's in my district, but I don't have any questions.
00:36:49
It's pretty straightforward.
00:36:51
So with that, we'll move on to the public comment.
00:36:55
Does anyone from the public wish to comment on this item?
00:37:01
There's barely anyone in the room, so no.
00:37:04
Is there anyone online who are just waiting to comment on this item?
00:37:07
No, there's no one online, so.
00:37:10
Pardon?
00:37:11
Okay, sorry, it's hard to hear.
00:37:13
All right, so with that, we will move back to discussion.
00:37:19
So it's a pretty straightforward application.
00:37:22
The density that they're requesting, while not as high as the comp plan, is in keeping with the density of surrounding property.
00:37:29
So it doesn't seem to be adding any difficulty in terms of impacts to the neighborhood.
SPEAKER_10
00:37:38
And in fact, Chair, if they're going to put one house on an acre over there, that's actually
Julian Bivins
Commissioner, Planning Commission
00:37:43
In some cases, larger, a larger parcel than what's around them in Whittington, because all the houses in Whittington are not all money.
Daniel Bailey
Commissioner, Planning Commission
00:37:53
Okay, not all of them, but there are several that even above one acre.
00:37:56
But it's a mismatch.
00:37:59
And the R2 designation would allow for closer to the comp plan, as I said.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:38:04
Yeah, that's true.
00:38:04
It's moving towards the comp plan.
00:38:07
But infill is a good thing, I think, in this case.
00:38:10
So if there's no other discussion, I'll be comfortable to make a motion if we can put it back up on the screen.
00:38:17
Thank you.
00:38:19
All right, so I move that the Planning Commission recommend approval of ZMA 202200003.
00:38:25
Pretty weak deal, resigning with the proposed proffers for the reasons stated in the staff report.
00:38:33
Is there a second?
SPEAKER_05
00:38:34
Second.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:38:35
OK, a second from my neighbor in the Scottsville District.
00:38:39
All right, with that, any discussion?
00:38:43
There being none, can we call the roll, please?
00:38:46
I mean the vote.
SPEAKER_12
00:38:47
Mr. Bailey?
SPEAKER_01
00:38:49
Aye.
SPEAKER_12
00:38:50
Mr. Carrazana.
SPEAKER_01
00:38:51
Aye.
SPEAKER_12
00:38:52
Ms.
00:38:53
Firehock.
00:38:54
Aye.
00:38:54
Mr. Missel.
SPEAKER_03
00:38:55
Aye.
SPEAKER_12
00:38:56
Mr. Murray.
SPEAKER_03
00:38:57
Aye.
SPEAKER_12
00:38:58
Mr. Clayborne.
SPEAKER_03
00:38:59
Aye.
SPEAKER_12
00:39:00
And Mr. Bivins.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:39:02
Aye.
00:39:03
All right, the motion passes unanimously.
00:39:05
This will now go to the Board of Supervisors at a time to be determined, and they will make the final decision.
00:39:10
But good luck.
00:39:12
All right, thanks.
00:39:13
I feel you don't have to wait for us to end the meeting if you need to get on to your home lines.
00:39:19
All right, so with that, do we have any committee reports from the commissioners?
SPEAKER_02
00:39:26
Anyone have any meetings?
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:39:29
Okay, the Historic Preservation Committee, I'll make a quick report, did meet, they've been undergoing an interesting exercise.
00:39:37
This is my first meeting since getting to be on that committee.
00:39:42
So they have been looking at what other similar localities, other counties have in place in terms of historic preservation ordinances.
00:39:55
So they are looking into that question of whether or not Albemarle would sometime in the future have an ordinance protecting historic properties.
00:40:04
But I think they're going about it in an interesting way, which is investigating what other people have in place and why, and what is the history behind why they have what they have.
00:40:15
So I'm excited to dig into that.
00:40:17
And I volunteered to get some homework assignments
00:40:20
So I would look up some.
00:40:22
I haven't got my homework yet from our historic planner, but it's a good process.
00:40:29
And they're also mentioned the fact that the
00:40:34
The strategic plan for that body has not been updated in quite some time, more than a decade, and it's quite behind.
00:40:41
So they would like when we do get to the comprehensive plan that we make a recommendation to update that strategic plan.
00:40:49
And then hopefully by the time we get to that section of the comp plan, they will finish some of this other research, which I think will be germane to perhaps updating our historic preservation chapter.
00:40:59
So we had a very rich discussion about how
00:41:03
The Planning Commission considers historic properties and what we can and cannot do and also we talked a little bit about incentives because there's other ways to get historic properties preserved beyond rules.
00:41:15
So anyway, we look forward to digging in with that committee.
SPEAKER_01
00:41:20
Just a thought.
00:41:20
Is there
00:41:23
Does the committee have some connection with DHR or would they like a contact?
00:41:28
We can probably send you some information.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:41:30
I'm sure they do.
00:41:31
And they have several folks on the committee who are historic preservation appraisers professionals in that field and one of the things that they do for us.
00:41:41
is when there is a property that has historic property while the owner is not required to maintain it.
00:41:46
If it's significant, an important property, then they will go out and investigate it and document it.
00:41:55
But at this point, that's all we can really do is document something before it's removed.
00:42:00
That's the question, the large question for the county is,
00:42:05
It's sort of a process of documenting disappearance of properties.
00:42:10
And we'd like to move into a more progressive practice of inspiring retention.
00:42:15
There have been some properties, believe me, where in working with the landowner and inspiring them, they have decided to restore it.
00:42:22
And there's some great examples here in our county of people who decided, you know what, I'm going to restore this.
00:42:28
I'm going to actually bring it back.
00:42:31
So and when I was on the committee before several years ago, we actually got to tour some of those properties.
00:42:37
So, yeah, so they're doing some good work, but I think that it's it's there's much more work to be done.
00:42:45
So I look forward to bringing you guys updates on what they're doing and and helping them with that.
00:42:50
So hopefully a much closer relationship may be between their work and the Planning Commission's work in the future.
00:42:58
Okay, so that's my report.
00:43:00
Our CAC met.
00:43:02
My mind is completely numb.
00:43:06
I don't remember what we talked about, so I have to write something in writing.
00:43:10
It was a whole week ago.
00:43:12
All right, so now that I've embarrassed myself, anything else anyone wants to bring up under old or new business?
00:43:19
Okay, we have the review of the Board of Supervisors meeting.
00:43:21
I went a little bit out of order.
00:43:23
Mr. Rapp, do you have a report for us?
Chuck Rapp
Deputy Director of Community Development (Operations)
00:43:26
On the 15th the board met.
00:43:28
We had a work session in the afternoon talked about the ACE committee, which has been in existence for nearly 20 years now and it's a good time we're going to pause it as we are going to assess the program we outlined our approach to assessing and folding that into the comprehensive plan when we get into some of the
00:43:45
conservation elements.
00:43:46
At this point, we have a climate action plan, a biodiversity action plan.
00:43:50
We have the ACE program.
00:43:52
We've got the new stream health initiatives that were endorsed by the board last year.
00:43:57
So we've got a lot of things that have a lot of similarities, and we think there might be a way to kind of re-envision those into something new.
00:44:04
So we're looking forward to getting into that process with the commission, with some of the committees that are involved in that work later next year.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:44:11
I am sorry, are you suggesting something like an environmental committee under which fell ace and stream health and something else or?
Chuck Rapp
Deputy Director of Community Development (Operations)
00:44:21
At this point, I don't know, we would obviously want to involve a lot of folks that are more dialed into those.
00:44:26
But right now, yeah, we do have separate committees for each one.
00:44:30
And they often have overlapping goals.
00:44:32
And so we see some some potential there to really kind of realign those maybe so.
00:44:36
That's really as far as we've taken it.
00:44:38
We just identified that that'll be some fun work in the future here.
00:44:42
Then in the evening, we had a public hearing with the Albemarle Business Campus.
00:44:47
The board did approve that amendment to the rezoning for the modifications to the rear building and the parking structure.
00:44:55
It went smoothly there.
SPEAKER_02
00:44:57
All right.
00:45:01
So there was no old business, no business.
00:45:03
Any other items for follow-up?
00:45:06
Okay.
Karen Firehock
Commissioner, Planning Commission / Chair, Planning Commission
00:45:07
All right.
00:45:08
So with that, I will adjourn this meeting of the Albemarle Planning Commission to Tuesday, July the 12th, 2022.
00:45:15
Have a fabulous 4th of July.
SPEAKER_15
00:45:17
Happy Canada Day.