HomeMy WebLinkAbout03 22 77 PC Minutes158
March 22, 1977
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The Albemarle County Planning Commission conducted a meeting on Tuesday,
March 22, 1977, 7:30 p.m., Board Room, County Office Building, Charlottesville,
Virginia, to consider a series of site plans and subdivision plats. Those members
present were Mr. Paul Peatross; Mr. Roy Barksdale; Col. William Washington; Dr.
James Moore; Mr. Leslie Jones; Mrs. Joan Graves; and Mrs. Opal David, ex-Officio.
Other officials present were Mr. Ron Keeler, Assistant Director of Planning;
Mrs. Mary Joy Scala, Senior Planner; Mr. Carlos Montenegro, Planner; Mr. Frederick
Payne, Deputy County Attorney; and Mr. Benjamin Dick, Zoning Administrator.
Absent were Mr. David Carr, Chairman; Mr. Peter Easter, Vice -Chairman; and Mr. Kurt
Gloeckner.
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In the absence of the chairman and vice-chairman, Mr. Barksdale presided
at the meeting.
Mr. Barksdale called the meeting to order, after establishing that a quroum
was present.
MINUTES: The chairman approved the minutes of February 1, 1977, as submitted.
Minutes of February 22, 1977, were approved subject to the corrections of Mrs. Graves
and Col. Washington. The chairman approved the minutes of March 8, 1977, as submitted.
GOLDEN SKILLET SITE PLAN:
Mr. Montenegro presented the staff report, informining the Commission that the
property is located in Albemarle Square Shopping Center, near the entrance from Rio
Road. The B-1 zoned property is an amendment to the Albemarle Square Site Plan,
and this is a proposal to locate a restaurant 1,500 square feet in floor area with
twenty-eight parking spaces on a site adjacent to the existing Safeway grocery store.
The staff recommended the following conditions of approval:
1. Highway Department approval;
2. Grading Permit.
He further noted that both entrances are two-way entrances.
Dr. Moore stated that he had been under the impression that this was to
be held up until other conditions and problems were corrected in Albemarle Square
and until the site plan for the shopping center is complied with.
Mr. Montenegro stated that the Zoning Administrator has taken care of this
and that he will later address the matter to the Commission.
Mr. Buddy Edwards stated that all the conditions that have been called for
in the matter of corrective measures have been taken care of.
Mr. Eugene Powell stated that he was not there to oppose Gold Skillet, however
he did want the problems with water from the entire site taken care of. He said that
he is concerned about the water that is running onto his property and asked that
this site plan be deferred until the matter has been taken care of. He explained the
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conditions in the area to the Commission.
Mr. Peatross asked if there is any surface run-off from this particular
site ( Golden Skillet ) which would affect Mr.. Powell's property.
Mr. Montenegro stated that all the water from the Albemarle Square Shopping .140/
Center is channelized toward Mr. Powell's property, however he did not feel this
would cause any more of a problem than what already exists.
Mr. Peatross asked if this property would drain to a catch basin which
in turn would drain through the main pipe or any channel going directly toward
Mr. Powell's property.
Mr. Buddy Edwards stated that this particular site would cause no additional
problems.
Mrs. Graves asked if the Best Products expansion would be an amendment to
the site plan for Albemarle Square Shopping Center. She said that she sympathized
with the residents of Woodbrook about this problem, however noted she did not feel
Golden Skillet would have any direct affect on Mr. Powell's property. She said she
wished to go on record as not supporting any amendments on the end of Best Products
until the problems that have been addressed have been corrected. She did not feel
it fair to delay Golden Skillet, though.
Mr. Ben Dick, Zoning Administrator, stated that he had met with the representative
of the contractor, along with Mr. Tom Sinclair, on the site to see what could be done
to rectify the problems. ( Refer to the attached sheets.) He said that as far as
the run-off is concerned, a berm has been designed to divert water from Mr.
Powell's property and the stream bed has been. abandoned. He said that he feels as
though the contractor has complied with the regulations of the County and feels the
site plan is in compliance with the ordinance.
Mr. Peatross complimented the contractor on correcting these problems so
rapidly.
Mr. Powell said that he is not happy with the situation yet, and feels this
site plan should be deferred until everything has been corrected. He said that the
only time he gets any cooperation is when he comes to the Commission meetings and
complains.
Dr. Moore asked what is difficient.
Mr. Powell said the ditch is still a problem as well as the rerouting of the water
Mr. Dick explained that the entire site work for Albemarle Square has not been
completed and that a bond of over $30,000 has been posted with the County in good faith.
Work on this has been in process since August, 1976, and the contractor has cooperated
with the county in every way possible.
Mr. Peatross asked when the water will be diverted to the proper place.
Mr. Dick replied " As soon as possible."
Mr. Peatross suggested putting this buck on the agenda in two-four weeks
to check the status.
Mr. Tom Sinclair informed the Commission that there is now less
water
on Mr. Powell's property than has ever been there, and that 90% has been diverted from
the stream bed.
MOU
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(fonit�uuchon Coptlio"tation
GRADING CONTRACTOR
P. O. Yox 7405
CHARLOTTESVILLE, VIRGINIA 22906
March 22, 1977
Phone 295-2565
Re: Meeting of March 17, 1977 - 9:00 A.M. - Albemarle Square
Shopping Center
To Whom It May Concern:
Those in attendance of the said meeting:
Benjamin Dick and Robert Mowbrey of the Albemarle County
Zoning Dept., Tommy Sinclair_ of Huffman Engineering and
Associates, Jerry Greims and Tony Thompson of Albemarle
Construction Corporation..
Problems discussed:
Cleaning out silt pond, grassing sewer line ditches,
loom seeding Mr. Powell's back yard, removing brush pile,
and placing rip -rap in storm water ditch where off -
site utility work was done.
As per this discussion, work begun at 10:00 A.M. on March 17,
1977.
The following manpower, materials and equipment was brought
in to accomplish this:
March 17, 1977 - 1- Motor Grader
2- Loaders
3- Tandum dumps
1- Crawler backhoe
1- International 444 Tractor
1- 1 ton 10-10-10- Fertilizer
150 lbs. Kentucky-31Fescue Seed
100 lbs. Gurley Seed
5 lbs. Ground & Yard Seed
200 lbs. Lime
8- Men
Cont.- 3/.17%77- Albe. Sq. Shoppinter Center
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March 18, 1977 - 2- Loaders
1- Crawler Backhoe
1- International 444 Tractor
3- Tandem Dumps
8- Men
David E. Dean
Albemarle Construction Corp.
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of ALE31411
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ZONING DEPARTMENT
414 EAST MARKET STREET
CHARLOTTESVILLE, VIRGINIA 22901
J. Benjamin Dick
MEMORANDUM ZONING ADMINISTRATOR
TO: Robert W. Tucker, Jr., Director of Planning
Albemarle Square File
FROM: J. Benjamin Dick, Zoning Administrator ).,fi3�__>
SUBJECT: Site Plan Requirements near Woodbrook;
Mr. Powell's Complaint
DATE: March 17, 1977
The Zoning Administrator met with Mr. Heischman's representative,
Jerry Grimes (Project Foreman) and Tom Sinclair, from Aubrey Huff -
mans and Associates, at the site. The site plan requirements were
*%we reviewed as they pertained to cleaning up and smoothing out soil
disturbing activities behind and along side of Albemarle Square
(northerly direction). The following actions were agreed upon.
I.
1) The area would be regraded, fertilized, seeded and mulched
per site plan requirement.
2) Mr. Grimes volunteered to rake, seed, fertilize, and mulch
Mr. Powell's yard. The Zoning Administrator left that decision
to be worked out by Mr. Grimes.
3) To berm the land adjoining Mr. Powell's land in order to divert
the upper hill flow of water away from Mr. Powell's land to the
man-made diversion ditch.
4) To rip -rap the area below a state storm pipe in which a pool
of water was collecting. This pool has apparently been there
well before Albemarle Square site construction, but Mr. Grimes
said he would fill it in with left over rock.
5) The silt basin was to be cleaned up and reinforced. Best
Products plans to expand and therefore the silt basin ought
to be retained for silt and sedimentation control.
6) The debris, trash, and brush would be removed and hauled away.
Mr. Robert W. Tucker, Jr.
March 17, 1977
Page Two
144
7) Mr. Grimes volunteered his cooperation at any future time to
work with the county on correcting, any problems or meeting
any requirements of site plan at the Zoning Administrator's
request or by other appropriate authority.
8) Mr. Grimes stated that he had volunteered to fill the old
creek bed on Mr. Powell's property. (The water running to
that creek bed has been diverted in order to prevent flooding
of Mr. Powell's property. This was done at Mr. Powell's
request and upon engineering recommendations). Mr. Powell
told Mr. Grimes that tie preferred Mr. Grimes not fill the
ditch. Mr. Ashley Williams, Assistant County Engineer,
verified that conversation between Mr. Grimes and Mr. Powell.
The Zoning Administrator shall inspect the site for compliance
and report back by memorandum.
JBD:TMcl
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ZONING DEPARTMENT
414 EAST MARKET STREET
CHARLOTTESVILLE, VIRGINIA 22901
J. BeU* amin Dick
ZONING AD INISTRATOR
MEMORANDUM
TO: Robert W. Tucker, Jr., Director of Planning
FROM: J. Benjamin Dick, Zoning Administrator
SUBJECT: Site Plan Requirements of Albemarle Square;
Compliance (Reference March 17, 1977 Memo on Same Subject)
DATE: March 18, 1977
The Zoning Administrator inspected the site for compliance
with the actions agreed upon March 17, 1977. All actions agreed
upon were complied with although it appeared that a minor mis-
understanding had occurred with respect to action number 3. The
berm was constructed to direct run-off water into the old creek
bed. The Zoning Administrator had understood that the berm would
be constructed so as to direct run-off water_ to the diversion ditch.
Mr. Grimes was not present at the'time of the inspection to discuss
the matter. Other than this matter, Mr. Grimes has done an excellent
job.
Mr. Powell called the Zoning Administrator twice at his home
and complained about Mr. Grimes' work in his yard, the work in the
area and at the silt basin, and the berm being constructed to direct
run-off to the old creek bed. The Zoning Administrator stated the
yard work complaint was between him and Mr. Grimes, The silt basin
was still needed and at this stage satisfactory and that the berm
needed more work. The Zoning Administrator stated the over all job
work by Mr. Grimes' men had been performed according to site plan
and that a great improvement had been made.
JBD:tMcI
140
Mr. Dick asked that all the information he had read to the Commission be
put into the record.
Mr. Peatross moved approval of the Golden Skillet Site Plan subject to
the conditions recommended by the staff, and asked that the Zoning Administrator
report back to the Commission on the status of the water diversion in the next
two-four weeks.
Mrs. Graves seconded the motion.
Discussion:
Dr. Moore stated that he disagrees in general, since this is a modification
of the general site plan. However, he said that he would support the motion in view
of the fact that the Zoning Administrator will soon report back to the Commission that
the conditions regarding water diversion have been complied with.
The motion to approve subject to the two conditions carried unanimously.
WEST WOODS FINAL PLAT - Clarification of conditions of approval:
Mrs. Scala told the Commission that when this plat was approved February 15,
1977, there were two conditions which evidently the applicant did not understand.
1. Not more than 4 lots to be served by individual wells ( not including the 4 lots
owned by Double C Corporation );
2. County Engineer approval of the dam.
She asked that these two conditions be clarified for the staff. Mrs. Scala
explained that when the County Engineer had reviewed the dam, he had approved it as
a sedimentation basin, not a dam. Also she stated that the plat cannot be signed
until State Health Department approval has been given to the central well, or until
the staff knows the intent of the Commission ( if it really meant that individual wells
are all right ). Mrs. Scala reminded the Commission that normally two -acre lots
have individual wells and septic systems, however, there has been a problem with
water and septic fields in the area and this was the reason for the central well
approval, or so the staff had thought.
Mrs. Graves asked if there were any fire hydrants that were to be supplied by
the central well.
Mrs. Scala said there were not.
Mr. Peatross said that unless there is some hardship, he feels the condition
addressing the central well would stick.
Mrs. Scala felt that there should be something in the deed restrictions stating
that the County is not responsible for the dam.
Mr. Payne felt that this would be a good idea.
Mrs. Graves questioned giving up Engineering approval of the dams.
Mrs. Scala said that if the Commission wants the Engineer to review all dams
in subdivisions, the Commission should be aware of what it is up against and then
be consistent about this.
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Mrs. Graves stated that it is always required in RPN's and PUD's.
Mr. Barksdale stated that if the Commission gives relief on the condition
for the dam, the applicant must submit a revised plat omitting the word "lake."
Mrs. Graves questioned if there were not comment from Blue Ridge Pool on
this lake.
Mrs. Scala said that the condition regarding Blue Ridge Pool had been the
Commission's strong concern abouts lots 32-40, when the Health Department reviewed
the plat.
Mr. Peatross made a motion that the Commission make no modification on the
condition of the central well - that this stand as originally approved by the Commission;
that relief from condition on County Engineer's approval of the dam be given, and that
a revised plat be submitted changing the word "lake" to "sediment basin".
Mr. Jones amended the motion to include notice to adjacent owners of these
changes. Mr. Peatross accepted the amendment. Mr. Jones then seconded the motion.
The motion carried by a vote of 5-1, with Mrs. Graves dissenting.
THURSTON FINAL PLAT:
Mr. Montenegro stated that the applicant is requesting that his application
be deferred once again, in order that he may develop a better plan. He said that
the applicant wishes to get the Commission's opinions on the proposal he will be
presenting at the next hearing of this item. 14w/
Mr. Boggs explained the plan, stating that this shows all streams with a 200'
buffer. Because this is one of a series of applications, he asked that this be
given approval, with the final approval to be given by the staff. He said that the
items that have to be addressed yet are merely administrative, such as approval from
the State Water Control Board.
Mr. Payne advised the Commission that. it does not have the authority to
give the staff power to administratively approve. He also noted that this plat
does not satisfy the requirements of the subdivision ordinance for a plat.
Mr. Jones questioned the number of joint entrances.
Mr. Montenegro stated that as many as can be done have bees_ done. He also
pointed out that the plat does not have all the requirements a final plat has.
Mr. Keeler stated that there are some waivers that need to be addressed that
the staff could hesitate to grant. He suggested that this be approved as a preliminary
plat and that the final plat be presented at the April 5 meeting.
Mr. Boggs told the Commission that it is planned that the first three lots
be submitted for administrative approval; then he showed the three pipestem waivers
that would be needed.
Mrs. Graves stated that the Commission was going to require extra
dedication along the lots on Route 810, and if these are to be approved administratively,
she wants the staff to make sure the extra dedication is required.
IL_
Mr. Barksdale said that the Commission wants to make sure that the
75' setbacks are met from the rights -of -way.
Mr. Montenegro suggested that if this is to be considered as a preliminary
plat, the final conditions should be placed on this preliminary:
1. State Health Department approval prior to final approval;
2. Albemarle County Service Authority statement of availability of public water;
3. Corner lots must enter off interior streets;
4. Waiver of length of cul-de-sac;
5. Must have a 75 foot setback from all rights -of -way;
6. Note be added to plat stating "No further division without Planning Commission
approval."
Mr. Peatross moved that this preliminary plat be approved subject to the
six conditions recommended by the staff.
Col. Washington seconded the motion, which carried unanimously.
JARMAN GAP ESTATES FINAL PLAT:
Mrs. Scala presented the staff report, reading the letter from the Highway
Department. She stated that this is a proposal for fourteen 2-acre lots with individual
well and septic systems on property that is zoned A-1 Agricultural. The property is
located on the north side of Route 691 in Crozet. She stated that a preliminary plat
\4we was approved by the Commission on December 14, 1976. The recommended conditions of
approval for the final plat are as follows:
1. Waiver of frontage granted on Lot 14;
2. Entrances subject to Virginia Department of Highways approval.
Mr. Jones questioned the small amount of frontage for lot 14.
Mr. Barksdale said that both he and Col. Washington are familiar with the
property and this is a good use of the land, because of the lay of the land and the
good building site at the rear of the property.
Col. Washington said that he feels the waiver of the frontage is reasonable
in this case because of the terrain.
Mr. Singleton, representing the applicant, stated that the conditions set forth
by the Highway Department are reasonable.
Mr. Monty Wood, an adjoining property owner on Route 691, was concerned about
the subdivision because of the conditions of the road. He suggested that some sort
of interior street across the back, or a road parallel to Route 6911be required in
order to minimize the number of entrances onto Route 691.
Mr. Barksdale explained that unless a road is very dangerous, the Commission
cannot create lots with double frontage to be served by an interior road. Furthermore,
in this case there is inadequate acreage for such a road at the rear of the property.
He said that this very matter had been discussed at the preliminary plat stage.
Mr. Wood said that what he is really suggesting is a self-contained subdivision.
169
Col. Washington said that he assumes that sometime in the future this
road will be widened and straightened. He said that if the entrances are to
be on the crest of the knolls he suggested the joint entrances should now be
sloped into the hillside to anticipate the road widening. He moved approval
of the plat subject to the two conditions recommended by the staff.
Dr. Moore seconded the motion, which carried unanimously, with no further
discussion.
JOHN AND PAGE FLINN FINAL PLAT:
Mrs. Scala presented the staff report, noting that the A-1 zoned property
is located on the southwest sic
me of Route 601 in Free Union. This is a proposal to
divide one 12-acre parcel and, extension of existing 50' easement to serve the
parcel. The purpose is to sell the 12-acre parcel. The staff stated that the proposed
division is on an existing farm road which has apparently been replaced by a new
road.
The following conditions of approval were recommended by the staff:
1. Note on Plat: "No further division along this easement without Planning
Commission approval."
2. Health Department approval;
3. Highway Department approval;
4. Indicate residue acreage.
Mr. Peatross asked if the old farm road has been improved. Mrs. Scala
replied that it has not been improved.
Mrs. Graves asked if the property is subject to a special use permit.
Mrs. Scala responded that the special permit is not involved in this subdivision.
Mr. Barrick, representing the owner, stated that the 12-acre piJ7ctd be
used for a residence.
There was no public comment on the plat.
Mr. Jones moved approval of the plat subject to the four conditions recommended
by the staff.
Mr. Peatross seconded the motion, which carried unanimously, with no discussion.
ROBERT L. AND VONDA SNOW FINAL PLAT:
Mrs. Scala told the Commission that this is proposed division of one 10-acre
parcel, leaving the 52.50-acre residue on the existing 25 foot access easement. The
easement presently serves this 62.5 acre parcel, and two other large parcels. The
property is located at the end of Route 623 near Boyd Tavern. The applicant wishes
to construct his residence on the 10-acre parcel. The approval of this plat is
needed in order to obtain financing. There is a note on the plat regarding no
further subdivision, and the flood plain limits have been shown.
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Mrs. Graves asked if this means a commercial entrance will be necessary.
Mrs. Scala told her that the Highway Department has no problem with the road and
feels it is not affected by the subdivision.
Mr. Peatross asked if the easement serves the residue.
Mrs. Scala said that it will serve the 52.50 acres and the 10 acres.
Mrs. Graves asked if the special permit for the airport is on this 10 acres.
Mr. Snow stated that it is not.
Mr. Jones moved approval of the plat as submitted.
Dr. Moore seconded the motion, which carried unanimously, with no discussion.
MONTICELLO HOME BUILDERS PRELIMINARY PLAT:
Mrs. Scala presented the staff report, noting that the A-1 zoned property
is located on the north side of Route 22 near Cobham. The proposal is a division
of one 3-acre.parcel leaving a residue of 17.5 acres. The property will be served
by an existing 50' right-of-way ( easement ). There has been considerable subdivision
of lots along this easement, most of which have not required subdivision approval.
She stated that the tax map shows 17 lots. The Highway Department is requiring
a commercial entrance at Route 22. The Commission approved a subdivision of two 2-acre
lots on this easement in March, 1974. Staff suggested that the plat be deferred in
order that the applicant can meet with the Highway Department to see exactly what
is required for a commercial entrance. She stated that any approval of the plat should
be subject to:
1. Health Department approval;
2. Highway Department approval.
Col. Washington stated that since the applicant does not control the
entrance at Route 22 he has a real problem.
Mr. Jones moved action be deferred in order to permit the applicant to meet
with the Highway Department.
Dr. Moore seconded the motion, which carried unanimously, with no discussion.
ERNEST R. SNODDY FINAL PLAT:
Mrs. Scala informed the Commission that this is a proposed division of two
existing 3.5-acre parcels into three 2-acre parcels, zoned A-1, and located on the
west side of Route 20 South near Wood Store. The purpose of the division is for the
sale of lots. The staff noted that the existing lots were divided in 1967. There is
an existing home of the applicant on Lot 3. The existing lot is non -conforming in that
the lot width is only 95 feet where the house is built. The proposed division will
increase this lot width to 135 feet, which is an improvement, but it remains less than
the required 150 feet. The new lots 1 and 2 will be served by a joint driveway
easement over two 25' pipestems. Regarding the non -conformity of the existing lot,
the Subdivision Ordinances states taht if a resubdivision of non -conforming lots
constitutes a more effective use of the property, then it shall not be denied for
�7I
failure to comply. Although the lot width is improved, staff questions whether this is a
more effective division. A variance is not required.
Any approval of the plat should be subject to the following conditions:
1. Health Department approval;
2. Virginia Department of Highways approval;
3. Waiver of frontage;
4. Waiver of irregular shaped lots.
Mr. Keeler stated that the property can be re -subdivided so that the
existing house has adequate lot width.
Mr. Boggs stated that applicant's willingness to decrease the pipestems
from 25 feet to 15 feet to made the width at the building line conforming.
Mr. Keeler also stated that there could be easements instead of pipestems.
Mr. Boggs stated that lending institutions prefer road frontage for lots
as opposed to easements, which don't allow any frontage.
Mrs. Scala stated that the staff feels that easements are better, but
if pipestems are! necessary for financing, then that is all right.
Mr. Keeler pointed out that the lots are non -conforming as to setback, also,
this is a scenic highway. With the pipestems descreased to 15 feet, they
will be conforming as to width at the building line.
Mrs. Graves, stating that she is unwilling to support the waivers, agreed 1410/
with the staff that this is not as good as the previously approved plat.
She moved denial of the plat.
Mr. Peatross seconded the motion, stating that he does not feel this redivision
is a more effective use of the land.
The motion carried by a vote of 5-1, with Mr. Barksdale dissenting.
Mr. Boggs, representing the applicant, asked for direction from the Commission.
Mr. Peatross, said that if there is no problem with easements ( after checking
with a lending institution ), he prefers the easements.
Mr. Boggs drew a configuation on the plat, and asked if the Commission felt
this might be more agreeable. There seemed to be a consensus that easements were
more agreeable, and the Commission felt that the lots should be turned perpendicular
and not so irregularly shaped.
W.E. AND J.F. BISHOP FINAL PLAT:
Mrs. Scala told the Commission that this is a proposed division of two 2-acre
lots on a proposed and existing 30 foot easement. The A-1 zoned property is located
on the west side of Route 743 and the purpose of the division is the sale of lots.
Mrs. Scala noted that the plat was approved in 1976, but the approval is now IMS/
void because the plat was not recorded within six months. The existing easement
17z
appears to serve five houses, two of which front on Route 743. There is a note
" on the plat regarding further subdivision. The width of the easement is specified
as 30 feet. Dedication statement has been deleted. The Highway Department is
requiring a commercial entrance with 450 feet of sight distance. She noted that
the plat is exactly as it was when it was before the Commission one year ago.
Mr. Boggs stated that the applicant is agreeable to all the suggested conditions.
Mr. Peatross moved approval subject to the following conditions:
1. Owner is put on notice that the next subdivision along this easement may
require that the road be made a 50' right-of-way and brought to state standards;
2. Health Department approval;
3. 25' from centerline of Route 743 should be dedicated;
4. Virginia Department of Highways approval ( this includes the commercial entrance
with 450 feet of sight distance ).
Mr. Jones seconded the motion, which carried unanimously, with no discussion.
WINDRIFT REVISED FINAL PLAT:
Mrs. Scala presented the staff report, noting that this is a proposal for
twenty lots, with an average size of 3.2 acres, and a minimum size of 2.0 acres on
a proposed state road. There are individual wells and septic systems. A final plat
was approved in July, 1976 for fifteen lots, minimum size of 2.0 acres, and an
average size of 4.11 acres. The lot layout is very similar to the old plan, except
the road has been lengthened to accommodate the additional lots. The
staff recommended the following conditions of approval:
1. Virginia Department of Highways approval, including Lot 1 to enter on Route 666;
2. Grading permit and road bond;
3. Health Department approval for 20 lots;
4. Waiver of frontage - lot 16, a pipestem lot.
Mr. Jones questioned the reasons for the pipestem lot. Mr. Boggs explained
that there is an existing dwelling on this lot. This is a more efficient use of the land.
Mr. James Hahn, in the interest of two parties interested in purchasing the
land, stated that the acreage with the pipestem is much more desirable.
Mr. Charles Davis stated that at one time he had a verbal agreement to purchase
a strip along lots 2 and 3. Mr. Downing, the applicant, stated that he would abide
by that verbal agreement.
The owner of Old Estes Farm stated that he felt development of this sort
would not be line with the character of the area and questioned the need for this
development.
Mr. Keeler pointed out that with the existing zoning of the land, it could
be divided into thirty lots. This proposal calls for only 20 lots.
Mr. Jones moved approval of the plat subject to the conditions recommended
by the staff plus the additional condition:
5. Adjustment of the g'operty line along lots 2 and 3, if Mr. Davis purchases this strip.
173
Mrs. Graves pointed out that this plat reads "Section I", and asked if
there will be more subdivision. Mrs. Scala said that there may be.
Mr. Peatross seconded the motion made by Mr. Jones. 140)
Mr. Payne noted that if this plat goes to record prior to Mr. Davis'
purchasing the strip, no revised plat showing the adjustment of the property
line will be necessary.
The motion to approve the plat, subject to the five conditions, carried
unanimously.
GEORGETOWN VETERINARY HOSPITAL REVISED SITE PLAN:
Mrs. Scala stated that this is a proposed revised site plan clarifying
existing facilities and proposing new parking area, entrance, and exercise
area for horses. The service entrance has been removed. Parking area has been
recalculated to accommodate the horse clinic addition. The R-3 zoned property
is located on the west side of Georgetown Road. The purpose of the revised plan
is to obtain a permanent certificate of occupancy. Mrs. Scala gave the history
of the site plan, and noted that on March 1, 1977, the Zoning Administrator
stated that the April, 1973, variances does not include the back parcel. Approval of
the site plan did not authorize the expansion of the hospital operations onto the
back parcel. Any use of the back parcel must comply with the R-3 zone. He ruled that
the use of the back parcel was certified as agricultural and non -conforming by letter
of Dr. Flynn; that the back parcel may continue to have a non -conforming agricul-
tural use but that the County does not approve or acquiesce to any further intense
use of the back parcel as it relates to the hospital. Mrs. Scala further stated
that the Zoning Administrator has requested that his ruling, dated March 1, 1977, be
noted to the Commission and possibly made a condition of the revised site plan. The
two existing entrances have been combined at the request of the Highway Department.
The staff recommended the following conditions of approval:
1. Virginia Department of Highways approval of commercial entrance;
2. Service Authority approval of water connection;
3. Dedication of 25' from centerline of Route 656 put to record;
4. Zoning Administrator's ruling of March 1, 1977, is part of this approval;
5. Surface treatment of entrance road and parking areas must be bonded prior to
issuance of permanent certificate of occupancy along with all other incomplete
site work.
Mr. Jones asked if, in view of future expansion, the parking facilities are
adequate. Mrs. Scala stated that the parking will be checked later, and that there
are certain figures that are used to calculate the necessary parking area.
Mr. Boggs replied that there is adequate parking for all future plans as well
as what currently exists.
Mr. Jones said that he feels there should be a de-cel lane.
Mrs. Scala explained that there will be a commercial entrance and that
this will lengthen the existing de-cel lane. Mr. Boggs stated that in a discuss-
ion with the Highway Department they had stated this would be adequate.
Mr. Payne advised the Commission that he felt that it would not appropriate
to include the Zoning Administrator's ruling as part of the conditions, since it
does not impair or enhance this approval. However, he felt it would be appropriate
for the Commission to note that they knew the what the ruling is.
Mr. Boggs stated that the applicant is aware of, and in agreement to, the
Zoning Administrator's ruling.
Mr. Peatross moved approval of the plan, noting that the Commission is aware
of the Zoning Administrator's ruling of March 1, 1977, and recommended the following
conditions:
1. Virginia Department of Highways approval of commercial entrance;
2. Service Authority approval of water connection;
3. Dedication of 25' from centerline of Route 656 put to record;
4. Surface treatment of entrance road and parking areas must be bonded prior to
issuance of permanent certificate of occupancy along with all other incomplete
site work.
This motion was seconded by Col. Washington, and carried unanimously, with
no discussion.
At this point in the meeting there was a discussion regarding the Snoddy
plat. The applicant's representative asked if it would be possible for the Commission
to reconsider the plat, permit the applicant to withdraw the plat; or defer action
on the plat in order that it can be revised so that the applicant does not
have to pay another fee. After a brief discussion to determine if this would
set precedent, Mr. Peatross made a motion that the plat be reconsidered. Col.
Washington seconded the motion, which carried unanimously. The applicant's
representative then requested that any action on the ERNEST R. SNODDY FINAL PLAT
be deferred in order that the plat could be amended as suggested by the Planning
Commission. Col. Washington moved action be deferred until April 19. Mrs. Graves
seconded this motion, which carried unanimously.
MICHIE TAVERN REVISED PARKING PLAN:
Mrs. Scala stated that this is a proposal for a revised plan for the parking
area, including additional landscaping and surface treatment. The property is
zoned A-1 with a special use permit for a country store and craft houses, and is
located on the south side of Route 53. The staff is currently holding a bond in
the amount of $23,950.00 to insure completion of the final site plan. The applicant
is requesting approval of a revised site plan, with additional landscaping and
surface treatment of the parking area. Due to the fact that he cannot come to an
agreement with the adjacent owner over the existing right-of-way which is located at
the existing eastern entrance, he is unable to grade in this area. The applicant
does not wish to complete the final plan piece -meal; he prefers to wait until he
is able to grade the entire site as shown on the final plat. Staff has investigated
the possibility of implementing the approved plan on existing grades and has decided
that this approach would be unsatisfactory.
/75
Other alternatives would be:
1. To void the original parking plan and allow the applicant to proceed with
the craft houses and this revised parking plan;
2. To grant an extension of the final plan for 1-2 years. This would require that
the bond be held for that period of time; OR
3. The permit for the craft houses could be revoked indefinitely until the applicant
is able to complete the plan as originally proposed. No bond would then be needed.
Mrs. Scala noted that the staff feels that the legal problems encountered
are valid, and that grading of the eastern entrance and the overall plan is not
possible at this time. Although the ultimate landscape plan would be the ideal
solution, the interim plan has been implemented successfully. The property has been
improved considerably since the original permit was granted. The only requirement
which has not been met and which should, regardless of any other action, is approval
by the Virginia Department of Highways, that this completion of the western entrance
and relocation of the sign at the eastern entrance and removal of the white stone
wall. Staff recommends.daPPE N4 site plan under alternative #1, subject to the
following conditions:
1. Virginia Department of Highways approval, including completion of western
entrance to their satisfaction, relocation of sign at eastern entrance, and
removal of white stone wall;
2. Replacement of dead landscaping;
3. This revised plan to be completed by May 31, 1977.
Mr. Jones addressed the eastern entrance, noting that it is a real
problem. He asked if the Highway Department had any plans for improving this.
Mrs. Scala replied that removing the sign and white stone wall would improve
conditions considerably.
Mr. Max Kennedy stated that as a resident of the Jefferson Lake area, he
is very concerned about anything that would block the sight distance turning
to the left into Jefferson Lake area.
Mr. Max Evans, representing Michie Tavern, explained the newest plan to
the Commission.
Mr. Schur, a resident of Jefferson Lake area, said that any additional
planting at the existing eastern entrance could prove quite dangerous.
Mr. Evans said that when the sign and wall are removed, the shrubs blocking
the view could also be removed.
Mr. Peatross said that no shrubs should be removed until after the sign and
wall are removed. Then it would be necessary to see just how much of a problem the
shrubs are before removing any of them.
Mr. John Haskell, adjoining property owner, stated that the road out to the
eastern entrance is owned in fee simple by his wife and that Michie Tavern has an
easement over it. He stated that the problem with grading in this area is that
though it will help Michie Tavern, it will make the steep road leading to the orchar(q
even steeper. He stated that this could be abandoned only if a a better route
to the orchard is arrived at. He said that there have been negotiations with the
Highway Department over this matter for quite some time, however he doubted that any
sort of agreement with them could ever be reached, since he felt they would be unwilling
to ever give up any of their right-of-way.
174,
Mr. Jones moved approval of the revised parking plan, subject to the
three conditions recommended by the staff, and noted that the entrance to Jefferson
Lakes should considered in relation to the plantings.
Mr. Payne suggested amending condition #1 to read:
1. Virginia Department of Highways approval, including completion of the western
entrance to their satisfaction, relocation of the sign at the eastern entrance,
and removal of the white stone wall and such planting as may be necessary to make
the entrance to Jefferson Lake Properties as safe as possible.
Mr. Jones accepted this amendment to the motion.
Dr. Moore seconded the motion to approve the plan. The motion carried
unanimously, with no further discussion.
Since there was no further business, the meeting adjourned at 11:00 p.m.