HomeMy WebLinkAbout05 10 77 PC MinutesZ3s�
May 10, 1977
The Albemarle County Planning Commission conducted a meeting on Tuesday, May 10,
1977, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia.
Those members in attendance were Mr. David Carr, Chairman; Mr. Paul Peatross;
Mr. Roy Barksdale; Mr. Kurt Gloeckner; Col. William Washington; Dr. James Moore;
Mrs. Joan Graves; Mr. Leslie Jones; and Mrs. Opal David, ex-Officio. Absent
was Peter Easter, Vice -Chairman. Other officials present were Mr. Robert Tucker,
Director of Planning; Mr. Ronald Keeler, Assistant Director of Planning; Mr. Carlos
Montenegro, Planner; and Mr. Frederick Payne, Deputy County Attorney.
Mr. Carr established that a quorum was present and called the meeting to order.
Minutes of April 26, 1977, were approved by the chairman as submitted.
ZTA-77-01. George W. Clark - request to amend the A-1 zone of the Zoning Ordinance
to provide for abattoir:
Mr. Keeler presented the staff report, noting that the Commission had deferred
this item and directed the staff to develop a definition of "custom slaughterhouse"
and to include in the definition minimum area and setback requirements. He said
that the staff remains of the opinion that the spatial requirements are most
appropriately handled in the public hearing process on a case -by -case basis.
He presented the proposed special permit provision to the Commission, noting
that area requirements, setbacks, etc. had been included. He also read a proposed
definition to the Commission.
Mr. Payne presented a substitute amendment to the Commission, stating that the
Office of the County Attorney agrees that spatial requirements should not be
included since the BZA can vary these requirements. He stated that listing
these requirements takes control from the Planning Commission and Board of
Supervisors and gives it to the Board of Zoning Appeals. He said that including
these provisions would also remove the Commission's flexibility.
Col. Washington inquired how the Board of Zoning Appeals can vary what the Commission
says.
Mr. Payne responded that the BZA can vary any provision of the Zoning Ordinance
and this is the reason for addressing the area requirement at the special permit
level, because the BZA cannot vary any condition placed on a special use permit.
He further noted that the BZA can vary a provision of the Zoning Ordinance only
if it determines that such a variance is not detrimental to the character of a
neighborhood.
Mr. Gloeckner suggested placing a note in the definition, suggesting that the
applicant see the staff for guidelines when applying for the special permit for
the custom slaughterhouse.
Mrs. Graves pointed out that there might be other things the Commission would want
spatial requirements on, and felt that this use should not be specificially pointed
out.
Mr. Pickford said that he had been under the impression at the previous meeting
that the Commission had adopted a resolution of intent to amend the Zoning Ordinance
subject to approval of a proper definition of "custom slaughterhouse."
Mr. Keeler stated that the action taken by the Commission was to defer any
action on Mr. Clark's request.
Mr. Pickford said that he feels that the Commission is amending Mr. Clark's application.
Mr. Payne said that this is permitted, since they could recommend to the Board of
Supervisors that the ordinance be amended for a less intensive use.
Mr. Randolph said that he does not feel that such a use is appropriate to the A-1
zone, since it is industrial or commercial in nature. He feels that such an amendment
to the ordinance will weaken it.
Mrs. David suggested amending the definition submitted by Mr. Payne, stating that
she did not think that "sanitary disposal" is paid for when disposed of from the
site.
Mr. Payne said that according to the information received by the Commission during
this public hearing process, the byproducts will be sold to rendering companies.
Mr. Carr questioned the point raised by Mr. Pickford.
Mr. Tucker informed the Commission that he had listened to the tape from the
previous meeting and the action was a resolution directing the staff to prepare
an amendment for "custom slaughterhouse" for review by the Commission.
Mr. Payne said that he had thought the intent of the Commission, in the preparation
of the definition, had been no retail sales - that is the owner could sell nothing
that is not waste.
Dr. Moore said that he had thought the Commission had not been concerned with what
later might become dog food, etc.
Mr. Payne said that the Commission might want to be concerned with wholesaling.
Col. Washington said that "byproducts" covers the request made by Mr. Pickford
regarding "inedible by humans."
Col. Washington then moved that the Commission recommend to the Board that the
ordinance be amended to provide for Section 1.6-80.1, the definition of custom
slaughterhouse, as follows:
Custom Slaughterhouse. An establishment for the slaughter of livestock, including
cattle, sheep, swine, goats andother animals, other than fowl, as a service and from
which there is sold no meat or other product of such slaughter, other than inedible
materials generated as waste and/or byproducts of such slaughter, including, but
not limited to, blood, bone, viscera, hides, etc., which may be sold for purposes
of removal from the site and/or sanitary disposal.
Mr. Peatross seconded this motion.
Mr. Carr asked if this motion includes amending the zoning ordinance to provide
for custom slaughterhouse by special permit in the A-1 zone.
Col. Washington said that he wishes to address that in a separate motion.
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The motion to include the definition of "custom slaughterhouse" in the zoning
ordinance carried unanimously.
Col. Washington said that he is still concerned about the lack of an area
requirement, setback, etc. for the custom slaughterhouse.
Mr. Peatross said that this can be addressed at the special permit level, in
order that the spatial requirement not later be varied by the BZA.
Mrs. Graves read from the ordinanceabout requirements on special permits, and
noted that the ordinance does not speak to space.
Mr. Carr asked Mr. Payne if this precludes the Commission from addressing the
acreage.
Mr. Payne said that it does not.
Mr. Barksdale moved that the Commission recommend to the Board of Supervisors
that the zoning ordinance be amended to include Section 2-1-25(10.1), which
provides for custom slaughterhouse in the A-1 Zone by special permit.
Mr. Peatross seconded the motion, which carried unanimously, with no further
discussion.
OSCAR J. LANGFORD PROPERTY PRELIMINARY PLAT:
Mr. Gloeckner disqualified himself from the discussion and vote by leaving the
room.
Mr. Montenegro presented the staff report, noting that the A-1 property is located
on I-64 Frontage Road No. 1 off Route 637 near the Ivy interchange. This is a
proposed development of 44 lots, with an average lot size of 2.3-acres. The develop-
ment will be served by two roads ending in cul-de-sacs. The Commission had
deferred action from April 26, 1977, to this evening in order that they could view
the proposed development and its access and determine what safety hazards, if any,
exist. In addition, the Commission directed the staff to meet with Mr. Carter,
the applicant, Mr. Payne, and representatives of the Highway Department to resolve
whatever legal problems exist with regard to the responsibility for upgrading the
Frontage Road.
Mr. Montenegro stated that the staff met with the parties mentioned above and the
discussion determined that:
1. the Frontage Road is not in the State Secondary System;
2. the road is maintained by the State Highway Department;
3. Since the road is not in the State Secondary system, internal proposed roads
( A, B, C, and D) cannot be accepted into the State Secondary system until
they are contiguous ( enter from ) to a road in the Secondary System, which
the Frontage Road is not;
4. The staff and Deputy County Attorney have questions as to whether or not the
Highway Department has the authority to require that the developer apply for
and construct commercial entrances for regular subdivision streets; ( this
being a key question because the Highway Department intends to prevent the
development of this subdivision by denying said permits. )
Mr. Montenegro further stated that the staff opinion is that the Commission
should determine if a safety hazard will exist if the road is allowed to serve
approximately 320 vehicle trips per day. This determination should be made
with the aide of technical opinions as well as their own after having viewed
the site.
The staff recommended that the Commisison determine with the aide of Highway
Department recommendations, what improvements are necessary to remove the safety
hazard created when the forecasted traffic volumes exist.
The recommended conditions of approval are as follows:
1. Double frontage lots 34, 35, and 39 receive a waiver;
2. Reduction of frontage requirement for lots 5, 6, 21, 22, 23, 24, 26, 30, 31, 32,
and 39 is approved;
3. Highway Department and Engineering Department approval of internal roads;
4. Grading permit will be required for final approval;
5. That Frontage Road No. 1 be improved to a standard which the Commission
determines will remove what hazard may exist when the development is fully
occupied thus making the frontage road "reasonably safe" for the expected
traffic volume;
6. No buildings or septic fields will be placed on slopes of 250 or greater.
Mrs. Graves stated that the Planning Commission has known for quite some time that
the Highway Department requires commercial entrances, where projected traffic
and the number of prospective residences warrants the commercial entrance. She
asked about these commercial entrances in view of the staff report.
Mr. Payne said that he has always questioned the Highway Department's authority
to make this requirement.
Mr. Montenegro stated that the staff has always been of the opinion that this
requirement has merit.
Mrs. Graves pointed out that she has supported many plats because she felt that
the commerical entrance was the safety factor..
Mr. Payne pointed out for the Commission that the frontage road probably exists
in the state interstate system, since it was built to serve the property in question
at the time the interstate cut off the original access.
Mr. Roosevelt said that this is a service road, publicly maintained, to serve
as access that had been cut off through the construction of the interstate.
Mr. Roosevelt also told Dr. Moore that had the subdivision existed prior to the
interstate, the road would have been built to a different standard.
Mr. George Gillam stated that he had checked the Highway Department's road plans,
and on those plans, the road is listed as a frontage road, not a service road.
Mr. Barksdale again asked if the road had been built to serve only two to three
properties with single family residences. Mr. Roosevelt replied that is correct.
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Mr. Carr stated that the issue is the road. The Highway Department is saying that
it will not give entrance permits until the road know as "frontage road" is improved.
The applicant is saying that the improvement of this road is the responsiblity of
the Highway Department. The Highway Department is saying that this improvement is
the responsibility of the developer.
Mr. Payne said that the Commission need not consider who will pay for the road
improvements, if they are necessary. However, the Commission must decide if the
road, as it currently exists, is a safety hazard for the projected traffic of this
proposed subdivision. The Commission must decide what standard it must be improved
to make it safe, if it is a safety hazard. Furthermore, Mr. Payne pointed out
that the Commission does not have the power to tell the developer that he will
have to pay for the road's upgrading. It has the power only to say that the road
is a safety hazard - if such is the case - and must be upgraded.
Mr. Carr asked what standard the Highway Department would recommend.
Mr. Roosevelt said that it would recommend a Class B, Caregory II standard
as setforth by the Albemarle County Subdivision Ordinance.
Mr. Carr said that the Commission must decide what will make the road safe for
this proposed subdivision, if it is indeed a safety hazard as it is now. The
legal questions as to who pays for the upgrading of this road must be decided else-
where. The Commission cannot deny this subdivision if the developer agrees to
upgrade the road, or if the court decides someone else must do the upgrading.
Col. Washington said that he has traveled the road, and in his personal opinion,
it is unsafe as it currently exists for 300 vehicles.
�r Mr. Barksdale questioned the projected cost of the road improvements.
Mr. Montenegro replied that according to the Engineering Department it would be
$23,000 - $27,000.
Mr. Roosevelt also pointed out for the Commission that what may be in the best
interest of the citizens may not be what the Commission can require. He said that
there is no established criteria to follow in determining the number of vehicles
that can safely travel this road as it currently exists.
Mr. Carr again asked that the Commission consider the safety factor of the road.
Mr. Jones felt that the road should be upgraded from the information Mr. Roosevelt
gave Dr. Moore.
Mr. Peatross said that he drove the road, and personally feels it is a safety
hazard. He said that he also feels this is the case since the Highway Department
said a different road would have been constructed had the subdivision existed
at the time the frontage road was built. He said that he feels the developer
should be required to upgrade the road. He further noted that other developers
have been required to make off -site improvements to improve road conditions.
Mr. Gilliam stated that the developer has no quarrel with the fact that the road
must be upgraded, and is willing to have a reasonable standard set by the Commission.
He said that the developer prefers to settle who will accomplish this with the
Highway Department.
Dr. Moore also felt that the road should be upgraded.
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Dr. Moore felt that it should be upgraded to Class B, Category II standard
of the County Subdivision Ordinance, by the developer in order to eliminate
safety hazards.
Mr. Barksdale moved approval of the plat subject to the following conditions:
1. Double frontage lots 34, 35, and 39 receive a waiver;
2. Reduction of frontage requirement for lots 5, 6, 21, 22, 23, 24, 26, 30,
31, 32, and 29 is approved;
3. Highway Department and Engineering Department approval of internal roads;
4. Grading permit required for final approval;
5. Frontage road No. 1 be imporved to a Class B, Category II standard of the
Albemarle County Subdivision Ordinance by the developer in order to eliminate
safety hazards which can be expected to arise as a result of the traffic
generated by this development;
6. No buildings or septic fields will be placed on slopes of 250 or greater.
Col. Washington seconded this motion.
Dr. Moore asked if Health Department approval is necessary. Mr. Montenegro replied
that has already been received.
The motion carried by a vote of 6-1, with Mr. Jones dissenting.
( Mr. Gloeckner returned to the meeting. )
ZMA-77-10. BISCUIT RUN, INC. has petitioned the Board of Supervisors to rezone
201.0 acres from A-1 to RPN/RS-1. Property is located on the west side of Route 631,
approximately 2 miles south of Charlottesville, Virginia. County Tax Map 89, Parcels
95 and 95A; County Tax Map 90, Parcels 3 and 5, part thereof. Samuel Miller
Magisterial District.
Mr. Payne began by stating that he did not know if the Commission had had time
to review the conditions in the addendum staff report. He said that there is
a legal problem that would warrant the Commission's deferring this item,
not considering it at all that evening. He said that he and the staff have
reason to believe that a water system has been extended without County and Health
Department approval, onto to this property. That is a violation of state law
and of the County Ordinance. He said that condition #9 speaks to that,
and it does say that approval would be contingent upon approval of the water system.
But he said, that as he understands it, the water system has been in this condition
for some time, with no approyael. He said that the ramifications of the Commission's
acting uponthis request would^twofold, while this situation exists. Number 1 -
it would not tend to encourage the developer to see that this problem is cured.
Number 2 - it tends to, even with the staff's disclaimant, suggest the county's
approbation of it. He recommended that the Commission not consider this application
as long as this problem exists.
When questioned by Mr. Barksdale about who is investigating this problem,
Mr. Payne informed the Commission that the corporation who owns this water
system has made application to the Board of Supervisors to clear the problem up.
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However, Mr. Payne noted that the problem is very complicated, and very large
in magnitude. There are several hundred connections. The water system is of
very long standing, at least several years. This application is being prosecuted
before the Board of Supervisors; he said that of this date both Mr. Williams of
the Engineering Department, and Mr. Connors of the State Health Department, are
looking into the matter. He said that the problem is "murky, at best." Nobody
seems to know how many connections there are on this system. There has been
no data presented to the County Engineer as of this afternoon, regarding the
number of connections. He said that this is not a matter of possibly hearing the
request next week, since the magnitude of the problem has not yet been determined.
There are potentially many linear feet of line out there. And certainly the
County has no idea about its adequacy. He suggested that it may even be possible
that the applicant does not know. It is Mr. Payne's understanding that the system
is currently being mapped. The scope of the problem is so vague at this time
that the Commission should defer this item to encourage the developer to participate
in having the problem cured. He said that he says this advisedly, since the
developer is not identical with the water company. These are two different corporations.
But this property is to be served by this system. Mr. Payne further stated that
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it is his understanding that the lines aither are, at least week �,befowere, being
put in to serve this property, and that the developer has an understanding with
the water company. Mr. Payne said that he does not exactly know the nature of
that understanding. Mr. Tucker had told Mr. Payne that plans showing lines traversing
this property had been submitted. Mr. Payne said that it is clear that the two
problems are interrelated. Mr. Payne said that he is leary of the Commission acting
on this rezoning request in view of what is clearly, in his opinion, a misdemeanor.
He said that in his mind, evidence sufficiently exists that this is a misdemeanor.
p, Mr. Keeler said that there is one aspect that Mr. Payne left out. This involves
fir+' the Albemarle County Service Authority, and as Mr.'Keeler understands it, they
have not taken a specific position on this yet. He said that it has been suggested
that this system has been extended unlawfully in their service area.
Mr. Peatross asked if there is any hard evidence that this is actually taking place.
Mr. Keeler said that there is a preliminary plan showing an existing 4" water line
along Route 631. Mr. Payne said that there are a number of building permits showing
this as being served by a central water system. He said that the County has not
approved this water system.
Mr. Payne further stated that there is some sort of integrated system out there,
and the County is not sure exactly what it is.
Mrs. Graves said that the number of hook-ups at Southwood could have something
to do with it too.
Mr. Keeler said that some of the system was in existence prior to 1969, so any
extension of it w'_thout approval is a violation of at least the zoning ordinance.
Mr. Payne said that it might be the case that the whole system should have received
approval in the first place, by the predecessor in interest of this water company.
Mr. Payne further noted that the developer was notified ten days ago that this
problem was going to arise, in this manner, and about three days later the application
t was forthcoming. So the discussion was fruitful to that extent. Mr. Payne felt
that deferring action would spur the developer to spur the water company to take
care of this as soon as possible.
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Mr. Breeden, the developer, stated that he has nothing to do with the water
company at all, nor has he laid any lines or connected any lines, other than
when Mr. Payne made him aware of the situation. At that time he did contact
the water company's attorney, Mr. Carwile's office, and he did make the application.
Mr. Breeden said that the State Health Department has been to the site. The
planners for the project and the engineer met with them that day. Mr. Aubrey
Huffman's office is doing the drawings and will have them to the County by Friday.
The state has said that it will do everything it can to get this problem resolved
in two weeks. The water company has agreed to meet all the criteria setforth by
these agencies. The preliminary samples were good; they passed the requirements.
Mr. Peatross asked if Mr. Breeden is aware that his application proposes to
hook up to this system. Mr. Breeden said that he is aware of this, and that he
has a letter of committment from the water company stating they will furnish
water to the development. Mr. Breeden said that is what he has been going on.
Mr. Peatross asked if he were aware before this meeting that there were problems
with approving that water system or that water company.
Mr. Breeden said that Mr. Payne had made him aware of that.
Mr. Breeden did point out to the Commission that this is a preliminary plan
and it would be contingent upon the water company's doing this. The state has
said that the preliminary part of it could be resolved in two weeks. However,
he did agree that approval of the whole system could take quite a while longer.
The applicant's representative told the Commission that they are not going to
ask the Commission to approve the water system that night. They want the Commissioi
to examine the plan for RPN zoning. This would be a very general presentation
of a general layout, even of where the water lines might go. There is no water
system on that property now.
Mr. Carr said that it is time for the Commission to consider the recommendation of
Mr. Payne.
Mr. Peatross questioned the staff about how much is contained in the applicant's
application concerning the water layout.
Mr. Keeler said that the problem is, if the development is to indeed be served
by a central system, then the requirements from the site review committee will
be different from the requirements if it were served by a public system. In view
that the central system has not been approved, and may not be approved for some
time to come; this is not a matter of two or three weeks. Mr. Breeden cannot
hook into this system or serve anything from this system until it is approved.
Mr. Peatross asked if there is any substitute that Mr. Breeden could propose.
Mr. Keeler said that he could propose public water.
Mr. Payne said that he could propose another system, such as a central well, but
that too would have to be approved.
Mr. Peatross said that he wants to know if the Commission can proceed with this
application with this water system.
Mr. Payne said that the Commission has the authority to act on this rezoning.
Mr. Peatross said that he knows that, but he wants to know how critical the
water system is to this preliminary plan, in order to determine if the Commission
should act on the request that evening.
Mrs. Graves said that part of the requirements of the RPN zone are a general
layout of the water system, the lines and their sizing, and type and size of
fire hydrants. She did not feel this should be addressed later, since it is
what should be submitted as part of the RPN proposal.
Mr. Keeler said that this has been submitted, and the site review comments indicate
that such a central system will be adequate. If the applicant goes to a public
system, and most of the remainder of the property is within the service area of
the Albemarle County Service Authority, this would need to go back to site review.
He said that he does not think that the Service Authority wants a private system
expanding in there. He felt that the Service Authority and the applicant should
discuss this matter before the central system is expanded too far.
Mrs. Graves said that according to the Fire Marshal, there is an 8" line. But
that evening the Commission has heard that it is a 4" line. Mrs. Graves said that
she feels that the Commission has every reason to defer any action, since this
was reviewed with the assumption it is a central system.
Mrs. Graves moved that any action be deferred until the matter is cleared up,
and the central / is approved by the Board of Supervisors.
system
Mr. Peatross seconded this motion, based upon the comments of the applicant that
he intends to rely upon this central system to supply water to this development.
This motion carried unanimously, with no further discussion.
The Albemarle County Planning Commission will conduct a public hearing
to consider their previous action on Section 18-39(n) of the Code of Albemarle,
and Section 17-5-9 of the Albemarle County Zoning Ordinance as each of these
pertains to sidewalks, curb and gutter.
Mr. Keeler informed the Commission that the Board of Supervisors has referred
these amendments back to the Commission for further review because of the report
of the Sidewalk Committee. The main conclusion of the Sidewalk Committee report
is that the amendments should be amended to incorporate more criteria for the requiring
of sidewalks. The staff is opposed to this recommendation, since the Commission
clearly desired a great deal of flexibility in requiring and waiving sidewalks.
The staff feels that the wording is clearly broad enough to consider such aspects
as enumerated in the Sidewalk Committee report as: costs to the homeowner;
environmental impact; location with respect to foot -traffic generators.
The staff recommended that the Commission reaffirm its previous recommendation to
the Board of the proposed amendments regarding sidewalks; and amend its policy
statement of August 10, 1976, concerning sidewalks to acknowledge the
recommendations of the Sidewalk Committee which the Planning Commission deems to
be of merit. ( This policy statement would serve as a.general guide to developers
in preparing plans for review by the Commission, but would not have the legal
ramifications and complications of amending the ordinances to reflect these
recommendations. ) Such action would indicate consideration of these recommendations
in future deliberations.
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Mrs. Graves questioned how this would affect RPN's and PUD's.
Mr. Keeler said that this specifically addresses site plans and subdivisions.
Sidewalks, curb and gutter could be addressed at the special permit level for
the RPN's and PUD's.
Mr. Payne said that the amendments are very flexibile as originally proposed
by the Commission.
Mr. Carr said that he is inclined to agree with the staff, since flexibility
is what is desired. He said that he does not feel every particular should
be enumerated, since it would remove the flexibility.
Mr. Gloeckner also felt that a general policy is more desirable.
Mrs. David said that a general policy is needed for guidelines.
Mr. Gloeckner suggested incorporating the report as a guideline, putting it
on file in the Planning Department for developers' use.
Mr. Barksdale moved that the Commission make the following recommendation to the
Board:
1. Reaffirm its previous recommendation to the Board of Supervisors on the
proposed amendments regarding sidewalks;
2. Amend the policy statement of August 10, 1976, concerning sidewalks to
acknowledge that the recommendations of the Sidewalk Committee ( listed
on page 8 of the Revised Report of the Sidewalk Committee ) are of merit.
This policy is to serve as a general guide to developers in preparing plans
for review by the Commission, but does not have the legal ramifications
and complications of amending the ordinances to reflect these recommendations.
Mr. Gloeckner seconded this motion, which carried unanimously.
The Albemarle County Planning Commission has adopted a resolution of intent to
amend Section 18-2 of the Code of Albemarle regarding general language and the
definition of "subdivision."
Mr. Keeler presented the staff report noting that the staff had requested this
resolution to review problem areas of the current definition and possibly update
the ordinance to reflect current County policy.
He cited the following as current problem areas:
1. In the defintion, a division resulting in parcels of 5 acres or greater which
does not create new streets or access easements is not defined as a "subdivision"
and therefore, the County has little control over such divisions along existing
easements and "old County roads." ( The only control is a note on the previous
plat - "no further division to be served by this easement without Planning
Commission approval." The questions whether an easement is existing or
created is often difficult and confusing. Additionally, there is no specified
minimum frontage required on existing easements or public roads resulting in
inadequate access and subsequent granting of easements.
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2. "The sale or exchange of parcels between adjoining landowners where such sale or
exchange does not create additional building sites" is currently an exemption
with several problems.
3. "The release of a portion of the security of any mortgage or deed of trust"
is currently exempt and such plats should not be recorded for the purpose
of transfer. Once recorded, however, unlawful transfer could result without
the County's knowledge. Since the purpose of such a plat is for potential
transfer if the need arises, appropriate review and approval under ordinance
provision should take place prior to recordation.
Mr. Keeler asked that the Commission review the graphic illustrations included
as part of the staff report, discuss the possible alternatives, and defer action
to further consider this matter.
Mr. Payne said that the big thing about this amendment is that it would make
everything more simple. With one exception ( eminent domain ) there would be
County review of any division that resulted in a parcel or parcels of less than
five acres; or County review of any division that resulted in any parcel having
less than 25 feet frontage on a state maintained road.
Mr. Payne further noted that it would remove the loophole exemptions currently
in the ordinance and provide greater control over divisions involving easements
and "old County roads." It would additionally reduce varying interpretation and
areas of dispute.
Mr. Payne advised that new access easements are very confusing and always difficult,
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since no,,..seem to be the same.
Mr. Gloeckner said that pipestem lots result from not being able to have private
roads.
Mr. Keeler said that this is provided under the newly adopted amendment involving
private contracts.
Mr. Tucker said that that amendment did not speak specifically to private roads,
though. It also concerned maintenance of lakes, dams, etc.
Mr. Frank O'Neill said that the majority of the citizens of the County have always
wanted Albemarle to remain in larger parcels. To build in the woodlands and
steeper areas deamnds high standards for the roads. He urged that the Commission
adopt some standard for private roads.
Mr. Boggs said that this amendment, if adopted, will double the staff's workload.
He said that in his opinion, a good homeowners agreement takes care of pipestem
lots of over 5 acres.
Mr. Jones moved that the Commission follow the staff's recommendation, and
defer any action and further discussion on this matter until they could review
alternative definitions, and until they could receive more information on private
roads.
Mr. Gloeckner seconded the motion, which carried unanimously, with no further discussion.
The meeting adjourned, with no
further bu ss, a11:- 0 p.
o rt W. Tucker, Jr. - Sec tary