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HomeMy WebLinkAbout09 20 77 PC MinutesSeptember 20, 1977 The Albemarle County Planning Commission conducted a regular meeting on Tuesday, September 20, 1977, 7:30 p.m., Board Room, Third Floor, County Office Building. Those members in attendance were Mr. David W. Carr, Chairman; Roy Barksdale; Joan Graves; Peter Easter; Leslie Jones; Col. William R. Washington; Dr. James W. Moore; Paul Peatross. Mrs. Opal David, ex -off icio; Mrs. Mary Joy Scala, Senior Planner; and Mr. Frederick W. Payne, Deputy County Attorney were also present. Kurt Gloeckner, Albemarle County Planning Commission, was absent. Mr. Carr established that a quorum was present and called the meeting to order. He noted that Deerwood and Stillfield Final Plats will not be heard; they were deferred indefinitely by the applicant. The minutes of May 31 were deferred in order that the Commission members could receive copies of them. MAGRUDER DENT, JR., PRELIMINARY PLAT - Mr. Magruder Dent, Jr., the applicant was present. Mr. Easter disqualified himself from this discussion as he is an adjoining property owner. He stated that the applicant, Mr. Dent, wishes to purchase some property from him that he is not in the position to sell. Mrs. Scala read the staff report as follows: She informed the Commission that this proposal is located on the south side of Route 676 near Free Union Road, zoned A-?_ Agricultural. She stated that this is a proposal for the division of eight acres into four 2-acre lots served by proposed 30' access easement,and informed the Commission that it requires a waiver of dedication requirement. This matter was deferred on August 30 in order for Mr. Dent to investigate purchasing .3-acre of adjacent land. Mrs. Scala noted that Mr. Dent has written the staff that he is unable to purchase adjacent property due to a deed restriction. He states that he is willing for the final plat to indicate that if widening of Route 676 is undertaken, then the 25' strip would be dedicated without cost. Mrs. Scala stated that the staff cannot recommend approval of this waiver since there does not appear to be justification. the staff would recommend up to three larger lots served by the proposed easement. Mrs. Scala stated that approval either way should be subject to: 1)Highway Department approval of entrance and location of easement; 2) Health Department approval; and 3) Maintenance agreement for the easement to be recorded. Mr. Dent added that in his opinion, it would be a long time before the Highway Department could appropriate the funds for the improvement of Route 676. Col. Washington and Leslie Jones entered the meeting. Mr. Peatross asked Mr. Dent if he is willing to put in the deed restriction, his statement that he is willing for the final palt to indicate that if widening of Route 676 is undertaken, then the 25' strip would be dedicated without cost. Mr. Dent stated that would be satisfactory. /IYS MAGRUDER DENT, JR. PRELIMINARY PLAT, continued Mrs. Scala noted that the 25' dedication is a requirement of the subdivision ordinance; if there were a waiver to be obtained, anyone could subdivide the maximum number of lots. Mr. Peatross said that is not practical - it will be a long time before before work can be done on this road. Mr. Peatross moved for approval of this plat with the three conditions recommended by the staff and a fourth condition, that if widening of Route 676 is undertaken, then the 25' strip would be dedicated without cost. This shall be noted on the plat. The motion carried 6-2 with Mr. Barksdale and Col. Washington dissenting. EDWIN BURMEISTER FINAL PLAT - iir. Edwin Burmeister, the applicant, was present. Mrs. Scala read the staff report to the Commission as follows: this proposal is located on the south side of Route 676 (Old Tilman Road) on Tanglewood Drive (50' easement), zoned A-1 Agricultural. Mrs. Scala noted that this is a proposal for the division of 5.3-acres, leaving a residue parcel of 19-acres. The 5.3-acre parcel would include a 50' fee simple strip out to the 50' easement. firs. Scala presented a brief history stating that the Planning Commission gave conditional approval on June 21, 1977 to a division of this same 5.3-acre parcel from an adjoining 7-acre parcel owned by Strickland for the purpose of sale to Burmeister. One of the conditions was Highway Department approval, which included the requirement of upgrading the entrance to Tanglewood Drive to State standards. This condition could not be met, due to sight distance problems. Mrs.. Scala stated that the 5.3-acre parcel was instead added to the existing Burmeister parcel containing 19-acres, which did not require approval. Mr. Burmeister is now asking approval of the 5.3-acre parcel as a separate parcel, but without the condition of Highway Department approval. If the Commission chooses to waive Highway Department approval, the only other condition of approval would be waiver of frontage on parcel C-2. Mrs. Scala informed the applicant that a homeowners' agreement is recommended for the final plat. Mrs. Scala noted the Highway Department's comments as follows: the entrance onto Tilman Road is inadequate and has poor sight distance for a subdivision entrance. The Highway Department stated that this sight distance could be improved by grading and trimming of vegetation; the surfacing of the entrance is required. Mrs. Scala stated that the staff cannot recommend approval of this proposal without Highway Department approval. Mr. Burmeister commented that his neighbor, Mr. Strickland sold 7 of 12 acres that he owned, Air. Burmeister buying the remainder 5.3-acres. Mrs. Scala noted that Highway Department approval was not required of Mr. Lawson, it was not Highway Department policy at that time, but changed right after Mr: Lawson's subdivision was recorded. A maintenance agreement will be required by the Highway Department for the maintenance of the entrance and roadways, as suggested by the staff. Air. Burmeister stated that Lemoine Balman, an adjacent owner, refuses to sign the agreement. Mr. Carr stated that Mr. Burmeister cannot comply with the Highway Department's requirement of the improvement of the entrance, therefore, this application should be denied until the applicant can comply. He said that he cannot comply because he will have to purchase the adjacent land to improve the entrance and the land is not for sale. !~AJO EDWIN BURMEISTER FINAL PLAT, continued Mr. Peatross moved that this application be denied. The motion carried 6-2 with Col. Washington and Peter Easter dissenting. There was no further discussion on the motion. CAMPHILL VILLAGE OF THE POTOMAC, INC. Mrs. Phyllis Sato, the applicant was present. Mrs. Scala presented the staff report to the Commission stating that this proposal is located on the south side of Route 765 at Innisfree Village near Montfaiz, zoned A-1 Agricultural. She noted that this is a proposal for the division of one 21- acre parcel on a proposed 25' easement; Parcels A, B and C each containing 2+ acres approved on 50' easements in 1971 and 1972. Mrs. Scala noted that the staff has commented that this parcel is the site of a cluster on the master plan of Innisfree Village. An adjacent owner called to question the amount of development proposed as she was concerned with the entrance road and trash collection. Mrs. Scala stated that the staff recommends approval of this plan with no conditions. There was no discussion by the Commission on this application. Mr. Barksdale motioned that this application be approved. The motion carried unanimously. IM CALVIN FLINT FINAL PLAT Mr. Payne disqualified himself from this discussion due to the fact that his firm has represented Mr. Flint in litigations affecting this property. Mr. Calvin Flint, the applicant was present. Mrs. Scala presented the staff report to the Commission stating that this proposal is located at the end of Route 610 on an old county road, zoned A--1 Agricul- tural. She stated that this is a proposal for the division of one 3-acre lot leaving residue of 41.9-acres. The staff has commented that this lot with an existing house is being divided off for the son of the landowner; the staff recommends approval with no conditions. There was no discussion by the Commission on this application. Mr. Jones motioned that this application be approved with no conditions. Mr. Easter seconded the motion, which carried unanimously. There were no further comments. OR /Y7 BROMWELL'S OF CHARLOTTESVILLE, INC. SITE PLAN Mrs. Scala presented the staff report to the Commission noting that this proposal is located on the south side of Route 631 (Rio Road West), zoned B-1 Business. '40/ Mrs. Scala stated that this proposal is for a fireplace equipment sales in an existing brick residence. Mrs. Scala noted that the staff concurs with the Highway Department recommendation that the entrance of the access road on Route 631 be improved. They are recommending a commercial entrance and decel lane, and relocation of a utility pole. The staff has recommended that Bromwell's join in a maintenance agreement with Phillips' which should be approved by the County Attorney and put to record. The staff recommends approval of this plan with the following conditions: 1); Health Department approval of existing septic system; 2) Maintenance agreement approved by the County Attorney and recorded; 3) Entrance on Route 631 improved to Highway Department recommendations. Mr. Bromwell, the applicant was present. Mrs. Scala noted that a letter from Raymond Phillips has been received by the staff, requesting a maintenance agreement for the road. Mr. Payne stated that Mr. Bromwell's attorney had submitted a maintenance agreement to him for review. Mr. Carr noted that a maintenance agreement was requested of Phillip's from an adjacent owner earlier. Mr. Payne stated that that agreement was not of formal request. Mrs. Scala noted that when the site plan for James Woods was approved, adjacent to this property, Highway Department approval was recommended by the staff. She informed the Commission that this property was never developed. Mr. Boggs stated that he can agree with all the conditions recommended by the staff except for the Highway Department's recommendations of improvements to the entrance on Route 631. He said that he feels there is no need for the turn lane as the traffic is not that heavy, parking is more than adequate. He stated that in his opinion, the maintenance agreement should be requested of Phillip's and Frank Hereford, as their developments generate most of the traffic. Mr. Easter stated that he feels very strongly about the maintenance agreement. Mr. Payne suggested that all the adjacent property owners comply with the agreement that has been submitted by Mr. Bromwell's attorney. Mr. Easter stated that this item should be deferred until the Highway Department's recommendations have been complied with. He restated this in the form of a motion. Mr. Barksdale seconded the motion. Mr. Boggs stated that this would delay sales for Mr. Bromwell. Mr. Carr stated that this item will have to be deferred until the Highway Department has been satisif ied. Mr. Boggs asked if this item could be approved, and the occupancy permit held until Highway Department approval has been received. Mr. Easter stated that his motion and Mr. Barksdale's second on the motion stand. The motion carried unanimously with the discussion that this item will be heard at the Commission's earliest convenience for the sake of Mr. Bromwell's sales. There were no further comments. 9 /A�8 ALAN RASMUSSEN PRELIMINARY PLAT Mrs. Scala presented the staff report to the Commission stating that this proposal is located on the west side of Route 20 South near Carter's Bridge, zoned A-1 Agricultural. She stated that this is a division of an existing 5-acre parcel into two lots containing 2-acres and 3-acres. The three acre lot will be served by a 25' wide pipestem. The two lots will share a joint entrance to which the Highway Department has given tentative approval. Mrs. Scala informed the Commission that the staff has no problem with this request. Final approval will be subject to Health Department approval. Mr. Payne disqualified himself from this discussion as his firm is representing the applicant, Alan Rasumussen in the sale of the property. The applicant was present. Mr. Rasmussen noted that the Highway Department has stated that the sight distance is adequate if only two entrances are constructed. Mr. Easter motioned that this item be approved. Mr. Barksdale seconded the motion which carried unanimously with no further discussion. IVY FARMS PHASE I. LOTS 40-47, FINAL PLAT Mrs. Scala presented the staff report to the Commission stating that this proposal is located on the north side of Ivy Farms Drive, zoned A-1 Agricultural. This proposal is for eight lots ranging in size from 2.0 and 4.6-acres, average size 3.0-acres, proposed state road, individual well and septic systems. Mrs. Scala read a brief history of Commission approvals of this subdivision. She stated that the staff has commented that Ivy Farm Drive is designed to carry a maximum of 750 vehicle trips per day, or 107 units. With this division there will be a total of 47 lots, plus several large acreages coming out onto Ivy Farm Drive. The plat shows a 50' right-of-way granted to the Bishop property by Dr. Hurt. This property could be subdivided in the future but the applicant would have to upgrade the roads if necessary to handle the traffic. Mrs. Scala informed the Commission that the staff has received two letters from adjacent owners. One requests that the area of the old Hession Prisoner of War Cemetery be made a county historical landmark excluded from future development. The other letter questions the 50' easement granted to Bishop and also questions whether foal Lane is built to state standards. Health Department approval has been received. Mrs. Scala stated that the staff recommends the following conditions of approval: 1) Highway Department approval; 2) Waiver of frontage granted for Lot 45; 3) Road bond. Mr. Peatross disqualified himself from this discussion. The applicant, Mr. Jim Hill was present. Mr. Cushing, an adjacent owner, had no comments. Mr. Goodell, also an adjacent owner, expressed that he had sent a letter to the Commission regarding a possible Hessian cemetery located on this site. He stated that the only access to Lots 40A and 41A is through and across the area where the cemetery is thought to be. He stated further that in his opinion, the road, Ivy Farms Drive, will not be adequate for this subdivision. Mr. Carr noted that this subdivision is designed to be 107 units, the road is built for those standards. Mr. Carr stated that the possibility of a cemetery being on this site is a whole new ball game. He asked Mr. Payne to state his opinion on this matter. IVY FARMS PHASE I, LOTS 40-47, FINAL PLAT, continued Mr. Payne stated that the statute states that it is possible to vacate disused cemeteries but prohibited to disturb human remains. Mr. Payne stated further that the Zoning Ordinance does not allow for historic distinctions without amending it. Mr. Goodell suggested that the lots be rearranged in order not to disturb the possible graves. Mr. Hill, the applicant stated that he had not been previously informed of the possible gravesite on his property. Mr. Goodell stated that he had informed the construction crew of his findings. Mr. Carr stated that if the owner of the cemetery agrees to set aside this site for historical purposes, it can be done. Mrs. Graves asked if there would be a difference if this ground is dedicated as hallowed ground. Mr. Payne said no; as long as the graves aren't disturbed, the site can be used for anything. Mrs. David added that if local interest is aroused, this area could very well be applied for as designation of a historical landmark. Col. Washington stated that this item should be deferred until the actual location of the cemetery can be determined. Mr. Carr stated that there is possibly no record of this cemetery as far back as 1744. Mr. Payne said that the chain of title may have reservation of rights or description of the cemetery. It was decided that the court records will have to be checked in detail to determine if there is record of this possible cemetery. Mr. Goodell added that Route 658 could join Barracks Road with Ivy Farm Drive. Mr. Carr stated that is not possible, Route 658 is inadequate to carry anymore traffic. Mr. Easter asked Mr. Hill why the brown gravel on Ivy Farm Drive was changed. Mr. Hill stated that it was not; it has not been finished. Mr. Carr asked Mr. Hill what the purpose of the ingress/egress into the Bishop property is shown. Mr. Hill stated that it was necessary for the easement placement and also that it was written into the sale agreement. Mr. Payne added that since this is not a fee simple easement, it cannot be dedicated to public use. Mr. Easter asked if the owner of Lot 43 could sell that piece of land and give him that public usage. Mr. Carr stated that it cannot be done without Planning Commission approval. Mr. Easter said that he thought the plat stated that he could extend his right-of-way, if he could sell it. Mr. Payne added that it should be a fourth condition that any further subdivision in this easement can not be done without Planning Commission approval. This would restrict Mr. Bishop from entering Foal Lane. Mr. Barksdale asked the applicant if he would be willing to expand the area that is staked if more land is involved in the possible cemetery. Mr. Hill asked Mr. Goodell if he would be willing to dedicate more land if his land were in question. Mr. Goodell said, absolutely. Mrs. Graves moved that this item be deferred for three weeks in order that the possibility of a cemetery being on this site can be determined. She stated that she would research the court records for this information. Dr. Moore seconded the motion which carried unanimously, with no further discussion. 9 /50 MOUNTAIN HOLLOW FINAL PLATS LOTS 17-21; 26-28 Mrs. Scala presented the staff report to the Commission noting that this proposal is located on the west side of Route 690 near Newtown, zoned A-1 Agricultural. She stated that this is a proposal for eight 2-acre lots, each served by individual wells and septic systems. Further, she noted that joint driveways are shown but need to be checked; Health Department approval has been received on lots 18-21; Lot 17 requires a perk test. Mrs. Scala gave the Commission a brief history of Planning Commission approvals on this site. She stated that the staff recommends the following conditions of approval: 1) Health Department approval of all lots; 2) Joint entrances be approved by the Planning and Highway Departments. Mr. H.H. Tiffany, the applicant was present. He explained the plat to the Commission. Mr. Easter expressed to Mr. Tiffany the importance of avoiding the stripping of the land in the future. Col. Washington asked Mrs. Scala if the right-of-way has been dedicated. Mrs. Scala stated that a 25' strip to the centerline of the road has been dedicated to the County. Col. Washington asked if Lot 2-a includes the dedication. Mrs. Scala stated no. Mr. Barksdale motioned that this application be approved with the recommended conditions of approval by the staff. Mrs. Graves seconded the motion, which carried unanimously, with no further discussion. UNIVERSITY OF VIRGINIA UNDERGRADUATE READER'S LIBRARY SITE PLAN Mrs. Scala informed the Commission that this site plan is before them for their information only. She noted that it is a proposal located adjacent to Alderman Library, containing 78,000 sq.ft. Public water and sewer (Meadow Creek) is proposed. There was no discussion or comments. NEW BUSINESS The discussion of Street Lights was deferred in order that the Commission could receive copies of the report prepared by the staff. It was decided that it would be discussed during the Commission's second meeting in October. The meeting adjourned at 9:55 p.m. o ert W. Tucker, Jr., Di ector of Planning Secreta y