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HomeMy WebLinkAbout10 18 77 PC Minutes!�o October 18, 1977 The Albemarle County Planning Commission conducted a regular meeting on Tuesday, October 18, 1977, 7:30 p.m., Third Floor, Board Room, County Office Building, Charlottesville, Virginia. Those members in attendance were Peter Easter, acting chairman; Col. William R. Washington; Paul Peatross; Roy Barksdale; Leslie Jones; Joan Graves; Dr. James W. Moore. Other officials present were Mary Joy Scala, Senior Planner; Ronald S. Keeler, Assistant Director of Planning and Frederick W. Payne, Deputy County Attorney. Those members absent were David Carr, Chairman; and Kurt Gloeckner. Mr. Easter established that a quorum was present and called the meeting to order. ZTA-77-08. John H. Bailey SP-77-64. John H. Bailey Mr. Keeler stated that the applicant has requested withdrawal of both of these applications. This item was deferred for a week in order that it could be further studied by the Zoning Administrator. Mr. Keeler explained that the Zoning Administrator and the remainder of the staff have concluded that the uses the applicant is applying for are permitted uses in the A-1 zone, therefore, these applications are not necessary. Mr. Barksdale moved that the Commission approve the applicant's request for withdrawal of ZTA-77-08. Dr. Moore seconded the motion which carried unanimously. Mr. Barksdale moved that the Commission approve the applicant's request for withdrawal of SP-77-64. Dr. Moore seconded the motion which carried unanimously. There was no further discussion. Mr. Easter noted that he had been advised by the staff that the application for the Advanced Wastewater Treatment Plant Site Plan has been deferred at the request of the applicant. Approval of Minutes: September 20, 1977, October 4, 1977, October 11, 1977. Mr. Easter stated that since the Commission members have no comments on these minutes, they stand approved. ZMA-77-21. Joseph W. Wright, Jr. and Frank A. Kessler - R-2 to CO Mr. Keeler read the staff report to the Commission stating that this is a request for Commercial Office zoning on 2.5-acres of a 6.678-acre parcel, currently zoned R-2 Residential. Mr. Keeler noted that this property is located on the south side of Route 250 West across from the Institute of Textile Technology. This property ` is undeveloped as are adjacent properties to the south, east and west. Several campus - type office complexes are on the north side of Route 250 West. Property to the east is Birdwood and property to the west has been designated Ednam RPN. Route 250 West ZMA-77-21, continued - Joseph W. Wright, Jr. and Frank A. Kessler - R-2 to CO - has been designated a scenic highway. Mr. Keeler informed the Commission that the staff has commented that this is the second petition for commercial zoning on this property by the applicants. He noted the changes that have occurred since that petition as follows: 1. Route 250 West designated scenic highway (therefore, application is for greater acreage due to increased setback); 2. Adoption of Commercial Office district; 3. Approval of Ednam RPN (open space and roadway are adjacent to this property; 4. Reduced speed limit to 45 mph on Route 250 West. Mr. Keeler stated that the staff's two major concerns in the previous application were sight distance on Route 250 and the request was for B-1 General Business (CO was not available at that time). Mr. Keeler stated further that the staff's opinion is that the Commercial Office use would be compatible with existing and future uses in this area as well as with use proposed in the Comprehensive Plan. He stated that the staff recommends approval of this petition. Mr. Keeler noted that the Highway Department has indicated that they have no objections to this application at this time. For the Commission's information, Mr. Keeler stated that this development would project 150 vehicle trips per day under the R-2 zoning and 335 under Commercial Office zoning. Mr. Jim Murray, Jr., representing the applicants was present. He noted that the applicants have entered into a binding agreement with the Ednam Village Owner's Association, a lengthy contract which stipulates how this property will be developed. He stated that the Ednam Village Owner's Association must waive some deed restrictions in order to permit this development to occur; the waiver clause in the existing restrictions requires a 90% vote, the proposed development as agreed upon with the developers has been voted upon by the Owner's Association and 100% of the owners in Ednam Village have signed the agreement, that this property will be developed in this way. Mr. Max Evans, architect presented the plan to the Commission. He stated that this plan provides more parking than is required, as well as more setback footage. Dr. Moore asked Mr. Evans if the entrance is presently used by Ednam Village. Mr. Evans stated that it is not, it was a temporary entrance when Ednam Village was being constructed. He stated that the sight distance was not adequate at this entrance until the speed limit on Route 250 West was reduced to 45 mph. He stated further that the Highway Department has indicated that the sight distance is now adequate, the entrance can be considered permanent. Mr. Evans stated that the Highway Department is requiring that a decel lane be constructed. Col. Washington questioned the left turn lane provided at the west of the property. Mr. Evans stated that the Highway Department has indicated that the sight distance is adequate at this location. Mr. Jones stated that if the right-of-way is used, it would cause an extra load of traffic on Route 250. Mr. Murray noted that the right--of-way is being retained by the Ednam Village Owner's Association because they foresaw potentially some increase in development at the Boar's Head Sports Club and the Boar's Head Inn. ZMA-77-21, continued. Joseph W. Wright, Jr. and Frank A. Kessler - R-2 to CO Mr. Easter asked Mr. Murray if the legal agreement specifies that the entrance or exit to the Boar's Head complex will be closed if the right-of-way is used. Mr. Murray stated that it does not, however the only legal user of this right-of-way is the Ednam Village Owner's Association. Mr. Keeler noted that the right-of-way that Mr. Murray refers to would be an easement, which can be platted and put to record anyway. Mr. Barem, President of the Homeowner's Association, and Dr.Bruce Morton, a resident of Ednam Village were present and spoke in favor of the application. Mr. Peatross asked Mr. Murray if the sewer provision is in the agreement. Mr. Murray stated it is written into the agreement that the residential units will not be developed until sewer is provided. Mr. Peatross further questioned Mr. Murray in asking him how he got around the deed restrictions in his proposal for B-1, in that the applicant had stated that the Highway Department was his only restriction. Mr. Murray stated that this is something that will have to be brought before the Homeowner's Association for final approval. He stated that he believes the application is adequate. Col. Washington asked if the water problem still exists as did previously. Mr. Easter stated that he believes the water main is adequate, and further that if any problems exist it will be from lines that come off that main. Mr. Keeler added that as a result of the Ednam RPN, John Rogan has had a Special Permit approved to establish a water storage tank to provide adequate pressure to Boar's Head Inn, Ednam Forest and Ednam Village. Mr. Easter noted that Mr. Kellog was present and asked him if it has been established that there is plenty of water along the highway. Mr. Kellog stated that he and Mr. Rogan have agreed to build a system that will provide water to all of this area. Mr. Rogan asked Mr. Murray if the water line is being proposed to be relocated. Mr. Murray stated that a portion of the line is to be relocated but that it is not yet clear exactly where, but that it would not affect his property. He reinterated that this is a preliminary plan, the exact location of the building lots is not known at this time. Mr. Barksdale stated that he thought this plan is adequate and moved for approval of ZMA-77-21. Dr. Moore seconded the motion which carried unanimously. Discussion: Mr. Kellog asked Mr. Keeler to explain the Highway Department's data concerning vehicle trips per day. Mr. Keeler did so. There were no further comments or discussion. Mrs. Scala entered the meeting. PAGE FLINN FINAL PLAT The applicant's representative, Mr. Bud Treakle was present. Mrs. Scala presented the staff report to the Commission noting that this is located on the west side of Route 601 at Free Union, zoned A--1 Agr}cultural. Mrs. /913 PAGE FLINN FINAL PLAT. continued Scala stated that this is a proposal for the division of one 3.4-acre lot with existing house on an existing 50' right-of-way. Mrs. Scala stated a brief zoning history of this plat to the Commission as follows: a plat of 12-acre parcel (Burress) was approved by the Planning Commission and signed on 3/25/77. That parcel shares the use of the 50' right-of-way with this parcel and the church. The easement terminates at a recently divided 75 acre parcel beyond Burruss which has other access. Mrs. Scala stated that the staff has commented that the Highway Department noted when the Burruss plat was approved, that any further subdivision using this entrance would necessitate a commercial entrance. This must be accomplished before this plat is signed. Mrs. Scala noted that the staff recommends the following conditions of approval: 1) Highway Department approval; 2) Owner's signature notarized. Mr. Treakle presented photographs of the site to the Commission for review. Mr. Treaklestated that the applicant's primary concern is the cost of bringing this right-of-way to state standards; in his opinion the Highway Department's recommendations should be lifted. Mrs. Scala stated that it is her belief that the Highway Department has been consistent in recommending commercial entrances when three or more parcels will be using the same entrance. She stated that the Highway Department has stated in their review, that they would recommend a commercial entrance if there were any further subdivision. Mr. Easter asked Mrs. Scala if she knew the cost of putting a commercial entrance in. Mrs. Scala stated that she did not get that estimate. Mrs. Scala added that the commission has recently heard a request for an appeal from Mr. Burmeister on old Tilman Road; at that time the Planning Commission decided not to grant that appeal. Therefore, Mr. Burmeister appealed it to the Board of Supervisors who accepted the Planning Commission's recommenda- tions to deny that waiver requested by Mr. Burmeister and at that time, the Board urged the Planning Commission to be consistent in applying the Highway Department's/ policy of requiring commercial entrances when three or more parcels are served by one entrance. Mr. Easter asked the applicant's representative if he had an idea of the cost of constructing a commercial entrance.Mr. Treakle stated that he had not known it would be required until 3:30 p.m. today; he does not have that information.Mr. Treakle asked the Commission to approve the subdivision of this land without imposing this restriction on it the property owner at this time. Mr. Easter asked Mr. Treakle if anything has been decided or put in writing regarding the maintenance of this right-of-way. Mr. Perkins, representing the sale of the Flinn's property was present.Mr. Treakle stated that Mr. Perkins had submitted the deed to him in respect to this right-of-way, but it has not as yet been resolved. Mr. Perkins stated that he had set up the deed in its first instance and stated that the maintenance was to be prorated amoungst the persons using it. Mr. Easter accepted no further public comment. Mr. Barksdale asked Mr. Boggs the cost of constructing a commercial entrance. Mr. Boggs stated that it varies, according to the size of pipes used; approximately $250.00. Col. Washington asked Mrs. Scala if there is a land requirement connection for this commercial entrance; the applicant does not own the land on Route 601. Mrs. Scala stated that there is only a 50' right-of-way across it; she stated that she doesn't know whether or not that will be a problem.Mr. Treakle stated that the applicant will only be allowed to use the property in the Highway Department's right-of-way. Mr. Peatross moved for approval of this application with the two conditions recommended by the staff. Dr. Moore seconded the motion 5-1, with Col. Washington opposing. There was no further discussion or comments. A�� OAK FOREST FINAL PLAT Mrs. Scala noted that this application has been deferred at the request of the applicant. BARBARA BELL FINAL PLAT Mrs. Scala presented the staff report to the Commission noting that this property is located on the north side of Route 640 near Stony Point, zoned A-1 Agriculture. She stated that this is a division of 8 acres into two 2-acre lots and one 4-acre lot. Four -acre lot contains a resident; parcel "A" is intended for a building site for the owner's son. Mrs. Scala stated that the staff has commented that Parcel A was chosen as a building site because it is on top of a ridge. Only two residences will use the easement, the surrounding acreage uses a separate entrance. A commercial entrance will be required, since there will be three parcels. Mrs. Scala added that the back parcel shown, which is really the residue acreage, is not intended to be building site at this time but because of the location of Parcel A it does create a building site in the rear of the parcel. Mrs. Scala stated that the staff has two recommended conditions of approval: 1) Highway Department approval including a commercial entrance; and 2) Health Deaprtment approval of residue as a building lot. Mrs. Barbara Bell, the applicant was present. She had no comment. Mr. Peatross asked Mrs. Scala if the required right-of-way has been dedicated. Mrs. Scala stated that there is an existing 40' right-of-way; the applicant is dedicating an additional 5'. Mr. Barksdale recommended approval of this application with the two conditions recommended by the staff. Col. Washington seconded the motion. Discussion: Mr. Easter asked Mrs. Bell is she is aware of the Highway Depart- ment's requirement of a commercial entrance. She stated that she is not aware of the cost the construction will entail. Mr. Easter explained, stating Mr. Boggs' previous estimate. The vote carried 4-1, with Mr. Jones voting against the motion. There were no further comments or discussion. HERBERT MCDANIEL FINAL PLAT Mr. McDaniel, the applicant was present. Mrs. Scala presented the staff report to the Commission noting that this property is located on the east side of Route 605, a gravel surface road, near Advance Mills, zoned A-1 Agriculture. She stated that this is a proposal for the division of four 2-acre lots. Lot 4 contains an existing residence. Lots 1, 2 and 3 require waivers of frontage. Mrs. Scala stated that the staff will recommend approval only if a commercial entrance is used to serve lots 1, 2 and 3. I9,5 HERBERT MCDANIEL FINAL PLAT, continued Mrs. Scala stated the staff's recommended conditions of approval as follows: 1) Highway Department approval of commercial entrance to serve lots 1, 2 and 3; 2) Health Department approval; 3) Waiver of frontage granted on lots 1, 2 and 3. Mrs. Scala stated that she had spoken with the Highway Department regarding the commercial entrance at this location who stated that a commercial entrance will be possible if the vegetation is cleared to achieve the proper sight distance. Mr. Peatross asked Mr. Boggs, surveyor, what the reason is for the frontage on the lots and if it can be eliminated to achieve the proper sight distance. Mr. Boggs stated that on lot 4, the frontage is a garden spot that has been used by the property owner for some time. He stated that the building sites on the other lots are on the rear of the property. Mr. Boggs stated further that the elimination of the garden spot and the road frontage on the other lots would not be enough to achieve proper sight distance for the entrance at all four lots. Mr. Barksdale recommended approval of this application with the three conditions listed by the staff. Col. Washington seconded the motion, which carried unanimously. There were no further comments or discussion. IVY FARMS PHASE II FINAL PLAT - LOTS 16-23 Mrs. Scala presented the staff report to the Commission noting that this property is located at the end of Route 657 (Old Lamb's Road), zoned A-1 Agriculture. She stated that this is a proposal for the division of eight lots ranging from 2.7 to 5.2 acres, average size 3.7 acres. She stated a brief zoning history in which Phase 2 lots which front on Lamb's Road only were approved by the Planning Commission on May 18, 1976. Due to moratorium on road construction within 500 feet of Ivy Creek, Ipswich Place was not approved at that time. Mrs. Scala noted the staff's recommended conditions of approval as follows: 1) Health Department approval of all lots, including septic permits for lots 19 and 20; 2) Road bond required. Mrs. Scala noted that there is now a 200' setback requirement from Ivy Creek; from every creek that drains into the reservoir, and also a 75' building setback from the road. Mr. Tom Sinclair, surveyor and representative for the applicant was present. .There was no public comment. Mr. Barksdale recommended approval of this application with the two conditions recommended by the staff. Dr. Moore seconded the motion which carried unanimously with no further discussion. LEWIS HILL SECTION 3 PRELIMINARY PLAT Mrs. Scala presented the staff report to the Commission noting that this property is located on the east side of Route 678, zoned A-1 Agriculture. Mrs. Scala noted that this is a proposal for the division of nineteen 2-acre lots to be served by individual well and septic systems. Mrs. Scala informed the Commission of a brief zoning 194 _7 LEWIS HILL SECTION 3 PRELIMINARY PLAT, continued history as follows: when the frontage lots were approved, the location of the two entrance roads were required to be approved by the Highway Department. At a later date, the Highway Department changed their mind regarding the Lewis Hill Court entrance since an existing large tree across Route 678 blocked sight distance. Therefore, Lewis Hill Court will not connect at this time to Route 678. Also, Mrs. Scala added that at the time the frontage lots came in, the Commission requested to see plans for the development of the remainder of the property. This preliminary plat is identical to the plan submitted at that time. Mrs. Scala stated that the staff has commented that a grading permit for a road which extends to the back of the property has been applied for. A runoff control permit will also be necessary. The 200 foot setback for septic systems from a stream has been shown. When complete, this road will be a 1.4 mile cul- de-sac serving 70 lots. A connection to West Woods Subdivision was not required when that plat was approved. Mrs. Scala stated the staff's recommended conditions of approval as follows: 1) Health Department approval; 2) Highway Department approval; 3) Grading and runoff control permits; 4) Road names changed to avoid duplications. Mr. Barksdale motioned that this application be approved with the recommended conditions of the staff. Mr. Peatross seconded the motion which carried unanimously. There were no further comments or discussion. FLOYD BATES DANCE HALL AND RESTAURANT SITE PLAN Mrs. Scala presented the staff report to the Commission noting that this property is located on the west side of Route 647 near Cismont, zoned A-1 Agriculture. She stated that this is a proposal for a dance hall and restaurant containing about 3,500 sq.ft. on 2.8-acres; adjacent parking area containing 49 spaces. Mrs. Scala stated that the staff has commented that Mr. Bates has been constructing for sixteen years on his vacation time and on week -ends a restaurant and dance hall. He plans to retire in this area. It is now completed and he wishes to open for business. This proposal has been determined to be a non -conforming use by the Zoning Administrator. A building permit was issued in 1962, prior to zoning. In 1971, after zoning, a previous zoning administrator issued a zoning permit for the completion of the structure. A septic permit was also issued in 1971. A_ commercial entrance permit was obtained in May, 1976. Mrs. Scala informed the Commission that in accordance with the Zoning Administrator's ruling, Mr. Bates is applying for site plan approval. He has already obtained a dance hall permit from the Baord of Supervisors as required by the Albemarle County Code. This was approved on October 12, 1977 with the following conditions: 1) Hours of operation should be limited between 7:00 p.m. and 1:00 a.m.; 2) Soundproofing to the reasonable satisfaction of the Zoning Administrator to the extent that noise shall not be audible to the nearest residence, exclusive of the applicant's residence; 3) An attendant shall be on duty at all times. Mrs. Scala further noted that the building is not easily visible from Route 647. No screening is necessary in the opinion of the staff. She stated that the Commission may wish to limit the size of the business sign; 100 sq.ft. is permitted in the A-1 zone. l9? FLOYD BATES DANCE HALL AND RESTAURANT SITE PLAN, continued Mrs. Scala noted the staff's recommended conditions of approval as follows: 1) Two handicapped spaces are required; 2) Landscape plan to be approved by the staff; 3) Dedication plat to be recorded; 25' from the centerline of the state route. Mr. Bates, the applicant was present. Mr. Barksdale asked Mrs. Scala if the applicant has obtained a sign. Mrs. Scala stated that he has not. Mr. Jones questioned the hours of operation. Mr. Bates stated that he was unaware of the time limit imposed by the Board of Supervisors. He stated that he was present at the Board's meeting, but does not recall the conditions of approval. Mr. Easter asked the staff to check with Mr. Tucker regarding the hours of operation in that there may be a typographical error. Mr. Payne stated that in his opinion, the hours reflect the time limit of the dance hall only. Mr. Gerald Slade, Mr. Haynes and Mr. Dillon, property owners along Route 647 were present. They stated their objections to this application being a dance hall and restaurant and stated that they were not aware of any plans as such. Mr. Easter stated that this has been in progress for quite some time. All necessary permits have been issued; the restaurant and dance hall is now requesting to be open for business. Mr. Payne added that this is true. The Board has already acted on this application. There will be no further public objection at this time. He stated that the Zoning Administrator had asked his opinion as to whether or not a certificate of occupancy could be issued when this project is complete. Mr. Payne stated that in his opinion, Mr. Bates has a vested right to use this property in this fashion because Mr. Dick, the Zoning Administrator has found that this property is not susceptible to any other uses permitted by right in the A-1 zone. Mrs. Graves entered the meeting. Dr. Alophant, from the public asked if a zone variation must be granted at this point. Mr. Easter stated no, it has already been done. Another property owner asked Mr. Bates if he plans to apply for a State Liquor License. Mr. Bates stated that he does. Mr. Easter closed the public hearing. I Mr. Peatross asked Mrs. Scala if the 49 parking spaces intended to provide parking for the restaurant and the dance hall. Mrs. Scala stated that it has been spelled out exactly how may spaces are required based on square footage; the applicant shows more than required. Mr. Peatross moved that this application be approved with the three conditions recommended by the staff. Mr. Jones seconded the motion. The motion carried unanimously; Mrs. Graves did not vote, as she came in in the middle of the discussion of this application. There were no further comments or discussion. 9 NEW BUSINESS - Staff request for Resolution of Intent - Definition of Subdivision Mr. Keeler informed the Commission this item had been before the Commission previously but due to lack time in preparation, the staff requested that the Commission withdraw their resolution of intent to amend the definition of subdivision. Mr. Keeler stated that following that, the Board of Supervisors informally requested that this item be put back on the agenda. Mr. Keeler asked the Commission to adopt a resolution to amend the Albemarle County Land and Subdivision Development Ordinance with respect to the definition of subdivision in general language. Mr. Peatross moved that the Commission adopt a resolution of intent to amend the definition of subdivision. Mr. Barksdale seconded the motion which carried unanimously with no further discussion. Mr. Easter introduced Mrs. Huckle, a citizen of the Jack Jouett District and a representative from the League of Women Voters to the Commission. The meeting adjourned at 9:25 p.m. nning