HomeMy WebLinkAbout09 19 78 PC Minutes5z
September 19, 1978
The Albemarle County Planning Commission conducted a meeting on Tuesday, September
19, 1978, 7:30 p.m., Board Room, Third Floor, County Office Building, Charlottesville,
Virginia. Those members present were Mrs. Norma Diehl; Mr. Layton McCann; Mr. Charles
Vest; Col. William Washington, Vice -Chairman; Dr. James Moore; Mrs. Joan Graves; Mr.
James Huffman; and Mr. Tim Lindstrom, ex-officio. Those members absent were Mr. Peter
Easter, Chairman; and Mr. Kurt Gloeckner. Other Officials present were Mr. Robert
Tucker, Director of Planning; Miss Masan Caperton, Planner; and Mr. Fred Payne, Deputy
County Attorney.
Col. Washington established that a quorum was present and called the meeting to
order at 7:30 p.m.
The minutes of September 12, 1978 were approved with correction. The minutes of
August 22 and 29 were approved as amended.
SP-78-42 Motorola Communications - request for tower on Carter's Mountain.
Mr. Tucker stated that Mr. Conte, President of Michie Tavern, Inc., requested that
this item be deferred, as he was notified of the Planning Commission meeting through
a second party.
Mr. Brame, the applicant's representative, commented that Motorola would like to get
underway with construction as soon as possible. He stated that with the comming of the
winter season, work on the tower becomes hazardous for construction workers.
Mr. McDonald, Mr. Conte's representative, stated that Mr. Conte was not aware of the
meeting and had made plans for a business trip. He stated that Mr. Conte is concerned
about the road up the mountain being only 15 feet wide and having several bad curves.
He noted that Mr. Conte's drainage system had been ruined several times by large trucks
hauling apples off the mountain during the apple season and is concerned that this will
happen again.
Dr. Moore had no objection to deferring the item one week.
Mrs. Graves moved that further discussion and action be deferred until September
26, 1978. Mrs. Diehl seconded this motion.
Mr. McCann stated that he could not support the motion for deferral.
The motion carried by a vote of 5-2; Mr. Huffman and Mr. McCann dissented.
Lovell Coleman Final Plat - located off State Route 604 north of Earlysville;
proposed 2 lot subdivision of 3+ acres each.
Forbes Reback represented the applicant.
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Mrs. Graves moved the plat be approved subject to the following conditions:
1. Health Department approval;
2. Highway Department approval of a commercial entrance;
3. County Engineering Department approval of improvements to the Old County Road;
4. Maintenance agreement for Old County Road to be approved by the County Attorney
Office and recorded;
5. Waiver of scale requirement (1" = 100', 1" = 200' shown);
6. Grading permit;
7. Owner's notarized signature needed on plat.
Mr. Vest seconded the motion, which carried unanimously, with no further discussion.
Charlottesville -Albemarle Airport Site Plan - located southwest of the intersection
of Route 649 and 606 at the airport; proposed parking facility with separate entrance.
The staff noted that the applicant requested deferral until October 24, 1978.
Mrs. Diehl moved that discussion and action be deferred to October 24, 1978. Mrs.
Graves seconded the motion, which carried unanimously, with no further discussion.
Copperfields Site Plan - located at the north end of the new Commonwealth Drive;
proposed 50 unit apartment complex near Peyton Drive.
Mr. Tucker stated that the applicant would like to add storage and additional parking
to the original site plan. He also noted that an additional tot lot is required to -Ret
the recreational requirements of the site plan ordinance.
Mr. Kinney wanted to be sure the Commission was aware of the basketball court that
had been added.
Mr. Tucker stated that they were aware of this.
Mr. Kinney stated that there would be no problems with the addition of a tot lot.
Dr. Moore moved for approval subject to the following conditions:
1. Compliance with all conditions of the original site plan;
2. Addition of one tot lot - between and behind buildings 4 and 5.
Mr. McCann seconded the motion, which carried unanimously, with no further discussion.
L. W. Carter Final Plat - located on Railroad Avenue and St. George Avenue in Crozet;
proposed subdivision of 2 lots, average size 25,670 square feet.
Mr. Carter, the applicant, made a correction to the staff report (two houses built on
the property). He noted that only one house was built by him; the other is an existing
dwelling. He stated that his son is currently living in one of the houses and wishes
to buy this house. In order for the bank to finance this dwelling, the proprty will
have to be subdivided.
Mr. McCann moved for approval of the plat with the following conditions:
1. The zoning note on the plat be changed from R-1 to R-2;
2. The two notes on the plat for parcels G and H be changed to read ". dedicated
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to the State for road purposes;"
3. Show building setback lines.
Mr. Huffman seconded the motion, which carried unanimously, with no further discussion.
Bootie Ballard Final Plat - located northwest of the intersection of Route 601 and
671 at Gibson Mountain.
Mr. Ballard, the applicant, was present at the meeting and had no comments.
Dr. Moore moved for approval of the plat subject to the following conditions:
1. Technical requirements of the Albemarle County Subdivision Ordinance:
a) note source of title;
b) note building setback lines.
Mr. McCann seconded the motion, which was carried unanimously, with no further
discussion.
Curtis Naylor Final Plat - located east of Route 620 near Woodbridge; proposed 2
lot subdivision from a larger parcel, 5 acres each.
Mr. Naylor, the applicant, was present at the meeting. He had no comments.
Mrs. Graves asked if there was a time limit for payment of fees.
Mr. Tucker stated that the plat would not be signed until the fee was paid.
Mrs. Diehl moved for approval of the plat subject to the following conditions:
1. Health Department approval;
2. Virginia Department of Highways and Transportation approval of driveway entrance;
3. County Engineering Department approval of driveway specifications;
4. Maintenance agreement to be approved by the County Attorney's office;
5. Waiver of scale requirement (1" = 200');
6. Note on plat: "No further division without Planning Commission approval;"
7. Dedication of 25 feet from the centerline on State Route 620 required;
8. Fee of $40.00'due.
Mr. McCann seconded the motion, which carried unanimously, with no further discussion.
Scottsville Volunteer Fire Department Site Plan - located between Routes 6 and 737,
north of Route 20 at Scottsville; location of Scottsville Volunteer Fire Department.
The staff noted that the applicant requests deferral until October 24, 1978.
Mr. Vest moved discussion and action be deferred until that date. Mr. McCann
carried unanimously, with no discussion.
Albemarle Farm Equipment Site Plan - located in the northwest quadrant of Routes
742 and I-64 (previously the city landfill); proposed sales and service for farm equip-
ment.
INSERT*
Mr. Huffman asked if there is any advantage or disadvantage to concrete curbs as
opposed to asphalt curbs.
Mr. Tucker stated that concrete is better. He noted that asphalt curbs have a
tendency to crumble.
Dr. Moore moved for approval of the site plan subject to the following conditions:
1. Health Department approval;
2. Fire Official approval of 1,000 gallon gas tank;
3. Virginia Department of Highways and Transportation approval of commerical entrance,
location and design; 150 foot deceleration lane and 150 foot taper;
4. County Service Authority approval of meter pit;
5. Grading permit;
6. County Engineering Department approval of curbing on northern and western edges of
the parking lot (not necessarily concrete; railroad ties, etc.), drop inlet;
7. Staff approval of a landscape plan: Staff recommends ornamental trees in addition
to the spreading juniper along frontage; shurbs (azaleas) around concrete curbs into
parking area; ornamental trees or white pines along northern border of property and
clustered white pines along southern edge of developed area; mulched beds with orna-
mental trees around southern corner of building and mulch bed and azaleas in area
between showroom and service entrance;
8. Areas of trees will remain undistrubed except those areas designed for construction
of the building, lot coverage and septic system.
Mr. McCann seconded the motion, which carried unanimously, with no further discussion.
Terrence O'Donnell Final Plat - located on the north side of Route 810 near Boone-
ville; proposed sale of 6.2 acres to Mr. O'Donnell, leaving 53.2 acres of residue.
Mr. O'Donnell, the applicant, stated that the road off 810 was a recognized right-
of-way for 80 years. He commented the he has made every effort to engage in a main-
tenance agreement with the adjacent owners, but they were opposed to this type of
agreement.
Mr. Glass, and adjacent landowner, stated that he was not aware of a maintenace
agreement and feels they are capable of taking care of the road without this kind of
agreement.
Col. Washington noted that he is concerned about Mr. Scarpa selling property to
other individuals who think they have proper right-of-way.
Mr. McCann stated that he is in favor of waiving the maintenance agreement since
the applcant has made an honest effort to seek a maintenance agreement.
Mr. Huffman commented that he would go along with Mr. McCann due to the facts that
that have been presented.
Mr. O'Donnell commented that he felt the people were frightened that Mr. Scarpa had
started some type of development.
Mr. McCann moved for approval of the plat with the waiver of the maintenance agreement.
Mr. Huffman seconded the motion, which carried unanimously, with no discussion.
INSERT* Mrs. Graves was concereed with gas tank and whether or not the Fire Official has approved
its installation.
Mrs. Diehl questioned whether or not any State or Federal re ulations restrict bldg. on
rt� I
Foxfield Stables Site Plan - located off the south side of Route 601 near Route
829; proposed corral and stable facility.
Ms. Holowinsky, the applicant's representative, noted that the conditions as
recommended by staff are agreeable.
A gentlemen from the audience noted that originally it was stated that no food or
beverages would be sold on premises and he felt this should be noted.
Mr. Tucker stated that this was a condition of SP-76-71, which will still apply.
Mr. Huffman commented that he would hate for condition #5 (no permanent facility
for sale of goods to the public) be interpreted in such a way that the applicant could
not provide a coke machine for the use of the public.
Mr. Tucker stated that this is not the intent of this condition. He noted that the
staff was concerned with hamburger/fast food operations. He noted that vending machines
would be fine.
Mr. McCann moved for approval of the site plan subject to the following conditions:
1. Health Department approval has been given; however a copy of the appropriate form
will be required;
2. Proper seeding of the dressage ring, corral area and all other graded (bare) areas
be accomplished to meet the approval of the Zoning Administrator:
a) Phasing of entrance requirements as follows: The present commercial entrance to
be abandoned when the Virginia Department of Highways and Transportation relo-
cate Route 601; the new proposed entrance to be 238 feet from the centerline
of the existing entrance to the centerline of proposed entrance, running parallel
to Route 601 and connecting with existing commercial drive;
4. Staff approval of landscape plan; Staff recommends 6 to 8 foot white pine clusters
around south border of dressage ring and parking area;
5. Note on plan that no permanent facilities for sale with goods to the public will be
provided;
6. Make a note of SP-76-71 on the plan;
7. Fire Official approval of the 300 gallon gas tank;
8. Maintenance of fencing to prevent horses from roaming into the public right-of-way;
9. Note that the Commission is not approving the sign or its location at this time.
Mr. Vest seconded the motion, which was carried unanimously, with no further discus-
sion.
Old Business - Pampered Pet Site Plan (Amendment) - located on Berkmar Drive, west of
Route 29; the applicant is requesting an amendment to the original conditions of approval.
Mr. McDonald, the owner of Pampered Pet, read a letter stating the expense of sound-
proofing the building ($2,000.00) as well as the lose of rental income (due to condition
#2) had caused a financial burden. He noted that he had employed an accoustical engineer
from Richmond to give him suggestions for soundproofing the building. He noted that the
suggested remedies for soundproofing the building would be an additional financial burden.
He also noted that the Engineer had stated that the noise level was not above HUD stan-
dards.
Mr. Robertson, and adjacent owner, noted that the noise had been band in the past.
He stated that the noise was not too bad now and he believes Mr. McDonald had tried to
reduce the sound of the dogs' barking.
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Mr. Dick, Zoning Administrator, noted that he believes Mr. McDonald has made a good
effort to decrease the noise level. He also stated that the accoustical engineer had
found ways to insulate the building that would be both economically safe and helpful
to the residents of Berkeley. He noted that two families have moved because of the
dogs. He stated that the continuous barking is the biggest problem.
Mr. McDonald stated that a zero decibel level for 150 feet cannot be reached. He
commented that he would like to have a level that is more reasonable.
Mr. Huffman noted that it is the duty of the Planning Commission to protect the
citizens from a nusiance whether or not is has been declared a nusiance by the Court
and regardless of whether it was within HUD regulations.
Mr. McCann stated that since the nighttime noise had been fairly well taken care of,
the problem seems to be with the dogs' being outside; there isn't any way to insulate
the outside. He noted that he could not support removing the condition for soundproofing
Mr. Vest asked if a limit could be placed on the number of dogs outside at a time.
Mr. Huffman noted that if the dogs in the kennel start barking, every dog in the
neighborhood would start.
Mr. Dick noted that he feels the outdoor kennels are the basis of the problem.
Mr. McCann moved for denial of the amendment. Mr. Vest seconded the motion.
Discussion: Dr. Moore stated that he would like to amend the motion to include a con-
dition addressing dogs to be kept inside on!y.
Mr. Lindstrom stated that the condition should remain the same with the recom-
mendation that the dogs to kept inside. Oj
Mr. McDonald stated that the site plan as approved permitted outdoor runs and kennels
and therefore could not be changed.
Dr. Moore stated that if the site plan is brought back for Planning Commission review
the conditions can be changed.
The motion for denial carried unanimously.
There was no further discussion and the meeting adjourned at 10:00 p.m.
Rob rt W. Tucker, Jr. - ecr ry
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