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HomeMy WebLinkAbout11 28 78 PC MinutesIz3 A - November 28, 1978 �bwi The Albemarle County Planning Commission held a regularly scheduled meeting November 28, 1978, 7:30 p.m., Third Floor, County Office Building, Charlottesville, Virginia. Those members in attendence were Mr. James Huffman; Dr. James Moore; Mr. Kurt Gloeckner; Mr. Charles Vest; Mr. Layton McCann; Mr. Peter Easter, Chairman; Mrs. Joan Graves; and Mrs. Norma Diehl. Col William Washington, Vice -Chairman was absent. Other Officials present were Mr. Donald Gaston, Senior Planner; Miss Mason Caperton, Planner; and Mr. Fred Payne, Deputy County Attorney. Mr. Easter established that a quorum was present and called the meeting to order at 7:30. WILLIAM AND PENELOPE RAY FINAL PLAT - proposed division of two lots of 2.001 acres each from larger parcel; located south off Route 743 and east of Route 665 near Advance Mills. Mr. Gaston presented the applicant's request. Mr. Ray, the applicant, was present and had no comments. Mr. Kendrick, an adjacent owner, stated that he did not understand the reference made to the highway entrance. Mr. Gaston informed him that Highway Department approval is needed, if three lots will be entering on to the highway. Mr. Kendrick noted that he is only concerned with his position, if he should decide to build on the property he owns behind the Ray property. Mr. Byron Coburn, Highway Department, stated that a commerical entrance is based on the number of parcels and not the number of dwellings. Mr. Gloeckner moved for approval of the plat with the following conditions: 1. Waiver of 100 foot scale; 2. Comply with private road ordinance including: a) Virginia Department of Highways and Transportation commerical entrance approval; b) County Engineer approval; c) Maintenance agreement; 3. Health Department approval; 4. Owners approval written to correct language. Mr. Vest seconded the motion, which carried unanimously, with no further discussion. MICHAEL JOHNSON FINAL PLAT - proposed division of 6.19 acres from larger parcel; located north of Route 759 adjacent to the Fluvanna County line. Mr. Gaston presented the applicant's request. Ms. Vera Holwinsky represented Mr. Johnson who was also present. Ms. Holwinsky stated that she did not understand condition #2. Mr. Easter stated that condition #2 is requesting that the entrance be at a 90 degree angle. Mr. Johnson stated that the area around the , id is fairly clear, but if the Commission would like the entrance at a 90 degree -gle it would be no -oblem. Mrs. Diehl moved for approval of the plat with the following conditions: 1. Waiver of 100 foot scale; 2. County Engineer approval including realignment of entrance to allow perpendicular ingress and egress at a minimum distance of 30 feet from right-of-way; 3. Adjust easement line to accomodate condition #2; 4. Health Department approval. Mr. Gloeckner seconded the motion, which carried unanimously, with no further discussion. EARL BEACH FINAL PLAT - located on south side of Route 618, east of Hardware River; proposed 4 lot subdivision, 2 acres each. Miss Caperton presented the applicant's request. Mr. Bolton, the applicant, was present. Mr. Bolton stated that if the Commission requires entrances on the 50 right-of-way this will leave three lots that will not qualify for Farmers Home Administration loans. He also stated that if lots are drawn the way the Commission would like to see them the roads would have to be state maintained, which would place them out of the price range for FmHA. Mr. Easter asked Mr. Payne if the had any contact with Farmers Home Administration. Mr. Payne noted that he had been in touch with Mr. Newbill of FmHA. Mr. Newbill informed him that only two homes per right-of-way and entrance on state road are adopted Federal regulations. Mr. Payne also noted that the property line along the highway is not shown and the reference to 50 foot right-of-way is not correct (Is not a 50 foot right-of-way). Mr. Bolton agreed that the property line should be on the plat and he also agreed to delete the wording "50 foot right-of-way." Mrs. Graves stated that a decel lane is noted on the plat. Mr. Bolton explained that the decel lane is noted only for future use, in case there is further development of the property. Mr. Coburn stated that the entrance has adequate sight distance and the decel lane would not be needed at this time. Mr. Payne noted that he is concerned about waivers. He stated that if a waiver is against the Zoning Ordinance a necessary hardship would need to be shown. Mr. Easter asked Mr. Payne what would be the best way to accomplish this, for this particular case. Mr. Payne stated that the pipestem would have to be deleted or reserve the easement. %.3 Mr. Easter noted that he was aware the Commission had to abide by the law, but he had a problem with understanding why the County is against pipestems. He asked if changing the pipestem to an easement would solve the problem. Mr. Payne noted that if the Commission feels that changing the pipestem to an easement would be sufficient then it would be okay. He stated that he does not feel there is sufficient evidence to do this. Mr. Gloeckner commented that since this would be setting a precedent the Commission would be left with the problem of explaining this decision in the future. Mr. Easter asked that since this is the only justifiable method of drawing these lots in order to receive FmHA financing, couldn't the Commission waive the.pipestem. Mr. Gloeckner noted that in terms of planning the waiver would be the best solution, but in terms of setting a percedent it is not the best solution. Mrs. Diehl stated that she understands the applicant's problem, but she could not support stripping of the highway. Mr. Gloeckner stated that a condition could be put on lots 2 and 3 that would require them to enter on the pipestem, when it becomes a road. Mr. Payne noted that such a condition would not meet FmHA requirement and also this would be a reason to declare this a hardship. Mr. Gloeckner moved for approval of the plat with the following conditions: 1. Recalculate measurements on proposed property lines; 2. Change parcel numbers (our maps show that parcel 28 was joined to parcel 27); 3. Written Health Department approval; 4. Delete 50 foot right-of-way notation; 5. Waiver granted of pipestem lot; 6. Show the property line across the front of the pipestem lot and the dedication of 25 feet from the centerline of Route 618. Mr. McCann seconded the motion, which carried with a vote of 6-2. Mrs. Graves and Mrs. Diehl dissented. There was no further discussion. E. MORRIS CHISHOLM FINAL PLAT - division of 2 acres from 550 acres; located south off Route 743 east of Route 660 near Earlysville. Mr. Gloeckner disqualified himself from the hearing on this item. Mr. Gaston presented the applicant's request. Mr. Mike Boggs represented the applicant. There were no comments. Mr. McCann moved for approval of the plat with the following conditions: 1. Virginia Department of Highways and Transportation entrance approval; 2. County Engineer approval; 3. Health Department approval. Mr. Vest seconded the motion, which carried unanimously, with no further discussion. UNITED VIRGINIA BANK OF CHARLOTTESVILLE SITE PLAN - proposed banking service; located on Route 29 North at northwest entrance to Albemarle Square Shopping Center. Mr. Gaston presented the applicant's request. Mr. Garrett, the applicant's representative, was present. Mrs. Graves asked why the temporary trailer was not shown on the site plan. Mr. Gaston explained to her that it was not shown because it would be removed, when the bank is built. Mrs. Diehl stated that she is concerned about the trash containers being located in the front of the building. Mr. Garrett informed her that banks are required, by law, to maintain their trash for five days. Because of this requirement, the bank has facilities that are similar to a drive-in teller's booth, which will keep the trash dry and out of sight. Mr. Gloeckner moved for approval of the site plan with the following conditions: 1. Comply with Soil Erosion Ordinance; 2. Obtain permit from Virginia Department of Highways and Transportation for drainage alterations; 3. Coordinate all water and sewer connections with the County Service Authority. Mr. Huffman seconded the motion, which carried unanimously, with no further discussion. ST. GEORGES CATHOLIC CHURCH SITE PLAN - proposed church; located south at the intersection of Routes 626 and 20 near Scottsville. Mr. Gaston presented the applicant's request. Mr. Caleb Denby, the applicant, was present and had no comments. There were no comments. Mr. Huffman moved for approval of the site plan with the following conditions: 1. Entrance construction to be coordinated as approved by Virginia Department of High- ways and Transportation; 2. Health Department approval of water, sewer facilities and cemetary location. Mr. Gloeckner seconded the motion, which carried unanimously, with no further discussion. WAVERTREE HALL FARM (LOTS 5-15) FINAL PLAT - proposed division of 16 lots as prescribed in approved site plan; located south off Route 692 between Routes 691 and 637 near Batesville. Mr. Gaston presented the applicant's request. Mr. Morris Foster represented the applicant and had no comments. There were no comments. Mr. Gloeckner moved for approval with the following conditions: 1. Comply with private road ordinance including: a) Virginia Department of Highways and Transportation commercial permit; b) County Engineer approval; c) Maintenance agreement; 2. Health Department approval; 3. Comply with all conditions of ZMA-78-09; 4. Waiver of double frontage. Mr. Vest seconded the motion, which carried unanimously, with no further discussion. WOODVALE LAND CORPORATION FINAL PLAT - proposed redivision of 7.422 acres into 2 lots of 3.848 acres and 3.582 acres; located on Route 250 West, east of Route 677 near Farmington. Mr. Gaston presented the applicant's request. Mr. Shaw -Kennedy, the applicant, was present and Mr. Morris Foster, his representative. Mr. Shaw -Kennedy stated that it is not neccessary to moved the service entrance. He noted that he has been using this entrance for years. He stated that in order to move the entrance some of the landscaping will be destoryed. Dr. Moore noted that it seems as if the present entrance is adequate. Mr. Shaw -Kennedy noted that this entrance is mainly used as an exit. He stated that if the main entrance becomes congested the service entrance is then used to enter the property. He noted that he would rather close the entrance and do additional landscaping, than relocate the entrance. Mrs. Diehl asked if an exit sign is posted at this entrance. Mr. Shaw -Kennedy stated that currently there is a sign posted and he has plans for additional signs. Mrs. Graves stated that she feels staff is only concerned with future development of the back parcel and future safety. Mr. Coburn stated that he was aware of the entrance, but not that it was used as an exit only. He also noted that he is not aware of any current traffic problems with this entrance. Mr. Easter asked if relocating the road would be a major expense. Mr. Foster stated that including grading and additional landscaping the project would probably cost around 3,000 to 4,000 dollars. Mr. Easter stated that since staff recommends relocating the entrance he would have to support their recommendation. He noted that he would be in favor of deferring this item for one week, if it would not cause a hardship on anyone. Mr. Foster noted that the only conflicting traffic pattern he has noticed is when traffic coming up the hill from Kirtley meets someone entering the service entrance. Mr. McCann noted that he could support this plat if condition #1 is changed to restrict the service entrance to an exit only. Mr. McCann moved for approval of the plat with the following conditions: 1. Relocation of service entrance at the southeast corner of "parcel A" to the north subject to County Engineer approval; 2. Comply with private road ordinance including: a) Maintenance agreement, 3. Health Department approval of new parcels. Mrs. Graves made a subsitute motion for deferral of the plat for one week. Mr. Vest seconded the motion, which carried with a vote of 5-3, with no further discussion. Mr. McCann, Mr. Huffman and Mr. Gloeckner dissented. WENDY'S SITE PLAN - proposed food service; located on the west side of Route 29 North just south of Rio Road (Route 631). Mr. Gaston presented the applicant's request. Mr. Ed Bain and Mr. Tom Sinclair, the applicant's representatives, were present. Mr. Eamaha, the applicant, was:ahso present at the meeting. Mr. Samaha, noted that there are currently 1,200 Wendy's in operation in the United States. iie noted that he operates 19 of these facilities and has never had an accident. He noted the reason for this is the one way traffic flow through the parking area. He also stated that he is not in favor of a frontage road, because this would cause addi- tional congestation and would not allow for some additional landscaping that is currently planned for the front of the building. Mr. Sinclair noted that the applicant does not anticipate any problem with obtaining a soil erosion permit and he believes any problem with the drainage facilities can be worked out with the Highway Department. Mr. Bain noted that the applicant feels safety is of number one importance. He stated that in some cases access easements are not applicable for safety reasons. Mr. Coburn noted that the Highway Department's main concern is with traffic flow on the major roadways and the best way to control this is to limit access. Mr. Easter commented that it appears to him that traffic is forced to follow the one-way traffic flow. He noted that the drive-in window seems to be the major problem. He asked if there would be a problem with people backing into the traffic flow. Mr. Coburn stated that traffic at establishments with drive-in windows are usually educated traffic (they are either repeat customers or follow the leader traffic). -- He suggested that if the Commission approved this site plan with one way traffic that the radius be tightened. This would cause the traffic to feel uncomfortable turning in that direction. Mrs. Graves stated that she would like to discuss having one entrance divided by a narrow island. Mr. Huffman stated that he can understand what the staff and the Highway Department are recommending, but Mr.Samaha's plan seems the most reasonable. Mr. McCann stated that he could go along with most of the staff's recommendation He also noted that condition #2 would only cause problems with the traffic flow and condition #3 should not be the Commission's, responsibility. He stated that he does not feel the Commission should restricttraffic on someone's property. Mr. Gloeckner moved for approval with the following conditions: 1. Comply with soil erosion ordinance; 2. Provide substantial shurbbery on banks and on property to north where bank is to be removed; 3. Provide water and sewer for existing structure to remain; 4. Signs shall comply with Zoning Ordinance; 5. Redesign exit to direct traffic to only turn right; 6. Comply with Virginia Department of Highways and Transportation entrance specificiations and obtain commercial entrance permit; 7. Waiver of Zoning Ordinance 17-5-8. Mr. Huffman seconded the motion. Mrs. Graves stated that she could not support this site plan because of the waiver. Mr. Easter commented that he would support this site plan. He noted that Mr. Samaha's plan seems like the best possible plan. Mr. Gloeckner'_s motion carried with a vote of 6-2, with no further discussion. Mrs. Graves and Mrs. Diehl dissented. SPRADLIN/COSNER FINAL PLAT - proposed division of seven lots from larger parcel with an average lot size of 2.001 acres; located east off Route 622 between Route 671 and the Fluvanna County line. Mr. Gaston presented the applicant's request. Mr. Spradlin and Mr. Cosner, the applicant's, were present. Mr. Clifton McClure represented the applicants. Mr. McClure stated that the applicant's plat meets all the requirements of the Zoning Ordinance and they would like to see it approved. Mr. Easter asked if joint entrance would be agreeable to the applicant's. Mr. McClure noted that they would agree to this. Mr. Huffman stated that Mr. Kidd, an adjacent owner, called to inform him that he is opposed to this subdivision. He also told Mr. Huffman that the property lines of the subdivision are over the property line of another adjacent owner (Mr. Dagris). Mr. Huffman asked what would be the County's position if they approve this plat with the property lines overlapping someone else's property. Mr. Payne stated that the lots would be unlawful, because they would be below the minimum lot requirement. He stated that if the lots are sold the owner's would have to go before the Board of Zoning Appeals for a variance and if they are not sold the applicant would have to resubmit the subdivision for a redivision. Mr. McCann moved for approval of the plat with the following conditions: 1. Health Department approval; 2. Virginia Department of Highways and Transportation entrance permit with common drives for lots 1-2, 3-4, 5-6 and seven entering from existing right-of-way; 3. Change building setback on lots 1-5 to 100 feet. Mr. Vest seconded the motion, which carried with a vote of 6-1-1, with no further 1234 discussion. Mrs. Diehl dissented and Mrs. Graves abstained. 19 MILODON PARCEL A FINAL PLAT - division of 2 lots - 2.0 and 3.0 acres from larger parcel; located east off Route 606 and north of Route 649 near the Charlot- tesville -Albemarle Airport. Mr. Gaston presented the applicant's request. Mr. Wendall Wood, the applicant's representative, was present. Mr. Wood stated that this plat was being changed in connection_with,the approval of the PID. There were no further comments. Mr. Gloeckner moved for approval of the plat with the following conditions: 1. Parcel A-1 to be served only from Quail Run right-of-way; 2. Commercial entrance permit from Virginia Department of Highways and Transportation; 3. Health Department approval. Mr. McCann seconded the motion, which carried unanimously, with no further discussion. FOREST KNOLL SITE PLAN - located near intersection of Route 743 and Route 631 north of Charlottesville; preliminary proposal for 131 townhouse and apartment units on 18+ acres. Mr. McCann moved for deferral of the above item, since the applicant nor his. representative were present for the meeting. Mr. Gloeckner seconded the motion, which carried unanimously, with no further discussion. NEW BUSINESS - MR. PAYNE'S CONTACT WITH FARMERS HOME ADMINISTRATION CONCERNING THEIR LOAN REQUIREMENTS. (Right-of-ways and highway frontage) Mr. Payne noted that the Albemarle County Zoning Ordinance would serve FmHA better than the existing government regulations. He noted that the County should go as far as possible to see that these regulations are changed. Mr. Easter asked if the Board of Supervisors should be asked for a Resolution of Intent. Mr. Payne stated that he is concerned with the Commission's position in this matter. He noted that the Commission will either have to allow substandard subdivisions in Albemarle County or indicate that FmHA is not welcomed in Albemarle. Mr. Easter asked if it would be best to draft a letter to an FmHA Official concerning the differences between their regulations and the Zoning Ordinance, to be approved by the Board of Supervisors. Mr. Lindstrom noted that this would be the best way to handle this matter. /,Z3 T Mrs. Diehl moved to have Mr. Payne draft a letter to FmHA, with Board of Supervisors approval. Mr. McCann seconded the motion, which carried unanimously, with no further discussion. NEW BUSINESS - PIPESTEMS Mr. Easter stated that he has never understood the problem with pipestems. He noted that his home is located on a pipestem and has never caused any difficulties. Mrs. Graves asked why FmHA approved lots located on a pipestem in Nortonsville. Mr. Payne commented that FmHA will approve lots on a pipestem, but not lots located on an easement, which is inconsistent. There was no further discussion. There was no further discussion and the meeting adjourned at 11:05.