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HomeMy WebLinkAbout12 19 78 PC MinutesDecember 19, 1978 The Albemarle County Planning Commission held a regular meeting, Tuesday, December 19, 1978, 7:30 p.m., Third Floor, County Office Building, Charlottesville, Virginia. Those members present were Mr. James Huffman; Mr. Layton McCann; Mr. Charles Vest; Mr. Peter Easter, Chairman; Col. William Washington, Vice -Chairman; Dr. James Moore; Mrs. Norma Diehl; and Mrs. Joan Graves. Other Officials present were Mr. Donald Gaston, Senior 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 P.M. The minutes of November 21, 1978 and December 4, 1978 were approved as written. The minutes of November 30, 1978 were approved as corrected. WOODVALE LAND CORPORATION FINAL PLAT Mr. Gaston presented the applicant's request. Mr. Shaw -Kennedy, the applicant, and Mr. Fennell, his representative, were present. Mr. Fennell stated that he believes that the road staff recommends closing is located on private property and does not acutally enter on Route 250. Mr. Fennell noted that it would cost approximately $4,000.00 to move this entrance. He also noted that the Commission should be concerned -about access to the back parcel and easing the congestion a£ the entrance to Hillcrest Motors. He requested the Commission to consider this request and eliminate this condition. (condition 1) Mrs. Diehl asked where the road would•be relocated that would have an estimated cost of $4,000.00. Mr. Fennell noted that this . estimate is based on the location suggested by the Planning Staff. Mr. Shaw -Kennedy noted that this estimate was given by Mr. Foster at a.previous Planning Commission meeting. He noted that he could not afford to close this entrance, since it was used as a safety value to control traffic from the main entrance of Hillcrest. Mrs. Diehl asked if there is a feasible access through the Christian Aid Mission property to this back parcel. Mr. Gaston stated that there isn't any access through this property, at this time. Mrs. Diehl stated that she did not feel asking the applicant to realign the entrance, to allow traffic more ease in entering the property, was an unreasonable request. Mr. Easter asked if the Commission required that this entrance be relocated and the applicant closed this entrance could the Commission place a condition on this approval to assure that this does not happen. Mr. Payne stated that if the Commission feels it is necessary to have two entrances and one of these entrances be realigned, they can make this a condition of approval. /-73 Mr. McCann stated that he feels as long as this entrance is marked "exit only" he could not place an additional burden on someone who is just trying to sell a piece of property. Mrs. Diehl moved for approval with the following conditions: 1. Relocation of service entrance at the southeast corner of "Parcel A" to the north subject to County Engineering Department approval; 2. Comply with private road ordinance including maintenance agreement; 3. Health Department approval of new parcels. Mrs. Graves seconded the motion, which carried with a vote of 5-2-1. Mr. Huffman and Mr. McCann dissented and Col. Washington abstained. There was no futher discussion. WESTOVER HILLS/lots 39 and 40 FINAL PLAT •- proposed division of 2 lots of 60,000 square feet each; located at the end of Westover Drive west of Route 675. Mr. Gaston presented the applicant's request. Mr. Kennon and Mr. Easter, the applicants, were present and had no comments. Mr. McCann moved for approval with the following conditions: 1. Health Department approval; 2. Virginia Department of Highways and Transportation approval of road plans; 3. No building permits issued until the roadway and cul-de-sac are completed and officially accepted by the Virginia Department of Highways. Mr Vest seconded the motion, which carried unanimously, with no further discussion. 114) NORTHWOOD NEIGHBORHOOD PRELIMINARY & FINAL PLATS - proposed division of 10 lots from 24.554 acres ranging in size from 2-4 acres; located south off Route 600 just east of Route 747. Mr. Gaston presented the applicant's request. Mr. Gridler, the applicant was present and had no comments. Mrs. Graves asked why the applicant wished to reserve the access. Mr. Gaston noted that sometime in the future the owner of the adjacent tract might wish to enter into a maintenance agreement with Northwoods. Mr. McCann moved for approval with the following conditions: 1. Re -name private road; 2. Comply with private road ordinance including: a) Virginia Department of Highways and Transportation commercial entrance approval; b) County Engineer approval; c) Maintenance agreement; 3. Access to adjacent property (Tax Map 33, Parcel 36A) to be reserved from private road subject to Planning Commission approval. Mr. Huffman seconded the motion, which carried unanimously, with no further discussion. l/f JERRY & ANNIE DOWELL ESTATE FINAL PLAT - proposed division of 2.001 acres from a larger parcel; located south off Route 633 and east of Route 29 near Covesville. Mr. Gaston presented the applicant's request. Mr. Skogen, the applicant's represent- ative, and Mr. Kirby, the applicant, were present. Mr. Vest asked if only two people would be using the road. Mr. Gaston stated that four people would be using the road (adjacent owners). Mr. Skogen stated that this property is owned by members of a family and the road is only used by this family. He also noted that all of the family members are willing to maintain the road and the bridge. Mrs. Graves stated that she felt another condition should be added stating "No futher subdivision without Planning Commission approval." Mrs. Graves moved for approval with the following conditions: 1. Health Department approval; 2. Comply with private road ordinance including; a) Virginia Department of Highways and Transportation commercial entrance approval; b) County Engineer approval; c) Maintenance agreement; 3. Tie the entrance to the road's centerline. Mrs. Diehl seconded the motion, which carried unanimously, with no further discussion. MIRAN FOREST PRELIMINARY PLAT - proposed division of 23 lots from larger parcel, average lot size of 5 acres; located southeast between Route 692 and 694 near Batesville. Mr. Gaston presented the applicant's request. Mr. Tom Shumate represented the applicant. Mrs. Diehl asked if the Surveyor's tape was on Route 692. Mr. Gaston noted that he found the tape in a grove of trees near Route 692. Mr. Huffman moved for approval with the following conditions: 1. Virginia Department of Highways and Transportation commercial entrance approval; 2. Road designed to County Engineer approval; 3. Comply with run-off control and soil erosion ordinance; 4. Change name of Willow Climb. Mr. McCann seconded the motion, which carried unanimously, with no further discussion. ALBERT A. BOWLES/PHILLIP BOYER FINAL PLAT - proposed division of 2.00 acres from larger parcel; located north off Route 250 at junction of Route 808 near Keswick. Mr. Gaston presented the applicant's request. Ms. Holowinsky represented the applicant and had no comments. Mr. Payne stated that he does not understand how this easement can abutt the subdivision. /T-5 Ms. Holowinsky stated that this easement is on Mr. Ford's property and the applicant has an agreement with Mr. Ford to use this easement. Mr. Easter asked if widening the easement. to 30 feet would be agreeable with the Commission, as a condition. Mr. McCann moved for approval with the following conditions: 1. Show setback line; 2. Health Department approval; 3. Comply with private road ordinance including: a) County Engineer approval; b) Maintenance agreement; 4. Widen easement at property entrance to adequately furnish 30 feet for road purposes. Mr. Vest seconded the motion, which carried unanimously, with no further discussion. NORA V. TERRELL, BILLY MOSES AND JOHN R. DYER FINAL PLAT - proposed addition of 0.14 acres to 3.86 acres to form 2 parcels 2.00 acres each; located west off Route 631 just north of the Hardware River near Red Hill. Mr. Gaston presented the applicant's request. Ms. Holowinsky represented the applicant Mr. Payne noted that this plat may be a case in which the Commission would want to consider a waiver of the maintenance agreement. Col. Washington asked why compliance with the private road ordinance is being recommended. Mr. Payne stated that an adjacent owner on Route 698 would have to grant an easement across a small portion of his property to the applicant. Mr. McCann moved for approval with the following conditions: 1. Health Department approval; 2. Comply with private road ordinance including County Engineer approval. Mr. Vest seconded the motion, which carried unanimously, with no further discussion. RUTLEDGE FARM PRELIMINARY PLAT - proposed division of 84.3 acres into 26 lots ranging in size from 2.2 to 7.8 acres; located west of Route 743 between Route 844 and 643. Mr. Gaston presented the applicant's request. Mr. Bishop, the applicant, was present and Mr. Sinclair, his representative, was also present. Mrs. Graves stated that she could not understand the duplication of lot numbers. Mr. Gaston noted that he agreed with Mrs. Graves, the lot numbers should not be duplicated. Mr. Easter asked what affect closing the entrance on Rt. 743 would have on the applicant. Mr. Bishop stated that he could not see any problem with entering through Bedford 17�, Hills, which is a much safer route. Mr. Bishop asked what requirements would the Highway Department have, if the entrance is changed. Mr. Payne stated that since this subdivision has more than 35 lots the roads will have to be brought up to Highway Department State standards. Mr. Payne asked the applicant what is the status of the roads in Bedford Hills and what right does he have to use them. Mr. Bishop stated that he is a joint owner in the Bedford Hills Corporation, which owns the roads in Bedford Hills. He noted that currently they are trying to creat a. Homeowner's organization. Mr. Parker, an adjacent owner, stated that if the entrance to Rt. 743 is closed he would either have to have a new entrance entering Rt. 743 or use the roads through Rutledge. He also noted that he is concerned about his water supply and the water lines that run through lot 1 from Bedford Hills. Mr. Bishop noted that the water lines would be re -run if necessary. Mr. Hemmer, an adjacent owner, stated that only the people in Bedford Hills who own property adjacent to this development were notified of this subdivision. He stated that he felt all the residents of Bedford Hills should be notified of this division, since the roads in Bedford Hills would be used by this subdivision and water supply would also be affected. Mr. Payne stated that he agreed with Mr. Hemmer because it is essential that all persons involved be notified of this subdivision. Dr. Moore noted that he wondered if the Commission has enough information to review this plan. Col. Washington stated that he would like to see the issue with the roads and water settled before the preliminary plat is approved. Mr. Easter noted that he would like to see some of these problems worked out before any action is taken by the Commission. Mr. Payne suggested that condition 3 have a provision to allow for an easement for water lines. He also noted that wording should be added to condition 9(b) to include landowners in Bedford Hills using the private roads in any maintenance agreement. NO ACTION WAS TAKEN ON THIS ITEM. FOOTHILL VILLAGE PRELIMINARY PLAT - proposed division of 14 lots from larger parcel; average lot size 48,607 square feet; located north off Route 691 and east of Route 684 near Crozet. Mr. Gaston presented the applicant's request. Ms. Holowinsky represented the ap- plicant, Mr. Withers, who was also present. Dr. Moore asked if there any plans for developing the property to the west, that would be coming before the Commission in the future. Ms. Holowinsky noted that there will not be any futher subdivision of the residue, since the applicant lives and operates a small farm on this property. Mr. McCann moved for approval with the following conditions: 1. Comply with soil erosion and run-off control ordinance; /I-A- 2.. Health Department approval; 3. Obtain Virginia Department of Highways and Transportation commercial entrance approval; 4. Provide road plans and obtain County Engineer approval; 5. Obtain Fire Official approval; 6. Change street name. Mr. Huffman seconded the motion, which carried with a vote of 7-0-1. Mrs. Graves abstained. There was no further discussion. COUNTRY VIEW PRELIMINARY PLAT - proposed division of 82.415 acres into 18 lots ranging in size from 2 to 4.5 acres; located west off Route 708 between Rts. 738 and 787. Mr. Gaston presented the applicant's request. Mr. Pappas, the applicant, and Ms. Holowinsky, his representative, were present. Mr. Payne noted that the easement on the plat is drawn like a pipestem, which is not lawful as a private road. He also noted that the back lot is also a pipestem. Mr. Easter noted that this is something that will have to be considered before this plat is brought back in for final approval. Mrs. Diehl asked what the capacity of Rt. 708 is at this time. Mr. Gaston stated that he was not sure of the road's capacity. Mr. McCann stated that something should be done about improving County roads before the roads become so over burdened that the last developer, on that road, becomes burdened with the responsibility of upgrading the roads.. Mr. Payne stated that this problem should be considered as each subdivision is developed. Ms. Holowinsky stated that there seems to be a penalty to have to mad frontage. She noted that upgrading the County roads should be a joint effort of all the developers on a road and not be left up to any one developer. Mr. Easter stated that getting the State to maintain roads seems to be difficult, but this is a problem that the Commission can not solve tonight. Mr. Pappas stated that Rt. 708 only goes 1� mile pass the entrance to his proposed subdivision. He noted that he has very little knowledge of the impact on Rt. 708, but he felt most of the impact would be on Rt. 250. He noted that he has no idea what the cost would be to develope the frontage on his subdivision. Mr. Easter suggested that the applicant have some preliminary estimates of cost,for development of the frontage of his property before this item comes back to the Planning Commission. Mrs. Diehl moved for approval with the following conditions: 1. Comply with run-off control and soil erosion ordinances; 2. Obtain Health Department approval; 3. Obtain commercial entrance approval from Virginia Department of Highways and Transportation; 4. Improve the frontage along Rt. 708 to establish the shoulder break point of 15 feet with the ditch being 18 feet from the center of the road, and provide sufficient right-of-way dedication along the turnlane to properly maintain the should exnand__ditch 178 as required by the Virginia Department of Highways and Transportation; Mr. Vest seconded the motion. Col. Washington stated that he did not think you could get to lot 8 as shown on the plat. He stated that he thought there was too much slope. Ms. Holowinsky noted that the roads will have to have County Engineer approval and he will not approve a road if the slope is too great. Ms. Holowinsky also stated that according to the topo this is the best location for the road. Mr. McCann noted that he would support Mrs-. Diehl's motion, but he was not sure if he would support the final plat. Mrs. Diehl amended her motion to include condition 5 (Comply with private road ordinance including: a) County Engineer approval; b) Maintenance agreement). Mr. Vest seconded the amended motion, which carried unanimously, with no further discussion. SHELTER ASSOCIATES AMENDED SITE PLAN - proposed office addition to woodworking shop; located on the northeast corner at the intersection of Routes 601 and 665 in Free Union. Mr. Gaston presented the applicant's request. Mr. Gordon, the applicant, was present. Mrs. Diehl asked what type spetic system is used by the office building at this time. Mr.; Gaston stated that the Health Department had given approval for the office building to connect to the shop's septic system. Col. Washington asked what is the criteria for parking. Mr. Payne stated that the ordinance requires one parking space per 200 feet of building space. Mr. McCann moved for approval with the following conditions: 1. Increase driveway width to 16 feet; 2. Comply with soil erosion and run-off control ordinance if applicable; 3. Landscape plan to be approved by the staff. Mr. Vest seconded the motion, which carried unanimously, with no further discussion. SP-78-72. BILLY F. & CAROL B. BRATTON to locate a mobile home on 2.001 acres zoned A-1. Property is located on the south side of Rt. 618, approximately a miles east of the intersection of Rts. 620 and 618. Mr. Gaston presented the applicant's request. Mr. Bratton, the applicant, was present and had no comments. Mr. Easter asked Mr. Bratton if he wished to locate a permanent mobile home on this parcel. lY-V Mr. Bratton stated that it was his intent to locate a permanent mobile home on this property. Mr. Huffman stated that since Mr. Bratton would be using a joint entrance with the adjacent property there wouldn't be any way his mobile home could possibly be screened from them for at least 6 to 7 years. Mrs. Diehl asked if there was any location on the property where the mobile home could be placed that would be scre^ned from adjacent property. Mr. Bratton stated that there isn't any place the mobile home could -be located that would be screened from his neighbor. He also noted that one day he would like to build a home on this property. Mr. Quelland, an adjacent owner, stated that he is currently building a $55,000 home, which is about 75 feet from the proposed location of the mobile home. He stated that he had no objections to the mobile home until he realized that it was the applicant's intent to locate a permanent mobile home on this property. He noted that his main concern is that his property will decrease in value. Mr. Easter asked the applicant if he just. brought a new mobile home. Mr. Bratton stated that has owned the mobile home for sometime and wished to locate the trailer on this property for his son, who is being married in the near future. Mrs. Graves asked Mr. Bratton if he would consider a temporary permit. Mr. Payne noted that a temporary permit i$ for an 18 month time period and construction on a home must be started within this time period. Mr. Bratton stated that this would be fine with him, since he would either have to begin construction or withdrawn his permit for a mobile home. Mrs. Diehl moved for approval of Mr. Bratton's request to withdraw his request for a permanent mobile home. Mr. Vest seconded the motion, which carried unanimously, with no further discussion. WINDHAM SITE PLAN - proposed highrise dwelling for adults; located in an existing structure west of Route 240 and south of the C: and O Railway tracks in Crozet. Mr. Gaston informed the Commission that the applicant's requested deferral of the above site plan. Mr. McCann moved for deferral. Col. Washington seconded the motion, which carried unanimously, with no further discussion. NEW BUSINESS - Hollymead Square Lighting Amendment. 9 Mr. Gaston noted that this lighting amendment was being brought to the Commission, because Vepco had informed the applicant they had to many lights. /90 Col. Washington moved for approval. Mr. McCann seconded the motion, which carried unanimously, with no further discussion. OLD BUSINESS - Pipestems (Rutledge Farm) Mr. Payne stated that Rutledge Farm was a good example of the problems caused by pipestems. He noted that when the frontage is developed the developer losses control over the frontage of the property. This leaves him with two problems, he doesn't have control over his roads and is left with a substandard subdivision. He stated that this is why it is so important for a developer to bring in plans for any further development of any residue acreage. Conflict of Interest Mr. Payne informed the Commission members that they are required to file a "Real Estate Disclosure Form", for the Conflict of Interest Act. He noted that this form should be completed and returned the the Clerk of the Circuit Court by December 31, 1978. Progress of Zoning Ordinance Col. Washington asked the Commission members to give him permission to draft a letter to the Board of Supervisors to notify them of the Commission's progress in reviewing the Zoning Ordinance. He also stated that the Board should be made aware that the Commission would not be able to meet the January 11, 1979 deadline. There was no further discussion and the meeting adjourned at 10:35. Rokert W. Tucker, Jr. - Secr'etar'y 91