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12 21 78 PC Minutes
le/ December 21, 1978 The Albemarle County Planning Commission held a regular meeting, Thursday, December 21, 1978, 7:30 p.m, Third Floor, County Office Building, Charlottesville, Virginia. Those members present were Mrs. Norma Diehl; Mr. Layton McCann; Mr. Kurt Gloeckner; Col. William Washington, Vice -Chairman; Dr. James Moore; Mrs. Joan Graves; and Mr. James Huffman. Those members absent were Mr. Charles Vest and Mr. Peter Easter, Chairman. Other Officials present were Miss Mason 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 November 28, 1978 and December 11, 1978 were deferred until January 9, 1979, Planning Commission meeting. BARCLAY PLACE AMENDED SITE PLAN - proposed amendment to approved plan; located near the intersection of Routes 743 (Hydraulic Road) and 656 (Georgetown Road). Miss Caperton informed the Commission that the applicant had requested that the above item be deferred indefinitely. Mrs. Diehl moved for deferral. Mr. Gloeckner seconded the motion, which carried unanimously, with no further discussion. PROFESSIONAL OFFICE BUILDING SITE PLAN - proposal for a 3 story professional office building; located behind the Ivy Inn between Route 250 West and Old Ivy Road. Miss Caperton informed the Commission that:.the applicant had requested deferral of the above item until January 23, 1979. Mr. Gloeckner moved for deferral. Mrs. Diehl seconded the motion, which carried unanimously, with no further discussion. MCFARLAND FINAL PLAT - proposed division of one 21 acre parcel, leaving 100+ acres residue; located off Route 250 West on Turners Mountain near Ivy. Miss Caperton presented the applicant's request. Mr. Alford, the applicant's representative, was present. Mr. Alford stated that the applicant owns the road in fee simple. He noted that there are seven adjoining owners who have an agreement to maintain this road. He requested that the Commission waive the private road requirements. Dr. Moore suggested that this item be set aside until Mr. Payne arrived, in order to hear his comments on this matter. 19z, A. W. DAWSON PROPERTY FINAL PLAT - proposed subdivision of one 9 acre parcel to be joined to an adjacent property, leaving 149+ acres residue; located west off Route 630 near Schuyler. Miss Caperton presented the applicant's request. Mr. Arbaugh, the applicant, was present. Mr. Gloeckner asked which portion of the Ordinance required this subdivision be brought before the Commission. Miss Caperton noted that this is pipestem lot and needs Commission approval. Mr. Arbaugh stated that when he originally brought this piece of property he had a right-of-way. Later two families brought property adjacent to this and he gave them Permission to use this right-of-way. He noted that Mr. Dawson is giving him 9 acres and an additional right-of-wav to reach his property. Mr. Gloeckner moved for approval with the following conditions: 1. Waiver of scale granted; 2. Waiver of pipestem lot granted; 3. Change Deed Book reference of John Arbaugh property to 463-571. Mr. McCann seconded the motion, which carried unanimously, with no further discussion. FORD MOTOR COMPANY FINAL PLAT - proposed subdivision of three parcels, Tract 2 to be -used by the Ford Motor Company; located at the northeast corner of the intersection of Routes 29 North and 649. Miss Caperton presented the applicant's request. Mr. Hill and Mr. Ewing represented the applicant. Mr. Hill stated that when he first went to the Highway Department to receive an entrance permit to this property they told him they would only need a 25 foot dedication. He stated that now it seems they want something else. Col. Washington noted that he thought he Highway Department had said they would like all three tracts to have entrances on Rt. 649. Mr. Hill stated that he was aware of this and had been working on these entrances, but would not have any thing worked out definitely until site plans are submitted. Dr. Moore moved for approval with the following conditions: 1. Virginia Department of Highways and Transportation approval of entrance location for 2. Waiver of double frontage required; Tract 3; 3. Service Authority approval for Tracts 1 and 3; 4. Written Health Department approval. Mr. Gloeckner seconded the motion, which carried unanimously, with no further discussion. 19 /5'� MCFARLAND FINAL PLAT Mr. Payne entered the meeting and the Commission continued discussion on this item. Mr. Alford stated that Mr. McFarland had a convenant with the landowners along the road since 1960, to maintain the road, which he enforced. He noted that he feels this method of insuring road maintenance is much better than a maintenance agreement. Mr. Payne stated that he could see no problem with waiving the ordinance (private road requirements). He noted that he would check into this convenant, but couldn't see any reason, at this time, why the Commission could not grant this waiver. Mrs. Graves moved for approval with the following conditions: 1. Compliance with private road requirements, subject to waiver of ownership fee of road; 2. Written Health Department approval. Mr. McCann seconded the motion, which carried unanimously, with no further discussion. HARRY ARCHER FINAL PLAT - proposed subdivision of 8+ acres to be served by a CCC road leaving 590+ acres residue; located on a CCC road east of Brown's Cove. Miss Caperton presented the applicant's request. Mr. Leroy Hamlett represented the applicant and had no comments. There were no comments from the Commission. Mrs. Graves moved for approval with the following conditions: 1. Virginia Department of Highways and Transportation approval of entrance location on the state road; 2. Need owner's notarized signature; 3. Note on Plat: "No further division or access for 8+ acre lot or residue on the CCC road without Planning Commission approval;" 4. The applicant shall provide information to the satisfaction of the County Attorney of legal access to property. Mrs. Diehl seconded the motion, which carried unanimously, with no further discussion. JIM HAHN FINAL PLAT - proposed subdivision of 4 lots, 2+ acres each leaving 44.23 acres residue; located north of Route 614 near White Hall. Mr. Payne disqualified himself from the discussion on this item. Miss Caperton pre- sented the applicant's request. Mr. Hahn, the applicant, was present and had no comments. Ms. Holowinsky represented the applicant. Mrs. Graves noted that if the owner of the residue ever wanted to use the pipestem as an access it could cause problems. Col. Washington asked what the lenght of the pipestem is. Ms. Holowinsky stated that on lot 3 it is 30 feet. Dr. Moore asked what would be used as the access to the 44 acre residue. Ms. Holowinsky stated that driveways to the existing dwellings on this property would be used as access. Mr. Hahn stated that he would not object to restricting the pipestem to extend no further than the existing lots. Mr. Gloeckner moved for approval with the following conditions: 1. Written Health Department approval of the septic facilities; 2. A waiver is granted of pipestem lots (lots #3 and residue); 3. A maintenance agreement to be approved by the County Attorney's office and 140) recorded for lots 3 and 4; 4. Written County Engineering Department approval of the road specifications of the 30 foot private easement serving lots 3 and 4; 5. A waiver of lots 1 and 2 entering into the private road is granted. Mr. McCann seconded the motion, which carried unanimously, with no further discussion. IVY FARM FINAL PLAT - proposed redivision of lots 24,25,26,27 into six lots on Still - house Road in Ivy Farm; located off Route 658 on Stillhouse Road, Ivy Farm, Phase I. Miss Caperton presented the applicant's request. Mr. Sinclair represented the applican and had no comments. Mr. Fernald, an adjacent owner, stated that the lots proposed in this redivision are not in keeping with lot size of other lots in this area and he was interested in knowing if the smaller lots will become a trend. Mrs. Graves stated that she had heard Dr. Hurt was having some difficulty selling the five acre lots in Ivy Farm and had mentioned that he would have to subdivide them. Mrs. Garth, an adjacent owner, stated that she is concerned about ground water. Col. Washington asked Mrs. Garth if she had a reason for this concern. Mrs. Garth stated ground water seems to be a problem with any development which has individual wells. Mr. McCann moved for approval of this plat as submitted by the applicant. Mr. Huffman seconded the motion, which carried with a vote of 6-0-1. Mrs. Graves abstained. There was no further discussion. WAVERLY PRELIMINARY PLAT (formerly Gersanndy) - proposed subdivision of 73 lots with an average lot size of 3.55 acres; located south off Route 614 (White Hall Road) west of Owensville. Mr. Gloeckner disqualified himself from discussion on this item. Miss Caperton presented the applicant's request. Mr. Lincoln and Mr. Boggs represented the applicant. Mrs. Diehl asked what the traffic count is on Rt. 614. Mr. Lincoln noted that it is approximately 1,000 vtpd. Mr. Lincoln stated that this subdivision consists of 73 lots served by private roads. He noted that a left turn lane is proposed and they have received preliminary approval from the Highway Department for their entrance. Mr. Lincoln also noted that the lots bordering on the Mechum's River have a 100 foot setback from the river. /9s Mr. Boggs, the applicant's representative, stated that he objects to having state roads in this development. He commented that state roads would have a greater impact upon the lots and would require removal of more trees. Mrs. Graves stated that she had received correspondence from Mrs. Lilleleht, an adjacent owner, raising many questions about this subdivision. Mr. Summers, an adjacent owner, stated that he is concerned with water supply. Ms. Kennan, an adjacent owner, stated that she is concerned about the depletion of the water supply, which can easily happen with a development of this size. Mrs. Graves stated that she couldn't support the development proposal with small lots bordering a river. Mr. Boggs stated that the depth of a lot is much more important than the size. He noted that a lot that is five acres and is narrow is much worse than deep smaller lot. Mrs. Diehl stated that she would be willing to vote on the preliminary plat, but stated she was not sure she could support a final on a plan that would increase traffic count by 1/3 and require mobile classrooms at the schools in the area. Dr. Moore noted that he shared Mrs. Diehl's opinion. Mr. Huffman stated that he couldn't understand the purpose of the cul-de-sac. Miss Caperton noted that since the road entering the subdivision is a state road a cul-de-sac is required. Mr. McCann moved for approval. Mr. Huffman seconded the motion, which was defeated by a vote of 3-3. Mrs. Graves, Mrs. Diehl and Col. Washington dissented. Mrs. Graves stated that she could not support the motion, because she could see the possibility of problems in the future. Col. Washington stated that he would rather see this item deferred and have the additional benefit of a site plan. Dr. Moore moved for deferral until January 9, 1979. Mrs. Graves seconded the motion, which carried with a vote of 4-2. Mr. McCann and Mr. Huffman dissented. BLUE RIDGE ESTATES PRELIMINARY PLAT - proposed subdivision of 12 lots, approximately 2+ acres each; located on State Route 692 near Greenwood. Miss Caperton presented the applicant's request. Ms. Holowinsky represented the applicant. Mr. Peatross, a representative of the adjacent owners, stated that his clients are concerned about ground water. He noted that they are dependent upon ground water for their water supply and they don't believe there is an adequate water supply for this development. He noted that his clients are also concerned about the roads. Mr. Peatross noted that if /e(© this subdivision is approved 87 additional vtpd will be added to a road that is already above capacity now. Mr. Peatross noted that Section 18-39 (Subdivision Ordinance) protects the County from having to deal with overloaded roads. He noted that if the Commission should chose to approve this subdivision they should require that the road be upgraded to carry this additional traffic. He also stated that his clients are opposed to the unusal shape of the lots. Mr. Peatross noted that this is also spoken to in Section 18-39. Mrs. Graves asked if the cul-de-sac is temporary. Miss Caperton stated that since this subdivision has private roads she is not really sure. Mr. Payne noted that the cul-de-sac, as shown, would be required to participate in a maintenance agreement. Col. Washington stated that he believes the cul-de-sac should be moved back to serve only the 12 lots and not the residue. Col. Washington asked if there is a precendent for bringing in proof of the availabili of water for approval before a building permit is issued. Mr. Payne stated that he believes there have been subdivisions approved in the past, that required proof of the availability of water before the building permit is issued. He noted that if this is required a note should be placed on the plat to that effect so any future purchasers would be protected. Mrs. Graves stated that she would like to hear from the Highway Department on any plans they have for improvement of the road. *00 Col. Washington noted than when the staff presented their 17 or 18 recommendations for the RPN, one of them specifically called for the improvement of the intersection of Route 691 and 692, in the 1st phase of development. He asked if staff would still be holding the same position on this development. Miss Caperton noted that the staff is treating this subdivision as a separate item and the Highway Department did not recommend upgrading this intersection. Mrs. Diehl stated that she would like to see some figures on road capacity before approving this preliminary plat. Mrs. Diehl moved for deferral until January 9, 1979. Dr. Moore seconded the motion. Mr. McCann stated that he feels the Commission has set a course of picking items apart. He stated that they should either approve or deny this plan and he could not support deferral. Col. Washington stated that he didn't think any issues were raised that weren't worth considering. He stated that he would like to see the concerns about roads and water cleared up. This item was deferred until January 9, 1979 be a vote of 4-3. Mr. McCann, Mr. Huffman and Mr. Gloeckner dissented. There was; no further discussion. /9 �L SEMINOLE TRAIL VOLUNTEER FIRE DEPARTMENT AND CHARLOTTESVILLE-ALBEMARLE RESCUE SQUAD SITE PLAN - proposed location of the above; located off Berkmar Drive northwest of Char- iottesviiie. Miss Caperton presented the applicant's request. Dick Blanchard and Sam Darnell represented the applicant. Mr. Blanchard stated that they would like to see the site plan approved. He noted that the fire department and rescue squad had met with residents of Berkely and believed they had reached some agreements. Mr. Gloeckner asked if they could delete some parking and save the large tree that is adjacent to the building. Mr. Cornell, an adjacent owner, stated that since the fire department and rescue squad had agreed to buffer themselves from adjacent property, he no longer had any com- plaints. Mr. Darnell noted that they would do all they could to save the tree. Dr. Moore asked if they are in agreement with the conditions. Mr. Darnell stated that they are agreeable with all of them. Mr. Gloeckner moved for approval. Mr. Payne noted that a condition should be added to require a 20 foot setback of parking from adjacent properties. Mr. McCann seconded the motion, which carried unanimously, with the following conditions: 1. Albemarle County Service Authority approval of water and sewer plans; 2. Landscape plan is subject to staff approval; including a buffer between residential areas; note on plan: "Landscaping shall be maintained in a healthy condition, to be replaced if it should die;" 3. Fire Official approval of location of hydrants and handicapped facilities, the minimum number as required; 4. Grading permit; 5. County Engineering Department approval of drainage system and curbing; 6. Virginia Department of Highways and Transportation approval of drainage system and curbing; 7. Note zoning of adjacent tracts; 8. Only those areas where a structure, utilities, streets, sidewalks, parking areas, and other physical improvements are to be located as shown on the plan shall be distrubed; all other land shall remain in its natural state; 9. During construction, reasonable action should be taken to protect and maintain specified trees with stakes and ropes particularly near existing residential areas; 10. Parking lot be adjusted to provide 20 foot buffer from residential areas. 11. Compliance with SP-78-70; 12. Signs must comply with requirements set forth in the Zoning Ordinance; 13. Alignment of future extension of Commonwealth Drive for public access to be approved by Virginia Department of Highways and Transportation. There was no further discussion. NEW BUSINESS - Mrs. Graves meeting with residents of Berkley and the Fire Department Mrs. Graves stated that she attended a meeting between the residents of Berkley and the Fire Department and Rescue Squad. She asked Mr. Payne if this would be considered a conflict of interest. Mr. Payne stated that aren't any real restrictions on meeting with citizens groups. He stated that he would be hesitant to say meeting with citizens concerning the Zoning Ordinance are not conflicts of interest. There was no further discussion and the meeting adjourned at 10:20. Rob rt W. Tucker, Jr. - S cret y r