HomeMy WebLinkAbout03 20 79 PC MinutesMarch 20, 1979
The Albemarle County Planning Commission held a regular meeting Tuesday, March
20, 1979, 7:30 p.m., Third Floor, County Office Building, Charlottesville, Virginia.
Those members present were Mr. Layton McCann; Col. William Washington, Chairman; Mr.
Charles Vest; Mr. Kurt Gloeckner; Mr. Jim Skove; Mrs. Norma Diehl, Vice -Chairman; and
Mrs. Joan Graves. Those members absent were Mr. James Huffman; Dr. James Moore; and
Mr. Tim Lindstrom, Ex-Officio. Other Officials present were Miss Mason Caperton, Planner;
Mr. Ronald Keeler, Assistant Director of Planning; 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.
AnAMS FINAL PLAT - located south off Route 631, south of Charlottesville.
Miss Caperton presented the applicant's request. Mr. Adams, the applicant, was
present.
Mr. Adams noted that he feels he has reached an agreement with adjacent owners
concerning the road. He noted that he has no plans for his property, at this time, but
may eventually build a home.
Mr. Vest moved for approval with the following conditions:
1. The plat will be signed when these conditions have been met:
a) Virginia Department of Highways and Transportation approval of the commerical
entrance;
b) Compliance with private road requirements;
1) Written County Engineer approval of private road specifications;
2) Maintenance agreement to be approved by the County Attorney;
3) Bonding requirements;
c) Written Health Department approval; (has been received)
d) Waiver of pipestem lots 1-A and 1-B granted;
e) Joint agreement to construct a single commercial access and widen the private
road to be reviewed by the County Attorney.
Mr. McCann seconded the motion, which carried with a vote of 6-0-1. Mr. Gloeckner
abstained. There was no further discussion.
INLAND SERVICE CORPORATION SITE PLAN AMENDMENT - located on Rt. 250 West.
Miss Caperton presented the applicant's request. Mr. Michie and Mr. Darnell, the
applicant's representatives, were present. Mr. Rothwell, the applicant, was present.
Mr. Bain, Mr. Javor's (adjacent owner) representative, stated that the loading
dock that is proposed blocks Mr. Javor's right-of-way through the property. He noted
that additional parking spaces are needed and should be required. Mr. Bain noted that
vehicles are being parked along the private and public roadway.
Mr. Javor, an adjacent owner, stated that the original site plan did not have a
loading dock. He noted that the loading dock is presently in violation of the Zoning
Ordinance. Mr. Javor also noted that a drainage problem has arisen, where water is
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running off of Inland Service's parking lot on to his property. Mr. Javor stated
that the vehicles that are parked along the 30 foot right-of-way obstruct the access
to his property. He also noted that he has counted 20 trucks and 14 passenger vehicles
parking in this area and the site plan allows for only 7 parking spaces.
Mr. Bain read Section 11-8-5 of the Zoning Ordinance, into the record as follows:
"All loading and unloading berths shall be surfaced with a bituminous or other dust
free surface, and if the loading berths front on a public street, the trucks shall at
no time project onto the sidewalk or street."
Mr. Michie noted that the original warehouse has existed for 15 years. He noted
that thq original warehouse had doors at the front and site for loading and unloading.
He noted that he client is here to amend his site plan to correct the error of the
loading dock not being shown on the plan. Mr. Michie stated that in reference to Mr.
Bain's previous statement, the loading dock is 95 feet from Folly Road and could not
hinder passage of vehicles on a public.road. He commented that this road is strictly
a right-of-way for Mr. Javor's use and does not serve the public. He noted that Mr.
Rothwell has added several employees since the site plan was approved with only seven
parking spaces. He noted that the dock has a catch basin and pipe, which drains away
from Mr. Javor's property. Mr. Michie noted that these matters, are not concerns of the
Commission and he feels that they should be concerned with approving his client's
amended site plan.
Mr. Javor noted that he feels injured by the manner in which his right-of-way
has been abused.
Mr. Payne noted that there is no doubt that the road being discussed is a private
right-of-way. He noted that Section 11-8-4 of the Zoning Ordinance, is a control section.
He noted that if there is a dispute over the right-of-way it should be addressed in
Circuit Court. He also noted that the Commission should consider an adjacent owners
property rights, but he feels the Staff's conditions speak to these concerns.
Mr. Skove asked what the width of the pavement is at its narrowest point.
Miss Caperton noted that it is.10 feet.
Mrs. Graves asked if the building was built 15 years ago wouldn't it be considered
a non -conforming use. .
Mr. Payne noted that the dock is a portion of an addition that was approved by the
Planning Commission in 1976. He noted that this would then be considered a conforming
use.
Mr. Gloeckner moved for approval with the following conditions:
1. The pavement be extended as close to its full 30 foot width as possible, from the
point where the 50 foot easement becomes a 30 foot easement; in order to give access
to the rear of the property; specifications are subject to the approval of the
County Engineer;
2. Compliance with the Scenic Highway requirements of 50 foot parking setback;
3. All improvements made since the original approval shall be shown on the site plan.
Mr. McCann seconded the motion.
Mrs. Graves suggested that "as well as required parking" be added to condition #3.
(Mr. Gloeckner amended his motion to include the above.)
Mr. Gloeckner's motion carried unanimously, with no further discussion.
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BARRACKSIDE FARM FINAL PLAT - located at the -end of Route 658,sogth of -Route 676;
proposed division of 4 parcels with an average lot size of 100+ acres
Miss Caperton presented the applicant's request. Mr. Lincoln, the applicant's
representative, and Mr. Carr, the applicant were present. Mr. Gloeckner disqualified
himself from discussion on this item.
There was no discussion among the Commission members.
Mrs. Graves moved for approval with the following conditions:
1. The plat will be signed when the following conditions have been met:
a) Waiver of scale granted;
b) Maintenance agreement to be approved by the County Attorney;
c) Virginia Department of Highways and Transportation approval of access on Route
676 and frontage improvements, at the time an entrance permit is applied for;
d) Health Department approval;
e) Dedication of 25 feet from the centerline on Route 676;
f) Waiver of private road requirements except one dwelling per parcel note which
should be shown on the plat ("Not more than one dwelling per parcel, without
Planning Commission approval."); (and the maintenance agreement).
Mr. Vest seconded the motion, which carried unanimously..
Mr. Carr stated that he has no objections to the 25 foot dedication and he also
noted that he would rather not have to make any road improvements until they are warranted.
There was no further discussion.
SHIPP FINAL PLAT - located on Route 641 east off Route 20 North; proposed division
of five parcels of 2+ acres each.
Miss Caperton noted that the applicant has requested deferral until April 17, 1979.
Mrs. Diehl moved for deferral.
Mr. Vest seconded the motion, which carried unanimously, with no further discussion.
"PEAR TREE HOUSE" FINAL PLAT - located on Old Ivy Road behind the Ivy Inn; proposed
redivision of lots lA and 2 into two parcels, 33,775 square feet and 21,248 square feet.
Miss Caperton presented the applicant's request. Ms. Holowinsky, the applicant's
representative, was present and had no comments.
There was no dissussion among the Commission.
Mr. McCann moved for approval with the following conditions:
1. The plat will not be signed until the following conditions have been met:
a) Waiver of scale granted;
b) Both parcels shall be served by public water and sewer;
c) Access to parcels lAl and 2A shall be through 42.5 foot easement only;
d) County Engineer approval of road specifications;
e) Compliance with entrance and frontage improvements as approved by the Board of
Supervisors on the Professional Office Building Site Plan.
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Mrs. Diehl seconded the motion, which carried unanimously, with no further
discussion. -
TRAVIS REED FINAL PLAT - located on the south side of Route 662 west of Route 660;
proposed division of two parcels, 3+ and 5+ acres each.
Miss Caperton presented the applicant's request. Mr. Reed, the applicant, and Ms.
Holowinsky, his representative, were present.
Miss Holowinsky stated that she had spoken with the Highway Department concerning
the frontage improvements for this property. She noted that the Highway Department
stated that the existing entrance.is adequate. Ms. Holowinsky noted that she could not
see the purpose of requiring 74 feet of frontage improvements that are not needed.
Miss Caperton read the Highway Department's recommendations from their letter of
March 7, 1979, into the record as follows: "Sight distance is adequate for private
entrance. A private entrance exists at this point. We recommend frontage improvements
placing the shoulder break point at 15 feet from the center of the existing road, ditch
at 18 feet."
Col. Washington asked if there is a ditch along this section of the road.
Mr. Reed noted that there is no ditch and there has never been a problem with
drainage.
Col. Washington questioned whether the Highway Department's recommendations
apply in this case.
Mrs. Graves moved for approval with the following conditions:
1. The plat will be signed when the following conditions have been met:
a) Compliance with the private road ordinance including:
1) A maintenance agreement to be approved by the County Attorney;
2) County Engineer approval of the access road;
3) Bonding requirements if necessary;
b) Virginia Department of Highways and Transportation approval of frontage improve-
ments; (an adequate entrance exists);
c) No buildings are to be constructed on slopes of 25 percent or greater.
Mrs. Diehl seconded the motion.
Mr. McCann stated that he has a problem with condition #lb. He stated that he feels
may require the applicant to construct a 14 foot ditch in an area that does not drain,
Mr. Vest noted that he feels the Highway Department will have problems requiring
frontage improvements where they are not necessary for public safety.
Mrs. Graves noted that frontage improvements were required for Fairgrove, which is
located down the road from this division. She noted that if they are required in one
place they should be required further down the road also.
Col. Washington noted that normally he would support the Highway Department's
recommendations, but under the circumstances he could not support their recommendation
on this plat.
Mr. McCann made a substitute motion to delete condition lb.
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Mr. Vest seconded the substitute motion, which carried with a vote of 4-3.
Mrs. Diehl, Mrs. Graves, and Mr. Skove dissented. There was no further discussion.
C. C. KIRTLEY FINAL PLAT - located west of Route 729 south of Nix. Proposed
division of one 30 acre parcel leaving 135+ acres residue.
Miss Caperton presented the applicant's request. Mr. Sinclair and Mr. Cropp, the
applicant's representatives, were present.
Mr. Sinclair stated that he would like the Commission to waive the Health Department
approval and the private road agreement, since only one individual is involved. He noted
that the septic system was recently approved.
Col. Washington asked Mr. Payne if Health Department approval can be waived by the
Commission.
Mr. Payne noted that it could.
Mr. Skove moved for approval with the following conditions:
1. The plat will not be signed until this condition has been met:
a) Dedication of 25 feet from the centerline of Route 729.
Miss Caperton read the Highway Department comments from their letter of March 7, 1979,
into the record as follows: "We recommend frontage improvements to the parcel, placing
the shoulder break point 15 feet from the center line of the existing road, ditch at 18
feet."
Mr. McCann seconded the motion, which carried unanimously, with no further discussion.
FOREST LODGE FINAL PLAT - located west of Route 742; plat showing the location of
well lot #5.
Miss Caperton presented the applicant's request. Mr. Sinclair, the applicant's
representative, was present.
Mr. Sinclair stated that the purpose of this subdivision is to bring this water
system up to state standards. He also noted that this water system has been in operation
for a number of years.
Mr. Keeler noted that this water system has never been approved by the BpjjX4,of
Supervisors. He noted that an application was to have been applied for, but the
applicant never folled through.
Mr. Payne noted that this water system was developed illegally several years ago.
He stated that the applicantg were put on notice that the County was aware of this
and it was the applicant's choice to have this system brought up to state standards.
Mr. Rassmussen, representative of farmers in the area, stated that this is not a
functioning well and has never been previously used. He noted that the Board of Super-
visors have never taken any action on this well. Mr. Rassmussen stated that it is his
understanding that the entire system has never been approved by the Board. He noted
that his clients are concerned with the decrease in water level, which is occurring
annually. He noted that if the Commission would tell the applicant that they will
not approve any more piece mell development until the entire system is approved by the
Board of Supervisors, it might convince the applicant to do so.
Mrs. Jensen, an adjacent owner, noted that her property adjoins this property
and every summer she has had to transport water from town.
Mr. Sinclair noted that the applicant does not wish to increase the number of
connections to his system, but in order to come up to state standards, he needs
an alternate water supply.
Mr. Payne stated that what is before the Commission -is simply a subdivision. He
noted that the Staff has placed conditions on this subdivision that should alleviate
some of the problems with the water system. He noted that this well involves a conveyance
and not a dedication to public use.
Mr. McCann moved for approval with the following conditions:
1. The plat will not be signed until the following conditions have been met:
a) County Attorney approval of well dedication and deed; including access to the
well lot;
b) Approval of the central water supply system by the Board of Supervisors in
accordance with Chapter 10 of the Code of Albemarle County.
Mrs. Diehl seconded the motion, which carried with a vote of 5-1-1. Mr. Vest
abstained and Mrs. Graves dissented. There was no further discussion.
Mrs. Graves left the meeting.
CARRSBROOK RESIDENTIAL SITE PLAN-- located off Gloucester Road in the Carrsbrook
Subdivision; site plan proposal showing 3 dwelling units (one existing).
Miss Caperton noted that the applicant has requested withdrawal of his site plan.
Mr. Vest moved for acceptance of the withdrawal.
Mr. McCann seconded the motion, which carried unanimously, with no further discussion
McCLELLAN FINAL PLAT - located off Gloucester Road in the Carrsbrook Subdivision;
proposal for a division of 2 parcels (Section 6, Block D, Lot 7), 3.759 acres and .918
acres.
Miss Caperton presented the applicant's request. Mr. McClellan, the applicant, and
Mr. Sinclair, his representative, were present.
Mr. Payne noted that if this parcel is to be served by public water an easement needs
to be shown on the plat.
Mr. Sinclair stated that his client requests a waiver of the private road requirement:
since only one residence is shown on the plat.
Mr. Baker, an adjacent owner, asked if the note on the plat concerning the 30 foot
ingress, egress is only for this property. He also asked if Mr. McClellan in the future
could divide off an additional lot without Planning Commission approval. Mr. Baker
stated that he feels the applicant should divide this property along the original
division lines (Carrsbrook). He stated that the applicant is purposing plans that
are in conflict with the Carrsbrook deed restrictions.
Mr. Payne stated that it would be inappropriate to waive the private road
requirements because there would be two uses on the road.
Mrs. Diehl moved for approval -with the following conditions:
1. The.platwill not,be signed until the following conditions have been met:
a) Compliance with the private road ordinance including:
1) Maintenance agreement to be approved by the County Attorney's office;
2) County Engineer approval of road specifications;
b) Owners notarized signatures
c) Waiver of 18-36(d) granted;
d) All utility easements shall be included on the plat.
Mr. Vest seconded the motion, which carried unanimously, with no further discussion.
COMMONWEALTH PROPERTIES SITE PLAN - located west of Route 29 North (Tax Map 32,
Parcel 22C(2)); proposed warehouse, shipping facility and parking for office building.
Miss Caperton presented the applicant's request. Mr. Rotgin and Mr. Wagner, the
applicant's, were present.
Mr. Rotgin stated that according to the BOCA code the proposed building is not
large enough to warrant handicap facilities. He also stated that he is not aware
of any section of the Zoning Ordinance.that requires 6 inches stone with prime and
double seal. Mr. Rotgin also commented that he can not understand why future parking
plans can not be approved, since he is not certain as to the use of the building,
Miss Caperton stated that the six inches of stone, with prime and double seal was
recommend at Site Review, because of the heavy trucks that would be passing over the
septic system. She also noted that landscaping is needed in the lower areas, as well
as additional landscaping around the building. Miss Caperton noted that there was no
indication of the number of parking spaces proposed in the future parking area and the
access to the property needs to be clarified.
Mr. McCann stated that there are too many possibles. He noted that the Commission
needs to know what they are approving.
Mr. Rotgin noted that he does not know what the buildings would be used for and
the use could change the entrance. He asked if condition d could be changed to state:
"paved areas to be approved by the County Engineer." He also noted that white pines have
been shown along the boundary of the property bordering the trailer court.
Mr. Wagner noted that he does not feel the type of landscaping being requested is
necessary in the M-2 zone.
Mrs. Diehl moved for approval with the following conditions:
1. A building permit will not be issued until the following conditions have been met:
a) Fire Offical approval of the location and screening of dumpster, location of
hydrant, and handicap facilities;
b) Dumpster must be moved to a location where it won't obstruct the driveway;
c) Service Authority approval of water plans;
d) Pavement specifications to be approved by the County Engineer;
e) Virginia Department of Highways and Transportation approval of entrance on
Northside Drive;
f) Written Health Department,approval of septic area;
g) Landscape plan subject to Staff approval; 411 to 6' white pines, 15 feet on center
on all sides, exclusive of the 50 foot right-of-way;
h) Approval of this site plan does not include "future parking area;"
i) Staff approval of access to the property.
Mr. Vest seconded the motion, which carried unanimously, with no further
discussion. wo
FASHION SQUARE MALL AMENDED SITE PLAN - located in the southeast quadrant of Route
631 and U. S. Route 29 North; proposed addition of approximately 60,000 square feet of
retail area.
Miss Caperton presented the applicant's request. Mr. Browder_ and Mr. Lounsbury,
the applicant's representatives, were present and had no comments.
There was no discussion among the Commission.
Mr. McCann moved for approval with the following conditions:
1. Compliance with the nineteen (19) conditions approved by the Board of Supervisors,
August 7, 1978;
2. Prior to the issuance of any building permits, including special footings and
foundation permits, the applicant shall submit 3 copies of the revised 40 scale
site plan showing:
a) Deletion of small parking areas as shown on plan A, dated March 14, 1979, NMC
and replace with landscaped areas; adjust parking schedule accordingly;
b) All technical data as required by Article 17 of the Zoning Ordinance;
c) Extend island at Squire Hill Connector entrance to encourage traffic flow
around the circumferential road, as shown on plan dated October 2, 1978, RSK.
Mr. Gloeckner seconded the motion, which carried unanimously, with no further
discussion.
OLD BUSINESS - RIVES GENTRY SITE PLAN AMENDMENT
Miss Caperton informed the Commission that the building has been shifted 20 feet
toward the property line. She also noted that the applicant has met with the adjacent
owners and they have no objections to this change.
Mr. McCann moved for approval.
Mr. Gloeckner seconded the motion, which carried unanimously, with no further
discussion.
There was no further discusssion and the meeting adjourned at 11:15 p.m.
ert W. Tucker, Jr. -
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