HomeMy WebLinkAbout03 27 79 PC MinutesMarch 27, 1979
The Albemarle County Planning Commission held a regular meeting Tuesday, March
27, 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; Dr. James Moore; Mr. Jim Skove; Mrs. Norma Diehl, Vice -Chairman; and
Mrs. Joan Graves. Those members absent were Mr. Kurt Gloeckner; Mr. James Huffman;
and Mr. Tim Lindstrom, Ex-Officio. Other Officials present were Mr. Robert Tucker,
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.
The minutes of February 6, 1979 were approved as written and the minutes of
February 13, 1979 were approved as corrected.
WOODVALE LAND CORPORATION FINAL PLAT - proposed change in access easement;
located on 250 West, east of Route 677 near Farmington.
Mr. Tucker noted that the applicant has requested deferral.
Mr. Kirtley, adjacent owner, stated that he would like the Commission to be aware
that a sales contract is,being processed for the property.
Mrs. Diehl moved for deferral until April 10, 1979.
Mr. Vest seconded the motion, which carried unanimously, with no further discussion.
CALEB STOWE PARCELS A & B FINAL PLAT - proposed division into 2 lots at 7.298 acres
and 21.474 acres; located north off Route 240 just east of Morton's.
Mr. Tucker presented the applicant's request. Mr. Foster, the applicant's
representative, was present.
Mr. Foster noted that the applicant is requesting this subdivision in. order to
obtain a-partial..release of the deed of trust. He noted that this division would be
using the existing entrance and a plat will be submitted next month showing a division
of the property located behind this property.
Mrs. Graves asked if a commercial entrance would be required when the subdivision
is submitted next month.
Mr. Foster noted that the Highway Department has already reviewed the applicant's
request for an entrance permit to this adjoining property.
Mrs. Graves moved for approval with the following conditions:
1. Maintenance agreement approved by the County Attorney's office;
2. Change note on plat to read: "No further division without Planning Commission
approval;"
3. Health Department approval of Parcel A.
Mr. McCann seconded the motion, which carried unanimously, with no further discussion.
CARDINAL RECYCLING CENTER FINAL PLAT - proposed redivision of 2 lots into 1.18
acres and 2.32 acres; located at the end of East Market Street near Charlottesville.
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Mr. Tucker presented the applicant's request. Mr. Coiner, the applicant was present.
Mr. Payne disqualified himself from discussion on this item.
Mr. Skove asked if Broadway deadends.
Mr. Tucker noted that Broadway connects on both ends to the City, but is
actually located within the County.
Mr. McCann moved for approval with the following conditions:
1. Show dedication along frontage;
Mr. Vest seconded the motion.
Mrs. Graves suggested that the following condition should be added: "Entrance to
parcel B shall meet commercial entrance standards of Virginia Department of Highways and
Transportation."
Mr. McCann amended his motion to include the above condition. Mr. Vest seconded
the amended motion, which carried unanimously, with no further discussion.
APPLEBERRY ESTATES/LOTS 4,5,6/FINAL PLAT - proposed division of 3 lots from
larger parcel; located north off Route 633 east of Route 295 near Covesville.
Mr. .Tucker presented the applicant's request. Miss Holowinsky, the applicant's
representative, was present.
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Mr. Tucker read the Highway Department's recommendation into the record as follows:
"This subdivision is beyond the portion of road which was improved. I am not aware of
any additional right-of-way having been recorded through this portion. We recommend
that frontage improvements be made to the property, placing the shoulder catch point at
15 feet from the centerline and the ditch at 18 feet." (letter of March 7, 1979)
Ms. Holowinsky noted that the Highway Department dedication has been made and the
deed book reference is on the.r(�-,vised plat.
Mr. Vest moved for approval with the following condition:
1. Virginia Department of Highways and Transportation approval as recommended in their
letter dated March 7, 1979.
Mrs. Diehl seconded the motion, which carried unanimously, with no further
discussion.
ROBERT CLARK FINAL PLAT - proposed division into 2 lots of 3.03 acres and 2.03
acres; located south off Route 760 between Routes 710 and 712.
Mr. Tucker presented the applicant's request. Ms. Holowinsky, the applicant's
representative, was present.
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Mr. Tucker noted that the Staff would like to suggest that an easement be placed
on the plat allowing the applicant to have access to the well house, which will be
located within the Highway Department's dedication (parcel B).
Mrs. Graves asked if this should be condition #4.
Mr. Tucker noted that it should.
Ms. Holowinsky asked who would be responsible for maintenance of the well house.
Mr. Payne noted that the best means of assuring maintenance is for the applicant
to maintain the well house himself.
Ms. Holowinsky stated that she had spoken with the Highway Department and they had
suggested that the applicant dedicate 25 feet up to the well house, then switch to 15
feet and back to 25 feet after the well house is passed.
Mrs. Graves moved for approval with the following conditions:
1. Owner's signature notarized;
2. Dedication of 25 feet along Parcel B up to the spring house, 15 feet dedicated in
front of springhouse, and 25 feet dedicated along the remainder of the parcel;
3. Outparcels to become part and parcel of adjacent property;
4. Improve frontage as recommended by Virginia Department of Highways and Transportation.
Mrs. Diehl seconded the motion, which carried unanimously, with no further discussion.
IGA CROZET ADDITION SITE PLAN - proposed extension of existing food store; located
north off Route 240 east of Route 810 in Crozet.
Mr. Tucker presented the applicant's request. Ms. Holowinsky, the applicant's
representative, was present.
Col. Washington asked what type of sewage system is proposed.
Mr. Tucker stated that it is his understanding that:the applicant's current septic
system is adequate for this addition and he noted that he believes they already have
Health Department appproval.
Ms. Holowinsky noted that since the parking to the rear of the building has been
deleted the applicant does not need a run-off control permit. She stated that Mr.
Williams was to have sent a memo to the Planning Staff noting this.
Mrs. Graves stated that the wording "if required" should be added to condition #4.
Mrs. Graves noted that she would like to receive some information from the Health
Department concerning their criteria for approving septic systems under trees and
asphalt.
Mr. McCann stated that he feels the Commission should rely on the judgement of
the Health Department for approval of septic systems.
Mrs. Diehl asked if the handicapped spaces shown in the front of the store are
for the store only or the entire shopping center.
Mr. Tucker noted that the handicapped spaces are for the entire shopping center
and were located in the area of highest use.
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Mr. McCann moved for approval with the following conditions:
1. Fire Prevention Officer approval of hydrant location and water line size serving
hydrant;
2. County Engineer approval of storm drainage plans; location of curbing of rear
parking area and type of surfacing;
3. Fencing and landscaping of any detention basins;
4. Runoff Control Permit, if required;
5. Albemarle County Service Authority approval;
6. Landscape plan subject to approval of staff.
Mr. Vest seconded the motion, which carried with a vote of 6-1-0. Mrs. Graves
abstained. There was no further discussion.
WEST LEIGH LOTS 1, 33, AND Y FINAL PLAT - proposed redivision of 2 lots into three,
average lot size 4+ acres; located on northeast corner of West Leigh Drive and
Devonshire Road.
Mr. Tucker presented the applicant's request. Mr. Sinclair, the applicant's
representative was present.
Mr. Tucker noted that the plat of this property has been recorded without Planning
Commission approval. Mr. Tucker read a letter into the record from Mr. Stuart Carwile.
(attached)
Mr. Payne explained that Mr. Carwile's letter is stating that the developer is
exempt from the deed restrictions in this subdivision. He noted that the County does
not have the authority or the obligation to enforce deed restrictions. He noted that
the homeowner's, if they chose, can sue Dr. Hurt.
Ms. Whitenabel, an adjacent owner, stated that Dr. Hurt is requesting the Commission
to review and approve property that has already been sold to Mr. & Mrs. Keyton.
A gentlemen, who is an adjacent owner, stated that West Leigh was intended as a
Planned Community, which would have only a certain number of lots. These lots could
only be subdivided under unusal circumstances. He noted that if the Commission approves
this subdivision there will be several increased problems and the beauty of the subdivisior
would be affected.
A letter from Mr. LaFleur, a resident of West Leigh, is attached.
Mr. Sinclair stated that this plat is in compliance with the subdivision ordinance
and feels that all the Commission can legally do is consider the plat.
Mr. Skove asked if West Leigh was originally approved as two separate subdivisions.
Mr. Payne noted that West Leigh was approved as a whole.
Mrs. Graves asked how often are plats recorded illegally.
Mr. Tucker noted that the only protection the County has is if someone should make
the County aware that a plat has been recorded without prior approval and then the
Staff determines if it has been recorded illegally.
Mr. Payne noted that this plat was recorded under the theory that it was
exempt from the subdivision ordinance.
3 Wendover Drive - West Leigh
Charlottesville, Virginia 22901
March 27, 1979
Albemarle County Planning Commision
14 East Market Street
Charlottesville, Virginia 22901
Re: West Leigh/Lots 1, 33 and Y/Final Plat
Dear Commissioners:
As adjacent property owners, we request that you do not approve the above
referenced site plan/subdivision. The central rationale for our position is that
the request for the site plan/subdivision approval violates the procedures detailed
in the restrictions and covenants of the land deeds for the property in question.
The property is in Section One and Section Three of West Leigh and the land
deed restrictions and covenants fot each lot in both Sections requires single lot
redivisions and subdivisions to be first approved by the developer or successor of
West Leigh. The successor in each case is a Committee of lot owners. The Section
Committee gains the powers of the developer following the sale of a simple majority
of lots in each section.
Since the sale of a majority of lots has been completed and the original
developers (W. L. Clover - Fres.; E. G. Spies - Sec.) have sold the remaining
lots; it is our understanding that the present subdivision request must first be
granted approval by the Section Committees. The request referenced above is
therefore in violation of the deed restrictions and covenants for each of the lots
included in the plat. Section One and Section Three Committees, acting together or
in singular fashion, have not granted approval to the above referenced subdivision.
For the reasons provided above, we request that you withhold approval of
the subdivision of West Leigh Lots 1, 33 and Y until approval is first granted
by the appropriate West Leigh Committee in accordance with the land deed restrictions
and covenants.
Sincerely,
1
N. Kenneth LaFleur
�z L L
Jhdith H. LaFleur
Mr. Sinclair stated that Dr. Hurt owned this entire tract originally and was
transferring title to another individual, but was made aware that this subdivision
was not legal. He noted that he is now attempting to remedy this situation.
Mr. Payne commented that if the Keyton's are presently owners of lot 33 they
are required to sign the plat.
Mr. McCann noted that the County is not in the convenant business and he then
moved for approval with the following conditions:
1. Health Department approval;
2. Note area of lot 1.
Mr. Skove seconded the motion, which carried with a vote of 6-1. Mrs. Graves
dissented. There was no further discussion.
GENERAL ELECTRIC SITE PLAN - proposed office, laboratory and training center;
located between Route 29 North and Route 606 just south of Route 763.
Mr. Tucker presented the applicant's request. Mr. Neblett, the applicant's
representative, was present.
Mr. Neblett noted that approval has been given to expand the Camelot Treatment
Plant, but this expansion has been held up due to a bankruptcy involving the property.
Mr. Neblett stated that as an alternative, G. E. would like to build a sewage treatment
facility on their property, since it appears the problems at Camelot will not be
cleared up in time to meet G. E.'s needs.
Mr. Skove asked if the plant would be designed to have capacity only for those
employees planned at this time or for any future ca,),..city.
Mr. Neblett stated that G. E. would want the maximum capacity, which would be
25,000 gallons per day. He noted that they would like to keep the potential of taping
into the County lines when they become available.
Mrs. Graves moved for approval with the following conditions:
1. A building permit will not be issued until the following conditions have been met:
a) Location of fire hydrants on site plan as recommended by Fire Prevention Officer;
b) Staff approval of amendment to Landscape Plan;
2. A Certificate of Occupancy will not be issued until the following conditions have
been met:
a) Approval of appropriate agencies of sewage treatment facilities.
Mrs. Deihl seconded the motion, which carried unanimously, with no further discussion.
COSMOPOLITAN SPA ADDITION SITE PLAN - proposed building and parking addition;
located on Westfield Road west of Route 29 North.
Mr. Tucker presented the applicant's request. Mr. Lambert, the applicant's
representative, was present.
Mr. Lambert noted that the reason his client has proposed excessive parking
dimensions is strictly for the convenience of his clients. He noted that they would
rather not shift the parking lot.
Mr. McCann moved for approval with the deletion of item c.
Mrs. Diehl seconded motion.
Mrs. Graves suggested that a provision be added concerning the outside lighting.
Mr. McCann amended his motion to include this provision. The conditions of approval
are as follows:
1. A building permit will not be issued until the following conditions have been met:
a) Provide technical data on plan as required;
b) Note on plat that "Plant material shall be replaced if any should die;"
c) Staff approval of landscape plan, parking plan and lighting plan;
d) County Engineer approval of drainage facilities.
2. A certificate of occupancy will not be issued until the following conditions have been
met:
a) Provision of fire hydrant within 400 feet of major structure - 1000 gpm at 20 psi;
b) Virginia Department of Highways and Transportation approval of commercial entrance.
Mrs. Diehl seconded the amended motion, which carried unanimously, with no further
discussion.
GENERAL ELECTRIC AMENDED SITE PLAN - proposed additional parking at property
formerly owned by Charlottesville Hardware Company, Inc.; located south off Rio Road
(Route 631) and west of Route 29 North.
Mr. Tucker presented the applicant's request. Mr. Neblett and Mr. Lambert, the
applicant's representatives, were present.
Mrs. Graves asked if the access to the mini -warehouses are shown on their site
plan.
Mr. Lambert noted that this access occurred sometime during the site plan process.
Mr. McCann moved for approval with the following conditions:
1. A certificate of occupancy shall not be issued until the following conditions have
been met:
a) Indicate location of access to adjacent property to south; and
b) Tie curb in with adjoining property to the south.
Mrs. Graves seconded the motion which carried unanimously, with no further discussion.
CHURCH OF GOD SITE PLAN - proposed church; located northeast off Rio Road (Rt. 631)
and east of the Southern Railway Tracks.
Mr. Tucker noted that the applicant has request deferral of their site plan.
Mr. McCann moved for deferral until April 17, 1979.
Dr. Moore seconded the motion, which carried unanimously, with no further discussion.
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