HomeMy WebLinkAbout05 22 79 PC MinutesMay 22, 1979
The Albemarle County Planning Commission held a regular meeting, Tuesday, May 22,
1979, 7:30 p.m., Third Floor, County Office Building, Charlottesville, Virginia. Those
members present were Mr. Layton McCann; Mr. Charles Vest; Mr. Kurt Gloeckner; Col.
William Washington, Chairman; Mr. Jim Skove; Mrs. Norma Diehl, Vice -Chairman; Mr. James
Huffman; Mrs. Joan. Graves; and Mr. Tim Lindstrom, Ex-Officio. Dr. James Moore was
absent. Other Officials present were Mr. Robert Tucker, Director of Planning; Miss
Mason Caperton, Planner; Mrs. Idette Kimsey, 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 April 17, 1979 and May 1, 1979 were approved as written. The
minutes of April 24, 1979 were approved as corrected.
SHIPP FINAL PLAT
Miss Caperton presented the Staff Report. Mr. Hancock, the applicant's
representative, was present.
Mrs. Diehl asked the length of the deadend.
Miss Caperton noted that it is approximately 11i - 2 miles in length with 3
to 4 residents on the road.
Col. Washington asked Miss Caperton to review the comments from the Highway.
Department.
Miss Caperton noted that there are 54 vehicle trips per day on this section
of road and it is currently considered non -tolerable. She stated that the road is
currently 12-18 feet wide. Miss Caperton stated that the Highway Department is
recommending that the frontage be improved placing the shoulder break point at 15
feet and the ditch at 18 feet. She also noted that these improvements are not being
recommended along the residue because of reconstruction of the road.
Mrs. Graves asked if the residue is considered another lot.
Miss Caperton noted that it is considered another lot, but the reason frontage
improvements are were not recommended, on the residue, is because the Highway Department
in the future intends to reconstruct the road, and a curve will be removed from the
mad along the residue.
Mr. Skove moved for approval with the following conditions:
1. The plat will not be signed until the following conditions have been met:
a) Written Health Department approval;
b) Virginia Department of Highways and Transportation approval of frontage
improvements;
c) Owner's notarized signature(s).
Mrs. Graves seconded the motion.
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Miss Caperton asked Mr. Skove, if his motion included the frontage improvements,
as stated earlier in the meeting.
Mr. Skove noted that it was to include this.
Col. Washington noted that the plat shows two common entrances and it would
appear that if the road is ever realigned the road would move away from the lots.
Mr. Gloeckner stated that he is not opposed to the subdivision, but he is
opposed to the frontage improvements. He noted that he does not feel they are
necessary for this subdivision.
Mr. Skove's motion carried with a vote of 7-1. Mr. McCann dissented. There
was no further discussion.
ROBERT FRYE PRELIMINARY PLAT
Miss Caperton presented the Staff Report. Mr. Graff, the applicant's representative,
was present.
Mr. Gloeckner asked how may residents are using the road.
Mr. Graff stated that four are using the road and including the farm house the
number would be five. He noted that this is the number without the subdivision.
Col. Washington asked if it is possible to draft a maintenance agreement for
a right-of-way of unspecified width.
Mr. Payne noted that it is possible, but would rather not have a maintenance
agreement for a right-of-way of this nature.
Mrs. Graves stated that the applicant may not be able to grade and get adequate
sight distance, but he may be able to upgrade the entrance to a 30 foot width.
Miss Caperton read the Highway Department's comments into the record, as follows:
"This road currently serves a number of properties and should be improved. Adequate
sight distance does not exist for a commercial entrance. Sight distance measures
approximately 210 feet towards the south." (letter 3/7/79)
Col. Washington stated that he can not determine what the Highway Department
will approve.
Mrs. Graves moved for approval with the following conditions:
1. The following conditions will be recommended for final plat approval:
a) Compliance with the private road ordinance, including:
1) County Engineer approval of the road;
2) Maintenance agreement to be approved by the County Attorney;
b) Virginia Department of Highways and Transportation approval of entrance on
Route 680;
c) Compliance with Runoff Control Ordinance;
d) Written Health Department approval.
Mrs. Diehl seconded the motion.
Mr. Tucker asked Mrs. Graves if it is her intent, in her motion, not to
recommend sight distance, but to request approval of a cross section of the road to
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state standards.
Mrs. Graves noted that is her intent.
Mrs. Graves's motion carried unanimously, with no further discussion.
RUTLEDGE FARM PRELIMINARY PLAT
Miss Caperton presented the Staff Report. Mr. Bishop, the applicant, was present.
Mrs. Diehl asked the conditions of approval for the preliminary plat.
Miss Caperton read them into the record, as follows:
1. Delete entrance to Route 743;
2. Realign Staunton Street to more adequately take advantage of contours and correct
misalignment at intersections and miss the well lot;
3. Note that the well lot belongs to Bedford Hills subdivision; right-of-way cannot
cross over the well lot; provide easement to Bedford Hills Subdivision;
4. Note water course setbacks on lots 4 and 7;
5. Note that lots 10, 11, 12, and 15 must be served from the Bedford Hills subdivision;
6. Note that lot 9 is to be served from Rutledge Farm Drive only;
7. Obtain Health Department approval;
8. Comply with soil erosion and runoff control ordinances;
9. Comply with private road ordinance including: (a) County Engineer approval;
(b) maintenance agreement; include all lots served in neighboring subdivisions;
10. Tax Map 45, Parcel 49A to be included into applicable computations and agreements;
11. Grant easement across lot 2 from Tax Map 45, Parcel 49C.
Mrs. Diehl asked if the applicants have complied with all of these conditions.
Miss Caperton noted that most of them have been complied with, but she also noted
that this preliminary plat has changed from the original preliminary plat previously
submitted.
Mr. Lindstrom asked if the improvements through Bedford Hills would require
additional right-of-way.
Miss Caperton noted that it would not require additional right-of-way.
Mr. Lindstrom asked if there is adequate sight distance available for an entrance on
Route 743.
Miss Caperton noted that there is a lack of vertical sight distance.
Mr. Lindstrom asked if the 1,000 plus vehicle trips per day would be on Route 743.
Miss Caperton noted that ^ the be on Route 743.
Mr. R. W. Smith, an owner in Bedford Hills, read a letter from the Bedford Hills
Steering Committee into the record. (attached)
Mr. McCormick, an adjacent owner, stated that he has been a resident of this area
for 23-24 years and he has seen 6-7 subdivisions develop in this area over the years.
He noted that he is concerned with the traffic on Route 743. He stated that over 1,000
vtpd is not a good estimate for this road. He noted that there are probably 450 vehicles/hr
on this road during the peak hour alone. He noted that additional traffic being placed
on this road should be given serious consideration by the Planning Commission.
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Mrs. McCormick, an adjacent owner, stated that she is concerned about the
availability of water.
Mr. Hemmer, an adjacent owner, stated that he has contacted the State Water
Control Board, which had stated in a letter to him that Albemarle County has a lack
of ground water, but there is enough available for domestic use. He noted that they
have stated in their letter, that the density of Rutledge does not appear to create
any problems with water supply.
Miss Caperton read the Highway Department's comments from their letter of
April 16, 1979, into the record. (attached)
Mr. Sinclair, the applicant's representative, stated that this subdivision will
lower the maintenance cost for residents of Bedford Hills.
Mr. Skove stated that he feels this is a clear cut case where off -site road
improvements should be required. He noted that all of the impact from this subdivision
will be on Bedford Hills and he feels the streets within Bedford Hills should be
brought up to state standards.
Mr. Gloeckner asked if Monroe Street crosses the dam.
Miss Caperton noted that it does.
Mr. Skove moved for approval with the following conditions:
1. The following conditions will be recommended for final plat approval:
a) Any connection to the Bedford Hills central well system or any new central
water system will require approval of all appropriate agencies; 114)
b) Compliance with the private road ordinance, including:
1) County Attorney approval of maintenance agreements;
2) County Engineer approval of road specifications;
c) Compliance with Soil Erosion and Runoff Control Ordinances;
d) Fire Official approval;
e) Written Health Department approval;
f) Dedication of 25 feet from the center line must be shown for parcel 49C(1) on
Tax Map 45;
g) The loop comprising Monroe Street, Madison Drive, and Culpeper Drive, in Bedford
Hills and Rutledge Farm be brought up to State standards and accepted into the
State system.
Mr. Lindstrom asked if it was mentioned that the entrance be brought up to State
standards.
Mr. Tucker stated that he feels this should be addressed, since it is an existing
entrance. He noted that he is not sure there is adequate right-of-way for a full turn -
lane. Mr. Tucker suggested that the Commission could require a commercial entrance
subject to the applicant's acquiring adequate right-of-way.
Mr. Skove amended his motion to include condition #lh. (To construct a
deceleration lane, if possible, with the existing right-of-way along Route 743 and
to upgrade the existing entrance within the existing right-of-way.) 140)
Mr. McCann seconded the amended motion, which carried unanimously, with no
further discussion.
MEREDITH BICKERS COMMERCIAL SITE PLAN
Mrs. Kimsey stated that the applicant has requested indefinite deferral.
Mr. Gloeckner moved for deferral.
Mr. McCann seconded the motion, which carried unanimously, with no further
discussion.
Mr. Huffman left the meeting.
NETTIE MARIE JONES FINAL PLAT located on State Route 658, east of Route 601. A
division of two parcels (50 and 11 acres).
Mrs. Kimsey presented the Staff Report. Mr. Edgerton, the applicant, and Mr.
Graff, his representative, were present.
Mr. Edgerton stated that the reason for this subdivision, is to allow him to
purchase the back parcel from his grandmother. He noted that he agrees that this
section of road is not up to the standards that it should be, but he does not feel
realigning this section of the road will have much affect on the remaining portion
of the road.
Mr. Gloeckner asked what are the requested frontage improvements.
Mr. Tucker noted that they are the standard 15 foot shoulder break point with
the ditch at 18 feet.
Mrs. Diehl moved for approval with the following conditions:
1. The plat will not be signed until the following conditions have been met:
a) Written Health Department approval; if applicable;
b) Virginia Department of Highways and Transportation approval of frontage
improvements; and
c) Compliance with the private road ordinance, including:
1) County Engineer approval of road; and
2) Maintenance agreement to be approved by the County Attorney.
Mrs. Graves seconded the motion.
Mr. Gloeckner stated that he is opposed to the motion because of condition #lb.
He noted that he feels this causes a hardship and since the division is among family
members it should not be required.
Mr. Skove stated that he could not see where this division is placing an additional
burden on the road and he noted that he does not feel the improvements are warranted.
Mr. McCann moved for approval with the deletion of condition lb.
Mr. Gloeckner seconded the motion, which carried with a vote of 5-2. Mrs. Diehl
a.nd'Mrs. Graves dissented. There was no further discussion.
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WOOD PROPERTY FINAL PLAT - located on State Route 663, one mile north of
Earlysville. A division of two parcels (2+ acres each).
Mrs. Kimsey presented the Staff Report. Mr. Bolton, the applicant, was present..
Mr. Payne disqualified himself from the discussion on this item.
Mr. Bolton stated that in February, the Planning Commission gave preliminary
approval of this plat. He noted that at that time there were only two conditions
and they were: (1) Health Department approval; and (2) Maintenance agreement. Mr.
Bolton noted that both of the items have been taken care of. He noted that the
maintenance agreement is prepared, but can not be approved by Mr. Payne until the
plat has been signed. He also noted that he has Highway Department permits for the
private entrances.
Mr. Vest moved for approval with the following conditions:
1. This plat will not be signed until the following conditions have been met:
b) Virginia Department of Highways and Transportation approval of frontage
improvements;
c) Compliance with private road ordinance.
Mrs. Graves seconded the motion.
Mr. McCann stated that he can not support the motion. He noted that the Commission
gave Mr. Bolton conditions of approval on the preliminary and he had a survey done and
now the Commission are asking for more conditions than they had previously requested.
Col. Washington stated that one of the Highway Department's reasons for improving
the roadway at the time of subdivision is to prevent the disruption of drives and
landscaping. He asked the applicant if he would consider moving the drain pipe
back and blending it in with the existing ditch.
Mr. Bolton stated that he would agree to this.
Mr. Gloeckner made a substitue motion with the following conditions:
1. This plat will not be signed until the following conditions have been met:
a) Virginia Department of Highways and Transportation approval of the entrance
with the drainage pipe 18 feet from the center line;
b) Compliance with the private road ordinance, including:
1) Maintenance agreement to be approved by the County Attorney; and
2) County Engineer approval of road.
Mr. McCann seconded the motion, which carried with a vote of 4-3. Mr. Vest,
Mrs. Diehl, and Mrs. Graves dissented. There was no further discussion.
WHITTINGTON; SECTION 1, FINAL PLAT - located on State Route 631 in Whittington
Subdivision. A proposal showing a twenty foot right-of-way for the exclusive use
of lots 2 and 3.
Mrs. Kimsey presented the Staff Report. Mr. Blankenbaker, the applicant's
representative, was present.
There was no discussion.
Mrs. Diehl moved for approval with the following conditions:
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1. This plat will not be signed until the following conditions have been met:
a) Written Health Department approval;
b) Compliance with the private road ordinance, including:
1) Maintenance agreement to be approved by the County Attorney; and
2) County Engineer approval of road.
Mrs. Graves seconded the motion, which carried unanimously, with no further
discussion.
RUNNING DEER FINAL PLAT - LOTS 5-17,19 - located on Whitetail Lane, off Running
Deer Drive. A division of fourteen lots (2+ acres each).
Mrs. Kimsey presented the Staff Report. Mr. Sinclair, the applicant's representative,
was present.
Mr. Sinclair stated that it is his understanding that the applicant has Health
Department approval for the entire subdivision. He also noted that the matter of
improving the road to Route 250 was discussed by the Commission in 1975 and no
improvements were required.
Mr. McCann moved for approval.
Mr. Vest seconded the motion.
Mrs. Diehl stated that she does not like the thought of doubling the traffic
on a dirt road.
Mr. Lindstrom asked if there is enough right-of-way available for the Highway
Department of improve the road.
Mr. Tucker stated that there appears to be about 40 feet.
Col. Washington stated that he feels if these improvements were not required
previously, it weakens the Commission's ability to require them now.
Mrs. Diehl stated that she could not support the motion unless some improvement
is made on the dirt road.
Mr. Skove made a substitute motion to defer this item until May 29, 1979, to
allow the Highway Department to make further comments on the improvements needed
on this road.
Mr. Graves seconded the motion, which carried with a vote of 4-3. Mr. Vest,
Mr. McCann, and Mr. Gloeckner dissented. There was no further discussion.
ROGER FULTON FINAL PLAT - located on the south side of State Route 677, east of
Route 250 West. A division of two parcels (2+ and 3+ acres).
Mrs. Kimsey presented the Staff Report. Mr. Fulton, the applicant, was present.
Mr. Fulton stated that it is his wish to build a house on this parcel. He stated
that he feels frontage improvements is a harsh condition of approval, when only one
additional dwelling will be added on the road.
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Mr. Tucker noted that the condition is not speaking to frontage improvements,
but to improving the entrance.
Mr. Gloeckner stated that he does not feel the Highway Department can request
that the entrance be improved since it is an existing entrance.
Mr. McCann moved for approval with the following conditions:
1. This plat will not be signed until the following conditions have been met:
a) All lots being served by the existing right-of-way comply with the private
road ordinance, including:
1) Maintenance agreement to be approved by the County Attorney; and
2) County Engineer approval of road.
Mr. Gloeckner seconded the motion.
Mrs. Graves stated that this plat is similar to the Frye Plat that was approved
earlier in the meeting and she would like to see this entrance improved. Mrs. Graves
made a substitute motion for approval with the following conditions:
1. This plat will not be signed until the following conditions have been met:
a) Virginia Department of Highways and Transportation approval of entrance;
b) All lots being served by the existing right-of-way comply with the private
road ordinance, including:
1) Maintenance agreement to be approved by the County Attorney; and
2) County Engineer approval of road.
Mrs. Diehl seconded the motion, which failed with a vote of 3-4. Mr. Vest,
Mr. McCann, Mr. Gloeckner, and Col. Washington dissented.
The Commission voted on Mr. McCann's original motion, which carried with a
vote of 4-3. Mrs. Graves, Mrs. Diehl, and Mr. Skove dissented. There was no
further discussion.
THE BARRACKS FINAL PLAT - located on Foal Lane off Ivy Farm Drive, just north
of Ivy Farm. A plat showing a 13+ acre parcel from "The Barracks Property" to have
access through Ivy Farm.
Mrs. Kimsey presented the Staff Report. Mr. Sinclair, the applicant's
representative, was present. Ms. Ashton, the applicant's representative, was present.
Mrs. Diehl asked if the adjacent owners are aware of the recent change in the
proposed subdivision.
Mrs. Kimsey noted that the Staff was just made aware of the change that afternoon,
and the adjacent owner's were not notified.
Col. Washington asked Mr. Payne if the Commission could act on this item.
Mr. Payne noted that the Commission could act on the proposed change, but he
noted that he does feel orange lines drawn on a plat are adequate for the Commission
to act on.
Mr. Lake, an adjacent owner, stated it was his understanding that the 50 foot
access was intented for farm use. He noted that he is not opposed to the subdi-
vision, but he is opposed to opening the Barracks property up for development.
Mr. Gloeckner stated that being a resident of the area, he is opposed to
extending the easement. He noted that he could remember in 1975, when this
item was originally approved, that Mr. Carr was very explicit about this easement being
used for farm use only.
Col. Washington asked if the easement could serve the main parcel as well as
the proposed parcel for farm use only.
Mr. Payne stated that it is possible, but it must be stated very specifically.
Mrs. Diehl moved for approval with the following conditions:
1. This plat will not be signed until the following conditions have been met:
a) Written Health Department approval;
b) County Engineer approval of the road;
c) Correct North Point;
d) Note owner's notarized signature;
e) Correct property lines for lots 43 and 44 at the easement location;
f) Access easement for residue can only be used for farm use; and
g) Note on plat: "No further subdivision without Planning Commission approval."
Mr. McCann seconded the motion, which carried with a vote of 6-1. Mr. Gloeckner
dissented. There was no further discussion.
FIRST VIRGINIA BANK CENTRAL FINAL PLAT - located at the southwest corner of
the intersection of U. S. Route 250 and State Route 20. A division of one parcel
(49,697 square feet).
Mrs. Kimsey presented the Staff Report. Mr. Bender, the applicant, and Mr.
y Sinclair, his representative, was present.
Mr. Sinclair stated that plans for the road are being reviewed by the Highway
Department at this time. He noted that the plans were submitted with a 60 foot
dedication, but there is a possibility that 80 feet will be required. He requested
that the Commission give Staff administrative approval of the possible 20 foot
shift in dedication.
Mrs. Diehl moved for approval with the following conditions:
1. The plat will not be signed until the following conditions have been met:
a) Written Health Department approval;
b) Written agreement with Service Authority to utilize public water;
c) Virginia Department of Highways and Transportation approval of improvements on
U. S. Route 250;
d) Show right -of -,way on plat;
e) Show side setback building line;
f) Show residue acreage;
g) Right-of-way dedication on River Bend Boulevard as required by the Virginia
Department of,Highways and Transportation; and
h) Access should to be limited to River Bend Boulevard.
Mr. Vest seconded the motion, which carried unanimously, with no further discussion.
FIRST VIRGINIA BANK CENTRAL SITE PLAN - located at the southwest corner of the
intersection of U. S. Route 250 and State Route 20. Proposed to be used as a bank site.
Mrs. Kimsey presented the Staff Report. Mr. Bender, the applicant, and Mr. Sinclair,
his representative, were present.
Mr. Bender stated that the bank has federal and State approval for the bank, and
all they need is county approval to being construction.
Mr. Gloeckner suggested that the 25 foot access be shown crossing the property
line for the applicant's protection.
Mr. McCann moved for approval with the following conditions:
1. A building permit will not be issued until the following conditons have been met:
a) Written Health Department approval;
b) Written Fire Official approval;
c) Virginia Department of Highways and Transportation approval of improvements on
U. S. Route 250;
d) Grading permit;
e) Staff approval of additional landscaping at the corners of the bank building and
entrance area;
f) Note owner's address;
g) Indicate sidewalk on plan to the southern property line along River Bend
Boulevard;
h) Correct 4 inch sewer lateral location;
i) Show the 25 foot access crossing the property line;
j) Staff approval of any revised site plan, if additional dedication of right-of-way
is needed.
2. Certificate of Occupancy will not be issued until the following condition is niet:
a) Albemarle County Service Authority approval of public water supply connection.
Mr. Gloeckner seconded the motion, which carried unanimously, with no further
discussion.
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OLD BUSINESS - Proposed Zoning Ordinance
The Commission discussed the commercial zones as they relate to downzoning.
Col. Washington noted that he feels the criteria for down zoning commercial property
should be based on the physical characteristics of the land in question.
Mr. Payne discussed the zoning map and possible downzoning and any problems
that may develope due to insufficient reasons for downzoning.
There was no further discussion and the meeting adjourned at 11:55 p.m.
'col
bert W. Tucker, Jr. - Se reta
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