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HomeMy WebLinkAbout07 24 79 PC MinutesJuly 24, 1979 The Albemarle County Planning Commission conducted a meeting on Tuesday, July 24, 1979, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members present were Col. William Washinton, Chairman; Mrs. Norma Diehl, Vice -Chairman; Mr. Layton McCann; Mr. Kurt Gloeckner; Dr. James W. Moore; Mr. James Skove; and Mr. Tim Lindstrom, ex-Officio. Other officials present were Mr. Robert W. Tucker, Jr., Director of Planning; Miss Mason Caperton, Planner; Mr. Douglas Eckel, Senior Planner; and Mr. Frederick Payne, Deputy County Attorney. Absent were Mr. Charles R. Vest and Mr. James Huffman. In the absence of the chairman, Mrs. W_ehl established that a quorum was present and called the meeting to order. Minutes of June 12, 1979, and July 10, 1979, were approved as submitted.. ZMA-79-24. Thomas E. Worrell, Jr. - request to rezone 215.0 acres from R-1 to RPN/A-1. Miss Caperton stated that the applicant is requesting withdrawal of this application. Upon the motion of Mr. Gloeckner, and second of Mr. McCann, the Commission voted unanimously to accept the request for withdrawal. ( Col. Washington entered the meeting and assumed the chair. ) SP-79-36. Everett L. Sipe has petitioned the Board of Supervisors to locate a mobile home on 10.38 acres zoned A-1. Property is located on the north side of Route 22, approximately 2 miles west of the Louisa County line. County Tax Map 66, Parcel 10E, Rivanna District. Mr. Eckel presented the staff report. Mr. Sipe, the applicant, stated that the mobile home is for his son until he can afford to build a house. Col. Washington established that no house is on the same parcel of land. There was no public comment and Col. Washington closed the public hearing. Mr. McCann moved approval of the request subject to the following conditions ( he pointed out that he is familiar with the property and there is no visual impact ): 1. Compliance with Section 11-4-2 of the Zoning Ordinance; 2. The maintenance of existing forest as a visual buffer of approximately 50 feet between the mobile home site and Route 22. Mr. Gloeckner seconded the motion, which carried unanimously, with no discussion. 1311�1 ZMA-79-21. Steven A. McClellan has petitioned the Baord of Supervisors to rezone 140 acres from A-1 to RPN/A-1. Property is located on the northeast side of Route 743 approximately � mile southeast of the inter- section of Routes 660 and 743. County Tax Map 31, Parcels 26, 27, 28, and 29. Charlottesville District. Miss Caperton presented the staff report. ( Mr. Payne and Mrs. Graves arrived at the meeting. ) Mr. Skove ascertained that the source of the dry hydrant is one of the streams. Mrs. Diehl established that the dry hydrant was the recommendation of the Fire Marshal. Mr. Roy Parks, on behalf of the applicant, discussed the existing conditions map and explained that the farm is not part of the proposal. He explained the slopes map and passed out pictures of the existing land use. Mrs. Graves established that the farm is not being used to calculate the open space required for the RPN. ( Mr. Lindstrom entered the meeting. ) Mr. Goode Love said that this proposal is part of estate planning for the applicant, and the farm is reserved for the son. Col. Wasington closed the public hearing, since there was no additional public input. Mrs. Diehl questioned if the dry hydrant lines would necessitate easements over land of the adjoining property owners. Mr. Skove was concerned because the airport study calls for an additional runway, and he felt development should not take place next to a runway. Mr. Tucker said that the airport had been notified of this application, and had no comment. The plan for the airport no longer contains the proposed runway referred to by Mr. Skove. Mr. Skove also expressed concern about septic fields in the open area because of possible drainage into Chris Greene Lake. Mr. Gloeckner felt that the plan was good, but felt that the staff should definitely know the plans for the runway in question prior to Board of Supervisors review. Mrs. Graves felt that the lot sizes should be shown on the plat. Miss Caperton replied that this would be taken care of at final plat review. Mrs. Diehl moved approval of the rezoning subject to the following conditions: 1. Approval is for a maximum of 66 lots. The location and acreage of land uses shall comply with the approved plan. Open space shall be dedicated in proportion to the number of lots approved in the final subdivision process; 2. No grading shall occur until the final subdivision process; 13_�Ze 3. Compliance with the Soil Erosion Ordinance; 4. County Attorney approval of homeowners' agreements prior to final approval to include the use of open space for septic fields, where permitted and where necessary, and approval of private road maintenance agreements; 5. Health Department approval of two septic field locations on each lot; 6. Fire Official approval of dry hydrant; 7. All lots shall have access on interior roads; 8. County Engineer approval of road plans; 9. Virginia Department of Highways and Transportation approval of commercial entrances, including deceleration lanes on the eastern and western entrances and approval of frontage improvements; 10. School bus shed shall be located along the western deceleration lane and pedestrian trail be extended to serve it; 11. Access easement to be granted over the farmland parcel for the use of Lots 32 through 66 prior to final approval; 12. Provide boundary survey showing no more than 140 acres; 13. Easement to be granted over farmland parcel for access to and installation and use of dry hydrant. Mr. Gloeckner seconded the motion, which carried unanimously, with no discussion. At this point in the meeting. Mr. Tucker noted the summary of the Zoning Ordinance that had been passed out. He said that any comments from the Commission on this summary should be to the staff by July 27, 1979. Anderson Final Plat - located on St. George Avenue south of Laurel Hills Subdivision in Crozet: Mr. Gloeckner disqualified himself from the discussion and vote by leaving the room. Miss Caperton presented the staff report. Mrs. Graves questioned if there is a septic field. Mr. Anderson said that this is correct that both existing subdivisions have septic systems. There was no public comment, and Col. Washington closed the public discussion. Mr. McCann moved approval of the plat subject to the following conditions: 1. This plat will not be signed until the following conditions have been met: a. Written Health Department approval; b. Note on plat: "Both parcels shall be served by public water." C. Waiver of area requirements and lot width; d. Provide signatures of all owners to the two parcels. Mr. Skove seconded the motion, which carried unanimously, with no discussion. Svenson Final Plat - located on the west side of Route 671 northeast of Free Union: The Commission deferred this item to later in the meeting in order that the applicant could be present. Squirrel Ridge Final Plat - located on the east side of Route 743 ( Hydraulic Road ) north of the intersection of Routes 631 and 743: ( Mr. Gloeckner returned to the meeting. ) Miss Caperton presented the staff report. Mrs. Graves established that the Board of Supervisors had approved 23 lots at the time of preliminary plat review. Miss Caperton said the soil scientist reports that no slopes over 20% are in the proposed septic areas. Mr. James Gercke, applicant, stated that the relocation of the road added two lots. Mr. Roger Ray said that lots 11 and 12 have been combined. Mr. Gercke stated that each lot had at least three test borings in preparation for determining the location for the septic fields. Col. Washington point out that the triangle of land across the street is part of this and fits into the heart of Evergreen Commercial area. Mrs. Graves questioned if the runoff control officer has studied this plat for any possible problems. The ordinance could apply to individual lots, depending on the size of individual houses. Mr. Skove said that the lots are planned for single family dwellings, though the existing zoning is R-3. Mrs. Graves asked if the septic tanks will be sized so that any basement apartments will be covered. Mr. Payne stated that with private roads each lot will be limited to one dwelling unit, and if that changes, the plat will have to return to the Commission for further review. With no additional public input, Col. Washington closed the public discussion. Mr. Gloeckner moved approval of the plat subject to the following conditions: 1. This plat will not be signed until the following conditions have been met: a. Compliance with the prviate road ordinance, including: 1. Maintenance agreement to be approved by the County Attorney; 2. County Engineer approval of the road plans; b. Compliance with the Soil Erosion and Runoff Control Ordinance; C. Note on plat: "All lots shall be served by public water." d. Fire Official approval of the location of the hydrants; M e. Written Health Department approval of two drainfields on each lot and a report by a qualified soil scientist. In such approval, the Health Department shall consider the county's desire to discourage the location of septic tanks and/or drainfields on slopes of 250 or greater. Any lot not having adequate septic system sites outside of the septic setback and 25% slope area shall be combined with a buildable lot; f. No grading or clearing shall occur within any area of the site prior to final approval; g. Lots 11 and 12 shall be joined or any portion of lot 12 not joined shall be used as common open space ( and included in the maintenance agreement ); h. Change the name of Squirrel Way. i. Note on plat "Only one dwelling unit can be built on each lot." Mr. McCann seconded the motion. Discussion: Mrs. Graves had problems with the plat in that the county doesn't really know if the runoff control ordinance is really protecting the reservoir or if it is being properly enforced. She felt that the county should have additional protective measures. Mrs. Diehl shared Mrs. Graves' concern but noted that the use is less intensive than what could be done by right. The vote was 6-0-1, with Mrs. Graves abstaining. Svenson Plat (deferred from earlier in the meeting): Miss Caperton presented the staff report. Mr. Skove established that the frontage is over 200 feet, but the residue needs a waiver. Mr. Svenson said that the lot will be suitable for single family dwelling and favored the joint entrance. Mr. McCloud, an adjoining property owner, opposed the division. He stated that the area is characterized by farmland in tracts of 60 acres or over. He said that at the time Mr. Svenson purchased the property he had been assured that the land would not be subdivided. He also felt that the Commission should consider the poor access. Mrs. Graves asked if the note on the plat regarding no further subdivision addresses both parcels. Mr. Payne replied that it does, however pointed out that there is no reason for the pipestem lot. He suggested an appropriate easement for access to the rear lot. Miss Caperton stated the width of the pipestem is 75 feet. Mr. Payne said that with an easement the private road ordinance would apply and he suggested the Commission require the necessary changes to see that this is followed. Mrs. Graves felt that there should be a condition to assure there is no drainage to the farm pond owned by Mr. McCloud. Mrs. Diehl moved approval subject to the following conditions: 1. This plat will not be signed until the following conditions have been met: a. Eliminate the pipestem of 15.359 acres and serve with easement; b. Compliance with private road ordinance; C. Private road to serve both parcels. Mr. McCann seconded this motion. Discussion: Mr. Skove sympathized with Mr. McCloud about the subdivision of the land, however pointed out that four acres is better than two acres. The motion carried unanimously. Mr. Gloeckner stated that the Planning Commission should probably note its opposition to pipestems of large acreage. Roadway Express - located off East Market Street near Charlottesville on Broadway Street: Mr. Payne disqualified himself from the discussion of this item by leaving the room. Miss Caperton presented the staff report. Mr. Clifton McClure, on behalf of the applicant, said that the conditions recommended by the staff are agreeable. There was no public comment and Col. Washington closed the public discussion. Mr. Skove moved approval subject to the following conditions: 1. A building permit will not be issued until the following conditions have been met: a. Drainage facilities shall be approved by the County Engineer and the Virginia Department of Highways and Transportation; b. County Engineer approval of pavement specifications; 2. A Certificate of Occupancy will not be issued until the following conditions have been met: a. Broadway Street must be constructed or bonded for acceptance into the State Highway System. 3. An extension of the temporary site plan from its expiration date until the certificate of occupancy is issued was granted. Mr. Gloeckner seconded the motion. Discussion: Mrs. Diehl questioned if the staff considered requiring sewer when available. wad Miss Caperton replied that the staff did consider this, however concluded the use is not intensive enough to justify the expenditure. The motion carried unanimously. �7" Cedar Hill Mobile Homes Site Plan - located on Route 29 North ( southbound lane ), between Routes 606 and 649. Miss Caperton presented the staff report. most of Mr. Benjamin Dick, on behalf of the applicant, agreed to/the conditions of approval recommended by the staff. He said that there will be a 400 foot decel lane along the frontage of the property and the Highway Department recommendations will be met. Fire Official recommendations will be met. He said that he has a problem with extending the existing 200 foot decel lane to 400 feet, and feels the Highway Department should increase this themselves because of the adjoining uses. He pointed out the lengths of existing decel lanes in the area ( Camelot, Wards Mobile Home, Badger Powhatan ). He aksed that the Commission waive the Highway Department requirement on the northbound lane. There was no public comment. Mr. Skove questioned if the Highway Department has new information as a result of the Route 29 North corridor study that makes them recommend what Mr. Dick is objecting to. Mr. Dick said that he had been present at the Board meeting where the Route 29 North Corridor Study was presented, and Mr. Tucker had advised the Board at that time that this particular property is outside that study. Mr. Payne said that technically that study goes to the Greene County line. Mr. Gloeckner said that he was under the impression that the priorities, though, were from Airport Road to the city limits. Mr. McCann said that he feels the Commission is in a position that the Highway Department wants the developers to build the roads. Mr. McCann expressed the opinion that improvements along the frontage of this property should be made but that the Highway Department should share in the financial responsibility. Mr. Gloeckner agreed. Mr. Dick said that his clients will be agreeable to limiting the property to one entrance and if there is additional development at a later date in the rear or west of the site plan area, they are willing to upgrade 200-400 feet in the northbound lane. Mr. McCann said that the Commission should review these Highway Department recommendations on a case -by -case basis. He said that he feels it is improper for the owner of this property to obligate himself to developmentAhe decel lane at this time, with regard to future development - Col. Washington agreed, but said that limiting the property to one entrance is reasonable. Mrs. Graves moved approval of the site plan subject to conditions recommended by the staff. Mr. Skove seconded the motion. -J�5 Mr. McCann said that he could not support the motion because he is tired of the citizens and the Commission doing the Highway Department's work for them. Mrs. Diehl could not support the motion either since two 400' decel lanes is excessive in this case. She said that the area is not so heavily impacted to justify that requirement. The motion failed, with only Mrs. Graves and Mr. Skove supporting the motion. Mr. McCann moved approval of the site plan subject to the following conditions: 1. A certificate of occupany will not be issued until the following conditions have been met: a. Grading permit; b. County Engineer approval of pavement specifications and drainage structures; c. Units in the sales lot shall be placed according to the Fire Marshal's memo of July 24, 1979; d. Virginia Department of Highways and Transportation approval of improvements on Route 29 and commercial entrance as outlined in their letter of July 2, 1979, deleting the 200-foot addition to the northbound lane; e. Service Authority approval of water connection; f. A 50-foot easement be shown to serve the northern portion of the parcel; g. Northern portion of the parcel to have access only through the existing entrance on Route 29 North. Mr. Gloeckner seconded the motion, which carried by a vote of 5-2, with Mrs. Graves and Mr. Skove dissenting. Ross/Bennington Limited Partnership Final Plat - located on the east side of Georgetown Road ( Route 656 ): Miss Caperton presented the staff report. Mr. Rotgin was agreeable to conditions b, c, and d. He said that he intends for parcel B to be served by public water and sewer. Sewer for Parcel A is not avail- able. Mr. Gloeckner suggested a small environmental I pumping station in the cost range of $1500�, which is about the cost of a septic tank, to serve Parcel A. He felt the developer would be better off with a pumping station. stage. Mr. Rotgin felt that the sewer requirement should be addressed at the site plan Mr. Gloeckner agreed with this statement. Mr. McCann moved approval with conditions b, c, and d of the staff conditions. Mrs. Graves felt that sewer is reasonably available and should be required at the subdivision level. There was then a rather long discussion regarding the reasonableness of water and sewer for certain lots. Mr. Payne advised the Commission that it is simply a question of what time in the review process to decide when it is reasonably available. Mr. Rotgin noted the utility easement on the plat, tying the parcels together. He suggested condition that a site plan will be required prior to any development on any of the parcels. Col. Washington asked if the Commission can defer the decision on sewer until the site plan level. Mr. Payne said that this is possible. Mrs. Graves moved approval subject to the following conditions: 1. The plat will not be signed until the following conditions have been met: a. Parcels shall be served by public water and sewer except for parcel. B which will be allowed to continue to use existing well and septic system only so long as they are functioning and ownership of the property is unchanged; b. Note the resiude; C. Change the notation of the tax map number from 61A to 61; d. Health Department approval for Parcel B; e, Waiver of area requirements for Parcel B. Mr. Skove seconded the motion. The motion carried by a vote of 5-2, with Mr. McCann and Mr. Gloeckner dissenting. Charlottesville/Albemarle Airport Terminal Addition Site Plan: Miss Caperton presented the staff report. Mr. Don Wagner, on behalf of the owner, expressed concern about long-term and short-term parking. He was also concerned about the requirement for a fire hydrant, which is in the cost range of $7,000. Miss Caperton replied that that is a BOCA Code requirement. Mr. McCann moved approval subject to the following conditions: 1. A building permit will not be issued for the terminal addition until the following conditions have been met: a. Fire Official approval of the following items: 1. A minimum of six handicapped spaces adjacent to the new building; 2. A curb cut and handicap ramp if the building has an outside door; 3. Install a hydrant in the area of the terminal ( not closer than 50 feet ); b. County Engineer approval of pavement specifications; C. Virginia Department of Highways and Transportation approval of entrance on Route 606; 2. Health Department approval of new septic field location ( for the Piedmont Hangar ( near the new parking area prior to final inspection. Mr. Skove seconded the motion, which carried unaimously, with no discussion. cyCX Reginald Adams Final Plat: 9 Miss Caperton presented the staff report, noting that this is a request for reconsideration. She said that the owner is requesting that the condition pertaining to this joint access be deleted and that he be allowed to construct an access along a 50-foot pipestem lot. The Highway Department has tentatively agreed to this. The owner is also requesting a waiver of the bonding requirements. Mr. Adams said that he has attempted to work with Mr. Hearn, the adjoining owner, and as yet has been unable to get Mr. Hearn to sign the maintenance agreement. Mr. Gloeckner favored two pipestems and suggested that the easement apply to all three parcels. Miss Caperton said that in the past the bond for a driveway has been waived since the driveway would have to be constructed anyway for access to the house. Mr. Gloeckner moved approval of the plat subject to the following conditions: 1. The plat will be signed when the following conditions have been met: a. Virginia Deaprtment of Highways and Transportation approval of the entrance on the 50-foot pipestem; b. Complaince with the private road requirements: 1. Written County Engineer approval of private road specifications; 2. Maintenance agreement to be approved by the County Attorney; c. Written Health Department approval ( has been received ); d. Waiver of pipestem lots 1-A and 1-B granted. Mrs. Diehl seconded the motion, which carried by a vote of 6-0-1, with Mrs. Graves abstaining. The Commission adjourned at 11:35 p.m. 112 e