Loading...
HomeMy WebLinkAbout08 28 79 PC MinutesAugust 28, 1979 The Albemarle County Planning Commission conducted a public hearing on Tuesday, August 28, 1979, 7:30 p.m., Board Room, County Office Building, Charlottes- ville, Virginia. Those members present were Col. William Washington, Chairman; Mrs. Norma Diehl, Vice -Chairman; Mr. James Huffman; Mr. Layton McCann; Mr. Charles Vest; Mr. James Skove; Mrs. Joan Graves and Dr. James Moore. Other officials present were Mr. Frederick Payne, Deputy County Attorney; Mr. Ron Keeler, Assistant Director of Planning; Miss Mason Caperton, Planner; and Mrs. Idette Kimsey, Planner. Commission member who was absent was Mr. Kurt Gloeckner. Also absent was Tim Lindstrom, ex-Officio. Col. Washington called the meeting to order after establishing that a quorum was present. zMA-79-27. Charles W. Hurt has petitioned the Board of Supervisors to rezone 89 acres from A-1 Agriculture and R-3 Residential General to RPN/A-1. Property is described as Tax Map 78, parcel 57, part thereof, and is located west and adjacent to Ashcroft RPN. Staff opinion is that this is a logical extension of the Ashcroft RPN. Mr. Keeler presented the staff report pointing out that when Ashcroft was presented to the Board of Supervisors, the condition relating to Health Department approval was changed by the Board to read as follows: "Virginia Department of Health approval of two septic field locations on each lot. The Health Department shall either supervise or test each lot utilizing both soil tests and percolation tests. Such tests must demon- strate that two septic drainfields can be located on each lot without encroaching on any slope exceeding 25%. Septic tanks and/or drainfields shall not be located on any slope of 25% or greater. Any lot not having adequate septic system site shall be combined with a building lot and/or added to the common open space." Mr. Roy Parks, representing the applicant, described the area mentioning that the lots were slightly larger than the lots in Ashcroft but that the amenities were all in Ashcroft. Col. Washington asked about the water supply. Mr. Parks answered that there was a central water system in Ashcroft that would supply this new area if there was enough extra capacity but that a well would be drilled if water from Ashcroft was unavailable. Col. Washington expressed doubts about the water availability unless the drilling is very deep. Col. Washington closed the public hearing. (Mrs. Diehl entered the meeting.) (Mr. Skove entered the meeting.) Mrs. Diehl asked if the second wording of Condition 9 (pertaining to Health Department approval as desired by the Board of Supervisors for Ashcroft) caused any hardship on the developer. ,3-;,- Mr. Parks replied that the hardship would be on the Health Department. Mr. Huffman moved for approval with conditions as recommended by staff: 1. Approval is for a maximum of 28 dwellings subject to conditions con- tained herein. Locations and acreages of various land uses shall comply with the Approved Plan. In the final site plan and subdivision process, open space shall be dedicated in proportion to the number of lots approved; 2. No grading or clearing for street construction shall occur within any area until the final Stormwater Detention and drainage plans for subject sub -drainage basin have been approved for concurrent construction; 3. No grading or construction on slopes of 250 or greater except as necessary for road construction as approved by the County Engineer; 4. All lots shall be served by one or more central water systems approved in accordance with the regulations of the Virginia Department of Health, the Code of Albemarle County, and all other applicable law; 5. Private road shall comply with the private roads provisions of the Sub- division Ordinance; 6. County Attorney approval of Homeowners' Association agreements. All property owners shall become members of the Ashcroft Homeowners' Association and shall be subject to all regulations governing said association; 7. A separation of 100 feet or more between dwellings shall be provided for fire protection. Fire Official approval of fire prevention system. Such system shall be provided prior to any certificate of occupancy; 8. Planning Commission approval of areas to be cleared on individual lots; Planning Commission approval of general dwelling location on each lot; 9. Virginia Department of Health approval of two septic field locations on each lot. In such approval, the Health Department shall be mindful of the County's intent to discourage the location of septic tanks and/or drainfields on slopes of 250 or greater, since such practice has been described as questionable by the Health Department. Any lot not having adequate septic system sites shall be combined with a buildable lot and/or added to the common open space. Mr. McCann seconded the motion. Discussion: Mrs. Graves reported she had no strong feelings either way pertaining to Condition 9 and her feeling was if the Board of Supervisors wished to change the wording to be the same as that for Ashcroft, they will do it. The vote was unanimous for approval with staff's recommendations and with Mrs. Diehl and Mr. Skove abstaining. SP-79-48. Willoughby Corporation has petitioned the Board of Supervisors to amend SP-435 (Willoughby PUD). Property is located on the northwest of Route 742, between the city limits and Moore's Creek. County Tax Map 76M2, Parcels 5A, part; 5B, part; 6A, part; 6B, part; 7, part; and 8, part. Scottsville Magisterial District. Miss Caperton presented the staff report. Mr. Roy Parks, representing the applicant, explained that there is reduced density on these 48 acres of the 135-acre tract of 135 single family and duplex _?d units instead of 368 townhouse and apartment units. He mentioned that the plans would include sidewalks on the main roads with natural paths and bike trails. Mrs. Graves asked what the city required concerning the part of the develop- ment that will be in the city limits. Mr. Parks replied the city required no sidewalks and there was no regard for water run-off in that area. Col. Washington closed the public hearing. Mrs. Graves asked about the status of sidewalks in the city. Mr. Payne replied sidewalks are left to the discretion of the City Commission starting with two units per acre. Mrs. Diehl asked if this area has a townhouse density that is comparable to Orangedale. Mr. Parks replied that Orangedale is not a PUD. He said 28% of this area will be land in open space. Mrs. Diehl remarked that the duplex areas, at least, should have sidewalks for safety. Mr. Parks replied that he would prefer the wording "walkways" so that they could be constructed of some impervious material that would not be as expensive as sidewalks. Mrs. Diehl established that the area would be served by the County School buses. Mrs. Graves moved for approval subject to the following conditions: 1. Compliance with conditions 2-8, 10-14 and 18 of SP-534 as approved by the Board of Supervisors on July 22, 1976; 2. Correction of soil erosion problems to the reasonable satisfaction of the Zoning Administrator and the County Engineer prior to the recordation of any plat; 3. Sidewalks shall be constructed on the northern side of Street A and on both sides of Harris Road (marked on plan dated 8-28-79 NMC); and pedestrian walkways from the duplex development to Harris Road; 4. All streets shall be approved by the Virginia Department of Highways and Transportation for inclusion into the State Highway System, except for the private road serving duplex lots 93-102; 5. Compliance with private road requirements (serving lots 93-102); 6. Take old access locations off the plan; 7. Connect the pedestrian trail to the duplex lots; 8. The generalized land use plan, showing the location and types of single- family and duplex development and access on the internal roads shall be adhered to. The maximum number of lots approved is 135; 9. Fire Official approval of hydrant locations and specifications; 10. Albemarle County Service Authority approval of water plans. Mr. Skove seconded the motion. The motion carried unanimously for approval. WEBER RESIDENTIAL SITE PLAN: On the north side of Rt. 637 west of Rt. 708. Property described as Tax Map 73, parcel 30, 30A and 30B in the Samuel Miller District. Mrs. Kimsey presented the staff report mentioning that the Virginia Department of Highways and Transportation commented that the existing entrances are adequate for private entrances. However, they do recommend that any increased traffic use Rt. 637 entrance due to the limited sight distance on Rt. 708. Mr. Hackenberg, representing the applicant, stated that he had recommended to his client that the entrance on Rt. 637 should be used. Col. Washington closed the public hearing. Mrs. Graves moved for approval with the following staff recommendation: 1. A building permit will not be issued until the following condition is met: a. Health Department approval. Mrs. Diehl seconded. There was no discussion and the vote was unanimous for approval. VIRGINIA LAND COMPANY OFFICE BUILDING SITE PLAN: Property is on the west side of State Farm Boulevard, south of Route 250 East. Property described as Tax Map 78, parcel 20D part of, and in the Rivanna District. Mrs. Kimsey presented the staff report mentioning the fact that the Virginia Department of Highways and Transportation recommends that access to State Farm Boulevard be reserved to existing or proposed crossover locations and that cross access between parking areas be required. They also recommend any entrance should be a standard commercial entrance. Mr. Tom Sinclair, representing the applicant, stated he felt it was unclear what the requirements are for a commercial entrance. Mr. Byron Coburn, of the Virginia Department of Highways and Transportation, said that State Farm Boulevard had been constructed as a divided roadway. He pointed out that the next item on the agenda is a series of lots stripping this boulevard. This road, Mr. Coburn said, will be a major traffic collector in the future as Pantops area develops. Strip development, he said, may resemble Route 29 North and he recommended that access to State Farm Boulevard be at two crossover locations, whether constructed or proposed. He said he would recommend for the time to come reverse frontage access, service drive access, or something that will bring these trips back to crossover locations to alleviate weaving, U-turning traffic. Additional entrances cause these problems to increase. You then have continuous acceleration -deceleration lanes. Even recognizing that State Farm Boulevard is a low -speed road, probably 35 mph as opposed to 45 mph on 29 North, the zoning is there for this to be a highly travelled roadway. There is the potential of 10,000 vehicles. To this point, it has been proposed that State Farm Boulevard and other roads be State roads. Each lot having a series of entrances will be a problem. It is recommended that parking lots be connected so that people going from one site to another next door can just cross the driveway. Mr. Coburn said his department has asked many times for some insight into the total planning of Pantops, but no information has been received. /V Mr. Jim Hill, also representing the applicant, said the applicant doesn't want deceleration lanes coming off State Farm Boulevard as it will ruin the effect they are trying to achieve. The whole area is supposed to look like a college campus. He said there will be no McDonald's and no shopping centers. The road was built for State Farm Insurance Company and will be a business road only. Mr. Ron Keeler offered to get the total Pantops plan from the County Planning office one block away. Col. Washington agreed and ordered a ten-minute recess while Mr. Keeler went to the County Planning office to get the plans. After the recess, Mr. Keeler presented the Pantops plan and Mr. Hill, pointing to the plan, explained how the area was going to be developed, noting the entire parcel will take about 25 to 30 years to be fully developed. Mrs. Graves questioned if it shouldn't be decided whether or not State Farm Boulevard is in the State system and then proceed from there. Mr. Skove asked if it were within the realm of possibility that if a road is not constructed with what the Highway Department recommends, that the Highway De- partment would not accept it. Mr. Coburn answered yes, it was possible. Mr. Skove said he did not believe State Farm Boulevard could be equated to Route 29 North since Route 29 North carried cars between cities as well as Charlottes- ville traffic. Mr. McCann stated he agreed with Mr. Skove and furthermore agreed with the developer's plans. Mrs. Diehl moved for approval with staff's recommendations and condition "E" to read: Deletion of entrance on State Farm Boulevard and "F" to read: Entrance of "future road" to be aligned with entrance of National Bank and Trust Building on lot 1. Mrs. Graves seconded. Discussion: Mr. Hill said he objected strongly with the deletion of the entrance. He said he had less objection to a shared entrance. Mrs. Diehl said she would be willing to amend the condition to be a shared entrance with lot 3 rather than deletion of entrance on State Farm Boulevard. Mrs. Graves seconded the amendment. Mr. Coburn said he would prefer the Commission would clearly express their desires and make a statement saying that deceleration lanes are not necessary in their view for this road. He said he would then confer with his staff in Culpeper. Mr. McCann asked Mrs. Diehl how she spoke to Condition D as far as a commercial entrance. Mrs. Diehl said she thought the Highway Department would still have to approve the commercial entrance. Mr. McCann replied he knew they would have to approve the commercial entrance, but he was talking about the deceleration lanes. He established with Mr. Coburn that deceleration lanes can be part of a commercial entrance. Col. Washington called for a vote and the vote was 6-0-2 for approval subject to the following conditions: 1. The Building Permit will not be issued until the following conditions have been met: a. Health Department approval; b. Virginia Department of Highways and Transportation and County Engineer approval of drainage easement; C. Drainage easement be recorded properly as referred to in Virginia Department of Highways and Transportation August Site Review letter; d. Virginia Department of Highways and Transportation commercial entrance approval; e. Note on site plan shared entrance with lot 3 and to align the entrance on future road with the National Bank and Trust Company entrance on future road; 2. The Certificate of Occupancy will not be signed until the following con- ditions have been met: a. Fire Official approval; b. Albemarle County Service Authority approval of sewerage connection. Mr. McCann established he would have to vote "no" because he doesn't know whether deceleration lanes are included and he doesn't think they are needed. He said if they were not included, his vote would have been affirmative but he doesn't know whether they are in the motion or out. Col. Washington answered he believed it is the intent of the Commission, but if not they will vote on it. He said they don't see a need for deceleration lanes. He said it is a highway matter but they see no need. Mr. Huffman stated he would have to vote "no" also. PANTOPS FINAL PLAT - Lots 2-10: On the west side of State Farm Boulevard south of Rt. 250 East. the Rivanna District. Property described as Tax Map 78, Parcel 20 in Mrs. Kimsey presented the staff report noting that the Virginia Department of Highways and Transportation recommends a reversed frontage access for the strip lots in order to reduce the U-turn movements. This is required since State Farm Boulevard is a divided road. A service drive concept may be acceptable. Entrances to the State Farm Boulevard must be kept at a minimum and if at all possible direct access to crossovers in order to keep side friction at a minimum. If entrances are allowed to each lot it may be necessary to have continuous deceleration/acceleration lanes for the length of the subdivided lots to minimize problems of side friction. Interconnected parking areas should be required. Mr. Tom Sinclair, representing the applicant, stated his feelings against shared entrances for business properties still stands. Dr. Moore asked if Condition D takes the place of a maintenance agreement for a private road. Mr. Payne replied that State Farm Boulevard cannot be a private road. Mr. McCann moved for approval subject to the following conditions: 1. This plat will not be signed until the following conditions are met: a. Health Department approval; b. Change parcel 20G to 20D; c. All owners' signatures notarized and signed; d. Maintenance bond for State Farm Boulevard for acceptance into Virginia Department of Highways and Transportation's secondary road system; e. Access easement across front of properties. Mr. Vest seconded. Discussion: Mrs. Diehl said she could not support the motion as she sees problems that have not been addressed. She would like more information on shared entrances, road extension, etc. She asked Mr. Payne if service roads can be addressed at the site review. Mr. Payne replied that by reserving an easement, they can be addressed at a later time. Col. Washington said he did not see any need for service roads or deceleration lanes. He said he could go along with the motion if there were shared entrances. Mr. McCann said he would amend the motion to read: e. Shared entrances where compatible. Mr. Vest seconded the amendment. The vote was 6-0-2 for approval with the amendment with Mr. Huffman and Mrs. Diehl dissenting. CROSS RENTAL COTTAGES SITE PLAN: Off the south side of Rt. 250 West, one mile past Mechum River. Property described as Tax Map 57, parcel 41K, part of, in the White Hall District. Mrs. Kimsey presented the staff report mentioning that the Virginia Depart- ment of Highways and Transportation commented that a commercial entrance with a 100-foot long, 12-foot wide turn lane and 200-foot long taper will be required. Mr. Ben Dick, representing the applicant, said the applicant will take out by grading a little knoll at the entrance which would improve the sight distance but Mr. Dick said he feels a deceleration lane is not required. Dr. Moore asked if the ten -acre tract is recorded separately from the rest of the farm. Mr. Dick answered that it is recorded separately. Mr. Bill Tompkins, an immediate neighbor to the applicant, stated the three additional cottages would make a total of six small houses and asked why there are no requirements as with a development. He said erosion could be a problem. He also said most of the neighbors have put most of their money in their homes and the rental units _115 are small and will detract from the surrounding areas. Mr. Jordan, another neighbor, said he owns 200 acres and is concerned about the effects of the Cross rental plan. He said he was required to improve 140) the road frontage on his property and thinks the applicant should be required to do likewise. Mr. Harry Krygier, another neighbor, says he owns part of the private road and this will mean increased traffic on that road. Several other neighbors expressed their concern and disapproval of the applicant's request. Col. Washington closed the public hearing. Mr. Keeler suggested the Commission could tell the applicant he has not properly laid out the dwellings so they could be divided and meet the requirements of the Subdivision Ordinance. This would be a self-imposed hardship. Mr. Keeler also said if the property was subdivided and the driveway became a private road, he did not believe the proposed dwellings would meet the setback requirements of the A-1 district. Col. Washington said that in spite of who owns the fee to the land now, he didn't think it was good planning to approve something that won't work in the future when and if ownership changes. Mrs. Diehl moved for deferral until September 11, 1979. Mr. Skove seconded. Discussion: Mr. Keeler stated there would be an investigation into the ownership of the corner and how much would have to be removed, if any, to meet the highway departments's decel and turn into the property. Also, if owners are not agreeable to modification for access, then an investigation will be made into relocating this road off Mr. Krygier's property and in an area where direct access can be from Rt. 250 which may alleviate any question of maintenance agreements on old Rt. 250. The vote was unanimous for deferral. Mrs. Graves stated she sympathizes with the people present but the Commission can't legislate the way people live. She says the Commission can't say that people can't live in little houses nor can the Commission say that people who have property can't rent it out. She said people should be aware of their neighbors' concerns but the Commission can't speak to it. She feels it is the Commission's duty to see to it that land can be properly subdivided. WINDRIFT, SECTION II, FINAL PLAT: Three miles northwest of Earlysville on the southeast side of Rt. 664. Property is described as Tax Map 18, part of, and 21D in the White Hall District. Mrs. Kimsey presented the staff report adding two conditions: D. Grading permit; and E. Runoff control permit, if needed. 0 Mr. Roger Ray, representing the applicant, stated there is a revision of the lot line between lots 20 and 21 to give lot 20 some additional space for a septic system. He also said the percolation tests are not as yet complete. Mrs. Diehl said she would like a condition added concerning the soil and septic systems. Col. Washington closed the public hearing. Mr. Vest moved for approval subject to the following conditions: 1. This plat will not be signed until the following requirements are met: a. Virginia Department of Health approval of two septic field locations on each lot. In such approval, the Health Department should be mindful of the County's intent to discourage the location of septic tanks and/or drainfields on slopes of 25% or greater, since such practice has been described as questionable by the Health Department. Any lot not having adequate septic system sites shall be expanded to become a buildable lot or combined with a buildable lot; b. Virginia Department of Highways and Transportation and County Engineer approval of drainage easements; c. Virginia Department of Highways and Transportation approval of the commercial entrance and frontage improvement; d. Grading permit; e. Runoff control permit if needed. Mr. Skove seconded. The vote was unanimous for approval. HUNTER'S HALL FINAL PLAT: On the north side of Rt. 250 East near Shadwell. Property described as Tax Map 78 and 79, Parcel 4 in the Rivanna District. Mrs. Kimsey presented the staff report, with the addition of another condition. Condition "E" to read: Virginia Department of Highways and Transportation approval of the commercial entrance. Mr. Roger Ray, representing the applicant, commented he agreed with all conditions but would not like to see changing of the wording of Condition "C" to read: Grading permit. Mr. Payne reported it would be more accurate for the condition to read: Compliance with the soil erosion control permit. Col. Washington closed the public hearing. Mr. Skove moved for approval with staff's recommendations, including Mr. Payne's wording of condition C as follows: 1. This plat will not be signed until the following conditions are met: a. Health Department approval; b. Compliance with the private road provisions for lots 12-15, including: 1. County Engineer approval of the road; 2. County Attorney approval of maintenance agreement; c. Compliance with the soil erosion control permit; d. Virginia Department of Highways and Transportation and County Engineer approval of road plans and entrance; e. Virginia Department of Highways and Transportation approval of commercial entrance. Mr. Vest seconded. The vote was unanimous for approval with the changes mentioned. HARLOW AUCTION LIMITED SITE PLAN: On the west side of Rt. 616, south of Keswick near Interstate 64. Property described as Tax Map 94, Parcel 39 in the Rivanna District. Mrs. Kimsey presented the staff report mentioning that the Board of Supervisors approved two special permits to locate an auction house on 2.4 acres zoned B-1 on parcel 39 (SP-79-18) and to locate on 10 acres of parcel 39A zoned B-1 (SP-79-19) during the June 6, 1979 meeting. Also, on June 6, 1979, the Board of Supervisors approved a rezoning of .56 acre, a portion of 39A, from A-1 to B-1 to locate the auction house. Mrs. Diehl asked about the words "gravel lot" on the plan. Mr. Harlow answered the gravel area is for storage of equipment twice a year, approximately, before auctions. Mrs. Diehl thought 112 acres to be rather excessive. Mr. Harlow said the storage area will contain tractors, balers, binders, and other equipment that takes up quite a large space. 110) Col. Washington closed the public hearing. Mr. Skove moved for approval subject to the following conditions: 1. Compliance with the Special Permits SP-79-18 and SP-79-19; 2. Building Permit will not be issued until the following conditions are met: a. Virginia Department of Highways and Transportation approval of the commercial entrance; b. Fire Official approval of handicapped provisions and dumpster location; 3. Only those areas for parking, building, drainage, and septic system or other physical feature shall be disturbed; all other land shall remain in its natural state. Mr. Vest seconded the motion. There was no discussion and the vote was unanimous for approval. THROPP FINAL PLAT: On the south side of Rt. 665 near Free Union. Property described as Tax Map 30, parcel 4 in the White Hall District. Mrs. Kimsey presented the staff report mentioning the Virginia Department of Highways and Transportation considers the existing entrance adequate for a private entrance. 144) Mr. Thropp stated the Veterans Administration will not give him a mortgage without his ownership, free and clear, of the property he wishes to build upon. He : says a private road maintenance agreement is unlikely due to the fact that he cannot get in touch with the other owners who live out of town. He reported he will be the only owner using the road. Since there is a residue involved in this subdivision, Mr. Keeler suggested perhaps the Commission would like to add a note on the plat saying: "No dwelling can be constructed on the residue without the Planning Commission's approval." Mrs. Diehl moved for approval with Mr. Keeler's wording of the note to be on the plat and also waiver of the private road provisions. Mr. Vest seconded. There was no discussion and the vote was unanimous for approval. NORTH RIVANNA FIRST LAND TRUST FINAL PLAT: On the east side of State Route 606, north of Charlottesville -Albemarle Airport. Property des- cribed as Tax Map 32, parcel 6 in the Rivanna District. Mrs. Kimsey presented the staff report. Mr. Danny Graff, representing the applicant, had no comment. Col. Washington closed the public hearing. Mr. Huffman moved for approval with the following staff recommendations: 1. This plat will not be signed until the following conditions have been met: a. Health Department approval; b. Compliance with the private road provision including: 1. County Engineer approval of road; 2. County Attorney approval of maintenance agreement. Mr. McCann seconded. There was no discussion and the vote was unanimous for approval. WALTER A. YOUNG FINAL PLAT: On the east side of State Route 827 (Beagle Gap Road) west of Rt. 691. Property described as Tax Map 54, parcel 36A in the White Hall District. Mrs. Kimsey presented the staff report noting that the Board of Zoning Appeals approved a variance to Section 10-6-1 of the Zoning Ordinance on April 10, 1979, which allows the existence of the non -conforming lots that were not put to record by a deed prior to April 15, 1968. She also noted the applicant is seeking a waiver from 18-23-C of the Land Subdivision and Development Ordinance which requires lots of this size to have central water and sewerage. Mr. Rick Carter, representing the applicant, stated the Commission was being T-� shown two separate plats. The plat with lot Y shows another lot also. In 1963, Mr. and Mrs. Roy Doss signed a contract to purchase lot Y from Mr. Young, who is still the record owner. That lot and other lots were surveyed prior to 1968 by a Mr. Saunders who was a surveyor in Nelson County. It was the impression of Mr. Young and the Dosses that the plat was put on record in Albemarle County. Subsequent to 1968 and the Zoning Ordinance, it was discovered that the plat was never signed and/or the plat was lost and Mr. Saunders was by then deceased and could not sign the plat - if they could find it. The sales agreement called for Mr. and Mrs. Doss to make payments over a number of years and after they had made sufficient payments, Mr. Young would convey them the property. Mr. Young and Mr. and Mrs. Doss have reached agreement that sufficient payments have been made or that payments will be made through a loan which has been approved by the Farmers Home Administration. They were originally led to believe they could get a variance from the Board of Zoning Appeals as to lot size of lot Y and as to the technical requirement for not having a recorded lot in 1968. In other words, Mr. Carter said, they were going to say that lot Y was in existence, however was not recorded. It was a technicality and they were led to believe they could get a variance from that technicality and record lot Y. The variance was obtained and later it was found that the Board of Zoning Appeals was without power to do that. They were told they had to come back and ask for subdivision approval. If the Dosses had been living since 1963 on lot X, which is the end lot, all that would be needed would be to cut that lot off and Mr. Young could keep the other four houses, but through no fault of the Dosses, they are on the lot which is in the middle, so in order to cut lot Y off for Mr. and Mrs. Doss, two other lots must be created. Those two lots are lot X, which is on the plat with lot Y, and parcel Z which is the residue, after X and Y. All the houses are served by a central well. All the houses have their own septic tanks and drainfields on their own respective lots. Prior to 1974, Mr. Young attempted to have subdivision approval of other lots including these lots along Beagle Gap Road. The water and sewer was not a problem but the road was not maintained by the State and was not within the State system, so they had to wait for the State maintained road. In 1974, the State put in Beagle Gap Road, negotiations with the Dosses have been going on since 1974. They are now ready to close. They are asking that require- ments "A" (Health Department approval) and "C" (Central well approval by appropriate agencies) not be made requirements of approval for this subdivision because the septic systems have been in and working since 1963 and the water was in before then and pumps 6 gallons a minute and they've never been without water. Mr. Carter said he thinks it would be a burden and hardship on all the people involved and it is a particular burden on Mr. and Mrs. Doss. He said all that they are trying to do is get lot Y cut off and by cutting off lot Y, they happen to be making a subdivision. Since the Board of Zoning Appeals has given a variance as to lot size, they ask now for approval of the subdivision. Mr. Skove moved for approval subject to the following condition: 1. This plat will not be signed until the following condition is met: a. Owner's signature notarized and signed for plat showing parcel Z. Mr. McCann seconded the motion. The vote was unanimous for approval. Mr. Thropp re-entered the meeting and asked for reconsideration of his application. He reported that he had misunderstood the decision of the Planning Commission and the condition set by the Planning Commission would prohibit his immediately 140) starting to build tenant housing and housing for his children. Mrs. Graves moved for reconsideration of Mr. Thropp's application. Mrs. Diehl seconded the motion. The vote was unanimous for reconsideration. Mrs. Graves moved for deferral of the Thropp application until September 11, 1979. Mr. McCann seconded. The vote was unanimous for deferral. Old business: Mrs. Diehl moved for another work session to complete work on the urban area as originally considered at the public hearing and also to send indication to the Board that Biscuit Run is being considered as an addition to the urban neighborhood. Mr. Skove seconded the motion. The vote was 6-0-2 with Mr. Huffman and Mr. McCann dissenting. Mr. Keeler chose September 6, 1979 for the work session date. With no further business, the meeting adjourned at 12:40 a.m. W 9