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HomeMy WebLinkAbout10 23 79 PC MinutesOctober 23, 1979 The Albemarle County Planning Commission conducted a public hearing on Tuesday, October 23, 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. Layton McCann; Dr. James Moore; Mr. James Skove; Mr. James Huffman; Mr. Charles Vest; and Mrs. Joan Graves. Absent were Mr. Kurt Gloeckner and Mr. Timothy Lindstrom, ex-Officio. Other officials present were Mr. Fred Payne, Deputy County Attorney; Mr. Ron Keeler, Assistant Director of Planning; Miss Mason Caperton, Planner; and Mrs. Idette Kimsey, Planner. Col. Washington called the meeting to order after establishing that a quorum was present. Minutes of June 26, 1979 were approved as submitted. Minutes of June 27, 1979 were approved with corrections. Minutes of July 24, 1979 were approved as submitted. Minutes of August 21, 1979 were approved as submitted. Minutes of August 28, 1979 were approved as submitted. Minutes of September 11, 1979 were approved as submitted. Minutes of September 27, 1979 were approved as submitted. Minutes of October 15, 1979 were approved as submitted. PANTOPS, LOTS 11-18 FINAL PLAT - Located off the south side of Rt. 250 East on State Farm Boulevard and South Pantops Drive; proposed division of lots 11-18, each lot containing approximately 40,000 square feet. Rivanna District. Mrs. Kimsey noted that the applicant has requested deferral for an indefinite period of time. Mr. Vest moved for deferral. Mr. Huffman seconded the motion which carried unanimously. 1979. 09 ASHCROFT, SECTION 1, PHASE 1, FINAL PLAT - Located off the northeast side of Rt. 250 East, north of the I-64 interchange; proposed division of lots 1-26 with an average size of 1.29 acres as approved previously for RPN/A-1 zoning. Rivanna District. Mrs. Kimsey noted that the applicant has requested deferral until November 20, Mrs. Diehl moved for deferral. Mr. Vest seconded the motion, which carried unanimously. BROADWAY STREET/SPRING VALLEY FARM FINAL PLAT - Located on the north side of Broadway Street south of the Woolen Mills; proposed division of 6.8+ acre parcel into 2 parcels and dedicate a portion of Broadway Street. Rivanna District. 19 Mr. Payne stated he has a client who has signed the plat being presented with this application, but that his client has no real interest in the property in question. His client signed the plat to effect identification. Therefore, Mr. Payne said, he did not feel it necessary to disqualify him- self from the discussion as there was no conflict of interest. Miss Caperton presented the staff report. Mr. Tom Sinclair, representing the applicant, stated this plat is before the Board of Supervisors for rezoning as there is a buyer who needs the property rezoned. This individual, Mr. Sinclair said, needs 8 acres. Col. Washington closed the public hearing. Col. Washington established the plat is the same as the prior plat that was before the Commission for a rezoning request. Mr. Sinclair said a proffer of some sort will probably be made to the Board. Mrs. Graves asked that a condition be added that the applicant hook on to the public sewer when it is available. r„ Mr. Sinclair said he had no objection to that request. Mrs. Diehl moved for approval of the application with the following conditions: 1. The plat will be signed when the following conditions have been met: a. Broadway Street shall be bonded for acceptance into the State road system; b. Written Health Department approval; C. Virginia Department of Highways and Transportation approval of commercial entrance locations; d. Properties to be served by public sewer when it becomes available. Mrs. Graves seconded the motion. The vote was unanimous for approval with no further discussion. PANTOPS LOT C FINAL PLAT - Located off the south side of Route 250 East on Pantops Mountain, tax map 78, parcel 15B and 15C (pt.) in the Rivanna Magisterial District. Mrs. Kimsey presented the staff report mentioning that the structure on the property is connected to public water. Mr. Tom Sinclair, representing the applicant, had no comment to make. J4341/ Col. Washington closed the public hearing. Col. Washington asked for a further explanation of the plat. Mr. Tom Sinclair, representing the applicant, said the plat is composed of 2 parcels, one parcel with a pipestem and 70-foot wide entrance and the other with frontage on South Pantops Drive. The 70-foot strip will become part of the larger parcel and a portion of the larger parcel will be taken and added to the remainder of the small parcel. The parcel labelled 15B is not a part of the division. Mr. Skove moved for approval with the staff's recommendations as follows: 1. This plat will not be signed until the following conditions are met: a. Note parcel 15C on the plat; b. Health Department approval; C. Virginia Department of Highways the commercial entrance; d. Compliance with the private road 1. County Attorney approval of 2. County Engineer approval of Mrs. Graves seconded the motion. and Transportation approval of provisions, including: the maintenance agreement; the road. There was no further discussion and the vote was unanimous for approval. DUDLEY MOUNTAIN LODGES PRELIMINARY PLAT - Property described as parcels 81H, 76 and 79 on tax map 89, Samuel Miller District. Division of 7 parcels. Miss Caperton presented the staff report noting Lots 1-4 were approved in August, 1973 but were not recorded. Variances were obtained from the Board of Zoning Appeals in August, 1979 for relief from the setback requirements of the ordinance. Mr. Charles Hughes, representing the applicant, said the Health Department said they would be glad to give approval, and they have done so, but they don't understand what they are approving since these houses already exist and have existed, and have received approval previously. He said he would like to make clear the fact that these houses, entrances and roads have existed for at least 5 years. Furthermore, they have been approved by the county not once but twice previously. The Highway Department approved the entrances and the Health Department approved the septic systems. He said in late winter of 1973, he met with Mr. John Humphrey to discuss the subdivision that is on tonight's agenda. L. I. Associates was aware of the County's ordinances and knew generally what was expected but wanted to make sure no details were overlooked, so a discussion was had with Mr. Humphrey. Also, L. I. felt that preliminary discussions with Mr. Humphrey would be helpful in securing final approval. At the same time, L. I. contacted Mr. R. G. Warner of the Highway Department to discuss the necessary entrances on Route 706. Mr. Hughes met with Mr. William Keister of Mr. Warner's office on the site and discussed their location, width of entrance, and size of entrance pipes. There was an existing entrance for Lot 1 which was created by a previous relocation of Rt. 706. There was an existing entrance to Lot 1 before the house was built. Mr. Keister approved the entrance and recommended the length and diameter of entrance pipe to im- prove it but since the entrance already existed, no permit was necessary. Mr. Keister also recommended the location and width of the main entrance and indicated that since it is at the crest of a hill, no pipe was required but a 50-foot entrance radius would be necessary. Houses were built on Lots 1, 2, and 3 in 1973. Included in the plat was a 25-foot strip dedicated to the County and the location of the main entrance. The plat was approved as of 8-21-73 by Mr. Catlin, then chairman of the Planning Commissior and Mr. Humphrey, agent for the County Board of Supervisors. Due to an error on the �iS attorney's part, the plat was not recorded until 7-9-74. The consequences of this oversight were not pointed out to L. I. until this past spring. In 1974, additional houses were built on Lots 4, 5, 6, and 7. Because the house on Lot 4 was built without proper side yard, revision of the previously approved plat had to be made, allowing the proper side yard. L. I. chose to do this rather than requesting a variance from the Planning Commission or Board of Supervisors. This required L. I. to go back to Mr. Humphrey for a revised plat and a second approval was obtained of this property from Mr. Carr, who was then the Chairman of the Planning Commission and Mr. Humphrey, agent for the Board of Supervisors on 8-6-74. Mr. Hughes said it has been L. I.'s intention to conscientiously meet all County and Highway Department codes and procedures and L. I. met all the above mentioned requirements voluntarily and in good faith. This past spring brought the first step in the anticipated sale of the seven houses as individuals and residue parcel. It was then found the previously approved plats were not properly recorded because of the 6-month limitation. Mr. Hughes said he feels he deserves consideration in what he terms a grandfather clause. He said L. I. did everything required at the time to meet the ordinances as they were. L. I. feels the requirement of a commercial entrance is excessive and bureaucratic. The present request will not increase the use of Route 706 as there are 4 to 6 students renting each house and when they are sold, the amount of automobiles will decrease since 80% of the students own cars. If houses are sold to families, there will only be one or two cars per house. Also, when and if the residue parcels are developed, will have to come before the Planning Commission again and at that time the Planning Commission can require any- thing deemed necessary to the entrance to allow development of that land. Col. Washington closed the public hearing. Mr. Skove asked for the approximate language in the Subdivision Ordinance pertaining to lots. Mr. Payne answered that no peculiarly shaped or elongated lots to obtain required lot area or frontage on a public road would be allowed. Mr. Skove stated this was a classic case of approving buildings and then trying to draw lots around them in order to sell them. Mr. Hughes said he would like to remind the Commission that the application had been approved once before. Mrs. Diehl commented she felt the Highway Department's suggestions are excessive and asked if scrub vegetation could be removed. Mr. Keeler replied that any work done in the Highway Department's right-of-way requires Highway Department approval. Mr. Huffman commented he felt the Highway Department's requirement of a commercial entrance is excessive but doesn't see any way to get out of it. Col. Washington stated a commercial entrance is a 30-foot turn radius but he feels a deceleration lane is too expensive. Mrs. Diehl asked for the sight distance. Miss Caperton replied the sight distance is 150 to 200 feet to the right but the road is not posted for speed limits. Mr. Payne said the existing pipestem should have the property line re- drawn to the center line of the road. Mr. Hughes explained that this was not done before because the road belongs to the larger parcel and an attempt was made to keep the owner from having to deal with five property owners. Mrs. Graves asked if the central well had been approved. Miss Caperton answered that it had. Mr. McCann moved for approval of the application subject to the following conditions: 1. The following conditions will be recommended for final approval: a. Written Health Department approval; b. Any additional units on the approved central wells will require further special permit approval; C. County Engineer approval of the well serving lots 5, 6 and 7; d. An easement be provided over Dudley Mountain Road to serve all parcels, including residue parcel E-1; e. Compliance with the private road provisions, including: 1. County Engineer approval of the road; and 2. County Attorney approval of a maintenance agreement; and 3. Amend plat to comply with section 18-36(b)3 of the Subdivision Ordinance; f. No further division of the property without Planning Commission approval; g. Provide access easement for lot 1 over adjacent property to the west. Mrs. Diehl seconded the motion. Discussion: Mrs. Graves said she could support but would like to be sure that if the residue is developed, the Highway Department and County could get a better entrance. In other words, she said, she would like the entrance re-examined at the time of future development of the residue. She said she would like grading of Rt. 706 and remainder of vegetation removed for a commercial entrance considered at that time. room. The vote was unanimous for approval. JOHN DEERE - T.D.R. SALES SITE PLAN - Located on the east side of Route 29 North at the old Moose Lodge Site, tax map 45B(1), parcel 14A and 14 in the Charlottesville Magisterial District. Request to locate a John Deere home and gardening sales and service building. Dr. Moore disqualified himself from the discussion and vote by leaving the Mrs. Kimsey presented the staff report. Mr. David Blankenbaker, representing the applicant, stated Mr. Funfgeld met with the Highway Department when the site plan was begun and understood only frontage improvements would be required. Therefore, he feels the 200-foot lane and taper is excessive. Col. Washington closed the public hearing. Mr. Huffman asked if the Highway Department had any rationale for increasing the taper from 100 feet to 200 feet. Mrs. Kimsey answered that staff had been told the standards have changed. Mrs. Graves said she thinks the septic fields should be shown on the site plan. She noted that the Fire Marshall stated there are outstanding fire violations. She asked how this information would be handled as the applicant might not be aware of the violations. Mr. Payne answered he suspected a building permit would not be granted until the corrections of the violations are made. Mrs. Diehl moved for approval with the following conditions: 1. No Certificate of Occupancy will be issued until the following conditions are met: a. Virginia Department of Highways and Transportation commercial entrance approval; b. Health Department approval of adequate septic system; C. Compliance with the Soil Erosion and Sedimentation Control Ordinance; d. Note on the site plan the height for the proposed trees; e. Correct parking space size. Mrs. Graves seconded the motion. Discussion: Mr. Skove asked Mr. Keeler when the Highway Department changed their standards. Mr. Keeler answered that he was unaware of any specific date. Mr. McCann stated he still is bothered by the Highway Department requirements and he doesn't feel like making requirements for the Highway Department. Mrs. Graves said she feels the entrance on Route 29 is situated so that a long taper is actually needed. Col. Washington established that customers would be bringing in lawn tractors for repair and not farm tractors. taper. Mr. Vest stated he would like to see a 100-foot taper instead of a 200-foot Mr. McCann agreed with Mr. Vest. Mr. Huffman commented that the only thing that bothered him was that how could the Planning Commission have been so short sighted six months ago to approve a 100-foot taper that was subject to having tow -trucks pulling cars with broken transmissions into an entrance to a business. The vote was 4 to 3 for approval with Messrs. Vest, McCann and Huffman dissenting. Dr. Moore re-entered the meeting. WICKS FINAL PLAT - Located off the southeast side of Hydraulic Road south of the intersection with Rio Road. Property described as parcel 10 on tax map 61, Charlottesville Magisterial District. Request division of the 3+ acre parcel into two lots with 67,000+ square feet each. Miss Caperton presented the staff report mentioning that in September, 1979, the Planning Commission required another applicant to the south to dedicate half of the needed right-of-way along the property line for Greenbrier Drive and that staff is re- commending that this applicant agree to reserve a portion of the needed right-of-way. Applicant was represented by a man who said he has power of attorney for the Wicks and that they are an elderly couple who need someone to look after them. The applicant's representative said he planned on moving onto the property after purchasing the property from the Wicks and that he is a personal friend of the Wicks. He said the applicant doesn't mind sharing the right-of-way with the Townwood site. Col. Washington closed the public hearing. Mr. McCann asked why there was a reservation of right-of-way in one case and dedication in another case. Mr. Payne answered that in this case dedication can't be justified as the burden imposed on the streets is really too small with a 2-lot subdivision. Mr. McCann moved for approval with staff's recommendations as follows: 1. The plat will be signed when the following conditions have been met: a. Written Health Department approval; b. Compliance with the private road provisions, including: 1. County Engineer approval of the road; 2. County Attorney approval of maintenance agreement; c. Virginia Department of Highways and Transportation approval of sight distance; d. Reservation of right-of-way along the western boundary with the align- ment as shown on "Drawing A" (from the Townwood Site Plan, dated 10-17-79, NMC) e. Fee of $40.00 due. Mr. Skove seconded the motion. There was no discussion and the vote was unanimous for approval. TOWNWOOD SITE PLAN - Property described as parcels 9 and 12 on tax map 61, Charlottesville Magisterial District; located southeast of the intersection of Route 743 (Hydraulic Road) and Route 631 (Rio Road). Proposed 140 town- house units on 18+ acres with a density of 7.5 units per acre and with access from Hydraulic Road. Miss Caperton presented the staff report. Mr. Frank Kessler, representing the applicants who are purchasers of the property, Dr. Williams, Dr. Knight, Dr. Frank McCue, John Dezio and Gilbert Sullivan, stated that he had talked with the Planning Department and was told the County desired a collector road to connect with Greenbrier. He said the land was purchased for $20,000 and dedicated to the County and that particular portion shows no townhouses at all. He said the maximum use of the land as it is currently zoned is 158 units an acre but that the professionals have told him that 140 units would be the best use of the land. He said the units are in clusters of 4, 6 and 8 with no long buildings. Mr. Bill Daggart of S.L.D.C. Architects, also representing the applicants, said a major collector road will be dedicated. Cul-de-sacs have been created where necessary Al to utilize land. There is as much open space as possible and three play areas (tot lots) are planned. A citizen spoke asking how the timetable for the development of this property fits in with the improvements of Hydraulic Road. Miss Caperton answered that the Highway Department has run into some funding problems and it will probably be another year before they start on Hydraulic Road. Mr. Kessler said that due to the mortgage situation, they don't plan on starting until maybe spring or as late as June. Mr. Daggart said that construction vehicles would have to use Hydraulic Road when they start, but even then no people will be inhabiting the townhouses until six or eight months after they start construction. Col. Washington closed the public hearing. Mrs. Graves said that stormwater management will be critical as the stream that runs between Four Seasons and Berkeley causes flooding and Mr. Yager is concerned about any further damage occurring. Col. Washington asked Mr. Kessler who the potential buyers are of the townhouses. Mr. Kessler said there is a great demand for townhouses in this area. Mr. Huffman moved for approval with staff's recommendations as follows: 1. A building permit will not be issued until the following conditions have been met: a. County Engineer and Virginia Department of Highways and Transporta- tion approval of road plans; b. County Engineer approval of curbing and drainage facilities; C. Compliance with the Stormwater Detention requirements; d. Fire Official approval of hydrant locations; e. Albemarle County Service Authority approval of water and sewer plans; f. Virginia Department of Highways and Transportation approval of commercial entrance; g. Compliance with the Soil Erosion Ordinance; h. Add note to the plan regarding typical play area equipment; i. Provide screening in open areas around parcel 10 of tax map 61; j. Structures must be 30 feet from the right-of-way; 2. A Certificate of Occupancy will not be issued until the following condi- tions have been met: a. Dedication of right-of-way as shown on site plan; b. Greenbrier Drive to be constructed or bonded to the appropriate Virginia Department of Highways and Transportation standard. Mr. Vest seconded the motion. Discussion: Mrs. Graves asked if the setback for gas lines has been approved by the city. Mr. Daggart answered yes. The vote was unanimous for approval. /Iv FOUR SEASONS OFFICE BUILDING SITE PLAN - Property described as part of parcels 2 and 2B on tax map 61X(1), Charlottesville Magisterial District. Located at the southwest corner of Rio Road (Route 631) and Four Seasons Drive. Proposed 16,000 square -foot, two-story office building for Four Seasons. Miss Caperton presented the staff report mentioning that a request for PUD zoning was approved by the Board of Supervisors in 1973. A representative of Empire Management Corporation, the applicant, mentioned there are three entrances coming into the property. Col. Washington closed the public hearing. Mrs. Diehl asked for an explanation of the recommendation by staff to relocate the entrance to the site about 60 feet away from Route 631 on the interior road. Miss Caperton answered that the Highway Department had recommended moving the entrance down 60 feet to allow stacking room. Mr. McCann established the fact that there is a decleration lane existing. Mrs. Graves pointed out that cars did not congregate in the area and moved steadily in and out of the area with no problems. She said she did not feel strongly about moving the entrance. Mr. McCann moved for approval, striking the recommendation pertaining to moving the entrance, and subject to the following recommendations: 1. A building permit will not be issued until the following conditions have been met: a. Albemarle County Service Authority approval of water and sewer plans; b. County Engineer approval of pavement specifications, curbing and drainage facilities; c. Fire Official approval of hydrant locations, handicapped provisions, and dumpster location; d. Compliance with the Stormwater Detention requirements; e. Virginia Department of Highways and Transportation approval of commercial entrance; f. Identify all landscaping materials and provide landscaping near the building (planters, etc.) and submit to the staff for approval; g. Note parking required on the site plan. Mr. Huffman seconded the motion. There was no discussion and the vote was unanimous for approval. RIVERIDGE PRELIMINARY PLAT - Property described as part of parcel 41A on tax map 41, White Hall District. Located off the northeast side of Route 614 on the Moorman's River, east of White Hall. Proposed division of 44+ acres into 13 lots with an average lot size of 3.4 acres. Miss Caperton presented the staff report and mentioned three letters of opposition. r✓ Mr. Roger Ray, representing the applicant, said he had no comment to make. 0-72 Mr. Payne stated the applicants are his clients, but he has no dealing with this application and therefore feels no need to disqualify himself from the discussion. Col. Washington closed the public hearing. Col. Washington established with Mr. Ray that the structure on the 7-acre lot is a barn in poor condition. Mr. Skove established the land is wooded. c Mr. Shannon, an interested citizen, asked for permission to speak and was granted this permission. He said he believed Federal Legislation demanded a 300-foot setback from the stream bed be left in its natural state and that if it was not a hardship, he would like to request the Commission to adhere to this legal advisement. Mrs. Diehl said she believed the Moorman's River was considered a County scenic river and the ordinance spoke to a 65-foot setback. Mr. McCann moved for approval with staff's recommendations as follows: 1. The following conditions will be recommended for final approval: a. Written Health Department approval; b. Compliance with the private road provisions, including: 1. County Engineer approval of road plans; 2. County Attorney approval of maintenance agreements; C. Compliance with Soil Erosion and Runoff Control Ordinance; d. Virginia Department of Highways and Transportation approval of a commercial entrance; e. No septic systems shall be located within the 100-foot septic setback or the approximate flood hazard area, whichever is greater Mr. Vest seconded the motion. Discussion: Mrs. Graves said she felt a new condition should be added saying no building sites on lots with slopes of 25%. Mr. Ray commented that that condition would remove saleability of a lot. He could accept a condition saying no buildings will be built on 25% slopes. Mrs. Diehl asked if that would be possible as she is concerned about encroach- ment on the river. She asked Mr. McCann if he would accept a new condition. Mr. McCann said he would not. Mrs. Diehl said she would like then to make a substitute motion adding a new condition "F" reading: No buildings are to be located on 25% or greater slopes. Mrs. Graves seconded the motion. The vote was 5 to 3 for approval with the new condition. Mr. McCann, Mr. Vest, and Mr. Huffman dissented. Mr. McCann said the new condition was already covered in the ordinance and that is why he refused to accept it. M COPPERFIELDS SITE PLAN - Located off Commonwealth Drive west of Greenbrier Drive, tax map 61-W, parcel 3 in the Charlottesville Magisterial District. Request to locate townhouse units on 4 acres with a density of 10 units per acre. Mrs. Kimsey presented the staff report. Mr. Joe Hearn, representing the applicant, said he was not aware of the last condition and felt it unfair to throw all improvements on one parcel of land. He said that it was very unreasonable. Mr. Jack Douglas, also representing the applicant, said he prepared the plans and the road is 30 feet wide and narrows to 26 feet. It is a Class 4 road. He said traffic generally cannot be based on the number of units - that the traffic is in excess of 2,000 vehicle trips per day now and 250 more vehicle trips per day won't make that much difference. Dr. Moore established there is no maintenance arrangement now between the property owners using the road. Mr. Payne commented that somebody is going to be sorry if it doesn't get into the State system. Mr. Keeler said townhouses were going to be built and sold and in order to do this the road must be a State road or a private road with a maintenance agreement. Col. Washington commented that the project can't be approved when you don't know who is responsible for the roads. Mr. Payne said if no funds are available to make this a public road and it can't be maintained as a private road, then it ceases to be the County's problem. Mr. McCann said if the road has to be brought to State standards, he can go along with condition "F" and he therefore moves for approval subject to the staff's recommendations as follows: 1. No bujliing permit will be issued until the following conditions are met: a. Compliance with the Stormwater Detention Ordinance; b. County Engineer approval of the grading permit and storm drainage system; C. Virginia Department of Highways and Transportation approval of the commercial entrance; d. Albemarle Service Authority approval of water and sewerage plans; e. County Attorney approval of the Homeowners' Agreement; f. That the portion of Commonwealth Drive from the site to Peyton Drive and that the portion of Peyton Drive from Commonwealth Drive to Greenbrier Drive are to be constructed to Virginia Department of Highways and Transportation standards for traffic generated by the developer. Mr. Skove seconded the motion. There was no discussion and the vote was unanimous for approval. CROSS RESIDENTIAL SITE PLAN - Located off the south side of Route 250 West, one mile past Mechum River, tax map 57, parcel 41K, in the White Hall District. 115-3 Request to locate three additional rental cottages on ten acres where there are two existing rental cottages. Mrs. Kimsey presented the staff report. Mr. Ben Dick, representing the applicant, said that the last time his applicant was before the Commission with this request, they were asked to determine the status of the entrance and who owned it. While doing this, they discovered that a couple of the houses were found to be planned for 25% slopes. That has been corrected. He said his client is not opposed to widening the entrance and since the knoll is within the State right-of-way, he has obtained permission from Mr. Coburn to grade the knoll down for sight distance. With this done, there will be 100 yards each way of sight distance. However, the applicant is unwilling to have a deceleration lane of 100 feet as this will cost an additional two or three thousand dollars and the Krygier's who also use the road have never been required to help maintain the road. Rt. 250. Col. Washington established the road on the plat is "old Route 240" and not Col. Washington closed the public hearing. Mr. Huffman asked if the houses could be divided and sold because if not, that would be a self-imposed hardship. Mr. Keeler answered that the setbacks now allow division but that the existing house would require a variance from the setback requirements if sold. Mr. McCann stated he was inclined to go along with the conditions recom- mended by the staff as they are written, but he does not support the highway department's letter in this case. He said he supports a commercial entrance for this application. Mrs. Diehl moved for approval subject to the conditions recommended by staff as follows: 1. No building permit will be issued until the following conditions are met: a. Health Department approval; b. Virginia Department of Highways and Transportation approval of the commercial entrance; C. Compliance with the private road provisions, including: 1. County Engineer approval of the road; 2. County Attorney approval of the maintenance agreement; d. Delete parcel 41G as a portion of this proposal; e. Note owner of parcel 41G. Mrs. Graves seconded the motion. Discussion: Mr. McCann said he would like to know what he will be voting on and asked if staff is recommending a decleration lane or not. Mr. Payne answered that he understands the highway department will require a deceleration lane in this case. Mr. McCann said he would suggest taking the condition out. The vote was 5 to 3 with Messrs. McCann, Huffman and Vest dissenting. InI HARLOW RESIDENTIAL DUPLEXES SITE PLAN AMENDMENTS - Property described as parcel 61 on tax map 75, Samuel Miller District; located on the north side of Route 702, west of Old Route 29 South. Miss Caperton presented the staff report. Mr. Peatross, representing the applicant, said he had no comment and the rest of the landscaping will be done in the spring. Col. Washington established the water hook-up issue has been resolved. Mr. McCann moved approval of the application. Mr. Vest seconded. Mrs. Graves established the applicant must come back to the Planning Commission if the house is occupied. The vote was unanimous for approval. THROPP FINAL PLAT - Property located near Free Union on the south side of Route 655, tax map 30, parcel 4 in the White Hall District. A request for a one lot division of 2 acres leaving a residue of 18 acres for re- lease of a deed of trust. Mrs. Kimsey presented the staff report. Col. Washington established that 4 residences will be using the entrance. Mr. Payne stated that certain variances have been granted - one for a set of greenhouses on the west side of the road and 2 dwelling units on the other side. Mr. Thropp stated a private road agreement would involve the people behind his property and that there is no way to bring them to an agreement as he has written them and received no answer. He commented that since the Subdivision Ordinance says the Planning Commission can waive a private road maintenance agreement, he would like the Commission to know he has been willing to share the cost but can't get any response from the other property owners. He also felt there would not be enough traffic for a commercial entrance. He is also fencing an 8-foot-wide right-of-way. Mrs. Diehl established the applicant is going to be growing tomatoes for sale to stores locally. Mrs. Graves established the variances granted were for the dropping off of land where the greenhouses and the packing shed for the tomatoes will be constructed. Mr. Keeler established that any access serving more than two properties demands a commercial entrance. Mr. Fred Landess, representing the applicant, said the only reason the applicant was asking for a 2-acre parcel is to get the Veteran's Administration loan to build a house. In the meantime, he is getting a temporary mobile home plus another mobile home for his stepson who will help him on the property. Mrs. Graves established the fact that fire trucks could get through the 8-foot 155 wide right-of-way if the need should arise. Mr. Thropp informed the Commission that he had a permit for a 40-foot wide entrance to the property. Mr. Landess asked for explanation of where his client stood on the highway department's requirements concerning a commercial entrance. The Commission discussed the problem of not knowing exactly what to expect from the highway department on their requirements concerning commercial entrances and' deceleration lanes. Mr. Vest moved for approval subject to the staff's recommendations. Mr. McCann stated he was not ready for a motion as the problem of a maintenance agreement for the right-of-way was not settled. Mr. Payne suggested a maintenance agreement between the applicant's 2-acre parcel and the applicant's residue parcel. The Commission discussed each recommendation that was in the staff report and decided on the following recommendations: 1. This plat will not be signed until the following conditions are met: a. Compliance with the private road provisions, including: 1. County Engineer approval of the road; 2. County Attorney approval of the maintenance agreement; b. Note on the plat a 30-foot easement; C. Virginia Department of Highways and Transportation approval of entrance. Mr. McCann seconded the motion. There was no further discussion and the vote was 7 to 1 with Mrs. Graves dissenting. With no further business to discuss, the Commission adjourned at 11:25 p.m. 156