HomeMy WebLinkAbout12 17 79 PC MinutesDecember 17, 1979
The Albemarle County Planning Commission conducted a public hearing on
Monday, December 17, 1979, 7:30 p.m., County Executive's Conference Room, County Office
Building, Charlottesville, Virginia. Those members present were Col. William Washington,
Chairman; Mrs. Norma Diehl, Vice -Chairman; Mr. James Huffman; Mr. James Skove; Dr. James
Moore; Mr. Charles Vest; Mr. Layton McCann; and Mrs. Joan Graves. Commission member who
was absent was Mr. Kurt Gloeckner. Also absent was Mr. Timothy Lindstrom, ex-Officio.
Other officials present were Mr. Frederick Payne, Deputy County Attorney; Miss Mason
Caperton, Planner.
Col. Washington called the meeting to order after establishing that a quorum
was present.
Minutes on the agenda were postponed until December 18, 1979.
ZMA-79-45. B and T Enterprises - located on the west side of Route 678 at
Ivy. Property described as Tax Map 58, Parcel 84, part thereof. 16.975 acres.
Col. Washington explained the procedure applicants abide by before the
Planning Commission to the public. He then explained that the current application was
deferred. He said he believed it is the intention of the applicants to get some kind
of agreement between the Highway Department and themselves. He told Miss Caperton it
was not necessary that the staff report be read.
Miss Caperton explained that the applicants have worked out an arrangement
which will be satisfactory to the Highway Department on a preliminary basis. She said
the Highway Department saw the proposal the other day, however nothing final has been
approved.
Col. Washington asked if the Highway Department says they can live with this
proposal.
Miss Caperton answered yes, with proper technical review.
Mr. Gibson, representing the applicant, said the Highway Department reported
that as long as the applicants meet the horizontal and vertical alignment criteria for
secondary roads, they will approve the proposal.
Roger Ray, also representing the applicants, said they chose one of the
Highway Department's proposals.
Mr. Huffman asked Miss Caperton if the staff report was written before or
after the Highway Department saw the proposal. He wanted to know if this was why the
staff report said that staff was reluctant to support the application.
Mr. Gibson spoke up saying he had talked with Mr. Keeler and Mr. Keeler and
the rest of the staff now support the application.
Mrs. Graves said she remembered reading the minutes and asked if there wasn't
a proffer for the road.
Col. Washington answered that the applicant is reserving.
Mrs. Graves said then that can't be part of the zoning amendment, can it.
Mr. Payne answered saying the Commission has the authority to require the
reservation shown as part of the subdivision process and that the Commission can
require a reservation whenever the plat is brought in and the rezoning is not a
matter of significance until there is a subdivision plat.
Mr. Gibson said the applicant is willing to bind himself to the reservation
shown on the plat. He recalled that the reservation was the issue raised at the last
meeting.
Mr. Payne said that is not such a good idea because if there is any difference
of a few feet one way or another in width or whatever, that stands as part of the re-
zoning as a legislative act that there is a proffer. Since it can be done outside the
rezoning, he suggests retaining this flexibility.
Mrs. Graves said she doesn't see how the Commission can act on a preliminary
plat of 1-point-so-many acres for each lot if the Board has not approved the zoning.
Miss Caperton commented that there was a mix-up due to the holidays and they
couldn't get the preliminary until after the Board meeting. She said that the Service
Authority wrote a letter saying this property has no public water available due to low
pressure in the area and so the plat had to be redrawn to allow for 60,000 square -foot
lots.
Col. Washington closed the public hearing.
Mr. McCann said he thought all questions had been answered that had been
raised at the previous meeting and he moved for approval.
Mr. Huffman seconded the motion.
There was no discussion and the vote was 7-0-1 with Mrs. Graves abstaining.
LOCUST HILL PRELIMINARY PLAT - Property described as part of parcel 84
on tax map 58, Samuel Miller District; located on the west side of
Route 678 and north of Route 250 West, at Ivy.
Miss Caperton presented the staff report mentioning staff had received one
letter of objection.
Mr. Payne said that although he thinks it is probably understood, he would
like to add a further condition to the staff report as follows: 2. This approval
subject to approval of ZMA-79-45.
Mr. Dick Gibson, representing the applicant, said he had no comment to make.
Col. Washington closed the public discussion.
Mrs. Graves said she still feels strongly that the Commission shouldn't consider
this application at this time.
Col. Washington asked if that is a motion to set aside.
Mr. McCann stated he could see no reason to set aside because of Mr. Payne's
condition. He said he thinks the Commission can act on the application since it is a
preliminary plat and there is another step it must go through.
Mr. Skove asked Mr. Payne if the Board doesn't approve the rezoning, would
the Commission's action then be null and void.
Mr. Payne answered yes.
Mr. Huffman moved for approval with conditions recommended by staff and Mr.
Payne's added condition as follows:
1. The following conditions will be recommended for final approval:
a. Technical information as required by the Subdivision Ordinance;
b. Written Health Department approval;
C. Compliance with the Soil Erosion and Runoff Control Ordinances;
d. Compliance with the private road provisions, including:
1. County Engineer approval of road plans;
2. County Attorney approval of maintenance agreements;
e. Virginia Department of Highways and Transportation approval of a
commercial entrance;
f. Virginia Department of Highways and Transportation approval of the
location of the potential relocation of Route 678;
2. This approval subject to approval of ZMA-79-45.
Mr. McCann seconded the motion.
Discussion:
Mrs. Diehl said she is concerned that a precedent is being established since
she feels the Commission is seeing a rezoning and preliminary plat concurrently.
Mr. McCann said he likes the idea since being able to see both applications
at the same time might prove to be worthwhile.
to make.
The vote was 6 to 2 with Mrs. Diehl and Mrs. Graves dissenting.
JAMES BECK FINAL PLAT - Property described as part of parcel 19, tax map
18, White Hall District; located on the northwest side of Route 666 about
2 miles northwest of Earlysville. Proposal to divide a 41+ acre parcel on
a private easement leaving 131.927 acres residue.
Miss Caperton presented the staff report.
Mr. Mitchell Toms, representing Mr. Beck and Mr. Snow, said he had no comment
Col. Washington established there are 8 families using the easement.
Mr. Roger Ray, also representing the applicant, said the applicant wishes a
waiver of the private road maintenance agreement as the road is a very good one and the
only frontage the entire tract of land has on the road is on the 50-foot pipestem be-
tween lots 2 and 3 shown on the plat.
Mr. Harry Wellons, explaining his property adjoins the right-of-way, said the
y right-of-way is in the current state of condition because of the excellent maintenance
�✓ by the 8 families using it. He said the road must be graded several times a year and
it is very expensive. He said sometimes the road is actually in better shape than Rt. 666.
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Mrs. Doris Wilson, who said she lives at the end of the road, said her family
is the one who has been maintaining the road since 1955 or 1956. She reported that last
year she spent over $700.00 in gravel for the road.
Mr. Jim Hahn, reporting that he lives about a mile down the road, said
he knows there has been a lot of discussion about an alternate reservoir and the lake
has been named as the one alternate reservoir. There has been discussion of raising
the lake level four to six feet to 480 or 500 feet. There would be a possibility of
inundating some of the property under discussion tonight, such as part of parcel B.
Mr. Skove inquired as to whether Mr. Hahn was referring to the Buck Mountain
Reservoir.
Mr. Hahn said yes, that although all this is still just in the discussion
stage, he thinks it should be brought up.
Mr. Stephen Evanusa, who owns Lot 9, said part of the road in on his property
and that he has to get out and work on the road himself. Puddles form that have to be
filled and weeds have to be removed. He said he moved from northern Virginia where the
fresh water became polluted after rezoning and he is afraid the same will happen here.
Mr. Toms said the proposal is to divide the acreage and it is as simple as
that.
Col. Washington closed the public discussion.
Mr. McCann moved for approval subject to 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 a maintenance agreement.
Mr. Vest seconded the motion.
Discussion:
Mrs. Diehl commented that she agreed with the possible future site of the
reservoir but she didn't think this division will affect it.
The vote was unanimous for approval.
CURTIS NAYLOR FINAL PLAT - Property described as parcel 4 on tax map 115,
Scottsville District; located on the north side of Route 708 about 1 mile
west of Woodridge. Proposal to divide the 51+ acres into two parcels of
25.556 acres each.
Miss Caperton presented the staff report.
Mr. Spradlin, representing the applicant, had no comment to make.
Col. Washington closed the public discussion.
Mr. Skove established the frontage on each lot to be 52 feet.
Mrs. Graves commented that a shared entrance would be almost as good as keeping
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all the land in one parcel.
Mrs. Graves then moved for approval subject to staff's recommendations:
1. The plat will be signed when the following conditions have been met:
a. Written Health Department approval;
b. The parcels shall share a private entrance;
C. Correct tax map parcel number (TM 115, P 4);
d. Waiver of road frontage requirements required.
Mr. Vest seconded the motion.
There was no further discussion and the vote was unanimous for approval.
LOIS GREEN FINAL PLAT - Property described as part of parcel 41 on tax
map 105, Scottsville District; located off the southwest side of Route
53, southeast of Nix. Proposal to divide the 2-acre parcel leaving 6+/-
acres residue.
Miss Caperton presented the staff report.
Mr. Ed Bain, representing the applicant, explained that the applicant is
retaining 2 acres and her house and is giving the remainder to her children. Another
son owns 2 acres on Route 53 and the right-of-way circles back to Route 53.
Col. Washington closed the public discussion.
Mr. Skove asked Miss Caperton if the right-of-way were to be abandoned in
the future, could the present entrance be shared.
Miss Caperton answered yes, that the applicants would need only to obtain an
entrance permit from the Highway Department.
Mr. Vest moved for approval subject to staff's recommendations:
1. The plat will be signed when the following conditions have been met:
a. Waiver of the minimum road frontage is required;
b. Written Health Department approval.
Mrs. Diehl seconded the motion.
There was no discussion and the vote was unanimous for approval.
RUTLEDGE FARM, BEDFORD HILLS ADDITION ONE FINAL PLAT - Property described
as tax map 45, parcel 49C(1), Charlottesville Magisterial District; located
on the west side of Route 743, south of the Bedford Hills Subdivision.
Miss Caperton presented the staff report.
Mr. Tom Sinclair, representing the applicants, stated item "J" in the staff's
recommendations presented a problem inasmuch as Lot 2, the well lot, has been abandoned.
g Mr. Payne established with Mr. Bishop and Mr. Roper that the well lot is not
essential to the water system.
Mr. Donald Hemmer, a property owner in the Bedford Hills Subdivision, asked
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if the buyers of the lots in Rutledge Farm would contribute to the maintenance of the
roads and will they join the neighborhood association.
Mr. Bishop answered yes, new owners will have in their deeds the re-
quirement of contributing to the maintenance of the roads.
Mr. Hemmer asked if there is a waiver available for the standards of the roads
since the total number of lots will now be over 35.
Mr. Bishop answered that the County Engineer has already checked the roads
and told him that the roads are adequate for category 2 roads. Category 2 roads should
accommodate 57 lots.
Mrs. Graves stated she sees some conflict between Williamsburg Drive and
Williamsburg Road in Berkeley. She said Williamsburg Road in Berkeley has been there
twenty-two years. For the sake of fire prevention, she feels Williamsburg Drive should
be changed to another name.
Col. Washington closed the public discussion.
Mrs. Diehl established that none of the lots will be using central water.
Mr. McCann moved for approval subject to the following recommendations:
1. The plat will be signed when the following conditions have been met:
a. Any connection to the Bedford Hills central well system or any new
central water supply system will require approval of all appropriate
agencies;
b. Compliance with the Soil Erosion and Runoff Control Ordinances;
C. Fire Official approval of dry hydrant;
d. Written Health Department approval;
e. Compliance with the private road provisions, including:
1. County Engineer approval of the roads; and
2. County Attorney approval of the maintenance agreements;
f. County Engineer and Virginia Department of Highways and Transporta-
tion approval of road plans;
g. Virginia Department of Highways and Transportation approval of
commercial entrance;
h. Note easements needed for water lines and septic systems serving
parcels 49E and 49C on tax map 45;
i. Provide the signatures of all titled owners;
j. Note all building setback lines;
k. Change the name of Williamsburg Drive.
Mr. Huffman seconded the motion.
There was no further discussion and the vote was unanimous for approval.
SADDLEWOOD FARM, SECTIONS 3 AND 4 FINAL PLATS - Property described as
tax map 105, parcel 20C, Scottsville District; located on the southeast
side of Route 618, south of Route 53, near Fluvanna County. Proposal to
divide 16 lots ranging in size from 2 acres to about 6 acres.
Miss Caperton presented the staff report saying Health Department
approval for Section 3 has been received.
Mr. Kendrick Dure, representing the appliant, reminded the Commission that
on November 7, 1979 the Board met to approve the six -year plan on road upgrading and
this particular road in front of both phases of this subdivision are scheduled for
beginning of improvement in 1980.
Col. Washington closed the public discussion.
Mrs. Graves asked if this means the right-of-way has been dedicated.
Mr. Gibbs answered yes.
Mr. Huffman moved for approval subject to staff's recommendations:
1. The plats will be signed when the following conditions have been met:
a. Health Department approval for Section 4;
b. Shared entrances be located and shown on the plat subject to the
approval of the Virginia Department of Highways and Transportation.
Mr. McCann seconded the motion.
There was no further discussion and the vote was unanimous for approval.
GEORGETOWN COURT FINAL PLAT - Property described as tax map 61, part of
parcel 42A and tax map 60A, parcel 9-2, Charlottesville Magisterial
District; located on the east side of Georgetown Road, south of Hydraulic
Road.
Miss Caperton presented the staff report mentioning that on June 20, 1979,
the Board approved a rezoning to R-3 which allows 11-34 units per acre.
Mr. Tom Sinclair, representing Mr. Chuck Rotgin, said he saw no problems with
any of the conditions recommended by staff.
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. County Engineer and Virginia Department of Highways and Transporta-
tion approval of road plans to include the provision of sidewalks on
both sides of the road;
b. Change the name of Georgetown Court;
C. Albemarle County Service Authority approval of water and sewer plans;
d. Virginia Department of Highways and Transportation approval of
commercial entrance;
e. Additional dedication of one foot to provide for half of the 52-foot
right-of-way;
f. Fire Official approval of hydrant locations;
g. Compliance with the Soil Erosion Ordinance and Stormwater Detention
provisions;
h. Road shall be designed for the ultimate number of units approved in
the rezoning (57 units) or only for the number of units approved on
this plat.
Mr. Vest seconded the motion.
° There was no further discussion and the vote was unanimous for approval.
The Commission took a ten-minute break.
Col. Washington announced that due to the fact that Mr. Rotgin was not
present for the previous application, which was his application, and he has questioned
one of the conditions, a motion for reconsideration would be entertained.
Mr. Huffman moved for reconsideration of the conditions of the previous
application.
Mrs. Diehl seconded, there was no discussion, and the vote was unanimous
for reconsideration.
Mr. Rotgin said that he needed clarification of the condition relating to
Soil Erosion. In order to provide a buffer for neighbors in the area, Mr. Rotgin agreed
to develop a portion of land in the Bennington Woods. He indicated to the neighbors
that if he was successful in acquiring a piece of property connecting the Mowinckel
property with Georgetown Road, he would also attempt to make a further buffer between
the Hessian Hills residents and the apartments to be built on the Mowinckel land. He
was able to accomplish this. However, he explained that to require a stormwater detention
pond would necessitate cutting down all the trees that now protect these people. To
take the trees down would open up the whole area of the apartments.
Mr. Payne explained that the Commission can reduce the requirements permitting
the County Engineer to approve the lesser restrictions.
Mr. Don Wagner explained that the runoff is less now than it was in the
previously approved plan.
Mrs. Graves established that any problems Mr. Rotgin and Mr. Wagner have had
due to the heavy rains of summer have been temporary. Most problems were caused by
construction debris and straw blocking storm drains.
Mr. Skove asked Mr. Rotgin if his intention was to not construct a reten-
tion pond.
Mr. Rotgin answered that he would prefer to not have to put in a retention
pond at completion of construction which would necessitate cutting down the trees.
Instead, he said, he would prefer to abide by staff's and the County Engineer's
recommendations during construction.
Mr. Payne suggested the wording for Condition "G" should be changed to read
as follows:
G. Compliance with the Soil Erosion Ordinance; and with Stormwater Detention
Provisions, the County Engineer having leave to vary the requirements of County Code
18-22 to prevent unreasonable adverse impact on the environment of the site, if necessary.
Mr. McCann moved for approval of the rewording of the condition according
to Mr. Payne.
Mr. Vest seconded.
There was no further discussion and the vote was unanimous for approval.
REDBUD FINAL PLAT - Property described as part of parcel 52 on tax map
62, Rivanna District; located off the west side of Route 20 North on
Redbud Creek. Division of 20 lots with an average size of 2.5 acres.
ZY
Miss Caperton presented the staff report mentioning that staff is concerned
that the applicant make the possibility clear to prospective buyers that dedication and
upgrading the roads to current standards in order to be accepted for public use is not
the responsibility of the County or the State.
Mr. Columbini, the applicant, had no comment to make.
Col. Washington closed the public discussion.
Col. Washington asked how the staff could follow up on the problem of upgrading
the roads.
Mr. Payne answered that he will follow up on it. He said if a provision for
upgrading is included by applicant, he will include in the maintenance agreement that
ibility of the Commonwealth of Virginia or County or
any upgrading is not the respons
any other public entity.
Mr. Skove asked how that would make it clear to prospective buyers.
Mr. Payne answered it would be in the deed.
Mr. Blankenbaker, representing the applicant, informed the Commission that
the Soil Scientist's report has not been completed.
Mrs. Diehl stated it was her intention with the preliminary to have the soil
scientist's report before the final because of the slopes.
Mr. Blankenbaker said the property has been enlarged 10 acres to accommodate
the slopes.
Mrs. Diehl moved for deferral until the Soil Scientist's report is received.
Mrs. Graves seconded.
Mr. McCann said if the Soil Scientist's report is not favorable on every lot,
then Mr. Columbini loses a lot or adds it to another. Regardless, he said, it will be
the same plat whether it shows 10 lots, eight lots, or whatever. He cannot support a
motion for deferral.
Mrs. Diehl said she did not think it was that much of a problem and that she
had wanted to see the report before approving.
Mr. Columbini said the Soil Scientist couldn't come until the survey was done.
Col. Washington asked Mr. Columbini if it would be a hardship to defer his
application until January.
Mr. Columbini replied no.
Mr. Huffman said he felt Health Department approval would take care of the
lots accommodating a septic system.
Mr. McCann said he hates to hold people up when approval of lot size for septic
systems is a requirement of the Subdivision Ordinance and it will have to be met. He said
there is no way around it and the Soil Scientist's report sometimes doesn't mean anything
in this regard.
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The vote was 5-2-1 with Messrs. Huffman and McCann dissenting and Mr. Vest
abstaining for deferral.
Col. Washington announced that Riverview Apartments had requested deferral.
WESTVIEW FINAL PLAT - Property described as parcels 6 and 7H on tax map
59, Samuel Miller District; located on the southwest side of Route 677
(Old Ballard Road) adjacent to West Leigh. Proposed division of 71+ acres
into 35 lots with 22.974 acres of open space.
Miss Caperton presented the staff report mentioning Health Department approval
has already been received.
Mr. Tom Lincoln, representing the applicant, said 2 septic sites have been
identified for each lot, not in the common open space.
Ms. Julia Broome, a neighbor, said she is concerned about traffic on Rt. 677
as there are blind curves on approaching 2 of 3 one -lane bridges. Warning signs are
needed and weight limits on the bridges prohibit construction vehicles. She wanted to
know who enforces weight limits. She wanted to go on record as being opposed to this
application.
Mrs. Graves established that 15 to 18-foot frontage improvements were condi-
tions for an RPN.
Ms. Susan Wildman, a neighbor, stated Meriwether Lewis School discon-
tinued plans on enlarging last year as projections are on the low side. This is
erroneous, she said, as there were 50 more students at Henley than projected. She
said she feels subdivisions should not be allowed unless growth of schools go with them.
Col. Washington said it is up to the School Board to make projections when
subdivisions are approved. He said they need help to make projections.
Mr. Gene Arnette, the applicant, reported that probably only around 5 houses
will be built in the coming year.
Col. Washington closed the public discussion.
Mrs. Graves established State roads will be serving the subdivision.
Mrs. Diehl established the Sheriff enforces weight limits on bridges.
Mr. Arnette reported that Allan Dillard has given his word that his trucks
will use the longer route through Ivy.
Mr. McCann moved for approval subject to staff's recommendations as follows:
1. The plat will be signed when the following conditions have been met:
a. Relocation of the easements serving parcels 7E and 6C on tax map 59
to the satisfaction of the County Attorney;
b. Approval is for a maximum of 35 lots. Location and acreages
shall comply with the approved plan. Open space shall be dedicated
in proportion with the number of lots approved.
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C. County Attorney approval of homeowners' agreements prior to final
C,1?5�1
approval to include the use of open space for septic facilities if
both approved septic fields on any given lot shall have failed to
operate properly; provided however, that no septic field shall be
located within the 100-foot septic setback;
d. Compliance with Soil Erosion and Runoff Control Ordinances;
e. Health Department approval of two septic field locations on each lot;
f. Fire Official approval of hydrant locations;
g. All units shall be served by a public water supply system and approved
by appropriate agencies;
h. County Engineer and Virginia Department of Highways and Transporta-
tion approval of road plans;
i. Virginia Department of Highways and Transportation approval of
commercial entrances and frontage improvements;
j. A report by a qualified soil scientist shall be provided and location
of septic fields shall be governed thereby;
k. No septic field or building construction shall occur on any slopes
of 25% or greater.
Mr. Vest seconded the motion.
There was no further discussion and the vote was unanimous for approval.
RIVERIDGE FINAL PLAT - Property described as 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 13 lots with
an average size of 3.35 acres.
Miss Caperton presented the staff report mentioning three letters of objec-
tion primarily because of the effect on the Moorman's River.
Mr. Jim Hahn, the applicant, stated he will abide by all restrictions for
scenic rivers. He said the land has some virgin timber but the area is not good for
agriculture.
Col. Washington closed the public discussion.
Mrs. Graves asked Mr. Payne if having a private road made frontage requirements
null and void.
Mr. Payne answered that the Ordinance provides for a reduction of lot width
for frontage on cul-de-sacs.
Upon further questioning, Mr. Payne read aloud Section 18-30 of the Subdivision
Ordinance.
Mr. Skove moved for approval subject to staff's recommendations:
1. The plat will be signed when the following conditions have been met:
a. Written Health Department approval;
b. No buildings are to be located on 25% or greater slopes on lots
bordering the Moorman's River;
C. Compliance with the private road provisions, including:
1. County Attorney approval of maintenance agreement;
,• 2. County Engineer approval of road plans;
d. Compliance with the Soil Erosion and Runoff Control Ordinances;
e. Virginia Department of Highways and Transportation approval of a
commercial entrance. %
, 57_
Mr. Huffman seconded the motion.
There was no further discussion and the vote was unanimous for approval.
Col. Washington asked Mt. Hahn to please exert any influence he has on 'VMd
the property owners to take into consideration the fact that north slopes have much
more severe erosion problems.
Mr. Hahn agreed and said he would put in the deeds to each lot that all
vegetation within 65 feet of the river must not be disturbed.
PINERIDGE
The applicant was not present nor was any representative for the applicant.
Mr. Payne informed the Commission that he had spoken with Mr. Amato that very afternoon
and had assumed Mr. Amato would be present this evening.
Mr. Fred Foster, a nearby property owner, stated he had been waiting for
two and a half hours to speak on this application. He said the road is only 12 feet
wide from ditch to ditch and there are problems with widening the road because 1 or
2 property owners will not give up property for an easement. He said there have been
several accidents. There are no warning signs as to narrowness of the road and there
is no posted speed limit.
Col. Washington informed Mr. Foster that perhaps he should save his comments
until the applicant is present. He told him several new Commissioners would be appointed
in January and they will be the ones to hear this item which will be deferred
until then.
Mr. Vest moved for deferral of this application until January 29, 1980.
Mrs. Diehl seconded the motion.
The vote was unanimous for deferral.
RIVERVIEW
The Commission deferred this item until January 29, 1980, by unanimous vote.
With no further business to discuss, the Commission adjourned at 10:20 p.m.
Rob rt W. Tucker, Jr. - Secre ary,
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