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HomeMy WebLinkAboutAugust 19731013 There was no opposition to the request, so the public hearing was closed. 4 Mr. Carr asked if the house already existed. It was ascertained that it did exist . Dr. Sams recalled that the last permit of this nature that was granted, was granted temporarily. Mr. Lloyd Wood, County Supervisor, said that it was given temporary approval by the Board of Supervisors also. There was some discussion about the policy of the Commission in the past regarding duplexes. Mr. Wood noted that the approval of the last duplex in the A-1 zone was not by unanimous vote of the Commission nor the Board. Mr. Staley asked Mrs. Edwards why she wanted the basement apartment. Mrs. Edwards replied that she had 2,700 sq. ft. of living space upstairs and 2,700 sq. ft. in the basement. Since 14 she lives alone, a basement apartment would add to her income, plus be a protection to her by having someone in the house with her. After a short discussion, Mrs. Craddock made a motion to approve SP-270 for 2 years subject to review by the Planning Department at the end of two years and subject to Health Department approval. The motion was seconded by Mr. Tinsley and carried unanimously by those members present. 2. SP-272. Hickory Ridge Limited has petitioned the Board of Supervisors to locate a Planned Unit Development on 517.14 acres of land zoned A-1 Agricultural. Property is situated on northwest side of Route 665. Property is described as County Tax Map 18, Parcels 14 and 14A; and County Tax Map 30, Parcels 36, 37 and 37A. White Hall Magisterial District. Miss White presented the staff's report, listing the conditions that the staff felt should be imposed if approval was given. 1014 Mr. Max Evans, representing the applicant, showed a topo map to the Commission. He pointed out the ridges on the property, the barns and an old residence. He noted that the homes would generally be built on the ridges and the lower levels used for open space. He said that a small village green was proposed, to be constructed in later phases of development. Mr. Evans said the entire PUD was centered around horse -back riding. The open space would be used for riding trails and there would be stables and various other facilities for horses and riders. The entire project is expected to be completed in 12 years, the first phase to be completed in three to four years. The State Geologist had written a letter to Mr. Evans after viewing the site, and said there was good potential for ground water in this area. Mr. Evans noted too, that percolation tests had been made and found satisfactory. He said the applicant desired to use a central well system if possible. In elaborating on the facilities that would be made available for horse -back riding, Mr. Evans said that the horses would be stabled in the Association stables only, and that no horses would be allowed on private property. Mrs. Margorie Jordan asked who prepared the maps that Mr. Evans presented and how many dwellings would be constructed. Mr. Evans, in answer said that he prepared the maps and that approximately 200 units would be built. Dr. Charles Helm, an adjoining property owner, asked whether or not this rate of growth would be consistent with the Master Plan and will this project absorb the rate of growth in this area so that no other building permits would be issued in this area. 1015 After some discussion, Mr. McClure, informed Dr. Helm that there was nothing the Commission could do to prohibit growth in the area, 1144) and that this project was in compliance with the Master Plan. A gentleman representing Seven Gables Farm said his understanding was that they wanted approval for 200 units. If the 200 units were granted and if for some reason the riding facilities did not make it, could the owner come in at a later date and subdivide the land that was designated as open space in order to build more homes. It was ascertained that they could not subdivide any further. Mr. William Stevens said he was strongly in favor of a PUD and that this type of development was needed in Albemarle County as there is a great interest in horses. Mr. Jones asked what price range these houses would have. Mr. Evans said they would range from $40,000 to $100,000. He added that the lot would be proportional with the cost of the residence , and according to the location of the lot. After the public hearing was closed, Mr. McClure asked Miss White what the situation was as to the roads. Miss White commented that Mr. Humphrey had suggested that the roads be left until the new Subdivision Ordinance is passed. Mr. Evans told the Commission that they planned to design and grade the roads to State standards and construct the drainage to standards so that in the future if the Association would like to have the roads taken into the State system, it would be very easy to do. At the present time though, they were asking for approval of restricted roads. Mrs. Craddock pointed out that the Commission had not received any figures as to school impact or traffic count. To her, she said, this was very important. 1016 Mr. Evans was of the opinion that Mr. Humphrey did not present this in the staff report because of the low density of the development. wool Also, he noted that this development will have several entrances and they did not anticipate any through roads that might develop. Mrs. Craddock was of the opinion that this still would not speak to the school children. Therefore, Mr. Evans said the number of school children would be very low because of the type of development. Namely, most of these children would be going to private schools. Mrs. Craddock still felt that a study would be necessary to determine the number of children. Dr. Sams was still unclear about the water facilities. He asked if the Commission would have an opportunity to view this at a later date. It was ascertained that a Special Permit would be necessary for a central water supply. fir►' Mr. Staley asked if any of the lots would have less than 1 acre. Mr. Evans said they would all have at least 1.25 acres, even the cluster units. Mr. Carr was of the opinion that this was not a very large piece of land, particularly if you are going to build $100,000 houses on it. He asked, too, if the lake was going to be built. Mr. Evans said the lake would be built around the 2nd. phase of development as the lake would require a good amount of earth which could be taken from the road construction of Phase II. Mr. Carr asked who would own the stables. According to Mr. Evans, the stables would be owned by the Home Owners Assoc. and a monthly fee would be charged to keep horses there. Mr. Carr questioned whether or not the Commission would see a copy of the covenants and restrictions. Mr. Evans said that in the past these covenants were reviewed by the County Attorney. 1017 Mr. Easter was of the opinion that whether or not this project is an asset to the community would depend a great deal upon the covenants and restrictions. Mr. McClure pointed out to the members that they had not discussed the 4.74 acre business site within the project. Therefore, Dr. Sams asked how far this development is from Free Union. It was ascertained to be about four miles. Mr. Evans said this would be done in a later phase of development. He noted that there would be a need, especially for tack for riding facilities and later maybe even a country store. Mr. Evans commented that if the Commission did not want to approve this for 3-5 years, that the owner was willing to bring it back before them at that time. Mr. Carr asked how many lots were less than 2 acres by actual count. Mr. Evans said he did not have an actual count but would esti- mate about 200. 140) Mr. Carr said he recognized that 187 acres is satisfactory for open space, but when you get into a certain cluster type, that is different than building an individual residence on 1.25 acres. In his opinion that would not be enough ground to build a big house. There would be 187 acres of common area, but there would still be about 40 houses on one acre lots. In reply, Mr. Evans talked about the topography of the land and how larger privately owned lots are wasted as the entire lot is not used. Mr. Carr said he kind of liked the plan, but was concerned about the acreaged of less than two acres. Mr. McClure was of the opinion that if this were approved it should be made clear that no construction is to begin on the roads until approved by the Planning Commission. 1018 Mrs. Craddock felt that if this PUD were approved at this time, that a report of school impact and traffic count should go to wool the Board of Supervisors before their decision was made. Mr.Carr suggested that since the Board of Supervisors would not be meeting for about 13 days, that the matter be deferred so that such pertinent information could be brought before the Planning Commission. Also, since he is a member of the Restricted Road Committee, he said he would ask about the restricted roads. Mr. Easter questioned the lot sizes and said he would like to see the figures of these. Mr. Carr made a motion to defer SP-272 until August 13, 1973 so that information on restricted roads, impact to schools and roads, and information on lot sizes could be presented to the Commission. The motion was seconded by Mr. Tinsley and carried by unanimous vote. N 3. ZMP-281. Aldersgate United Methodist Church has petitioned The Board of Supervisors to rezone 3.90 acres of land from A-1 Agricultural to B-1 Business. Property is situated on south side of Route 631 (Rio Road) about one mile north of Northfields. Property is described as County Tax Map 61, Parcel 129B. Charlottesville Magisterial District. Miss White had already presented the staff's report as the first item on the agenda, and now Mr. Pace of National Bank & Trust was present to speak for the applicant. Mr. Pace told the Commission that the church has more land than is needed, therefore, they were negotiating with Hill & Irving Funeral Home to use part of the land. They planned to use a joint parking lot and build a funeral home on that part of the land being rezoned, since funeral homes are not permitted in the A-1 zone. The public hearing was closed and Mrs. Graves asked if there were anyway that the Commission could make sure that the land was used for the funeral home and not some other business. Mr. McClure said there was not, that the matter had to be 1019 considered from a planners point of view. Mr. Pace pointed out that the church was going to sell the property to Hill $ Irving if the zoning was granted and that the church and funeral home would use a joint parking lot. Dr. Sams made a motion to approve ZMP-281 which was seconded by Mr. Carr and carried unanimously. 4., SP-276. Eura J. Carpenter has petitioned the Board of Supervisors to locate a permanent mobile home on 3 acres of land zoned A-1 Agricultural. Property is situated on south side of Route 250 East; east side of Route 808. Property is described as County Tax Map 94, Parcel 8B (part thereof). Rivanna Magisterial District. The staff's report was presented by Miss White,in which she informed the Commission that this same land had been the subject of a Special Permit (SP-226) in December, 1972. At this time a 5- year SP was granted for a mobile home. Mrs. Craddock asked if the septic system previously approved was still operable. Mr. Carpenter said the septic tank and well were still usuable, that they had never been used. In reply to Commissioners questions, Mr. Carpenter said he did own the land and that his mobile home was presently located in Northwoods Mobile Home Park. Mrs. Craddock made a motion to approve SP-276 for five years, (at which time the applicant must come back before the Commission) subject to a 50 foot setback and sanitary facilities being satisfactory to the Planning Department. The motion was seconded by Dr. Sams and carried unanimously. 5. SP-277. Mrs. Phillip Jessup has petitioned the Board of Supervisors to utilize a carriage house for a two-family dwelling on 320.4 acres of land zoned A-1 Agricultural. 14,04 Property 1020 is situated on west side of Route 719. Property is described as County Tax Map 120, Parcel 20. Scottsville Magisterial District. The staff's report was presented by Miss White. Mr. Tinsley asked what a carriage house is., Mrs. Jessup described to the Commission, the layout of a carriage house. She said that one of the wings was formerly an apartment. Mr. McClure asked if Mrs. Jessup was living on the property. She said she was. There was discussion among the members that they would be seeing more and more of this type of duplex, therefore a Commission policy needed to be made. Mr. Carr made a motion to approve SP-277 subject to Health Department approval. The motion was seconded by Mr. Staley and carried unanimously. Mr. McClure suggested that Miss White put on the next agenda, "discussion of policy for two-family dwellings". 6. SP-278. Lucille Baber has petitioned the Board of Supervisors to locate a permanent mobile home on 134.5 acres of land zoned A-1 Agricultural. Property is situated at the inter- section of Routes 691 and 635. Property is described as County Tax Map 84, Parcel 66. Samuel Miller Magisterial District. Miss White presented the staff's report. Mr. McClure asked Mrs. Baber if she owned the land. She said she did not own it, that she would be renting it from Mr. Stanley Baber. She said she planned to have a well dug, also. Mr. Easter asked how far from the road she would locate her mobile home. She estimated approximately 3/4 mile. Mr. Tinsley asked if she owned the mobile home. Mrs. Baber said that she was purchasing it from Wards Mobile Homes. 1021 The public hearing was closed and Mr. McClure said that approval of this would go contrary to Commission policy on mobile homes being located on rented property other than a mobile home park. Mrs. Craddock made a motion to deny SP-278, which was seconded by Mr. Tinsley and carried unanimously. Mr. McClure explained to Mrs. Baber that in the past the Commission had required all mobile homes to be located in mobile home parks unless the applicant owned the property. Mrs. Baber informed the Commission that there is a mobile home already located on the property and has been there for eight months. She asked how they got a permit as they were renting the property also. Mr. McClure requested Miss White to investigate this matter as no permit has been issued for the mobile home described by Mrs..Baber. 7. SP-280. Pauline Morningwake has petitioned the Board of Supervisors to locate a permanent mobile home on 8.68 acres of land zoned A-1 Agricultural. Property is situated on Route 810, near its intersection with Route 629. Property is des- cribed as County Tax Map 14, Parcel 25, White Hall Magisterial District. The staff's report was presented by Miss White. She added to the report that the mobile home, if approval is granted, should be located on the west side of Route 810, rather than the east as the applicant wished. Mrs. Morningwake was not present to speak for her application, therefore, Mr. Carr made a motion to defer SP-280 until next Monday. The motion was seconded by Mr. Tinsley and carried by -unanimous vote. 8. SP-282. S:ielia Turner has petitioned the Board of Supervisors to locate a permanent mobile home on 19.5 acres of land zoned A-1 Agricultural. Property is situated on south side of Route 715. Property is described as County Tax Map 121, Parcel 27. Scottsville Magisterial District. Nod The staff's report was presented, and Miss White said it was difficult to tell exactly how they planned to get into the property. 1022 The staff's report said that two building permits had been issued for the property. Mr. McClure asked if these houses were under construction. Miss White did not know. Mrs. Turner was not present, so Dr. Sams asked Miss White if Mrs. Turner planned to rent the property. It was ascertained that she did. Mrs. Houser, an adjoining property owner, said she was present to protest the mobile home being located there. She further added, that no houses have been build on the property. There was a small group of neighbors present who objected to the location of the mobile home. Mr. Tinsley made a motion to deny SP-282. Mrs. Madeline Lotus, adjacent property owner, also voiced objections to the mobile home. She said that this mobile home would not only interfere with their church, but that there was a Baptist minister who wished to retire in the country without pollution and she desired the same thing. She informed the Commission that there were other people in the neighborhood who were not property owners, that objected to the mobile home. The motion to deny was seconded by Mr. Staley and carried unanimously. Mr. Carr felt that careful written communication should be made to Mrs. Turner and the owner of the property stating what they could and could not do on this property at this time. Miss White was directed to take care of this matter. 9. SP-289. Certified Welding Corporation has petitioned the Board of Supervisors to locate a welding shop on 0.67 acres of land zoned M-1 Industrial. Property is situated on east side of Route 742 (Avon Street Extended). Property is described as County Tax Map 90, Parcel 3SQ. Scottsville Magisterial District. The staff's report was presented and the applicant was present. Mrs. Barbara Ward, owner of Reynovia Lake, objected that there 1023 still would not be sufficient screening along Route 742. Mr. Lloyd Wood asked the applicant if he could screen along the front property line. The applicant said he could and he had planned to put up a fence around the entire lot. A gentleman with Mrs. Ward asked how much shrubbery the applicant would place along Route 742. Mrs. Ward was of the opinion that shrubbery would be fine in about 15 years when it grew up, but she desired instant screening and desired some other method. Mr. McClure asked what type of screening she had in mind. Mrs. Ward said she had seen some redwood fences that completely screened operations. The applicant said that they planned to put up a much better looking building than is presently located on the property. Further, he spoke about the surrounding area. He felt that his building would be an asset to the area. Mr. Wood agreed that screening should be across the front rather than along the side. Mr. Carr also agreed. He did not feel the neighbors on the sides needed to be protected. Mrs. Craddock suggested that staggered white pines should be put along the front. After a short discussion, Mr. Tinsley made a motion to approve SP-289 subject to a chain -link fence, staggered white pines on east side and staggered white pines on west side if possible. Pines to be six feet tall. The motion was seconded by Mrs. Craddock and carried unanimously. A motion was made by Mr. Tinsley to approve the site plan subject to the conditions imposed on the Special Permit. This motion was seconded by Mr. Carr and carried unanimously. 10. SP-290. Fairfield Bridge Company, Inc. has petitioned the + Board of Supervisors to locate a temporary construction 1024 trailer for office and storage on 64.58 acres of land zoned A-1 Agricultural. Property is situated at the intersection of Routes 729 and 732. Property is described as County Tax Map 79, Parcel 36 (part thereof). Rivanna Magisterial District. The staff report was presented, listing recommended conditions. A representative of the Fairfield Bridge Co. was present and he told the Commission that they did not plan to use a septic system, but a chemical toilet. He noted too, that they planned to have the bridge completed by July, 1974. Mr. Lloyd Wood felt sure that the people on that road would rather see the trailer and get that bridge fixed as the last flood just about destroyed it. Mr. Carr made a motion to approve SP-290 for one year subject to (1) chemical toilet, (2) access to be from Route 732, not 729, and (3) at the end of this time, site should be restored to original appearance or better. vote. The motion was seconded by Mr. Tinsley and carried by unanimous Before the meeting was adjourned, there was some discussion about the length of the last meeting, which lasted until 12:30. The L"(i,v consus of the Commission was that there meetings should not last that long. im Secretary 1025 August 13, 1973 This was a regular meeting of the Albemarle County Planning Commission held on August 13, 1973 at 7:30 p.m. in the County Court House, Charlottesville, Virginia. Those present were: Mr. M. Clifton McClure, Vice -Chairman, Mr. David W. Carr, Mr. Wilbur C. Tinsley, Mrs. Ellen B. Craddock, Mr. M. Jack Rinehart, Mr. Louis C. Staley, Dr. James Sams, and Mr Peter Easter. Also attending were Mrs. Ruth Miller, Zoning Administrator, Mr. George St. John, County Attorney, and Mr. Lloyd F. Wood, Supervisor. Those absent were: Dr. Avery Catlin, Chairman; Mr. John L. Humphrey, County Planner and his assistant, Miss Mary Joy White. The meeting was called to order by the Vice -Chairman and a quorum was established. That part of the minutes of July 30, involving Stonehenge Town- houses was presented at the last meeting to be approved. They were deferred for one week. Mr. McClure asked Mr. St. John if he know the status of this lawsuit. After a short discussion, Mr. St. John informed the Commission that it would not be necessary to approve those minutes in particular, but they could be approved in the normal course of business. So the approval of these minutes was dispensed with and the Vice -Chairman directed Mrs. Miller to try to have ready at the next meeting for approval as many sets of minutes as possible. At this time, the deferred public hearing, SP-272, Hickory Ridge Limited, was called for by the Chair. This matter was deferred so that information on restricted roads, impact to schools and roads and information on lot sizes could be presented to the Commission. 1026 Mr. Max Evans, representative of Hickory Ridge Ltd. gave a report to the Commission on the lot sizes. He told the Commission that there would be 32 cluster units, and 167 single dwellings with an average of 2.55 acres per lot. The acres per unit not including open space would be 1.65 acres and acres per unit not including open space and commercial area would be 1.61 acres. Mr. Evans, next, listed the individual lots and their acreage. 9% = 1 ac. lots = 15 units 1.25 ac. = 25 units 1.50 ac. = 40 units 1.75 ac. = 30 units 2.00 ac. = 25 units 2.25 ac. = 10 units 2.50 ac. = 9 units 2.75 ac. = 6 units 3.00 ac. = 4 units 3.50 ac. = 3 units Mr. Evans spoke on the lot size of Colthurst Farms and Ednam Forest. They have an average lot size of 1.5 acres and are permitted to have small stables on their lots, whereas these lots would have homes only"o) and no horses or stables would be allowed. There would be a stable owned by the Home Owners Association which would be used by all residents desiring such a facility. Drawings of the entire project and of the first phase were presented. Mr. Staley asked if there was at least one acre per cluster unit. Mr. Evans said there was and he elaborated how the cluster units would be sold with a share of the entire acreage. The owner of one units would also own 1/6 of the 6 or 7 acres that the cluster was built on. Mr. McClure asked what would happen if the small acreage for the cluster would not perk. Where would they get sufficient land for a septic system. Mr. Evans replied that a septic field could be located in the common area. There was further discussion on this point with Mr. Evans stating that it would be written into the deed that the 1027 open space could be used as a septic field area by certain residents that might need it. Mr. Easter asked how far apart the cluster would be located. It was ascertained that they would be 75-80 feet apart. Mr. Evans said this would be a top -dollar development. That the lot owners would have to build within two years or sell the lot back to the owner. He noted that they would like to fully develop Phase I before going on to.another section. Dr. Sams asked if an easement would be required if a septic system failed and the common area had to be used. Mr. Evans answered, that an easement would not be required. The owner of the project said that all the cluster units would be built at one time and septic tanks installed and he would not build them if the land would not perk. Mr. McClure noted though, that about two years later, problems can develop and unless some type of an easement is reserved4there will be problems. There was discussion to the effect that the project had the characteristics of a condominium more than the characteristics of a Mr. Evans presented some preliminary covenants and restrictions for the Commissionrsreview,so that they could get some idea of the type of project it would be and the controls that would be placed on it. Also he discussed the percolation tests that have been made. Mrs. Craddock asked if the lots would be of sufficient size to have swimming pools if the owner desired. Mr. Evans said there would be sufficient room as each lot would have at least 1.25 acres. Mr. St. John spoke on the type of development. He said that when a cluster unit is sold, the owner would have clear title to the 1028 structure but not a fee simple lot. He felt this would have to be done as a condominium and he had doubts that it could be done under Virginia law. Mr. Evans said he had discussed this with other attorneys. He stated this would be like a condominium but it would not be a condo- minium. There was further discussion on this subject with Mr. St. John saying that none of the condominium laws would apply as far as borrowing money on one of the units. Mr. McClure was concerned that this is not'ND as was intended by the ordinance and that the Commission might be accomplishing something that the present ordinance does not provide for. There were opinions and definitions given of PUD. Mr. Evans was of the opinion that this would be a PUD. Mr. Rinehart questioned the maintenance of the common area and how it would be taken care of in the deed. Mr. Evans replied that there would be a maintenance crew to take care of the open space and that they could be contracted by individuals for particular lots, too. Dr. Sams and Mr. Easter spoke to the Common space that would be utilized by the owners of the cluster units. Mr. Easter noted that these people would have no greater claim to the open space than anyone else. Mr. Easter expressed concern that the Commission was supposed to be looking after the interests of the County and he did not feel they could do that without seeing all the details of the project along with the covenants and restrictions. Mr. Evans said he did not feel that every- thing in detail could be brought out. A lady of the audience asked how much land was in the flood plain. It was ascertained that there was about 4-5 acres, all of which would be used as open space. Vd 1029 The report on impact to schools and roads was presented in the staff's report. There were no questions nor comments on these. The subject of restricted roads was taken up. Mr. McClure noted that the Commission had not yet received a report from the Restricted Road Committee. Mr. St. John said that the committee reported to the Board of Supervisors about six weeks ago, but the Board sent the matter back to the Committee. He said there was some concern with the fact that the restricted roads would never become part of the State system. The standards that were presented had nothing to do with State standards. Whereas in another County, (Greene County) they have a new State standard that is lower than that in Albemarle. So the matter was sent back to the Committee to see what these standards are,and to see if our restricted roads might at least conform to the lower standards. There was discussion on the roads, with Mr. McClure noting that the Commission could not approve restricted roads in a subdivision because of the moratorium placed by the Board of Supervisors. Mr. Rinehart suggested that the project could be approved conditioned upon the roads being approved at a later date. Mr. St. John agreed that the roads could be approved later as he was sure that some provision would be made for restricted roads. Mr. Carr asked if the Declaration of Covenants and Restrictions would be approved at the same time as Phase I. Mr. Evans said that these restrictions would be submitted at the same time as their site plan for Phase I. In a discussion on the proposed business site, Mr. Carr was of the opinion that the staff was right in suggesting that this be eliminated at this time. He said that this was not a very large "PUD" plan and 1030 did not know if a business could be justified at this time. He pointed out that if the store had to be leased, then business will be generated from the outside, bringing traffic into the development, which he did not feel would be very desirable. Further, the Master Plan indicates Free Union and Earlysville as commercial villages. Dr. Sams said he had reservations about the clusters. Mr. McClure said he liked the plan, but he did not like the clusters, since six people would own six septic fields. Mr. Evans again emphasized that the perk tests were above average and that they would probably never have to use the open space. Mr. Staley said he did not like the clusters either. He felt that each cluster unit should be designated as a one acre lot so that there would be plenty of room for a septic system and well if the owner desired such. Mr. McClure noted that this plan was recommended to the Commission by the Planning staff, but he wondered if the staff realized exactly how this project was going to be developed. The public hearing was closed. Mrs. Craddock asked if it would be possible to put three houses on one septic tank in the six -house cluster. Mr. Evans replied that it could be done with the Commission's approval. He elaborated on their percolation tests. Mr. Carr said he liked/ot�srall plan, but he was concerned about the lot sizes. He felt the lots were too small. Therefore, he made a motion to defer the matter until Mr. Humphrey and the County Attorney could determine the legality of the cluster units. Further, he felt that by that time, the Commission would have more information on the restricted road. The motion was seconded by Mr. Tinsley and carried unanimously. 9 1031 Mr. McClure asked Mr. St. John if he would get together with Mr. Humphrey to discuss the matter. Mr. St. John said that they would not be able to find anything that said this sort of thing was illegal. He said there would be people willing to buy this type of housing. Mr. McClure said he just wanted to be sure that the County Planner knew what type of development this was to be. Mr. Rinehart suggested that they should see a model conveyance of a deed. Mr. McClure asked Mr. Evans to bring this in with the sub- division plat. 2. SP-280. Pauline Morningwake. Deferred from August 6, 1973. Mrs Morningwake was not present again. Her petition had been deferred because of her absence from the last meeting. Mrs. Miller said that she had been notified of the meeting. Mrs. Miller presented a picture of the site with the mobile home in place. She said that a permit had been granted to Mrs. Morningwake for one year and this apparently was expiring. She was not familiar with the petition, but thought an emergency permit had been issued at the request of the Welfare Department. There was a short discussion, after which Mr. Carr made a motion to defer the matter again. Mr. McClure was of the opinion that someone should go out and talk with the applicant. Mrs. Miller said she would do this. The motion to defer was seconded by Mr. Tinsley and carried unanimously. There was a short discussion on site plans and the status of Stonehenge before the Commission began work on the ordinance. Mr. St. John and Mrs. Miller were present to help the Commission in its work session. 1032 During the work session, the following items were discussed: 1. To send copies of Articles 9 and 10 to Commission members and parties on mailing list. 2. Check with John Humphrey on logic of 40% open space on one (1) acre high-rise. Check with Rosser Payne as to why the minumum area for RM development is not more than one (1) acre. 3. Change provision to require mobile home parks require a Special Application. It was decided that the following alternatives were available 1) Establish mobile home park districts. 2) Other zones, where deemed proper, require Special Use Permit. 3) But always with same provisions. The Planning Staff was instructed to send new materials on PUD's and MHP's to mailing list. There being no further business, the meeting was adjourned. 9 MILK August 20, 1973 This was a regular meeting of the Albemarle County Planning Commission held on August 20, 1973 at 7:30 p.m. in the Board Room, County Office Building, Charlottesville, Virginia. Those members present were: Mr. David Carr, acting Chairman; Mr. Peter Easter, Mr. Jack Rinehart, Mr. Wilbur Tinsley, Mrs, Ellen Craddock, and Dr. James Sams. Also in attendance were Miss Mary Joy White, Senior Planner and Mr. Lloyd Wood, Supervisor. Mr. Carr called the meeting to order and established that a quorum was present. Herequestedthat the two deferred items be heard first. SP-280. Pauline Morningwake has petitioned the Board of Supervisors to locate a permanent mobile home on 8.68 acres of land zoned A-1 Agricultural. Property is situated on Route 810, near its intersection with Route 629. Property is described as County Tax Map 14, Parcel 25. White Hall Magisterial District. likww' Mr. Carr wanted to know what the nature of the emergency was? Mrs. Morningwake replied that she sold her furniture after Ward's sold a mobile home to her. She said Ward's didn't tell her that she had to have a permit in order to be able to park the mobile home. Mr. Carr said the mobile home was in an area that would probably flood & suggested she move it across the road on Mrs. Shifflett's property. Mrs. Craddock said that she had visited the site with Mrs. Ruth Miller, Zoning Administrator, and they both felt it was too close to the road and to the river. Dr. Sams was of the opinion that the application should be put in Mrs. Shifflett's name since she was the landowner. Miss White noted that the application was signed by Mrs. Shifflett also. 1034 Mr. Carr asked if there was anyone from the public that would like to comment on the application. Mr. Peter Vanderlinda, adjoining property owner, stated he was very much in opposition to a mobile home like this being located near his property, as the yard was filled with garbage and the river was being polluted. Mr. Rinehart motioned that the mobile home be moved across the road where it could have a septic system, where it would R be outside of the flood plain, have a 50' setback from the right-of-w4 and would also like to limit the permit to five (5) years. Mrs. Craddock seconded the motion. Dr. Sams was concerned about a precedent being set regarding granting permits to persons other than the landowner. In view of this comment, Mr. Rinehart withdrew his motion. Dr. Sams motinned that the permit be denied. Mr. Tinsley seconded it and it carried unanimously by all members present. It was the consensus of the Commission that Mrs. Morningwake be given 60 days to move the mobile home from the property. SP-272. Hickory Ridge Limited has petitioned the Board of Supervisors to allow a planned unit development to locate on approximately 520 acres of land zoned A-1 Agricultural. Property is situated on the northwest side of Route 665. Property is described as County Tax Map 18, Parcel 14 & 14A, and County Tax Map 30, Parcel 36, 37 and 37A. Rivanna Magisterial District. This item had been deferred so that the Commission could have more information on the cluster arrangement, restricted roads and a model of deed restrictions. Mr. Richmond and Mr. Max Evans were present to represent the applicant. Mr. Bruce Browne, applicant was also present. Theyinformed the Commission that 187 acres of 517 acres would be dedicated to open space. The plan showed 168 tracts 1035 consisting of 1 1/4 to 3 acres each. There would be 32 lots of 1/3 to 1/2 acre which would be divided into 6 clusters. 2 clusters consisting of 6 lots 1 cluster consisting of 7 lots 2 cluster consisting of 5 lots 1 cluster consisting of 3 lots 32 total lots The Homeowners Association would own the entire open space but would be controlled by the owner until 51% of the plan was occupied. An approval for septic, etc., would be reviewed by a committee chosen by the developer. This would be done if a landowner needed to place his septic on the land designated to open space. Mr. Evans said they would like to have the road plans approved as follows: 1) Grading and drainage to state standards 2) The base material and width be according to restricted road standards 3) Woula like them to be private It was the consensus of the Commission members that they would not be able to make a decision regarding roads at this time, as the Board had not set a policy on this point yet. Mr. Richmond told the Commission that the homeowners association plan couldn't be drawn up in final form until the plan was finalized. However, when the agreement was drawn up it would attach a lien to the home and property and include whatever necessary to maintain the public area. Mr. Rinehart motioned approval conditioned upon: 1) County approval and recordation of a) "Declaration of convenants and restrictions" at the time of submittal. b) By laws of homeowners association. c) Articles of incorporation. 1036 2) Commercial area a) commensurate with ideas of the PUD b) limit to 5 acres c) final site plan review 3) Percolation correlated with soil analysis of the site 4)If lake is constructed, that it be done with the review and approval of Soil Conservation Service. 5)Road constructed in compliance with the Board of Supervisors regulations on restricted roads. What any lot owner cannot be reasonably refused use of 187 acres of opt �orcuse of a septic system. Dr. Sams seconded the motion, which carried unanimously by all members present. The site plans were then reviewed: 1. Charlottesville Savings and Loan Association- site plan for a temporary bank trailer- Albemarle Square Shopping Center. It was noted that the trailer was to be located at a temporary entrance. The final location of the permanent bank being in the northeast quadrant of the shopping center. Mr. Lee, Mr. Grimm and Mr. Huffman were present to explain details of the site plan to the Commission. Mr. Rinehart motioned that the site plan be approved for 1 year with 1 year administrative approval. He then changed the motion to read "to be approved for 1 year with 2-1 year administrative approvals ; administrative approval being by visual inspection." Mr. Easter seconded the motion, which carried unanimously by all members present. 2.Albemarle Green Apt. - 15 units per acre - Garden apts. and townhouses preliminary plan. Miss White said the site plan had been reviewed by the site review committee. She also stated that Mountainwood Road would be built to state standards, however, they had 1037 not received a letter from the City regarding sewer connections. She also told the Commission thatthe recreation area backed up on a residential area. Mr. Tom Goodman, nearby property owner, wanted to know if Mountainwood Road was mentioned in the Master Plan and if it would take part of the traffic off of Route 631? Someone else wanted to know if it was going to be a private road? Mrs. Fran Martin was concerned aboutthe utility problem. After further discussion by Commission members, Mr. Carr said he thought that the submittal was premature and that the Commission would like to have a letter regarding sewer connections and that he thought the Commission members should view the site first, and they would like to have some opinions from the highway dept. Mr. Rinehart made a motion to defer action on the site plan. Mr. Tinsley seconded the motion which carried unanimously by all members present. After the motion to defer had passed, it was also ascertained that the Commission would like to see impact studies completed so that they could come to some conclusion on what impact Albemarle Green would have on the surrounding community. 3. Charlottesville Hardware - site plan, south side of Rio Road, east side of Berkmar Drive Mr. Rinehart asked that the records show he was leaving the room and would not participate in this discussion. Miss White told that the Commission that the Highway Dept. was requiring a deacceleratiodane to run the full length of the property. She stated that the site plan showed 100 parking spaces (City of Charlottesville's requirement). Mr. Tinsley asked how much of the 4 acres would be covered with construction?Mr. Craig Hudson, speaking for the petition, 1038 replied that it would be less than 1/4 of the 4 acres. Mrs. Craddock inquired about landscaping on the site. Mr. Easter motioned that the site plan be approved. Dr. Sams seconded the motion, which carried unanimously by those members present. 4. Walter A. Young - request for extension of a restricted road to serve one 2.01 acre parcel; off Route 250 West at I-64 interchange. Mr. Young told the Commission that there was a turn around at the end of the road. After questioning by Mr. Carr, it was ascertained that the road had a right-of-way of 50 feet. Dr. Sams motioned that the request be approved/fichseconded by Mr. Tinsley. Mr. Lloyd Wood questioned whether Mr. Young owned the land to the north, having in mind the unestablished standards on restricted roads. After taking Mr. Wood's comments into consideration, Dr. Sams changed his motion to deferral which was seconded by Mr. Tinsley and carried unanimously by those members present. Mr. Rinehart suggested that this item could probably be approved administratively after the standards on restricted roads were established. 5. Clarence Shiflett- request 20' right-of-way to serve one 2 acre parcel; south side of Route 614, White Hall. Mr. David Wood, attorney representing the applicant, stated that for as far back as 75 years ago, the road had existed. However, John Humphrey told me that there was some questidn as to whether it was a dedicated right-of-way and thought that it should be brought before the Commission for review. 1039 It was ascertained that Mr. Fitzgerald, a property owner, on this road, used the road very little and had another access route. Mr. Shifflett's son stated that he was buying land behind Mr. Fitzgeralds. The land presently being owned by his grandfather. Mr. Carr said he thought that the road should be ended where it passes Mr. Clarence H. Shiffletts. It was ascertained that the right-of-way which existed was only 20' and Mr. Rinehart was of the opinion that it should be 50'. The applicant told the Commission that this could not be done as Mr. Fitzgerald owned part of the property. After further discussion by the Commission, Dr. Sams motioned that a 20' right-of-way be approved limited to the Clarence H. Shifflett tract; and that any further subdivision that would use this road be required to come back before the Planning Commission for review. Mr. Easter seconded the motion, which carried unanimously. f. David T. Miller - request for restricted 'road to serve one -10 acre parcel - north side Route 630 at intersection Route 721. Miss White told the Commission that this restricted road was approved sometime ago. She stated that it could serve three parcels because of the large acreage involved. She stated that the parcel requesting use of this restricted road was a 10-acre tract cut off of the remaining residde. Residue having access on Route 630. It was noted that Mr. C. B. Alvis also used the road. Mr. Rinehart motioned that the request be approved which was seconded by Dr. Sams and carried unanimously by those members present. 1040 g. Brinnington - request for joint access easement to serve two-4 acre parcels - north side Route 678. It was ascertained that this would be a 50' joint access easement. However, after a detailed discussion among Commission members, Mr.Rinehart motioned that the matter be deferred until after the Board of Supervisors sets a policy on restricted roads. The motion was seconded by Mrs. Craddock and carried unanimously by those members present. There being no further business, the meeting was adjourned. Secretary