HomeMy WebLinkAbout02 26 80 PC MinutesFebruary 26, 1980
The Albemarle County Planning Commission conducted a meeting on Tuesday,
February 26, 1980, 7:30 p.m., Board Room, County Office Building, Charlottesville,
Virginia. Those members present were Mr. Layton McCann; Mr. James Skove; Mr. Charles
Vest; Mrs. Norma Diehl, Vice -Chairman; Mr. Kurt Gloeckner; Mr. Corwith Davis, Jr.;
and Mr. David Bowerman. Absent were Col. William Washington, Chairman; and
Mr. Tim Lindstrom, ex-Officio. Other officials present were Mr. Ronald S. Keeler,
Assistant Director of Planning; Mrs. Idette Kimsey, Planner; and Mr. Frederick
Payne, Deputy County Attorney.
In the absence of Col. Washington, Mrs. Diehl chaired the meeting.
Minutes of January 15, January 22, January 29, and February 5 were approved
as submitted.
At the request of the staff, the Commission, upon the motion of Mr. McCann,
and second of Mr. Vest, unanimously voted to withdraw 'a resolution of intent to
amend the zoning ordinance with regard to setback. The staff advised this action
in view of pending adoption of the proposed zoning ordinance. Therefore, this item
would be removed from the March 4, 1980, agenda.
Redbud Final Plat:
Mr. Gloeckner disqualified himself from the discussion and vote by leaving
the room.
Mr. Keeler reviewed the staff report, noting that the Commission had deferred
action in order to receive and review the soil scientist report. He noted the
recommended conditions of approval.
Dr. Columbini, applicant, stated that he is anxious to move forward with
approval of the plat.
Mrs. Diehl stated for the record that she had reviewed the soil scientist's
report.
Mr. Keeler noted that the report had resulted in the road being shifted,
though the final plat had the same number of lots as the preliminary plat.
Mr. McCann moved approval of the plat, subject to the following conditions,
as recommended by the staff:
1. The plat will be signed when the following conditions have been met:
a. Virginia Department of Highways and Transportation approval of
commercial entrances;
b. Compliance with the private road provisions, including:
(1) County Engineer approval of road plans;
(2) County Attorney approval of homeowners' maintenance agreements;
C. Complaince with the Soil Erosion Ordinance;
d. Health Department approval.
Y-S
Mr. Vest seconded the motion, which carried unanimously, with
no discussion.
Spradlin/Cosner Plat:
Mr. Keeler stated that this plat has been previously approved, and
the entrances have been approved, in some cases scheduled to be joint entrances.
He noted that the owner of lot 7 was never made aware of the joint entrance
and constructed a single driveway down the middle of his property. The applicant
is asking that individual entrances for lots 6 and 7 be permitted, as a result
of this mistake.
Mr. Skove said that under the hardship aspect, he has no problems with
this, however he does not like certain conditions being placed on a plat, only
to be violated at a later date.
Mr. Payne noted that there was no notation on the plat for the joint
entrances, in this case. He said that this situation will be remedied in the
future by an appropriate notation, when the Commission has imposed this stipulation.
Mr. McCann moved that lots 6 and 7 have separate entrances, and that
all other conditions originally imposed remain on the plat.
Mr. Skove seconded the motion, noting that he feels this is an
exception.
The motion carried unanimously, with no discussion.
Mr. Gloeckner re-entered the meeting.
ZMA-80-03. Liberty Land Company, Ltd. has petitioned the Board of
Supervisors to rezone 38.74 acres from A-1 to RPN/A-1 as an addition
to Ashcroft RPN; to relocate access to Ashcroft RPN from Route 250
East to a frontage road at the northwest quadrant of the Shadwell
interchange of Route 1-64; and to amend certain other conditions of
approval of ZMA-79-06. Property is located northeast of Glenorchy
Subdivision. County Tax Map 78, Parcel 51, part thereof, and parcel
52. Rivanna Magisterial District.
Mr. Keeler presented the staff report. He read a letter of objection
from Mr. Jack Gallagher into the record.
Mr. Fred Landess, attorney representing Liberty Land Company, addressed
the Commission with regard to areas of concern in the recommended conditions of
approval. He did not feel it appropriate that septic tanks should be restricted
to areas that were under 25% slope, since this is not required by the Health
Department. He objected to the Virginia Department of Highways and Transportation
requirement that roads be constructed to standards to handle all future development
in the area, when some of the land is not owned by Liberty Land Company.
9
M
he
Mr. Landess said that Afeels it is inappropriate to restrict usage of North Pantops
Drive, since the owners do not have an exclusive right-of-way and cannot control
use of that road. He objected to road plan and profile approvals
prior to final plat approvals, and lastly he felt that the county could not require
the improvments to roads outlined in Condition C A , because of the Hylton Case.
Mr. Harold Payne, a partner in Liberty Land Company, concurred with Mr. Landess,
and additionally stated that he had thought house locations would be controlled
by Architectural Review Committee.
Mr. Keeler said that house locations had been an original concern because of
the exposure of the Southwestern Mountain. He said that on the phase #1 plat,
which has been submitted for county review, this has already been shown.
There was no public comment, and Mrs. Diehl closed the public hearing.
Mr. Gloeckner questioned if the design of Lego Drive was based on a 50-50
split in traffic direction.
Mrs. Diehl felt the best way to handle the discussion was to discuss the
conditions one by one. The Commission had no problems with Conditions Al, A2, A3,
and A4.
After a brief discussion, it was decided that the clubhouse should be
completed prior to Phase 3 approvals, along with the playground, picnic areas,
and tennis courts.
*me The Commission felt it would be appropriate to add the following phrase
to condition 3, under UTILITIES: "Homeowners' agreements shall include provision
for use of open space for septic drainfields, if necessary.
The primary discussion on the petition revolved around the road situation.
It was pointed out that moving high tension utility poles -plus the extensive grading,
would make lots undesirable and the entire road system very expensive if followed as
originally approved.
Mr. Gloeckner felt the Commission should decide if two entrances to the
property is even desirable.
Mr. McCann agreed, noting that the original approval hinged on the entrance.
He said that as a result of the Hylton case, etc., the owners have conceived a new
plan with more acreage and a different entrance.
Mr. Bowerman felt it might be necessary to realign North Pantops Drive
with the Worrell Newspaper entrance. Otherwise, he suggested that sole access to
the property should be from Lego Drive and the Frontage Road.
Mr. McCann stated that Frontage Road will be tremendously impacted if
it is used as the access, and further pointed out that it is part of the interstate
highway system, as opposed to the secondary system.
After a five minute recess, Mr. Gloeckner moved approval of the petition
subject to the following conditions:
'1
A. GENERAL
1. No final site plan or subdivision approvals shall be given until
three (3) copies of a revised preliminary plan for the entire
development, reflecting conditions of approval contained herein, have
been submitted to the Department of Planning. Such plans shall be
submitted within sixty (60) days of Board of Supervisors approval of
this petition;
2. Approval is for a maximum of 228 dwellings subject to conditions contained
herein. Locations and acreages of various land uses shall comply with
the Approved Plan. In the final site plan and subdivision process, open
space shall be dedicated in proportion to the number of lots approved.
The Commission may permit dedication of less acreage of open space in
a particular case due to the remoteness of open space areas from that
section platted; provided that in no event, shall open space consist
of less than 25% of the cumulative area platted; and provided further
that the cumulative total of 170 acres of open space shall be dedicated
concomittant with final approval of Phase 5;
3. No grading or construction on slopes of 25% or greater except as necessary
for road construction as approved by the County Engineer;
4. County Attorney approval of Homeowners' Association agreements prior to
final approvals. County Attorney review for and approval of modification
of such agreements in regard to clubhouse facilities prior to any Phase 2
approvals;
5. Either the Hansen House or the Lego House shall be designated for clubhouse
facilities prior to any Phase 2 approvals. Clubhouse renovation, playground,
picnic areas, and tennis courts shall be provided prior to any Phrase 3
approvals. The swimming pool shall be provided prior to any Phase 4
approvals;
6. Planning Commission approval of areas to be cleared on individual lots;
Planning Commission approval of general dwelling location on each lot;
7. Ten trees per acre shall be provided in the area marked "TREES" on the
Approved Plan - Sheet 1 of ZMA-79-06. Deciduous trees shall be 1�" to
2" in caliper; non -deciduous trees shall be four to five feet in height.
Locations shall be determined at the time of final approval of Phase 1.
B. UTILITIES
1. Fire Official approval of fire protection system. Such system shall be
provided prior to issuance of any certificate of occupancy;
2. All lots shall be served by one or more central water systems approved
in accordance with the regulations of the Virginia Department of Health,
the Code of Albemarle County, and all other applicable law. Should this
development be served by public water, the design and construction of
such system shall be in accordance with specifications of the Albemarle
County Service Authority and fire hydrants and fire flow requirements
shall be provided as specified by the Fire Official;
3. Virginia Department of Health approval of two septic field locations on each
lot. The Health Department shall either supervise or test each lot utilizing
soil tests by a qualified soil scientist and undertake or supervise percolation
tests as these may be required. Such tests must demonstrate that two
septic drainfields can be located on each lot without encroaching on
any slope exceeding 25%. Septic tanks and/or drainfields shall not be
located on any slope of 25% or greater. Any lot not having adequate
septic system site shall be combined with a building lot and/or added
to the common open space. Homeowners' Agreements shall include provision
for use of open space for septic drainfields, if necessary.
C. ROADS
+� 1.
No grading or clearing for street construction shall occur within any
area until the final stormwater detention and drainage plans for the
subject sub -drainage basin have been approved for concurrent construction;
2.
Private Road "X" ( Sheet 2 of Approved Plan for ZMA-79-06 ) shall not
serve more than 28 dwelling units; owners of said dwelling units shall
become members of the Homeowners' Association of Ashcroft property
association and subject to all regulations governing said association.
This condition shall not be construed as approval of any subdivision or
plat;
3.
Virginia Department of Highways and Transportation commercial entrance
approval for North Pantops Drive and County Attorney approval of agreements
restricting useage of North Pantops Drive to Ashcroft and the Odyssey
Supper Club shall be obtained, or North Pantops Drive shall be realigned
with Worrell Newspaper entrance, prior to any final approval. In the
alternative, North Pantops Drive may be terminated north of the southern
property line with sole access to Ashcroft RPN to be via Lego Drive and
4.
Frontage Road;
Lego Drive from frontage road F-179 to its cul-de-sac near the center of the
property shall be designed and constructed to Virginia Department of
Highways and Transportation specifications and dedicated for acceptance
into the State Secondary Road System; all other roads shall be in accordance
with the private roads provisions of the Subdivision Ordinance. No final
approvals shall be given until all road plans and profiles have been
approved in accordance with this condition;
5.
Virginia Department of Highways and Transportation approval of plans for
improvements outlined in its letter of February 7, 1980, for: (1) the
intersection of Lego Drive and Frontage Road F-179; (2) improvements of
Frontage Road F-179 from Lego Drive to U. S. Route 250 East; and (3) the
intersection of Frontage Road F-179 and U. S. Route 250 East. Construction
and/or bonding of these improvements and Lego Drive shall be accomplished
prior to any Phase 2 approvals;
Lego Drive shall be designed to Virginia Department of Highways and
6.
Transportation's Category IV standards; North Pantops Drive shall be
designed to Category IV standards as modified by the Subdivision Ordinance
if commected to Category IV standards as modified by the Subdivision
Ordinance if connected to U. S. Route 250, or to appropriate standard of the
Subdivision Ordinance if terminated.
Mr. Bowerman seconded the motion, which carried unanimously, with no
additional discussion.
Ib N. and Emma K. Eriksen Site Plan - located on west side of Route
726 near Scottsville:
Mrs. Kimsey presented the staff report.
There were no comments from the applicant and no Planning Commission comments.
Mr. McCann moved approval subject to the following conditions:
1. No building permit will be issued until the following conditions are met:
De artment og Highways and Transportation approval of the
a. Virginia p
commercial entrance and
sight distance;
bile location.
b. Zoning Inspector approvalJj
q
Mr. Davis said that he is familiar with this site, and sees no problem.
He seconded the motion, which carried unanimously, with no discussion.
Woodcreek Final Plat - located east of Route 616 and North of
Route 250 East, near Boyd Tavern:
Mrs. Kimsey presented the staff report.
Mr. Tom Gail, representing the applicant, said that he is not sure
why is is necessary to have a state road past the property line.
Mrs. Kimsey replied that the reason is the cul-de-sac and the
additional traffic on other roads in the area.
There was no public comment, and Mrs. Diehl closed the public discussion.
Mrs. Diehl established that none of the conditions of preliminary approval
have been met.
Mr. Payne said that makes very little difference in the approval of the
final plat, except for Condition l(a).
Mr. Skove moved approval subject to the following conditions, as recommended
by the staff:
1. This plat will not be signed until the following conditions have been met:
a. Health Department approval of two (2) septic field locations on each lot;
b. Grading Permit;
C. Landfill permit approval by County Engineer;
d. Note the Flood Plain Area on the plat;
e. Compliance with the private road provision, including:
(1) County Engineer approval of the road;
(2) County Attorney approval of the maintenance agreement;
f. Virginia Department of Highways and Transportation commercial entrance
approval on Route 616;
g. Virginia Department of Highways and Transportation approval of the road palns
from the entrance of Route 616 to the junction of Harvestridge Way for
acceptance in the State Secondary System;
h. County Engineer approval of the right-of-way to Route 250;
i. Waiver of the double frontage for lots 16, 17, and 18;
j. Note on the plat that the appropriate tax map is Tax Map 94.
Mr. Vest seconded the motion, which carried unanimously, with no
discussion.
Mary Patricia M. Brown Lots 1-7 Final Plat - located on the southbound
lane of Route 29 North adjacent to Berkeley:
Mrs. Kimsey presented the staff report.
Mr. McCann stated for the record that he does not feel he has a conflict
of interests, though he noted he is an adjoining property owner. Mr. Payne
said that he has discussed this with Mr. McCann, and agrees.
-v
Mr. Payne noted that the road shown is an integral part of lot 7.
He said that if the ordinance is complied with, lots should run to the centerline
of the road. He said that if the plat is approved as recommended by the staff,
this will be taken care of.
Mr. Gloeckner questioned if anybody has calculated if there is a buildable
area on lot #1. Mr. Payne noted that it is not prohibitive to create an unbuildable
lot.
Mr. George McCallum, attorney for the owner, said that access to the
businesses will be from the internal road, with no accesses from Route 29 to the
businesses themselves. He said that the required road improvements will cost
$51,200, and if the full frontage developments with curb and gutter were required,
this would add an additional $42,600 to the cost. However, he felt the Hylton
case prohibits full frontage improvements.
Mrs.Diehl established that the Commission at a later date will be able
to address trees abutting Berkeley Subdivision.
Mrs. Graves established that the Stormwater Detention Ordinance applies,
unless this property falls under a small development exemption.
Mrs. Kimsey explained the improvements to Route 29 that will come under
the Route 29 North corridor study.
Mr. McCann moved approval subject to the conditions recommended by the
staff:
1. This plat will not be signed until the following conditions are met:
a. Compliance with the Stormwater Detention Ordinance, if needed;
b. Compliance with the private road provision, including:
(1) County Engineer approval of the road;
(2) County Attorney approval of the maintenance agreement.
C. Service Authority approval;
d. Virginia Department of Highways and Transportation commercial entrance
approval for both proposed entrances as stated in the Site Review letter
of February 7, 1980;
e. Virginia Department of Highways and Transportation approval of the 200
foot turn lane and taper plus sight distance at the north bound lane
crossover;
f. Show stream on the plat, if needed;
g. Grading permit, with the Soil Erosion Committee being mindful of
protecting the existing trees as much as possible, especially the tree
line abutting the Berkeley Subdivision and the proposed access easement.
This may call for tree wells for protection.
Mr. Vest seconded the motion, which carried unanimously, with no discussion.
Red Hill Elementary School Addition Site Plan - located at the intersection of
Routes 710 and 760.
Mr. Gloeckner disqualified himself from the discussion and vote by leaving
the room.
'51
Mrs. Kimsey presented the staff report.
Mr. Olie Lunberg, architect, objected to the full frontage development
on the basis that, it is excessive, pointing out that the School Board is on a
limited budget.
Mrs. Diehl established that the road is 12-14 feet of gravel surface.
Mr. McCann said that he feels the full frontage development is excessive,
especially since he feels it is the basic obligation of the Highway Department
to build roads. However, he said that he would support this full frontage
development, since the county requires it of other developers.
Mr. Vest did not feel they would be too expensive at this particular
point in the roadway.
Mrs. Diehl agreed, noting the width of the road. She also established
that the existing drainage system will be extended. She said that she likes
the traffic flow shown on this site plan.
Mr. McCann moved approval of the site plan subject to the following
conditions, as recommended by the staff:
1. No building permit will be issued until the following conditions are met:
a. Virginia Department of Highways and Transportation commercial entrance
approval for both entrances on Route 760 and at the intersection of
Routes 710 and 760;
b. Virginia Department of Highways and Transportation approval of frontage
improvements along Route 760 with the shoulder catch point at 15 feet
from the centerline of the existing road, and the ditch line at 18 feet;
C. Virginia Department of Highways and Transportation approval of the Category
III pavement strength and paved improvements from Route 710 to the new
proposed entrance;
d. Virginia Department of Highways and Transportation approval of the 50 foot
radius at the intersection of Routes 760 and 710, only if the applicant
can obtain the necessary right-of-way from the adjacent property owner;
e. Grading permit;
f. Fire Official approval;
g. Note on the site plan that the 25 foot dedication on Route 760
is for "Public Road Use Purposes."
Mr. Vest seconded the motion, which carried unanimously, with no discussion.
With no additional business, the meeting adjourned at 11:10 p.m.
R bert W. Tucker, Jr. - S cret
Fri
,5,2�