HomeMy WebLinkAbout04 22 80 PC MinutesApril 22, 1980
The Albemarle County Planning Commission conducted a meeting on Tuesday,
April 22, 1980, 7:30 P.M., in the Board Room of the County Office Building,
Charlottesville, Virginia. Those members present were: Mr. Layton McCann,
Mr. Charles Vest, Mr. Corwith Davis, Jr., Mrs. Norma Diehl, Vice Chairman;
Col. William Washington, Chairman; and Mr. James Skove. Kurt Gloeckner was
the only member absent. Other officials present were Mr. Frederick Payne,
Deputy County Attorney; Mr. Byron Coburn, Assistant Resident Engineer, Virginia
Department of Highways & Transportation; Mr. Ronald Keeler, Assistant Director
of Planning; and Mrs. Idette Kimsey, Planner.
Col. William Washington, Chairman called the meeting to order after establishing
a quorum was present.
The minutes of April 8, 1980 were approved as written.
ZMA-80-07 LIBERIA DEVELOPMENT CORPORATION
Amendment of conditions of approval of ZMA-77-18 (Whittington RPN) with regard
to fire protection (Condition #8).
Mr. Keeler presented the staff report
Mr. Roy Parks, representing the applicant, made a statement on the area and
proposed development: A 2 acre rural density; the applicant will provide
water rather than drill each lot; there are 5 streams on the property; the
applicant would have to build a road and put in piping with a storage tank,
to get the required gallons per minute - Cost of storage tank would be $1.
per storage gallon, plus pipe and road - probably would cost about $175,000.00;
this would make the cost of the lots out of range of competition. A collapsible
tank is impractical, a steel tank is needed.
There was no further public comment and the public hearing was closed.
Mrs. Diehl asked that the size and cost of the tank be clarified.
Mr. Parks gave a run down on cost: Tank-$85,000, road $46,000, pipe $52,000,
Hydraulic control $10,000 - total $203,000. $20,000 would be normal cost for
storage of drinking water, this does not count the cost of interest and other
expenses.
There was a discussion among the Commission about the storage tank, and the
water system. The following facts were gathered:
1. The public subdivision remains outside the urban area.
2. Public water is 6,000 feet away from the subdivision area.
3. Development is planned for .5 density
4. Wells for each lot would cost approximately $2,500.00.
5. Development of total area being done by two different individuals.
Mr. Payne made the comment that the applicant can't put in public water there.
The Service Authority would have to amend and out the public water there.
Mr. McCann said that Condition 8 as written by staff was good; he then made
a motion for approval with Condition 8 as written by staff.
There was no second to the motion.
Mrs. Diehl then made a motion to defer the item to April 29th.
Mr. Vest seconded the motion.
Mr. McCann disagreed on holding up the item.
Col. Washington said he felt the density should be commensurate with the area
being adjacent to Route 64.
When the vote was taken on the deferral - it was 5-2 with Mr. Davis and Mr.
McCann dissenting.
Col. Washington requested that when the item is brought back to the Commission
that he felt they should have the historical background.
Mrs.Diehl requested an evaluation of the cost, water system and proper
development.
LIEBIG INTERNATIONAL, INC. HEADQUARTERS SITE PLAN
Located on the east side of Route 742 approximately .4 miles from the city limits
of Charlottesville. Property is described as Tax Map 77E(2), Parcel 1 (part of
parcel 1), in the Scottsville Magisterial District.
Staff report was given by Mrs. Kimsey.
Arthur Pape, speaking for the applicant, said that this is a flat site; the
stormwater detention pond is being built for the whole facility.
It was also stated by Mrs. Kimsey that the engineers have approved the
application.
The discussion was closed to the public, since there was no further public
discussion.
Mr. Skove asked if this was a dry manufacturing process - no water used.
Mr. Pape said that this was correct.
Mrs.Diehl asked about the location of the trees.
Mr. Pape said there are no trees; this property is not adjacent to the Dulaney
site.
Mrs. Diehl requested Mr. Coburn to make his ideas known on the entrance location.
Mr. Coburn said the grade has been adjusted; the entrance location will be in
the center of the property. So long as the entrance has proper site distance
and grade has been corrected; it will be steep, but acceptable.
Col. Washington asked about full frontage for this item.
Mr. Coburn said that full frontage in the urban area is valid.
Col. Washington asked the gross width of the frontage.
Mr. Pape said that it is 500 feet.
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Col. Washington asked if the taper included curb and gutter.
Mr. Coburn said that this taper would have to be removed later to extend and
that curb and gutter was not included in the taper.
Mr. Skove inquired about the size of the operation of the facility.
Mr. Pape said there would be 10 or 12 employees in Phase I. No expansion is
projected for the immediate future. There is no figure available for the
ultimate size.
There was some discussion of the drainage structure, which is to be standard type.
When Col. Washington questioned the difference between the recommended and
the required on frontage, Mr. Coburn stated there is about a doubling of cost -
probably about $15,000 for entrance grading and deceleration lane and about
$30,000 for the entire frontage.
Mr. Pape stated there was considerable discussion of the frontage at the Board
of Supervisors meeting, but that full frontage was not recommended and not
approved.
Mrs. Kimsey said there were no conditions on the Board approval; but that Mr.
Roosevelt strongly recommended full frontage improvement.
Mr. McCann made a motion for approval with the following conditions:
1. No building permit will be issued until the following conditions
are met:
a. Grading Permit;
b. Compliance with the Stormwater Detention Ordinance;
C. Provide proof to the satisfaction of the County Attorney of
maintenance of the stormwater detention structures;
d. Fire Official approval of hydrant location and fire flow of
1,000 gpm;
e. Virginia Department of Highways & Transportation commercial
entrance approval;
f. Health Department approval;
g. Note on the Site Plan: Owner of the property shall connect
to Public Sewer when capacity is available.
The motion was seconded by Mr. Skove.
The vote was 6-1 with Col. Washington dissenting.
Col.Washington stated that he thought it was a mistake not to require full
frontage on all industrial property.
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JAMES McFARLAND FINAL PLAT
Located on the north side of Route 29 adjacent to Albemarle Square Shopping
Center. Property is described as Tax Map 45, Parcel 104, in the Charlottesville
Magisterial District. 144)
Mrs. Kimsey gave the staff report.
Tom Gale made a statement for the applicant - the applicant would like to put
the entrance south of where it is shown on the plat, but no closer than 500'
to Albemarle Square; the applicant had hoped to use the existing water and
sewer until the site plan was submitted.
Mr. McCann said he had no problem on the entrance.
There was no public comment, the meeting was then closed to public comment.
There was a discussion of the water system to be used. The applicant stated
that the present water system had been there since 1939.
Mr. Payne suggested that easements should be required now, if the Commission
did not require the hook-up to the public system at this time.
Mr. McCann suggested changing Condition 2 to get the easements at this time.
Mrs. Diehl asked Mr. Coburn the reason for the location of the drive.
Mr. Coburn stated: 1. Earliest drawing had a map, but 500' not available;
2. One entrance should serve the property, instead of two;
3. Full frontage development should be used.
It finally developed from discussion that the plat was showing the existing
entrance, not the proposed entrance.
Mr. McCann moved for the approval of the subdivision plat subject to the
following conditions:
1. This plat will not be signed until the following conditions are met:
a. Note on the plat: access to parcel A-l(A) shall be limited to
the entrance of parcel A-1(B);
b. County Attorney approval of access easement maintenance agreement;
C. Check to see if building locations on the plat are correct and
make the necessary corrections, if needed;
d. Virginia Department of Highways & Transportation commercial
entrance approval;
e. Dedication to the Albemarle County Service Authority of sewer
line easement across Parcel A-l(A) to serve Parcel A-l(B).
Mr. Bowerman seconded the motion.
The vote on the motion was 4-3, with Col. Washington, Mr. Diehl & Mr. Skove
opposing the motion.
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DON SULLIVAN FINAL PLAT
Located off Route 663 at the end of Route 806 near Albemarle -Greene County line.
Property is described as Tax Map 19, Parcel 1 in the White Hall Magisterial
District.
The Staff report was given by Mrs. Kimsey.
The applicant made a statement about the fact that the road would be used by five
home sites (1 new one, if approved). He said no written agreement on the road
exists.
There was no public comment and the meeting was closed to public discussion.
Mr. Skove questioned an agreement on the road that only two owners might sign.
Mr. Payne said the Commission only has authority over the people and parcels
concerned in the plat.
Mr. McCann suggested that the County should have a maintenance agreement available
when the agreement is necessary.
Mr. Payne said that this was impossible, since the forms are so varied, but that
this can be taken care of in the deed.
Mr. McCann made a motion for the approval of the subdivision plat subject to
the following conditions:
1. This plat will not be signed until the following conditions are met:
a. Health Department approval;
b. Compliance with the private road provision, including:
1. County Engineer approval of the road;
2. County Attorney approval of the maintenance agreement.
Mr. Skove seconded the motion.
The vote for approval was unanimous.
JACKSON VILLAGE TOWNHOUSE COURT #1, PRELIMINARY SITE PLAN a SUBDIVISION
Located off of Route 631 (Rio Road) on the east side of Route 768 (Penn Park Road).
Property is described as Tax Map 62, Parcel 17, in the Rivanna Magisterial District.
Staff Report was presented by Mrs. Kimsey.
Tom Gale, speaking for the applicant, said that there was no objection to the
conditions for approval, though the applicant would like to be able to be
allowed not to submit a complete set of road plans, to alleviate some expense.
Mr. Coburn said that the layout of the roads is really fixed by the topography
of the land and it would not be necessary to get road plans approved.
Mr. Payne said it seemed to be the concern of the staff to see the internal
portion of the site; don't know what else is coming on the site, where the
roads are located and if they are state roads.
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Mr.
Gale said the road
being built
will be more
than adequate.
Col.
Washington stated
that with 35
units, it was
already up to state standards.
Mr. Gale noted that the internal roads would be private; the road serving the
property would be a state road.
There being no further public comment, the meeting was closed to public;
discussion.
Mr. Payne stated for the record and for the applicant's benefit the fact that
there are certain features on the plat that are going to serve a number of these
units such as drainage facilities and what not; anything like that is going to
have to be contained in the maintenance agreement. The record should also be
clear that this approval (if the Commission does give approval) is preliminary
as to both the site plan and the plat.
Mr. Bowerman inquired about the open space - when he first saw the preliminary
plat there were supposed to be six units to the acre, but no provision for
open space; what is set aside?
Mr. Payne said there was no need for open space, no need to see the overall plan;
with multifamily buildings - the rest is open space. When the proffer uses up
all of the density, then the rest is open space.
Mr. Skove moved for the approval of the preliminary site plan and subdivision
subject to the following conditions:
1. The following conditions will be recommended for final plat and site
49)
plan approval;
a. Grading Permit;
b. Compliance with the Private Road Provision, including:
1. County Engineer approval of the parking area;
2. County Attorney approval of the maintenance agreement;
C. County Engineer approval of the storm drainage layouts;
d. County Engineer and Virginia Department of Highways and Transportation
approval of the road plans from Penn Park Road to the northern edge of
the site;
e. Virginia Department of Highways & Transportation approval of the
commercial entrance off of Penn Park Road (Route 768);
f. Virginia Department of Highways & Transportation commercial entrance
approval for both entrances off the existing 60 foot right-of-way;
g. Fire Official approval of hydrant location and fire flow of 1000 gpm;
h. Albemarle CountyService Authority approval for both water and sewer;
i. Rename the proposed street names;
j. Correct the zoning note to R-3;
k. Provide street signs for the Townhouse site access easement and for
the existing 60 foot right-of-way;
1. Virginia Department of Highways & Transportation review and
recommendation of Road Plan design of the entire property prior
to any further site plan or subdivision plat submittal.
The motion was seconded by Mr. Vest.
The vote for approval was unanimous.
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CAMILLIA GARDEN PRELIMINARY PLAT
Located at the intersection of Whitewood Road and Greenbrier Drive. Property
described as Tax Map 61, Parcel 29B, in the Charlottesville Magisterial District.
The staff report was presented by Mrs. Kimsey.
Tom Gale, speaking for the applicant, inquired as to the necessity of sidewalks
for this project. Because of density, the sidewalks are necessary. He said
the applicant has no other problems with the requirements.
Mr. Coburn said that when the plans for Greenbrier are developed, the sidewalks
might have to be changed.
Mrs. Diehl inquired about the number of lots on the hammerhead design.
Mrs. Kimsey said that design had 32 lots, 30 lots on the other plan.
Mr. Coburn said that a cul de sac requires 8500 feet; a hammerhead design
requires 2400 feet.
There was discussion on the different design and the different types of
entrances for the property.
Mr. Skove made a motion for the approval of the preliminary plat subject to
the following conditions:
1. The following conditions will be recommended for final plat approval:
a. Grading Permit;
b. Compliance with the Stormwater Detention Ordinance;
C. County Attorney approval of the homeowner's agreement and maintenance
agreement of Stormwater Detention structures;
d. Fire Official approval of hydrant location and fire flow of 750 gpm;
e. Albemarle County Service Authority approval of water and sewer;
f. Virginia Department of Highways & Transportation commercial entrance
approval for both entrances off Whitewood Road;
g. County Engineer and Virginia Department of Highways & Transportation
approval of road plans for Pepper Tree Road;
h. Note on the site plan: All lots shall have access on the internal
road only;
i. Waiver of double frontage;
j. County Engineer approval of drainage facilities;
k. Sidewalks along the frontage of Whitewood Road and along one side
of Pepper Tree Road;
1. Show where Greenbrier Drive dedication ends;
M. Provide a street sign for Pepper Tree Road;
n. Reword the note "Possible Future Dedication for Road Alignment" to
"Reservation for Future Road Realignment" on the Site Plan;
o. Correct Parcel number to 29B on the Site Plan.
Mr. McCann seconded the motion.
The vote for approval was unanimous.
FERDINAND BAZIN PRELIMINARY PLAT
Located on the west side at the end of Route 666 off of Route 664 northwest
ofE,arlysville. Property is described as Tax Map 18, Parcel 19 in the White
Hall Magisterial District.
Mrs. Kimsey presented the staff report.
Mrs. Bazin made a statement saying that she and her husband were aware of the fact
that they would be adding to traffic, though this is a small subdivision, and
that they were prepared to assume maintenance on the road and were ready to
abide by the other conditions for approval.
Dennis Marcello, who lives on the road adjoining, made a statement for the
adjoining owners: The subdivision plat shows seven entrances off of the private
road; at the present time cars can not pass each other on the private road;
there are eight families who drive on this road at the present time - the
subdivision would double this amount; the adjoining owners do not wish to
have a maintenance agreement; the subdivision would create excessive wear and
tear on the road. The adjacent owners feel the proposal as it stands now should
not be approved.
Mr. Harry Wellons, another adjacent owner, said that this private road had a
right-of-way, half of which belonged to him. He did not feel the road was
suitable for a subdivision. He proposed the plat be looked at again and another
plat be submitted later.
Mrs. Seglin stated that if the Bazins sold the houses, they would not maintain
the road.
Mrs. Bazin said the subdivision would maintain the road; this would be put in
each deed.
Mrs. Wellons said that cars have to back distances down the road or pull over in
a field in order to pass each other - the road is a bottleneck for cars now.
Mrs. Diane Dennison said there are five cars taking children to catch the
bus at the top of the hill.
Mr. Mooney said there is a question of right-of-way - the Bazins own one half;
the other half belongs to the Wellons.
Mr. Payne said this is an old county road for purposes of access.
Mr. Mooney said that since 1932 - since the county turned roads over to the
state - it had been a private road.
Mr. Payne stated that the County might have stopped maintaining the road, but
that if it was not abandoned by the Board, then it is still a county road.
Once a public road; always a public road.
Mr. Marcello said that the road may be public, but why seven entrances on this
road.
Mr. Roger Ray, representing Mrs. Bazin - said if you noticed on the plat -
there is a stream, then a ridge line. If you run a road through the ridge,
then it is not wide enough to accomodate both road and building lots. This
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old county road appeared on plats since 1800's, was through road to Buck Mountain
and joined secondary road. Maps show the whole road as 666. There is a cattle
guard in the road but the access from Lot 7 is before the guard. He wants to see
what the conditions are before the final plat - some of the lots might be able to
have joint entrances. Mrs. Bazin will bring the road in front of the lots up
to standard.
Mr. Payne said that is a requirement of the ordinance, that the road would have
to be brought up to standard. The ordinance requires the road to be sixteen
feet wide with five inches of stone.
Mr. Wellons asked about the necessary easements to widen the road.
Mr. Payne said this is 30 feet wide now.
Mr. Wellons asked who moved the fences. He said that he runs a cattle farm
and that is an important consideration for him. He felt an alternate plat
should be submitted for access; other property could be developed too.
Mr. Marcello said that developing lots is expensive, but the adjacant owners
should not be caused to suffer.
Mrs. Bazin said any preliminary plat could not be too good, but could show intent.
It was not intended to be the cheapest way of doing necessarily.
Mr. Ray said he would challenge anyone to come up with a better design than he
had; that he could have come up with more lots even than this.
- The Chairman closed the meeting to public discussion.
Col. Washington:there is a twelve more lot potential; forty acres were split
not long ago. Why can't a road run along the ridge.
Mr. Ray: this takes up a thirty foot easement and seventy-five foot maintenance,
then there are 25% slopes. This would put the road in the prime place for
home sites.
Mr. Bowerman: How about a road parallel to 666?
Mr Ray: Old County Road upgraded is what we feel we can use; it is not good
planning to have two private roads.
Mr. Bowerman: Perhaps this is a place for a parallel road.
Mr. McCann: A private road can be split up the way they want, private road -
county road.
Mrs. Diehl wanted to go over the tolerable and non -tolerable road.
Mrs. Kimseysaid she did not have this table with her, but that the Commission
should follow the Highway Department recommendation, that this would create
an additional burden on 666.
Mr. Payne said the Commission could turn down a subdivision if it will endanger
the health, safety and welfare.
Mrs. Diehl asked about the Buck Mountain study - what recommendation the study gave
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for buffer areas.
Mrs. Kimsey said no action had been taken yet.
Col. Washington wondered what the impactment would mean.
Mrs. Kimsey said would be used for water area.
Mr. McCann said this is encroachment on the water supply; no information yet,
no guidelines.
Mr. Davis said that people don't understand what the Planning Commission can or
can not do; the legal justification.
Mr. Bowerman read a section of the private road ordinance.
Col. Washington asked the condition of the state road.
Mrs. Wellons said the school bus has to back to turn around.
Mr. Marcello said that common sense rather than legalities are important.
Mr. Davis said that the road will not be the same road that the pictures showed
or that is there now; it will be the road that is built.
Mr. Marcello said that the state maintained road will become worse.
Mr. McCann made a motion for approval.
Mr. Ray said the reason they had asked to be relieved from the 30 foot: easement,
it would require a longer driveway to the homesite; need the most access from the
county road. Is 75 foot right-of-way always required.
with
Col. Washington said the right of way is not always required, but required compliance
the private road ordinance insures the maintenance agreement. The Maintenance
Agreement should include all parties.
Mr. Payne said the county has no authority to require other property owners to sign
a maintenance agreement. County Engineer will see it is built to requirements, but
the County Engineer does not oversee maintenance on the road.
Col. Washington read the recommendations of the staff.
Since Mr. McCann's motion did not receive a second, it was dropped.
Mr. McCann made a substitute motion for approval, eliminating condition C.
The motion was seconded by Mr. Skove.
Mrs. Diehl said she could not agree, she felt the approval was a hazard to
health and welfare.
Mr. Skove said it can't be turned down; he was not enthused about the approval.
Mr. Bowerman suggested that the number of entrances on the old county road be
minimized - use a connecting entrance on Lot 5 & 6, maybe a total of four
entrances.
Mr. McCann amended his motion to add joint entrances where feasible; making the
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motion subject to the following conditions:
1. The following conditions will be recommended for final plat
approval:
a. Health Department approval;
b. Compliance with the private road provision, including;
1. County Engineer approval of the road and entrances;
2. County Attorney approval of the maintenance agreement;
C. Show joint entrances where possible.
The vote on the approval was 6-1 with Mrs. Diehl opposing.
The meeting adjourned at 11:30 P.M.
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