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HomeMy WebLinkAbout04 29 80 PC MinutesM April 29, 1980 The Alb emarle County Planning Commission conducted a meeting on Tuesday, April 15, 1980, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members present were Col. William Washington, Chairman; Mrs. Norma Diehl, Vice -Chairman; Mr. Layton McCann; Mr. Kurt Gloeckner; Mr. James Skove; Mr. Charles Vest; Col. William Washington; Mr. David Bowerman; and Mr. Corwith Davis. Absent was Mr. Tim Lindstrom, ex-Officio. Other officials present were Mr. Robert W. Tucker, Jr., Director of Planning; Mr. Ronald S. Keeler, Assistant Director of Planning; and Mr. Frederick Payne, Deputy County Attorney. Col. Washington called the meeting to order after establishing a quorum. Minutes of April 15, 1980, were approved subject to an addition by Mrs. Diehl. Manis Sullivan Estate Final Plat - located off the east side of Route 601 at Mission Home: Mr. Keeler presented the staff report, noting the slope map, and pointing out that no one else uses this road. Mr. Gloeckner said that the plat should show and specify the width of the easement or make reference to the deed book. Mr. Yoder said that Health Department approval has been received. Mr. Keeler also noted that the Highway Department has determined the entrance to be adequate. Mr. Gloeckner questioned the need for a maintenance agreement in this case. Mr. Payne said there are other possible users of the road, and he does not know the nature of the easement. The way it is shown on the plat seems to indicate there are other users. Additionally, there may not be a deed book reference, in which case he would need to review the easement to see who has the right to use it. Mr. Gloeckner moved approval of the plat subject to the following conditions: 1. The plat will be signed when the following conditions have been met: a. Written Health Department approval; b. Note tax map and parcel number and residue acreage on the plat; C. County Attorney approval of a maintenance agreement; d. Owner's notarized signatures; e. Show 100' septic setback from the stream and spring; f. Show easement and specify its width, and make deed book reference to said easement. Mr. Skove seconded the motion, which carried unanimously, with no discussion. //A WORK SESSION - Birdwood Preliminary Site Plan: Mr. Tucker advised the Commission that this preliminary plan is for the golf course. Mr. Tucker said the University has representatives present that evening - Dr. Avery Catlin and others. Mr. Tucker reminded the Commission that earlier in the year the Commission had had a hearing on the Birdwood project itself - he pointed out via the plan where the six residential colleges were planned at that time. He noted the problems that had been reviewed by the staff, and pointed out that these concerns had been forwarded to the University along with suggested changes and recommendations. He said that since that time a consultant had been employed by the University to go forward with a site plan for the golf course, and that is what will be presented to the Commission that evening. He pointed to the plan of the golfcourse and pointed out the amendments from the previous plan which the Commission had seen in January. Mr. Tucker noted that this plan shows a shifting of the access road, which had been a staff concern as well as a concern of area residents, particularly residents of Ednam Village and Ednam Forest. New entrance is approximately 130 feet, from centerline to centerline, from the existing entrance to the Birdwood Estate. The closest residences are approximately 300 feet. Staff is concerned about the dual entrance, and feels the existing entrance should be used, with the road weaving around the Birdwood Estate. However, he felt this proposal is an improvement over the previous entrance plans. He noted that the Birdwood Estate has been subdivided from the remainder of the property. Mr. Tucker stated that holes 3, 4, and 5 have been moved closer to the residences. Dr. Avery Catlin, representing the University of Virginia, noted that the previous plan was a concept plan and was never intended as a site plan. It was intended to assist in determining how much land was needed for the various uses. He said that the two plans being worked on at this point are the golf course and the 90 acres for the residential colleges. The residential college site plan is scheduled to be completed sometime in the Fall of 1980. Dr. Catlin said that site plan would also come to the Planning Commission for its review and suggestions. Dr. Catlin said that the golf course site plan attempts to be sensitive to the concerns of the residents in the Ednam Forest Area and have thus shifted the road inward and moved three holes on the west side of that road. The purpose of this shift was to provide buffering. He said the University is in the process of placing a dense buffer of pine trees on almost the entire boundary on the west side. Though very small now, they will grow up over the years, and in the future this will provide additional isolation between Ednam Forest and the Birdwood property. Dr. Catlin agreed that the details on the entrance are not as they should be at this point in the planning stage. A separate entrance is shown because the present entrance to the Birdwood house is too narrow to accommodate the traffic to the rest of the development. At some future date the present entrance would be closed and not used. He said the existing entrance would then become an architectural vista. Another reason for .not using the existing entrance would be the loss of the trees along that roadway. He said that the University is committed to a single entrance, though. Dr. Catlin said that engineers are studying the problem of stormwater runoff from this project that is of considerable concern to the residents of Bellair. The State Water Control Board will also be assisting in this problem. He said that a denser grass will be put on the fairways of the golf course which will help to hold the water on the Birdwood property. The property is shown in separate parcels because the house and outbuildings were not purchased at the same time as the other property. However all the land is in a single parcel now. /l3 Mr. Gloeckner questioned if the University has plans to exercise the entrance that would cross Route 29 and go through Bellair when there is future development. Dr. Catlin said that the University has no plans to exercise that. Mrs. Diehl questioned the existing buildings that are to be used on the plan. Dr. Catlin replied that existhatdthesclubhouseconverted be aoproclubhouse andand some maintenance facilities. He said lockers - nothing of a social facility. Mr. Bowerman pointed to the buffering of three sides of the golf course. He questioned why this buffer was not extended to the entire perimeter. Dr. Catlin responded that the golf course architect has to be left with some latitude to create a successful golf course. He said that the golf course architects and the architects for the remainder of the property are working very closely. He noted that an earlier plan did not show this extensive amount of buffer. Mr. Bowerman questioned how close the next phase of development will come to existing residences. Dr. Catlin said that he would discuss this with the Commission, however did not want to be held to his comments on this topic. Dr. Catlin, assisted by the site plan, discussed the roadway and the location of the first residential college. Mrs. Diehl questioned if the buffers will be put in now, so that at the time of development they will actually provide some screening. Dr. Catlin replied that is correct. Mr. Skove questioned if this project will be required to submit an environmental impact statement. Dr. Catlin replied that it has been filed and has been approved. He said that the University is also working with the Air pollution Quality Control Board. He pointed out that an archaeological study has also been done on the property. Dr. Catlin said that the Council on the Environmental has also done a field study on Birdwood. The University met with homeowners on both sides at that time to discuss environmental concerns. Mr. Skove questioned if a public hearing will be held on the environmental impact. Dr. Catlin replied that he is unaware of a public hearing; he felt that since the statement has been approved that no public hearing was necessary. Col. Washington questioned if the ponds are located on the Birdwood property. Dr. Catlin replied that they are, and noted that one pond is being drained and the dam being rebuilt. He noted that the Corps of fdEngineerserous. has determinedponlake that most of the earthen dams in Albemarle County are will be drained and the dam rebuilt as well. Col. Washington asked for comments from the public. W. W. Stevenson questioned the width of the buffer near Ednam Forest. Dr. Catlin said that no site plan for that portion is available at this time, and therefore he could not answer the question. He said that when that site plan is available it will be submitted to the Commission and public for comment. W. W. Stevenson said that the University has received the letter from the Homeowners of Ednam Forest requesting that the golf course be brought around there. He said that residents are disappointed that this has not been done. He said that a plan in 1973 showed a gold course in that area. He felt the golf course would be an excellent buffer for Ednam Forest. He said that at the meeting with the Council for the Environment mention was made that a certain area had been allocated to the golf course architect and a certain area had been allocated to the other architects;,Mr. Stevenson felt that there might be a bureaucratic problem involved in that decision that made it difficult to rework the golf course. He said that he is sure the University is aware of all the letters of concern regarding the buffer. Mr. Rotgin said that he would like to address a question to Mr. Payne, the Deputy County Attorney. A couple of months ago the office of the County Attorney was requested to come up with a conclusive determination whether the University must comply with the Comprehensive Plan, which a lot of people seem to feel they should. He asked if the County has determined if the University is bound by the recommendations of the Comprehensive Plan. Mr. Payne said that as to the position of the County, he thinks that position has not changed. He said the county is in receipt of an opinion from the Attorney General. He said it is not conclusive, since an opinion of the Attorney General is that, "an opinion." He that the County, in its present posture, does not have any desire to challenge that opinion, if that is what Mr. Rotgin was asking. Mr. Rotgin said that the purpose of his question was so that the Planning Commission would just be aware of what their position is in this matter: whether they are here to just look at the plans. They probably do not have any authoritative powers for making recommendations, like they do with other site plans. Mr. Rotgin said that just because the Attorney General gave his opinion does not mean that is right. He said that there are those who feel the University must comply with the Comprehensive Plan. For what it is worth, Mr. Rotgin felt the Commission should keep that in mind. He expressed concern that the entire plan was not before the Commission at that time. He said that the University is employing a developer's favorite strategy - to stretch things out as long as possible, bringing things in piecemeal to try to wear out the opposition. He felt the University has been successful in this. He asked Dr. Catlin why the University has seen fit to bring in plans for only the golf course., as opposed to waiting until all the site has been laid out. That way the total impact of Birdwood could be considered by the Commission and the public. Dr. Catlin asked the chairman if he should answer that question. Col. Washington replied "if you would like." ffs Dr. Catlin said that the plan was brought to the Commission and public at this time because the golf course has been completed and has been submitted to the state. The University will now proceed to working drawings on this aspect of the Birdwood development and hopes to begin construction this fall. The other part of the Birdwood project is a much longer planning process. The site plan will not be available until this fall; the University needs to do very detailed financial feasibility studies; the Univeristy only has authority from the Board of visitors to go through the preliminary stage in planning and will probably go back to the Board of visitors in January, 1981; Dr. Catlin said that if they approve going further, it will be another 6-8 months before working drawings will be available. He said that folks will be playing golf before there will be working drawings on the buildings. That is the reason the plan comes in two different pieces. They are two projects connected, but with entirely different time scales. Mr. Rotgin said that he is aware of this, and is glad to know that the golt course is not connected with the other plan. He said it will be good to have the golf course regardless of what happens to the balance of Birdwood. He felt that the little section of Ednam Forest needs to be left with some understanding of what future protection they will have. He said that as a county citizen he is concerned with the impact of Birdwood - not so much the impact of the golf course, but the total impact. He said that impact reflects onto the roads. He noted the projected traffic count for Route 250 is such that the Highway Department recommends a minimum of four lanes. He noted that the county is having difficulty coming up with funds to four -lane Hydraulic Road, which has been planned for ten years. He felt the project will have an impact on utilities, stormwater runoff, and the housing market. He felt this development will have a real impact on the county tax base. Mr. Rotgin said that the county must provide fire protection and police protection - he noted that those two matters cost all citizens money. He said that it is difficult for him to see how the Commission can encourage the University to proceed with this aspect without considering the whole. He felt this is certainly the non -controversial portion of the project. He said that it could be used as leverage to see that the overall plan is approved. With no additonal public discussion, Col. Washington opened the topic to Commission comment. Mr. Skove asked Dr. Catlin if the environmental impact statement addressed some of the concerns of Mr. Rotgin, such as the traffic, the runoff, the utilities, etc. He said that he himself has not had an opportunity to see that statement. Dr. Catlin said that he is recalling as best he can without that statement, but he thinks the question of runoff and traffic were both addressed. Dr. Catlin then advised the Commission, upon questioning from Mrs. Diehl, that approximately 175 acres comprise the golf course, 90-95 acres in the residential colleae area, and 200 acres residue of undeveloped property. Mrs. Diehl asked if the University was given approval to build some smaller dorm units. She asked if this is part of the site plan that will be shown in the fall. Dr. Catlin then traced the various approvals that have been received from the General Assembly: (1) to plan the Birdwood project, though no approval has been received to proceed with construction or the bonds for construction; (2) permission from the General Assembly to issue bonds on 500 housing units, at an undesignated site. ( He said that was put into the Univeristy's proposal ition, in case the Birdwood project did not go ahead as a fall back pos M, or if in the present study of the masterplan there are sites on the northern grounds that can be used for student housing ). Dr. Catlin said that the way the University has to work with the General Assembly means that the University needs an appropriation before the University can start the act of planning on a project, irrespective of who pays for it. Therefore, he felt the University has "in its pocket" approval for 500 units of student housing. Whether they can be used in some other location than Birdwood is undetermined at this point. He said a very careful study of the land area of the University is being done, especially in the central grounds for student housing. If it turns out to be financially feasible, Dr. Catlin felt the University will move ahead with some additional student housing. He said that the Board of Visitors has requested that the University move as rapidly as it can in providing housing for half of the students. At this time housing is provided for about 1/3 of the students. Mrs. Diehl asked if the study for the 500 units will include comparative cost figures at a possible different location. Dr. Catlin replied that before any housing is constructed a careful financial study will have been done to be sure that the bonds can be paid off. All housing is with bonded money, to be paid back with the rent from the housing. Mrs. Diehl said that by comparable she means the different types involved. Dr. Catlin said that it is not the cost so much that varies from site to site, it is the varying requirements that the University has for land. Dr. Catlin said that as one looks at the available land in the central grounds, athletic needs, recreational needs, academic needs, research needs, patient care needs, student housing needs, all have to be balanced so that they can be satisfied. He said that is in the process of being studied at this time. Mrs. Deihl questioned if, at the time the University gets the cost figures, it addresses the land and the buildings, or if it addresses the time in which the buildings are to be active. Mrs. Diehl said that she asks this question because of bus service, and asked if this service would be included in the figures. Dr. Catlin said that they would be included in the analysis of a particular site. He said that he does not think they would be included in the financial analysis to determine if the bonds could be paid off. He said that other than this, supporting facilities are considered. Mr. Davis questioned if it is necessary to secure a special use permit on A-1 land for a golf course, clubhouse facility. Mr. Payne replied that is not necessary in this case, because "we are talking about the University." Mr. Davis said that he did not know a position had been arrived at which the University unequivocally did not need to follow those procedures. Mr. Payne said that there seem to be three levels of authority of which the University is exempt: the subdivision ordinance, the zoning ordinance, and the comprehensive plan. At this point, the Attorney General's opinion is that he does not have to comply with any of them. However, none of the three issues have been settled in court. Mr. Davis said that it is his unprofessional opinion that it is incumbent upon state agencies to follow the prescribed procedure, whether the outcpme of 117- the various political bodies is found acceptable by those state agencies. Mr. Payne said that does not seem to be the Attorney'General's interpretation of the statute. One thing the Commission must bear in mind is that there are different statutues, and the language differs significantly. In the zoning statutes, there is no reference to any public entities, one way or the other. The difference is that in the Comprehensive Plan statutes, there is a reference to any public building, public structure, public use, etc. Mr. Davis said that the University is not considered as an individual, so it is the feeling that they do not have to comply with the other regulations concerning special use permits. Mr. Payne said that it is fair to say that the University takes the position, and the Attorney General agrees with this position, that the University is an agency of the commonwealth and is therefore a superior sovereign to the county, and logically the superior agency is exempt from any of the legislation of the inferior agency. Mr. Payne said that it is absolutely clear that state agenices have to comply with soil erosion procedures. Mr. Payne said that in other jurisdictions, there is a split of authority. Col. Washington said that at the time Birdwood first came up, approximately two months ago, newspaper sources and other sources, mentioned student housing for 3000. He noted the golf course site plan being reviewed that evening, and pointed out that area set asidefor student housing at a later date, a site plan of which is to be reviewed in the fall. Col. Washington noted that one of the concerns of the neighborhood, as well as some of the members of the Commission, is that the density, somehow, should be commensurate with the immediate surrounding area. He said that he realizes that when student housing is translated to residential housing, one is not on the same basis. He questioned what density the University is thinking of. Dr. Catlin said that the master plan for Birdwood, which is part of the master plan for the University, which has been presented to the county, the city, and approved by the state and approved by the governor, calls for the ultimate development of 3000 units. That plan was drawn up about 1973 and that is still the guiding master plan. For the short term the University is looking at constructing housing for 1000 students at Birdwood. He said that the University is thinking of what is called residential colleges of 500 students apiece - i.e. two residential colleges. If plans proceed on schedule they will probably be constructed sometime in the middle 1980's, perhaps toward the end of that decade. It is likely by the year 1990 there will be housing for 1000 students. He said that he is not able to say when Phase II will be done, and certainly not phase III. He said that it is even possible that the University will wish to revise its plans by that time. Mr. Bowerman questioned if this is a public facility - if the public will have use of this golf course. Dr. Catlin said that the particular rules, regulations, or policies have not been developed at this point. Mr. Bowerman asked if it is the expectation that it will be open to the public. Dr. Catlin replied that he does not know, that no policies have been developed. %I8 He said that he is certain it will be open to students and employees of the University - how far the University goes beyond that will be determined by some experience, in all likelihood. Mr. Bowerman said that there is the possibility it won't be open to the public. Dr. Catlin replied "certainly." He noted that it is not being paid for with public funds in any way; the money was a private gift to the University, for the benefit of the University. Mrs. Diehl questioned if the Commission will be seeing a final plan. Dr. Catlin said that the next phase is the working drawings, which are the specific instructions to the various contractors as to how to excavate the earth, etc. Mrs. Diehl questioned if that will vary from the preliminary plan the Commission was reviewing that evening, specifically in the road alignment. Dr. Catlin said that the only thing that might be done differently, which he said that he would be happy to bring to and discuss with the Commission, is the engineering aspect of that road onto Route 250. He noted that this will receive much more careful study. He said that nothing else will change. Mr. Davis asked if the facility were open to the public, would the county have any authority over a public facility. Mr. Payne said that would not change the situation, as long as the University owned and operated the facility. If the University did not operate the facility, it would make a difference. Mr. Payne noted that Scott Stadium is a public facility operated by the University. Mr. Davis said that he is concerned that the Commission not pass any judgement on this project, one way or the other, now that he knows the county has no jurisdiction. Mrs. Diehl said that she wishes to thank Dr. Catlin for bringing the plan to the Commission. Dr. Catlin said that he would like to answer that question, noting that at one particular point in time, before he came in office, no plans were shown to either of the Planning Commissions. The present administration has determined that, in the interest of the University, and in the interest of the community, it is important to come to the appropriate Planning Commission with plans, to share the plans with the public, and to receive public input. He said that the University is willing to receive the public and Commission's comments and consider them very carefully. He said that he feels this to be a very healty process, however, he wished to emphasize that the University is doing this because it feels this to be a good process to follow in terms of community relations. He said that it has not always been this way, but he hopes that it will continue this way. Mr. W. W. Stevenson said that he can see that Dr. Catlin has researched this very carefully, however it would seen that the Attorney General is in conflict of interest and that it is inappropriate for him to make rulings on this subject. Col. Washington asked Mr. Tucker, other than for information, what action by the Commission is appropriate. Mr. Tucker replied that the comments supplied by the staff earlier, which have been received by the University and to some degree the University has addressed the staff's main concern ( the two entrances onto Route 250 ), should continue to be considered by the University. He felt that the shifting of the road, eastward from the property line of Ednam Village, though the staff has not seen the buffering to reduce the impact of the colleges on Ednam Forest, are some of the main concerns. He said that it is his understanding that some buffering will be located there. Mr. Tucker said that with this plan the University has addressed some of the problems that the staff had mentioned earlier. He noted that this is the least intensive part of the entire master plan for Birdwood, but improvements have been made over the original plan. He said that some of the concerns of the adjoining property owners have been addressed in this plan. Mr. Tucker said that unless the Commission has some specific things to pass along to the University, the previous staff comments submitted to the University are all that he feels to be necessary. Col. Washington questioned if the county engineer will have an opportunity to review the soil erosion plans. Mr. Payne replied "no," pointing out that the statute is quite specific on this matter. Mrs. Diehl questioned if the Highway Department would have the opportunity to review this and approve the entrance. Mr. Payne said that he is not sure, and asked Mr. Coburn of the Highway Department to comment on this, since the streets of the University have a peculiar status. Mr. Coburn said that the design of the entrance will have to meet the requirements of the Highway Department. Col. Washington asked if. the Highway Department intends to encourage a single entrance. Mr. Coubrn said that from what he had heard that evening only one entrance is planned. Mr. Ro:tgin asked if the Commission could consider the plan just as if a private developer had brought it in, imposing the same type of conditions, bearing in mind that the Commis ion represents the entire citizenry in order to protect the Ednam Forest owners aE e Bellair residents. He said that if the Commission considers the plan at all, it should consider it just as though it were submitted by the private sector. He said that it is difficult for him to stand up and talk about this plan because he is a graduate of the University, but he noted that the University was admonished pretty harshly by the legislature because they did not do their homework. They did not go to Richmond with plans and specifications and appropriate information that they needed for the legislature to consider the project. Therefore, he could not see how the local governing body, or its designated agency - the Planning Commission — really is any different. He said that if he were a neighbor out there, which he pointed out he is not, he would be very concerned about the piecemeal development. He said that this plan will limit what can be done to buffer the buildings. He said there are 90 acres where there will be student housing, and with 3000 students, this averages 33 per acre. The density in Bellair and Ednam Forest is one dwelling unit per two acres. He felt the Commission should make a decision on how it will handle this plan. Mr. Davis said that he thought it had been decided that the Commission should not make them go through the normal process. Mr. Payne said that if he understands Mr. Rotgin's suggestion, it is not possible to strongarm the University. %�U Mr. Davis said that he thinks that it is important that even though the site plan is being reviewed by the Commission, it is important that when it leaves it dd.es not have the Commission's approval or disapproval, or anything else. That way no favorable action has been taken by the Commission. Mr. Rotgin asked why it could not be approved with conditions, just as though it were a private development. Mr. Skove said that it would seem more sensible to give recommendations. Mr. Tucker said that the Commission has already given specific recommendations to the University, based on the comments of the staff at the previous presentation. Those recommendations took into account the concerns of the neighboring residents. He said, however, the Commission could reiterate those if it chose. Mr. Davis asked if the plan has been submitted to the Commission for approval. Mr. McCann said that he understands Mr. Rotgin's position, and feels the same way himself. He said that the University contributes more than any other entity to the growth of the county, and while the average citizen is subjected to all the conditions and rules and regulations, it is not possible to subject the University to the same type of regulations. He said that the University has afforded the Commission the opportunity to see the plans, and that is about as far as the Commission can go. Mr. McCann pointed out that Dr. Catlin said the University would consider the comments of the Planning Commission, and that should be the end of it. Mr. Davis said that he is trying to determine the reason for the Commission's current position, since the plan has not been submitted for approval in the first place. The regular course of action cannot be followed. Mr. Tucker noted that plans are submitted periodically by the University to the County, and the staff in turn brings these plans to the Commission, for the Commission's information. The Commission has never placed conditions on any of these plans. On what Mr. Payne has indicated, he did not know what the Commission could do other than submit its comments and recommendations. Hopefully, and it appears they have, the University will consider those comments and incorporate them into the plans. Mrs. Diehl said that she would like to reaffirm the Commission's committment to the comments of the planning staff and thank Dr. Catlin for bringing the plan to the Commission that evening. Col. Washington noted that approximately three years ago the University submitted a plan to the Commission, citizens expressed concerns about the runoff and drainage and associated problems; at that time the University said that it would examine the problem and comply with county procedures on runoff control. He said that he would like to encourage the University at this time to follow the guide of the County Engineer's runoff control and soil erosion ordinances. Dr. Catlin said that he thinks the soil erosion ordinance refers to the standards of the State Water Control Board, and as a state agency, the University is required to comply with these standards. Mr. Payne said that the substantive requirements of the local ordinance are idential to the standards of the state requirements. Mr. Tucker noted that Birdwood is not in the South Rivanna Watershed. Mr. Bowerman questioned if the golf course goes before the legislature, since it is privately funded. for Dr. Catlin said that^any project that is to be constructed by the University, funds must be appropriated by the General Assembly. If someone gives a to the University, the University in turn gives that to the state, who in turn appropriate it back to the University. There is no such thing as the University receiving a gift - it must be turned over to the State Treasurer and the General Assembly appropriates the gift back to the University. This project was considered by the General Assembly, was approved by the General Assembly for both planning and construction. hand Mr. Bowerman asked if that were this particular phase - Dr. Catlin replied "yes." Dr. Catlin said that this is appropriation of non -taxed funds, what are known as special funds. Mr. Bowerman asked Mr. Payne if there has ever been a case in this commonwealth, where a state agency was required to take a proposal to the legislature, where the legislature made reference to the local planning body of the local planning staff. in the legislature's deliberation of the merits or demerits of the proposal. Mr. Payne said not to his knowledge. The Virginia General Assembly does not record its debates in the same way that Congress does, and it is almost impossible to research debates except through committee reports and that sort of thing. Mr. Bowerman asked if the county planning staff goes to Richmond for a discussion of a proposal of this sort. Mr. Tucker said that they do not. Mr. Bowerman said that he would like to suggest, not particularly on this phase, but on the dormitory phase, that the Planning Commission make its position known in a formal/informal wfy - i.e. a non -binding way, with regard to particular conditions that should be applied^the building of dormitories and see that that is forwarded to the legislature. Mr. Payne said that there is plenty of precedent for the instrument of the local government making its views heard in the General Assembly. Mr. Skove felt that to be an excellent suggestion. There was then Planning Commission consensus to reaffirm the Commission's committment to the comments of the planning staff and thank Dr. Catlin for bringing the plan to the Commission for its review. N ZMA-80-27. Liberia Development: Mr. Keeler presented the staff report, noting that the petition had been deferred from a previous meeting in order that the staff could present up-to-date estimates on water storage tanks. Mr. Gloeckner estimated that one could count on spending approximately $1.00 per gallon for finished installation of the tank. Mr. Ira Cortez, Fire Official, presented figures dealing with steel tanks. He said that he had called regarding the cost of fiberglass tanks. He noted that because of the condition of the road, the response time is 24 minutes from he Fire Department headquarters. He said that all that can be hoped for is to stop the spread of fire. Mr. Parks agreed that $1.00 per gallon figure is about right, noting that the total price for water and fire protection is $280,000. Mr. Parks said that this is a rural project with a rural density, and he knows of no other project in the county that has had this requirement placed upon it. Mr. Keeler noted that the property is not in the jurisdictional area of the Service Authority, nor is it in the designated growth area. He noted the map showing the growth area in this part of the county, as recently acted upon by the Board of Supervisors. Mrs. Diehl said that it seems like poor planning to anticipate growth on one side of the road and not on the other. Mr. Gloeckner questioned if the Service Authority will participate in the extension of the lines. Mr. Keeler replied that happensbnly in designated jurisdictional areas. He then read the comments of the Service Authority into the record. Mr. Bruce Rasmussen questioned the status of the negotiations on the well purchase from Mr. Breeden by the Service Authority. Mr. Keeler said that he is has no knowledge of how that is proceeding. Mr. Kendrick Dure said that the Service Authority has been asked to take another look at this. Mr. Parks said that if a public system is ever in the area, he feels it appropriate to require this applicant to hook to that public system at that time. He said that he also feels it is important and reasonable to require larger size lines than are necessary at this time. There was no public comment, and Col. Washington closed the public hearing. Mr. Skove established that approval of the original request granted permission for 104 units. Mr. McCann moved approval of the amended condition #8 to read as follows: %W3 8. Fire Official approval of: access to and locations of impoundments and dry hydrants; other emergency access provisions; locations of dwellings; locations of appurtenances for future ossible hydrants on central well system. Central well system including all sizes and appurtenances shall be designed in accordance with Albemarle County Service Authority design standards and approved by the Service Authority for future possible acceptance. Mr. Skove seconded the motion, which carried by a vote of 7-0-1, with Mrs. Diehl abstaining. SP-80-17. Kendrick Dure has petitioned the Board of Supervisors for a polo facility and related activities under Section 2-1-25(10) of the Zoning Ordinance on 50+ acres zoned A-1. Property is located east of Route 631 and is approximately 1 3/4 miles south of the intersection of Routes 631 and 781. Tax Map 90, Parcel 6, part thereof, Scottsville District. Mr. Keeler advised the Commission that he has received a letter requesting deferral for a period of two weeks. He said that he recommends that the public hearing be opened, and noted that Mr. Coburn of the Highway Department and Mr. Ira Cortez, Fire Official, are present to answer questions. He said that the staff then recommends action be deferred until June 3, 1980. Mr. Keeler then presented the staff report. Mr. Cortez re-itereated comments on fire protection, as listed in the staff report. He said that there is a need for adequate fire protection, an d certain design criteria is mandatory. Mr. Coburn discussed the recommendations of the Highway Department, as set forth in its letter of April 15. He said they do not oppose the proposal if access is Route 20. Mr. Tom Sinclair, on behalf of the applicant, said that he is not prepared to address the petition that evening. Mr. Kendrick Dure said that he is endeavoring to re-evaluate the entire project and needs time to discuss the proposal at greater length with the principals in the property who live in northern Virginia. Mrs. Ross said that the old farm road cannot be used. She asked that the Commission in its deliberations carefully consider the intersection of Route 20 and Avon Street Extended. She said that in the past it has been most unpleasant dealing with the owner of this property and his request for deferrals when submitting a petition. Dr. Charles Beegle addressed the dangerous condition of the intersection. Mr. Bruce Rasmussen asked if Mr. I. J. Breeden has given Mr. Dure permission to act on his behalf and has given his agreement to work with the polo facility. Mr. Keeler said that he has a letter designatingMr. Dure as agent, signed by I. J. and Hilda Breeden for the Forest Lodge Land Trust. Mr. Dure advised the Commission that he has a letter regarding the polo facility, though he is not prepared to make that part of the public record, based on Mr. Breeden's Manassas attorney's request. Col. Washington said that he would close the public hearing for the moment. Mr. Gloeckner said that he wished, prior to the next meeting, the Virginia Department of Highways and Transportation to address the road in more detail, in view of other applications in that area. He suggested that fire protection be addressed to a finer degree, and asked to see more of the total package for land in that area. He moved that discussion and action on the petition be deferred until June 3, 1980. Mr. Vest seconded the motion, which carried unanimously, with no further discussion. There was no additional business, and the Commission adjourned at 10:00 p.m. R ert W. Tucker, Jr. - S creta /a-5