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HomeMy WebLinkAbout05 20 80 PC Minutes (2)May 20, 1980 The Albemarle County Planning Commission conducted a meeting on Tuesday, May 20, 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. Corwith Davis, Jr., Mr. Layton McCann, Mr. James Skove, Mr. Charles Vest; members absent were: Mr. David Bowerman and Mr. Kurt Gloeckner. Other officials present were: Mr. Timothy Lindstrom, ex-officio; Mr. Frederick Payne, Deputy County Attorney; Mr. Ronald Keeler, Assistant Director of Planning, and Mrs. Idette Kimsey, Planner; Mr. Dan Roosevelt, from the Virginia Department of Highways and Transportation was also present. Col. Washington called the meeting to order after establishing a quorum was present. The minutes of May 6, 1980 were approved as written. SP-80-28 - Ronnie Wells Located: Property, described as Tax Map 63, Parcel 45A, part, located on the south side of Route 621 approximately 3/4 mile east of Route 20 North. Request - Mobile Home. Mr. Ronald Keeler presented the staff report. The applicant had no comment to make. There was no public comment and the meeting was closed to public discussion. Mr. Skove ascertained that the adjoining property owners had been notified. Col. Washington found on inquiry that this item would go before the Board of Supervisors Wednesday, May 21, 1980. Mrs. Diehl inquired about the set back from the stream. Mr. Keeler replied that this is not in the watershed. They do not have Health Department approval yet. Mr. Vest made a motion for recommendation to the Board of Supervisors of the application, subject to compliance with Section 11-14-2 of the Ordinance. Mr. Skove seconded the motion. The motion carried by unanimous vote Lizzie Sprouse Final Plat (Ronnie Wells) Mr. Keeler explained that this is the same property as the preceding Ronnie Wells case; he then gave the staff report for this final plat. The applicant had no comment to make. There was no public comment, and the public discussion was closed. 1-4l. Mr. McCann made a motion for approval, subject to the following conditions: 1. The plat will be signed when the following conditions are met: (a) Dedication of 25 feet from centerline of Route 621; (b) County Attorney approval of maintenance agreement for road; (c) Health Department approval; (d) Virginia Department of Highways and Transportation commercial entrance approval. Mr. Vest seconded the motion. The Commission voted unanimously for approval. SP-80-23 American Federal Savings & Loan Location: The property is located in Four Seasons, off Four Seasons Drive adjacent to the Patio and Townhouse Associations. The property is described as Tax Map 61-X (2), Parcel 4 in the Charlottesville District and in Neighborhood 1 of the Urban Area. The applicant is seeking to establish a Day Care Center operation in the Four Seasons Development on Parcels B and C as shown on the plat File 3200 of W.S. Roudabush, Incorporated. The day care center would be located in the existing two story clubhouse using the bubble structure as indoor recreation and the land comprising parcels B and C as outdoor recreation. The staff report was given by Mrs. Kimsey. Mr. Clyde Gouldman representing the applicant, made a statement: The considered property had forfeited on a loan and the savings and loan had forclosed, now they are trying to divest themselves of the property. The day care center would cause no change to the exterior of the clubhouse, The pool has been leased for the first year, then it will probably be deeded to the YMCA; There are tenati.ve purchasers for the tennis courts and other areas. Mr.Gouldman introduced Mr. Richard Johnson, who is representing American Federal Savings and Loan and Miss Millie Newman, who is representing the proposed day care center. Mr.Gouldman said they are asking for a change in the planned unit development - a proposed subdivision which is proposed it the next -item. Mr. Richard Johnson said that this request represents two savings and loans who are trying to salvage a piece of property. Four Seasons was economically unfeasible as it started out and continuing the project as it is would be impossible. The subdivision and day care is the economical answer. The American Preschool Centers, Inc. would get the building and the tennis courts; the pool would go to the Patio Association. Three homeowner associations involved have been consulted. The Savings and Loan Companies are now asking approval of the special use permit. Millie Newman, from the American Preschool Centers, Inc. spoke about the day care plans: The American Preschool Centers have centers from Massachusetts to Florida They are run for children of working parents and the children are in a controlled environment, with a staff that the American Preschool Centers train. When questioned by Mrs. Graves, Mr. Johnson stated that they have an agreement to allow the YMCA to use the restrooms in the clubhouse. The YMCA, at a later date,will probably build their own facilities there. LA,7 Mrs. Graves also questions the 25% open space and the opening of the school to the public. Mr. Johnson said as a preschool operation the use really had not changed . The previous use had been very similar. Mr. Steve O'Neill, representing the YMCA, questioned the future of the tennis courts. Mr. Johnson stated that an effort had been made to sell the tennis courts, as they are not needed for the day care center. The public discussion was closed. Mr. Skove ascertained that though one of the lakes had been used as a back up for the fire system, that this is no longer necessary, the water pressure is sufficient for the hydrant. Mrs. Diehl found that 25% open -space was not so designated in the PUD, but that this was designated as a reservation of recreational uses shown on the plat. Mrs. Diehl asked what the total acreage of Four Seasons was originally. Mr. Gouldman said that originally Four Seasons was in excess of one hundred acres - 21 acres of patio houses, 18 acres of townhouses, about 11 acres of condominums and apartments and a small shopping center on about 6 or 7 acres. Mr. Payne said that the Planned Community Ordinance was designed for Four Seasons; some of the original documents were lost when they were subpoenaedfor Grand Jury. Mrs. Diehl said that this particular request concerns about 12 acres. Col. Washington questioned Mr. Gouldman as to the owner of Four Seasons from which the Savings & Loans had to foreclose and take possession. Mr. Gouldman replied that the owner was Woodlake Corporation, and that First Federal Savings & Loan and American Savings & Loan, both of Lynchburg, were involved in the foreclosure. Mrs. Diehl found upon inquiry, that the parcel in question was always privately owned and there was not public or common space, and that the size of the clubhouse building is 4,256 square feet. Mr. Johnson said that the State governed how many children could be in the day care center at a time. Mr. Skove suggested that the hours of operation should be one of the conditions of approval and that the hours be from 7-A.M. to 6:30 P.M., as the applicant requested.He further felt that conditions four and five were superfluous. Mrs. Kimsey said that these conditions made it possible for the Zoning Administrator to enter the case, if the applicant did not comply. Mr. Payne said that these conditions were necessary for enforcement. Mr. Skove made a motion for approval subject to the following conditions: HS 1. Fire Official approval of fire flow (1500 gpm) and fire safety facilities for the club house and bubble structure; 2. Permit is issued to applicant and is non-transferrable; 3. Approval of appropriate state and local agencies. Conditions stated are supplementary and nothing stated herein shall be deemed to preclude application of requirements and regulations by the Virginia Department of Welfare or any other agency; 4. Licensure by the Virginia Department of Welfare as a child care center. In the event of license expiration, suspension, or revocation, the Zoning Administrator shall refer this petition to the Board of Supervisors for public hearing after notice pursuant to Section 15.1-431 of the Code of Virginia, as amended. It shall be the responsibility of the applicant to transmit to the Zoning Administrator a copy of the original license and all renewals thereafter. Failure to do so shall be deemed willful non-compliance with the provisions of this special use permit; 5. Limit of one sign on property with a maximum area of four square feet; 6. Administrative site plan approval to include location of children's play area with equipment and play area to be fenced in from other activities; 7. Hours in use shall be limited to 7:00 A.M. to 6:30 P.M. The motion was seconded by Mr. McCann. Col. Washington ascertained that the Montessori school operates in one of the other buildings and will continue to operate at that location. The special use permit was unanimously recommended to the Board of Supervisors. FOUR SEASONS FINAL PLAT Located on the north side of Four Seasons Drive, the tract of land that contains the clubhouse, two lakes and swimming pool. Property described as Tax Map 61X(1), Parcel 4, in the Charlottesville District. Proposed as a division of five (5) lots with an average size of 2.3 acres. The staff report was presented by Mrs. Kimsey. Mr. Richard Johnson, for the applicant, stated that . they are in agreement with all requirements except the entrance. The reason the entrance requirements are opposed is because the Patio Home Group is almost adjacent to the entrance and they have done considerable landscaping and they do not want the entrance changed. The Patio Home Group prefers to keep the landscaping the same and have a private entrance. The Day Care Center should not generate any more traffic or noise than the club did. Mr. Steve O'Neill, from the YMCA, said the YMCA does not want the entrance changed either. Mr. McCann questioned what the conditions for the entrance were. 19 Mrs. Kimsey said the staff would recommend the approval of the Virginia Department of Highways and Transportation. The discussion was closed to the uublic. Mr. Dan Roosevelt of the Virginia Department of Highways and Transportation said that the Highway Department does not feel it has authority to change the entrance. However, the Department does not intervene until accident data shows the entrance improvements are necessary. The Department can not show it is dangerous. I_4/ Mr. Roosevelt did not feel that improving the entrance by widening and putting in the deceleration lane would add to the traffic; the deceleration lane would help cars to get out of the flow of traffic. Mr. Payne stated that the Highway Department does have the authority to require what is necessary for safety. Mr. Payne further recommended that the Commission follow the recommendations of the Highway Department. Mrs. Diehl agreed and said she felt that the entrance recommendations and deceleration lane were necessary. Mr. McCann agreed with the applicant. With a speed limit of thirty-five mph, in a residential neighborhood, the requirement is unnecessary. There was further discussion of the entrance requirements. Mr. Payne suggested that if very much was done with the land, the applicant may run into trouble with the Stormwater Detention Ordinance. There was a discussion of the possibility of draining the lake and the uses for that area. Mr. Payne said ithe applicant would have to come back to the County, only if he increased runoff, or was building on the lake area. Mr. Payne suggested that there should be a note on the plat that all parcels would have access only on Four Seasons Drive. Mrs.Diehl made a motion for approval subject to the following conditions: 1. This plat will not be signed until the following conditions are met: a. All title owners' signatures notarized; b. Compliance with the private road provision, including: 1. County Engineer approval of the road; 2. County Attorney approval of the maintenance agreement; C. Comply with Section 15.1-482 of the Virginia Code; d. Virginia Department of Highways & Transportation commercial entrance with deceleration lane approval; e. Note on the plat: that all parcels shall use the internal road only. The motion was seconded by Mr. Davis. There was discussion of the motion - Mr. Vest disagreed with the entrance require- ments. Mr. Skove agreed with Mrs. Diehl. When a vote was taken it was 3-3, with Mr. Vest, Mr. McCann and Mr. Davis dissenting. Mr. McCann made a motion for approval without condition d. Mr. Vest seconded the motion. Again the vote was 3-3, with Mrs. Diehl, Mr. Skove, and Col. Washington dissenting. Mr. Gouldman requested that the Commission reconsider, even putting in the changed entrance and deceleration lane. Mr. Johnson said they were just trying to cooperate with the residents. Mr. Vest made a motion to reconsider. Mr. Skove seconded the motion. Mrs. Diehl made a motion that the application be approved subject to: 1. This plat will not be signed until the following conditions are met: a. All title owners' signatures notarized; b. Compliance with the private road provision, including: 1. County Engineer approval of the road; 2. County Attorney approval of the maintenance agreement; C. Comply with Section 15.1-482 of the Virginia Code; d. Virginia Department of Highways & Transportation commercial entrance with deceleration lane approval; e. Note on the plat: that all parcels shall use the internal road only. Mr. Davis seconded the motion. When the vote was taken, it was 4-1, with Mr. McCann dissenting. WINDRIFT - Section Three PRELIMINARY PLAT Located off the west side of Route 664, three (3) miles northwest of Earlysville. Property is described as Tax Map 18, Parcel 19 (part of) in the White Hall District. Applicant is requesting a division of 30 lots with an average size of 3.5 acres, with access on Windrift Drive through Section Two. Residue is 69 acres. Mrs. Kimsey gave the staff report. Mr. Mitchell Toms, speaking for Dr. Charles Helm, president of the corporation, stated that the Highway Department requirements were excessive and they did not feel all of this was necessary. Dr. Helm, president of the Elk Run Corporation, said they were concerned about 14 the 60 foot (in height) buffer required, that this would be dangerous. He felt this was a tremendous containment of water and the additional height precludes a good portion of design of the property. The public discussion was closed. Col. Washington inquired if there was a tendency to consider a residential planned neighborhood and was told that there was not this tendency. Mr. McCann asked about the status of the Buck Mountain Reservoir. Mr. Payne said that so far a study had shown there are two places for impoundment. A geologic survey is being done, which is scheduled to be completed in two years. Dr. Helm said they are requesting that they be allowed to use the three lots in the pink area shown on the Buck Mountain Reservoir preliminary map. Mr. Payne said that structures and septic systems are to be kept out of this area. Mr. Tom Gale stated that the buffer area as the common area wouldn't work. Houses and septic tanks are not included in the buffer area. He said it: might be difficult to keep the septic system totally out of the buffer area. Col. Washington said that under ordinary circumstances (the reservoir is vague at this point) he did not have any difficulty saying keep out of this pink area. Mr. Payne said the blue area would be condemned, and the pink area would be condemned, with an easement. It might be more desirable to lose a lot and have a better lot. Mr. McCann inquired what the Commission could legally do on the watershed impoundment for Buck Mountain Reservoir. Mr. Payne said that the ordinance speaks to reserving areas shown in the Comprehensive Plan for public use. Mr. Toms said the area is designed for five acre lots to keep the country effect. Col. Washington said the purpose of the sixty foot buffer is to protect the area from buildings, septic systems, and ancillary uses. He said the Commissions first obligation is to look out for County interest'in the impoundment area. After further discussion, the Commission felt they would like to know more about the impoundment area, and they were not ready to vote on this plat. Mr. Davis moved that this item be deferred to June 24th. Mr. Skove seconded the motion. It was unanimously agreed to defer. Mr. McCann left the meeting. BRIARWOOD SECTION I FINAL PLAT Mrs. Kimsey presented the staff report. Mr. Roosevelt said that the profiles and traffic plan had just been received at the Highway Department office Kay 19,1980.Grades on entrance conditions from Route 29 would require a waiver of standards, which would require going to the Culpeper office for approval. Mr. Wood, the applicant, stated that they were experiencing continual delays,and that the building season is going by.. They are trying to do this in phases. Mr. McKee said he thought the staff report would be modified, after the meeting he had had. He felt if they could not build a 10% grade into the project for the road, the sewer line would be laid bare. They must have a variance for the entrance onto Route 29. Mr. Wood said the contractors were all ready to bid, the roadwork expires on Friday of this week. Public discussion was closed. Mr. Roosevelt felt the Highway Department was given too little time and needed more time to talk to the Culpeper office and also to the applicant. Mrs. Diehl felt more time was needed on the item also. Mrs. Diehl moved that the item be deferred to June 24th Mr. Skove seconded the motion. The vote to defer to June 24th was unanimous. 1s -z_ TERRELL PRELIMINARY PLAT Located on the west side of Georgetown Road, just north of Old Forge Road. Property is described as Tax Map 60 and 60B, Parcel 70 and 1C in the Jack Jouett District. A request to divide fifty-eight acres into twenty-eight (28) lots and fourteen (14) acres to seven (7) lots. Mrs. Kimsey presented the staff report. Mr. Lee the applicant, stated that the topography is terrible, with one retention pond. An access into Mr. Robinson's property would not be feasible because of the slope. Mr. Robinson, an adjacent property owner, read a letter he had written to the Planning Department requesting that some provision be made for access into his property and that the 10 acres at the rear of his site not be landlocked. Mr. Lee said it puzzles him to be asked to give an easement when Mr. Robinson does have access elsewhere. Also in the area he is asking for an easement, there is a drop of one hundred feet Also lie said Mr. Robinson didn't even ask him. Col. Washington asked how it was that the 10 acres didn't have access from the other seventy-one acres. Mr. Robinson said that the other wasn't all that accessible, he bought thirty feet and later thirty-five feet, but with adjacent owners, only had twenty feet left. Montview roads are not in secondary system, so a subdivision can't be put in. The discussion was closed to the public. Col. Washington said the Commission is sensitive to proper access being left for subdivisions, but: he is not familiar with supplying this to an adjacent owner. Mr. Payne and Mr. Robinson were discussing the correctness of Mr. Robinson's map. Mr. Payne felt that Mr. Robinson's map was wrong. Col. Washington said the Commission would give consideration to any agreement between Mr. Lee and Mr. Robinson. After further discussion, Mr. Vest moved for the approval of the plat, subject to the following conditions: 1. The following conditions will be recommended for final plat approval: a. Albemarle County Service Authority approval of the water plans; b. Virginia Department of Highways & Transportation commercial entrance approval with the left and right turn lanes; C. Dedication of 25 feet from the center line to the property line along Georgetown Road; d. Virginia Department of Highways & Transportation and County Engineer approval of road plans to be accepted in the State System; e. County Engineer approval of sidewalks along Georgetown Road; f. Fire Official approval of hydrant locations and fire flow of 750 gpm.; g. Show stream setbacks. The motion was seconded by Mrs. Diehl. The motion carried unanimously. 9 /S-3 DOUGLAS JENSEN FINAL PLAT Located off the Northside of Route 708, west of Woodridge. Property described as Tax Map 115, Parcel 5 in the Scottsville District. A request to divide two (2) lots; each 57.41 acres. The staff report was given by Mrs. Kimsey. The applicant, Douglas Jensen, stated that the road was roughly a mile long. He and Mr. Chisolm are entering into a maintenance agreement, and are asking for a waiver of the requirements. The meeting was closed to public discussion. Mr. Jensen said that Mr. Chisholm had signed an agreement to have his place timbered, toward Carters Bridge, which would be hard on the road. Mr. Skove said he had no problem with waiving the conditions; then he made a motion for approval subject to the following condition: 1. This plat will not be signed until the following conditions are met: a. County Attorney approval of the maintenance agreement. Mrs. Diehl seconded the motion. The motion was unanimously approved. MEL DIXON FINAL PLAT Located on the south side of Route 605, east of Route 604, and north of North Rivanna River. Property is described as Tax Map 20, Parcel 5A in the Rivanna District. Applicant is requesting a division of 79.7 acres into two (2) lots with acreage of 20.00 and 59.706 leaving 43+ acres as residue. Mrs. Kimsey gave the staff report. The applicant had no objection to the conditions; he questioned whether it was necessary to have the dedication of a right-of-way. The public discussion was closed. Mrs. Diehl moved for the approval of the application, 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; c. Virginia Department of Highways & Transportation private entrance approval; d. Dedication of 25 feet from the center line of the road to the property. Mr. Vest seconded the motion. Unanimous approval was the vote for the request. N J. F. BELL ESTATE FINAL PLAT Located on the east side of Route 743 north of the Lockridge Subdivision. Property is described ad Tax Map 45, Parcel 34 in the Charlottesville District. Applicant is requesting a division of 9 lots with an average size of 2.72 acres. The staff report was given by Mrs. Kimsey. Mr. Tom Lincoln, representing the applicant, said that Mr. Fred Landis and two of the Bells were present, and they had no objections to the conditions. Mrs. Diehl asked a question about the soils and if there were two septic fields per lot. Mr. Lincoln said that the Health Department was very happy with the results of the soil study. Mr. Lincoln said there was no problem crossing the creek culvert. The meeting was closed to public discussion. Mr. Vest made a motion for approval subject to the following conditions: 1. This plat will not be signed until the following conditions are met: a. All title owners' signatures notarized; b. Compliance with the private road provision, including; 1. County Engineer approval of the road; 2. County Attorney approval of the maintenance agreement; C. Grading Permit; d. Virginia Department of Highways & Transportation commercial entrance and sight distance approval. Mr. Skove seconded the motion. The vote was unanimous for approval EDWARD JOHNSON FINAL PLAT Located on the east side of Route 744, north of I-64. Property is described as Tax Map 80, Parcel 60 in the Rivanna District. Applicant is requesting a one (1) lot division of two (2) acres leaving_ a residue of 8.057 acres. Mrs. Kimsey gave the staff report. Mr. Johnson said the road had been built by the Highway Department when I-64 was built. Col. Washington said the private road entrance is required anyhow. The Highway Department would still have to approve the entrance. Mrs. Diehl ascertained that the Highway Department had been out that day, and the report was available. Mr. Vest made a motion for approval subject to the following conditions: 1. This plat will not be signed until the following conditions are met: a. Health Department approval and septic permit; b. Virginia Department of Highways & Transportation private entrance approval; 1S5 C. Compliance with the private road provision, including: 1. County Engineer approval of the road; 2. County Attorney approval of the maintenance agreement. The motion was seconded by Mr. Davis. The vote was unanimous for approval. There was no old or new business. The meeting adjourned at 11:30 P.M.