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HomeMy WebLinkAbout10 21 80 PC MinutesOctober 21, 1980 The Albemarle County Planning Commission conducted a meeting on Tuesday, October 21, 1980, 7:30 p.m., in the Board Room of the County Office Building, Charlottesville, Virginia. Those members present were: Mr. Allan Kindrick, Mr. James Skove, Mr. Charles Vest, Col. William Washington, Chairman; Mr. Corwith Davis, Jr., and Mrs. Norma Diehl, Vice -Chairman. Other officials present were: Miss Mason Caperton, Senior Planner; Miss Katherine Imhoff, Planner; and Mr. Frederick Payne, Deputy County Attorney. Col. Washington called the meeting to order after establishing a quorum was present. The minutes of October 7, 1980 were approved. LEWIS HILL III/SKIDMORE FINAL PLAT A deferral was requested by the applicant until November 18th. Mrs. Diehl made a motion for deferral. Mr. Kindrick seconded the motion. The vote was unanimous for deferral until November 18th. OLD OAK COURT TOWNHOUSES FINAL PLAT The applicant had requested that this be withdrawn. Mr. Vest made a motion to withdraw. Mr. Davis seconded the motion. The vote was unanimous for withdrawal. Miss Caperton introduced Miss Katherine L. Imhoff, the new Planner with the Department, to the Commission. OLD OAK COURT CONDOMINIUM SITE PLAN Located on Parcel 36A on Tax Map 61, Charlottesville District; located on the east side of Hydraulic Road, north of Georgetown Road, across from Albemarle High School; a proposal to locate six (6) condominium townhouse units on the 33,915 square foot parcel with a density of 7.71 units per acre. Miss Caperton gave the staff report. Mr. Roudabush, for the applicant, said they concurred with the conditions. Since there was no public comment, the meeting was closed to public discussion. Mrs. Diehl questioned if the road followed the ridge, and Miss Caperton showed her the road on the plan. Mrs. Diehl then ascertained that one section of units was in the watershed, and the other was in the stormwater detention area. Mr. Roudabush showed the area on the plan. Mrs. Diehl also ascertained that the detention ponds were too small to be fenced. In answer to Mr. Skove's questioning, Mr. Payne replied that the Subdivision Ordinance required approval of condominium documents. Mr. Skove questioned the lack of concrete sidewalks. Mr. Roudabush stated that they did not want to put in the sidewalks because of the runoff control. He said there were suitable substitutes. Mrs. Diehl questioned whether sidewalks were required in the urban area. Miss Caperton said that because of the road plan on Hydraulic Road, this would not be required now. Mrs. Diehl questioned if sidewalks were required on internal roads. Mr. Payne said that walkways were required somewhere on the site, but not necessarily adjacent to the road. Mr. Skove made a motion for approval, subject to the following conditions: 1. A building permit will be issued when the following conditions have been met: a. Note the tax map and parcel number, and the type surfacing of walkways; b. Note additional landscaping along rear property for screening from Oak Forest and screening of western -most parking area from Route 743; c. Albemarle County Service Authority approval of water and sewer plans; d. Note final contours on the plan; e. Compliance with the Runoff Control Ordinance and the Stormwater Detention requirements; f. Compliance with the Soil Erosion Ordinance; g. Virginia Department of Highways and Transportation approval of the commercial entrance; h. Note on the plan: "Open space, roads, parking areas, drainage and appurtenant structures shall be owned and maintained by a homeowners' association consisting of all owners;" 2. A Certificate of Occupancy will be issued when the following condition has been met: a. Fire Official approval of fire flow; 3. Subdivision approval for the condominium regime is required and must include the dedication of frontage in accordance with the Hydraulic Road Improvement project. The motion was seconded by Mr. Davis. The vote was unanimous for approval. 19 IR SPRIGG LANE INVESTMENT CORPORATION/THE RESEARCH GROUP, AMENDED SITE PLAN Located on Parcel 25 on Tax Map 60, Samuel Miller Magisterial District; on the north side of Route 250 West, west of the intersection of 29/250 bypass; proposal to locate an office building of 24,000 square feet of net area. Mr. Kindrick abstained and left the room. Miss Caperton gave the staff report. Mr. Dick Shank was present for the applicant. The meeting was closed to public discussion, since there was no comment from the public. Mrs. Diehl ascertained that the new structure was being built where the old house was located. Mr. Shank said it would be a two story building. Mrs. Diehl inquired about the retaining wall, if extensive grading would be done. Mr. Shank stated that the entry would be at the basement level and they would be doing some grading to achieve this. Mr. Davis made a motion for approval, subject to the following conditions: 1. A building permit will be issued when the following conditions have been met: a. Albemarle County Service Authority approval of water plans; b. Sewer hookup when service becomes available; C. Health Department approval; d. Fire Marshall approval of hydrant location and handicapped facilities; e. Compliance with the Soil Erosion Ordinance; f. Compliance with the Stormwater Detention requirements; g. Virginia Department of Highways and Transportation approval of the commercial entrance; h. Note that the Planning Commission is not approving the sign or its location at this time; i. Staff approval of a landscape plan; 2. A Certificate of Occupancy will be issued when the following condition has been met: a. Fire Official approval of fire flow. Mr. Vest seconded the motion. Mrs. Diehl ascertained that the sewer was in place and had been for three years. The vote for approval was unanimous. Mr. Kindrick re-entered the room. LEONARD BLOOM FINAL PLAT Located on a portion of parcel 27A, Tax Map 78, Rivanna District; on the north side of Route 732, south of the Auburn Hill Subdivision; proposed to divide two 2.0 acre lots, leaving 18.855 acres in residue. The Staff report was given by Miss Caperton. The applicants were present. Col. Washington ascertained that the maintenance agreement had already been approved. There was no public comment, and the meeting was closed to public discussion. Mrs. Diehl ascertained that the lot line on lot 4 was along the center of the road. Mr. Skove questioned the location of the 2=2 acre lot that had received administrative approval. Miss Caperton showed this on the plat. Mr. Vest made a motion for approval, subject to the following conditions: 1. The plat will. be signed when the following conditions have been met: a. Compliance with the private road provisions, including: (1) County Engineer approval of road specificiations; (2) All lots shall have access only on the private road; b. Virginia Department of Highways and Transportation approval of a private street commercial entrance; C. Note the stream at the northern property line; d. Note the width of Route 732 on the plat. Mr. Kindrick seconded the motion. Unanimous approval was the vote on the plat. HERMAN A BRAUMULLER, JR., FINAL PLAT Located on Parcel 24A and 19A (portion), Tax Map 27, Whitehall Magisterial District, on the northeast side of Route 674, northwest of Millington and east of Route 810. The staff report was given by Miss Caperton. The applicant had no comment to make. Col. Washington questioned the internal roads on the plat. Miss Caperton showed the roads on the plat and commented that the old right-of-way is used by the landowners on top of the mountain. Mr. Braumuller proposed to build a new road for the subdivision since the old road is not in good condition. Mrs. Diehl queried if having only one internal road had been discussed with the applicant. Miss Caperton said the road serving lots 1 and 2 is a driveway easement and the entrance to the old road is on the Clark's property (between lot 8 and the Clark property). Mrs. Diehl said she would prefer to see one entrance. Miss Caperton said only one entrance had not been discussed, because lot 1 and 2 basically have a driveway. In answer to Mr. Skove's query, Miss Caperton measured the road and said it was about one half mile long. Col.Washington asked if there were a note on the plat for "No further subdivision.." 3(D Miss Caperton said there was not. Mrs. Diehl asked if there were any changes in the lot lines after receiving the Health Department and soil scientist's reports. Miss Caperton said there might have been before the plat was submitted. Mr. Skove said he noticed there were only 44 vehicle trips per day and the road was listed as non -tolerable. Mr. Payne said this was because it is unpaved. The meeting was closed to public discussion. Mr. Skove commented that these type of roads do cause problems, and one of the problems was the difficulty with getting fire fighting equipment to fires, particularly since this was in a more dangerous area close to the woods. Mrs. Diehl was concerned about the road, because of the potential for development in the area to use the road. Miss Caperton said that if the private road ordinance was still in effect, if further divisions were requested, the applicant would have to comply with improvements required by the ordinance. Mr. Skove made a motion for approval, subject to the following conditions: 1. The plat will be signed when the following conditions have been met: a. Compliance with the private road provisions, including: (1) County Engineer approval of road specifications; (2) County Attorney approval of maintenance agreement; b. Virginia Department of Highways and Transportation approval of private street commercial entrance and the private entrance for lots 1 and 2; C. Note on the plat: "No further division without Planning Commission approval;" 2. Waiver of double frontage granted for lots 7 and 8. The motion was seconded by Mr. Vest. The vote was unanimous for approval. MARIO SCARPA/ERIC SWIFT FINAL PLAT Located on a portion of parcel 56, Tax Map 7, White Hall District; off the north side of Route 810, east of Boonesville; proposed to divide a 20+ acre parcel leaving 30+ acre residue. The staff report was given by Miss Caperton. The applicant said he had tried to meet the requirements the best he could. There was no public comment, and the meeting was closed to public discussion. Col. Washington reminded the Commission that three years ago Terry O'Donnell had already built his house when the Commission received the applicant from him for a division from the Scarpa property. He questioned the applicant on whether he had started building and was told he had not. Z�� Mr. Payne, at Col. Washington's request, recapped the Terry O'Donnell plat application. Mr. Payne said that in that case the applicant had already built the house, doing the building himself. The Commission's position had been that since the house was an accomplished fact, that it be permitted, and there was no maintenance agreement and no physical improvements required for the road. Col. Washington said there were two problems: the private road and the entrance onto Route 810. And both of these were non -tolerable. Mrs. Diehl was concerned about the potential for many more homes on this road. Miss Caperton said the entrance could possibly be improved by trimming and regrading of Route 810, but this would be an expensive undertaking. Col. Washington said that if the private road requirements were required on the plat and the applicant asked for relief because they could not get a maintenance agreement, the applicant would come back and he said he was reluctant to keep doing this. Mrs. Diehl felt that at the preliminary plat stage that requirements should be put on the plat and then see what can be worked out. She was particularly interested in the sight distance. When Miss Caperton suggested trimming, Messrs. Vest and Kindrick said they did not see what the applicant could do. It was suggested that a maintenance agreement could be required, even if only one person signed it. There was further discussion of the road and the maintenance agreement. Mr. Payne said in his opinion, a maintenance agreement could be required only of the people in the subdivision in question at the time. Each subdivision would 144) have to have its own maintenance agreement, and there could be quite a few agreements. Col. Washington stated that he had no problem with this plat, if it had a maintenance agreement, and felt there was no basis to waive the agreement. Mr. Davis agreed with Col. Washington. Mrs. Diehl made a motion for approval of the plat, subject to the following conditions: 1. The following conditions will be recommended for final approval: a. Health Department approval prior to Planning Commission review of the final plat; b. County Engineer approval of road specifications for an additional lot; C. County Attorney approval of a maintenance agreement; 2. Virginia Department of Highways and Transportation approval of commercial entrance requirements. Mr. Vest said he considered it unreasonable to require all of this of this applicant, with what had happened in the pat in this particular area. Mr. Davis commented that the Commission might end up having to waive the commercial entrance, but at this time, the applicant needed to see how the entrance could be improved. Mr. Vest said the staff report showed vertical and horizontal limitations on the entrance. Mrs. Diehl said she would like to see improvement in the entrance by final plat time. Miss Caperton said she was not sure the applicant would bring a final plat, if the commercial entrance and maintenance agreement were required. Mr. Skove seconded the motion. Mr. Payne said there could be a maintenance agreement between just two property owners. The vote on the motion was 4-2, with Mr. Kindrick and Mr. Vest opposing the motion. BLUE RIDGE FOREST, LOT 8 and LOTS 10-19, FINAL PLAT Located on Parcel 27 on Tax Map 30, Rivanna District, off the northwest side of Route 660, 1.5 miles southwest of Earlysville; a proposal to divide 23.31 acres into 11 lots with an average size of 2.3 acres. Mr. Payne stated that he represented a developer who owns property in Blue Ridge Forest, but he was not aware of any conflict of interest and did not disqualify himself. The staff report was given by Miss Caperton. Mr. Morris Foster, for the applicant, said that the Runoff Control Ordinance did not apply to this application. In reply to Col. Washington's questioning about the Fitzhugh property, Mr. Foster showed the area and the Fitzhugh property on the plat. Col. Keyes said he was an adjacent landowner on Lot 7. He said when the road going into the property was made and a commercial entrance was installed, the dirt was left in a mess and it was never completed. He stated that he had no opposition to this plan, he just wanted his property restored properly. He uses an old farm road for access to his property. Mr. Foster said this was an existing driveway. He said when lot 6 got a building permit the entrance was widened. When the grading was done there would be performance bonds and permits to complete this properly. It would be no problem to keep the road intact during the construction period. The meeting was closed to public discussion. Mr. Skove ascertained that the road would be built to state standards. Mr. Davis questioned the reason for waiving frontage requirements. Miss Caperton said the other lots were already approved, and the 50 foot pipestem was created. Mr. Foster stated, in answer to Mr. Davis' questioning on a pipestem, that at the time the other lots were approved, lot 8 was approved in concept and a waiver was granted at this time. The pipestem was created when lots 7 and 9 were approved. Mr. Payne stated that the way the roads were approved before the private road ordinance, there had to be a 50 foot right-of-way to have any division, and therefore, if a pipestem of less than 50 feet existed, it could not be redivided. That was why less than 50 feet was desired. Also, if an applicant came in now, the Commission would require an easement over the pipestem and construct a private road, and lots 8 or 9 would have access on the private road. The private road ordinance did not exist then, so there were some pipestems on applicant's plats to accommodate the development of back lots. J Mr. Skove made a motion for approval of the plat, subject to the following conditions: 1. The plat will be signed when the following conditions have been met: a. Compliance with the Soil Erosion Ordinance and Runoff Control Ordinance; b. Virginia Department of Highways and Transportation approval of commercial entrance; C. County Engineer and Virginia Department of Highways and Transportation approval of road plans; d. A street sign shall be provided; e. Add land north of temporary turn around to Lot 19; 2. A waiver of required road frontage on Lot 8. The motion was seconded by Mr. Vest. The vote was 5-1, with Mr. Davis dissenting. R. D. WADE/J.A. SCHWAB, JR REVISED FINAL PLAT (formerly portion of Rio Court Townhouse) AND JOHN A SCHWAB, JR. SITE PLAN Located on Parcels 139 and 140, Tax Map 61, Charlottesville District, on the southwest side of the intersection of Rio Road East and Wakefield Road. A proposal for a 17,598 square foot lot to accompany the Schwab Site Plan for 19 units (duplexes) on 2.369 acres with a density of 8 units per acre. Miss Caperton gave the staff report for both of these items. The final plat was considered first. �WWCol. Washington questioned the entrance and its effect on traffic. Miss Caperton stated that the entrance to unit one is shown in the curve of the main entrance and could potentially cause an accident. Mr. David Blankenbaker, for the applicant, said that the entrance to lot one is considered safe by the people he had consulted and the other conditions presented no problems. The meeting was closed to public comment. Mrs. Diehl questioned the difference in price between a private road and a state road. Miss Caperton said the state probably would not approve this road, since there was the problem of backing out of a parking lot. Mr. Blankenbaker showed the Commission the parking area on the plan. Col. Washington questioned the location of the sidewalks. Mr. Blankenbaker said the sidewalks were coming into the property and also close to the buildings. Miss Caperton satated in answer to Mrs. Diehl's questioning that the requirement of fire flow was requested by the fire official. Mrs. Diehl ascertained that the water line was on the other side of Route 631. Mrs. Diehl made a motion for approval, subject to the following conditions: 1. The plat will be signed when the following conditions have been met: a. Note on the plat: "Parcel B shall be served by public water and sewer;" b. Compliance with Section 15.1-481 of the Code for vacation of the previous plat. Iva) Mr. Davis seconded the motion. The vote for approval was unanimous. The John A. Schwab, Jr. Site Plan was considered by the Commission. Col. Washington questioned the sidewalks and asked Mr. Payne to review the ordinance for the Commission on sidewalks, which Mr. Payne did. Mr. Blankenbaker stated that the road would have a 3 foot shoulder, which would be graded back and seeded. There would be stoops in front of the building and sidewalks to the parking area. Mrs. Diehl said she would like to see sidewalks to the recreational area. Col. Washington felt that sidewalks were also needed to walk to public transportation. Mrs. Diehl stated that children would have to walk to Rio Road to take the school bus. Mr. Davis and Mr. Vest also felt that sidewalks were needed. Col. Washington questioned why the road was to be a private road rather than a public road. Mr. Blankenbaker said that this was because the owners wished to use private roads. Mr. Payne reminded the Commission that this was a site plan rather than a subdivision. The applicant can build the development with private roads and satisfy the site plan requirements, but if the property were to be divided, it may not meet the requirements of the Subdivision Ordinance. Col. Washington ascertained that the stockade fence was to screen from Rio Road, both for visual impact and noise. Mr. Skove made a motion for approval, subject to the following conditions: 1. Building permits will be issued when the following conditions have been met: a. Compliance with the Stormwater Detention requirements; b. Compliance with the Soil Erosion Ordinance; c. Albemarle County Service Authority approval of water and sewer plans; d. Virginia Department of Highways and Transportation approval of a commercial entrance; e. Staff approval of landscape plans; f. A stockade type fence along the frontage. on Rio Road shall be provided to be approved by the Staff; g. Note the parking spaces on the plan; h. Revise the plan to include the following technical information: (1) Owners and zoning of adjacent tracts; (2) Right-of-way width for Rio Road; (3) Building and lot coverage; (4) Change the title to read: "Proposed Single Family Attached Housing;" (5) Change the note on the Homeowners Association to read: Common areas, roads, recreational equipment, drainage and appurtent structures are to be owned and maintained by a Homeowners' Association consisting of all lot owners; i.Show sidewalks on plan both sides of road entering from Rio of lateral road. j.Road plans to be approved by Virginia Department of Highways 2. Certificates of Occupancy will be issued when the following been met: a. Fire Official approval of fire flow; b. Staff approval of recreational equipment. Mrs. Diehl seconded the motion. The vote was unanimous for approval. CROZET TEMPORARY PACKAGE TREATMENT PLANT SITE PLAN The applicant had requested deferral until November 18th. Mrs. Diehl made a motion for deferral. Mr. Vest seconded the motion. Unanimous was the vote for deferral. Road and one side and Transportation; conditions have FERDINARD AND JUDITH BAZIN, LOTS 1-8, FINAL PLAT (revised 10/21/80 Located on Parcel 19A(1) on Tax Map 18, White Hall District, on the northwest side of a private road off the end of Route 666, south of Route 664, northwest of Earlysville. A proposal to divide the 41.5 acres into 8 lots with an average lot size of 5.17 acres with a range in lot size from 2.07 to 14.16 acres. Miss Caperton gave the staff report. Mrs. Judith Bazin stated that she and her husband had purchased the land for a country home and for investment purposes. They had tried to maintain open space and were not trying to create a major subdivision in farmland area, and she showed the tax map. They had encountered opposition from the neighborhood and before any more investment was made, they wanted to get the approval of the Planning Commission. The traffic on Route 666 was a major concern and they went to the Highway Department and studied the traffic count and accident record, etc. She passed out the statistics on accidents to the Commission. There have been no accidents on Route 666 and this subdivision would not be creating a dangerous situation. She and Mr. Ray had worked with the Planners and felt that this subdivision should be approved. Mr. Steven Evanusa and his wife, Mrs. Margaret Evanusa, adjacent property owners were both present. Mr. Evanusa speaking for he and his wife, stated that they were both opposed to the subdivision. He further stated that the property had been offered to them for purchase, but they were not interested because they did not consider it suitable for development. They felt the soil was unfavorable for development. Mr. Evanusa said he had been told that he owned part of the road and if this were true, then he did not want to be held liable for accidents on the road. He further stated that with the setbacks required, there would only be about two good building sites. He also commented that he had inquired of the Highway Department when they intended to repave Route 666 and was told it would be at least 6 or 8 years. Mr. C. 0. Mooney who lives down the private road commented that there was a two year moritorium on development for this area. Col. Washington answered that the moritorium was in effect while a study of the prospective reservoir is being conducted. It did not include a wide area, only the assumed impoundment and the assumed buffer area. He questioned Miss Caperton on the amount of this plat that is in the buffer area. Miss Caperton showed this on the plat and said it affected 3 lots and each of the three had area outside of the buffer to build. Mr. Evanusa told of his moving from Fairfax and what had happer-ed there with development and with buffer areas. Dr. Harry Wellons said there was extensive subdivision in the area: 500 acres in Hickory Ridge, strip development on Route 666, and now this development. He said he was not speaking against the development and was not opposed per se. This development was right across the road from his property. He objected to the plan, about the interior roads in the property, that Route 666 was intolerable and more of a hazard because of increased traffic, than because of speed. Also he was worried about his liability in the case of accidents since he owns part of the private road. He questioned whether the developers had adequate right-of-way to develop the road. The property line runs to the center line of the road. He was concerned about the fence on his property and wondered if the road would infringe on this area. Mr. Ray asserted that the fence on Dr. Wellons property would not be disturbed; the road was to be graded away from the fence. After the Board of Supervisors meeting, they had tried to work out an alternate plan with the county planners, but there was no other plan to make use of these building sites. The meeting was closed to public discussion. Col. Washington cited that this plat showed dedication that went beyond the state maintenance. Mr. Payne said this was not unusual. Col. Washington said that on the series of lots it showed the easement from the center of the road to be 30 feet, so this plat makes it 35 feet. Mr. Ray said that the full 30 feet was on the Bazin property to take care of any question of easement. Col. Washington ascertained that the Bazin home is to be built on a 14 acre parcel. He questioned Mrs. Bazin on why she wanted to develop in 2 acre lots when her home was on a 14 acre parcel. Mrs. Bazin asserted that they did not consider 2 acres terribly small, particularly at the price they would have to charge for the lots. Mr. Evanusa was concerned about the accidents on the road. Col. Washington said the Commission had not considered the question of liability before. Mr. Evanusa added the fact that people use the road near his home for parking, a lover's lane, and this made this area even more dangerous. Col. Washington said that the state classification of roads was not tied to safety, but was more a matter of maintenance. Mr. Davis said he would like to see the whole area around in the vicinity of this plat. Col. Washington said he did not see the advantage of interior roads. Mrs. Diehl ascertained that there was not a joint drive between lots 5 and 6. Mr. Davis ascertained there were four entrances. Mrs. Diehl questioned why the Health Department approval had not been obtained. Mr. Ray stated that there was so much opposition to the subdivision, the applicant wanted to avoid the expense, until after the Planning Commission action. Mrs. Bazin said the results of the tests would determine the use of the subdivision. Mr. Kindrick made a motion for approval, subject to the following conditions: 1. The plat will be signed when the following conditions have been met: a. Compliance with the Soil Erosion and Runoff Control Ordinances; b. Compliance with the private road provisions, including: (1) County Engineer approval of specificiations for Snail Run and the existing private road; (2) County Attorney approval of a maintenance agreement on Snail Run and the existing private road; C. Health Department approval; d. Compliance with Section 15.1.482 of the Code for vacation of the previous plat; e. Provide for a full 30 foot easement on this property, if necessary. The motion was seconded by Mr. Skove. Mr. Skove said the Board of Supervisors sent this back for consideration of the points in the staff comments and it still was virtually the same. Miss Caperton said that one lot had been deleted because of the Buck Mountain buffer zone. The vote was 4-1-1, with Mrs. Diehl abstaining, and Mr. Davis opposing. The meeting adjourned at 11:10 p.m. t W. Tucker, Jr., Se Vetary �8