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HomeMy WebLinkAbout09 21 82 PC MinutesM En September 21, 1982 The Albemarle County Planning Commission conducted a public hearing on Tuesday, September 21, 1982, 7:30 p.m., Meeting Room #6, Second Floor, County office Building, 401 McIntire Road, Charlottesville, Virginia. Those members present were Mrs. Norma Diehl, Chairman, Mr. David Bowerman, Vice-Chariman, Mr. Richard Cogan, Mr. Allen Kindrick, Mr. Tim Michel, Mr. James R. Skove, and Mr. Corwith Davis, Jr.. other officials present were Ms. Ellen V. Nash, ex-officio, Mr. Frederick W. Payne, Deputy County Attorney, Ms. Mason Caperton, Senior Planner and Ms. Katherine L. Imhoff, Planner. After establishing that a quorum was present, Mrs. Diehl called the meeting to order. The minutes of February 9, 1982 and April 20, 1982 were approved as submitted. River Heights Hotel and office Center Site Plan - Request for Extension - Request to extend previously approved site plan for River Heights project, a 250-room hotel and 100,000 square foot office building. Charlottesville Magisterial District. (Tax Map 45, portions of parcels 68D (1) , 16D (2) and 68D (3)) . Ms. Imhoff presented the staff report. Mrs. Diehl asked if the applicant had any comment. Wood stated that the soil erosion bond for North Pines (referred to in the staff report) will be taken care of. He asked that the Commission not require the language of the letter of credit bond to be changed. He noted that this bond is drawn on Manufactuers Hanover Trust Bank, New York. He noted that this bank has stated that their bonds are accepted world wide, and questioned the need to change their wording. Mr. Wood asked the Commission to act favorably on their request, and stated that he would respond to any questions or concerns the Commission may have. Mrs. Diehl ascertained that Mr. Wood, with the exception of the language of the letter of credit, has no objections to the recommended conditions of approval for this extension. 3z � With no comment from the public, Mrs. Diehl stated that this matter was before the Commission. IWO Mrs. Diehl asked Mr. Payne if the problems with the letter of credit bond could be taken care of by October 5. Mr. Payne stated that there are a number of clerical errors in the letter of credit which will have to be corrected. He also noted that this letter of credit does not address one of the projects. He stated that if the bank is willing to cooperate, the above noted concerns could be taken care of in a matter of days. Mr. Payne explained that there has been a change in the accepted form for letters of credit. He noted that Mr. Wood's attorney will be sent a letter outlining their objections to the letter of credit. He also pointed out that a copy of the accepted form for letter of credit will be sent to Mr. Wood's attorney. Mr. Michel questioned the Highway Department's recommendation that a date be set for completion of the highway frontage improvements and stormwater drainage improvements. Ms. Imhoff stated that the Highway Department needs to know when the applicant is planning to put in curb and gutter and the necessary road improvements. She pointed out that staff is not recommending this as a condition of approval because the Highway Department can handle this when the applicant applies for an extension of his entrance permit. Mr. Davis asked if there are any legal guidelines that the Commission can follow when linking approval of one project to the compliance of conditions of a separate project. Mr. Payne stated that if the Commission finds that there is an identifiable problem or a set pattern in a project where the key figure is a person or group of people, they may consider that the Problem does exist. Mr. Davis asked Mr. Wood if a six month extension would allow him ample time to address all his needs. Mr. Wood stated that obviously a longer extension would be beneficial, noting that he could not say because of economics, etc. that six months would be sufficient. Mr. Tom Trevillian, Engineer, stated that the erosion control plan and bond should be submitted by October 5, 1982. He noted that this is a change from the original date of September 22, 1982, because Mr. Wood has obtained an engineer to prepare this report. 32- Mr. Skove moved for approval of this request subject to the following conditions: 1. Mr. Wood must amend the language of the letter of credit bond to the satisfaction of the Albemarle County Attorney's office; 2. An adequate soil erosion plan must be submitted to the County Engineer for the North Pines, Phase II Subdivision. Mr. Payne stated that it should be included in the motion that the above -noted conditions must be complied with by 5:00 p.m., October 5, 1982. Mr. Skove included the above -noted recommendation in his motion for approval. Mr. Cogan seconded the motion, which carried unanimously. The Commission granted a six (6) month extension of the site plan which will expire April 8, 1983. Forest Lodge Final Plat - located on the east side of Route 631 South, south of Charlottesville; proposal to divide one 40 acre parcel + leaving 214+ acres in residue. Scottsville Magisterial District. (Tax Map 90, portion of parcel 6.) Deferred from August 24, 1982. Ms. Caperton presented the staff report. Mrs. Diehl asked if the applicant had any comment. Mr. Tom Sinclair, representing the applicant, stated that the lot lines, for this particular tract, were determined by the natural features of the land (i.e. eastern boundary by swales, southern boundary by bottom land, etc.). He noted that they prefer not to divide the property to the center of the roadway because this would take 22 acres away from the main tract of property and the lot lines would not reflect the natural features of the property. Mr. Sinclair asked that the Commission approve this final plat subject to approval by the County Engineer and the Health Department. He also asked that the Commission waive the requirement that the property line be located at the center line of the existing 60 foot right-of-way and waive compliance with Section 18-29 and 18-15 of the Subdivision Ordinance. With no comment from the public, Mrs. Diehl stated that this matter was before the Commission. is Mrs. Diehl noted that the Planning staff is recommending denial of this plat based on the lack of sufficient information. Mr. Cogan stated that the Commission has established a policy regarding plans submitted with insufficient information (denial of the request or deferral until the proper information is submitted). He noted that he is unwilling to make an exception in this case. Mr. Skove stated that he could support a motion for deferral of the plat. Mrs. Diehl noted that the Commission has been requesting that waivers be submitted in writing. She also noted that the County Engineer has not approved the private road nor has the Health Department comments been received. Mr. Davis stated that he could support a motion for deferral based on the need for waivers to be submitted in writing, but noted that he did not feel a forty acre lot could be considered an an odd - shaped lot. Mr. Michel ascertained that this is a private road serving UVA Polo Club and Forest Lodge. Ms. Caperton explained that the Highway Department reviewed the entrance, turnlane, etc. for this property when the UVA Polo Club was under review by the Planning Commission. Ms. Caperton noted that if the Commission chooses to defer this plat it can be rescheduled for review on October 26, 1982. She also noted that the applicant would have to agree to the deferral. Mrs. Diehl asked if the applicant would be willing to agree to the deferral of this plat until October 26, 1982. Mrs. Minor, the applicant, stated that she would agree to this deferral. Mr. Skove moved for deferral of this final plat until October 26, 1982. Mr. Bowerman seconded the motion, which carried unanimously. jZ.? Ron Lewis Final Plat - located on the west side of Route 693, north of Route 695 and south of Batesville; a proposal to divide a 2.006 acre lot leaving 52.28 acres in residue. Samuel Miller Magisterial District. (Tax Map 85, parcel 13). Ms. Imhoff presented the staff report. Mr. Payne stated that the Commission does not need to waive Section 18-2 of the Subdivision ordinance as this is a definitional division rather than a regulatory division. He pointed out that this section of the ordinance deals with the definition of a subdivision. He noted that the Board of Zoning Appeals granted relief from Section 10.4 of the Zoning Ordinance which requires a minimum of 250' of road frontage. Mr. Lewis pointed out the location for the house and noted that there is adequate sight distance. He noted that the existing entrance is relatively flat and stated that the present owner will continue to use this entrance. He noted that for reasons of economy he has requested a waiver of the road frontage requirement and intends to build a private entrance and driveway. With no comment from the public, Mrs. Diehl stated that this matter was before the Commission. Ms. Imhoff pointed out that the Planning staff recommended a joint entrance in order to limit the number of entrances on Rt. 693. Mr. Davis ascertained that the Highway Department cannot prevent the present owner from using the existing entrance, but noted that they could deny the second entrance. Ms. Imhoff pointed out that the limits of the floodplain have to be shown on the plat as required by the Subdivision Ordinance. Mr. Davis moved for approval of this final plat subject to the following condition: 1. The plat can be signed when the following condition has been met by the applicant: a. Note limits of floodplain. Mr. Kindrick seconded the motion, which carried unanimously. 09 River's Edge, Lots A and B, Final Plat - located on the east side Route 29, south of the Rivanna River and southeast of Camelot Subdivision; proposal to divide a 4.81 acre parcel leaving 27.71 acres in residue. Rivanna Magisterial District. (Tax Map 32, Parcel 5A). Ms. Imhoff presented the staff report. Mrs. Diehl asked if the applicant had any comment. Mr. Tom Gale, representing the applicant, stated that there is some question as to whether the Highway Department can require a 200' long and 200' wide taper as recommended in condition l.c.. He noted the location of the property, pointing out that there is a 30' drop in the location for the proposed taper lane. He also noted that to require this taper lane would be an economic hardship. Mr. Gale stated that he would respond to any questions or concerns the Commission may have. Mr. Larry McElwain, also representing the applicant, stated that Mr. Hyman has lived on this property for thirty years. He noted that the front portion of this property was condemended by the Highway Department for improvements to Rt. 29. He stated that a decel lane is not feasible given the size of the project. He asked that the Commission approve this plat and not require the decel lane as recommended by the Highway Department. Mr. Elliot Hyman, the applicant, stated that the back parcel of land (Parcel B) is being sold to one individual, noting that he has no intention for further subdivision of this property. With no comment from the public, Mrs. Diehl stated that this matter was before the Commission. Mrs. Diehl ascertained that the Highway Department will require a commercial entrance with a deceleration lane 12' wide, 200' long and with a 200' taper, therefore, the Planning Commission has no authority to waive this requirement. Ms. Imhoff pointed out that the Highway Department will require this commercial entrance because of traffic generated from the site. Mr. Hyman reiterated that he feels it will be an economic hardship on him if the Commission requires this commercial entrance. Mrs. Diehl stated that she could appreciate the position of the applicant, and pointed out that he could appeal the Highway Department's requirement to the Highway Department's Regional Office. -�3/ " Mr. Davis stated that condition l.c. could read as follows: • Virginia Department of Highways & Transportation approval of commercial entrance. He pointed out that if the condition was worded in this manner and the applicant received a waiver of the 121wide deceleration lane, 200'long and 200' wide taper, this would not have to be reviewed again by the Planning Commission. Mr. Kindrick stated that he felt the Highway Department should be receptive of the fact that this problem with the entrance was created by them, noting that this division is not increasing the traffic flow. Mr. Davis moved for approval of this final plat subject to the following conditions: 1. The plat can be signed when the following conditions have been met by the applicant: a. Note building setback lines; b. Provide a survey of the entire easement on Lot A; C. Virginia Department of Highways & Transportation approval of a commercial entrance; d. County Engineer approval of final drainage plan; e. Compliance with the Soil Erosion & Sedimentation Control Ordinance, if necessary; f. Compliance with the private road provisions including County Attorney approval of a maintenance agreement. Mr. Michel seconded the motion, which carried unanimously. Kingdom Hall Final Plat - located on the north side of Route 6, across from St. Anne's Rectory; proposal to create a two -acre lot leaving approximately 190 acres in residue. Scottsville Magisterial District. (Tax Map 130, Parcel 25.) Ms. Imhoff presented the staff report noting that adjacent property owners have not been notified and that this plat was not reviewed by the Site Review Committee. She noted however, that comments and approvals had been received for the Jehovah's Witnesses Church Site Plan, and the same comments were felt to apply to the Kingdom Hall Final Plat. Mr. Payne stated that there has been an informal policy to notify adjacent owners of subdivisions, but noted that this is not a requirement of the Subdivision Ordinance. With no comment from the public, Mrs. Diehl stated that this matter is before the Commission. Mr. Michel moved for approval of this final plat subject to the following condition: 1. The plat can be signed when the following condition has been met by the applicant: a. Pay $15.00 final plat fee. Mr. Cogan seconded the motion, which carried unanimously. Jehovah's Witnesses Church Site Plan - located on the north side of Route 6, across from St. Anne's Rectory and northwest of the Town of Scottsville; proposal to locate a 2,800 square foot church on a 2.0 acre site. Scottsville Magisterial District. (Tax Map 130, portion of parcel 25). Ms. Imhoff presented the staff report. Mr. Tom Trevillian, Engineer, stated that plans for runoff control and soil erosion were submitted late this afternoon, and pointed out that he has not had sufficient time to review these. He noted that prime and double seal surface treatment of the entrance road would aid in the proper drainage of the site. Mrs. Diehl asked if the applicant had any comment. Mr. Giltinen, representing the applicant, asked the Commission to approve this site plan subject to County Engineer approval of the soil erosion plan. Mrs. Diehl ascertained that the church is scheduled to be built by October 31, 1982. With no comment from the public, Mrs. Diehl stated that this matter was before the Commission. Mr. Davis asked if this item could be rescheduled for review on September 28. Ms. Imhoff pointed out that the agendas for the following meetings are long but stated that this could be added to the September 28 agenda if the Commission so chooses. Mr. Powell, the applicant, stated that if the Commission chooses to defer this site plan, he would like it rescheduled for September 28, 1982. Mr. Trevillian stated that he would like the opportunity to review the runoff control calcualtions before he makes a final recommendation. Mr. Powell noted for the benefit of the Commission, that they are planning to clean the underbrush, leaving the area "park like" in the wooded areas. -�33 Mr. Trevillian stated that there is some impact on runoff when this underbrush is removed, but noted that this will be considered in his recommendation. Mr. Davis moved for deferral of this site plan to September 28, 1982. (Note: This site plan was deferred in order to allow the applicant time to obtain County Engineer approval of the runoff control provisions and drainage plan prior to Planning Commission review of the site plan). Mr. Kindrick seconded the motion, which carried unanimously. John A. Payne Final Plat - located in Earlysville Village area, off the northeast side of Ridgemont Road, east of Route 743; proposal to divide a 2.0 acre parcel leaving 8.0 acres in residue. Rivanna Magisterial District. (Tax Map 31, portion of parcel 48). Ms. Caperton presented the staff report. Ms. Caperton noted that the Subdivision ordinance states that a lot served by a private road can only have one dwelling unit without Planning Commission approval of additional units. Mrs. Diehl asked if the applicant had any comment. Mr. Frank Gregg, representing the applicant, stated that there is an existing highway commercial entrance which will only require the removal of loose gravel. Ms. Caperton stated that this is a requirement of the Highway Department. Mr. Payne stated that he believes the Highway Department has changed their policy on when they can require a commercial entrance. With no comment from the public, Mrs. Diehl stated that this matter was before the Commission. Mr. Michel moved for approval of this final plat subject to the following conditions: 1. The plat will be signed when the following conditions have been met by the applicant: a. Compliance with the private road provisions, including: 1. County Engineer approval of the road specifications for a total of five dwelling units. 2. County Attorney approval of the maintenance agreement. M b. Virginia Department of Highways & Transportation approval of a private street commercial entrance; C. Note the following on the plat: "No further division without Planning Commission approval," and "The 2.0 acre lot and the residue shall have access only on the new 20 foot easement." d. Compliance with the Soil Erosion Ordinance. e. Provide evidence that a 30,000 square foot building site exists on the 2.0 acre parcel. 2. Any further request for building permits or subdivision must be considered by the Planning Commission due to the use of the private road. Mr. Bowerman seconded the motion. DISCUSSION• Mr. Cogan noted for the benefit of the applicant's representative that the Commision would like the 30,000 square foot building site shown on the plan. Mr. Payne noted that surveyors generally submit two copies of the plan, one for recordation, and one plan showing technical information. Mr. Kindrick ascertained that the existing entrance to this property will not be abandoned as the adjacent properties use this entrance. Ms. Caperton pointed out that condition l.c. requires that the 2.0 acre lot and the residue shall have access only on the new 20 foot easement. THE AFOREMENTIONED MOTION CARRIED UNANIMOUSLY. Larry D. Snead Final Plat - located off the east side of Route 784, north of Stony Point and Route 20; a proposal to divide two 2.5 acre lots leaving 43.8 acres in residue. Rivanna Magisterial District. (Tax Map 48, parcel 6). REQUESTS DEFERRAL TO OCTOBER 26. Mr. Davis moved to accept the applicant's request for deferral to October 26, 1982. Mr. Bowerman seconded the motion, which carried unanimously. Rappahannock Electric Power Substation Site Plan - located on west side of Roue 29 North, north and adjacent to the General Electric plant at Piney Mountain; proposal to locate an electrical power substation for cooperative use on 1.875 acres, the remaining acreage is retained �3S cm by General Electric. Rivanna Magisterial District. (Tax Map 21, portion of parcel 12). REQUESTS DEFERRAL UNTIL OCTOBER 26, 1982. Mr. Davis moved to accept the applicant's request for deferral to October 26, 1982. Mr. Bowerman seconded the motion, which carried unanimously. Charlottesville -Albemarle Rescue Squad/Berkmar Drive - Request to amend Condition #13 of the Seminole Trail Volunteer Fire Department and the Charlottesville -Albemarle Rescue Squad Site Plan approval. Charlottesville Magisterial District. Ms. Caperton presented the staff report. Mrs. Diehl asked if the applicant had any comment. Mr. Larry Claytor, President of the. Charlottesville Rescue Squad, stated that the fourteen foot (14') emergency roadway would not be open for public use as the intent of the roadway is for emergency access. He pointed out that the location of the emergency roadway is not beneficial to the rescue squad as they would have to go through the Fire Department site in order to get to this road. He also noted that to require this roadway would put a financial burden on the rescue squad. Mr. Bob Jaspins, Captain of Rescue Squad, noted that when their site plan was originally submitted, the residents of Berkeley and Four Seasons were opposed to any type of roadway that would allow access into the subdivsion. He pointed out that in light of the two flooding instances that have occured concerning the people of the Berkeley Community, they now view this access roads as an alternative means of egress. He also noted that due to the location of the access road, response to calls in the Berkeley/Four Seasons Community would not be aided. Dr. Tony Iachetta, President of the Fire Company Board, stated that they have reviewed the problem relative to the site plan with respect to the Commission's feeling that the roadway would have to have some type of controlled access. He pointed out that they could not guarantee that the road would not be used as a public throughfare. He also noted that due to the cost involved and the difficulty in raising funds, if the Board of Supervisors felt this roadway is necessary, then he felt it should be funded by the County. Mr. Bowerman noted that access could a means of controlling access such as *r.r could be installed. He questioned why be feasible for this location. be limited on this roadway if "card gate, chain and lock" this type of control would not Mr. Iachetta stated that they have reviewed this type of controls for this site and noted that in his opinion they could not be monitored. He pointed out that a chain lock across this roadway may work, but stated that he could not guarantee this. Mr. Iachetta stated that he felt the Board of Supervisors should determine if there is a public need for access between Commonwealth and Berkmar and if there is, then this access should be built by the County. As. Caperton stated that she has spoken with Mr. Iachetta and Mr. Claytor -regarding amending the condition speaking to the roadway on SP-78-70. She noted that this condition reads: • Access from Berkmar Drive to Commonwealth Drive will be only for emergency use until such time as public access is deemend necessary by the Board of Supervisors. She also noted that the January 5, 1979 approval of this site plan by the Board of Supervisors, was conditioned as follows: • #13: Alignment of future road from Commonwealth Drive to Berkmar Drive for public access to be approved by the Virginia Department of Highways & Transportation. She pointed out that relief from this condition would have to be approved by the Board of Supervisors. With no further comment from the public, Mrs. Diehl stated that this matter was before the Commission. Mrs. Diehl stated that -the intent behind the action of the Planning Commission (in reviewing both the special use permit and site plan) was to provide emergency access. She noted that the Commission was informed at that time, that the access could be controlled. IVA Mr. Davis noted that both the rescue squad and the fire company have stated that to require this roadway would be an economic hardship. He pointed out that perhaps the paving specifications could be changed, therefore, reducing the cost. Mrs. Diehl stated that the cost of the access road is insignificant, noting amount of money that has already been spent on this property. Ms. Caperton noted that the pavement specifications will be 6" compacted stone base, prime and double seal surface treatment. Mr. Cogan stated that he would like to segregate this particular application from other meetings, noting that the Commission is dealing with the rescue squad at this time. He stated that he felt it is important to get the rescue squad in operation and noted that he did not feel that the emergency access is important in this case. -1 7 M M Mr. Cogan stated that he would be in favor of waiving condition #13. (Condition #13: alignment of future extension of Commonwealth Drive for public access to be approved by Virginia Department of Highways & Transportation). Mrs. Diehl stated that she felt the conditions of approval should remain as approved, noting that the site plan was a cooperative effort between the rescue squad and the fire company. She stated that she felt the response time will be less and noted that the safety of the general public is involved. Mr. Cogan reiterated that he felt the needs of the rescue squad should not be tied into the requirements for the fire department. Mr. Bowerman pointed out that the rescue squad could get a temporary certificate of occupancy which will allow them to occupy the building. He noted that the emergency access road could be conditioned as follows: • emergency road to be completed before a occupancy permit is issued for the training room and adjacent parking lot. Mr. Larry Claytor reiterated that they would like to occupy the building by October 15. Mrs. Diehl stated her concern that a temporary certificate of occupancy may be issued for the training room and noted that maybe a condition should be added to read: no certificate of occupancy, of any kind, shall be issued for the training room..... Mr. Payne stated that the ordinance states that no certificate of occupancy shall be issued without completion or bonding. Mr. Bowerman stated that by tying the rescue squad to the same condition as the fire department, the Commission has control over the building of the access road. Mrs. Diehl asked if there was any possibility that a temporary certificate of occupancy will be issued for the training room before the access road is built. Mr. Iachetta stated that in order for the parking lot to be built, a substantial amount of grading will be necessary. He reiterated that he felt this roadway, if deemed necessary, should be built by the County. . 38 7 Mr. Cogan moved for approval of this amendment subject to the following provisions and conditions: 1) The construction of the fourteen (14) foot emergency access shall be completed by the time a certificate of occupancy for the training room at the Seminole Trail Volunteer Fire Department is issued in conjunction with the parking lot and required curbing subject to the following conditions: a. County Engineer approval of the roadway specifications; and b. The proper curb cut at the fire department's parking lot shall be made. Mr. Michel seconded the motion, which carried unanimously. DISCUSSION: Ms. Caperton pointed out for the benefit of the rescue squad, that they could apply for a temporary occupancy permit, noting that the construction of the emergency roadway can be delayed until the fire department completes their training room and applies for occupancy. Northfields, Lots 1 and 2, Block A, Addition Two Final Plat - Request to delete condition l.a.l of the June 15, 1982, approval concerning the improvement of Chapel Hill Road. Charlottesville Magisterial District. REQUESTS DEFERRAL TO OCTOBER 26, 1982. Mr. Cogan moved to accept the applicant's request for deferral to October 26, 1982. Mr. Bowerman seconded the motion, which carried unanimously. Red River Ribs Restaurant - Request to amend the landscaping on the site filed previously under Vlaviano's Restaurant Site Plan. The site is located on the corner of Greenbrier Drive and Route 29 North (southbound lane). (NOT TO BE PRESENTED). As. Caperton noted that the applicant did not get in touch with the Planning staff, therefore, this item will not be presented at this time. She noted that the applicant will at a later date, submit an amended landscape plan for approval by the Planning Commission. ,�537 OLD BUSINESS: Villaqe Offices Condominium Final Plat: Ms. Caperton noted that the Planning Commission asked to be informed of the corrections made to the stormwater detention facility for this site. She noted the memorandum from Mr. Trevillian which reads as follows: • "No corrections have been made as of today (September 20, 1982). The agreed upon plan is to relocate the outlet pipe, from the basin, at a lower elevation so that the pond will have positive drainage. All pipes entering the basin would be aove the elevation of the outlet pipe. The work is not too costly yet could be lengthy because areas adjacent to the pond has high fills." Mr. Bowerman noted the current condition of the detention facility and reiterated the Commission's concern that this be corrected. Mr. Davis ascertained that the final plat has been signed and the necessary improvements have been bonded. Mr. Payne stated that it has been determined what the necessary corrections are, noting that now its a matter of enforcing the requirements. He noted that one way to be certain the improvements are made is not to renew the bond. The meeting adjourned at 10:30 p.m.. Rob rt W. Tucker, Jr. - SeVary n