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HomeMy WebLinkAbout02 15 83 PC MinutesM February 15, 1983 The Albemarle County Planning Commission conducted a public meeting on Tuesday, February 15, 1983, at 7:30 p.m., Meeting Room #5/6, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. Those members present were Mr. David Bowerman, Chairman, Mr. Tim Michel, Mr. Corwith Davis, Jr., Mr. James R. Skove, Mrs. Norma Diehl and Mr. Richard Cogan, Vice -Chairman. Other officials present were Mr. Frederick W. Payne, Deputy County Attorney, Ms. Mason Caperton, Senior Planner and Ms. Katherine L. Imhoff, Planner. Absent from the meeting were Ms. Ellen V. Nash, Ex-officio and Mr. Allen Kindrick. After establishing that a quorum was present, Mr. Bowerman called the meeting to order. The minutes of June 15, 1982 were approved as submitted. SP-83-1 Clinton S. Ryalls - request to locate a mobile home on +3 acres zoned RA, Rural Areas, County Tax Map 46, Parcel 93L2, Rivanna Magisterial District. Property is located on private easement off Route 643, approximately 200 feet southwest of the intersection of Routes 643 and 649. REQUESTS WITHDRAWAL. Mrs. Diehl moved to accept the applicants request for withdrawal of this petition. Mr. Michel seconded the motion, which carried unanimously. Hickory Ridge, Phase I, Commercial Area Site Plan - located off the north side of Route 665, south of the intersection with Route 664; proposal to locate a 9,956 square foot commercial building for coach restoration, sales and service showroom facilities; barn and animal care accommodation and live-in quarters. White Hall Magisterial District (Tax Map 30A(1) portion of parcel 1). DEFERRED FROM JANUARY 25, 1983 MEETING. MR. KINDRICK JOINED THE MEETING. Ms. Imhoff presented the staff report. Mr. Bowerman asked if the applicant had any comment. /3 Mr. W. S. Roudabush, representing the applicant, stated that they have no problems with the recommended conditions of approval as noted by staff, and further stated that he would respond to any questions or concerns the Commission may have. With no comment from the public, Mr. Bowerman stated that this matter was before the Commission. Mr. Michel ascertained that this proposal is not located within the one hundred year floodplain. Mr. Skove ascertained that the County Engineer, when reviewing the pavement specifications, takes into account grade and pavement coverage. Mrs. Diehl moved for approval of this site plan subject to the following conditions: 1. A building permit can be processed when the following conditions have been met by the applicant: a. Complete schedule of landscaping noting number of plants and size; b. Compliance with Soil Erosion & Sedimentation Control Ordinance; C. Fire Official approval of handicapped provisions and note handicapped parking spaces on revised site plan. 2. Prior to the issuance of a certificate of occupancy all improvements'' must be planted, constructed or bonded. Mr. Michel seconded the motion, which carried unanimously. Steven Tobias Preliminary Plat - located off the north side of Route 610, east of Route 20 and northeast of Eastham; proposal to divide 92 acres into 3 parcels of 8 acres, 10 acres and 30 acres, leaving a residue parcel of 44 acres. Rivanna Magisterial District. (Tax Map 64, parcel 2). Ms. Imhoff presented the staff report. Mr. Bowerman asked if the applicant had any comment. Mr. Steven Tobias, the applicant, stated that neither the current property owners nor perspective buyers want the road upgraded to State standards. He noted that the owners along this road feel that a gravel road is easier to maintain than a paved road pointing out that there has been no problem with maintenance in the past. He pointed out that the area is remote and wooded, therefore, a gravel road better suits the environment. With no comment from the public, Mr. Bowerman stated that this matter is before the Commission. Mr. Bowerman ascertained that approximately ten (10) homes will be served by this road. Ms. Imhoff pointed out that lots 64(2)D and 64(2)A (to the east of this proposal) use the access easement. Ms. Imhoff pointed out that the applicant is asking for a waiver of Section 18-36C(1) of the private road provisions, and also a waiver of Sections 18-36C(2) and (3) which speak to upgrading of private roads. Ms. Imhoff noted past instances in which a waiver of Section 18-36C(1) has been granted, but noted that Section 18-36C(2) and (3) were not granted. Ms. Imhoff noted that the applicant is requesting a waiver of Section 18-36C(1) because the road does not meet the requirements of the private road provisions with regard to width, gravel base or surface treatment. Mr. Bowerman ascertained that even if the requirement for prime and double seal for the six to ten lots were waived, the County Engineer would still require paving of that portion of the road that would be over 15% slope. Mr. Trevillian, Engineer, stated that approximately four hundred feet (400') of the road has a 17% slope, which is steep for a gravel road. Mr. Skove stated that he has no problem in waiving Section 18-36C(1) of the private road provisions, as requested by the applicant. Mr. Bowerman ascertained that only one home currently uses that section of the road that has 17% slopes. Mr. Skove asked why are roads over 15% grade required to be primed and double sealed. Mr. Tom Trevillian, Engineer, stated that after years of travel the gravel tends to wash away creating a "wash boarding" effect. He pointed out that approximately every two years the gravel on the road would have to be replaced, noting that prime and double seal would last for approximately ten years. Mr. Trevillian pointed out that the cost factor for a surfaced road is not great and noted that travel is safer on a surfaced road, with this steep of grade. Mrs. Diehl noted other roads which are gravel roads and pointed out that "wash boarding" does occur with great regularity. She stated that she felt it would best serve the area if prime and double seal were required. Mr. Skove stated that according to the applicant a maintenance agreement does exist, therefore, if the gravel wears off it would be up to the homeowners to replace it. /S Mr. Cogan stated that he has no problem in waiving Section 18-36C(1) of the Subdivision Ordinance which would eliminate the need for County Engineer approval of road specifications. He further stated that he felt that the steeper portion of the road should be primed and double sealed, therefore, Condition l.c(2) should remain as a condition of approval. (CONDITION 1.C(2): County Engineer approval of road specifications as outlined in memo dated February 8, 1983 from Mr. Tom Trevillian.) Mr. Bowerman stated that he could support the waiver of Section 18-36C(1) but pointed out that he felt the County Enginner should be allowed to comment/approve the road specifications. Mr. Cogan moved for approval of this preliminary plat subject to the following conditions: 1. The following conditions will be recommended for final approval: a. Compliance with all the technical provisions of the Subdivision Ordinance; b. County Attorney approval of a maintenance agreement; C. County Engineer approval of road specifications as outlind in memo dated February 8, 1983 from Mr. Tom Trevillian; d. Compliance with the Soil Erosion & Sedimentation Control Ordinance; e. Written Health Department approval; f. Determination of a building site on each lot. 2. The Planning Commission did grant a waiver of 18-36(c)(1) of the Subdivision Ordinance. Section 18-36(c)(1) states that the required width of a travelway, surface and base of any road shall be determined in accordance with Table I of the Ordinance. The Planning Commission did not grant, as requested, a waivers of Section 18-36 (c)(2) and (3) of the Subdivision Ordinance. 3. The Planning Commission noted that prior to their review of a final plat, the applicant should obtain written Health Department approval for each lot and comply with the Subdivision Ordinance requirement for a determination of a building site on each lot (18-55(o) of the Subdivision Ordinance). Mrs. Diehl seconded the motion. DISCUSSION: Mr. Davis asked if the grade of the road could be altered (reduced in size) so that prime and double seal would not be necessary. Mr. Tobias pointed out that they are interested in changing the grade of the road, noting that they feel that a gravel road is preferable to prime and double seal and stated that they would take care of the maintenance of said road. Ap, Mr. Bowerman noted that the question regarding the grade of the road could best be solved by the applicant and the County Engineer. Mr. Trevillian noted several alternatives which the applicant could explore with regard to the grade of the road. Mr. Tobias stated that they have obtained an estimate of $5,000 - $7,000 to prime and double seal this portion of the road. Mr. Bowerman stated that the applicant should obtain written health department approval and determination of adequate building sites before this proposal is reviewed again by the Planning Commission. The motion for approval of this site plan subject to conditions (oultlined previously) carried by a vote of 6-1. Mr. Skove voted against the motion. Hollymead (right-of-way dedication) Final Plat - located along Powell Creek Drive, north of Tinkers Cover Road in Hollymead; proposal to dedicate land (.7230 acres) along the roadway on and over the Hollymead Lake Dam. Rivanna Magisterial District. (Tax Map 46, portion of parcel 29). DEFERRED FROM JANUARY 18, 1983 MEETING. Ms. Caperton presented the staff report. Mr. Bowerman asked if the applicant had any comment. Mr. Jim Hill representing the applicant, stated that a design of the dam showing the hydraulics and earth compaction has been submitted and approved by the Highway Department in Richmond. He pointed out that the dam was not included in Phase 1 of Hollymead because of the zoning. He also pointed out that the Board of Supervisors had stated that the dam must meet all the engineering stipulations of the Highway Department before they would take further action. Mr. Hill stated that the roads have been re -designed and pointed out that this will be presented to the Planning Commission at a later date. Mr. Hill stated that they have no problems with the recommended conditions of approval and noted that he would respond to any questions or concerns the Commission may have. Mr. Skove asked who is responsible for the maintenance of the dam at this time. Mr. Hill stated that Albemarle Land & Trust Company is responsible for the maintenance of the dam at this time but pointed out that this will eventually be turned over to the homeowners association. /7 Mr. Hill pointed out that the roads will be designed to comply with the zoning. Ms. Caperton pointed out that the 60 foot (60') right-of-way which exists should be adequate. With no comment from the public, Mr. Bowerman stated that this matter was before the Commission. Mr. Skove 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. Virginia Department of Highways & Transportation approval of an agreement or assurances from the developer that: the previously submitted plans for the 80' right-of-way have been withdrawn; the maintenance of the dam will not be the responsibility of the Highway Department; that the dam meets State regulations; and that the ownership of the dam be properly noted. 2. The applicant is put on notice that the maintenance of the dam will not be the responsibility of the Virginia Department of Highways & Transportation, the County or any agency of the Commonwealth. Mr. Michel seconded the motion, which carried unanimously. Office Condominium Complex Phases II, III & IV Site Plans - located on the north side of Old Ivy Road and southeast of Route 855, northwest of Route 29/250 Bypass; proposal to locate in Phases II and III two office buildings (8,000 and 8,250 square feet respectively) on a 2.41 acre tract and to locate in Phase IV an 8,500 square foot office building on a .765 acre tract. Jack Jouett Magisterial District. (Tax Map 60, Parcel 24). OFFICE CONDOMINIUM PHASE II AND III SITE PLANS WERE DEFERRED FROM JANUARY 25, 1983 MEETING. Ms. Imhoff presented the staff report. Mr. Bowerman asked if the applicant had any comment. Mr. Mark Osborne, representing the applicant, stated that the building in Phase One is under construction at this time, and that they intend to occupy this building in the near future. He pointed out that there is no rush to move into Phase 2 or 3 at this time and pointed out that Phase 4 will not be built at this time (two years before they plan to start construction on Phase 4). He noted that HEC Corporation the applicant, asked that these plans be presented to the Planning Commission at this time, thereby allowing them ample time to work 14 on an overall plan for this development. 1480 Mr. Osborne pointed out that the landscaping will be in keeping with the aesthetics of the overall development. He stated that he would respond to any questions or concerns the Commission may have. With no comment from the public, Mr. Bowerman stated that this matter was before the Commission. Mr. Skove asked why staff has required "Planning staff approval of a detailed landscaping plan" to be approved prior to the issuance of a building permit/and or certificate of occupancy. Ms. Imhoff noted that there has been some disagreement between developers and the Planning staff as to what is "significant landscaping" therefore staff is asking for some guidance from the Planning Commission as to what they would like to see required for landscaping. She also pointed out that applicants have in the past asked that the condition for "Planning staff approval of a detailed landscaping plan" be required at the time a certificate of occupancy is issued. Mrs. Diehl pointed out that the landscaping of a parcel, especially in the urban area, can be an important factor to the adjacent properties, therefore she felt it was necessary to have the landscaping plan available to the members of the Planning Commission. Mr. Bowerman asked if the cost of preparing a landscape plan is a hardship on the applicant. Mr. Osborne stated that the cost of the landscape plan would not be a hardship on the applicant. He noted that they chose to submit the site plan at this time without a landscaping plan, pointing out that that a landscape architect has not been choosen to do the plan. Mr. Bowerman noted the position of staff with regard to the approval of a landscape plan and asked the applicant if he would be adverse to a condition of approval to read as follows: • Prior to issuance of a building permit a landscape plan is to be formally submitted to the Planning staff and reviewed by the Planning Commission. Mr. Osborne stated that he did not feel there would be a problem with this condition. Ms. Imhoff stated that with regard to landscape plans in the urban area the Planning Commission could choose to review the landscape plan or they could establish stringent guidelines for "significant landscaping." Mr. Cogan stated that he felt it would be beneficial if the Planning Commission reviews the landscape plan pointing out that it would eliminate the -need for this to be a condition of approval. /9 Mrs. Diehl reiterated that the review of the landscape plan was beneficial because it relieves the pressure on the staff as well as allowing the public the opportunity to speak to the landscaping in the area. Mr. Cogan stated that he felt it would be advantageous for the Planning Commission to review the landscape plans. Mr. Bowerman ascertained that the runoff from this site is taken care of by a 48" pipe located under St. Rt. 601. Mr. TrANlrillian, Engineer, stated that there is concern as to what has been delineated as the one hundred (100) year flood -)lain. TTe noted that Mr. Osborne is to submit to the Engineering Department plans showing the hydraulics of the pipes. He pointed out that on the east side of the 250/29 Bypass, it is possible that the water may flow down the side of the road rather than going through the 48" pipe and go on to this development (Phase 1 through 4). Mr. Trevillian stated that it is difficult to plan on what will occur upstream and to design adequately for the runoff from this property. He reiterated that their (Engineers) main concern is the location of the one hundred (100) year floodplain. Mrs. Diehl stated that some areas of this site had a high water table and asked what was being done to accomodate this. Mr. Osborne stated that they encountered a high ground water table Oslo to the north of the original location of the small stream wandering through the property. He pointed out that they added an additional 2 - 3 inches of fill in this area. Mrs. Diehl asked if additional culverts were installed before this additional fill was added. Mr. Osborne stated that this was not necessary as the soil was proven to be strong enough with this fill for parking lots, etc., he pointed out that the footings of the building will be down several feet below grade. Mr. Osborne stated that this area was, in the past, subject to flooding, but pointed out that since they have installed a 48" concrete culvert and the additional 2-3 inches of fill, this should prevent flooding. He also pointed out that the existing culvert underneath the 250/29 Bypass is a 48" corrugated metal pipe which is different from the reinforced concrete pipe in that its carrying capacity is about half. Mr. Osborne stated that they have discussed with the County Engineer the possibility of establishing an escrow account in hopes of establishing a regional stormwater management ponds. He stated that this was being considered because of the potential for future development in the area. .:7v Mr. Trevillian stated that after he has reviewed the drainage calcula- tions submitted by Mr. Osborne he felt that a solution could be worked out between the applicant and the Engineering Department. He stated that one alternative would be the installation of detention basins but noted the problem with maintenance of these basins. Mr. Trevillian stated that at the present time a 60" reinforced concrete pipes with downsized outlets is being used at the present time for the detention of these facilities. Mr. Davis moved for approval of this site plan subject to the following conditions: 1. A building permit may be processed for Phases II and III when the following conditions have been met by the applicant: a. Planning staff approval of a detailed landscaping plan; b. Compliance with Stormwater Detention Ordinance; C. County Engineer approval of final drainage plans; d. Compliance with the Soil Erosion & Sedimentation Control Ordinance; e. Fire Official approval of handicapped provisions; f. Compliance with ZMA-80-19. 2. A building permit may be processed for Phase IV when the following conditions have been met by the applicant: a. Planning staff approval of a detailed landscaping plan; b. Compliance with Stormwater Detention Ordinance; C. County Engineer approval of final drainage plans; d. Compliance with the Soil Erosion & Sedimentation Control Ordinance; e. Virginia Department of Highways & Transportation approval of a commercial entrance; f. Compliance with ZMA-80-19. 3. A certificate of occupancy may be issued when the following conditions have been met: a. Fire Official approval of fire flow; b. Subdivision approval of the condominium regime including County Attorney approval of a maintenance agreement for the drainage and appurtenant structures and the parking area; C. All improvements to be constructed, planted or bonded. Mr. Skove seconded the motion, which carried unanimously. 01 7 M Briarwood, Lots 1-158 Phase III Final Plat - located off the west side of Route 29 North and north of the Rivanna River in the Briarwood Planned Residential Development; proposal to divide 14,616 acres into 158 lots (average size 4.029 square feet per lot) with 4.629 acres in common open space. Rivanna Magisterial District. (Tax Map 32E, portion of parcel 1). REQUESTS DEFERRAL UNTIL MARCH 15, 1983. Mr. Cogan moved to accept the applicants request for deferral of this final plat until March 15, 1983. Mrs. Diehl seconded the motion, which carried unanimously. Briarwood PRD (ZMA-79-32) - Staff presentation to the Planning Commission of a revised preliminary plan of the developed area and proposed surrounding areas. Ms. Caperton stated that this will not be a formal presentation, but more for the benefit of keeping the Planning Commission informed. Ms. Caperton pointed out that when reviewing the Briarwood, Lots 1-158 Phase III Final Plat, she noted that this plan is different that that approved by the Board of Supervisors in January 1980. She noted that when she put an overlay showing the proposed plat it did not comply with what was approved for this development. She pointed out that the roads were not the same, noting that Heather and Whitney Court are currently under construction. She also noted that Phase 2 of Briarwood included the dedication.of Austin Drive to the intersection of Briarwood Drive and also the dedication of Briarwood Drive. She pointed out that because Austin Drive and Briarwood Drive were approved as shown on the plat, this caused the relocation of lots. Ms. Caperton stated that the most notable changes in these plats are as follows: • The relocation of Austin and Briarwood Drive, noting that these roads were relocated in accordance with the Highway Departments recommendation. • The number of lots in this area is less on the new plat (Briarwood, Lots 1-158 Phase III Final Plat) than what is shown on the previously approved plat. The number of lots approved on the original plat was two hundred and eighty-three (283) and the new plan for phase III shows two hundred and thirty-nine (239) . • The Briarwood Lots 1-158 Phase III Final Plat is more sensitive to the enviroment and the topography of the area. n as Ms. Caperton stated that the Planning staff is asking for guidance from the Planning Commission as to whether they feel this proposal should be presented to the Board of Supervisors as an amendment to the original plan. She pointed out that Mr. Tucker, Director of Planning,does not feel this is necessary for the following reasons: • the major change shown on relocation of Austin Drive • no intensification of use; • some flexibility should be the plan was created because of the and Briarwood Drive; allowed. Ms. Caperton pointed out that as far as the reduced number of lots is concerned, loosing lots in one area does not mean that they will be added to another area. Mr. Bowerman ascertained that a preliminary approval is given when PRD (Planned Residential Development) is submitted, noting that each phase of this development is reviewed in detail and that the staff reviews the different phases to be sure they are in compliance with the overall plan. Mr. Bowerman asked Mr. Payne, County Attorney, if the Planning Commission could accept this proposal without having the PUD redrawn. Mr. Payne stated that the Planning staff is asking for guidance from the Planning Commission as to how they should review the Briarwood, Lots 1-158 Phase III Final Plat, which has been deferred to March 15, 1983. He noted that the Commission will have to decide when this plan is reviewed if the final plat complies with the original approved plan. He explained that with the relocation Austin Drive and Briarwood Drive, Austin Drive will become the main through fare instead of Briarwood Drive. Mr. Bowerman ascertained that if the Briarwood, Lots 1-158 Phase III Final Plat were approved by the Commission on March 15, this approval would supersede any previous approvals in terms of lots lines and roads. Ms. Caperton pointed out that grading of the lots would be determined at the time of a final plat for a particular phase. Mr. Payne reiterated that the main concern is whether this plan is substantially the same as shown on the original PRD. Mr. Payne reiterated that in the opinion of the Director of Planning this plan does not substantially differ from the originial PUD. He pointed out that the main change in the change in the traffic pattern. Mr. Bowerman ascertained that topographic lines have been established for the entire PUD. Mr. Bowerman ascertainded that according to the applicant (Mr. Wendell Wood) the original PUD would not have to be changed substantially. a3 Mrs. Diehl ascertained that the common open space will have to remain in a similiar configuration and acreage as shown on the original PUD. Ms. Caperton pointed out the changes which occurred because of the relocation of Briarwood Drive and Camelot Drive cul-de-sac. Mr. Payne stated that he would consider this a minor amendment as this (Camelot cul-de-sac) is a cul-de-sac that serves the purpose of preventing through traffic on Camelot Drive but allows development on Camelot Drive. Mr. Payne pointed out that the Planning Commission reviewed Austin Drive and Briarwood Drive for acceptance into State dedication, therefore the Commission had to determin if they were in compliance with the original PUD. Mr. Bowerman stated his concern in reviewing a section of the PUD withouth knowing if this element is in compliance with the originally approved PUD. He stated that he does not want to deviate from the orginal intent of the PUD and the conditions attached to it. He stated that he would like to have a base line from which to elavuate each new phase, without literally starting over again. Ms. Caperton reiterated that the Planning staff is asking for guidance from the Planning Commission as to whether they feel this should be treated as an amendment to the original PUD or if this can be reviewed administratively by the staff. Mr. Cogan stated that the Planning Commission has in cases of this nature in the past, left this to the discretion of the Planning staff. He noted that if the staff does have problems with this they can always bring it to the Planning Commission for clarification. CONCENSUS. THE PLANNING COMMISSION AGREED THAT IT WAS NOT NECESSARY FOR THIS PROPOSAL TO BE TREATED AS AN AMENDMENT TO THE ORGINIAL PUD (ZMA-79-32). THEY STATED THAT THEY FELT THE PLANNING STAFF COULD HANDLE THE CHANGES IN THE LOT LINES AND THE ROAD LAYOUT. ANY SUBSTANTIAL CHANGES FROM THIS PROPOSAL SHOULD BE PRESENTED TO THE PLANNING COMMISSION. R 2� OLD BUSINESS: Hydraulic Road Garden Court Townhouses Site Plan: Ms. Caperton noted that this site plan was approved by the Planning Commission on February 25, 1981. A six month extension of this plan was approved by the Planning staff as there was no change in the ordinance. Ms. Caperton noted that Mr. Hank Browne, the applicant, is requesting another six month extension in order to complete financing of this proposal. She pointed out that it is the staff's policy not to grant an additional six month extension administratively. Ms. Caperton pointed out that the Zoning Ordinance has changed with regard to building separations. She noted that she has explained this to the applicant and he has stated that they are willing to make the necessary changes to comply with this. Ms. Caperton asked if the Planning Commission wished the Planning staff to review this proposal administratively or should the proposal go through the site review process. Mr. Michel stated that he did not feel it was good procedure to allow continued extensions. Ms. Caperton noted that if the Planning Commission allowed this to be reviewed by the Planning staff, copies of this proposal would be sent to the Engineering Department, Fire Official and Health Department for their comments. Mr. Skove stated that he did not feel it was good procedure to allow for continued extensions. Mrs. Diehl stated that since one six month extension has been granted she felt this should be reviewed by the Commission. Ms. Caperton stated that this site plan could be presented to the Commission on March 15, 1983. CONCENSUS: THE PLANNING COMMISSION FELT THIS SITE PLAN SHOULD BE REVIEWED AGAIN AND GO THROUGH THE FULL REVIEW PROCESS. (I.E. SITE PLAN SUBMITTAL, ADJACENT OWNERS NOTIFIED, SITE REVIEW MEETING, PLANNING COMMISSION, ETC.). a�J NEW BUSINESS: Ms. Caperton noted that the "Streamlining Report" in included in the Commission's packets, she asked that they review this. Annual Report (1982) FINAL DRAFT: The Commission reviewed this report noting several corrections to be made (i.e. typo's) and the unanimous concensus was to submit this report to the Board of Supervisors for their review. (COPY ATTACHED). The meeting adjourned at 10:00 p.m. c ;ert W. Tucker, Jr. - Secr ary 19 .:26