HomeMy WebLinkAbout07 26 83 PC MinutesM
July 26, 1983
The Albemarle County Planning Commission held a public hearing on
Tuesday, July 26, 1983, Meeting Room 7, County Office Building,
Charlottesville, Virginia. Those members present were: Ms. Norma
Diehl; Mr. Tim Michel; Mr. Jim Skove; Mr. Richard Cogan; Mr. Allen Kendrick;
and Mr. Corwith Davis. Other officials present were: Ms. MaryJoy Scala,
Planner; Ms. Joan Davenport, Planner; Mr. Ronald Keeler, Chief of
Planning; Ms. Katherine Imhoff, Chief of Community Development; and Mr.
George St. John, County Attorney. Absent: Commissioner Bowerman.
The Chairman called the meeting to order at 7:30 p.m. and established
that a quorum was present.
ZMA-83-6 Madeline S. Freeman and Wilford and Carolyn Herndon - Request to
rezone 7.58 acres currently zoned R-1 to HC on County Tax Map 32, Parcel
22L (1.238 acres) and Parcel 22L1 (6.344 acres), Rivanna Magisterial
District. Located on the east side of Rt. 29 North, north and adjacent
to Cedar Hill Mobile Home Park. Deferred from July 12.
Mr. Keeler presented the staff report. He explained that Ms. Freeman
was requesting that her portion of the property (6.344 acres) be withdrawn
from the request without prejudice. Ms. Diehl moved, seconded by Mr.
Kendrick, that Ms. Freeman's request for withdrawal without prejudice be
Vft„ accepted. The motion passed unanimously.
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The Commission then considered the request for the Herndon portion of the
property. Staff was recommending a C-1 designation rather than HC.
The applicant, Mr. Herndon, commented briefly. He stated he could not
"do anything with the property" under its current zoning. He indicated
he had no immediate plans to develop the property.
There being no public comment, the matter was placed before the Commission.
Mr. Davis moved, seconded by Mr. Skove, that ZMA-83-6, to rezone 1.238
acres from R-1 to C-1 be approved. The motion passed unanimously.
William Coughlin Final Plat - Located off west side of Rt. 676, in the
Whispering Pines Subdivision, approximately 2.0 miles west of Ivy; proposal
to divide approximately 11.11 acres into two lots with an average lot
size of 5.55 acres. Samuel Miller Magisterial District. (Tax Map 57B, Parcel
A) Deferred from June 28, 1983.
The applicant was requesting deferral to August 16.
Mr. Skove moved, seconded by Mr. Kendrick, that the William Coughlin Final
Plat be deferred to August 16, 1983. The motion passed unanimously.
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July 26, 1983
Page 2
Robert Maupin Final Plat - Located on the west side of St. Rt. 635, south
of 250 East and Rt. 635 intersecttion. :Proposal to divide 33.91 acres
into three lots with an average lot size of 11.30 acres. White Hall
Magisterial District. (Tax Map 56, Parcel 19B). Deferred from June 28,
1983.
Ms. Imhoff presented the staff report. Staff recommended approval
subject to conditions.
The applicant was represented by Mr. Buddy Edwards. He stated the
applicant had no objections to the suggested conditions of approval.
There being no public comment the matter was placed before the
Commission.
The Commission felt their concerns had been addressed.
Mr. Davis moved that the Robert Maupin Final Plat be approved subject
to the following conditions:
1. The plat can be signed when the following conditions have been met by
the applicant:
a. Compliance with private road provisions including
(1) County Engineer approval of road plans;
(2) County Attorney approval of a maintenance agreement;
b. County Engineer approval of drainage plans;
C. Compliance with Soil Erosion and Sedimentation Control
Ordinance;
d. Virginia Department of Highways and Transportation approval of a
private street commercial entrance.
Ms. Diehl seconded the motion which passed unanimously.
Riverbend Final Plat - Located south of Rt. 250 East at intersection of
Riverbend Drive and South Pantops Drive; proposal to redivide portions of
three existing parcels to create one 2.2352 acre lot, one 7.5427 acre lot
and one 5.1275 acre lot, leaving a residue of ±22.8 acres. Rivanna
Magisterial District. (Tax Map 78, Parcels 17D, 17G and 15C1)
The applicant was requesting deferral to August 23.
Mr. Michel moved, seconded by Mr. Skove, that the Riverbend Final Plat
be deferred to August 23. The motion passed unanimously.
Swift Air Delivery Site Plan - Located off north side of Rt. 649, east
of Charlottesville -Albemarle Airport; proposal to locate a 3,600 square
foot air freight warehouse and office building on a 0.99 acre parcel.
Rivanna Magisterial District. (Tax Map 32, Parcel 17E)
The applicant was requesting deferral to August 2.
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July 26, 1983 Page 3
�4w Mr. Kendrick moved, seconded by Mr. Skove, that the Swift Air Delivery Site
Plan be deferred to August 2. The motion passed unanimously.
South Briarwood Farm, Lots I-VII, Preliminary Plat - Located on east side
of Rt. 29 South (NBL), about 2.0 miles northeast of Covesville; proposal
to divide 249+ acres into 7 tracts with an average size of 35.6 acres.
Samuel Miller Magisterial District. (Tax Map 98, part of Pracel 23)
The applicant was requesting deferral to August 23.
Mr. Skove moved, seconded by Ms. Diehl, that the South Briarwood Farm
Lots I-VII, Preliminary Plat be deferred to August 23. The motion passed
unanimously.
Solaris, Lots 6-10 and Revised Lot 5 Final Plat - Located off the south side
of the intersection of Rts. 640 and 641, west of Priddy Creek and the
Southern Railroad; proposal to redivide lot 5 of an existing subdivision
and to divide 20.885+ acres into 5 lots with an average size of 4.1+ acres.
Rivanna Magisterial District. (Tax Map 34, Part of Parcel 50)
The applicant was requesting deferral to August 23.
Mr. Skove moved, seconded by Mr. Davis, that the Solaris Final Plat be
%r deferred to August 23. The motion passed unanimously.
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Hollymead Phase IV Preliminary Plat - Located southeast of intersection of
Rt. 29 North and Rt. 649, adjacent to Hollymead Subdivision on an
extension of Powell Creek Drive; proposal to locate 99 clustered lots with
bonus provisions as follows: density of 1.25 units per acre; total area
in lots 51.94 acres with 27.53 acres in open sapce. Rivanna Magisterial
District. (Tax Map 46, Part of Parcel of 29)
The applicant was requesting deferral to August 23.
Mr. Skove moved, seconded by Mr. Kendrick, that the Hollymead Phase IV
Preliminary Plat be deferred to August 23. The motion passed unanimously.
Vess Property; Redivision of Lot 3, Preliminary Plat - Located off north
side of Rt. 684, west of its intersection with Rt. 788, west of Crozet; pro-
posal to redivide lot 3 of an approved subdivision, 19.183 acres, into three
lots to be served by a private road on north side of C & 0 Railroad. White
Hall Magisterial District. (Tax Map 55, Parcel 41C)
Ms. Scala presented the staff report.
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July 26, 1983 Page 4
The applicant was represented by Mr. Sandridge. He explained he could
not afford to pave the road, but noted that he keeps the existing
road in good condition.
There being no public comment, the matter was placed before the Commission.
Mr. Cogan clarified the key issue was whether or not to allow two dwelling
units on one lot with a private road.
Mr. Davis stated he would not normally be in favor of such a request, but
since the two parties involved were related, he would not oppose the
request.
There was a brief discussion relating to whether or not there was
sufficient level area to locate two dwellings and two septic fields for
each dwelling unit. It was determined this could be addressed at the
time of the special permit review and approval of this request was no
guarantee that the special permit would be granted.
Mr. Davis indicated he would be inclined to grant relief from condition
1(e) of the final plat [Only one dwelling unit per lot.], rather than
the various other waivers which would be required if the property
were to be further subdivided in the future.
It was determined the Commission was willing to grant relief from
condition 1(e) provided the applicant could present evidence, to the
satisfaction of the staff, of the existence of two 30,000 square feet
building sites. It was also noted that relief from condition 1(e)
(allowing 2 building sites) applied ONLY to lot 3.
Mr. Skove moved that relief from condition 1(e) of the original final
plat approval for the Vess Property be granted for Lot 3 only, subject
to the following condition:
1. That two building sites be verified on Lot 3, each to be a minimum
of 30,000 square feet and of less than 25% slope, and capable of
supporting a mobile home unit.
Mr. Davis seconded the motion which passed unanimously.
Douglas and Elizabeth Perkins Final Plat - Located at Rt. 625, on both
sides of C & 0 Railroad, adjacent to James River at Hatton Canoe Livery;
proposal to divide a 2.0 acre lot, in 3 separate pieces for use by
Hatton Canoe Livery, leaving 13.9+ acres in residue. Scottsville Mag.
District. (Tax Map 136, portion of Parcel 12)
Ms. Scala presented the staff report.
The applicant was represented by Mr. Schmick. He offered no additional
comment.
July 26, 1983
Page 5
1�rrr There being no public comment, the matter was placed before the Commission.
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Mr. Cogan asked the applicant how dedication of the additional right-of-way
would adversely effect his property. Mr. Schmick replied that he did not
think it would effect it to any great extent, but since the Highway Department
had determined that it was not necessary, he stated he could use the extra
space.
There was a brief discussion of development rights. It was determined
the current proposal would use 1 development right and 4 would remain.
Ms. Diehl moved that the Douglas and Elizabeth Perkins Final Plat be
approved subject to the following conditions:
1. The plat will be signed when the following conditions have been
met by the applicant:
a. Note on the plat that the remaining four development rights are
assigned to the combined residue of lots 1 and 3.
2. The Commission grants a waiver of Section 18-8 of the Subdivision
Ordinance, which requires that additional right-of-way be dedicated on
public streets less than 50' in width.
Mr. Michel seconded the motion which passed unanimously.
David Van Roijen Final Plat - Located off Rt. 743, adjacent to Rivanna
Reservoir; proposal to divide 33.51 acres into 7 lots ranging in size
from 3.65 acres to 7.43 acres. Charlottesville Magisterial District.
(Tax Map 45, Parcels 39 and 40)
Ms. Scala presented the staff report.
The applicant was represented by Mr. Tom Gale. He explained that the
applicant had decided to go with only 7 lots because it would offer
more space between dwellings and thereby more privacy. He also explained
that the applicant prefers a private road for the same reason, i.e. that
it will offer greater privacy and not invite outside traffic as would a
state road.
There being no public comment, the matter was placed before the
Commission.
The discussion was mainly concerned with the issue of private vs. public
road and also development rights. There was also discussion about
whether or not to waive Sec. 18-36b(5) which requires the average density of
a private road subdivision to be one dwelling unit per ten acres in
impoundment watersheds.
Mr. Van Roijen asked for an explanation of the advantages of a state
%AW road over a private road. Mr. Cogan and Mr. Davis addressed this question
and pointed out that private roads have traditionally presented problems
with maintenance and also are inconvenient in that school buses cannot
pick up on private roads, nor is there mail delivery. Mr. Cogan added
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July 26, 1983
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that the County is trying to encourage larger lots in the watershed
areas.
Mr. Keeler explained the history of how the private roads concept originated.
Mr. Michel indicated he was inclined to permit a private road.
Mr. Davis stated he would not oppose a private road provided it was built
to state standards.
(Mr. Gale explained the differences in a. private and a state road.)
Mr. Michel made a motion for approval but later withdrew the motion after
discussion revealed that there was still confusion as to what type of
road to require. Mr. Michel stated it was not his intent to require
that the road be built to state standards but never be taken into.the
state system. Mr. Michel felt it should be either totally to private
standards to totally to state standards, and not a combination of the
two as that could cause problems in the future.
Mr. Michel made a second motion for approval of the David Van Roijen Final
Plat subject to the following conditions:
1. The plat can be signed when the following conditions have been
met by the applicant:
a. Compliance with private road provisions, including:
1) County Engineer approval of final road and drainage plans;
2) County Attorney approval of a maintenance agreement;
3) Road construction bond posted.
b. Virginia Department of Highways & Transportation approval of a
private road commercial entrance;
C. Soil erosion permit;
Mr. Skove seconded the motion.
It was decided the existing note on the plat: "Restrictive Covenant: No
lot may be further divided" would be removed and replaced with "No further
divisions without Planning Commission approval.
The motion for approval failed to pass (3:3) with Commissioners Michel,
Kendrick and Skove voting in favor and Commissioners Diehl, Davis and Cogan
voting against.
There was a discussion about the possibility of increasing the pavement
width.
Mr. Skove expressed some concern about past approvals in relation to what
was being contemplated for this request. Mr. Cogan pointed out that waivers
that have been granted in the past were for proposals with fewer lots.
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July 26, 1983
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Mr. Michel noted that this proposal is very close to what was contemplated
for private roads.
Mr. Skove moved, seconded by Mr. Davis that the matter be reconsidered.
The motion passed unanimously.
Mr. Kendrick moved that the Van Roijen Final Plat be approved subject
to the same conditions as in Mr. Michel's motion with the addition of
condition (d) "The width of the pavement surface must be increased to
18 feet on the private road."
Mr. Davis seconded the motion.
The motion failed to pass (3:3) with Commissioners Kendrick, Cogan and
Michel voting in favor and Commissioners Diehl, Skove and Davis voting
against.
Ms. Diehl moved, seconded by Mr. Davis, that the matter be reconsidered.
The motion passed unanimously.
The applicant continued to argue for a private road. He explained that
a 18 foot right-of-way would require the removal of a significant amount
of vegetation.
It was determined the Commission was in favor of the wider right-of-way
so as to make it possible for two cars to pass.
Mr. Keeler pointed out that waiving the provision to require a public
road would not be changing the standards, but the major difference in
permitting this as a private road with a public road width is that a
public road would be approximately 8,000 square feet and a private road
would be only 2,000 square feet. Mr. Keeler felt the 18 foot width would
address the concern about adequate travel width and also would be
environmentally sensitive.
Mr. Kendrick once again moved that the Van Roijen Final Plat be approved
subject to the following conditions:
1. The plat can be signed when the following conditions have been met
by the applicant:
a. Compliance with private road provisions, including:
1) County Engineer approval of final road and drainage plans;
2) County Attorney approval of a maintenance agreement;
3) Road construction bond posted.
b. Virginia Department of Highways & Transportation approval of a
private road commercial entrance;
C. Soil erosion permit;
d. The width of thepavement surface must be increased to 18 feet on
the private road;
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July 26, 1983
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e. Note on the plat: No further division without Planning Commission
approval.
Mr. Michel seconded the motion which passed (4:2) with Commissioners
Cogan, Skove, Michel and Kendrick voting; in favor and Commissioners Diehl
and Davis voting against.
Mr. Davis asked that this request be "called up to the Board of Supervisors."
The Commission recessed from 9:35 to 9:45.
Colonial Self Storage Site Plan - Located on west side of Rt. 29 North
(SBL), south of Rio Road behind East Cast Oil Corporation; proposal to
locate 33 storage mini -warehouses and one office apartment on a 2.074 acre
lot. Charlottesville Magisterial District. (Tax Map 61, Parcel 120-D)
Ms. Scala presented the staff report. Staff recommended approval subject
to conditions.
The applicant was represented by Mr. John Green. He offered no significant
additional comment.
There being no public comment, the matter was placed before the Commission.
Mr. Michel expressed concern about the steepness of the driveway in view
of the fact that large trucks and trailers would be using it. He also
noted there was little landscaping. Ms.. Scala stated she felt the landscaping
was adequate.
There was also concern about the possible traffic conflicts caused by the
location of the fuel pumps on the gas station and the traffic exiting
this site. Mr. Green did not feel it would be a problem because the traffic
using this facility would be minimal.
It was determined the site arrangement was the result of fire access
requirements.
Mr. Skove moved that the Colonial Self Storage Site Plan be approved subject
to the following conditions:
1. A building permit will not be issued until the following conditions
have been met:
a. Compliance with the Soil Erosion Ordinance;
b. Virginia Department of Highways and Transportation approval of
commercial entrance improvements;
c. Approval of a subdivision plat :showing access, drainage and utility
easements;
d. Final Service Authority approval of off -site sewer plan and profile;
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July 26, 1983
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e. County Engineer approval of drainage computations for drip inlets and
storm sewer computations;
f. Stormwater Detention Ordinance or, developer contribution to
off -site drainage project in an amount agreeable to County
Engineer;
g. Guardrails along entrance and exit drive if County Engineer deems
necessary;
h. Fire Official approval of relocation of fule pumps.
(Note: This condition was added later at the suggestion of Mr.
Davis.)
2. Prior to the issuance of a certificate of occupancy the following
conditions must be met:
a. Fire Official approval of fire flow;
b. All improvements to be planted, constructed or bonded.
Mr. Kendrick seconded the motion which passed unanimously.
William and Laura Rowan Property Final Plat - Located on north side of
Rt. 676, northwest of its intersection with Rt. 743 and adjacent to Rivanna
Reservoir; proposal to divide 42.12 acres into 4 parcels with a range in
size from 5.16 acres to 18.40 acres. Jack Jouett Magisterial District.
Tax Map 45, Parcel 5F
Ms. Davenport presented the staff report. Staff recommended approval subject
to conditions.
The applicant was represented by Mr. Tom Gale. He offered no additional
comment.
Ms. Nancy Caperton, a realtor involved in the sale of the property, noted tha
her records show the property to be 43.12 acres rather tha 42.12.
There being no public comment, the matter was placed before the Commission.
Ms. Davenport noted, in response to Mr. Cogan's question, that the County
Engineer feels the existing turnaround is adequate.
Mr. Skove moved that the William W. and Laura Rowan Final Plat be approved
subject to the following conditions:
1. The plat can be signed when the following conditions have been met
by the applicant:
a. Delineate the septic setback line from the reservoir on the plat;
b. Remove 50' radius turn -around from plat if not to be constructed;
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July 26, 1983
Page 10
c. Change development rights notation to standardized language as
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outlined in the February 9, 1982, memo from Robert W. Tucker, Jr.,
Director of Planning and Community Development, addressed to
Area Surveyors;
d. Note date all permanent reference materials to be set;
e. Compliance with private road provisions including County Attorney
approval of maintenance agreement.
Mr. Michel seconded the motion which passed unanimously.
John W. Minor, Trustee Final Plat - Located on east side of Hydraulic Road
(Rt. 743), across from Albemarle High School; proposal to divide 2.33
acres into two lots, each with an existing dwelling. Charlottesville
Magisterial District. Tax Map 61, Parcel 27A
Ms. Davenport presented the staff report:. Staff recommended approval
subject to conditions.
The applicant was represented by Mr. Ken Erkenbrach. He offered no additional
comment.
There being no public comment, the matter was placed before the Commission.
Mr. Michel moved that the John W. Minor„ Trustee Final Plat be approved
subject to the following conditions:
1. The plat will be signed when the following conditions have been met
by the applicant:
a. County Attorney approval of a maintenance agreement.
Mr. Skove seconded the motion which passed unanimously.
John W. Minor, Trustee and Philip T. Halapin, M.D., Contract Purchaser:
Request for Waiver of the Requirement for a Site Plan - Proposal to convert
existing residence to professional office. (Tax Map 61, Parcel 27A)
Ms. Davenport presented the staff report. Staff recommended approval of
the waiver subject to conditions.
The applicant was represented by Mr. Erkenbrach. He offered no significant
additional comment.
There being no public comment, the matter was placed before the Commission.
Ms. Diehl asked that condition No. 1, relating to existing vegetation, be
made clearer. It was decided it would be changed to read: "Note on sketch
that existing vegetation along residential boundaries is to remain, with
Planning Staff approval of the landscape plan, which is to be maintained."
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July 26, 1983 Page 11
It was also decided the following two conditions would be added:
"County Engineer approval of stormwater detention (if required), pavement
specifications and drainage facilities," and "The waiver of the site plan
requirement is subject to approval of the rezoning application (ZMA-83-10)
by the Board of Supervisors."
Ms. Diehl moved that the John W. Minor, Trustee and Philip T. Halapin Request
for Waiver of the Requirement for a Site Plan be approved subject to the
following conditions:
1. Note on the sketch that existing vegetation along residential boundaries
is to remain, with Planning Staff approval of the landscape plan, which
is to be maintained.
2. County Engineer approval of stormwater detention (if required), pavement
specifications and drainage facilities.
3. The waiver of the site plan requirement is subject to approval of the
rezoning application (ZMA-83-10) by the Board of Supervisors.
Mr. Davis seconded the motion which passed unanimously.
Forest Glen Preliminary Plat - Located off south side of Rt. 250 West,
adjacent to Western Albemarle High School; proposal to divide 50.04
acres into 5 lots with a range in lot size from 7.74 acres to 11.79
*r acres. Samuel Miller Magisterial District. (Tax Map 55, Parcel 106A)
Ms. Davenport presented the staff report. Staff recommended approval subject
to conditions.
The applicant was represented by Mr. Bell. He objected to the County
Engineer's recommendation that any part of the road over 5% grade be
paved. He stated that a short section of the road (approx. 400 feet) is
approximately 12%, but the remaining road has an average of 5% slope (ranging
from 1% to 7%). He also objected the County Engineer's recommendation
for No. 5 stone.
There being no public comment, the matter was placed before the Commission.
There were some concerns on the part of the Commission about entrance
location. Mr. Cogan expressed concern about traffic movements, e.g.
immediate entrance onto 250 with no acceleration lane and conflicts with
Albemarle High School traffic. The applicant stated he had no other
possible locations for the entrance.
Mr. Michel noted that the application was in order and moved that the
Forest Glen Preliminary Plat be approved subject to the following conditions:
1. The following conditions will be recommended for final plat approval:
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July 26, 1983
Page 12
a. Compliance with tre private road provisions including:
(1) County Engineer approval of final road plans;
(2) County Attorney approval of a maintenance agreement;
b. County Engineer approval of drainage plans including culverts
for stream crossings to tracts 3 and 5;
C. Compliance with the Soil Erosion. and Sedimentation Control
Ordinance;
d. Compliance with Runoff Control Ordinance;
e. Written Health Department approval including submittal of a
soil scientist's report;
f. Amend note on plat to reflect required 100' septic setback from
all streams.
Mr. Davis seconded the motion which passed unanimously.
There was a very brief discussion about private roads and the end of
the meeting.
There being no further business, the meeting adjourned at 11:00 p.m.
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. Wayn Cilimbergy Se etary
Recorded by: Stuart Richard
Transcribed by: Deloris Sessoms 6-90