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HomeMy WebLinkAbout08 16 83 PC MinutesAugust 16, 1983 The Albemarle County Planning Commission conducted a public meeting on Tuesday, August 16, 1983, 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, Chariman, Mr. Richard Cogan, Vice -Chairman, Mrs. Norma Diehl, Mr. James R. Skove, Mr. Tim Michel and Mr. Corwith Davis, Jr. Other officials present were Mr. Frederick W. Payne, Deputy County Attorney, Ms. Ellen V. Nash, ex-officio, Mr. Maynard Elrod, County Engineer, Ms. Katherine L. Imhoff, Senior Planner and Mrs. Joan Davenport, Planner. Afer establishing that a quorum was present, Mr. Bowerman called the meeting to order. William Coughlin Final Plat - located off the west side of Route 676, in the Whispering Pines Subdivision, approximately 20 miles west of Ivy; proposal to divide approximately 11.11 acres into two lots with an average lot size of 5.5 acres. Samuel Miller Magisterial District. (Tax Map 57B, Parcel A. APPLICANT REQUESTS DEFERRAL TO SEPTEMBER 27, 1983. Mrs. Diehl moved to accept the applicants request for deferral to September 27, 1983. Mr. Michel seconded the motion, which carried unanimously. SP-83-47 Cecil or Doris Gardner - Request to locate a mobile home on 16 acres zoned Rural Areas, County Tax Map 65, Parcel 20, Rivanna Magisterial District. Located on the east side of Route 600, approximately 1/2 mile southeast of the intersection of Routes 22 and 600. Ms. Imhoff presented the staff report. Mr. Bowerman asked if the stockade fence, required by the Deputy zoning Administrator, had been built. Ms. Imhoff noted that the applicant started to build this fence, but pointed out that it is being moved because it was located within VEPCO's power line easement. a 97 Mr. Bowerman asked if the applicant had any comment. Mrs. Gardner stated that they were informed by the Zoning Department when they purchased the trailer, that as long as the trailer was used for storage they would not need a special use permit. Mr. Gardner stated that the wrecked cars on the property will be removed. Ms. Imhoff noted that the letter (June 27, 1983) from Mr. Evans states "the two (2) wrecked vans and the wrecked Pontiac station wagon must be removed from the property. All other vehicles listed above should be enclosed with a stockade or closed type (non see through) fencing of a minimum of 7 feet to eight feet in height. Thus, the vehicles would not be visible from adjoining properties or the public road." With no comment from the public, Mr. Bowerman stated that this matter was before the Commission. Mrs. Nash asked if the vehicles located on the property are licensed vehicles. Ms. Imhoff stated that she did not know if they were licensed vehicles but pointed out that they have been .located on the property for some time. Mr. Payne noted that the Zoning Ordinance speaks to the storage of inoperable vehicles, pointing out that this would be enfoced by the Zoning Department. Mr. Cogan ascertained that the mobile home is presently used for storage. Mrs. Gardner stated that the mobile home will be used for storage unless one of her children decides to live here. Mr. Michel ascertained that the stockade fence will be approximately 20' - 30' long, located between the two storage buildings. Mrs. Diehl asked if the vehicles would be located within this fenced area. Ms. Imhoff pointed out that the vehicles would be located directly behind this fenced area, noting that this is a heavily wooded area. Mrs. Diehl noted the number of complaints received from adjacent property owners regarding the parked vehicles on the site. Mrs. Diehl noted that if the Commission takes action to approve this petition, she would like it conditioned that the special use permit can be issued only after the completion of the stockade fence. Mr. Cogan ascertained that the mobile home would not be enclosed within *at* the stockade fence. %Nor Mrs. Diehl ascertained that the purpose of a sketch is to show where the mobile home will be located on the site and pointed out that if this petition is approved, the mobile home will have to be located as shown on the sketch. She also noted that in order to relocate the mobile home, the applicant would have to obtain Planning Commission approval. Ms. Imhoff stated that she felt the applicant should understand that this mobile home could not be utilized for storage. She noted that Mr. Andy Evans, Deputy Zoning Administrator, while investigating a violation on this property, discovered the mobile home and informed the Gardner's that a special use permit was required to retain it on the property. Ms. Imhoff pointed out that the applicant has stated that the mobile home would continue to be used for storage. She pointed out that this would be a violation of the special use permit. Mrs. Nash stated her concern with the parked vehicles on the site. Mr. Payne read the following section from the Zoning ordinance in response to Ms. Nash's concern: 11Section 4.13.2 - no inoperable vehicle shall be so located on any agricultural or residential district as to be visible from a public road or adjoining property. No more than two such vehicles shall be located on any such lot regardless of location. Any vehicle not displaying current license plates and inspection valida- tion certificate as required by Virginia law shall be construed as an inoperable vehicle." Mr. Bowerman ascertained that the storage of abondoned vehicles could be subject to "grandfather" clause or considered to be "non -conforming. Mr. Payne explained that the Commission has the authority to require fencing for the mobile home itself. He noted that it also could be required by the Zoning Administrator to screen inoperable vehicles, up to two (2). over two (2) abondoned vehicles on the site would be a violation of the ordinance. Mr. Davis noted that the Commission is reviewing the request for a mobile home at this time and asked if they could consider the violations of the Zoning ordinance regarding the wrecked vehicles. Mr. Payne stated that the Commission could take into account the violations as they regard to this application. He noted that the Commission should consider that because of these violations, compliance with the conditions of approval for the mobile home may not be complied with. Mr. Bowerman noted that the applicant has stated that the mobile home would continue to be used for storage until such a time as any relative might want to live here. He noted that previous mobile home requests have been reviewed by the Commission with the intended purpose of the mobile home for habitation. He noted that the mobile home has been in existence for approximately seven year, reiterating that he felt the main concern is that it would be used for storaae not habitation. Mr. Bowerman asked when the requirements for mobile homeswas established as part of the Zoning Ordinance. Mr. Payne stated that the requirements for mobile homes was established in the 1968 Zoning Ordinance, noting that the laws regarding mobile homes have been liberalized within the past ten years. Mr. Michel pointed out that the letters of objection from the adjacent property owners address a concern (wrecked vehicles, etc.) which has existed for approximately seven years. Mr. Skove stated that the stockade fence would sufficiently block the cars from the adjacent property. Mr. Bowerman stated that he has no objection to condition #3 as outlined in the staff report (completeion of stockade type fence to satisfaction of Zoning Administrator) because it .realtes to the letter from Mr. Evans, dated June 27, 1983. He pointed out that mobile homes have been reviewed in the past with the intended purpose for either temporary or permanent residences. Mr. Cogan noted that this request could be approved with the following condition: • mobile home to be used as a residence, not for storage. He noted that this should be made clear to the applicant. Mr. Cogan stated that if the Commission chooses to approve this petition as submitted, he felt the mobile home should be located within the stockade fence. Ms. Imhoff noted that the applicant would need to submit a sketch showing the location of the storage sheds, the present home, and location of the mobile home, as sketch submitted does not reflect what exists at this time. Mr. Bowerman suggested adding the following condition to the conditions of approval: • Staff approval of location and position of mobile home, mobile home to be enclosed within the stockade fence. **NW Mr. Davis stated that the expressed intent of this mobile home is not for a primary residence, therefore he questions whether this would set a precedent for future requests. Mr. Cogan noted the need for storage space, pointing out that if this mobile home were to continue to be used for storage space he felt it should be located within the stockade fence. He also noted that the intent of the ordinances relating to mobile homes is that said mobile home is to be used for permanent residence by the applicant or a relative. Mr. Skove moved for approval of this petition subject to the following conditions: 1. Compliance with 0 5.6.2 of the Zoning Ordinance. 2. Mobile home to be located as described on sketch submitted with special use permit. 3. Completion of stockade type fence to satisfaction of Zoning Administrator. 4. Staff approval of location and position of mobile home, mobile home to be enclosed within the stockade fence. Mr. Bowerman explained for the benefit of the public and Commission that the Commission is recommending that the mobile home be located within the stockade fence, noting that they are not speaking to the issue of wrecked cars as this will be taken care of by the Zoning Department. Mr. Michel seconded the motion. DISCUSSION: Mr. Davis asked if a parcel of land is non -conforming, must it brought into compliance before a special use permit is issued. Mr. Payne stated that this in not necessarily the case, as the two uses may not be related. Ms. Nash asked why the mobile home could not be used for storage. Mr. Payne explained that the mobile home would have to be hooked to water and septic. He also pointed out that mobile homes are defined in terms of construction, and noted that they are not permitted to be used as storage. Mr. Davis noted that the State views mobile homes as motor vehicles, therefore storage in -not permitted. Mr. Cogan stated that if this mobile home was approved for storage it would set a precedent for future requests. Mr. Skove explained for the benefit of the Commision why they are suggesting that a conditon be added requiring the applicant to submit another sketch showing the location of the mobile home and other buildings on the property. Ms. Imhoff stated that if the applicant does not intend to relocate the mobile home a condition could be added to read: • mobile home is to stay at present location." Mr. Skove and Mr. Michel withdrew their recommendation for approval cf this request. Mr. Cogan stated that it appears that the Commission would be giving relief from the section of the Zoning Ordinance which prohibits mobile homes to be used for storage. Ms. Imhoff suggested the following condition to be added to the conditions of approval: • mobile home to be retained in existing location and a sketch to be submitted noting current location and dimensions. Mrs. Diehl moved for approval of this petition subject to the following conditions: 1. Compliance with S 5.6.2 of the Zoning Ordinance 2. Mobile home to be located as described on sketch submitted with special use permit. 3. Completion of stockade fence to satisfaction of Zoning Administrator. 4. Mobile home to be retained in existing location and a sketch to be submitted noting current location and dimensions. Mrs. Diehl also included in this motion that the stockade fence is to be completed to the satisfaction of the Zoning Administrator before the special use permit is issued. Mr. Michel seconded the motion. DISCUSSION: Mr. Bowerman stated that he could not support the motion, noting that the primary use is for storage not habitation, therefore it does not comply with the intent of the ordinance. The motion made by Mrs. Diehl was a tie vote with Mr. Bowerman, Mr. Cogan and Mr. Davis voting against the motion. Mr. Payne explained that a tie vote is a recommendation for denial. ,29a Dawson Final Plat - located on the east side of Route 727, north of Blenheim and south of Route 627; proposal to divide 10.687 acres into 4 lots with an average lot size of 2.672 acres. Scottsville Magisterial District. (Tax Map 102, Parcel 39G). REQUESTS DEFERRAL TO SEPTEMBER 20, 1983. Mr. Davis moved to accept the request for deferral of this plat to September 20, 1983. Mr. Michel seconded the motion, which carried unanimously. Western Albemarle Site Plan - located on the south side of U.S.Route 250, adjacent to the east of Western Albemarle High School property and west of Brownsville; proposal to locate a 35,120 square foot shopping and professional center on 7.75 acres for a major grocery store, restaurant, retail, bank and professional offices. White Hall Magisterial District. (Tax Map 56, Parcel 17. REQUESTS DEFERRAL TO SEPTEMBER 20, 1983. Mrs. Diehl moved to accept the request for deferral of this site plan to September 20, 1983. Mr. Davis seconded the motion, which carried unanimously. Rio Woods Site Plan - located off the north side of Route 631, east of Route Route 29 North and west of Old Brook Road; proposal to locate 72 town- house units on a 9.99 acre parcel. Charlottesville Magisterial District. (Tax Map 61, Parcels 124B and 124C). Mrs. Davenport presented the staff report. Mr. Bowerman asked if the applicant had any comment. Mr. W. S. Roudabush, representing the applicant, stated that they are willing to meet the requirements ,as suggested by the Virginia Department of Highways & Transportation, relating to improvements to Rt. 631 and the entrance off of Rt. 631. He asked the Commission to consider the landscape plan, noting that they have submitted a plan which they feel is adequate for a project of this nature, size and caliber. He pointed out that no extensive planting was done along the entrance road because the adjacent property might be developed which would cause the removal of trees,etc. Mr. Roudabush stated that the recreation plan submitted provides for a horseshoe pitch, a log climb, a play court, swing, etc., but pointed out that they are willing to include a trail as suggested by staff. Mr. Roudabush 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 C293 was before the Commission. 91 Mr. Bowerman ascertained that the applicant is objecting only to the requirement for additional planting along the entrance road, as suggested by staff. Mr. Bowerman noted that staff has suggested that the caliper of the trees be changed from 1" to 12" to 12" to 2" and asked if the applicant had any objection to this. Mr. R. D. Wade, the applicant, asked what the reason is for this suggestion, noting that 12" caliper trees, in his opinion is adequate. Mr. Michel stated that trees should be staggered on a development of this size for a more aesthetically pleasing site. Mr. Bowerman stated that the caliper of the trees could be left to the discretion of the staff and the applicant. He noted that he has no objection to leaving the plantings along the entrance road as shown, based on the fact that the road could be re -designed. He also stated that he felt a sidewalk and some additional plantings could be installed on one side of the road, pointing out that any future improvements to the road could be done on the opposite side. Mr. Roudabush noted the problems that would occur (pavement specifica14000 - tions, base and prime,) in designing a pavement that would allow for improvements at a future date. Mr. Cogan asked if the pathway could be extended to the road, noting the children in the area. Mrs. Diehl pointed out that she felt an asphalt foothpath should be required, noting that this proposal is in the urban area. Mrs. Davenport pointed out that it is the recommendation of the Planning staff that an asphalt foothpath be installed along the road. She also pointed out that the request for extra landscaping and increased caliber of the trees is because the center on some of the trees is 40 to 70' across. Mr. Michel asked if the Highway Department had prepared a plan showing improvements to Rt. 631. Mrs. Davenport stated that a rural cross section, showing improvements has been done, pointing out that an urban cross section will be done some time in the future which will allow for improved long term planning. Mr. Michel questioned the locations of the crossovers in this area. Mr. Roudabush stated that the Highway Department has stated that they will allow crossovers at the following locations: • At the present Fashion Square light opposite Albemarle Square Shopping Center; and possibly one at the exit adjacent to the telephone company and opposite Bonanza The crossovers would be spaced 600 feet apart, therefore the next crossover would be at Raintree. A crossover would be allowed at the Northfields Road across from Squire Hill Apartments. Mr. Roudabush pointed out that a stop light would be installed at this intersection. Mr. Roudabush pointed out that the ultimate cross section of the road would be 24' of pavement on the west side with a 12' medium and a 24' lane on the east side of Rio Road. Mrs. Davenport stated that the Highway Department has indicated that the locations of the crossovers will be determined "at the point of traffic which generates the most vehicle trips." Mr. Elrod noted that the Highway Department has indicated that they would allow one more crossover in this area, location of said crossover to be determined by the development generating the most vehicle trips. Mrs. Davenport noted that the private road serves only this develop- ment, pointing out that the future intent is for a collector road to serve the C1 and R-15 property. Mr. Elrod stated that if a sidewalk were required it should be more of a temporary nature such as asphalt, pointing out that this could be done at a minimual cost. Mr. Bowerman noted the children in the area who would be waiting for school buses, etc., and stated that he felt it was necessary to have a sidewalk in this area. Mr. Elrod stated that preliminary approval has been given for the detention basin. Mrs. Diehl ascertained that the recreation plan as submitted by the applicant, with the addition of the trail as suggested by staff, will meet the requirements of the Zoning Ordinance. Mrs. Diehl stated her concern with the horseshoe pitch (500 square feet) as proposed by the applicant, noting that she did not feel this would be safe because of the children in the area. Mrs. Diehl stated that she felt the horseshoe pitch should be removed 01 yam' from the recreation plan, the trees should be 12" to 2" caliber and stated that she felt the conditions as outlined by staff are reasonable. Mr. Davis moved for approval of this site plan subject to the following conditions: 1. A building permit can be issued when the applicant has met the following conditions: a. Compliance with the Soil Erosion & Sedimentation Control Ordinance for Phase I and/or Phase II, Phase I to be approved first in any case; b. County Engineer approval of drainage plans for Phase I and/or Phase II, Phase I to be approved first in any case; C. Compliance with the Stormwater Control Provisions; d. County Engineer approval of fencing requirements for storm - water detention pond and fencing specifications to be noted on the site plan; e. County Engineer approval that all pertinent easements have been obtained from adjacent owners for off -site work; f. County Engineer approval of road plans; g. Virginia Department of Highways & Transportation approval of road plans, profiles and calculations for improvements to Rt. 631 and the entrance off of Rt. 631; h. Albemarle County Service Authority approval of final water and sewer plans and profiles (see memo dated August 2, 1983 from Albemarle County Service Authority to Joan Davenport); *40 i. Planning staff approval of the landscape plan to reflect comments made at the Planning Commission meeting; j. Planning staff approvalof recreation plan, including location of pathways; k. County Engineer approval of all sidewalk, pathway and roadway pavement specifications, these are also to be noted on the site plan; 2. A certificate of occupancy will not be issued until the following conditions have been met: a. Fire Official approval of handicap facilities and access; b. All improvments, as outlined by building phases, to be planted, constructed or bonded; C. Planning staff approval of additional landscape materials or plans, if existing wooded areas are disturbed in construction. 3. The applicant is put on notice that at the time of subdivision of any portion of this property, dedication of sufficient right- of-way and construction of the entrance road to state standards for acceptance into the state secondary system will be required. This may require extensive improvements and realignment of the roadway. With the upgrading of the road, sidewalks may be required on both sides of the roadway. �9- 4. The applicant is put on notice that with future development of the residue acreage of Parcels 124B and 124C, deletion of the existing private entrance serving the R. D. Wade office will be recommended. The staff wishes to encourage all properties to have access through the main entrance road with no direct access to Rt. 631. Mr. Cogan seconded the motion. DISCUSSION: Mr. Cogan ascertained that the Planning staff is aware of the concerns of the Commission regarding the recreation area, landscaping and sidewalks. Mr. Michel stated that he would like some input from the Highway Department regarding improvements to Rt. 631. THE ABOVE NOTED MOTION CARRIED UNANIMOUSLY. Berkmar Drive Final Plat - located on the western side of Berkmar Drive, approximately 1/4 mile from its intersection with U.S. Rt. 29. Proposal to create a 27,882 square foot lot, leaving a residue of 61,599 square feet. Charlottesville Magisterial District. (Tax Map 61, Parcel 12-1). Mrs. Davenport presented the staff report. Mr. Bowerman asked if the applicant had any comment. Mr. David Wood, the applicant, stated that he would respond to any questions or concerns the Commission may have. Mr. Bowerman asked if there was any public comment regarding this final plat. Mrs. Joan Graves asked if the setback requirements as outlined in the Zoning Ordinance would be complied with. Mr. Bowerman noted that there is a 30' setback in the front of the property and 50' in the rear, which is in compliance with the requirements of the ordinance. With no further comment from the public, Mr. Bowerman stated that this matter was before the Commission. Mr. Bowerman stated that he felt condition l.a. of the recommended conditions of approval is beneficial, noting that this is a sensitive .297 area in terms of runoff and flooding. (CONDITION l.a. - County Engineer approval of stormwater detention plans for the entire parcel *604 61M-12-1 as outlined by the County Engineer in August 11, memo). Mr. Michel moved for approval of this plat subject to the following conditions: 1. The plat can be signed when the following conditions have been met: a. County Engineer approval of stormwater detention plans for the entire parcel 61M-12-1 as outlined by the County Engineer in August 11, memo; b. Virginia Department of Highways & Transportation approval of a commercial entrance; C. Fire Official approval of fireflow; d. Albemarle County Service Authority approval of water and sewer plans; e. Note on plat all drainage easements to the satisfaction of the County Engineer. Mr. Davis seconded the motion, which carried unanimously. DISCUSSION• Mr. Skove noted the concern of the Planning staff and the County Engineer that a site plan could be submitted with less than 20,000 square feet of impervious area which would therefore make it exempt Iwo from the stormwater detention ordinance. Mr. Payne stated that Section 18-22, Article 2 of the Subdivision Ordinance contains what he refers to as a "per say rule" which is "runoff before and after the rate is the same." However, this section provides that the Commission has the right to review the drainage and stormwater facilities to determine whether they are adequate and to require adequate stormwater and gutter facilities to ensure adequate drainage. Mr. Elrod stated that the Commission has reviewed site plans previously with less than 20,000 square feet of impervious area, noting that he recommended that the stormwater detention requirements be complied with. 19 fir.. Patricia Neuroth Waiver Request - located on the northwest side of Route 717, 9/10 of a mile before Route 717 intersects with Route 6. Request for a waiver of requirement for 250' of road frontage, to allow only 150' of frontage for a proposed lot. Scottsville Magisterial District. (Tax Map 127, Parcel 5, part of ). Ms. Imhoff presented the staff report. Mr. Bowerman asked if the applicant had any comment. Mrs. Neuroth stated that she 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. Payne pointed out that the Board of Zoning Appeals conditioned their approval on "no further division of the parcel." Ms. Imhoff pointed out the location of the residue (40.68 acres) for the benefit of the Commission. Mr. Davis asked if the requirement for 250' of road frontage applies in this case, noting that he thought this was required for two acre lots. Mr. Payne stated that the requirement for 250' of road frontage does *r+w' apply, noting that the reason for this requirment was to prevent road stripping, pipestems, etc. He pointed out that, in this case, this could be waived noting the topography of the lot and the character of the road. Mr. Davis moved for approval of this request subject to the following conditions: Prior to the signing of the plat noting a creation of 15.312 acre parcel with 40.68 acres in residue (TM 127, portion of parcel 5) the following conditions must be met: a) Note present owner's name on the plat; b) Provide written Health Department approval; c) Provide Virginia Department of Highways & Transportation approval of private entrance. Mr. Cogan seconded the motion, which carried unanimously. NEW BUSINESS: Ms. Imhoff asked if the Planning Commission would like to establish a policy to allow the Planning staff to administratively approve plats where waivers of road frontage requirement is the only issue being considered. Mr. Payne explained that the Subdivision Ordinance and the Zoning Ordinance have similiar provisions, pointing out that the Board of Zoning Appeals will condition their approval on "Planning Commission approval" pointing out that he did not know if Planning staff approval would be deemed the same as Planning Commission approval. Mr. Payne also noted that the 250' of road frontage was established to create a more or less square two acre lot. Ms. Imhoff ascertained that the Planning staff reviews approximately five or ten of these applications per week. Mr. Bowerman stated that he would like to see a history of instances where this has occured in the past. CONCENSUS: The Planning staff is to prepare a report giving instances where this has occured in the past and more information. OLD BUSINESS: Haley, Chisholm & Morris, Inc. - applicant is requesting permission to change the name of the Blue Ridge Forest Subdivision to Spring Lake. In addition, they also request a change in the name of the road to Spring Lake Drive. Ms. Imhoff noted that the Planning Commission approved Blue Ridge Forest Section 2 Final Plat in October of 1982. She also noted that the staff administratively approved a request to allow lots 31 and 32 to enter on the private road because of slope considerations. OR 19 Mr. Davis ascertained that the road that is being developed is consistent with the number of lots to be served. Ms. Imhoff pointed out that Planning staff discourages changes in the names of subdivisions, etc,. because of the work (filing) involved. Ms. Imhoff stated that staff has checked with the Post Office regarding this name and pointed out that there is no conflict with other subdivisions. Mr. Payne stated that it is not a good idea to change the names of subdivisions, frequently, because of title considerations. 91 .3O o n Mr. Skove moved to accept the applicant's request to change the name of the subdivision from "Blue Ridge Forest" to "Spring Lake." Mr. Michel seconded the motion, which carried unanimously. Thacker Construction Company, Inc. requests extension of site plan (Waring Aviation. SDP-81-33 Charlottesville Albemarle Airport Hangar and Office Facility Site Plan). Mrs. Davenport presented the staff report. With no comment from the public, Mr. Bowerman stated that this matter was before the Commission. Mr. Bowerman noted that there Eire several conditions on the original approval (letter dated August 19, 1981), which have not been complied with, pointing out that if the site plan is substantially different it would have to be reviewed by the Planning Commission. Mrs. Diehl moved to approve the request of Thacker Construction Company to extend the expiration date of the site plan until October 31, 1983. Mr. Davis seconded the motion, which carried unanimously. The meeting adjourned at 9:45 p.m. � � �- z -- ;/�C: �, , - >ert W. Tucker, Jr. - Sec ry JD/ N