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HomeMy WebLinkAbout08 23 83 PC Minutes2M August 23, 1983 The Albemarle County Planning Commission held a public hearing on Tuesday, August 23, 1983, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. David Bowerman, Chairman; Mr. Corwith Davis; Ms. Norma Diehl; Mr. Jim Skove. Other officials present were: Ms. MaryJoy Scala, Planner; Ms. Kat Imhoff, Chief of Community Development; Ms. Joan Davenport, Planner; Mr. Fred Payne, Deputy County Attorney; and Mr. Dan Roosevelt, Virginia Department of Highways and Transportation. Absent: Commissioners Cogan, Kendrick and Michel. The Chairman called the meeting to order at 7:30 p.m. and established that a quorum was present. The minutes of June 21, 1983 were approved as submitted. Solaris, Lots 6-10 and Revised Lot 5 Final Plat - Located off the south side of the intersection of Routes 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 District. (Tax Map 34, Part of Parcel 50). Deferred from July 26, 1983. Ms. Davenport presented the staff report. Staff recommended approval subject to conditions. The applicant was represented by Mr. Morris Foster. He offered no additional comment. There being no public comment, the matter was placed before the Commission. Ms. Diehl asked a question about the Highway Department recommendations and in particular the entrance requirements. (Ms. Diehl's comments were inaudible.) Mr. Foster explained that all construction will be done with the first phase. He noted also that easements had been obtained to allow the necessary tree trimming for sight distance. Mr. Dan Roosevelt stated that the existing entrance is functioning as a private entrance, but the development of the property will result in a change in the use of the entrance. Mr. Roosevelt stated that though upgrading of the entrance could be required, "we would have to go to court if the developer refused to upgrade the entrance." He added that it would take legal action to close the entrance. It was determined the road was a 14 foot right-of-way serving 10 lots. Mr. Skove moved the the Solaris (Lots 6-10 and revised Lot 5) Final Plat be approved subject to the following conditions: 1. The plan can be signed when the following conditions have been met by �%W the applicant: August 23, 1983 Page 2 a. Virginia Department of Highways & Transportation approval of private street commercial entrance; b. County Engineer approval of road plans and profiles; C. County Engineer approval of compliance with Soil Erosion Control Ordinance; d. County Attorney approval of maintenance agreement; e. Note on plat bearing and distances of drainage easements (lots 9 and 10) tied to property lines, to the satisfaction of the County Engineer. Mr. Davis seconded the motion which passed unanimously. South Briarwood Farm, Lots I-VIII, Preliminary Plat - Located on the east side of Route 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 District. (Tax Map 98, part of Parcel 23). Deferred from July 26, 1983. Ms. Davenport presented the staff report. Staff recommended approval subject to conditions. The applicant was represented by Mr. Murray. He stated the applicant had not objections to the conditions of approval. He described the history of the property and commented on the issue of development rights. He explained this request would use two development rights and though he had no intention of using the other three, he did believe they existed and he wished to retain the right to convey them at some future time. Mr. Payne described his understanding of the development rights issue. He stated he felt the division was made "as of last month when the transaction was closed." He concluded: "It is my opinion that this parcel does not have five independent development rights --it only has 6 development rights as may have been transferred with it upon the conveyance from the 750 acre parcel." There followed a discussion as to how this issue should be approached. Mr. Payne pointed out that the applicant was asking the Commission to make a determination as to the development rights issue. Mr. Payne stated staff's condition would address the issue adequately for the purposes of this stage of the review. He added, however, that if the applicant submits a final plat which assigns five development rights, then the Commission will have to decided at that time how many development rights the property has. Mr. Davis moved that the South Briarwood Farm, Lots I-VIII, Preliminary Plat be approved subject to the following conditions: 1. The plat can be signed when the following conditions have been met by the applicant: J 0,2 August 23, 1983 Page 3 *AW a. Change road name of South Briarwood Drive. b. Note on plat development rights to be assigned to each lot, if any. Mr. Skove seconded the motion which passed unanimously. Mr. Michel requested a chronological list of events of the history of the recordation of the parcel. Hollymead Phase IV Preliminary Plat - Located southeast of the intersection of US Route 29 and Route 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 space. Rivanna District. Tax Map 46, Part of Parcel 29). Deferred from July 26, 1983. Ms. Scala presented the staff report. The report concluded: "Staff recommends that the Planning Commission discuss these areas of concern, take public comments, and then defer action, at the developer's request, until a later meeting." The Chairman invited applicant —comment. The applicant was represented by Mr. Buddy Edwards. He asked for Commission guidance on whether to leave the zoning at RA or to request a rezoning. The Chairman invited public comment. Ms. Karen Powell, representing the Hollymead Homeowner's Association, addressed the Commission. She expressed concern about the recreational facilities. She stated the Association would not be able to continue to maintain the facilities with the increased usage the new development will bring. Mr. Peter delPresto expressed concern about increased traffic on the northern part of Powell Creek Road. There being no further comment, the matter was placed before the Commission. Ms. Scala confirmed this area is not part of the Hollymead planned community. Ms. Diehl expressed some confusion about the identification of the sections. There followed a discussion about the density issue. Mr. Bowerman stated he would like to see plans for the rest of the area to see what density would eventually be achieved. Ms. Diehl felt the traffic decisions should be based on the highest density achieveable. J 63 August 23, 1983 Page 4 Mr. Payne noted the County's interest was in increasing the density, not restricting it. Mr. Bowerman pointed out that this is designated as one of the major growth areas. He expressed concern about the possibility of it developing at a lower density than what was envisioned. Mr. Roosevelt, representing the Virginia Department of Highways and Transportation, commented on the dam. He explained that there were three factors involved: (1) The stability of the dam; (2) The maintenance of the road over the dam; and (3) The size of the road across the dam, to be determined by the way the property on the north side of the dam develops. He stated the size of the road was the main issue because the dam has been determined to be stable. Mr. Bowerman stated he had two main questions: (1) The total population envisioned for this area based upon the density; and (2) The proposed density that will be served by Powell Creek Drive. There was a brief discussion about the population which would result from various zonings. Dr. Hurt, owner of the property, addressed the Commission and indicated that his original intentions for 4 to 5,000 families had changed to 1,000 families. Mr. Bowerman noted that the County had based its plans for the area on Dr. Hurt's original intentions and his current position represented a significant change. Mr. Davis pointed out that this area could not become a part of the Hollymead PUD unless the PUD is amended and the recreational facilities will not be accessible to residents of this section unless such an amendment is made. After further discussion, Mr. Davis moved that the Hollymead Phase IV Preliminary Plat be deferred, at the request of the applicant. Ms. Diehl seconded the motion, which passed unanimously. The item was indefinitely deferred. Riverbend Final Plat - Located south of U.S. Route 250 at the 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 t 22.8 acres. Rivanna District. (Tax Map 78, Parcels 17D, 17G and 15C1). Deferred from July 26, 1983. The applicant was requesting deferral to September 27. Ms. Diehl moved, seconded by Mr. Skove, that the Riverbend Final Plat be deferred to September 27, 1983. The motion passed unanimously. 9 �D� August 23, 1983 Page 5 Hatfield Farms Final Plat - Located off the east side of Route 20, south 1�ft'"° of Rt. 746 and north of Eastham; proposal to divide 20.33 acres into 2 lots of 4.10 acres and 16.23 acres. Rivanna District. (Tax Map 47, Parcel 26C) . There was a brief discussion about development rights. It was clarified that there was 1 development right with the 4 acre parcel and 3 with the 16 acre parcel. The applicant was represented by Mr. Roger Ray and Mr. Pratt. Mr. Ray offered no additional comment. Mr. Pratt asked why he had not received approval of the maintenance agreement which he had submitted to the County Attorney's office two weeks previously. Mr. Payne responded that it was his policy not to review a maintenance agreement until the Commission has acted on a proposal because the plat may not be approved in the same form as originally presented. Mr. Pratt asked that condition l(a)--County Attorney approval of maintenance agreement for the private road --be deleted. He explained that the agreement has been in effect for many years and he questioned the need for Mr. Payne's approval. Mr. Bowerman pointed out that it has always been the Commission's policy to handle maintenance agreement's in this fashion and it has always worked very well. He noted that with a new subdivision there are new property owners involved so it is necessary to review the agreement. There being no public comment, the matter was placed before the Commission. Ms. Diehl moved that the Hatfield Farms 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. County Attorney approval of a maintenance agreement for the private road; b. Bond posted to ensure construction of entrance improvements. Mr. Skove seconded the motion which passed unanimously. Gyurky Final Plat - Located off the north side of Route 692, north of Wavertree Farm and west of Route 689; proposal to create a 53.51 acre parcel leaving 122.5 acres in residue. Samuel Miller District. (Tax Map 71, Parcel 22). Ms. Scala presented the staff report. The applicant was represented by Mr. Forbes Reback. He stated the applicant had no objections to the conditions of approval. He described �krr the applicant's history and how the current proposal had evolved. Js August 23, 1983 Page 6 There being no public comment, the matter was placed before the Commission. Mr. Skove moved that the Gyurky Final Plat be approved subject to the following conditions: 1. The final plat can be signed when the following conditions have been met by the applicant: a. County Attorney approval of a maintenance agreement; b. Note on plat: "Only one dwelling per parcel;" c. Note on plat: "No building permit will be issued until a commercial entrance has been constructed." Mr. Davis seconded the motion which passed unanimously. Ruth Burrus Huff Estate, Lots 1-5, Final Plat - Located on the southwest side of Route 601, south of Route 601 and Route 668 intersection and north of Free Union; proposal to divide 24.658 acres into 5 lots with an average lot size of 4,931 acres. White Hall District. (Tax Map 17, Parcel 20). Ms. Scala presented the staff report. The applicant was represented by Mr. Morris Foster. He noted that there were two small houses existing on lots 4 and 5. There being no public comment, the matter was placed before the Commission. After a brief discussion, Ms. Diehl moved that the Ruth Burrus Huff Estate, Lots 105 Final Plat be approved subject to the following conditions: 1. The final plat may be signed when the following conditions have been met by the applicant: a. Note on plat: "Only one dwelling per lot;" b. Drainage easement location must be delineated on the plat. Mr. Davis seconded the motion which passed unanimously. Ruth Burruss Huff Estate, Lots 1-4 Final Plat - Located on the east side of Rt. 601, north of Route 665 and directly north of Free Union; proposal to divide 12.79 acres into four lots with an average lot size of 3.2 acres leaving 115 acres in residue. White Hall District. (Tax Map 29, Parcel 31) . The applicant was requesting withdrawal. Mr. Davis moved, seconded by Ms. Diehl, that the applicant's request for withdrawal be accepted. The motion passed unanimously. 29 August 23, 1983 Page 7 Riverbend (250 East, southeast corner) Final Plat - Located on the south side of 250 East and on the east side of Riverbend Drive; request to amend a previously required condition of approval which limited access to Riverbend Drive. Presently seeking direct access to 250 East. Rivanna District. (Tax Map 78, Parcel 17F-2). McDonald's Restaurant (250 East) Site Plan - Located on the south side of 250 East and on the east side of Riverbend Drive; proposal to locate a 3,531 square foot fast food restaurant on a 1.132 acre parcel. Rivanna District. (Tax Map 78, Parcel 17F-2 and a portion of Parcel 17F-1). Ms. Scala presented the staff report. Mr. Dan Roosevelt, representing the Highway Department, commented at length on the issue of access to Rt. 250 and the status of Riverbend and S. Pantops Drive. The applicant was represented by Mr. Bill Grimm, Vice President of Jefferson Savings and Loan Association, owner of the property. He read a letter from Mr. Robert Smith (Jefferson Savings and Loan), dated August 17, 1983. He stated that when the property was purchased there was no indication that it would not have adequate access, though there was a note on the plat which stated there would be no access to Rt. 250. He stressed that the property needed reasonable access. Mr. John Eller, representing McDonalds, addressed the Commission. He explained an access proposal which would included right turn in, right turn out onto 250 and a break in the median strip. He noted that this would eliminate u-turns at the end of the median. The Chairman invited public comment. Mr. Mike Newton, representing Hardee's, addressed the Commission. Though he did not oppose the site plan, he pointed out that a very similar proposal made by Hardee's had been denied and if this site plan is approved, then Hardee's will "reopen their case to come up with a similar type access." Mr. Chuck Rotgin, representing the shopping center, addressed the Commission. He indicated he was in agreement with Mr. Newton's position. Dr. Hurt addressed the Commission. He noted that properties across 250 have several entrances onto 250 and if a lot of restrictions are placed on this property, then it will cause more congestion by forcing everyone to use those properties which have ease access. He felt that allowing this property access to 250 would be advantageous because it would at least offer more control over traffic than presently exists with the properties across 250. -qO, August 23, 1983 Page 8 There being no further public comment, the matter was placed before the Commission. Mr. Dan Roosevelt, representing the Virginia Department of Highways and Transportation, explained the history and future plans for Riverbend Drive and South Pantops Drive. He also explained possible traffic conflicts and problems. It was the unanimous feeling of the Commission that the original decision to deny entrance to Rt. 250 remain the position of the Commission. It was also determined to be the consensus of the Commission that no curb cuts be allowed. Mr. Bowerman stated it was his feeUB that any attempt to accommodate the access requests for this applicant would have a very serious negative impact on all the planning which has gone into this area thus far. Mr. Payne explained the courses of action available to the Commission. Ms. Diehl moved that the note on the plat denying entrance to Rt. 250 for this site (Riverbend - 250 East, southeast corner Final Plat) remain (i.e. that access NOT be granted directly to 250.) Mr. Skove seconded the motion which passed unanimously. Mr. Skove moved that the McDonald's Restaurant (250 East) Site Plan be deferred indefinitely. Ms. Diehl seconded the motion which passed unanimously. Fast Food Restaurant (250 East) Site Plan - Located on the south side of 250 East, west of the First Virginia Bank and east of New House Drive and Hardee's; proposal to locate a 2,438 square foot fast food restaurant on a 1.2 acre site. Rivanna District. (Tax Map 78, Portion of Parcels 17D1, 17D and 17G). The applicant requested deferral. Mr. Davis moved, seconded by Ms. Diehl, that the item be indefinately deferred. The motion passed unanimously. There being no further business, the meeting adjourned at 11:05 p.m. . Wayne gilimberg, Recorded by: Janice Wills Transcribed by: Deloris Sessoms 6-90 503,