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
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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:
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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.
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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.
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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.
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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.
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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.
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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,