HomeMy WebLinkAbout09 20 83 PC MinutesM
September 20, 1983
The Albemarle County Planning Commission held a public hearing on Tuesday,
September 20, 1983, Meeting Room 6, County Office Building, Charlottes-
ville, Virginia. Those members present were: Mr. David Bowerman, Chairman;
Mr. Allen Kendrick; Mr. Richard Cogan; Mr. Tim Michel; Mr. Jim Skove; and
Ms. Norma Diehl. Other officials present were: Mr. Ronald Keeler, Chief
of Planning; Ms. Joan Davenport, Planner; and Mr. Fred Payne, Deputy
County Attorney. Absent: Commissioner Davis.
The Chairman called the meeting to order and established that a quorum
was present at 7:30 P.M.
SP-83-58 Chester C. Peavey - Request to locate a mobile home on 6.5 acres
zoned RA, County Tax Map 111, Parcel 51, Scottsville Magisterial District.
Located on Route 717, ±1/2 mile north of its intersection with Route 712.
The applicant was requesting withdrawal. Mr. Cogan moved, seconded by Mr.
Michel, that the applicant's request for withdrawal be accepted. The
motion passed unanimously.
SP-83-60 David H. Thacker - Request to locate a mobile home on 37.5 acres
1r" zoned RA, County Tax Map 133, Parcel 27, Scottsville Magisterial District.
Located on the south side of Route 723, ±one mile southwest of its inter-
section with Route 715.
Mr. Keeler presented the staff report.
Mr. Thacker commented briefly. He stated this would be a new mobile
home and would be hidden from the highway.
The Chairman invited putlic comment.
There was no public comment, but Mr. Keeler called the Commission's
attention to a letter of objection which had been received (from Mr.
Sanchez).
Mr. Michel moved that SP-83-60 for David H. Thacker be recommended to
the Board of Supervisors for approval subject to the following
conditions:
1. Compliance with Section 5.6.2 of the Zoning Ordinance.
2. Mobile home to be located as generally shown on plat marked
"SP-83-60 David H. Thacker" and initialled "RSK 9/20/83."
3. Maintenance of tree buffer from adjoining properties to the reasonable
satisfaction of the Zoning Administrator.
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September 20, 1983
Page 2
Mr. Kendrick seconded the motion which passed unanimously.
SP-83-55 Edith Batten - Request to locate a mobile home on 17.76 acres
zoned RA, County Tax Map 105, Parcel 8C, Scottsville Magisterial District.
Located on eastern side of Route 729, approximately 3/10 mile northeast of
its intersection with Route 728.
Mr. Keeler presented the staff report.
Ms. Batten addressed the Commission briefly. She stated that the
mobile home could be placed back off the road farther. She also noted
that three of the persons objecting also resided in mobile homes.
The Chairman invited public comment.
Mr. James Stoltz expressed his opposition to the request. He felt
this area was becoming "trailer road" and as a result the property
would be valueless.
There being no further public comment, the matter was placed before
the Commission.
Mr. Keeler confirmed there was an existing mobile home already located
on the property.
There was a discussion about other possible sites for the mobile home
on the property. Ms. Batten stated she was willing to move the unit
"back as far as the land would allow." Mr. Bowerman stated that the
property was large enough so that it should allow it to be moved
back considerably and the only additional expense would be related to
the length of the road.
Mr. Skove moved that SP-83-55 for Edith Batten be recommended to the Board
of Supervisors for approval subject to the following conditions:
I. Zoning Administrator determination of mobile home location so as to
minimize adverse visual impact from adjoining properties and public
road; mobile home to be located no closer than 100 feet from any
property line and 150 feet from the public right-of-way.
2. Maintenance of vegetative buffer around mobile home to the reasonable
satisfaction of the Zoning Administrator.
3. Compliance with Section 5.6.2 of the Zoning Ordinance.
Mr. Kendrick seconded the motion which passed unanimously.
Dawson Final Plat - Located on the east side of Rt. 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) '
Ms. Davenport presented the staff report. Staff was recommending denial based
on a determination that the proposal was not consistent with the Subdivision
Ordinance.
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September 20, 1983 Page 3
The applicant was represented by Mr. Gary Whelan. He asked that the
Commission consider the possibility of a maintenance agreement with all
the adjoining property owners. He noted also that the use of the driveway
had been a perscriptive easement since 1972.
Mr. Dawson's daughter, Ms. Mensley, also addressed the Commission. She
stated she was unaware, until this meeting, that there were any problems
with the road. She stated she was buying the property from her father
and was under the impression the property had legal access.
The Chairman invited public comment.
Mr. Phillip Waffle addressed the Commission. He read a letter of
opposition from Mr. James Chisholm, owner of the road serving tbeproperty.
The letter stated that Mr. Chisholm had no intention of giving anyone
right-of-way over the road. He explained that he had constructed and
maintained the road with no assistance from any of the property owners,
including Mr. Dawson, and the road was on his property.
There followed a discussion during which Mr. Payne explained how this
situation could have come about based on the way subdivisions took place
in the early 70's. He concluded that whether or not the action that was
taken in 1972 was legal was irrelevant because the only matter before the
Commission at this time is whether or not the current proposal meets the
existing Subdivision Ordinance.
1%W In response to Mr. Bowerman's question, Ms. Davenport stated that the
existing road touches only one of the pipestems.
Mr. Bowerman referred to the situation as ludicrous.
Based on the fact that there was no documentation confirming legal access,
Ms. Diehl moved that the Dawson Final Plat be denied.
It was noted that for the application to be approvable a public road
would have to be established.
Mr. Skove seconded the motion which passed unanimously.
There followed a discussion as to how go about meeting with the property
owners in question to try to address the access problems. Mr. Keeler
stated he would notify lowners of the pipestem lots of a meeting for
October 4. Mr. Payne cautioned that this was not really the County is
problem and that there were difficult title questions involved.
He stated that each of these property owners should obtain legal
counsel immediately. It was finally decided that the Commission would
not initiate such a meeting but would be receptive to input from the property
owners.
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September 20, 1983 Page 4
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 36,715 square foot shopping
and professional center on 7.75 acres for a major grocery store, restaurant,
retail and professional offices. White Hall Magisterial District.
Ms. Davenport presented the staff report. Staff recommended approval
subject to conditions.
The applicant was represented by Mr. Mark Osborne and Mr. Benn. Mr.
Osborne explained the proposal generally, and the runoff control plans
in some detail.
The Chairman invited public continent.
The following persons expressed their opposition to the proposal: Mr.
Roy Patterson, representing Citizens for Albemarle; Mr. Conway Stanley;
Ms. Patty Sal; Mr. Jim Duffy; and Mr. Rick Richmond, representing a number
of Crozet businesses. Their primary reasons for opposition included:
--Location on a scenic highway;
--Location among three schools;
--Competition for downtown Crozet merchants;
--Traffic problems;
--Attractive nuisance for school children;
--Lack of public sewer.
Mr. Tolbert, representing the school system, did not oppose the application,
but noted concern. He asked that the shopping center include a buffer
zone, preferably with a chain link fence, between their property and the
school. He also asked that no bars or video game ;uses be allowed. He
noted the Education Department would oppose the issuance cf ABC licenses
for any uses.
There being no further public comment, the Chairman invited comment from
various County and State agencies.
Mr. Ira Cortez, the Fire Official, expressed concern about fire protection.
He explained that having a development of this type without adequte fire
flow could effect Crozet's fire rating which would result in increased
insurance rates. He stated that was one of the reasons the fire flow
requirements had been set as they had, to try to keep the rating up.
Mr. Elrod, the County Engineer, commented on runoff control plans and
stated the applicant would have no trouble meeting the requirements.
He did express concern about possible problems with drainfields and
stated these could be avoided by tying to available sewer now and not
waiting for the Inteceptor to be completed.
There was a brief dicussion concerning why Health Department comments had
not been received. Ms. Davenport stated she felt it was a combination
of problems on both the part of the Health Department and the applicant.
September 20, 1983
Page 5
Mr. Skove asked if the landscaping requirements could include the
fence. Ms. Davenport stated the Commission could make that requirement
if so desired, but it was not currently shown on the plan.
Ms. Diehl stated she could not take an affirmative at this time because
of the unanswered questions which she felt were significant, particularly
in relation to runoff, the detention pond, landscape plan, and Health
Department comments. She stated that "under no conditions" would she
be willing to approve the plan with a septic system.
Mr. Bowerman indicated he agreed.
Ms. Diehl moved that the Western Albemarle Site Plan be deferred to
October 18, 1983.
Mr. Skove seconded themotion.
Discussion:
Mr. Bowerman stated he could not support a deferral to the 18th, but
he could support a deferral to October 4. Mr. Kendrick and Mr. Cogan
agreed.
The motion for deferral to October 18 failed (1:4) with only Ms. Diehl
voting in favor.
Mr. Skove moved that the Western Albemarle Site Plan be deferred to
,*me October 4. Mr. Kendrick seconded tbemotion.
The motion passed (4:1) with Ms. Diehl casting the dissenting vote.
Gordonsville Substation Site Plan - Located north of the intersection of
Route 646 and Route 231 near Gordonsville. Proposal to locate a 600
square foot electric substation control house on 9.4 acres. Rivanna Magisterial
District. (Tax Map 37, Parcel 11).
Ms. Davenport presented the staff report. Staff recommended approval subject
to conditions.
The applicant was represented by Mr. Stanley Craun. He offered no
additional comment.
There being no public comment, the matter was placed before the
Commission.
Mr. Michel recalled the history of this project. It was noted that
the State Corporation Commission had initially denied the section
between Gordonsville and Remington. Mr. Michel asked that it be
clearly understood that if the Commission granted approval to this
request that it was in no way an endorsement of a line from the
proposed substation into Charlottesville.
September 20, 1983
Page .6
There was a brief discussion about the Commission's procedure for
this type of application. It was determined that the Commission
was reviewing the substation for compliance with the Comprehensive
Plan and not the lines themselves.
To address Mr. Michel's concerns, it was decided the following
condition would be added: "The Commission does not endorse the
current application for the construction of any lines now pending
before the State Corporation Commission."
Mr. Michel moved that the Gordonsville Substation Site Plan be approved
subject to the following conditions:
1. A building permit may not be issued until the following condition
has been met by the applicant;
a. Virginia Department of Highways & Transportation approval of
commercial entrance.
b. Planning Commission does not endorse the current application
for the construction of any lines now pending before the State
Corporation Commission.
Mr. Kendrick seconded the motion which passed unanimously.
Garth Gate Final Plat - Located on Route 601 adjacent to Foxfield Track.
Proposal to create 5 lots on 29.69 acres with an average I-ot size of
+5.9 acres. Samuel Miller Magisterial District. (Tax Map 43, Parcel
18E) .
Ms. Davenport presented the staff report. Staff recommended approval
subject to conditions.
The applicant was represented by Mr. Tom Lincoln who offered no additional
comment.
There being no public comment, the matter was placed before the Commission.
There was a brief discussion about the differences in the two plats, i.e.
one showed stream sHbak but no building areas, and the other showed
building areas but no stream setback. It was determined that the
plat should show a 100 foot setback. The following condition was
to be added: "100 foot setback from stream to be shown on plat."
Mr. Michel moved that the Garth Gate Final Plat be approved subject to
the following conditions:
1. The plat can be signed when the following conditions hav been
met by the applicant:
a. Compliance with private road provisions including:
I. County Attorney approval of maintenance agreement:
2. County Engineer approval of road plans.
September 20, 1983 Page 7
�%w b. County Engineer approval of drainage plans and computations.
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C. Virginia Department of Highways & Transportation approval of
private street commercial entrance.
d. 100 foot setback from stream to be shown on plat.
Mr. Kendrick seconded the motion which passed unanimously.
Wilco Station/Convenience Store Site Plan - Located off the east side
of the northbound lane of Route 29, approximately 1/4 mile north of
Carrsbrook Drive. Proposal to locate an 1800 square foot building on
a 41,385 square -foot lot. Charlottesville Magisterial District.
(Tax Map 45B1, Parcel 5A9).
The applicant was requesting deferral to October 25, 1990.
Ms. Diehl moved, seconded by Mr. Skove, that the item be deferred to
October 25, 1990. The motion passed unanimously.
Forest Glen Final Plat - Located on the south side of Route 250, adjacent
to the west of Western Albemarle High School. Proposal to create
5 lots on 49.335 acres with an average lot size of 9.867. White Hall
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. Frazier Bell. He noted that
pumping may be required on Lot 6.
There being no public comment, the matter was placed before the
Commission.
There was a brief discussion about the County Engineer's recommendation
that certain portions of the entrance road, in excess of 5% grade,
are to be paved.
Ms. Diehl expressed concern about the entranct in terms of its close
proximity to the school and the traffic problems that would result.
He envisioned a lot of rear -end collisions. She suggested that
the decel lam be widened to allow for two decel lanes. Mr. Cogan
questioned whether there would be sufficient right-of-way to allow
this.
It was pointed out that there probably would not be a lot of traffic
ENTERING the subdivision at the time the buses would be entering the
school site.
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September 20, 1983
Page 8
Mr. Kendrick indicated he understood Ms. Diehl's concern. However, he
stated he could think of no other situation where there was a "turn
lane off a turn lane."
Ms. Diehl was in favor of asking the Highway Department to look at the
situation more closely.
Ms. Diehl moved that the Forest Glen Final Plat be approved subject
to the following conditions, including a waiver of Section 18-36(b)5:
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 Attorney approval of maintenance agreement
2. County Engineer approval of final road plans
b. County Engineer approval of drainage plans, including culverts
for stream crossings to tracts 3 and 5;
C. Compliance with Soil Erosion & Sedimentation Control Ordinance;
d. Compliance with Runoff Control Ordinance;
e. Virginia Department of Highways & Transportation approval of
private street commercial entrance, including further review
of the turn lane serving Forest Glen Drive from Rt. 250;
f. Note on the plat owners address;
g. Provide on plat date permanent reference material to be set.
Mr. Skove seconded the motion which passed unanimously.
Earlysville Forest Section 6,7,8 Final Plat - Located off Route 743 in
Earlysville. Proposal to create 49 lots on 149.98 acres with an
average lot size of 1.508 acres. Rivanna Magisterial District.
(Tax Map 31B, Parcel IA).
Ms. Davenport presented the staff report. Staff recommended
approval subject to conditions.
The applicant was represented by Mr. Greene. He stated the applicant
had no problems with the conditions of approval except he asked
that the water system and dam specifications be tied to the Certificate
of Occupancy rather than the signing of the plat.
There being no public comment, the matter was placed before the
Commission.
There was considerable discussion about Mr. Greene's request regarding
the water system and dam and the timing of their completion. There
was also discussion about the timing of the lake construction in relation
to the different phases. Mr. Bowerman could not recall if phases 1 and
2 had been tied to the completion of the first dam.
Mr. Keeler asked if the applicant would prefer that the completion of
the dams be tied to signing of the plats for 7 & 8 or to actual
development activity for 7 & 8. The applicant responded that he
would prefer that they be tied to the plat.
September 20, 1983
Page 9
Mr. Cogan moved that the Earlysville Forest Section 6, 7 and 8 Final
Plat be approved subject to the following conditions:
1. No plat (Sections 6, 7 8) will be signed until the following
conditions have been met by the applicant:
a. Construction or bonding of all roads to be accepted into the
State secondary system and in accordance with plans to be
approved by the
i) County Engineer
ii) Virginia Department of Highways and Transportation;
b. Installation of street signs;
C. Compliance with Soil Erosion & Sedimentation Control Ordinance;
d. Albemarle County Service Authority approval of water plans for
possible future acceptance;
e. Construction or bonding of all drainage control devices in
accordance with plans approved by the County Engineer;
f. Construction or bonding of central water system in accordance
with plans approved by the County Engineer, and other appropriate
agencies;
g. County Engineer approval of dam specifications for Lakes 3 and 4
and County Engineer and Zoning Department inspection of
dam construction prior to signing Sections 7 and 8;
h. Replace white pine buffer where necessary along Earlysville
Forest Drive;
i. Compliance with ZMA-81-11.
2. Fire Official approval of hydrants and fire flow when public
water becomes available.
Mr. Michel seconded the motion which passed unanimously.
Preston Stallings Office Building Site Plan - Located at the intersection
of Greenbrier Drive and Commonwealth Drive, in the northeast corner.
Proposal to locate a 9,990 square foot office building on a 40,000 square
foot lot. Charlottesville Magisterial District. (Tax Map 61W, Parcel
A9B) .
Ms. Davenport presented the staff report. Staff recommended approval
subject to conditions.
Mr. Stallings was present but offered no comment.
There being no public comment, the matter was placed before the Commission.
Ms. Diehl moved that the Preston Stallings Office Building Site Plan be
approved subject to the following conditions:
1. A building permit can be processed when the applicant has met the
following conditions:
%MW a. Compliance with the Urban Stormwater Detention Ordinance;
b. Compliance with the Soil Erosion & Sedimentation Control
Ordinance;
September 20, 1983
Page 10
c. Virginia Department of Highways & Transportation approval of
commercial entrances;
d. Fire Official approval of hydrant and dumpster locations;
e. Albemarle County Service Authority approval of water and
sewer plans;
f. County Engineer approval of drainage facilities.
2. A certificate of occupancy may be issued when the following condition
has been met:
a. Fire Official approval of fire flow.
Mr. Cogan seconded the motion which passed unanimously.
Crestwood Retirement Village Sales Office - Request for site plan waiver.
Mr. Bowerman noted that this would be handled by staff.
There being no further business, the meeting adjourned at 11:25 p.m.
V. Wayn#"Cilimberg,VSe etary
Recorded by: Stuart Richard
Transcribed by: Deloris Sessoms, 5-90
In
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