HomeMy WebLinkAbout09 27 83 PC MinutesSeptember 27, 1983
The Albemarle County Planning Commission held a public hearing on
Tuesday, September 27, 1983, Meeting Room 7, County Office Building,
Charlottesville, Virginia. Those members present were: Mr. David
Bowerman, Chairman; Mr. Mike Davis; Mr. Richard Cogan; Mr. Allen Kendrick;
Mr. Jim Skove; and Mr. Tim Michel. Other officials present were: Mr.
Ron Keeler, Chief of Planning; Mr. Fred Payne, Deputy County Attorney;
Ms. Mary Joy Scala; and Ms. Joan Davenport. Absent: Ms. Norma Diehl.
The Chairman called the meeting to order at 7:30 p.m. and established
that a quorum was present. Approval of Minutes for March 22, 1983 and
July 7, 1983 was deferred to October 4, 1983.
Squire Hill, Section 2, Site Plan - Located on the west side of Route 631,
southeast of Fashion Square Mall and west of the Northfields Subdivision.
Proposal to locate in two phases a total of 223 apartment units on a
17.416 acre site for a density of 12.8 dwelling units an acre. Charlottes-
ville Magisterial District. (TM 61, Parcel 129D)
Ms. Davenport presented the staff report. Staff recommended approval
subject to conditions.
The applicant was represented by Mr. Bill Roudabush and Mr. Ed Bain.
In response to Mr. Roudabush's request, Mr. Roosevelt, representing the
Highway Department, confirmed that curb and gutter would not be required
on the east side, adjacent to Northfields.
There being no public comment, the matter was placed before the
Commission.
Mr. Roosevelt commented on theplans for Rio Road.
Ms. Davenport stated staff had not yet received written approval from
the County Engineer. Mr. Roudabush added that the applicant has
submitted all items which have been requested, and Mr. Elrod has
indicated there are no problems with the plans.
There was a discussion about sidewalks. Ms. Davenport stated staff
would like to see sidewalks constructed, but it would be the first time
they have been required on Rio Road. Mr. Roosevelt added that his
department had recommended that staff consider sidewalks. It was his
feeling that if pedestrian traffic was anticipated, then sidewalks
should be required. Mr. Bowerman noted that no sidewalks had been
required with Fashion Square Mall. Mr. Weinstein, owner of the property,
suggested that sidewalks be bonded.
Mr. Michel moved that Squire Hill, Section 2, Site Plan be approved
subject to the following conditions:
1. A building permit will not be issued until the following conditions
have been met by the applicant:
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September 27, 1983
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a. Virginia Department of Highways and Transportation approval of
commercial entrance;
b. Virginia Department of Highways and Transportation approval of
road plans and profiles for proposed fifty feet (50')
dedicated road;
C. Fire Official approval of hydrant and dumpster locations including
screening of dumpsters;
d. Fire Official approval of handicap provisions;
e. Albemarle County Service Authority approval of water and sewer
plans;
f. County Engineer approval of stormwater detention plans;
g. County Engineer approval of road plans;
h. County Engineer approval of drainage plans and profiles;
i. Planning Staff approval of recreation plan & sidewalk location.
2. A certificate of occupancy will not be issued until the following
conditions have been met by the applicant:
a. Fire Official approval of fire flow;
b. Bonding of traffic light at intersection with Route 631 and
sidewalks along frontage of Rt. 631 to be installed at
the request of the Virginia Department of Highways & Transportation;
c. Dedication of fifty -foot (50') entrance road to property line
(Phase II) at Branchland's PUD and to Fashion Square Mall;
d. Recordation of plat to amend property line between Parcels 129D
and 129E.
Mr. Kendrick 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 Magisterial District. (TM 78, portion of Parcels
17D1, 17D, 17G) Urban Area III)
The applicant was requesting deferral.
Mr. Davis moved, seconded by Mr. Kendrick, that the item be deferred indefinitely.
The motion passed unanimously.
Riverbend Final Plat - Located south of Route 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. (TM 78, Parcels 17D 17G and 15C1)
The applicant was requesting deferral.
Mr. Kendrick moved, seconded by Mr. Cogan that Riverbend Final Plat be
indefinitely deferred. The motion passed unanimously.
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September 27, 1983
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William Coughlin Final Plat - Located off west side of Route 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. (TM 57B,
Parcel A).
The applicant was requesting deferral to October 25, 1983.
Mr. Davis moved, seconded by Mr. Kendrick, that the Coughlin Final Plat
be deferred to October 25, 1983. The motion passed unanimously.
Pepsi Cola Administrative Office Site Plan - Located off the east side of
Route 29, on Pepsi Place Drive. Proposal to locate professional office
building on 1.5 acres. Charlottesville Magisterial District. (TM 61W,
Parcel 2-2)
Ms. Scala presented the staff report.
The applicant was represented by Mr. Bill Roudabush and the developer of the
property, Mr. Jessup. He stated the road is under construction; a soil
erosion permit has been issued and water and sewer plans have been
approved. He added that the applicant had no problems with any of the
suggested conditions of approval.
Mr. Dan Roosevelt, representing the Highway Department, stated the
Highway Department could mt issue a permit for a road that was not in
the State system [referring to condition 1(b)]. He suggested that the condi-
tion be reworded to "Highway Department approval of the plans for the entrance."
Mr. Payne noted that it was staff's intent that the entrance be built
to VDH&T standards and, therefore, Mr. Roosevelt's point was well taken.
There being no public comment, the matter was placed before the Commission.
Mr. Skove moved that the Pepsi Cola Administrative Office 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. Final Service Authority approval of water and sewer plans and
dedication of lines;
b. Virginia Department of Highways & Transportation approval of
plans for entrance:
C. County Engineer approval of stormwater detention plasn;
d. Erosion control permit:
e. Plat recorded showing access easement on adjacent parcel;
f. Final plat approval for Pepsi Place.
2. A certificate of occupancy will not be issued until the following
condition has been met:
a. Final Fire Official approval.
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September 27, 1983 Page 4
Mr. Cogan seconded the motion which passed unanimously.
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Ashcroft Section IV, Phase I Final Plat - Located north of Route 64,
off Lego Drive near the intersection with North Pantops Drive.
Proposal to create 14 lots on 25.24 acres with an average lot size of 1.31
acres. Rivanna Magisterial District. (TM 78, part of Parcel
51E) .
Ms. Scala presented the staff report.
Mr. Kendrick questioned the fire flow requirements as stated in the
staff report (500 gpm at 20 PSI). He felt that was a mistake. Mr.
Keeler explained that the usual requirements is 750 gpm, but this may
be less because of the building separation.
The applicant was represented by Mr. Gary Cooper. He offered no additional
comment.
Mr. Roosevelt, representing the Highway Department, commented on the
waiver request for lot 42. He asked that if the waiver is granted, it
be required that the lot be designed so as to allow a turn -around area
within the lot so that cars can enter head first onto Lego Drive and not
have to back out.
(Mr. Roosevelt also introduced his new assistant, Mr. Jeff Echols.)
Mr. Davis stated he could support the waiver if Mr. Roosevelt's
suggested condition was attached.
Mr. Cooper indicated this could be difficult because the lot would
never be approved by the Architectural Review Committee if the garage
did not face away from the foad.
Mr. Bowerman asked how this could addressed. It was decided that
a condition would be tied to the issuance of a certificate of occupancy.
Mr. Cogan moved that Ashcroft Section IV, Phase I Final Plat be
approved subject to the following conditions:
1. The plat will not be signed until the following conditions have been
met:
a. Owner's signature notarized;
b. Anderson Lane and Court comply with private road requirements,
including:
1. County Engineer approval of drainage plans;
2. County Attorney approval of maintenance agreement;
3. Bond posted;
C. Soil erosion and sedimentation bond posted;
d. Public water must be available;
e. Fire Officer approval;
f. Note on plat: "Only one dwelling per lot;"
September 27, 1983
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g. Conditions of approval of ZMA-80-03 remaining to be met including
(in summary):
1. No grading or construction on slopes of 25% or greater;
2. County Attorney approval of Homeowner's Association agreements;
h. Lego Drive must be constructed or bonded to VDH&T standards from
North Pantops Drive to the far end of lot 44;
i. Note on plat: Lot 39 limited to 3 bedroom house except as otherwise
expressly approved by the Health Department.
2. Waiver of Section 18.36(d) granted subject to provision of on -site
vehicular turn -around on lot 42, prior to issuance of a certificate
of occupancy.
Mr. Davis seconded the motion which passed unanimously.
Harriet and Julian Noble Preliminary Plat - Located off Route 676 near
Glenair Subdivision. Proposal to divide a 100-acre parcel, leaving 31.4±
acres in residue. Samuel Miller Magisterial District. (TM 57, Parcel 75,
part of)
Ms. Scala presented the staff report. Staff recommended approval subject
to conditions.
The applicant was represented by Mr. Larry MacElwain. He asked for a
clarification of which parcels would be served by the private road.
%W (Ms. Scala responded.) He commented briefly on sight distance.
He stated the applicant had attempted to follow the dictates of the
Comprehensive Plan.
The Chairman invited public comment.
Mr. Ryan Kauffman, an adjacent property owner, addressed the Commission.
He stated he had no objection to the proposal, but he would object to
moving his fence or removal of his trees in order to provide sight
distance.
Mr. Michael Thorner stated he was in favor of the proposal, but he asked
that the road remain in its present rural state.
There being no further public comment, the matter was placed before the
Commission.
There was a discussion about road requirements. Mr. Bowerman explained
that if the Commission were to approve the proposal, with staff's conditions,
then VDH&T will insist on the minimum sight distance requirements, and
if that cannot be obtained because the adjacent property owner is unwilling
to cooperate, the the plat could not be signed.
There was some confusion about the issue because the County Engineer
had commented that in his opinion, the road is adequate and there is
no reason to upgrade it.
September 27, 1983 Page 6
The issue of whether or not the Commission could grant a waiver if the
applicant had not requested a waiver was discussed. Mr. Payne explained
it had been the Commission's policy not to grant waivers that were not
requested in writing by the developer. He added that the Ordinance
does require specific standards for a 6-lot subdivision and if the
Commission is to be consistent with past policy, the action should be
to require improvement of the road to the ordinance standards . Mr. Cogan
suggested an alternative would be to allow the applicant to submit a
request for a waiver which then could be addressed at the time of the
final review.
Mr. Davis moved that the Harriet and Julian Noble Preliminary Plat be
approved subject to the following conditions:
1. The final plat will not be signed until the following conditions
have been met:
a. County Attorney approval of maintenance agreement;
b. Virginia Department of Highways & Transportation approval of
a private street commercial entrance;
c. Clarify notes on plat regarding development rights;
d. Final County Engineer approval of the private road.
Mr. Skove seconded the motion.
Discussion:
Mr. Bowerman asked: "It's clear we can approve the preliminary although
the waiver is not addressed?" Mr. Payne responded: "Yes. The effect of
that is, if the final is similar to the preliminary and you do not change
your opinion, then the road has to be approved."
The motion for approval passed unanimously.
H.G. Tull, III Site Plan - Located on the south side of Route 738,
approximately one mile west of Ivy. Proposal to create 5 lots on 5.4
acres with an average lot size of 0.97 acres. Samuel Miller Magisterial
District. (TM 58, Parcel 37C, part of)
Ms. Scala presented the staff report.
The applicant was represented by Mr. Tull. Referring to the density
bonus, he pointed out that the property adjoins the school.
The Chairman invited public comment.
Mr. Russ Seltzer addressed the Commission. He expressed concern about
additional traffic on a heavily travelled road.
There being no further public comment, the matter was placed before the
Commission.
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September 27, 1983
Page 7
Mr. Davis was in favor of deferring the item to October 18 to allow time
for the pending rezoning for this area to be decided.
Mr. Bowerman asked Mr. Payne if there was any precedent for such an action.
Mr. Payne did not give a definitive answer to this question.
Mr. Davis also expressed concern about three highway entrances to serve
five condominium units on one tract of land.
There was a brief discussion about well limitations.
Regarding the issue of deferral until the pending rezoning has been acted
upon, Mr. Keeler stated that staff has historically reluctant to recommend
deferral for that reason because the applicant has submitted his plan
under existing zoning and "to presuppose that the Board of Supervisors
is going to make a change on October 5...really doesn't have any bearing
on what's before you now."
Mr. Davis stated he was still in favor of deferral. Mr. Bowerman recalled
that petitions have been denied because they were not in compliance with
Comprehensive Plan recommendations.
Ms. Scala elaborated on Highway Department comments.
Mr. Bowerman noted he would like more information from the Highway
Department as to why the property cannot be served with one entrance,
or at least only one additional entrance, rather than two.
Mr. Skove moved that the H.G. Tull, III 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. Central well permit from Board of Supervisors;
b. Recordation of a plat dedicating 25' from the centerline of Rt. 738
across the frontage of parcel 37C;
C. 100' minimum separation of buildings as shown;
d. Virginia Department of Highways & Transportation approval of
entrance permit.
Mr. Cogan seconded the motion which passed (5:1) with Mr. Davis casting
the dissenting vote.
Boar's Head Inn Addition Site Plan (Amvest Office Building Site Plan) - Located
south of Route 250 West off Ednam Drive. Proposal to locate a 23,329
square foot office/conference center on 2.92 acres. Samuel Miller
Magisterial District. (TM 59D, Parcel 2, 17)
The applicant was requesting deferral to October 18, 1983.
Mr. Davis moved, seconded by Mr. Cogan, that the item be deferred to
October 18. The motion passed unanimously.
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September 27, 1983
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IBM Office Building Site Plan - Located on the south side of Old Ivy Road
(Route 601) and adjacent to the C & 0 Railroad. Proposal to locate a
13,000 square foot office building on a 1.89 acre parcel. Jack Jouett
Magisterial District. (TM 60, part of Parcel 47)
Ms. Scala presented the staff report. Staff recommended approval subject
to conditions.
The applicant was represented by Mr. Chuck Rotgin. He expressed concern
about the way condition 1(b) was worded. He stated he was under the
impression that if the applicant contains runoff on site, then there
is no need to do anything further downstream. He also asked that the
words "10 foot easement as shown on site plan" be added to condition
1(d) .
Ms. Scala stated she felt it was the County Engineer's intention to
consider downstream effects of this development. She stated that
if the applicant and County Engineer should reach an impasse, the applicant
could request a Commission decision. Mr. Payne interjected that he did
not see a problem. He explained that the County Engineer is required to
review downstream conditions and he did not interpret this condition
to mean (as the applicant seemed to) that the detention pond might be
required someplace downstream. The Commission agreed the condition
had nothing to do with an offsite detention pond.
The chairman invited public comment.
There being no public comment, the matter was placed before the Commission.
There was a discussion as to whether or not to add the words "10 foot
easement as shown on the site plan" to condition 1(d), as requested by
the applicant. It was decided the words "as shown on the site plan"
were acceptable.
Mr. Skove moved that the IBM Office Building 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. Virginia Department of Highways & Transportation entrance permit;
b. County Engineer approval of grading and drainage plans, including
an analysis of downstream drainage structures under Rt. 250 and
the railroad.
C. Soil erosion and sedimentation permit;
d. Plat to be recorded showing Virginia Department of Highways
and Transportation drainage easement as shown on site plan;
e. Final Service Authority approval of water and sewer.
2. A certificate of occupancy will not be issued until the following
conditions have been met:
a. Final Fire Officer approval.
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September 27, 1983 Page 9
Mr. Michel seconded the motion which passed unanimously.
Huntington Village Phase III Final Plat - Located on the north side of
Route 601, about 1/4 mile east of its intersection with Route 250.
Proposal to locate 65 condominium units on 5.949 acres. Jack Jouett
Magisterial District. (TM60B1, Parcel A)
Ms. Scala presented the staff report.
In response to the Chairman's question as to why staff was not
recommending the Highway Department's suggested improvements, Ms.
Scala explained that this is a grandfathered use under an approved
site plan and no no change is being made to the site plan. She stated
no improvements were required with the conversion of other phases.
Mr. Payne added that the Commission could m t require improvements to
the existing public road except what might be related to the entrance
requirements.
The applicant was represented by Mr. Bob Boldgive. He explained that
this was not a conversion as this had already been converted to condo-
miniums.
There being no public comment, the matter was placed before the
Commission.
There was a brief discussion about proposed road improvements.
Mr. Skove moved that the Huntington Village Phase III Final Plat be
approved subject to the following conditions:
1. The final plat will not be signed until the following conditions
have been met:
a. County Attorney approval of condominium regime documents;
b. Note on the plat that unit No. 133 is not to be used as a dwelling
unit.
Mr. Davis seconded the motion which passed unanimously.
There followed a discussion about how the Commission should consider the
issue of competition among existing uses and proposed uses when making
decisions. Mr. Payne stated it was not appropriate for the Commission
to consider the issue of competition among businesses when making
decisions, but it was appropriate for the Commission to consider the
issue of whether or not the proposed use complies with the Zoning
Ordinance.
There being no further business, the meeting adjourned at 10:45.
V. Way Cilimber Se etary
Recorded by: Janice Wills
Transcribed by: Deloris Sessoms 5-90
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