HomeMy WebLinkAbout06 18 85 PC MinutesJune 18, 1985
The Albemarle County Planning Commission held a public hearing
on Tuesday, June 18, 1985, meeting room 7, County Office
Building, Charlottesville, VA. Those members present were:
Mr. David Bowerman, Chairman; Mr. Harry Wilkerson; Ms. Norma
Diehl; Mr. Tim Michel; Mr. Richard Gould and Mr. James Skove.
Other officials present were: Mr. Ronald Keeler, Chief of
Planning; Ms. Marcia Joseph, Planner; Ms. Mary Joy Scala,
Senior Planner; Mr. Frederick Payne (entered the meeting at 8:25),
Deputy County Attorney; and Ms. Patricia Cooke, Ex-Officio.
Absent: Mr.Richard Cogan.
The Chairman called the meeting to order at 7:30 p.m. after
establishing that a quorum was present.
The minutes of the June 4, 1985 meeting were approved as written.
ZTA-85-8 - To amend the Zoning Ordinance to provide for a zoning
district designed to accommodate residential facilities dealing
with all aspects of preventive, adaptive and rehabilitative
health services.
Mr. Keeler gave the staff report.
Mr. Keeler confirmed this is contemplated as a use in the
Rural Areas only, by special use permit. He explained that
staff had originally proposed a special district for this use,
but Mr. Payne was in favor of the use being handled through
a special use permit approach.
Mr. Keeler confirmed that the majority of the guests would
be "overnight", with the length of the stay dependent on the
regimen of the facility.
Mr. Michel stated he felt the proposal should provide for
overnight use so as to avoid the possibility of a "grand sports
club" developing.
Mr. Bowerman stated the proposed wording seemed to be designed
primarily for the rural areas, though the use could work in
other areas as well.
Mr. Keeler stated staff had originally contemplated the same
type of use with two different intensities. He stated the
current proposal has a rural character while others that
have been discussed were more intensive uses which take on
a more commercial aspect.
Mr. Bowerman asked if the proposed language would work for an
urban -type setting.
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June 18, 1985
Page 2
Mr. Keeler responded that he was unsure as to whether or not
the language would accommodate the other types of uses as
suggested by Mr. Bowerman.
The Chairman invited comment from Mr. Bain, who represents
the current applicant for this type of use.
Mr. Bain stated he would like for "dining facilities" to
be added under Supplementary Regulations, Accessory Uses (2.b).
He stated that it makes no difference to the applicant if
this is handled as a special use or through a special district.
There being no public comment, the matter was placed before
the Commission.
Mr. Keeler stated if the Commission wishes to go with the
special permit approach, the issue must be re -advertised,
and can be placed on the July 9 agenda.
Mr. Keeler explained that staff views this proposal as a rural
resort similar to the Greenbrier. He said the others which
have been discussed are similar to hospitals.
Mr. Gould asked if it would be up to the Commission's
discretion to require public water for such facilities.
Mr. Keeler stated it would be up to the Board to determine
where public water and sewer would be permitted.
Mr. Skove indicated he was also concerned about this issue
since it seems that a small village is contemplated and
most rural areas are not served by public sewer and water.
Mr. Keeler stated that the Board has, from time to time,
extended the jurisdictional areas.
Mr. Bowerman stated he had spoken with Mr. Payne about this
issue and Mr. Payne felt that because this is not a use for
several residences, the service authorities might not want
to get involved and the jurisdictional areas would not have
to be extended. A private facility could be operated
independently and if it should fail, the institution would
either have to correct the situation or close down.
Mr. Skove stated this raises two main questions: (1) Should
the service authority be extended to such a use; and (2) Should
small seperate treatment facilities be approved.
Mr. Keeler pointed out that only one owner would be effected if
a seperate water or sewer system should fail, rather than
several owners as in the case of a subdivision.
Mr. Bowerman indicated this was his view also.
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June 18, 1985
Page 3
Mr. Bowerman stated he was leaning towards the special permit
approach since he feels it gives the Commission and the Board
more control. He added, however, that he would like for the
language to be applicable to other than the rural areas, with
those zoning types clearly defined.
Regarding the accessability to public streets, Mr. Keeler stated
it would be up to the Commission to determine whether the
streets were adequate, and the same type of review would be
employed as with any type of development.
Mr. Michel stated he agreed with Mr. Bowerman that a special
permit approach is preferable. However, he stated he felt
this is specifically geared to a rural resort only, and he
added he felt this is very different from what might occur in
the urban area.
Mr. Keeler suggested that the Commission move forward with
this proposal at this time and if a firm application is
received for the urban area at a later time, different
language can be developed at that time.
In response to Mr. Skove's question, Mr. Keeler stated he felt
the special use permit would address the concern of minimum lot
size.
Ms. Diehl moved that a Resolution of Intent be adopted to treat
vacation fitness resorts as a special use in the rural areas.
Mr. Bowerman confirmed that this would include dining facilities.
Mr. Skove seconded the motion which was unanimously approved.
Greene Gardens Nursery Site Plan - Proposal to create a total
of 4,620 square feet of retail space, 16,649 square feet of
greenhouse sales space, 40,000 square feet of exterior nursery
sales space served by 95 parking spaces. Acreage of site is
6.37± acres, zoned C-1 Commercial. TM 45, parcels 104 and 104B,
located on the east side of Rt. 29N just north of intersection
of Rt. 29N and Rio Road, Charlottesville Magisterial District.
Ms. Joseph gave the staff report.
Ms. Joseph confirmed that full frontage improvements are
contemplated from Albemarle Square to Woodbrook Village.
There being neither applicant nor public comment, the matter was
placed before the Commission.
Ms. Joseph stated that staff is suggesting that the Commission
require the applicant to use public water to water the stock
so as to prevent the possibility of the water lines becoming
intertwined and contaminated water getting into the public
water system.
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June 18, 1985 Page 4
Ms. Joseph confirmed that condition (l.e.)--Service Authority
approval of water and sewer plans, including purging the *490
existing water lines within the building with disinfectant --
requires connection to public water.
Ms. Diehl recalled that the applicant had been concerned about
using public water to water stock since sewage charges are
based on the amount of water used. It had been suggested to
the applicant that it might be possible to work out some sort
of arrangement with the Service Authority to make adjustments
for this.
A representative of the applicant stated that there are also
problems with the water supply and the applicant is looking
to the Commission for guidance as to the best course to follow.
Ms. Joseph pointed out that the applicant had been required,
at the time of the last site plan approval, to connect to
public water for domestic use (within the building), but
that has not been done.
Mr. Keeler pointed out that the Service Authority has stated
that under no circumstances is any of the well water to get
into the public system. However, he stated that it might be
possible for the applicant to work something out with the
Authority to use the well water to water the stock. Mr.
Keeler suggested that condition (l.e.) might be changed to
read: "Service Authority approval of water and sewer plans
and connection to same."
Ms. Joseph confirmed that the County Engineer feels the detention
concerns can be addressed.
It was determined that the requirement for connection to public
water should be placed on the certificate of occupancy rather
than on the building permit. Thus, rather than changing (l.e.),
(2.b.) should be added as follows: "Connection to public water
and sewer."
Mr. Gould moved that the Greene Gardens Nursery Site Plan
be approved subject to the following conditions:
1. A building permit can be issued when the following
conditions have been met:
a. County Engineer approval of grading and drainage
plans and computations;
b. County Engineer approval of stormwater detention plans
and computations;
C. Issuance of an erosion control permit;
d. Virginia Department of Highways & Transportation
approval of entrance and closing of existing private
entrance;
e. Service Authority approval of water and sewer plans,
including purging the existing water lines within
the building with disinfectant;
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June 18, 1985
Page 5
f. Fire Official approval of hydrant locations and dumpster
location;
g. Planning staff approval of technical items and land-
scape plan.
2. A certificate of occupancy can be issued when the following
conditions have been met:
a. Fire Official final approval of fireflow and hydrant
location.
b. Connection to public water and sewer.
Mr. Wilkerson seconded the motion which was unanimously approved.
Eastham Agricultural District - Proposal to locate a new agricultural/
forestal district consisting of 764.75 acres on the east and west
sides of Rt. 20 North and on the north and south sides of Rt. 612
near Eastham. Tax Map 63, parcels 1, 1A, lAl, 2, 4, 26, 27
and 28. Rivanna Magisterial District.
Ms. Scala gave the staff report. She stated that the Commission
must take action at this time. She added that after a report is
received from the Advisory Committee, around July 16, a public
hearing will be scheduled in August.
In response to Mr. Skove's questions, Ms. Scala confirmed
w that there is quite a bit of development on Rt. 20 up to this
point. She added that there are two state roads located within
this proposal, both of which have very poor sight distance.
M
Ms. Scala stated that staff will also make a report on this proposal
which will be ready at the time of the public hearing.
Ms. Diehl moved that the Eastham Agricultural/Forestal District
be referred to the Advisory Committee.
Mr. Skove seconded the motion which was unanimously approved.
Gray Bryan Final Plat - Proposal to divide one 4-acre parcel on a
private access easement leaving 8.03 acres residue, located
on the northeast side of Rt. 654 (Barracks Road) adjacent to
Montvue Subdivision. Tax Map 60, Parcel 69A, Jack Jouett
Magisterial District.
Ms. Scala gave the staff report. She added that after reviewing
this proposal she did not think any of the problems would
materialize. She stated also that Health Department approval
has been received and a maintenance agreement for the private
road has been approved by the County Attorney (thus condition
2. is no longer needed).
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June 18, 1985
Page 6
Ms. Scala explained that if the applicant continues to use the
existing right-of-way, then a waiver is needed (of section 18.36(f).
However, if the applicant gives up the right to that right-of-way
then a waiver will not be needed since he will be limiting himself
to using only one entrance.
The applicant stated he had no objections to giving up his
right-of-way on the northwest boundary. He offered no further
comment.
The being no public comment, the matter was placed before the
Commission.
Ms. Scala suggested the addition of the following condition:
"The applicant shall waive his right to use the adjacent
right-of-way to the north."
Mr. Michel moved that the Gray Bryan Final Plat be approved
subject to the following conditions:
1. Future division of the residue will require a public
road and a commercial entrance.
2. No additional entrances on Rt. 654 to serve residue.
3. Applicant shall waive his right to use the adjacent
right-of-way to the north.
Ms. Diehl seconded the motion which was unanimously approved.
North Pines Emergency Access Easement - Request to delete a
portion of the North Pines Subdivision emergency access easement
to Rt. 606. The applicant is proposing to delete the portion from
Wisteria Drive across Lot 114. Tax Map 20, parcel 200.
Mr. Keeler gave the staff report.
Mr. Keeler confirmed that if the easement is abandoned in
this section, the remainder of the easement is "worthless."
He added that if the Commission wishes to deal with the entire
easement, it will be necessary for the property owners involved
to be notified and it will be up to them whether or not they
wish to abandon the easement.
(Note: Mr. Payne entered the meeting at this point.)
The Chairman invited applicant comment.
Mr. James Cosby, attorney representing Mr. and Mrs. Thomas
Cross, addressed the Commission. He explained that the
easement is so close to the applicants' house that it prevents
full use of the property, and since the easement is not needed,
the applicants are requesting that it be deleted.
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June 18, 1985 Page 7
There being no public comment, the matter was placed before the
Commission.
Ms. Diehl indicated she was uncomfortable with the fact that
the area will no longer have a secondary access in case of
an emergency.
Mr. Keeler stated a four -wheel -drive vehicle could probably
reach the property, but not a large vehicle such as a fire
truck. He stated there was no other possible access to his
knowledge.
Mr. Michel indicated he agreed with Ms. Diehl, but added that
it does appear that the access is not functional.
Mr. Wilkerson stated he was in agreement with staff and moved
that the North Pines emergency access easement, across Lot 114,
be deleted.
Mr. Michel seconded the motion.
Mr. Bowerman stated that he would not be in favor of deleting
the easement if it were solely for the benefit of the
applicant since he knowingly purchased the lot with the
easement across it; however, he agreed that the easement does
not appear to be functional.
The above stated motion to delete the access easement was
unanimously approved.
Regarding the issue of the method to be followed in the
abandonment of the easement across the other lots, Mr. Payne
stated that the lot owners involved would need to propose an
amended subdivision plat, and the Commission could authorize
staff to approve such an amended plat.
It was the consensus of the Commission that staff be authorized
administrative approval of an amended subdivision plat showing
deletion of the remainder of the easement.
SP-85-31 Woodlane Partnership - Request to build a professional
office building on a 1.492 acre site. In accordance with Section
17.2.2(11) of the Zoning Ordinance. Located on the east side
of Rt. 743, 300 feet north of Whitewood Road. Zoned R-10.
Tax Map 61, parcel 23B. Charlottesville Magisterial District.
Mr. Keeler gave the staff report. He added that this property
does not abut any useable residential property. He also
stated that the size of the building may be limited at the
discretion of the Commission. (The Highway Department has
indicated that a gross floor area of 8,300 square feet would be
comparable to residential development of the property in terms
of traffic development (100 vehicle trips/day). Mr. Keeler
June 18, 1985
Page 8
stated that a gross floor area of about 15,000 square feet
could be anticipated, which would increase the traffic generated
to 180 vehicle trips/day.
Mr. Keeler stated tYat the Comprehensive Plan was amended to
show this area for commercial offices and four out of five
parcels that were expected to be re -zoned have been re -zoned.
He stated this is a use by special permit in the R-10 district,
and is limited to professional offices, while if this were
rezoned to commercial offices, any type of offices would be
allowed in addition to several other uses by right.
The Chairman invited applicant comment.
Mr. Roudabush, representing Woodlane Partnership, addressed the
Commission. He stated that numerous attempts to develop
the property into residential use have not succeeded, primarily
because it is surrounded by commercial property. He asked
that the building not be limited to 8,300 square feet as
recommended by the Highway Department. He pointed out that
no other property in the area has had their floor area limited.
He also pointed out that public utilities are available and
the property is not in the watershed.
There being no public comment, the matter was placed before the
Commission.
Mr. Bowerman asked if staff contemplated any screening or fencing
in front of the cemetery if the rock wall is removed.
It was determined the rock wall is in the Highway Department
right-of-way, and Mr. Keeler stated he was not aware of any
previous agreement between this property owner and the
owner of the cemetery which required replacement of the
wall.
It was determined the rock tia71 is rct "between this property and
the cemetery" but is across Rt. 743. Mr. Roudabush pointed
out that the only part of the rock wall that will have to be
removed to obtain sight distance is a small part across the
front of this property, not what is in front of the cemetery
itself.
Mr. Bowerman asked Mr. Roudabush what is contemplated for the
building if the gross area is not restricted.
Mr. Roudabush responded that there are no definite plans at
this time, but estimated that the building would be no more
than 12,000 to 15,000 square feet. He confirmed that the
15,000 square feet referred to by staff would be the maximum.
Ms. Diehl indicated she would not be in favor of generating
more traffic than would be allowed at this time, but she added
she would be in favor of allowing the applicant to increase
the size at a later time after highway improvements have been
made.
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June 18, 1985
Page 9
Mr. Roudabush pointed out that the Highway Department's
recommended floor area was based on gross floor area rather
than net area. He stated that a limitation made on gross
floor area is a "severe" limitation.
Mr. Keeler confirmed that staff would expect that the
maximum floor area would not be greater than 15,000 square
feet.
Mr. Skove stated if the condition is left as is, the applicant
can ask for an amendment at the time the site plan is reviewed.
Mr. Roosevelt (Highway Department) stated that this section
of Hydraulic Road is not currently in the Six -Year Plan for
improvement.
Mr. Bowerman stated he was hesitant to limit the size of the
building in view of the fact that the uses in this area are
predominantly commercial and the fact that the zoning has not
been changed on this property since tYe,: n=_w ordinance was
adopted. He added that he felt this is a legitimate location
for this type of proposal. However, he stated he understood
staff's concerns about traffic generation.
Ms. Diehl stated she felt it was justifiable to limit it based
on traffic generation. She added, however, that she felt it
should not be a permanent limitation, but only until road
improvements could be made.
Mr. Skove moved that SP-85-31 for Woodlane Partnership be
approved subject to the following condition:
1. Office development limited to 8,300 square feet of
gross floor area.
Ms. Diehl seconded the motion which was approved (4:2), with
Ms. Diehl, Mr. Gould, Mr. Michel and Mr. Skove voting in
favor and Mr. Wilkerson and Mr. Bowerman voting against.
The matter was scheduled to be heard by the Board on July 17, 1985.
The meeting recessed at 9:00; reconvened at 9.15
SP-85-32 Rivanna Water & Sewer Authority - Request to construct
a hydropower generating station within the 100 year floodplain
of the South Rivanna River, in accordance with Section 30.3.5.2.1.6,
reference 5.1.26 also Section 10.2.2.39, reference 5.1.26 of
the Zoning Ordinance. Property, described as a 72-acre site,
located on the west side of Rt. 29N adjacent to the South Rivanna
dam at the South Rivanna Water Treatment Plant. Zoned RA, Rural
Areas. Tax Map 45, parcel 66A, 67. Charlottesville Magisterial
District.
Mr. Keeler gave the staff report.
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June 18, 1985
Page 10
Mr. Keeler added that the application is in a "posture" to
be approved.
It was determined the pipe already exists, but the usage will
be increased.
Mr. Keeler stated the concern is about the oxygen content of the
water downstream and the oxygen will be monitored at the Rt. 29
bridge, as recommended by the State.
The Chairman invited applicant comment.
Mr. George Williams, Executive Director of the Rivanna Water
and Sewer Authority, addressed the Commission. He explained
the purpose of the project is to utilize the water discharge
from the dam and convert it to electricity, most of which
will be used on site. He envisioned the project to be operational
by fall of 1986. He added this would also serve as a standby
generator in the event of a prolonged power outage. He
stated the energy would be used to operate the pumping facility
to get the water up to the storage tanks and to operate filters.
He confirmed that some excess is anticipated and may be sold
to VEPCO in the initial years of operation, but eventually it
will all be used on site. He confirmed that the project will
be financed by revenue bonds. He confirmed that Buck Mountain
will discharge water to this plant by either stream or pipe
and the plant will be expanded to accommodate that. He confirmed
that to maintain more effective water quality control, some
water will be going over the dam at all times.
There being no public comment, the matter was placed before the
Commission.
Mr. Williams stated this project would have no effect on
the "fall turnover."
Ms. Diehl moved that SP-85-32 for Rivanna Water and Sewer
Authority be approved subject to the following conditions:
1. County Engineer approval in accordance with requirements
of 30.3 FLOOD HAZARD OVERLAY DISTRICT and 5.1.26
HYDROELECTRIC POWER GENERATION.
2. Staff approval of site plan after review by Site Review
Committee.
3. Comments of this report to be considered in all approvals.
Mr. Skove seconded the motion.
Mr. Payne confirmed that a seperate review for compliance with
the Comprehensive Plan is not required since that is understood
to be considered at the time of the special permit review.
The above stated motion for approval was approved unanimously.
The matter was scheduled for Board review on July 17, 1985.
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June 18, 1985
Page 11
M
ZMA-85-16 Hollymead Land Trust, Albemarle Bank & Trust - Request
to rezone ±32 acres from R-1 Residential to HC, Highway
Commercial with proffer as to limitation of access. Property,
described as Tax Map 32, parcels 42 (part) and 36 (part) is located
in the southeast quadrant of the U.S. Rt. 29N/Rt. 649 (Proffit
Road) intersection. Rivanna Magisterial District.
Mr. Keeler gave the staff report, which included staff's inter-
pretation of a plan proposing certain limitations and measures.
(An actual proffer document has not yet been submitted.)
Staff's report also included a plan for phasing of improvements
with certain recommended access points. This plan included
the recommendation for the closing of certain existing crossovers.
Mr. Keeler confirmed tYat the four steps recommended by staff
do not necessarily have to be accomplished in that sequence.
Mr. Keeler stated that staff's plan has attempted to tie the
applicants' proposal for accesses to the Rt. 29N Corridor Study.
Though Mr. Keeler had stated that no formal proffer had yet
been made, Mr. Smith, representing the applicant, corrected Mr.
Keeler and stated that a written proffer had been given to Mr.
Keeler. After checking his files, Mr. Keeler confirmed that
this was so and distributed copies of the proffer to the
Commission.
stated
Mr. Keeler/that what has been submitted is a plan which shows
four major points of access and an additional minor access to
the Tri-Ton property. He explained that when future applicants
wish to establish access to Rt. 29, they would be required to
do so at one of these points.
Mr. Smith confirmed that the plan which has been submitted
conforms to the written proffer.
Regarding the proposed third lane, Mr. Smith explained the
concept was not to commit to building the full third lane (1,500 feet)
when only a 200 foot lot will be used initially.
In response to Mr. Michel's question, Mr. Smith explained that
Tri-Ton needs two entrances, close together, because service
stations must have an "in" and an "out", since tractor trailers
will be using the stations.
The Chairman invited further applicant comment.
Mr. Smith addressed the Commission. He stated the applicant
is concerned about that part of the staff's plan which
recommends tha6 twhe developers close existing crossovers
and construct/ones. He felt it should not be the developers'
problem to change crossovers which the Highway Department
has constructed. He also questioned the need to close
the northern -most crossover which serves Mercer Carpets.
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June 18, 1985 Page 12
Mr. Smith stated the proposed use for the property is a convenience
store/gas station. He stated that it would not be a truck stop.
The Chairman invited public comment.
Ms. Mary Jo Lovelace addressed the Commission. She was concerned
about the large tract of land that is involved in the request,
i.e. 32 acres from Residential to Highway Commercial. She felt
this was excessive. She questioned what the rest of the property
would be used for if only five acres is to be used for the current
proposal.
Mr. Kenneth Maupin, owner of a service station located across
from one of the crossovers that is proposed to be closed, addressed
the Commission. He was opposed to the closing of this crossover
being tied in with the granting of this application.
Responding to Ms. Lovelace's remarks, Mr. Smith pointed out that
the applicant had previously tried to rezone just the five acres
but that had been turned down because the Commission had wanted
to see the "whole picture."
Mr. Dan Roosevelt, representing the Highway Department, addressed
the Commission. He asked the Commission to be mindful of the
process that would have to be followed if crossovers were to
be closed, i.e. public hearings must be held by the Highway
Department, and at that time the Highway Department would expect
the County to support the closing of the crossovers. He also
pointed out that the access to North Hollymead would fall
somewhere along this frontage and he had heard nothing in
tonight's plans which would protect this access.
Mr. Wilkerson asked Mr. Roosevelt to explain what he meant by
the statement that "the Highway Deparment would expect the
Commission to support the closing of the crossovers."
Mr. Roosevelt explained that there would be public opposition
to the closings and the Highway Department would expect the
County to say we support the closing and re -location of
these crossovers because it is in accordance with a plan
that we have adopted for Rt. 29 North Corridor Study, or
it is in accordance with a plan that we have adopted for the
development of this 32 acres of commercial property and we
support the staff's and Highway Department's recommendation that
these crossovers be closed." He added that he did not think
there would be any public support for these closings, nor any
support from this developer.
had
Mr. Roosevelt stated he had not/time to study the proposal
that has been presented by staff and the applicant, nor has
he seEn the proffer.
Mr. Roosevelt stated he was familiar with the two crossovers
that are proposed to be closed and that they have less than
adequate sight distance, i.e. if they were not already in
existence the Highway Department would not allow them at this
time.
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June 18, 1985
Page 13
In response to Mr. Wilkerson's question, Mr. Roosevelt stated
he did not think the Highway Department would allow the construction
of the newly proposed crossovers unless the two existing ones
are closed because the spacing would be too close. Regarding the
recommendation for a heavily -used commercial entrance close to
these crossovers, the Highway Department would recommend that
the existing crossovers at least be modified, if not closed.
Ms. Diehl asked Mr. Roosevelt to comment on the entrances that
have been proffered.
Mr. Roosevelt stated the four entrances seem to meet the County's
adopted policies, i.e. that the entrance be either at the cross-
over or at least 500 feet from the crossover. He stated the
fifth entrance was a surprise and would like to see a site plan
before commenting.
Mr. Roosevelt7iadthe traffic generation figure for the year
2000, for this area, was based upon the zoning as shown in the
Comprehensive Plan, and it was his understanding that this area
was proposed for Highway Commercial zoning. He added that a
road system is being considered by the year 2000 which he did
not feel there would be money enough to finance.
Mr. Roosevelt stated that he felt the improvements that are
proposed will alleviate the problems on this part of Rt. 29,
but will do nothing to relieve problems at Hydraulic and Rio
Roads. He confirmed that Highway Commercial zoning would
definitely generate more traffic than Residential zoning.
Mr. Michel asked Mr. Roosevelt if he would like more time
to study the proposal. Mr. Roosevelt responded that he did
not think the Highway Department should influence the County's
zoning.
Mr. Maupin once again addressed the Commission and asked that
closing of the crossovers not be tied in with the rezoning
at this time, but to at least wait until the time the site
plan is reviewed.
There being no further public comment, the matter was placed
before the Commission.
Mr. Payne stated he did not feel the Commission should act on
this proposal at this time for the following reasons:
--The proffer is not adequate procedurally or substatively
in this form.
--The proposal contains a lot of ambiguity and does not
tie down what it is addressing.
--The phasing as recommended by staff is not reflected
in the proffer. (He pointed out that neither the
staff nor the Commission can tell an applicant what to
proffer. )
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June 18, 1985
Page 14
--The seperation requirement for crossovers is clearly specified in
the Ordinance and the Commission does not have
the authority to alter that requirement.
--The file does not contain any evidence that Mr.
Smith has authority from the applicant to make the
proffer.
Mr. Payne stated that if the Commission is contemplating
denial of the proposal, then there is no problem, but if
approval is contemplated, then these matters need to be
tied down.
Mr. Keeler indicated he would like more time to study the
Highway Department's comments. He added that he would be
reluctant to recommend approval of an application which
is tied to the closing of a crossover which requires a
public hearing by another body, i.e. the Highway Department.
Mr. Keeler stated that the issue is scheduled for the Board
on July 17 and staff could bring it back to the Commission
on July 9.
Mr. Bowerman indicated the date set for hearing the matter
again should be based on however long it takes staff to
adequately review the issue rather than being based on
when it is to be heard by the Board.
Mr. Michel asked if, in January 1984 when this was believed
to be consistent by the staff, was that prior to Dr. Hurt's
downzoning of several parcels in Hollymead.
Ms. Diehl indicated, because of the large tract of land
involved, that she would prefer to see a planned development
approach.
study
It was determined that a traffic impact/was desirable also.
Mr. Wilkerson moved that ZMA-85-16 for Hollymead Land Trust
be indifinitely deferred.
Ms. Diehl seconded the motion which was unanimously approved.
Mr. Keeler went over a preview of upcoming agendas.
There being no further business, the meeting adjourned at 10:50 p.m.
DS
%A&MOA D n -AAAAAA
ames R. onn 0 Secretary
y,
9
/n 7