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HomeMy WebLinkAbout06 26 84 PC MinutesJune 26, 1984 The Albemarle County Planning Commission held a public hearing on Tuesday, June 26, 1984, Meeting Room 7, County Office Building, Charlottesville, VA. Those members present were: Mr. David Bowerman, Chairman; Mr. Jim Skove; Mr. Richard Cogan; Mr. Richard Gould; and Mr. Tim Michel. Other officials present were: Ms. Pat Cooke, Ex-Officio; Ms. Amelia McCulley; Ms. MaryJoy Scala; and Mr. Fred Payne, Deputy County Attorney. Absent: Commissioners Wilkerson and Diehl. Bri s-Waff Preliminary Plat - Located off the west side of Rt. 645 near Orange County line. Proposal to divide existing parcel into two parcels of 100 acres and 40 acres, served by a private road. Tax Map 36, Parcel 37. Zoned RA, Rural Areas. Rivanna Magisterial District. Ms. Scala gave the staff report. The report stated there were no problems with the plat and that the County Engineer had recommended approval. Staff also supported the applicant's request for administrative approval of the final plat. Staff provided recommended conditions of approval including the 'addition of (d) as follows: "The question regarding right-of-way and adjacent owners shall be resolved before the plat is signed." Regarding the applicant's request for a waiver of the 30' right-of-way requirement under Section 18-36(g), Ms. Scala explained that one of the things that can be waived is the width of the right-of-way if there is an existing right-of-way, provided that right-of-way is sufficient width to accommodate whatever road improvements are required. She stated that the County Engineer felt that right-of-way was adequate for the lots that are proposed. The Chairman invited applicant comment. Mr. Briggs was present but offered no additional comment. The Chairman invited public comment. Mr. Frank Walker, representing the Gibsons and the Marshalls, addressed the Commission. He stated the concern of both his clients was the same, i.e. the issue of right-of-way across this applicant's property. He quoted a description of the right-of-way from an old deed. He stated that without this right-of-way the value of the Gibson property would not be as high. He asked that this issue be resolved now so as to avoid the possibility of later problems. Mr. Briggs, the applicant, addressed this issue. He stated he was familiar with the deed and was aware that a right-of-way had existed at one time but that it had been abandoned 26 years ago. He asked how long such a right-of-way would continue, particularly if there was other access to the property. o�V� June 26, 1984 Page 2 V1r. Walker responded ana stated that the question of another access was not relevant and the question of 'whether or not this is an abandoned right-of-way must be decided. He pointed out that Dr. Marshall had had the right-of-way cleared 10 to 12 years ago to permit travel on it two or three times a year "for this very purpose." There being no further public comment, the matter was placed before the Commission. �1r. Bowerman asked if the Commission was in favor of deferral to allow time for the right-of-way issue to be resolved. Mr. Skove indicated he could agree either to deferral or to the addition of condition (d): • The question regarding the right-of-way and the adjacent owner to be resolved before the plat is signed. It was the consensus of the Commission that the item be deferred. Mr. Gould moved that the Briggs-Waff Preliminary Plat be indefinitely deferred. Mr. Michel seconded the notion which passed unanimously. Free Will Baptist Church Revised Site Plan - Located on the east side of Rt. 742 (Avon Street Extended). Proposal to locate a 6,400 square foot church building and 49 parking spaces on 3.9 acres. Tax Nap 90, Parcels 35B and 35E. Scottsville Magisterial District. Zoned R-1 with special use permit. Ms. Scala gave the staff report. The Chairman invited applicant comment. The applicant was represented by Mr. Blane Wade. He offered to answer questions. There was some discussion about recommended frontage improvements. It was.det.ermined curb and gutter existed on the adjacent property but Mr. Wade pointed out that property was zoned Highway Commercial and this property was zoned R-1. Mr. Echols, representing the Highway Department, indicated the recommendation was an effort to maintain consistency. There being no public comment, the matter was placed before the Commission. Discussion centered around entrance improvements and parking and driveway areas. (Many of these comments were inaudible.) Though staff felt that a "12' paved lane with curb and gutter is not required on the north side of the entrance for drainage reasons," Ms.. Scala indicated that if it is felt that these improvements were necessary to tie into the remainder of the property when it develops, for safety reasons, then these improvements could be required. It was determined the parking lot would be gravelled. June 26, 1984 Page 3 Mr. Cogan stated he was in favor of curb and gutter on both sides of the entrance. Mr. Skove felt it probably could be required if it was a real threat to safety. Mr. Bowerman felt that not requiring full frontage improvements would be a change from what has been done in the past. He stated: "We've been getting full frontage improvements wherever we thought it was necessary (since the Hilton decision)." Mr. Gould moved that the Free Will Baptist Church Revised Site Plan be approved subject to the following conditions: a. County Engineer approval of revisions to drainage on entrance road. b. Issuance of an erosion control permit. c. Stormwater detention will be required if the parking lot is paved in the future. d. Virginia Department of Highways and Transportation approval of commercial entrance including frontage improvements with full width turn lane and curb and gutter.' Mr. Michel seconded the motion which passed unanimously. Crozet Volunteer Fire Department - Located on the north side of St. Rt. 240, t1900 feet east of its intersection with St. Rt. 810 (School Road). Proposal to locate a 9,600 square foot fire station and ±78 parking spaces on 1.138 acres. Tax Map 56A2-1-35. Zoned C-1. The applicant was requesting deferral to July 10, 1984. Mr. Skove moved, seconded by Mr. Cogan that the Crozet Volunteer Fire Department be deferred to July 10, 1984. The motion passed unanimously. Solaris, Section 3 Final Plat - Located on the south side of the intersection of St. Rt. 640 and St. Rt. 641, off Helios Path and Solaris Road. Proposal to divide existing parcel into 4 lots; 5.112, 5.158, 4.043 and 7.415 acres with 25.50 acres residue. Tax Map 22, Parcel 4. Zoned RA, Rural Areas. Rivanna Magisterial District. Ms. McCulley gave the staff report. Staff recommended approval subject to conditions. Mr. Jeff Echols, representing the Highway Department, responded to Mr. Gould's question and explained how the intersection would be improved. Mr. Michel asked if further subdivision was expected on this road. He asked: "If we agree to this are we locked in to not having any real entry onto the state road?" Ms. McCulley responded that there was a residue parcel which would also, if subdivided, be served by Helios Path. 0 June 26, 1984 Page 4 The Chairman invited applicant comment. The applicant was represented by Mr. Morris Foster. he stated he had met with the Highway Department and they are in agreement about the road plans. He concurred that the applicant is willing to make the improvements to change the "Y" intersection to a "T" intersection, even though that improvement cannot actually be required by the Highway Department. He stated the applicant was very concerned about the safety of that intersection for his development. He confirmed that the applicant had secured the easements necessary for obtaining sight distance. yir. Foster explained briefly the design of the intersection. There being no public comment, the matter was placed before the Commission. Mr. Echols confirmed that the Highway Department felt the plans for the intersection were a satisfactory solution. It was determined the residue acreage for parcel 4 was 25.5 acres. It was determined the distance between an entrance for lots D and C and the intersection was..300 feet. Mr. Echols confirmed this was acceptable to the Highway Department. Mr. Cogan stated he would be in favor of granting the waiver for minimum lot size and allowing lot D to use the joint entrance. Mr. Gould agreed. Mr. Cogan moved that the Solaris Section 3 Final Plat be approved, including the approval of a waiver of Section 18-36.b.1 to allow Lot D to use a joint . entrance with lot C to Rt. 640, and subject to the following conditions: a. Virginia Department of Highways & Transportation approval of improvements to the intersection of the entrance, Rt. 640 and Rt. 641. b. County Attorney* approval of the maintenance agreement. c. County Engineer final approval of road plans and pavement specifications. Mr. Michel seconded the motion which passed unanimously. Berkmar Car Wash Site Plan - Located on the north side of Berkmar Drive, at its intersection with U.S. Rt. 29 North. Proposal to locate a 10-bay car wash and a one-story building of 4,000 square feet with 6 bays for related automotive service/retail needs, all to be 61U-1-1, and 61U-1-2. Zoned RC, Highway Commercial. Charlottesville Magisterial District. Ms. McCulley gave the staff report. The Chairman invited applicant comment. The applicant was represented by Ms. Lisa Sessoms. Her comments included the following: --The applicant disagrees with two of staff's recommendations: (1) Full frontage improvements along Berkmar Drive. She explained that to give a 26=foot paved area would necessitate cutting into the applicant's property. The applicant felt full -frontage improvements WAI June 26, 1984 Page 5 along Berkmar Drive should not be required. (2) The applicant felt a 6-foot planting strip was sufficient, as opposed to a 10-foot one. She stated a 10-foot strip would require that the entire plan be re- organized. There being no public comment, the matter was placed before the Commission. Mr. Michel expressed concern about the nature of the "service" provided. He stated he could anticipate problems with parking if cars are left for service. He also stated he had "no sympathy at all" for the applicant's request regarding improvements along Berkmar Drive. Mr. Skove expressed concern about the possibility of cars "backing up" to use the facility. Ms. Sessoms stated the applicant felt 10-bays should be sufficient to keep this from happening. Mr. Skove stated he supported staff's recommendation for a 10-foot planting strip. Mr. Bowerman stated he shared Mr. Michel's concerns about the exact use of the building. He stated also that he shared Mr. Cogan's concerns about the intensive use of the site. There was a brief discussion about stormwater detention and its effect on the 100-year floodplain. Mr. Skove expressed some concern that the operation of the carwash might be subject to change at some time, i.e. it could change from coin operated to "the other kind." He asked if another approval would be necessary if this were to happen.. Ms. McCulley replied that the parking was sufficient for either type of carwash. Mr. Payne pointed out that the parking requirement might be different because a full -service carwash would have more employees than a self-service one. Mr. Bowerman felt that the type of carwash would significantly influence the "stacking." Mr. Cogan felt the following statement contained in the staff report was significant: "The Commission should determine whether approval of the building with no specified use is appropriate at this time, or whether subsequent staff or Commission approval would be,warranted." Mr. Michel indicated he was concerned about a somewhat unknown use on a. very intensive site. Mr. Bowerman asked if the Commission was "suggesting some sort of phasing or just eliminating it?" Mr. Bowerman asked Mr. Payne if part of the site plan could be approved. Mr. Payne replied: "I suppose you could. ... I think you are entitled to review the site plan to ensure that the design that you have is adequate to satisfy all your proper concerns with respect to the uses that are going to go in there. If you find that the use is insufficiently specified to allow you to make that analysis, then T think you don't have to approve it." Mr. Bowerman asked if the facility were to change as to the actual type of carwash, would another review be required? Mr. Payne replied it would if it occasioned different parking or a different entrance requirement. June 26, 1984 Page 6 Mr. Bowerman asked -Mr. Payne: "Do you see any problem with the improvements on Berkmar Drive as the concern evidenced by the applicant that it would. extend 26 feet from the center line on the road?". fir. Payne replied: "As I understand it, what the staff is saying is that in order to have the entrance according to highway standards you do need .the appropriate acceleration and deceleration lanes. Because of the proximity to the intersection you can't get this. ... Because of that shortness you can't do it the way you normally would do it but a substantial equivalent.to that is the full frontage improvement across Berkmar frontage. ... I think that either the Highway Department or the County, as long as the County is following the Highway Department's recommendations and regulations, is entitled to require whatever improvement is necessary to ensure the safety of the entrance. That's what I think the staff is telling you when they say they don't think you can require the improvements on Rt. 29 because they are not directly occasioned by this development, but the others are directly related to the entrance. Assuming you find that to be true about the facts, yes I think you can do it." In response to -Mr. Skove's question as to how parking requirements were determined if the exact use of the building is unknown, Ms. McCulley explained they were determined under "automotive service" which.i.s a category that does delineate any. breakdowns. Ms. McCulley pointed out the location of the parking spaces. There was a brief discussion about the parking requirement. Mr. Bowerman stated he could go along with the carwash, but he had difficulty with the other part of the site proposed for future development. Ms. Sessoms confirmed there was a contract purchaser for the carwash. She asked..if the Commission could grant approval for Phase 1 (the carwash) with staff being granted administrative approval of the other part when a purchaser has been secured and the use is known. Mr. Bowerman asked Ms. Sessoms to show how the site would be separated into Phase 1 and Phase 2. tiffs. Sessoms responded. Mr. :Michel questioned whether. or not it would be possible to require full frontage improvements at this time if the site were reviewed as two parcels. Mr. Payne stated that it was "clearly appropriate to have entrance improvements on the south side." He added that he did not interpret Ms. Sessoms' comments that way, but rather that they pertained to the interior of the site, i.e, building, parking, etc. his. Sessoms confirmed this was correct. Ms. Scala pointed out that if the applicant does draw a line for phasing the landscaping should still be required along Rt. 29. Mr. Payne felt the Commission's concerns would best be handled by the addition of the following: Note on Plat: Approval constitutes only approval for the carwash and related improvements and not for the second proposed use. C:?/O June 26, 1984 Page 7 Mr. Bowerman asked if this was "tighter" than a phasing line. Mr. Payne felt that it was because a phasing line is a -geographic line whereas the other is more a chronological line so that whatever improvements are needed for the carwash can be made regardless of where they are on the site. Mr. Cogan moved that the Berkmar Car Wash 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: a. County Engineer approval of drainage and grading plans and computations; b. Issuance of an erosion control permit; c. County Engineer acceptance of developer contribution to regional stormwater detention basin costs; d. Virginia Department of Highways & Transportation approval of commercial entrance and frontage improvements on Berkmar Drive; e. Compliance with the requirements of the industrial waste ordinance; f. Recordation of a plat combining parcels 1 and 2 into one parcel; g. Fire Official approval of: hydrant location, handicapped provisions; dumpster location and screening; h. Provide 10 foot planting strip along Rt. 29; i. County Engineer approval of finished floor elevations to insure bay pits are above 100 year flood level; j. Note on plat: Approval constitutes only approval for the carwash and related improvements and not for the second proposed use. 2. Prior to the issuance of any certificate of occupancy, the following conditions must be met by the applicant: a. Fire Official approval of fireflow; b. Staff approval of landscape plan to include Albemarle County Service Authority approval of any plantings located within water and sewer easements. Mr. Skove seconded the motion which passed unanimously. In response to Mr. Gould's question about condition 1(a) Mr. Payne explained that the County Engineer could give his approval without knowing the second use because the entire site would probably be graded in any case. It was determined the approval for the second use would require Commission review. The Commission confirmed that this approval included the requirement for full frontage improvements on Berkmar Drive and the planting strip along Rt. 29. Earl sville Green Dentist Office Site Plan - Located northeast side of Rt. 743 at its intersection with St. Rt. 660 in Earlysville. Proposal to locate a 1,500 square foot dentist office which will be served by 36 parking spaces. Tax Map 31, Parcel 32. Zoned C-1, Commercial. Rivanna Magisterial District. June 26, 1984 Page 8 Ms. Scala gave the staff report. Staff recommended approval subject to conditions. The Chairman invited applicant comment. Mr. Clifton McClure, representing the applicant addressed the Uommission. He stated the applicant objected to condition 1(c)-LA plan for a new entrance on Earlysville Forest Drive and the closing of the entrance on Rt. 743, adjacent to Earlysville Forest Drive is to .be approved by staff and bonded for completion at such time when Earlysville Forest Drive is accepted into the State secondary system." He stated he did not think the Highway Department wanted to channel the traffic off the highway onto a residential road. He felt it was neither logical nor economically feasible to construct the road until the rest of the property was developed. He stated if this requirement remained, then the proposal could not take place. h1r.McClure pointed out that there had never been an accident at the existing entrance. There being no public co=ent, the matter was placed before the Commission. It was..determined the existing entrance was in place several years before Earlysville Forest Drive was constructed. Mr. James Whyte (the applicant) explained that a gravel road existed which served 3 or 4 houses but it was not Earlysville Forest Drive. Mr. Jeff Echols, representing the Highway Department, explained the Highway Department's concerns which centered primarilyaround the possible future development of the property. Mr. Bowerman asked if it would be possible to condition this approval in such a way that any future development of the property in the rear would occasion the triggering of building the other road. He felt that would be an acceptable way to deal with the application.. Mr. Cogan agreed with -1r. Bowerman's suggestion. There was a brief discussion about future development and the entrance issue. Mr. Cogan noted that though the Highway Department was concerned about the close proximity of the existing entrance to Earlysville Forest Drive, the entrance existed before Earlysville Forest Drive. existed. Mr. Payne .suggested the following means of addressing the issue: Delete conditions 1(c) and 2(a) and substitute a new 1.(c) as follows: • Entrance onto Rt. 743 to be closed upon construction of connector road on Earlysville Forest Drive when occasioned by future development. He explained this would leave this entrance open until the.road that "is shown in gray on the site plan" was required to be built as the result of future development of the site. 4;91A June 26, 1984 Page 9 Mr. Michel moved that the Earlysville Green Dentist 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. Board of Supervisors approval of central systems, if applicable; b. Approval is limited to an office for one dentist, or as otherwise limited by the Health Department; c. Entrance onto Rt. 743 to be closed upon construction of connector road on Earlysville Forest Drive when occasioned by future development; d. Recordation of a 30' access easement from the proposed grocery store entrance on Tax.Map 31A, parcel A to the proposed entrance on Earlysville Forest Drive; e. Staff approval of technical requirements; f. Recordation of a plat dedicating 25' from the centerline of Rt. 743; g. County Engineer approval of stabilization of fill on (north) west side of property. Mr. Cogan seconded the motion which passed unanimously. Lamb's Road Baptist Church Site Plan - Located on the northwest corner of Rt. 743 (Hydraulic Road) and Rt. 657 (Lamb's.Road). Proposal to locate an 8,534 square foot church building and 76 parking spaces on 5.084 acres. Tax Map 61, parcel 6. Zoned RA, Rural Areas with special use permit. Jack Jouett Magisterial District. Ms. Scala gave the staff report. There was a brief discussion about grading and stormwater detention plans. Mr. Maynard Elrod, County Engineer, confirmed the detention basin was sized to handle only the runoff from the site. The Chairman invited applicant comment. The applicant was represented by Mr. Dale Hamilton. He indicated there were no problems with staff's suggested conditions of approval. He indicated there was some discrepancy about the size of the detention pond and added that he had been under the impression that the pond had been sized to retain some of the water that comes off the highway, though Mr. Elrod had stated otherwise. There being no public comment, the matter was placed before the Commission. Mr. Bowerman asked Mr. Elrod if it was possible the detention pond had been sized "for more than the site?" Mr. Elrod responded: "It was sized to pass the water through there. ... As far as meeting the requirements of the Runoff Control Ordinance, it was sized for the site." There was some discussion about the possibility of replanting the trees in the detention pond area. Mr. Elrod stated that for the purposes of runoff control and to meet the requirements of .the Ordinance, it would not be necessary to replant the trees. In fact, he stated "the situation would probably be better without the trees." June 26, 1984 Page 10 However, he stated he would have no objection to replanting the trees "as long as you didn't get them in there too thick." Regarding the possibility of future development of the site, Mr. Bowerman asked if any future changes would require Health Department approval. Ms. Scala replied affirmatively. She added that "Unless the septic field fails for some reason, I think there is adequate room for future additions." She also added that stormwater detention was already sized for the whole site and further Fire Official approval was probably possible as long as there is a fire wall. She stated "I think they are in pretty good shape but I did caution them to check now rather than be surprised later." Mr. Payne added: "Staff is forewarning the applicant. I don't hear anything in what she is saying that would inhibit the approval of this. It's just that she's saying that there may be things that would inhibit future expansion." The applicant interjected that he had checked with the Health Department and with a geologist both of which agreed the site would accept the expansion to a 500-seat sanctuary at a future time. He also stated the Fire Official had indicated there would be no problem with future fire protection. To address the Coumission's concern about replanting of trees in the area of the construction road, it was determined condition 1(h) would be added as follows: e Staff approval of landscaping and replacement of trees in certain areas. Mr. Skove moved that the Lamb's Road Baptist Church 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 approval of entrance permit; b. Plat to be recorded showing 25' dedication from centerline of Lamb's Road and a sight distance easement to the satisfaction of Virginia Department of Highways &. Transportation; c. County Engineer approval of retaining wall; d. County Engineer and Watershed Official approval of runoff control plan; e. County Engineer approval of grading and drainage plans; f. Issuance of an erosion control permit; g. Future additions will require site plan approval; h. Staff approval of landscaping and replacement of trees in certain areas. Mr. Michel seconded the motion which passed unanimously. a/� June 26, 1984 Page 11 Amvest and Ednam Forest Lake Cottages Site Plans - Request to reconsider conditions of approval regarding deceleration lane on Rt. 250 West. Ms. Scala gave the staff report. The report explained the situation as follows: "The applicant has objected from the beginning to the requirement to extend the existing eastbound turn lane. The turn lane is presently about 145' long with the same length of taper. The current standards require a 200' tangent section with a 200' taper. The problem is that the existing lane cannot be extended without either filling on property which is not owned by the applicant, or building a retaining wall. The adjacent property owner refuses to grant an easement to permit the slope to be extended. Therefore, in order to meet the Virginia Department of Highways and Transportation's requirement, a retaining wall is necessary. The applicant is .requesting relief from condition l(d) of the Amvest site plan and l(c) of the Lake Cottages site plan, both of which read, "Virginia Department of Highways and Transportation approval of entrance improvements on Route 250 West." The report concluded: "The staff's opinion is that we must rely upon the Highway Department for transportation expertise. The Commission should follow the recom- mendations of the Virginia Department of Highways and Transportation unless the improvements cannot be required for legal reasons.. Therefore, staff does not recommend any change to the conditions as previously approved." In response to Mr. Bowerman's request, Ms. Scala read a letter from Mr. von Burgsdorff, the adjoining property owner and a letter from the applicant. (Ms. Scala discovered there was not a letter from the applicant.) Mr. Ancona, representing Ednam Forest Lake Cottages, addressed the Commission. He felt it had been decided at one point that the developer and the Highway Department would work out something and "come back so that the Commission can accept a negotiated settlement." He felt both the developer and staff had been under the impression there was "middle ground," however, the condition has not been changed and there has been no resolution of the issue. He pointed out that the applicant had acquiesced on a number of items. He explained that the only way to construct the retaining wall would be to do all of the construction work on the "highway side," i.e. taking one lane of traffic for construction vehicles. He had consulted with Faulconer Construction Company and they question the manner in which this could be done and estimate that a small retaining wall (100 feet) would cost $60,000. He pointed out that he was not aware of any accidents within the last 10 years at the entrance to Ednam Forest. He stated that it was "virtually impossible to make this change without disturbing a neighbor who is not willing to participate." He indicated there would be no problem with extending the lane another 50 feet, but the "total improvement could not be made." He concluded: "We feel the recommendation from the Highway Department is one that just cannot be met and is outside of our control and we are therefore asking for relief from that recommendation." � " June 26, 1984 Page 12 M.r. Gordon Windfield, representing Amvest,.addressed the Commission. He stressed that this access was not heavily used by westbound traffic. He felt relief from the VDOT recommendation was appropriate. :sir. James May, President of the Ednam Forest Homeowners Association, addressed the Commission. He expressed concern about the increased traffic over a road. that is more than 20 years old. (It was pointed out to Mr. tifay that this was not relevant to the issue before the Commission.) Mr. Bowerman pointed out that the issue before the Commission would have no effect on the interior road. Mr. Chase, a resident of Ednam Forest, expressed concerns similar to Mr. May. Mr. Paul Stinnard, a homeowner, addressed the Commission. He felt the Highway Department's recommendation for 200 feet must have been based on safety considerations and should be upheld. There being no further comment, the -:matter was placed before the Commission. Mr. Jeff Echols, rqreserting the Highway Department, addressed the Commission. Mr. Echols explained that the recommendation was based on the current speed limit and the turning movements. He stated the recommendation for the additional 55 feet (from 145 feet to 200 ) was also based on increased usage at the entrance. Mr. Echols explained precisely what was envisioned by the Highway Department. There was some discussion about the possibility of reducing the speed limit in this area. Mr. Michel suggested the possibility of doing just the taper at this time. Vfr..Skn-%re stated he was sympathetic to the applicant's position but he also was bothered at the possibility of not following Highway Department recommendations. It was determined the applicant had agreed with the Highway Department that the taper length could be extended and widened some, "from full to the narrow point, and we have said we are willing to do that." He confirmed the applicant would be willing to.include the guardrail. There was some discussion about the speed limit and the questionable method for reducing speed limit. Mr. Payne stated he had some difficulty with postponing road improvements. He explained. that "assuming no independently intervening factors (e.g. speed limit change or.change in VDOT standards), what would the Commission's decision.be for the next development there, i.e. "how would you make a distinction between that development and this one?" He stated: "So I think if you decide not to follow the Highway Department's recommendation for whatever reason, I think you should reconcile yourself to the likelihood that it's not going to be done." a2%A June 26, 1984 Page 13 There was some discussion about the possibility of something less than strict adherence to Highway Department standards. Mr. Echols stated that based on those standards, the Highway Department felt the 50 feet would make a difference. Mr. Bowerman stated he was sympathetic to the applicant but he was also concerned about highway safety and, therefore, he would have to be convinced that if the requirements were lowered, public safety would not be endangered.. Mr. Skove stated he was not willing to go against the Highway Department's recommendation and therefore he moved that the Amvest and Ednam Forest Lake Cottages request to reconsider conditions of approval regarding deceleration lane on Rt. 250 West be denied. Mr. Skove's motion died for lack of a second. Mr. Gould stated he was both reluctant to oppose Highway Department recommendations and reluctant to sympathize with the applicant, but in this case he felt the Commission had to be practical. He stated he would be willing to have the taper extended and the guardrail installed. Mr. Gould moved that the applicant's request for relief from condition l(c) of the Ednam Forest Lake site plan approval and condition 1(d) from the Amvest site plan approval be approved with those conditions being amended as follows: • Virginia Department of Highways and Transportation approval of entrance improvements on Rt. 250 West, including specifically lengthening the existing full width turn lane to the maximum extent practical within existing right -of --way and extension of existing taper to 200 feet, and provision of guardrail to reasonable satisfaction of the Highway Department. Mr. Michel seconded the motion. Mr. Payne restated what he believed to be the Commission's intent, i.e. to endorse the Highway Department requirements except with respect to the turn lane and to grant a reduction in the length of the turn lane to some extent, probably 40 or 50 feet, and to additionally require a guardrail. The Commission confirmed this was accurate. Mr. Cogan stressed that this was not setting a precedent because it was a matter which dealt with peculiar physical facts at this particular location. The motion for approval passed (4:1) with Mr. Skove casting the dissenting vote. Cason Site Plan - Mr. Bowerman reported that Mr. Cason had requested a 60 day extension of the site plan and that Mr. Tucker would be dealing with this issue. There being no further business, Recorded by: Janice Wills Transcribed by: Deloris Sessoms, the meet' g a journed at ll: 0 p.m. J John Horne, ecretary / 1D-88 a