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HomeMy WebLinkAbout01 23 90 PC MinutesJANUARY 23, 1990 The Albemarle County Planning Commission held a public hearing on Tuesday, January 23, 1990, Meeting Room 7, County Office Building, Charlottesville, VA. Those members present were: Mr. Keith Rittenhouse, Chairman; Mr. Harry Wilkerson, Vice Chairman; Mr. Phil Grimm; Mr. Tom Jenkins; Mr. Walter Johnson (newly appointed); and Ms. Babs Huckle. Other officials present were: Mr. Bill Fritz, Senior Planner; Mr. Rich Tarbell, Planner; and Mr. Jim Bowling, Deputy County Attorney. Absent: Commissioner Andersen. The Chairman called the meeting to order at 7:30 p.m. and established that a quorum was present. The minutes of January 9, 1990 were approved as submitted. CONSENT AGENDA Route 250-64 Land Trust - Proposal to reduce an existing 10.8 acre parcel to 2.2 acres. The residue is to be added to an adjacent parcel; therefore, no new parcel is being created and both parcels will share an entrance to Rt. 250. The property is located on the south side of U.S. Rt. 250 approximately 1/4 mile east of I-64 in the Riva.nna Magisterial District. The property is described as Tax Map 78, Parcel 33B, and is zoned HC, Highway Commercial. At the Chairman's request, Mr. Fritz briefly reviewed this item once again. The Commission discussed the item briefly. Mr. Fritz explained that the use would be a typical gas station and would have no facilities for public restrooms because of limitations of the drainfield. In response to Ms. Huckle's question, he stated there was no state legislation requiring restrooms for this type of use. Mr. Jenkins moved that the Consent Agenda be approved. Mr. Wilkerson seconded the motion which passed 5:1 with Ms. Huckle casting the dissenting vote. Ms. Huckle noted that she was concerned about approving a use that was "so limited especially since they have the use of the rest of the property." Mr. Fritz confirmed the site plan would require Commission review. Mr. Rittenhouse pointed out that the proposal is in compliance with the Ordinance. Br nchlands Phase IV Site Plan Amendment -_SDP 89-022 - Proposal to construct 18 townhouse/condominium units. Access will be from r,a 0 f January 23, 1990 Page 2 private roads intersecting Branchlands Drive near its intersection with Greenbrier Drive. The site is located in the Charlottesville Magisterial District and is described as Tax Map 61Z, Section 3, Parcels 4/5. The site is zoned PUD, Planned Unit Development. Mr. Fritz presented the staff report. Staff recommended approval subject to conditions. The applicant was represented by Mr. Ron Langman. He presented an artist's rendering of the project. He explained how the plan had been modified_ He indicated the modifications were a result of encountering more grade than had been expected. Regarding suggested condition l(b)--Relocation of trees and planter if required by the Virginia Department of Transportation. --he explained that the planter has been in place since 1982 and he asked that it not be made another obstacle in getting VDDT approval. He explained that the applicant has been trying for some time to get the road into the state system, but it has been a very frustrating process because VDDT keeps changing their requirements. There being no public comment, the matter was placed before the Commission. There was a brief discussion as to whether or not to delete condition 1(b). Mr. Fritz pointed out that if VDDT will not accept the road unless the planter is moved, then regardless of the Commission's action, it will have to be moved. It was determined the planter extended 2--3 feet into the right - of --way. Mr. Wilkerson moved that the Branchlands Phase TV Site Plan Amendment be approved subject to the following conditions: 1. The final plan will not be signed until the following conditions have been met: a. Department of Engineering approval of retaining wall design; 2. A certificate of occupancy will not be issued until the following condition has been met: a. Fire Officer final approval. Mr. Grimm seconded the motion. Discussion: Mr. Jenkins asked staff to comment on the 6 additional units Mr. Fritz explained that there will be no increased floor area because some units will be stacked which was not the case before January 23, 1990 Page 3 The previously stated motion for approval passed unanimously. Quiet Woods Preliminary Subdivision plat - SUB 89-238 - Rural Preservation Development to create 13 development lots and a 40- acre preservation tract from five existing parcels totalling 81 acres. Average lot size of the development lots is 3.02 acres and the lots are to be served by a public road. Property, described as Tax Map 33, Parcels 19,19A, 19C, 19C1, are one mile north of Route 849. Zoned RA, Rural Areas in the Rivanna Magisterial District. Mr. Tarbell presented the staff report. Staff recommended approval subject to conditions. Ms. Huckle expressed concern about the proposed stream crossing. She noted personal experience with problems with such crossings and asked if a 10-year storm standard was sufficient. It was decided the statement in the staff report which stated that this property was in a water supply watershed was in error, i.e. the property is m2t, located in a watershed. Mr. Rittenhouse asked Mr. Tarbell to comment on the right-of-way question related to Lot 1. Mr. Tarbell explained this VDCT request is not occasioned by the need for a turn and taper lane because none is planned, but rather by the desire to make "a more continuous right-of-way through that area." He added that the project would not be held up by the lack of this dedication. He stated "we cannot require it because -the need for the right-of- way is not occasioned by the development itself." The applicant was represented by Mr. Roger Ray. He offered little comment except to say that the applicant had no objections to the conditions of approval. Regarding the stream crossing, he explained that the standard VDDT design for a secondary road is for a 10-year storm so he felt the Engineering Department s request for a 10-year design was reasonable. The Chairman invited public comment. Ms. Alice Westcott, resident of the existing dwelling on Lot 1, addressed the Commission. She was interested in knowing why the driveway had to be moved. Mr. Tarbell explained that lots in a subdivision which are served by an internal road must access that road. (Mr. Johnson asked for the basis of this requirement. Mr. Tarbell explained that this is a requirement of the Subdivision Ordinance and the reason for the requirement is to reduce friction on the main public road and to provide for safe access. Mr. Johnson asked why this would not be covered by a grandfather provision. Mr Bowling explained that any grandfather provision would be eliminated because the configuration of the lots is being changed.) -OA4 January 23, 1990 Page 4 Mr. E.L. Floyd, property owner to the south, addressed the Commission. Mr. Floyd expressed no opposition to the proposal but rather had questions about road access requirements for lots. His concerns were related to possible future development of his property. The Chairman advised him that he should get in touch with staff for answers to his quesitons. Ms. Carolyn Fowley, an adjacent property owner, addressed the Commission. She asked what type of dwellings were planned and their approximate value. Mr. Tarbell explained that this was a by -right development for single-family dwellings. The applicant indicated the homes would be in the $200,000 range. She was concerned about property devaluation. Mr. Dan Fowley addressed the Commission. He noted that the letter sent to adjoining property owners was somewhat misleading because the letter refers to an average lot size of 5 acres, when actually the development will be thirteen 3-acre lots and one 40-- acre lot. (Mr. Rittenhouse noted that this is the first rural preservation proposal that has come before the Commission.) Mr. Tarbell noted that staff was not requesting staff approval, so the final plat will be reviewed by the Commission and the public will have another opportunity to comment at that time There being no further public comment, the matter was placed before the Commission. Mr. Wilkerson moved that Quiet Woods Preliminary Subdivision Plat -SUB 89-238 be approved subject to the following conditions: 1. All lots shall have access to the internal road only. 2. The final site plan will not be signed until the following conditions are met: a. Staff approval of conservation easement on the rural preservation tract; b. Staff approval of road maintenance agreement between Lots 7 and S; c. Health Department approval of a primary and reserve drainfield location for each lot; d. Department of Engineering approval of road and drainage plans and calculations; e. Department of Engineering issuance of an erosion control permit; f. Virginia Department of Transportation approval of road and drainage plans and calculations; g. Compliance with all applicable local, state and federal regulations regarding the stream crossing; h. Department of Engineering approval of the design of the of the stream crossing with design to be based on Virginia Department of Transportation standards using a storm design with a ten-year frequency. �+ January 23, 1990 Page 5 1 Mr. Grimm seconded the motion. Discussion: Ms. Huckle asked that the Engineering Department pay particular attention to the extent of the drainage area. Mr. Rittenhouse commented on VDOT's right-of-way acquisition policy. He stated that had right-of-way not been available on the other side of this road to allow VDOT improvement of the road then he would not have supported the proposal. Mr. Ray interjected that the applicant had indicated that he would have no objection to dedicating the requested right-of-way. He stated the applicant would be glad to dedicate 15 feet to make a total of 25 feet from the center. The previously stated motion for approval passed unanimously. NEW BUSINESS Work Session - A work session for the purpose of orienting new Commissioners on procedures, etc. was set for Tuesday, February 13, 5:15. Hasolution of Appreciation for Former Commissioners - This issue was discussed briefly and though it was unanimously agreed this was a good idea, no definitive plan was decided upon. The idea was to be discussed further at the February 13th work session. There being no further business, the meeting adjourned at 8:15 p.m. DS V. Wayne Cilimberg,/S7ecretary .?9i