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HomeMy WebLinkAboutSDP199500005 Other 1995-02-02 COUNTY OF ALBEMARLE 0.:11,HF.l NINA etrI OP' I"/ttC;IN�I" MEMORANDUM TO: Butch Wilkerson, Ashcroft Homeowners Assoc. FROM: Rich Tarbell, Senior Planner -7- DATE: July 20, 1992 RE: Ashcroft Recreation Area The Planning Department will not require a formal site plan submittal for review of the proposed baseball field/recreation area in the Ashcroft common area . However the proposed grading activity will necessitate an erosion control plan approval by the Engineering Department as the area exceeds 10,000 square feet of land disturbance. Please contact Bobby Shaw at 296-5861 if you have any questions regarding his review procedures. • cc: Bobby Shaw Roudabush & Gale i , 1 / \ ,:= . ; ,..,.,1): 001/ ---- . . -:__________ Zy4Y.4 ° / , Q,-- 1/I:/ 1 A il II II I 11 I ----.--.r c4 III 111/ vo *I '`7z_c44'3 >I.' e'ft.. .ill_ • lir'------I--- '4"1"‘".4":111W: .1'. J- �- / 3 / A ., /, 7 x.e_rzce. 5ecr,o ofi / ,-=40 ' pL p n,J i34.) GhJ w, 52acJcl tk/r /.v 7/ a/, (--) I S ® \R(:INP COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 August 8 , 1991 Mr. Richard L. Beyer 2001 North Pantops Drive Charlottesville, VA 22901 RE: Ashcroft Recreation Area Dear Mr. Beyer: I am in receipt of your August 6 , 1991 letter regarding the Recreation Area at Ashcroft. The issue at hand was the designation of a clubhouse. The area of the Hansen Studio was included as open space on a plat approved on July 11, 1983 . Therefore, you have designated clubhouse facilities in accord with condition 5 of ZMA-80-03 . Your stated intent to construct a new clubhouse facility on that site is also consistent with condition 5 . I believe that your letter addresses the issue of recreation facilities at Ashcroft. I would like to thank you for your comments in settling the matter. Sincerel , • William D. Fritz Senior Planner WDF/blb cc: J. Milton Adams Amelia Patterson LIBERTY LAND LIMITED p : 2001 N. Pantops Dr iveCHARLOTTESVILLE,VIRGINIA22901- [804] tit011/13;,,;rJ August 6, 1991 • AUG 7 1991 PLANNING DIVISION Mr . William D. Fritz Senior Planner County of Albemarle Department of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 RE: Ashcroft Recreation Area Dear Mr . Fritz: I 'm in receipt of your letter concerning recreation facility location dated August 1 , 1991 . In 1984 Gary Cooper, the original developer, made a decision in conju ction with me as a minority partner, to abandon the idea using the Lego house as a community recreation facility. The property was oversized for what was needed and very burdensome from a maintenance standpoint as Gary had lived in it a few years and was experiencing a great deal of cost to keep the property up. It was determined that the Hansen property was a better location due to accessibility, views and costs of maintenance . The actual Hansen structure was not even good enough to be called a house so we tore it down and used parts of the foundation as a retaining wall to hold the hill back and have installed a tennis court below it . We have installed the playground and a volley ball court and picnic areas , and Ashcroft residents have been using these facilities since summer of 1990. In making the decision in 1984 that we did to abandon one area in favor of the other we felt that we were meeting the conditions of approval . We feel that , in general , we are ahead of schedule in other areas as we have already supplied picnic areas and tennis courts even though we are still in Phase One and they were scheduled to be provided prior to Phase 3 . We are planning to meet all conditions of the approval by constructing a club house rather than renovating one, and doing that also prior to any Phase 3 approvals . REAL ESTATE DEVELOPERS ASHCROFT - STONEWOOD - SHADWELL MOUNTAIN William D. Fritz Page 2 August 6, 1991 If you have any further questions in this area please feel free to contact me . Sincerely, LIBERTY LAND LIMITED Richard L. Beyer, President RLB/dcr „„)„.. \R(:1N�/ COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 August 1, 1991 Rick Beyer 2001 North Pantops Drive Charlottesville, VA 22901 RE: Ashcroft Recreation Area Dear Mr. Beyer: I has been brought to our attention that the areas noted for recreation during the approval of ZMA-80-03 are no longer available for recreation purposes. This issue must be resolved before moving into the next phase of Ashcroft. Staff would appreciate the opportunity to hear your ideas on the provision of recreation facilities at Ashcroft. Staff has identified two approaches to the issue: 1. Provide equivalent substitution for approval by the Board of Supervisors, or; 2. Obtain approvals from all homeowners of the deletion of the recreation areas listed and request that the Board of Supervisors amend the agreements of ZMA-80-03. Staff does not recommend one approach over the other and has listed them only for your convenience. Other approaches at the issue may provide for an equal or better resolution to the issue. Please feel free to contact me to arrange a meeting to discuss the recreation areas at Ashcroft. Sincerely, William D. Fritz Senior Planner WDF/mem cc: J. Milton Adams Aellcruft Netglirborlquob Au, uctutt 1990 SASSAFRAS CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 ii 1N `40 1951 June 18 , 1991 N"NG p1v 1SlO� Planning Commission Staff p � Albemarle County Office Bldg. 401 McIntire Rd. •+�^�""M Charlottesville, VA 22901 Dear Staff Member: Our Association is planning for the future use of our recreation area and several questions have come up that I hope you can help answer . These questions have to do with the developer ' s responsibilities and which documents provide for these . In the Board of supervisors ' approval of an addition to Ashcroft in a memorandum dated March 20 , 1980 , (enclosed) certain conditions were listed: under A. general , page 2 , number 4 . "County Attorney review . . . in regard to clubhouse facilities prior to Phase 2 approvals ; " and number 5 . "Either the Hansen House or the Lego House shall be designated for clubhouse facilities prior to any phase 2 approvals . " Is this the governing document? I could find no modification of these requirements in later material on Ashcroft in the Planning commission files . As you are probably aware, the Hansen House was razed and the Lego House was sold by the original developer, Mr . Gary Cooper. It would seem impossible for Mr . Rick Beyer, who is currently planning for Phase 2 , to meet the above requirement . What is the developer ' s responsibility for clubhouse facilities under these circumstances? Continuing: number 5 . on page 2 : "Clubhouse renovation, playground, picnic areas and tennis courts shall be provided prior to any Phase 3 approvals . The swimming pool shall be provided prior to any Phase 4 approvals ; " Rick has already built playground, picnic tables and one tennis court , so he is ahead of schedule but again it would seem impossible to renovate a nonexistent clubhouse. Are two tennis courts required? We would appreciate any advice you could offer on these questions . Sincerely, /11-441 J. Milton Adams President , Board of Directors 185 Walnut Lane Charlottesville, VA 22901 r-elt 2 6:2, 19 g:-,r) Mr. Vest seconded the motion, which carried unanimously, with no discussion. Spradlin/Cosner Plat: Mr. Keeler stated that this plat has been previously approved, and the entrances have been approved, in some cases scheduled to be joint entrances. He noted that the owner of lot 7 was never made aware of the joint entrance and constructed a single driveway down the middle of his property. The applicant is asking that individual entrances for lots 6 and 7 be permitted, as a result of this mistake. Mr. Skove said that under the hardship aspect, he has no problems with this, however he does not like certain conditions being placed on a plat, only to be violated at a later date. Mr. Payne noted that there was no notation on the plat for the joint entrances, in this case. He said that this situation will be remedied in the future by an appropriate notation, when the Commission has imposed this stipulation. Mr. McCann moved that lots 6 and 7 have separate entrances, and that all other conditions originally imposed remain on the plat. Mr. Skove seconded the motion, noting that he feels this is an exception. The motion carried unanimously, with no discussion. Mr. Gloeckner re-entered the meeting. ZMA-80-03. Liberty Land Company, Ltd. has petitioned the Board of Supervisors to rezone 38.74 acres from A-1 to RPN/A-1 as an addition to Ashcroft RPN; to relocate access to Ashcroft RPN from Route 250 East to a frontage road at the northwest quadrant of the Shadwell interchange of Route I-64; and to amend certain other conditions of approval of ZMA-79-06. Property is located northeast of Glenorchy Subdivision. County Tax Map 78, Parcel 51, part thereof, and parcel 52. Rivanna Magisterial District. Mr. Keeler presented the staff report. He read a letter of objection from Mr. Jack Gallagher into the record. Mr. Fred Landess, attorney representing Liberty Land Company, addressed the Commission with regard to areas of concern in the recommended conditions of approval. He did not feel it appropriate that septic tanks should be restricted to areas that were under 25% slope, since this is not required by the Health Department. He objected to the Virginia Department of Highways and Transportation requirement that roads be constructed to standards to handle all future development in the area, when some of the land is not owned by Liberty Land Company. he • Mr. Landess said that feels it is inappropriate to restrict usage of North Pantops Drive, since the owners do not have an exclusive right-of-way and cannot control use of that road. He objected to road plan and profile approvals _ prior to final plat approvals, and lastly he felt that the county could not require the improvments to roads outlined in Condition C.4, because of the Hylton Case. Mr. Harold Payne, a partner in Liberty Land Company, concurred with Mr. Landess, and additionally stated that he had thought house locations would be controlled by Architectural Review Committee. Mr. Keeler said that house locations had been an original concern because of the exposure of the Southwestern Mountain. He said that on the phase #1 plat, which has been submitted for county review, this has already been shown. There was no public comment, and Mrs. Diehl closed the public hearing. Mr. Gloeckner questioned if the design of Lego Drive was based on a 50-50 split in traffic direction. Mrs. Diehl felt the best way to handle the discussion was to discuss the conditions one by one. The Commission had no problems with Conditions Al, A2, A3, and A4. After a brief discussion, it was decided that the clubhouse should be completed prior to Phase 3 approvals, along with the playground, picnic areas, and tennis courts. The Commission felt it would be appropriate to add the following phrase to condition 3, under UTILITIES: "Homeowners' agreements shall include provision for use of open space for septic drainfields, if necessary. The primary discussion on the petition revolved around the road situation. It was pointed out that moving high tension utility poles" plus the extensive grading, would make lots undesirable and the entire road system very expensive if followed as originally approved. Mr. Gloeckner felt the Commission should decide if two entrances to the property is even desirable. r , Mr. McCann agreed, noting that the original approval hinged on the entrance. He said that as a result of the Hylton case, etc. , the owners have conceived a new plan with more acreage and a different entrance. Mr. Bowerman felt it might be necessary to realign North Pantops Drive with the Worrell Newspaper entrance. Otherwise, he suggested that sole access to the property should be from Lego Drive and the Frontage Road. Mr. McCann stated that Frontage Road will be tremendously impacted if it is used as the access, and further pointed out that it is part of the interstate highway system, as opposed to the secondary system. After a five minute recess, Mr. Gloeckner moved approval of the petition subject to the following conditions: T7- M4,8e,1/4 I0, I,50 Agenda Item No. 3. ZMA-80-03. Liberty Land Company, Ltd. Petition to rezone 38.74 acres from A-1 to RPN/A-1 as an addition to Ashcroft RPN; to relocate access to Ashcroft RPN from Route 250 East to a frontage road at the northwest quadrant of the Shadwell interchange �Vf• of Route I-64; and to amend certain other conditions of approval of ZMA-79-06. Property is located northeast of Glenorchy Subdivision. County Tax Map 78, Parcel 51, part thereof and parcel 52. Rivanna Magisterial District. (Advertised in the Daily Progress on March 5, 1980 and March 12, 1980.) Mr. Roudabush abstained because the firm he is associated with did the surveying and engineering for this project. Mr. Robert W. Tucker, Jr., Director of Planning then presented the following staff report: "Request: Amend Ashcroft RPN (ZMA-79-06) by addition of 38.74 acres and 20 additional units; additional access to property; and amendment of certain conditions of original approval. Location: Property, described as Tax Map 78, Parcels 51 (part), 52, 55C and 55; and -1 Tax Map 79, Parcels 1 and 2 (part), is located north of Route 250 East behind 'Ski Land.' Staff Comment: This request has been made due to problems of road design and phasing of development. Road Design: Under ZMA-79-06, the main entrance road (North Pantops Drive) from Route 250 East was to be relocated and constructed to Virginia Department of Highways standards. The Virginia Department of Highways and Transportation has denied requested grade waivers. Alternatives were discussed with VDH&T and the planning staff, including conversion of North Pantops Drive to a private road. The planning staff indicated that a development of this scale should be served by at least one state road. The proposal under this petition is to: (1) construct Lego Drive as a state road from the frontage road at the I-64 interchange into the site; (2) construct North Pantops Drive as a private road; and (3) maintain the off-site portion of North Pantops Drive in its current location. 1. Lego Drive and Frontage Road F-179: At this writing it appears that Lego Drive can be developed within the maximum grade limitations of VDH&T. Comments from VDH&T on Lego Drive and the frontage road are as follows (letter of February 7, 1980): 'Road plans and profiles for the 60 foot right-of-way from the frontage road into the site proposed as a state road have been submitted to the Department for our review as well as plan and profile improvements to the frontage road necessary to obtain sight distance and construct a left turn lane into the site. The Department has, however, much concern over placing this additional traffic on the frontage road . The frontage road is a 16 foot wide paved surface of a Category II strength design. The entrance road to the site is proposed as a Category IV width and strength design (22 feet wide). Accordingly, we would recommend the frontage road be improved out to Route 250 to the appropriate standard, as well as intersection improvements, that is, right turn lane to the frontage road and extend the left turn lane in the median. The Department can require only the actual entrance requirements at the intersection with the frontage road. ' 2. North-Pantops Drive as a private road: In regard to traffic using North Pantops and Lego Drives, VDH&T has stated that a 50-50 traffic split 'would not be unreasonable provided the North Pantops route remains in good maintained condition.' Estimating a traffic split in this case is difficult since Lego Drive provides almost direct access to I-64 which would draw some Charlottesville bound traffic (this draw-off is difficult to estimate since precise destinations are unknown). ,Employing a 50-50 split results in a Category IV design for both roads. Since the range for Category IV is 751-3000 vtpd and the traffic estimated for each road is 900 vtpd, either road would be adequate to accommodate all traffic from the development. 3. Maintain the intersection of North Pantops Drive and Route 250 East in its current location: Since North Pantops Drive is proposed as a private road, the County has greater authority in control of access to it for properties between Ashcroft and Route 250 East. Staff, however, would be reluctant to support this proposal unless the applicant can satisfy the County Attorney's office with an agreement restricting further use of North Pantops Drive while the intersection with Route 250 is in its current location. Also, permitting this road to remain as currently located could complicate County efforts in future limitation of access to Route 250 from properties between Ashcroft and Route 250. The Virginia Department of Highways and Transportation has commented that: 'It appears that the existing entrance adjacent to the Odyssey Supper Club will continue to be used serving this property through an existing private road named North Pantops Drive. So long as the traffic using this entrance is primarily residential, the close proximity in offset to State Farm Boulevard should not create a problem since the majority of the traffic will be right turns out of the site onto Route 250, and left turns off Route 250 into the site. However, at such time as commercial traffic begins using this road, and the right turn, left turn mixed percentage changes, these two close intersections could create a traffic flow n r•nhin�. �1.,.•.. n,.,,♦ . ern rnusing of ueveiopment: unty requests oy cne applicant are ulaeuaueu Here. .ru.. recommendations for phasing are found in the conditions of approval. Dedication of Open Space: ZMA-79-06 required dedication of open space in proportion to the number of lots approved in a final plat. Because of financing and physical remoteness of some open space areas, the applicant is seeking modification of condition #1. As currently proposed, about 30% of the total site is in open }---- space (excludes Hansen and Lego houses). The RPN designation requires at least 25% of the site in open space. Staff would recommend that as the property develops i-] in phases, not less than 25% of the area cumulatively platted be in common open space. This would accomplish the minimum RPN requirements during phasing and provi.- • the applicant added flexibility since he could plat more or less than 25% in a given section provided the cumulative total is not less than 25%. Designation of clubhouse facilities: The proposed addition to Ashcroft includes the Leg. House which may be more desirable than the Hansen House for use as a sports club. At this time, the applicant wishes further study of the matter prior to making a determination. Both buildings are more or less centrally located within the development and either would be satisfactory for the proposed use. Staff has no objection to a determination at a later date provided facilities developed are comparable to those proposed in the original plan. Staff would urge the rehabilitation of the Hansen House for an appropriate usage. During the interim period of determining the clubhouse location, the applicant desires to use the Lego House as a sales office. Central Water: The applicant is studying the possibility of serving the development with public water. Since this would involve expansion of the Albemarle County Service Authority's jurisdictional area, the Board of Supervisors would have opportunity to further review this matter. At this time, the applicant desires flexible wording of conditions to permit use of either central or public systems. Since 'central system' is defined as including both private and public systems, staff opinion is that the existing wording of Condition #4 provides adequate flexibility. Staff has recommended additional wording outlining requirements if a public system is employed. Recommended Conditions of Approval: (Note: All conditions of ZMA-79-06 have been included whether or not modification or deletion is recommended. Conditions have been reorganized and renumbered for clarity. Staff proposals for new wording are underlined.) A. General 1. No final site plan or subdivision approvals.shall be given until three (3) 1 copies of a revised preliminary plan for the entire development, reflecting conditions of approval contained herein, have been submitted to the Department of Planning. Such plans shall be submitted within sixty (60) days of Board approval of this petition; 2. Approval is for a maximum of 208 228 dwellings subject to conditions contained herein. Locations and acreages of various land uses shall comply with the Approved Plan. --Sheets-IT-2T-and-3. In the final site plan and subdivision process, open space shall be dedicated in proportion to the number of lots approved. The Commission may permit dedication of a lesser acreage of open space in a particular case due to the remoteness of open space areas from that section platted; provided that in no event, shall open space consist of less than 25% of the cumulative area platted; and provided further that the cumulative total of 170 acres of open space shall be dedicated con- comittant with final approval of Phase 5. 3. No grading or construction on slopes of 25% or greater except as necessary for road construction as approved by the County Engineer; - 4. County Attorney approval of Homeowners' Association agreements prior to final approvals. County Attorney review for and approval of modification of such agreements in regard to clubhouse facilities prior to any Phase 2 approvals; 5. Fkaelag-eP-PeePeat4en-Improvemente-shall-be-ae-stated-ea-the-Apppeved-Flap-- Sheet-3-, Either the Hansen House or the Lego House shall be designated for clubhouse facilities priqr to any Phase 2 approvals. Playground, picnic areas, and tennis courts shall be provided prior to any Phase 3 approvals. The swimming pool shall be provided prior to any Phase 4 approvals; 6. Planning Commission approval of areas to be cleared on individual lots; Planning Commission approval of general dwelling location on each lot; 7. Ten trees per acre shall be provided in the area marked "TREES" on the Approved Plan - Sheet 1 of ZMA-79-06. Deciduous trees shall be 1 1/2" to 2" in caliper; non-deciduous trees shall be four to five feet in height. Locations shall be determined at the time of final approval of Phase 1; B. Utilities - 1. Fire Official approval of fire protection system. Such system shall be provided prior to issuance of any certificate of occupancy; 2. All lots shall be served by one or more central water systems approved in accordance with the regulations of the Virginia Department of Health, the Code of Albemarle County, and all other applicable law. Should this development be served by public water, the design and construction of such system shall be in accordance with the specifications of the Albemarle County Service Authority, and fire hydrants and fire flow requirements shall be provided as specified by the Fire Official; 3. Virginia Department of Health approval of two septic field locations on each lot. The Health Department shall either supervise or test each lot utilizing soil tests by a qualified soil scientist and undertake or supervise percolatlo tests as these may be required. Such tests must demonstrate that two septic drainfields can be located on each lot without encroaching on any slope exceeding 25%. Septic tanks and/or drainfields shall not be located on any slope of 25% or greater. Any lot not having adequate septic system site shall 1. No grading or c] ng for street construction shall occur hin any area unti the final storm,— detention and drainage plans for the subject sub-drainage basin have been approved for concurrent construction; 2. Private road "X" (Sheet 2 of approved plan for ZMA-79-06) shall not serve more ~! than 28 dwelling units, owners of said dwelling units shall become members of the Homeowners Association of Nerthridge Ashcroft property association and subject to all regulations governing said association. This condition shall not be construed as approval of any subdivision or plat; 3. Aeeeee-te-Reete-259-Baez-shall-be-releeated-aereae-£rem-the-entrance-te-Worrell Newspapers-ae-per-Virginla-8epartment-e£-Nighwaye-and-Tranapertatien-letter-e£- May-25r-1979v Virginia Department of Highways and Transportation commercial entrance approval for North Pantops Drive and County Attorney approval of agreements restricting usage of North Pantops Drive to Ashcroft and the Odyssey Supper Club shall be obtained prior to any final approval; 4. Virg#pia-Department-e£-Righwaye-and-TraAepertat#ea-approval-e£-assess-te-Rests 259-Baett--Reads-ehewn-aa-pablie-reads-ea-the-Approved-Plan---Sheet-2-- Lego Drive from frontage road F-179 to its cul-de-sac near the center of the -1 property shall be designed and constructed to Virginia Department of Highways and Transportation specifications and dedicated for acceptance into the State Secondary Road System; all other roads shall be in accordance with the private roads provisions of the Subdivision Ordinance. No final a..rovals shal be given until all road plans and profiles have been approved in accordance with this condition; 5. Virginia Department of Highways and Transportation approval of plans for improvements outlined in its letter of February 7, 1980 for: (1) the inter- section of Lego Drive and Frontage Road F-179; (2) improvements of Frontage Road F-179 and Lego Drive to U.S. Route 250- East; and (3) the intersection of Frontage Road F-179 and U.S. Route 250 East. Construction and/or bonding of these improvements and Lego Drive shall be accomplished prior to any Phase 2 approvals; 6. Lego Drive shall be designed to Virginia Department of Highways and Transportation's Category IV standards; North Pantops Drive shall be designed to Category IV standards as modified by the Subdivision Ordinance." Mr. Tucker said on February 26, 1980, the Planning Commission unanimously recommended approval subject to the conditions of the staff with the following changes: Condition A5, second sentence, add the words "Clubhouse renovation" at the beginning of the sentence; Condition B3, add "Homeowners' Agreements shall include provision for use of open space for septic drainfields, if necessary." at the end of the paragraph; Condition C3, add at the end of the sentence, "or North Pantops Drive shall be realigned with Worrell Newspaper entrance, prior to any final approval. In the alternative, North Pantops Drive may be terminated north of the southern property line with sole access to Ashcroft RPN to be via Lego Drive and Frontage Road;" Condition C6, add at the end of the sentence: "if connected to U.S. Route 250, or to appropriate standard of the Subdivision Ordinance if terminated." Mr. Tucker said the Planning Commission gave the applicant three alternatives regarding the roads: 1) Use the existing North Pantops Drive, which is next to the Odyssey Supper Club, with maintenance of the road being the sole responsibility of the Odyssey Supper Club and the applicant, however, the applicant stated that he is not able to get such an agreement from the adjacent property owner. 2) Construct a private road at the originally approved- location across from the Worrell Newspapers entrance. 3) Cul-de-sac Lego Drive at the end of the development and Lego Drive would then serve as the only access into the development. Mr. Fisher asked about the density designation for Ashcroft on the proposed zoning map. Mr. Tucker said the property is shown as being an RPN. Mr. Fisher then asked the designation for the area through which Lego Drive will traverse. Mr. Tucker said the area will be shown as rural. Mr. Fisher felt building that length of road through undeveloped land, will mean a lot of land will develop. Mr. Tucker said Ashcroft is calculated on a two-acre gross density and that is the current rural designation. Dr. Iachetta did not favor the third alternative from the Planning Commission. .Mr. Fisher asked if the original alignment were built as a private road, if Lego Drive would still be needed. Mr. Tucker said yes, Lego Drive is required regardless of the alternatives. Mr. Fisher asked how the Highway Department felt about using the Frontage Road. Mr. Roosevelt said using the Frontage Road will bring traffic off of Route 250 at a point where there is good sight distance and leaves room between the ramp and the entrance to the Frontage Road to handle right-turn traffic. Dr. Iachetta asked if there had to be a state maintained road into this development. Mr. Tucker said the staff feels a development of this size necessitates a state maintained road. Under Subdivision Ordinance requirements, when there are thirty-five or more lots, roads must be built to state standards, although they can be privately maintained. Mr. Lindstrom asked if the alternatives from the Planning Commission allowed two accesses, one on Lego Drive and one on North Pantops Drive. Mr. Tucker said no, the recommendation is for one or the other. Mr. Lindstrom asked why the Planning Commission decided on the extra entrance on Lego Drive. Mr. Tucker said the purpose was to give the applicant some flexibilit . Dr. Iachetta felt It would be a mistake for a subdivision this large to only have a private road serving same. The public hearing was then opened. Mr. Gary Cooper, President of Liberty Land Company, was present. He said he would prefer that North Pantops Drive be kept as a private road with the access open all the time, but the Planning Commission said an agreement had to be secured to guarantee the traffic would only be residential and from the Odyssey Supper Club. Such a guarantee cannot be obtained from the adjacent property owner. Mr. Cooper March 19, 1980 (:iei • Night Meating) f • said the Highway Department was concerned that a commercial use would develop in the area i between Ashcroft and Route 250 and use this access. Mr. Cooper said he feels the Planning Commission can control use of this access in the site plan stage. Mr. Cooper said the road is a legal right-of-way for him, as well as for the other property owner, and he does not have any control over others who might use the road. The purpose of buying the additional 38+ acres of land was to have another access because the grade did not meet Highway standards. He noted that he could not afford to build both North Pantops Drive and Lego Drive to state standards. Mr. Fisher asked if that meant he did not care for any of the Planning Commission alternatives. Mr. Cooper said he would prefer that the Planning Commission control the fl commercial traffic when a site plan is filed. Mr. Lindstrom asked if the grade for the two entrances off of Route 250 is acceptable to the Highway Department. Mr. Cooper said yes, but there is a grade problem for the first nine hundred feet as you enter the development on North Pantops Drive. Mr. Lindstrom asked if that meant there was no way for the road to be state maintained. Mr. Cooper said no, North Pantops Drive will be maintained privately but will be built to state specifications. Mr. Tucker said it will be built to state 1 specifications but will not meet grade requirements. Mr. Cooper said there is a sight distance problem on the Frontage Road, but he felt it can be corrected. Mr. Cooper said he has agreed to upgrade the Frontage Road, and construct a cul-de-sac past his entrance, provided he does not have to give up access from North Pantops Drive. Mr. Cooper said flexibility is needed on the health department requirements in condition B3. He agrees to the need for two septic drainfield locations on each lot but suggested that instead of saying "won't encroach on any slope exceeding 25%" to say something like "not encroaching by more than 50% on any slope over 25%". Mr. Fisher then questioned the addition of the twenty lots to this plan. Mr. Cooper said some lots were reshaped and some lots were deleted both on the front of the property and internally. Additional acreage was added, but the sports club house was only thirty-seven feet from the property line. Therefore, he had to give up some prime lot area to get protection around the house so it could be utilized. He also noted that the twenty additional lots will pay for the cost of the road improvements and the sports club. Mr. Cooper then noted that a profile on all the roads as required in condition C4 is very difficult and costly since the roads will not be constructed for three or four years. His engineer had studied the contour maps of the roads when the decision was made to culdesac Lego Drive in the middle of the property and a complete road study was made at that time. Mr. Cooper said there are no problems with meeting requirements for the private road provisions in the Subdivision Ordinance and he would like to have the requirement: relaxed. , With no one else present to speak for or against the petition, the public hearing was closed. i • Dr. Iachetta asked the rationale for putting a cul-de-sac on Lego Drive in the middle of the property and then the remainder of Lego being private instead of continuing Lego as a state road to the cul-de-sac at the property line. Mr. Cooper said the section past the LImiddle of the property cannot meet state requirements relative to grade, since it is about 15%. The grade of the private roads will be under the limitations in the private road provisions. Mr. Tucker suggested there not be any final approval of the plan until all plans and profiles for State roads have been approved. Mr. Lindstrom said the additional road makes him feel that the extra lots and the paving of the road are not necessary. He could not support adding Lego Drive because he , felt this would open land for more development. He did not feel a cul-de-sac on North Pantops Drive was of any benefit because he did not think such would affect the future use of the road. He did support the North Pantops Drive entrance. Mr. Lindstrom also could not support the request for relaxing Health Department requirements. He felt the 25% 1 requirement is not excessive and noted most Jurisdictions deal with a 15% grade. s Dr. Iachetta said the problem the applicant is having with trying to site roads points 1 1 out that the site is not amenable to development due to the steep slopes. He felt a i 1 serious error would be made if this development is approved without assuring that part of i the road system feeding into the development be state maintained. Mr. Henley felt there + would be a problem with school buses if there is not a state maintained road in this development. 1 . Mr. Dan Roosevelt, Resident Highway Engineer, was present. He said as long as Lego ' Drive is built so that traffic can go east to get onto the interstate, then North Pantops ; Drive will function adequately because most of the traffic using this exit will be turning right. There will be an area for left turns at North Pantops Drive and a traffic signal will probably be erected when State Farm Boulevard develops and this will protect left turn movements. At the present, the left turn lane is only twelve feet in length and that is J not enough room for an automobile. If 'Lego Drive is deleted and all traffic is forced to use North Pantops Drive for both left and right turns, then North Pantops Drive is not at i an adequate location. There will also be problems with North Pantops Drive if all the t traffic exiting at this point is not residential. Mr. Roosevelt said the owner cannot be denied access by the Highway Department to either road and he felt access could be controlled • by the site plan. Mr. Tucker said the decision in the Hylton Case will not affect the Board's decision on this petition as long as the roads are not in the State system. The . improvement of North Pantops Drive is necessary and can be required. Mr. Lindstrom asked if a condition could be imposed to limit use of North Pantops Drive when Lego Drive.becomes . a State maintained road. Mr. Tucker did not feel such a condition could be imposed. Mr. Cooper said condition C5 states that construction of Lego Drive and the improvements to the 1 Frontage Road shall be accomplished prior to any Phase 2 approvals. He suggested using North Pantops Drive for the first phase, which is the land closest to the Odyssey Supper Club. When Lego Drive is finished and servicable, then the access on North Pantops Drive be deleted. Mr. Fisher did not feel it was realistic to build North Pantops Drive to state standards and then when Lego Drive is built, to tear up North Pantops. Mr. Cooper said , when the commercial property in front of Ashcroft develops, North Pantops Drive will be needed for that development. Mr. Fisher was concerned about the undeveloped commercial property and creating another entrance. Mr. Lindstrom said the commercial property is not part of this application. Miss Nash felt the Odyssey entrance was the better of the alternati+es. Mr. Roosevelt said the entrance to State Farm Boulevard is about one hundred feet from the Odyssey Supper Club entrance on North Pantops Drive. Mr. Roosevelt then briefly discussed what would happen when the commercial property developed and noted that Lego Drive as a State Road, and North Pantops as a private road, would be adequate to serve Ashcroft. Dr. Iachetta favored the state road with no other access. He felt a serious error would be • made if there was no state road in the development. 410 March 19, 1980 (Regular Night Meeting) Mr. Fisher said he felt the Board is in general agreement with all of the Planning Commission conditions except the question of where to terminate Lego Drive. Dr. Iachetta favored Lego Drive being constructed as a State Road with the cul-de-sac being placed at the property line. Dr. Iachetta asked if there was a possibility of North Pantops Drive �+ becoming a state road at some time in the future. Mr. Fred Landess, attorney for the applicant was present and did not think this would be possible since Mr. Cooper's use of North Pantops Drive is over a deeded right-of-way. He said regardless of whether this project uses North Pantops Drive or not, the road is an approved commercial entrance and the other property owner can still use North Pantops Drive. Mr. St. John said in order not to become embroiled in a Hylton type case condition C5 should include the words "by the developer" in the first sentence between the words "improvemerts" and "outlined" and in the last sentence, insert the words "by the developer" between "Construction" and "and/or". Dr. Iachetta said no improvement of the Frontage Road is required until the plan for Phase 2 is presented. Mr. Fisher felt if Lego Drive is to be the only access, then the phasing language should be deleted. Dr. Iachetta said the alternative would be to allow the use of North Pantops Drive until such time as phase 2 develops. Mr. Fisher felt phase 2 is just one little part and the applicant could go to other phases before starting phase 2. Mr. Cooper said he has volunteered to cut off North Pantops Drive, if it can be -� used until Lego Drive is constructed. Mr. Fisher asked if North Pantops Drive would be used only while construction of Phase 1 is in progress and then closed for all subsequent phases. Mr. Cooper said yes. If the alignment of North Pantops Drive is ever changed or an entirely new road built, he would like to reserve the right to open the new road as a state maintained road. Mr. Lindstrom then offered motion to substitute the following language for condition C3: "Use of Odyssey Supper Club entrance road only until construction of Lego Drive, at which time said entrance road shall be terminated north of the southern property line." and to amend condition C5 to read as follows: "Virginia Department of Highways and Transportation approval of plans for improvements, by the developer, outlined in its letter of February 7, 1980 for: (1) the intersection of Lego Drive and Frontage Road F-179; (2) improvements of Frontage Road F-179 from Lego Drive to U.S. Route 250 East; and (3) the intersection of Frontage Road F-179 and U.S. Route 250 East. Construction by developer d/or bonding of phase these improvements and Lego Drive shall be accomplished prior to any approvalsof any beyond Phase 1." Dr. Iachetta seconded the foregoing motion. Mr. Fisher then requested that condition C4 include the words "State roads" in the last sentence between "profiles" and "have been" and in Condition C6, to strike all language from "North Pantops Drive shall be" to the end of that sentence. Mr. Lindstrom then amended his motion to include the requests of Mr. Fisher. Dr. Iachetta accepted the amendment to his second. Roll was called on the foregoing motion and same carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Iachetta, Lindstrom and Miss Nash. NAYS: None. ABSTAIN: Mr. Roudabush. Dr. Iachetta then offered motion to approve ZMA-80-03, Liberty Land Company, Ltd., with the Planning Commission conditions and the foregoing amendments. Miss Nash seconded the motion and same carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Iachetta, Lindstrom and Miss Nash. - NAYS: None. ABSTAIN: Mr. Roudabush. - At 9:23 P.M., the Board recessed and reconvened at 9:26 P.M. Mr. Roudabush returned to the meeting. Agenda Item No. 4. SP-80-01. Renata Tosti-Noc. The applicant was not present and Mr. Fisher suggested continuing with other agenda items until the applicant was present. r , ' - Agenda Item No. 5. SP-80-02. Shenandoah Valley Television Systems, Inc. Petition to replace an existing 200-foot television tower on Carter's Mountain with a 186-foot tower. County Tax Map 91, Parcel 28, part thereof. Scottsville Magisterial District. (Advertised in the Daily Progress on March 5 and March 12, 1980.) Mr. Tucker presented the following staff report: "Request: Replacement of non-conforming transmitting tower and expansion of non- conforming equipment building under Section 2-1-25(27) of the Zoning Ordinance. Acreage: 1.01 acres Zoning: A-1 Location: Property, described as Tax Map 91, parcel 28, part thereof, is located on Carter's Mountain. Character of the Area: There are currently five antennae towers on this property. A satellite receiving system was recently approved for Jefferson Cable. Staff Comment: The current tower is 200 feet in height, painted red, and lighted. Since the proposed tower would be 186 feet in height, the FAA will not require painting or lighting of the tower. The existing equipment building is proposed to be expanded by about 200 square feet or 50%. Staff recommends approval subject to: 1. Virginia Department of Highways and Transportation approval of access; 2. Old tower to be removed within 30 days of location of new tower."