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HomeMy WebLinkAboutSP199400021 Action Letter ~ t 1 t n ~ , t 1 n ri 000068 August 17, 1994 (Regular Night Meeting) (Page 3) AYES: Mrs. Humphris, Messrs. Marshall, Martin, Perkins, Mrs. Thomas and Mr. Bowerman. NAYS: None. (The adopted ordinance is set out below:) ORD. NO. 94-4(2) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4 ANIMALS AND FOWL, ARTICLE 2, DOGS, DIVISION 2, RUNNING AT LARGE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4, Animals and Fowl, Article 2, Dogs, Division 2, Running at Large, is hereby amended and reor- dained by amending section 4-19, In certain areas, as follows: ARTICLE II. Doas. * * * * * Division 2. Runninq at Larqe. * * * * * Sec. 4-19. In certain areas. * * * * * (31) Milton Heights Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed Book 343, page 64. (32) Shadwell Estates Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed book 339, page 458. Agenda Item No.8. SP-94-21. Reid or Jessica W. Nagle. Public Hearing on a request to construct a bridge in the flood plain of an unnamed tributary of the Doyles River. Located on E sd of Rt 810/Rt 673 inters. TM15,P19. White Hall Dist. (Advertised in the Daily Progress on August 1 and August 8, 1994. ) Mr. Keeler summarized the staff report which is on file in the Clerk's office and a part of the permanent record of the Board. Staff reviewed the request for compliance with Section 31.2.4.1 of the Zoning Ordinance and recommended approval subject to eight conditions. Mr. Keeler said the Planning Commission, at its meeting on July 26, 1994, unanimously recommended approval of SP-94-21 subject to the eight conditions suggested by staff. Mr. Perkins asked why the title for this agenda item mentions states "an unnamed tributary of the noyles River". Mrs. Thomas said the proposed stream crossing is a replacement of the crossing of an unnamed tributary. She agreed that the sentence in the agenda item seemed incorrect. Mr. Perkins said he was concerned that the language relating to the public hearing was incorrect, and he wondered if it had any effect on the advertisement. Mr. Davis said the public hearing was properly advertised. The Chairman opened the public hearing. Mr. Steve Driver, of McKee Carson, Inc., said he was present to repre- sent the applicant. The unnamed tributary is the stream which flows into the Doyles River across the existing driveway. The watershed area is approxi- mately 260 to 270 acres. The Nagles have had difficulty getting into and out of their driveway. In studying the situation, it was determined that the current driveway is inadequate and will flood under typical thunder storm conditions. There is a 15 inch pipe currently being used because this is a low level driveway and the land is flat. To provide an adequate driveway for ten year storm regulations, a series of large culverts would have to be installed and the driveway raised about five feet in elevation. Based on the proximity of neighboring property this measure is not recommended. If an embankment was created, the adjacent properties would be flooded under extreme storm conditions. Bridging the noyles River is the most sensible alternative in terms of safety to neighboring properties. The bridge would have a span of approximately 35 feet and no work would be done in the stream bed of the Doyles River. The bridge would cross in the vicinity of Slam Gate Road. Mr. Driver said he discovered, after talking with some of the residents in the area, that Route 810 stays above the 100 year flood plain, so it would afford the neighbors access into and out of their properties. Mrs. Thomas asked if the Nagle'S driveway was built to any particular design standards. Mr. Driver said there are no design standards for drive- ways. He added that with the current driveway, there would be an estimated eight inches of water crossing it with a two year storm. Even during smaller storms water crosses the driveway. The Nagles are concerned about the safety of their young child. There being no other comments from the public, the public hearing. 000069 ,.\ August 17, 1994 (Regular Night Meeting) (Page 4) Mrs. Humphris offered motion, seconded by Mrs. Thomas, to approve SP-94-21 subject to the following conditions: Virginia Department of Transportation approval of entrance onto Route 810; 1- 2. 3. n 4. 5. ~ I 6. 7. Department of Engineering approval of bridge design; Department of Engineering approval of hydrologic and hydrau- lic computations; Department of Engineering approval of Grading plan; Department of Engineering approval of Erosion control plan if greater than 10,000 square feet of area is disturbed; Water Resource Manager approval of Water Quality Impact Assessment; Proof of compliance with applicable Federal and State per- mitting requirements regulating activities in perennial streams; and 8. All divisions of Tax Map 15, Parcel 19, shall utilize the proposed stream crossing. Roll was called and the motion carried by the following recorded vote: AYES: Mrs. Humphris, Messrs. Marshall, Martin, Perkins, Mrs. Thomas and Mr. Bowerman. NAYS: None. Not Docketed. At this time several people in the audience informed the Board that they could not hear the proceedings. After determining that a large group of people were present for Agenda Item Nos. 9 and 11, the Board decided to take up Agenda Item No. 10 and then move into the Auditorium for the remaining agenda items. Agenda Item No. 10. ZMA-94-11. George Clark. Public Hearing on a request to amend proffers of ZMA-92-13 to allow realignment of entrance to Rt 712. Property, described as TM87P's 57C&66-76 inclusive and TM99,P's 109-116 inclusive, is located in SE corner of inters of Rt 712 & Rt 760. Zoned VR with proffers. Site located in designated growth area (Village of North Garden) and recommended for VR (1 dwelling unit per acre) . (Advertised in the Daily Progress on August 1 and August 8, 1994.) Mr. Keeler summarized the staff report which is on file in the Clerk'S office and a part of the permanent record of the Board. Staff reviewed the request for compliance with ZMA-92-13 and SP-93-02 and recommended approval of the request to eliminate proffer #3 of ZMA-92-13. Mr. Keeler said the Planning Commission, at its meeting on August 9, 1994, unanimously recommended approval of ZMA-94-11 to delete the existing proffer #3 of ZMA-92-13 and replace with additional language. The Chairman opened the public hearing. Mr. A. L. Yancey represented the applicant. He described how the original entrance had been just a conceptual plan and later determined that it was not the best location. After engineering was completed, it was decided that it would be better for the project if the road was moved about 500 feet. VDoT has done traffic counts at the proposed entrance to Route 712 and the results were acceptable. He explained that the fill reduction over the river will be drastically reduced as will the length of the box culverts. n No one else came forward to speak, so Mr. Perkins closed the public hearing. n t 1 Mrs. Thomas said in the minutes of the Planning Commission meeting one member of the Commission commented that, "What makes this attractive to me is the fact that it is more sensitive, it goes with the lay of the land and will contribute to there being less fill in that area." She said that statement summarizes the situation. Mrs. Thomas then offered motion, seconded by Mr. Martin, to approve ZMA-94-11 to delete the existing proffer #3 of ZMA-92-13 and replace it with the following language: Access to the property shall be limited to a single point on Route 712. Emergency access not limited by the previous sentence. Roll was called and the motion carried by the following recorded vote: AYES: Mrs. Humphris, Messrs. Marshall, Martin, Perkins, Mrs. Thomas and Mr. Bowerman. NAYS: None.