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HomeMy WebLinkAboutZMA197700012 Minutes 1977-07-20 I_.. _L_i -__L__!_ __ _ 2..80 July 20, 1977 (Regular-Night Meeting) A regular meeting of the Board of Sup rvisors of Albemarle County, Virginia, was held on July 20, 1977, at 7:30 P.M., in the Alb marle County Courthouse, Charlottesville, Virginia. Present: Mrs. Opal D. David and Mesa s. Lindsay G. Dorrier, Jr., J. T. Henley, Jr., Gerald E. Fisher, F. Anthony Iachetta and !illiam S. Roudabush. Absent: None. j Officers Present: Mr. Guy B. Agnor, .tr., County Executive; Mr. George R. St. John, 1-7 County Attorney; and Mr. Robert W. Tucker, Jr., County Planner. Agenda Item No. 1. The meeting was called to order at 7:30 P.M. by the Chairman, Mr. Fisher. I Agenda Item No. 2. ZMA-77-06. Daniel A. and Lorene L. Robinson. (Deferred from June 1, 1977.) r Mr. Robert W. Tucker, Jr., Director o Planning, was present and noted the applicant I ' ! has requested the Planning Commission to d fer this matter until August 2, 1977. Mr. Fisher felt the matter should be deferred ntil the Planning Commission has acted and be readvertised for a public hearing at that ime. Dr. Iachetta then offered motibreto'fhat- effect. Mr. Dorrier seconded the motion and same carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fie er, Henley, Iachetta and Roudabush. NAYS: None. I Agenda Item No. 3. Resolution of int-nt to amend Section 18-2 of the Code of Albemarle regarding general language and the definit'on of "subdivision". (Deferred from June 1, 1977.) Mr. Tucker said this has been deferre• several times by the Planning.Commiss nn_.andI•the Board. He recommended it be readvertised •nce the Planning Commission has acted. Mrs. David then offered motion to defer this ... ter and readvertise same upon completion of work by 17he Planning Commission. Mr. Dorrier a-conded the motion and same carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fis' er, Henley, Iachetta and Roudabush. NAYS: None. Agenda Item No. 4. ZMA-77-10. Bisc it Run, Inc. To rezone 201.0 acres from A-1 to r RPN/RS-1. Property is located on the wee side of Route 631, approximately 2 miles south ff of Charlottesville, Virginia. County Tax lap 89, Parcels 95 and 95A; County Tax Map 90, Parcels 3 and 5, part thereof. Samuel Mi ler Magisterial District. (Advertised in the Daily Progress on July 6 and 13, 1977.) Mr. Tucker noted this item was not p operly brought before the Planning Commission and has been dismissed by them; therefore, no action is needed. Agenda Item No. 5. ZMA-77-09. Walt=r and Lucy Young. (Deferred from June 15, 1977.) This item was deferred from June 15, 1977 so the Board members could visit the site. Mr. Roudabush asked if the applicant intended to use both central water and sewer. Mr. Walter Young was present and said the e would be a central septic system and a well. At the present time, he has one septic system and one well serving two houses. Mr. Fisher asked if one well serving two units and o e well serving three units would qualify as a central water system. Mr. Tucker said he would have to obtain a central well permit for the well serving three units. Mr. Young -aid there is plenty of water in the area and the soil is good. Mr. Roudabush supported th request since the railroad provides a reasonable buffer between residential property and t e land to the north. Mr. Dorrier did not feel this rezoning changed the character of th= area and asked why the Planning Commission was opposed. Mr. Tucker said it is not in co.pliance with the Comprehensive Plan and a precedent would be set. Mr. Fisher understood the •oncerns of the staff and commission since a lot ' of large parcels exist to the south and east of the railroad which would 'be subject to i" subdivision if the railroad is used as a .oundary line. Mr. Henley said a lot of that land is steep and has terrain problems. Mrs. David said the community consists of modest housing which is needed in the County and offered motion to approve the request to rezone 5.189 acres from A-1 to RS-1. Mr. Henley secon•ed the motion and same carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fi=her, Henley, Iachetta and Roudabush. NAYS: None. r' Mr. Roudabush cautioned Mr. Young to find out about the well before platting and subdividing the land into lots since it will be a factor in determining the number of lots. Agenda Item No. 6. Public Hearing: ZMA-77-12. James Maupin. To rezone 32.34 acres evc :4 from A-1 Agriculture to RPN/RS-1. Property is located on the northeast side of Route 684 �� iip at the intersection of Routes 684 and 691 County Tax Map 55, Parcel 64. White Hall Magisterial- District. (Advertised in the Daily Progress on July 6 and 13, 1977.) Mr. Tucker read the following staff •eport into the record: "All the properties surrounding the subject property are pres.ntly zoned A-1 Agriculture. The site is largely wooded, rising as one proceeds northward rom Route 691. The surrounding area is generally open agricultural land with light residential development. On the north side there are large acreage residential lots; to the we t a farm; to the south a combination of farming and large acreage residential lots; and t. the east, vacant and wooded land. At present, a.... ........_.. ..�.� L�{.�.. 1...{1� . .. ........14 nP FM.. ....1..i{..{..{.... n....wn..nA Y... FS... Oln....{v.n nnw..n{•.n{n.. 281 July 20, 1977 (Regular-Night Meeting) three more off of Route 684. Previous to that, in March 1972, ZMA-196, requesting a rezoning •f the property from A-1 to R-1 was denied by the Board of Supervisors. The effective Comprehensive Plan calls for this site to be developed at a medium density (2.5 du/acre). However, the proposed Comprehensive Plan calls for this area to remain agricultural in nature; The residential objectives of medium density areas note that these areas include primarily single family units or cluster communities, townhouses or patio houses, with open space allowances. This development proposal calls for 22 lots, average size about 40,000+ square feet to be served by public water. Mr. Tucker then read the following Comparative Impact Statistics: Existing Plat Existing Comprehensive Proposal Plan Number of dwelling units 14.0 7475 22.0 Units per acre 0.5 2.5 0.74 Number vehicle trips/day 102.2 540.2 160.6 Number of students ' 9;3 49.1 14.6 Land Use Data 22 lots on 29.61+ acres, average and minimum size lot - 40,000 square feet The staff is concerned over the low visibility available on Route 691 due to an almost blinding sun in the late afternoon. With this in mind, the applicant has been advised by the staff that a preferable access layout may involve the use of only three main drives, all from Route 691, serving all 22 lots. This alternative would reduce the number of curb cuts on Routes 684 and 691 from six to three." Mr. Tucker said the applicant went back and amended the site plan so there would be only three entrances on Route 691 after the ?lanning Commission reviewed the request. It calls for the same number of driveways to enter from Route 691, one of which is more dangerous in terms of its distance from Route 584 than any in the previous plat. It also calls for one joint entrance off Route 684 (this being a reduction from the three entrances in the previous plat) which eliminates a more dangerous entrance shown on the previous plat. This proposal also calls for two fire zydrants to be installed in the central common area. Staff recommends approval of this ?ezoning for the following reasons: a) The staff feels that this plan would reduce the ?oad stripping which can occur under the presently approved subdivision; b) The Comprehensive ?lan calls for a higher density for this area than the one being applied for; c) Although he proposed plan increases the intensity of the land usage as compared to the approved subdivision plat, the staff feels that the plan has merit. Mr. Tucker said the Planning Commission on July 12, 1977, recommended approval with she following conditions: 1, Fire Marshal approval of fire fighting facilities including the water source, hydrant locations, access facilities and the installation and dedication to Albemarle County Service Authority of an 8" water line I ' having its source at the nearest hydrant on Route 684; !_ 2. Engineering Department approval of private drive specifications; 3. Highway Department approval of entrance locations and commercial entrances; 4. Albemarle County Service authority approval of water lines; 5. All proposed common areas are to remain undisturbed with the exception of the recreation areas and driveways as noted on the plan; 6. Written Health Department approval; 7. Only three driveways are to be used in serving all lots in the development; 8. County Attorney's Office approval of Maintenance Agreement for the maintenance i�}} of all common areas and driveways; No dwelling unit may be closer than 150 feet from their adjacent dwelling units; (9/ 0. The three entrances are to each have a 12 foot wide deceleration lane, 25 feet in length, with a 25 foot taper. Mr. Tucker recommended the addition of condition 11 which follows: Location of trees be,as shown on the plan marked "Received, July 20, 1977, Robert W. Tucker." Mr. Tucker recommended the trees which have been cut be replaced and Mr. Maupin has agreed. The Highway Department has reviewed the entrances and all requirements have been met. Mr. Tucker then noted two letters requesting denial of this request from Ms. Carolyn Wilcox and Mr. David Charters who felt the zoning should remain A-1. At this time, the public hearing was opened. Mr. Max Evans, representing Mr. Maupin, was present. He said the request is for an RPN because the land is subdivided into two acre parcels and the existing subdivision has lots with Joint drives for eight entrances. The site also falls within the Crozet cluster in the existing Comprehensive Plan. The applicant proposes to bring in an eight-inch water line for 1,600 feet along Route 684 which would provide a hydrant at this location on Route 684 and three hydrants within the development. The plan reduces the number of entrances to three and these three would have stacking space. Mr. Evans then summarized the advantages of the plan and the reason the rezoning should be approved: 1) The RPN designation is allowed in agricultural zones where it can meet the number requirements and common open space to be shared by the residents. 2) Provides fire protection by bringing water to the site. 3) Additional safety in terms of access and egress from the site onto the existing highway. 4) A permanent buffer provided along the highways and with the common open land which can be left in its natural condition or planted. 5) Configuration of the lots fits better with the land. Mr. Dorrier asked if the applicant would be receptive to having less than three roads entering onto the main road since Route 691 is narrow and unsafe. Mr. Evans said the entrances could be reduced to one with an extremely long private road. Mr. St. John noted the policy of the Board is not to permit more than ten lots on a private road. Mr. Charles Mott, property owner in the immediate vicinity, was present. He was opposed to the plan as submitted. He discussed the visibility problems and urged the Board to request the developer, the County Engineer, and the Highway Department, to seriously consider the proposal of bringing one state approved public road off the highway into the subdivision. He felt this was safer and the homes would be worth more. He noted one hundred and six 782 July 20, 1977 (Regular-Night Meeting) Speaking next was Mr. Holmes Withers owner of property west of the subject property. He was not opposed to the subdivision but requested some consideration be given to the number of entrances since he owns a considerable amount of frontage next to this property. With no one else present to speak, the public hearing was closed. Dr. Iachetta asked the distance from the first entrance to the property entrance on the boundary near Route 691. Mr. Tucker said 150 feet which is enough room to have a longer than twenty-five foot stacking lane. Dr. Iachetta felt the stacking lane should be at least seventy-five feet in length. At this time, Dr. Iachetta offered motion to approve ZMA-77-12 ^p1i Oil ( n with the conditions of the Planning Commission but changing condition #10 to read: "The 1) three entrances are each to have a 12-foot wide deceleration lane, 75 feet in length, with a 25-foot taper." and adding condition #11: "Location of trees to be as shown on the plan ���� I.. marked "Received, July 20, 1977, Robert W. Tucker." Mr. Roudabush seconded the motion. Mr. Evans said the three entrances are privately maintained drives which have to be built to commercial standards with a thirty-foot width and radius. He felt the twenty-five feet, plus the twenty-five foot taper, plus the thirty-foot in width and radius would be sufficient on which to pull a bus. He felt regular deceleration lanes for the lots would be excessive. r' Mr. Roudabush noted the highway department would require a standard deceleration lane if this was a State-maintained road. Mrs. David felt in terms of having a pleasant place to live, private roads are preferable than a state highway running through a subdivision. Roll was then called on the foregoing motion and same carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Agenda Item No. 7. Public Hearing: SP-77.35. John C. Cockrill. To locate an electric wholesale supply on 55,160 square feet (approximately 1.3+ acres) zoned B-1 General Business. Property is located on Route 20 North, just off Route 250 East, behind Audi-Porsche. County Tax Map 78, Parcels 5C and 5D. Rivanna Magisterial District. (Advertised in the Daily Progress on July 6 and 13, 1977.) Mr. Tucker read the following staff report into the record: "This site and building are currently occupied by Cavalier Camping Trailer Sales. Berlin Porsche-Audi is adjacent to the south and Ra'el Body Shop is adjacent to the north. The applicant proposes to operate a wholesale electrical supply company and maintain a residential and commercial lighting showroom on this site. A small outside storage area would be maintained at the back of the building. A special use permit was granted for this property for a travel trailer sales. A condition of this special use permit was compliance with the site plan prepared by M. Cox and dated October 3, 1972. Upon review of the site, staff opinion is that this site plan has not been complied with adequately. As the site has been developed, compliance with the plan at this time would be difficult. (The property owner is the same as at the time of the previous permit,) The current applicant is anxious to occupy the site, therefore, conditions have been developed by the staff which permit occupancy soon and at the same time, provide opportunity to determine if the site, as developed, is adequate. Staff recommends approval with the following conditions: 1) The applicant or property owner shall post bond, for certain improvements shown on the plan by M. Cox and dated October 3, 1972. For the purposes of this condition, the site shall be considered to be undeveloped and graded as shown on the plan. Specific items to be bonded for landscaping are as follows: Trees indicated shall be considered eleven white pines 10' in height. Shrubs shall be considered to be eleven Burford Holly 2' in height. (Staff did not have the recommendation from the County Engineer or the Highway Department at the time the staff report was written, but now a and b of the staff report are not needed since the facilities are deemed adequate.) 2) Approval of revised site plan to include landscaping plan with provisions for seeding of bare slopes. This shall not be required prior to occupany; 3) Abandonment of SP-214. This can be accomplished through written request to the Planning Department by the property owner; 4) Approval of appropriate staff and local agencies." r- Mr. Tucker said the Planning Commission recommended approval of SP-77-35 on July 5, 1977, with the following conditions: 1. Staff approval of landscape plan. Landscape plan to be executed or bonded prior to occupancy; 2. Approval of the application constitutes repealer of SP-214, effective August 1, 1977; 3. Approval of appropriate state and local agencies. At this time, the public hearing was opened. Mr. Dave Wood, representing the applicant was present and urged approval. With no one else present to speak for or against the petition, the public hearing was closed. Motion was offered by Mr. Roudabush to approve SP-77-35 with the conditions recommended by the Planning Commission. Dr. Iachetta seconded the motion and same carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Agenda Item No. 8. Public Hearing: Shelter Associates. SP-77-36. To amend SP-100-76 (a special use permit for a craft shop) to add 0.467 acres to the site, for a total of 0.909 39 _ i; .....)?/'1 / 44A 44 ` /464 /' N------. . \-- ) \ / ..y 4- 40'\ \ t\ \ ao/ -'j 40C I l / 49\ 1 I :6J�i �! 4z 45; lit f 50 / ~ ���111 43 — ?8@ I�, -� 40D 51 ,, \""\ 251, 4 I 271 / �. _ � � f 408 I/. SS Sr� �.s1// 4.24\ 11 . k. '1%(' + . .� , _ / 26 • �'�`w*q 62 I - SEO,bM 53G-• GRES •r 4Sc . 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