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HomeMy WebLinkAbout1970Page 304 The Albemarle County Planning Commission met on January 5, 1970 in the County Court House at 7:30 P.M. in Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, n John Wright and William Perkins. Also attending was Mr. T. M. Batchelor, Jr., County Executive. Absent was: Henry Page. The secretary established that a quorum was present. The reading of the minutes of December 15 and 22, 1969 were dispensed with and approved as submitted. At this time the public hearings were called for by the Chairman. 1. ZMP-089. Emery N. Skeen, Applicant has petitioned the Board of Supervisors for a change in zoning from A-1 Agricultural to B-1 Business for five -eights (5/8) of an acre located on Route 20 just north of the Town of Scottsville. Assessment Map 130A(l), Parcel 32. Scottsville Magisterial District. ZMP-089 was deferred from the November meeting to the January 5 meeting to obtain information relating to improve- ments of Route 20 in the vicinity of this application. The secretary reported that the Highway Department had stated they had no immediate or future plans for the realign- ment and improvement of Route 20 at this location. During the discussion of the Commission, Mr. Wright stated his opposition to the proposed rezoning because of safety factors involving the subject property and its development under the B-1 category. At the conclusion of the discussion, Judge Amato made the following motion seconded by Mr. Maupin that ZMP-089 be approved as requested. The motion carried by a 6 to 1 vote with one abstention (Mr. Wright). 2. ZMP-098. W-C Associates. Applicant has petitioned the Board of Supervisors for a change in zoning from A-1 Agricultural to R-3 Residential for 79.0 acres. Located at the intersection of Route 743 (Hydraulic Road) and Route 631 (Rio Road). Property is described as Tax Map 45, Parcel 21, Charlottesville Magisterial District. Page 305 The staff presented its report elaborating on the impact of this zoning request as well as the present trend taking place in the area of Hydraulic Road. After which Mr. Daley Craig presented the petition stating the merits of the R-3 zoning in the area and elaborating on the availability of schools and utilities. He questioned the staffs motives for deferral of 6 months, Mrs. Garlick, former owner of V110 the property appeared in favor of the rezoning. After a general discussion by the Commission, Mr. Carr made the following motion seconded by Judge Amato that ZMP-098 be approved as submitted. The motion carried by unanimous vote of those present. 3. ZMP-100. Herman A. Howard. Applicant has petitioned the Board of Supervisors for a change of zoning from A-1 Agricultural to RS-1 Residential on 4.4 acres of land located in the Ivy area on southeast side of Route 708. Described as Tax Map 58, Parcel 14. Samuel Miller District. The staff presented his report in favor of the request. After a general discussion on the merits of the proposed zone, Mr. Maupin made the following motion seconded by Judge Amato that ZMP-100 be approved. After the motion had been made a lengthy discussion occurred regarding the applicants justification for the rezoning at the conclusion thereof, Judge Amato withdrew his second to the proposed motion. The motion died for lack of a second. At this time, Mr. Carr made the following motion seconded by Mr. Wright that ZMP-100 be deferred until the meeting of February 2, 1970 at which time the applicant was to appear to present his case. It was noted that he was not present tonight. The motion carried unanimously by those members present. At this time Mr. Carr excused himself from the public hearings relating to the request of O'Neill Enterprises, Inc.. 4. ZMP-099. O'Neill Enterprises, Inc.. Applicant has petitioned the Board of Supervisors for a change in zoning from B-1 Business to M-1 Manufacturing on 3.6 acres and from B-1 Business to M-2 Manufacturing on 14.2 acres located in the south central portion Page 306 of "Willoughby" between but not contiguous to, 5th Street and Avon Street Extended, south of Charlottesville. Described as Tax Map 76, Parcel 57A (part thereof) and Tax Map 77, Parcel 4 (part thereof). Charlottesville Magisterial District. The staff presented his report after which he informed the Commission that after consultation with the County Planning Consultant, Mr. Rosser Payne, that it was the opinion of the Consultant and himself that a M-1 zoning should be granted on the entire 17.8 acres of land and that they found the M-1 zoning compatible with the expected growth in the area and they further informed the Commission that a refining of the existing manufacturing zones would be accomplished under the Comprehensive Plan. At this time Mr. Edward Deets, attorney, presented the petition stating that the staff's and a consultant's request posed no problem with the applicant. Mr. -M-ar-k Evans, Planning Consultant for the applicant, presented the entire proposal for a development on the "Willoughby" tract containing 300 acres of which the M-1 zoning would be a part. Mr. Frank O'Neill also appeared and elaborated on the request and proposals contemplated within the M-1 zone. After a general discussion, Mr. Perkins made the following motion seconded by Judge Amato that ZMP-099 be approved in its entirety for M-1 zoning. The motion carried by a 6 to 0 vote with one abstention. 5. Use Permit 69-02. O'Neill Enterprises, Inc.. Applicant has petitioned the Board of Supervisors to amend the Permitted Use Section as found in Article 8, Industrial, General, District M-2 to include provisions for "Construction and operation of a manufacturing plant for the casting and finishing of concrete modules for building structures," subject to a Conditional Use Permit, as authorized under Article 10-4 of the Albemarle County Zoning Ordinance. The staff presented his report, after which Mr. Deets and others representing the applicant spoke on the process of modular unit construction after which the Planning Commission held a lengthy discussion. Upon completion of the discussion, Mr. Maupin made the following motion seconded Page 307 by Judge Amato that the Albemarle County Zoning Ordinance, Section 7-1-24, "Uses Permitted" be amended to include "Manufacturing and assembly of modules with a Conditional Use Permit". The motion carried by a 6-0 vote with one abstention. 6. CU-122. O'Neill Enterprises, Inc.. Applicant has petitioned the Board of Supervisors for a Conditional Use Permit to permit in a proposed M-2 zone a plant for casting and finishing of concrete modules for building structures on land described as Tax Map 76, Parcel 57A (part thereof) and Tax Map 77, Parcel 4 (part thereof). Charlottesville Magisterial District. The staff presented his report during whir4h it was stated that additional information was needed on the site plan to complete their review. After a discussion by the Planning Commission, Judge Amato made the following motion seconded by Mr. Wright that Conditional Use Permit 122 be deferred until the January 12, 1970 meeting. The motion carried by a 6 to 0 vote with one abstention. 7. CU-118. Ellis A. Sprouse. Applicant has petitioned the Board of Supervisors to increase the number of mobile home spaces in an existing mobile home park. Property is located in the Crozet area and is known as Beaver Hill Mobile Home Court. Described as Tax Map 57, Parcel 8. White Hall Magisterial District. The staff presented his report stating that the applicant has petitioned the Board for 10 additional mobile home spaces in the existing Beaver Hill Mobile Home Court. After a discussion, Mr. Perkins made the following motion seconded by Mr. Carr that CU-118 be deferred until the January 12, 1970 meeting to afford time for review by members of the Commission to ascertain whether or not screening of the facility was in order. 8. CU-120. J. F. Bishop. Applicant has petitioned the Board of Supervisors for a Conditional Use Permit to locate a summer camp and campground, office construction trailer and storage and related facilities on land located on Route 29 North, partially in Albemarle County and Greene. Generally Page 308 located at the intersection and on the east side of 29 North and the Greene County line. Property contains 130 acres. Rivanna Magisterial District. The staff presented his report after which Mr. Bishop and Mr. Roudabush representing the petition, presented their case. It was noted that the facility will cater to retarded children and that other land in Greene County would be developed for residential purposes. The entrance into the facility would be from Greene County off of Route 29 North. After a general discussion by the Commission, Mr. Carr made the following motion seconded by Mr. Perkins that CU-120 be approved subject to Health Department requirements for housing facilities and subject to a finalized site plan approved by the staff. The motion carried unanimously by those members present. 9. CU-121. Robertson -Fowler Co.,. Applicant has petitioned the Board of Supervisors to locate a temporary mobile home park for construction workers, in connection with Highway improvement. Subject property is located on Route 29 South at Covesville. Property is described as Tax Map 109, Parcel 8 containing 3.51 acres. Samuel Miller District. The staff presented his report. Mr. Wade, representing the application was present. After a discussion by the Commission, Mr. Maupin made the following motion seconded by Mr. Carr that the CU-121 be approved subject to the Health Department requirements for septic systems and with a setback of 50 feet from the right of way of 29 South. 10. SP-24. Clyde G. Hall. Applicant has petitioned the Board of Supervisors to locate a permanent mobile home on 4.0 acres on Route 641, 2 miles from Burnly. Described as Tax Map 22, Parcel 6 (part thereof). Rivanna Magisterial District. The staff presented his report stating that two trailers exists on the same parcel, across Route 641 from the subject site a brick rambler also exists. The staff stated that if the Planning Commission were to approve the application that there be a 100 foot setback from Route 641 and Health Page 309 Department approval for septic system. A Mrs. Andrews and others appeared in opposition to the location of the mobile home. Mrs. Andrews requested information on the County's attempts to produce the Preddy Creek Watershed. Mr. Tom Batchelor, County Executive, spoke on the request. After a general discussion, Judge Amato made the following motion seconded by Mr. Carr that CU-124 be recommended to the Board of Supervisors for denial. The motion carried unanimously by those members present. 11. SP-25. Rachel Banton. Applicant has petitioned the Board of Supervisors to locate a permanent mobile home on 2 acres located on Route 602. Described as Tax Map 132, Parcel 8. Scottsville Magisterial District. The staff presented his report stating that if the Commission saw fit to grant the application that it be subject to a 100 foot setback from Route 602 and subject to Health Department approval for sanitary facilities. After a discussion, Mr. Wright made the following motion seconded by Mr. Maupin that SP-25 be approved in keeping with the staff's suggestions. Motion carried unanimously by those members present. 12. SP-27. Robertson -Fowler Co.. Applicant has petitioned the Board of Supervisors to locate a temporary field office trailer in connection with improvements to Route 29 South on 3.51 acres located at Covesville. Tax Map 109, Parcel 8. Samuel Miller District. The staff presented his report suggesting approval subject to approval of sanitary facilities by Health Department and a 50 foot setback from the right of way of U.S. 29 South. After a discussion by the Planning Commission, Mr. Carr made the following motion seconded by Mr. Maupin that SP-27 be approved in keeping with the staffs report. At this time consideration was given to amendment to the County Zoning Ordinance as advertised for public hearing. A. To amend Article 5-1-21(7), R-3 Residential zones to permit "Schools of Special Instruction" with a Special Use Permit, and to amend Article Page 310 iF_=a relating to definitions to include a definition of "Schools of Special Instruction" The staff presented his recommended wording after which a general discussion followed by the Planning Commission. Upon completion of the discussion, Mr. Carr made the following motion which was seconded by Mr. Perkins that the "Use Section" of the R-3 District under Article 5-1-21 be amended to include "Schools of Special Instruction subject to a site plan submitted under a Special Use Permit and subject to renewal each year, and that the section relating to definitions be amended to include the definition as follows: "Schools of Special Instruction": A school giving musical, dramatic, artistic and cultural subjects," The motion carried unanimously by those members present. At this time the Commission deferred the following public hearings relating to amendments to the County Zoning Ordinance for further information and discussion, A. To provide within the A-1 Agricultural District under Permitted Uses the following: "Customary storage and use of dynamite as accessory use to a farm activity; and necessary storage and use of explosives and components on site of a construction project for the duration of said construction only, subject to proper permits approved by the Virginia Department of Labor and Industry." B. To amend the existing wording and add new wording relating to public utility usage in all zoning districts within the Albemarle County Zoning Ordinance for the purpose of clarification of Permitted Utility Facilities. 13. ZMP-094. James D. and Alice H. Shisler. To rezone 0.25 acres from R-3 Residential to B-1 144w Business. Located on Route 631 in Greenfields Subdivision. Described as County Tax Map 45H, Lot 1. Charlottesvile Magisterial District. The Planning Commission, after discussion on the merits of the request upon motion by Mr. Perkins seconded by Judge Amato approved unanimously ZMP-094, from R-2 Residential to R-3 Residential. Page 311 Plats Approved By Frank A. Gregg, C.L.S.: 1. Plat showing 2.19 acres located near North Garden on State Route 767 in the Samuel Miller Magisterial District and being a part of land shown on Tax Map 99 as Parcel 30 for Sterling L. Robinson. By R. 0. Snow, C.L.S.: 1. Plat of Parcel X and 25 foot strip, a portion of Frances Hoffer property, on State Route 627. By Thomas D. Blue, C.L.S.: 1. Plat showing Parcels A and B being a redivision of the Ru%h Johnson property on State Route 795 near Scottsville. There being no further business, the meeting was adjourned. ecretary Page 312 January 12, 1970 The Albemarle County Planning Commission met on January 12, 1970 in the County Court House at 7:30 P.M. in Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, vi"TTia-n, John Wright and Henry Page. Also attending was Mr. Lloyd Wood, member of the Board of Supervisors. Absent was: William Perkins. The secretary established that a quorum was present. At this time the public hearings were called for by the Chairman. 1. CU-122. O'Neill Enterprises, Inc.. Applicant has petitioned the Board of Supervisors for a Conditional Use Permit to permit in a proposed M-1 zone a plant for casting and finishing of concrete modules for building structures on land described as Tax Map 76, Parcel 57A (part thereof) and Tax Map 77, Parcel 4 (part thereof). Charlottesville Magisterial District. This application was deferred from the January 5, 1970 meeting to permit a more detailed site plan review by the County Engineer. The secretary reported that the County Engineer had reviewed the proposed activity and revised site plan and had made recommendations which are reflected on the revised site plan as presented tonight. In addition to the County Engineer's comments, the staff presented the following conditions to be imposed. A. That the steep slope be left in its natural condition. B. That 4 foot trees supplement existing trees around the area of activity as shown on the Schematic "Site Plan". C. That no noxious activity or excessive emission of odors, dust, fumes, smokes or noise be allowed to occur. D. No billboard or advertising signs other than those identifying the name, business and products of the person or firm occupying the premises shall be permitted. Page 313 E. That no industrial waste be permitted to flow into Moores Creek or Biscuit Run without proper approval from State Water Control Board and the County of Albemarle. F. That the access road from Route 631 to the site be treated with a dust proof application and maintained. After a general discussion by the Commission, Mr. Maupin made the following motion seconded by Judge Amato that CU-122 be approved subject to the staff's recommendations and the County Engineer's recommendations as reflected on the site plan. The motion carried by a 6 to 0 vote, Mr. Carr abstaining. 2. CU-118. Ellis A. Sprouse, Applicant has petitioned the Board of Supervisors to increase the number of mobile home spaces in an existing mobile home park. Property is located in the Crozet area and is known as Beaver Hill Mobile Home Court. Described as Tax Map 57, Parcel 8. White Hall Magisterial District. The subject request was deferred from the January 5, 1970 meeting to enable members of the Commission to view the site and report back on possible conditions to be imposed. Mr. Carr presented the Committee Report and it was their recommendation that additional screening be provided on the western most property line. Said line being the common property line between Mr. Clayton and Mr. Sprouse. It was suggested that Mr. Sprouse use cedar, white pine or some hard woods to supplement the existing trees and that additional planting of trees for the shade and convenience of the residents be accomplished within the facility itself and that the approval be subject to Health Departments approval for septic system and water by the County Service Authority. Also subject to a plot plan being submitted for staff's review prior to issuance of a Zoning Permit. In addition, Mr. Sprouse is to maintain space between the trailer and his property line of 50 feet. After a discussion, Judge Amato made the following motion seconded by Mr. Carr that the committee report be made the recommendations and conditions for the approval of CU-118. The motion carried unanimously by those members present. Page 314 3. Amendment to the Albemarle County Zoning Ordinance as it relates to 'Maximum Area of a Temporary Sign" as found in Article 15-79 of the County Zoning Ordinance. At this time the Chairman called for the public hearing on temporary signs after which the secretary summarized the reason for the subject public hearing being held tonight. After which the Commission heard from the public. Mr. Caleb Stowe, Realtor, and Vice -President of the local Real Estate Board requested that the Commission afford the Real Estate Board time to discuss temporary signs and present a position paper on the matter. Numerous people appeared in opposition and requested information regarding signs both temporary and general in nature. Mrs. Ellen Craddock, Jane Kegley, Ellen Nash, representing a Mr. Stanley and Battle, Mrs. Elizabeth Scott, Robert Scott, Mrs. Flood, Mrs. Masing, all spoke on the need to control signs and their size. Mr. Skip Edelson spoke on the need for conservative control and good enforcement. Mr. Graves of Ivy Sign Company spoke on signs in general and their part in the economy of the County. Mr. Wendell Wood spoke on the need for a compromise in view of the investment made by the Real Estate people in signs. At this time Judge Amato, public hearing having been concluded, elaborated on what he felt was confusion in the way that the present sign sections are written and presented and felt that there was a need for more discussion on signs by the Commission with Real Estate people and a need for stronger enforcement. Mr. Maupin was of the opinion that the 2 x 2 or 4 square foot temporary_ sign was too small and thought it could be raised to 4 x 4 or 16 square feet signs. Dr. Catlin noted that there were numerous inconsistancies within the sign section and it was his opinion that more work was needed to clarify and make uniform the sign section and it was his opinion from the statements made by members of the Commission that no action should be taken tonight. Page 315 At the conclusion of the discussion, Judge Amato made the following motion seconded by Mr. Wright that the investigation of signs be referred back to the Committee for study and report as soon as possible and that the Albemarle County Board of Supervisors be informed of the Commission's concern on enforcement of the ordinance and that they recommend a position of Zoning Inspector be established to fill in the gap needed to provide for proper enforcement. The motion carried by a 6 to 1 vote. At this time the Chairman called for a public hearing on the following: 4. To provide within the A-1 Agricultural District under Permitted Uses the following: "Customary storage and use of dynamite as accessory use to a farm activity; and necessary storage and use of explosives and components on site of a construction project for the duration of said construction only, subject to proper permits approved by the Virginia Department of Labor and Industry." After a general discussion, at the conclusion of the public hearing, Judge Amato made the following motion seconded by Mr. Carr, that the Permitted Use section as found in the A-1 Agricultural District be amended to include "Customary storage and use of dynamite as accessory use to a farm activity; and necessary storage and use of explosives and components on site of a construction project for the duration of said construction only, subject to proper permits approved by the Virginia Department of Labor and Industry." The motion carried unanimously. 5. At this time the Chairman called for the public hearing to amend the existing wording and add new wording relating to public utility usage in all zoning districts within the Albemarle County Zoning Ordinance for the purpose of clarification of Permitted Utility Facilities. The staff presented his report, after which the public hearing was open. Page 316 Mr. Lionel Key was present representing VEPCO and presented possible amendments to the amendment which he felt were necessary. After a general discussion by the Planning Commission, Judge Amato made the following motion seconded by Mr. Carr which passed unanimously that the Albemarle County Zoning Ordinance be amended appropriately to include the following wording: A-1 RS-1 R-1 R-2 R-3 B-1 M-1 M-2 Public Utilities: Poles, lines, transformers, pipes, meters and related or similar facilities; water and sewerage distribution lines . . . . . . . . . . . . . . ZP Public Utilities: Public water and sewer transmissions; main or trunk lines and treatment facilities, and pumping stations, electrical power transmission and distribution substations and transmission lines and towers . . . . . . . . . . . . . CU Public Utilities: Unmanned telephone exchange centers . . . CU Public Utilities: Office, equipment storage, dispatch centers and warehouse facilities . . . . . . . . . . . N Public Utilities: Oil and gas transmission pipelines and pumping stations, micro -wave and radiowave transmission and relay towers and sub- stations . . . . . . . . . . . . CU ZP - Zoning Permit Only %w CU - Conditional Use Permit N - Not Permitted ZP ZP ZP ZP ZP ZP ZP CU CU CU CU CU CU CU CU CU CU CU ZP ZP ZP N N N N ZP ZP ZP N N N N CU CU CU At this time the Chairman called for election of members to fill the chairmanship and vice -chairmanship. Judge Amato made the following nomination seconded by Mr. Maupin Page 317 that Dr. Avery Catlin be nominated for Chairman and David Carr for Vice -Chairman. Mr. Wright made a motion seconded by Judge Amato that nominations be closed. The election of Dr. Catlin as Chairman and David Carr as Vice -Chairman carried unanimously. Terms to expire January 12, 1970 There being no further business, the meeting was adjourned. ecretary R n Page 318 FEBRUARY 2, 1970 The Albemarle County Planning Commission met on February 2, 1970, in the County Court House at 7:30 P.M. in Charlottesville, Virginia. Present were: Avery Catlin, Chairman; Cecil Maupin, Savory Amato, James Parks, John Wright, William Perkins and Henry Page. Also attending was Mr. Lloyd F. Wood, member of the Board of Supervisors. Absent was: David Carr. The secretary established that a quorum was present. The January 5th, 1970 minutes were approved with one amendment, the vote on ZMP-089 should read approved by a five to one vote with Mr. Perkins not present. The January 12th minutes were approved as submitted. At this time the secretary informed the Commission of Conditional Use Permit petition by Dr. Flynn stating it had been advertised for tonights meeting but withdrawn from the agenda by reason of an appeal being filed to the Bdard of Zoning Appeals. The Planning Commission, upon motion by Mr. Perkins seconded by Judge Amato, adjourned the public hearing until the March 2, 1970 meeting of the Planning Commission. At this time the public hearings were called for by the Chairman. 1. ZMP-100. Herman A. Howard, to rezone 4.4 acres from A=l Agricultural to RS-1 Residential. Located on Route 708 in the Ivy Area. Described as County Tax Map 58, Parcel 14. Ivy Magisterial District. This was a continuation of a public hearing to allow Mr. Howard to appear to present his petition. After a lengthy discussion on the merits of the application and the facts presented by Mr. Howard, Mr. Maupin made the following motion seconded by Mr. Wright that ZMP-100 be approved as submitted. The motion carried by a 5 to 0 vote with two abstentions (Mr. Perkins and Judge Amato). Page 319 2. SP-29. Clyde G. Hall. To locate a temporary mobile home on 4.0 acres located on Route 641, two miles from Burnley. Tax Map 22, Parcel 6 (a part thereof). Rivanna Magisterial District. The staff reported that Mr. Hall's application for a permanent mobile home was heard on the January 5th meeting by the Planning Commission at which time they recommended denial. The Board of Supervisors, upon hearing new facts suggested that Mr. Hall refile for a temporary location of a mobile home on the subject property during their public hearing on the matter. The staff suggested that if the Commission were of the notion to grant the request that the location of the mobile home be limited to a period of two years with a provision that the construction of a permanent dwelling should have commenced at the termination of one year of the granting of the application and that it be set back 100 feet from the right of way of 641. Mrs. Andrews, Mr. and Mrs. T. L. Barr, and others appeared in opposition to the location of a temporary mobile home stating that the temporary approach does not change the feeling of the people in the area regarding the location of an additional mobile home. It was noted that Mr. Hall was not present. After a lengthy discussion, Judge Amato made a motion to deny the request as submitted on the basis of it being incompatible with the character of the area. Mr. Perkins seconded the motion stating that he,did feel that temporary mobile homes do have a place in the County; however he felt a 6-month limitation was sufficient to commence a permanent dwelling, and no facts have been presented to assure the Commission or the people in the area that a permanent building would be constructed and the mobile home removed within any time limit. The motion to deny carried unanimously. Page 320 3. SP-30. James D. and Alice H. Shisler. To locate a "School of Special Instruction" in a R-3 Resi- dential zone. Property is located i.n Greenfields Subdivision on Rio Road, west of Route 29 North. Described as Tax Map 45H, Lot 1, Charlottesville Magisterial District, The proposed use is a "Dance School". The staff presented his report stating that the appli- cation and site plan met the minimum requirements of the zoning ordinance and suggested that the operation be limited to certain hours of the day and that the facility be limited to 20% adult and 80% children and that the operation of the kindergarten and cultural dancing facility be limited to the use and ownership of the applicants, Mr. and Mrs. James D. Shisler. After a general discussion, Judge Amato made the following motion seconded by Mr. Page that SP-30 be approved in keeping with the staffs suggestions excluding the suggestions limiting the time of operation. The motion carried unanimously. 4. ZMP-101. J. W. Bryant. To rezone 2 acres from A-1 Agricultural to RS-1 Residential. Located on Route 631 near the Oak Hill area south of Charlottesville. Described as County Tax Map 89, Parcel 49. Charlottesville Magisterial District. The staff presented his report suggesting approval of the application. After a lengthy discussion, Mr. Wright made the following motion seconded by Mr. Page that ZMP-101 be approved as submitted. Motion carried unanimously. PLATS APPROVED ADMINISTRATIVELY: By Warren F. Wade, C.L.S.: 1. Plat of Lot A-1, near Brownsville, Albemarle County, a portion of Roy T. Fitzgerald property. 2. Plat of Parcel A and Parcel B, a division of Lot 1 on St. Rt. 712, 4 Oiles east of Keene for Leroy Snow. By Thomas D. Blue, C.L.S.: 1. Plat showing a survey of a 2.136 acre tract being a portion of the Lizzie Glass Estate located on State Route 774 in Albemarle County, near Faber, Virginia. Page 321 By William S. Roudabush, Jr., C.L.S.: 1. Plat showing a survey of a 2.01 acre portion of Parcel 61, Tax Map 99, property of A. M. Mays Est., near Red Hill. 2. Plat showing a survey of 2.007 acres, a portion of 33.09 acres belonging to Leroy W. Snow on the north side of State Route 20, approximately 6 miles south of Charlottesville. The staff informed the Commission of the public hearing on the Virginia Department of Highways secondary road budget scheduled for February 5, 1970 at 7:30 in the County Court House. At this time, Mr. Perkins reported on the progress of the sign committee of the Commission. A general discussion followed. There being no further business, the meeting was adjourned. ecretary 91 Page 322 FEBRUARY 16, 1970 The Albemarle County Planning Commission met on February 16, 1970 in the County Board of Supervisors meeting room at 7:30 P.M. in Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, John Wright, William Perkins and Henry Page. Also attending was Mr. Lloyd Wood, Mr. T. M. Batchelor, and Mr. Rosser Payne, Planning Consultant. Absent was: Mr. James Parks. The secretary established that a quorum was present. The minutes of February 2, 1970 were approved as submitted. At this time the Chairman introduced Mr. Rosser Payne, consultant on the 701 Comprehensive Plan, who presented highlights of the forthcoming economic survey, Element 1 of the Comprehensive Plan. ` The report was received and it was noted that Mr. Rosser Payne will present full report in first draft form at a later date for the Commission's review and critique. At this time, the Chairman called for the site plan review of Phase II, Berkeley Hills Planned Community. The staff presented his report stating that Phase II involved a deviation from the original approved internal street system. He stated that the original approval called for a deadend street as opposed to the circular street as now proposed. Mr. William Roudabush and Daley Craig presented the site plan stating that the reason for the deviation was due to topographic conditions which necessitated the deviation. He also stated that in lieu of the idea to establishthis internal street as a private road system they wy were negotiating with the State to construct the subject street to state standards for inclusion into the secondary system. Page 323 A general discussion by Mr. Perkins and other members of the Commission insued during which concern was shown on the 60 foot right of way which traverses the property which Mr. Craig had stated would not be constructed initially. Mr. Craig did say it would eventually be complete in connection with Phase I which had temporarily been set aside because of the present financing situation which exists involving single family or patio -type housing. Phase II involves townhouse development which the financing market is more conducive to back. Mr. Perkins emphasized his concern over the statements made during the course of the first hearing on the master plan of Berkeley Hills, particularly the one in which he felt that the Commission guaranteed to the Berkeley Hills single family subdivision that the 60 foot road would be constructed in conjunction with the first Phase of development. At the conclusion of the discussion, Judge Amato made the following motion seconded by Mr. Maupin that Phase II, Berkeley Hills townhouse section be approved subject to the following conditions: 1. Subject to site plan review and approval by the County Engineer and Planner for proper installation of utilities and layout of buildings. 2. That the recreation area abutting Phase II be included in Phase II showing dedication for common use. 3. That that portion of the 60 foot right of way between Phase I and Phase II be made a part of Phase I and that it be constructed to state standards in conjunction with Phase I development. 4. That proper bonds or negotiable instruments be filed with the County to insure construction to state standards on all roads involved. 5. That a homeowners association agreement be presented to the County Planner before work on Phase II begins. The motion carried by a 6 to 1 vote with Mr. Perkins voting nay. Page 324 At this time the Chairman called for the discussion on signs from the Sign Committee, Mr. Perkins stated that the Committee was not prepared to give a full report at this meeting and requested a deferral of a full report until the next regular meeting of the Commission. It was noted that he felt additional committee meetings were needed before final presentation. It was the consensus of the Commission that this be done. PLATS FOR PLANNING COMMISSION APPROVAL: The staff presented the plat of property of Charles G. Carr involving approval for establishment of a restricted street, to serve three parceY�s of land containing 4, 10, and 20 acres. After a general discussion, Judge Amato made the following motion seconded by Mr. Maupin that the plat be approved street with the establishment of the restrictednsubject to wording to the effect that the 50 foot restricted street be dedicated to public use. The motion carried by a 5-0-2 vote (two abstentions). PLATS APPROVED ADMINISTRATIVELY By Thomas D. Blue, C.L.S.: 1. Plat of a 2.02 acre parcel being a portion of the Louisa Ragland Est., located on State Route 231 near Cash's Corner in Albemarle County, Va. 2. Plat of the existing C. E. Davis lot and a portion of the Julia Smith property which is to be added to the Davis lot all located on State Route 641 near Burnley in Albemarle County. By Warren F. Wade, C.L.S.: 1. Plat of Parcel "A", "B", "C", and "D", 0.5 miles west of Hillsboro, Albemarle County, Virginia, fronting on U.S. Route 250, for Ida Sandridge. There being no further business, the meeting was adjourned. Secretary Page 325 MARCH 2, 1970 The Albemarle County Planning Commission met on March 2, 1970 in the County Court House at 7:30 P.M. in Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, John Wright, William Perkins, James Parks, and Henry Page. Also attending was Mr. T. M. Batchelor, Jr., County Executive. The secretary established that a quorum was present. Upon motion of Judge Amato, seconded by Mr. Carr, the minutes of February 16, 1970 were approved as submitted unanimously. The Chairman at this time called for the public hearings. 1. ZMP-104. William C. Porter. To rezone 9.6 acres from R-2 Residential to R-3 Residential for apartments. Property is located on Hydraulic Road (Route 743) just north of Albemarle High School. Described as County Tax Map 61, Parcel 20. Charlottesville Magisterial District. The staff presented his report recommending approval of the request. The Chairman questioned the staff as to the potential impact of the proposed development on roads and population. Mr. Porter presented the petition stating a plan to develop 22 dwelling units per acre on the tract of land. Questions by the Commission were presented to the developer regarding availability of water and sewer and the capability of Hydraulic Road to handle additional traffic and the petitioners apparent lack of timing for the commencing of development on this property. After a general discussion by the Commission, Mr. Carr made the following motion, seconded by Mr. Maupin that ZMP-104 be granted as requested. After which Mr. Perkins made a substitute motion to take action to study the entire area in which the petition falls to ascertain what extent the R-3 zoning should be extended in the area, taking in consideration that land already zoned B-1 Commercial Page 326 which is to remain as a commercial area. Mr. Wright seconded the motion. The motion carried by a 6 to 2 roll call vote. The results of the roll call vote are as follows; Mr. Carr, nay; Mr. Maupin, nay; Mr. Catlin, aye; Mr. Amato, aye; Mr. Wright, aye; Mr. Perkins, aye; Mr. Page, aye and Mr. Parks, aye. The staff was instructed to report back on the study within 60 days (May 4, 1970). At this time the Chairman called for CU-125. 2. CU-125. Don Croxton. To construct a mobile home park. Described as County Tax Map 94, Parcel 27, containing 20.94 acres located on Route 759 (Old Three Chopt Road) near Boyd Tavern. Rivanna Magisterial District. The staff at this time asked the Chair to recognize Mr. McClure, representing the petitioners who at this time wished to withdraw the application for a period of 60 days without prejudice. The Chairman noted that there were numerous people in attendance who were apparently in opposition to the request and asked if they wished to speak to the request for withdrawal, Those present in the audience had no objection to the request for withdrawal. They did question different zoning procedures. Upon motion by Judge Amato, seconded by Mr. Page, Conditional Use Permit 125 was permitted to be withdrawn without prejudice. Motion carried unanimously. 3. ZMP-107. East Corporation. To rezone 1.3 acres from A-1 Agricultural to B-1 Business and 71.8 acres from A-1 Agricultural to R-3 Residential. Located at the intersection of State Route 631 and Route 768, east of Route 29 North. Described as County Tax Map 62, Parcel 17 and 17C, Charlottesville Magisterial District. The staff presented his report recommending denial of the application as amended. Mr. Shannon Shirley, representing the application at this time requested that he be permitted to amend his request from the original B-1 and R-3 categories to R-2 Residential for the entire 73.1 acres. Numerous people within the general area spoke on the Page 327 petition requesting information on the R-2 and R-3 zones but in general had no particular opposition to the R-2 amended request. After a rather lengthy discussion, Mr. Maupin made the following motion seconed by Mr. Perkins that the entire tract be recommended for the R-2 Residential zone as amended by the applicant. The motion carried by a 7 to 1 vote. A few of the people appearing in regards to the application were Mr. Horace Daniels, Mr. Walter Bishop, and Dr. Griesbach. 4. ZMP-105. North 29-Hotel Corporation. To rezone approximately 12.05 acres from B-1 Business to M-1 Manufacturi°ng. Located on the west side of Route 29 North on Greenbrier Drive and Westfield Road. Described as County Tax Map 61W, Parcels 5A, 1, B-3 and Part of 14. Section I. "Westfield", Charlottesville Magisterial District. The staff presented his report recommending denial of the request. Mr. John Moore representing the petition presented his case. Mr. Perkins at this time asked to be excused from the discussion and vote on this petition since a possible conflict may be present in view of his ties with the law firm which is handling the acquisition of the land in the immediate area for a possible restaurant location. The Chairman excused Mr. Perkins from the discussion. At the conclusion of the discussion on the petition, Judge Amato made the following motion seconded by Mr. Page that ZMP-105 be denied in keeping with the staff report. The motion carried by a 7 to 0 vote with one abstention. 5. ZMP-102. Hall Bros., Inc.. To rezone Parcels 35R, 35U, 35S, 35T of County Tax Map 90 from A-1 Agricultural to M-1 Manufacturing. Property is located on Avon Street Extended (Route 742) south of I-64, having 420 feet of frontage on Route 742. Charlottesville Magisterial District. The staff presented his report recommending a qualified recommendation of approval. Mr. L. M. Hall, representing the petition, presented his case. After a general discussion, Page 328 Mr. Perkins made the following motion seconded by Mr. Carr " that ZMP-102 be approved in keeping with the staffs report noting that he felt that the proposed line of demarcation was a good one to terminate the M-1 zone. The motion carried unanimously. 6. ZMP-103. Forrest A. and Raymond R. Phillips. To rezone 0.72 acres from B-1 Business to M-1 Manufacturing. ' Property is located on Route 631, just west of Route 631 intersection with Route 29 North. Described as County Tax Map 61, Parcel 120A. Charlottesville Magisterial District. The staff presented his report recommending approval of the request. Mr. Phillips, representing the application, presented his case, stating that the small lot as requested was needed for additional storage. After a general discussion, Mr. Maupin made the follow- ing motion seconded by Judge Amato that ZMP-103 be recommended for approval as requestAand in keeping with the staff report. Motion carried unanimously. 7. ZMP-106. Lilly W. Wade. To rezone 3.7 acres from A-1 Agricultural to RS-1 Residential. Located in the Covesville area on east side of Route 29 North across from Route 699. Described as County Tax Map 108, Parcel 36A. Samuel Miller Magisterial District. The staff presented his report recommending qualified approval of the application as presented. After a general discussion, Mr. Parks made the following motion seconded by Mr. Perkins that the ZMP-106 be approved as submitted in keeping with the staff's report. The motion carried unanimously. 8. CU-124. Michie Tavern Museum. To construct a general advertising sign. Described as County Tax Map 77, Parcel 26, containing 7510 acres. Located on Route 53, 0.4 miles east of Route 20. Charlottesville Magisterial District. After a general discussion on the size and location of the sign, Mr. Wright made the following motion, seconded by Mr. Carr that action on CU-124 be tabled until the report Page 329 from the Commission's Sign Committee had been reviewed and considered by the full Commission. The motion carried by a 7 to 1 vote. 9. SP-28. William L. Johnson. To locate a mobile home on property described as County Tax Map 99, Parcel 104A containing 1.00 acres. Located on Route 712 just east of Route 633. Samuel Miller Magisterial District. The staff presented the petition and located the property. The applicant was present and presented the petition. After a general disucssion, Mr. Maupin made the following motion seconded by Mr. Carr that SP-28 be approved subject to a 50 foot setback from the right of way of Route 712 and subject to the Health Department approval for septic system. 10. SP-31. William M. Kirby. To locate a mobile home on property described as County Tax Map 94, Parcel 46A, containing 5 acres out of a total of 14 acres. Located on Route 808 near Route 250 East. Rivanna Magisterial District. The staff located the property and explained that a 14 permit had been granted for the location of the mobile home under the provision of maintaining the immediate family. Applicant now desires to deed off two acres to his son which will require a Special Permit to locate it permanently. After a general discussion, Mr. Perkins made the following motion, seconded by Mr. Page that SP-31 be recommended for denial. Motion carried unanimously. In denying the application, Mr. Perkins noted that it was his opinion that to allow the permanent location of a mobile home in the area in view of the existing permanent dwellings would not be compatible. In stating this he realized that provisions for maintenance of family was made available to the applicant; however, the objective of that provision is completely different from the provision of the location of a permanent facility under Special Permit. IT Page 330 11. SP-32. Lester and Magielie Barnes. To locate a NUW mobile home on property described as County Tax Map 131, Parcel 46, containing 14.3 acres. Located on Route 622 east of Route 773. Scottsville Magisterial District. The staff located the property and suggested if approval were granted that it be with the conditions of Health Department approval for septic system and that at least a minimum setback of 30 feet as provided for in the Zoning Ordinance be applied. After a general discussion, Mr. Wright made the following motion seconded by Mr. Carr that SP-32 be approved with the following conditions: 1. Health Department approval for septic system. 2. That the existing cover of growth and trees be maintained and that the trailer be located centrally on the lot with a 75 foot setback from the right of way of 622. The motion carried unanimously. Site Plans University Heights. After a general discussion on the site plan of University Heights, Phase II, planned for 300 apartments, Mr. Wallace, adjacent property owner spoke on off -site drainage and his concern as adjacent property owner of its impact on his property. At the conclusion of Mr. Wallace's presentation, Mr. Perkins made the following motion seconded by Mr. Parks that the site plan, Phase II, University Heights, be approved subject to the following conditions. 1. That the applicant remove all parking as shown along the 21 foot access road located on the east side of the development. 2. That a letter of agreement between Mr. Heischman and the County be filed and meeting conditions of approval stating that the applicant would run the on -site 27" storm water drainage under the 21 foot access road through the property immediately west to connect to a 18" storm sewer located under the 40 foot right of way which leads to the Rehabilitation Center of the University of Virginia. Page 331 3. That an additional catch basin be provided for in the parking lot serving buildings 10, 11, and 12, being a location east of the last drop inlet. 4. That proper measures be taken in cooperation with the Soil Conservation Service in providing for prevention of storm water and silt intrusion onto the property of Mr. D. S. Wallace. 5. No access is to be provided to or from Phase II on the 21 foot access easement located along the eastern most boundary of the property until improved to accommodate heavy traffic to the satisfaction of the County Engineer and that once improved that it be maintained in proper condition. The motion carried unanimously. Preliminary Plats 1. Jefferson Towne Apartments 2. Inglewood Apartments. It was the consensus of the Commission that in view of the lack of information and improper zoning, it should not be before them at this time. Plats Approved Administratively: By Huffman -Foster and Associates 1. Plat showing Lot A, Lot B, and Lot C, a division of the W. H. Withers property. By Warren F. Wade, C.L.S.: 1. Plat of 2.03 acre tract, a portion of Hugh Strickler Est. near Crozet. 2. Plat of Parcel A and Parcel B on St. Rt. 618, 1 mile south of Woodridge, for A. R. Spradlin. 3. Corrected plat of Lot 10, Block C, Park View property, Crozet. Mr. Perkins reported on the Sign Committee progress stating that they would be prepared at the meeting to be held on April 16, 1970 to present to the full Commission a preliminary recommendation for the revisions to the Sign Ordinance. There being no further business, the meeting was adjourned. Secretary Page 332 Im Emm MARCH 16, 1970 The Albemarle County Planning Commission met on March 16, 1970 in the Monticello Hotel at 5:30 P.M.. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, John Wright, William Perkins, James Parks, and Henry Page. Also attending was Mr. Lloyd F. Wood, member of the Board of Supervisors. The secretary established that a quorum was present. This was a work session convened to discuss the Sign Committee's recommendations regarding the revisions to the sign aspects of the County Zoning Ordinance. ecretary Page 333 APRIL 6, 1970 The Albemarle County Planning Commission met on April 6, 1970 in the County Court House at 7:30 P.M. in Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, John Wright, James Parks, and Henry Page. Also attending was Mr. Lloyd Wood. Absent was: Mr. William Perkins. The secretary established that a quorum was present. The minutes of March 2, and March 16, 1970 were approved. The Chairman at this time called for the public hearings. 1. ZMP-104. William C. Porter. To rezone 9.6 acres from R-2'Residential to R-3 Residential for apartments. Property is located on Hydraulic Road (Route 743) just north of Albemarle High School. Described as County Tax Map 61, Parcel 20. Charlottesville Magisterial District. The staff made its report and preliminary study of the *mow" Berkeley -Westfield area. After which Mr. Carr made the following motion seconded by Mr. Maupin, that ZMP-104 be approved as submitted. The motion carried by a 7 to 0 vote. 2. ZMP-114. Petition of David M. Goldberg and nine other property owners to rezone the described parcels from A-1 Agricultural to RS-1 Residential. County Tax Map 94, Parcels 25A, 25B, 28A, 26, 26A, 31, 29B, 30, 27A, 29B, 28, 29D(3) and 26B and Tax Map 95, Parcel 16. Properties are located in the area of Route 250E., Route 616, and Route 759 in the Boyd Tavern Area. Rivanna Magisterial District. The staff made its report. A number of the petitioners spoke on the validity of the request. After a general discussion, Mr. Maupin made the following motion, seconded by Mr. Amato that ZMP-114 be approved as submitted. The motion carried by a 7 to 0 vote. Page 334 3. CU-123. Daniel V. Flynn, to construct office and `001 equine surgery facility. Described as County Tax Map 45, Parcels 45C and 45E, containing 27.34 acres. Located on Route 844, north of Route 743. Rivanna Magisterial District. Conditional Use Permit 123 was deferred until May 4, 1970 due to improper notification of adjacent property owners. 4. ZMP-108. T. R. Steger. To rezone 2.8 acres from A-1 Agricultural to R-2 Residential for two apart- ments. Property is located on Route 715 near Esmont, Virginia. Described as County Tax Map 128B, Lot 2. Scottsville Magisterial District. The staff presented its report. Mr. Steger presented his petition. It was ascertained that proper notification of the public hearing had not been made to adjacent property owners, Upon motion by Mr. Wright, seconded by Mr. Amato ZMP-108 was deferred until May 4, 1970 for proper notification. The motion carried by a 7 to 0 vote. 5. ZMP-109. E. Gerald Tremblay. To rezone 8.0 acres from A-1 Agricultural to M-1 Indistrual. Property is located on Route 660 adjoining the Earlysville Fire Department across from Panorama Corporation. Described as County Tax Map 31, Parcel 10B. Rivanna Magisterial District. The staff presented his report. After a general discussion Mr. Wright made the following motion, seconded by Mr. Amato that ZMP-109 be approved. The motion carried by a 7 to 0 vote. 6. ZMP-110. Charlottesville Towne Houses, Inc.. To rezone 2 acres (portion of total) from R-2 Resi- dential.to R-3 Residential. Property is located on Lot 1, Block H of Westfield Subdivison off of Route 29 North. Described as County Tax Map 61, Parcel 35 (portion of). Charlottesville Magisterial District. Mr. Carr asked to be excused from the public hearing. The Chairman granted Mr. Carr's request. The staff presented its report. Mr. Morris Foster presented his case expounding on an alleged error in the delineation of the original zone made for the R-3 district in this area. After a discussion, Mr. Maupin made the following motion, seconded by Mr. Parks to approve ZMP-110 as requested. The motion carried by a 6 - 0 - 1 vote. Mr. Carr returned to the meeting. Page 335 7. ZMP-111. F. R. Andrews. To rezone 2.34 acres from A-1 Agricultural to R-2 Residential. Property is located on Orchard Acres Drive at the Jarman Gap Road intersection. Described as County Tax Map 55, Parcel 68. White Hall Magisterial District. After the staff's presentation and a general discussion, Mr. Amato made a motion to rezone the property to R-1, which failed for lack of a second. Mr. Carr made the follow- ing motion, seconded by Mr. Amato that ZMP-111 be deferred for 90 days to obtain additional information. The motion carried by a 7 to 0 vote. 8. ZMP-112. Elizabeth P. Sherrill. To rezone 3.58 acres from A-1 Agricultural to M-1 Industrial. Property is located on Route 742 (Avon Street Extended), approximately one mile south of the Charlottesville Corporate Limits, Described as County Tax Map 91, Parcel 1-D, Charlottesville Magisterial District, The staff presented his report. After a general discussion, Mr. Wright made the following motion seconded by Mr. Carr that ZMP-112 be deferred for 90 days for study under the Compre- hensive Plan. The motion carried by a 7 to 0 vote. 9. ZMP-115. Margaret Garms. To rezone 2.94 acres from A-1 Agricultural to RS-1 Residential, Property is located off of Route 1204 in the eastern part of Crozet, Virginia. Described as County Tax Map 56, Parcel 52. White Hall Magisterial District. The staff presented his report. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Carr that ZMP-115 be approved as requested. The motion carried by a 7 to 0 vote. 10. ZMP-116. Newton J. Wood. To rezone 7.5 acres from A-1 Agricultural to B-1 Business. Property is located on Route 29 North just north of the *400 Route 649 intersection. Described as County Tax Map:32, Parcel 22L. Rivanna Magisterial District. The staff presented his report. After a general discussion, Mr. Wright made the following motion, seconded by Mr. Carr, that ZMP-0 be denied. The Chairman called for a roll call vote with the following results. Mr, Amato - no; Mr. Page - yes; I v 9 Page 336 Mr. Wright - yes; Mr. Carr-- yes; Mr. Catlin - yes; Mr. Maupin - no; Mr. Parks - no. The motion carried by a 4 to 3 vote. The petition was denied. 11. SP-34. Paul F. Freeman. To locate a mobile home on property descirbed as County Tax Map 119, Parcel 46A, containing 1.0 acres. Located on Route 630 in the Scottsville Magisterial District. Approved unanimously subject to a 30 foot setback from Route 630 and Health Department approval for septic field. 12. SP-35. Bruce F. Lowery, Sr.. To locate a mobile home on property described as County Tax Map 105, Parcel 5, containing 10.0 acres located on Route 729 in the Scottsville Magisterial District. Approved unanimously subject to a 50 foot setback from Route 729 and Health Department approval for septic field. 13. SP-36. Moses Bryant. To locate a mobile home on property described as County Tax Map 89, Parcel 53B, containing 6.0 acres located on Route 631, south of Charlottesville in the Charlottesville Magisterial District. Approved unanimously subject to a 30 foot setback from Route 631 and Health Department approval for septic field. 14. SP-37. Moore, Kelly and Reddish, Inc.. To locate two business office trailers on property described as County Tax Map 48, Parcel 64 containing .70 acres located on Route 20 North of Charlottesville near Bell's Store in the Rivanna Magisterial District. Approved unanimously subject to a 30 foot setback from Route 20 and Health Department approval for sanitary facilities. Also, office buildings must be removed at end of contract for construction on Route 20. 15. SP-38. Henry Hudson. To locate a mobile home on property described as County Tax Map 103, Parcel 49A, containing 5.0 acres located on Route 620, 600 feet east of Route 795 in the Scottsville Magisterial District. Approved unanimously subject to a 50 foot setback from Route 620 and Health Department approval for septic field. Also, the existing trees should remain. Page 337 16. SP-39. Robert J. Kendrick. To locate a temporary mobile home on property described as County Tax Map 71, Parcel 34A, containing 29.39 acres located on the east side of Route 684 just south of the I-64 interchange with Route 250 W. Samuel Miller Magisterial District. Approved unanimously subject to a 30 foot setback from Route 684 and subject to Health Department approval for sanitary facilities. 17. CU-127. Boar's Head Sport's Club, Applicant has petitioned for a Conditional Use Permit to locate a Country Club and related facilities on land owned by the above and adjacent land owned by the University of Virginia on land zoned R-1 Resi- dential and A-1 Agricultural respectively. Located off of Route 250 West at the Boar's Head Inn. County Tax Map 59D(2), a portion of Parcel 2. Charlottesville Magisterial District. Approved subject to a snow fence being placed and extending two-thirds distance between Birdwood property and Berwick Drive, beginning from the common lot line of Birdwood and Boar's Head Sport's Club. SITE PLANS: 1. Barhaby's Restaurant. Approved as submitted subject to review and recommendations of the State Fire Marshal and Highway Department for access. 9 2. Electrical Contracting Office, Berkmar Drive (Subdivision). Approved as submitted. PRELIMINARY SUBDIVISION PLATS: 1. Billy R. Shifflett. Authorization was given for the restricted road for preparation for a final plat. PLATS APPROVED ADMINISTRATIVELY: 1. 2. 44 acre portion of the Margaret E. Hirst property led to be added to the land of O'Neill Enterprises, Inc. March 16, 1970. 2. Plat showing Parcel A and Parcel B, Block A and Block B, Section C, a widening of Powhatan Circle in Carrsbrook. Page 338 N 3. Lot 12A and Lot 12B, a division of Lot 12, Block C, Section Two, Oak Hill. March 23, 1970, There being no further business, the meeting was adjourned. ecretary Page 339 APRIL 13, 1970 The Albemarle County Planning Commission met on April 13, 1970 in the County Court House at 7:30 P.M. in Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, John Wright, James Parks, Henry Page and William Perkins. Also attending was Mr. Lloyd Wood. The secretary established that a quorum was present. At this time the Chairman called for the deferred public hearing for possible action relating to SP-34, Paul F. Freeman. The secretary reported that the lot in question is one acre of record and contains only a garage and no other houses. Question arose at the previous meeting of the Commission as to whether a house did exist on the property as opposed to the adjacent parcel. Upon motion by Mr. Wright, seconded by Mr. Maupin, SP-34 was approved subject to a 30 foot setback from the frontage road and subject to a septic field. The motion carried unanimously. At this time the Chairman called for the possible action on ZMP-111, F. R. Andrews. Mr. Andrews had informed the secretary that he would amend his request from R-2 to R-1 Residential. After a discussion, Mr. Amato made the follow- ing motion, seconded by Mr. Carr that ZMP-111 be approved as amended to R-1 Residential. The motion carried unanimously.. At this time discussion was held on a subdivision plat of which a restricted road was requested. The plat involves a 2.44 acre tract and a 50 foot circle restricted road on land of M. W. Perry on Route 29 North. After a general discussion, action on the plat was deferred until May 4, 1970 at which time representatives are to appear to answer pertinent questions involving the restricted road. The motion to defer was presented by Mr. Amato, seconded by Mr. Carr. Page 340 At this time the Chairman recognized Mr. Perkins for representation of the recommended revisions to "Signs" as found in the County Zoning Ordinance. After the presentation of the revision by the Sign Committee, composed of Messrs Perkins, Carr and Page, the secretary informed the Commission of some editorial and typing corrections to the recommended text. The amendments were made with the consensus of the full Commission. A general discussion followed. During the course of the discussion, Mr. Catlin recognized Mr. Leroy Graves and Mr. Jackson, representatives of the sign business interest group. Mr. Catlin informed them that a full disclosure of their comments could be made at a scheudled public hearing in the future. Upon motion by Mr. Carr, seconded by Mr. Perkins, which was unanimously approved, the Planning Commission accepted the Sign Committees recommended revision to the Zoning Ordinance. The question of a date for a public hearing was discussed at this time. At the conclusion, Mr. Catlin set May 18, 1970 for the public hearing with the consensus of the Planning Commission. The place of the hearing is to be decided by the Chairman and secretary as well as the format and presen- tation. At this time the secretary informed the Commission of the Board of Supervisors' resolution of intent, instructing the Planning Commission to study and recommend possible revisions to the Conditional Use Permit section with the objective to provide greater control over uses permitted under the Conditional Use provision. After a discussion, Mr. Catlin appointed Judge Amato and Mr. Parks as a Committee to review the request and report back at the next regular meeting of the Commission scheduled for May 4, 1970 with the objectives of establishing a public hearing for the first meeting in June, 1970. This was done with the consensus of the Commission. Page 341 There being no further business, the meeting was adjourned. ecretary Page 342 APRI L 20, 1970 The Albemarle County Planning Commission met on April 20, 1970 in the County Court House at 7:30 P.M. in Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, John Wright, Henry Page and William Perkins. Also attending were members of the County staff; Mr. J. H. Bailey, Mr. Ray Jones and others; many interested citizens, members of the Board of Zoning Appeals, members of the Soil Conservation Service and Mr. Edgar Garnett, Chairman, Board of Super- visors. Absent was: Mr. James Parks. The secretary established that a quorum was present. Dr. Catlin introduced Mr. Rosser Payne, County Planning Consultant, who presented the alternatives for future development of Albemarle County and their advantages and disadvantages, requesting the Planning Commission for direction in selecting one or a combination of objectives. Numerous questions and suggestions were presented by the public in attendance. It was noted by Mr. Payne that there would be further investigation and presentation to the Commission at a later date. There being no further business, the meeting was adjourned. ecretary Page 343 May 4, 1970 The Albemarle County Planning Commission met on May 4, 1970 in the County Court House at 7:30 P.M. in Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, John Wright, James Parks, Henry Page, and William Perkins. Also attending was Mr. Lloyd Wood. The secretary established that a quorum was present. The minutes of April 6, 13, and 20, 1970 were approved as submitted. The Chairman at this time called for the public hearings. 1. ZMP-118. W. T. Dettor, Jr.. To rezone 6.7 acres from A-1 Agricultural to B-1 Business. Located on east side of Route 22, approximately 700 feet north of State Route 744, adjacent to Bottled Gas Corp. of Virginia. Described as Tax Map 80, Parcel 6, part thereof, Rivanna Magisterial District. The staff presented his report after which Mr. William Dettor presented his petition for rezoning. He presented his petition which is recorded in the file of ZMP-118. He elaborated on the capabilities of the land,its relationship to the existing environment and the reason for locating the warehouse facility on this property. At this time the Chairman opened the floor for dis- cussion by the public in attendance. Those appearing in opposition were Archibald Craig, representing the Keswick Community Center and himself. He stated he represented a membership of 250 and was authorized to speak for them. He presented a 3-page petition signed by 75 opponents to the rezoning. Mr. Earl Sowers, representing the Keswick Club of Virginia spoke in opposition. He stated the Keswick Club had 650 members and that the proposed facility was not in keeping with their existing facility, that of the Country Club. Page 344 Mr. Robert Wright, property owner adjacent to the Country Club spoke in opposition, Mr. Kerry Jackson, President of the Keswick Hunt Club representing 193 members spoke in opposition. At this time the Chairman asked for questions and discussion from the Commission, the public hearing having been concluded. During the discussion, the Chair recognized a representative of the C&0 Railroad who spoke on the history of the railroad in the area and stated that no application for the purchase of the property had been brought to the railroad in 10 years or more. After a general discussion, Mr, Perkins made the following motion seconded by Mr. Wright that ZMP-118 be recommended for denial. The motion carried by a roll call vote of 6 to 2. In denying the petition, the Planning Commission found that the B-1 zone in this location was not compatible with the existing character of development of the general area. 2. CU-129. W. T. Dettor, Jr.. To locate a wholesale food distribution facility on land described as Tax Map 80, Parcel 6 (part thereof) and located on east side of Route 22, adjacent to Bottled Gas Corp. of Virginia. Rivanna Magisterial District. By virtue of the recommended denial of ZMP-118, CU-129 could not be heard. 3. ZMP-117. Peyton G. Taylor. To rezone 8.83 acres from A-1 Agricultural to RS-1 Residential in "Shadwell Estates Subdivision". Property is located on south side of Route 250 East and is described as Tax Map 79-B, C, D, Lots 6, 7, and 8, Section A, Block 2, "Shadwell Estates", Rivanna Magisterial District. Mr. Taylor's zoning map petition could not be heard due to lack of legal notification of adjacent property owners. His petition was rescheduled for June 1, 1970. 4. ZMP-119. William E. Moody, M.D.. To rezone 12.17 acres from R-1 Residential to A-1 Agricultural. Property is located approximately 1.3 miles west of Scottsville on Route 6. Described as Tax Map 130, Parcel 25K. Scottsville Magisterial District. Page 345 The staff presented his report after which Dr. Moody presented his petition for rezoning, elaborating on the reasoning in relocating his office from the immediate area of Scottsville. That reason being the recent flooding of the Town of Scottsville and damage caused to his existing facility. It was noted that no opposition was in attendance. After a general discussion, Mr. Perkins made the follow- ing motion seconded by Mr. Wright that ZMP-119 be approved. The motion carried unanimously. 5. CU-126. William E. Moody, M.D.. To locate a professional office in a home (doctor's office) on property described as Tax Map 130, Parcel 25K in a proposed A-1 Agricultural zone. Located 1.3 miles west of Scottsville on Route 6. Scottsville Magisterial District. The staff presented his report after which Dr. Moody spoke again on the request to locate his office within his home. After a general discussion, Mr. Carr made the follow- ing motion seconded by Mr. Parks that CU-126 be approved with the condition that the outward appearance of the single family dwelling would not be changed from that of a single family dwelling. The motion carried unanimously. 6. ZMP-108. T. R. Steger. To rezone 2.8 acres from A-1 Agricultural to R-2 Residential for two apart- ments. Property is located on Route 715 near Esmont, Virginia. Described as County Tax Map 128B, Lot 2. Scottsville Magisterial District. At this time Mr. Wright excused himself from the public hearing. The staff presented his report after which Mr. Steger presented his petition. A general discussion followed after which Mr, Maupin made a motion to approve the request, seconded by Mr. Carr. Discussion followed, after which Judge Amato made a substitute motion to defer the application for the completion of the Master Plan which was seconded by Mr. Page, The substitute motion failed by a 4 to 3 vote. Upon the motion to approve, the motion carried by a majority of the members present. It was noted that Mr. Wright returned to the meeting. Page 346 7. CU-128. Willis J. Martin. To locate an expanded �ft•► public garage on Route 20 South, south of Carter's Bridge on property described as Tax Map 112, Parcel 38A containing 3.35 acres and zoned A-1 Agricultural. Scottsville Magisterial District. The staff presented his report after which Mr. Martin spoke on his activity. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Wright that CU-128 be approved subject to the conditions suggested by the staff: A. Suitable screening should be provided by Mr. Martin so as to conceal any miscellaneous automobile parts from view of Route 20. B. No more than one inoperative vehicle should be allowed at any one time on this property. C. All body work should be done within the confines of this body shop. D. All trash, rubbish and junk should be removed from that area of the property which is visible from Route 20. E. Any signs that will be or that are now affiliated with this business will be located 30 feet from the right of way of Route 20. And an additional condition ( F. ) requiring the plot plan to be submitted to the Administrator showing the existing and proposed facilities. The motion carried unanimously. 8. SP-42. Harry N. Price. To locate a permanent mobile home on land located on south side of Route 649, adjacent to Jefferson Village Subdivision. Described as Tax Map 32, Parcel 27A. Rivanna Magisterial District. The staff presented his report. Mr. Price, presenting his petition stated he wished to locate a permanent mobile home in anticipation of residing there upon his retirement. Mr. Price resides in Richmond. After a general discussion, Mr. Perkins made the following motion seconded by Mr. Wright that SP-42 be recommended for denial. The motion carried unanimously. Page 347 It was noted that Mr. S. 0. McCauley spoke in opposition to the trailer location near Route 649. He represented the adjacent church. 9. CU-130. County of Albemarle, Virginia. To locate a water filtration plant and related facilities on land described as Tax Map 32E, Parcel 1 (part thereof), containing 6.51 acres. Property is located on the North Fork of the Rivanna River in Camelot Subdivision. Rivanna Magisterial District. The staff presented his report, after which the County Engineer, Mr. J. Harvey Bailey presented the request for the location of the water treatment plant. After discussion, Judge Amato made the following motion seconded by Mr. Perkins that CU-130 be approved subject to the staffs recommendations. That of tree screening being provided on the north and east property lines to shield the facility from the proposed residential development. The motion carried unanimously. 10. CU-131. James R. Whyte. Applicant has petitoned the Albemarle County Board of Supervisors for a Conditional Use Permit to expand a general store located in the Earlysville area, at the inter- section of Route 660 and Route 743. Tax Map 31, Parcel 15, containing 0.5 acres, zoned A-1 Agricultural. Rivanna Magisterial District. The staff presented his report, after which Mr. White elaborated on his request for the addition. After a general discussion, Judge Amato made the following motion seconded by Mr. Perkins that CU-131 be approved as submitted. The motion carried unanimously. Site Plans: 1. Jefferson Towne Apartments, Phase II, Jefferson Towne Apartments, Phase II, was approved as submitted with the condition that the area shown for recreation located in the southerly one-third of the pro- ject area is to be reserved for possible road alignment until December 31, 1971 in keeping with the approval of Phase I with the same condition. Page 348 2. Reliance Chemical Corp., Berkmar Drive. I*M" Site plan for the location of outside storage of Butane and Freon. Unanimously approved subject to State Fire Marshal approval and Department of Agriculture. Plats for Planning Commission Approval: 1. Final Plat, Section 5, Canterbury Hills. Approved as submitted subject to highway approval of highway plans and appropriate bonding of roads. 2. W. A. Young Subdivision, Final. Deferred until the right of way of Beagle Gap road is accepted by Virginia Department of Highways for inclusion into secondary system. 3. Right of way, Beagle Gap Road. Approved as submitted with a waiver of the 50 foot requirement to a 40 foot right of way, as authorized under Section 9 of the Albemarle County Subdivision Ordinance. There being no further business, the meeting was adjourned. ecretary Page 349 MAY 18, 1970 The Albemarle County Planning Commission met on May 18, 1970 in Jack Jouett Junior High School at 7:30 P.M. to con- duct a public hearing on "Signs". Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, John Wright, James Parks, Henry Page, and William Perkins. Also attending was Mr. Lloyd Wood. The secretary established that a quorum was present. Dr. Catlin called the meeting to order. After an introduction, he introduced Mr. Perkins of the Sign Committee, who elaborated on the new provisions. Mr. Perkins went through the proposed ordinance, speaking of the removal of signs, non -conforming signs, traffic hazards, and sign permits. He elaborated on the definition of signs and in what zones they would be allowed. At this time, Mr. Perkins introduced two students of the University belonging to the Local Environment Group. These two students showed slides of signs throughout the County, showing clusters of signs and damaged signs. Dr. Catlin at this time asked for the public to speak. Mrs. M. E. Rose spoke first against general outdoor advertising. She is presently an advertising consultant. She stated that she sympathized with advertisers, but that general outdoor advertising was no longer needed on the highways due to radios which are located in cars and trucks today and have frequent commercials. Mr. Furman Cliett, representing the Chamber of Commerce said that he had been asked to state that the Chamber of Commerce would certainly be in favor of continuing beauty programs. They would also like to see an ordinance that would restrict advertising, but still allow a businessman to operate. Mr. Peter Kelsey, Legal Environment Group, University of Virginia Law School, commented on Mrs. Rose's presentation, Page 350 stating that there were other means of advertising. He read several sections of a Code of the State of Vermont, restricting signs, indicating that Vermont attracted tourists but kept their signs to a minimum. Mr. Kelsey pointed out that he was from New Jersey where signs were not restricted enough and that we should consider how fast Albemarle County is growing and restrict signs more. Mr. Paul D. Stotts, Outdoor Advertising Association, Attorney, representing Jackson Poster Company, Turner Advertising, Tally -Neon Advertising, Stanford and Inge, Inc. and National Advertising. Mr. Stotts suggested that the matter be studied further with a chance for the sign companies to participate in the drafting of the ordinance. He stated that billboards were needed to advertise food, gasoline and lodging for tourists. He further stated that this ordinance does not regulate general advertising, but prohibits it. Mr. Stotts said that Jackson Poster Company would have to go out of business because all his signs are over 100 square feet. He suggested the ordinance limit public signs. Also that the ordinance permit signs as large as a business warrants according to lot size. He spoke of location signs and how it would have an adverse affect on the County in the long run. He questioned the ordinance for not allowing neon signs, stating that in some cases they were needed, such as banks and Holiday Inns. And he said that 100 square feet was not adequate for Holiday Inn because you would not see it. He elaborated on the measuring of signs and said in most cases you would be measuring air due to the shapes of some signs. In talking about projecting signs, Mr. Stotts said you could not get the necessary equipment in 6 inches of space behind the sign. Page 351 On non -conforming signs he read from the State Statute, Section 15.1.492, which says that they do not have to remove their nonconforming signs unless they are discontinued for a period of two years or unless they get compensation for them. Mr. Stotts questioned the ordinance about traffic hazard signs and whether or not we could impose the duty on the Highway Department to check these signs before issuing a permit. Mrs. James Cash spoke against the signs, stating that tourists were attracted to Virginia because of the Blue Ridge Mountains and Monticello. Therefore, signs would prohibit the beauty of the County and if tourists are going to be a big trade we need to eliminate signs. Mrs. David Thomson, member of the Civic League, stated that since there is other media for advertising, it is hard to justify billboards. Since man is so adaptable, he will learn to see 10 square feet as 50 square feet of sign. Sgt. M. E. Lawrence, Armed Forces Recruiting Services, spoke on the need for outdoor advertising in recruiting, quoting figures of how much it cost the taxpayer annually and stating that sign companies gave advertising free to recruiting services, thereby showing that outdoor advertising is the most inexpensive form of advertising for them. He also stated that their signs are set up 24 months in advance and constructed 12 months in advance, therefore if the size of the signs were cut back to 100 square feet, it would be a substantial loss for the State of Virginia. Mr. Leroy Graves, representing the Ivy Sign Company, commented on the slides of the signs and noted the clusters of signs. He questioned the qualifications of the Commission members to come up with this plan. He went on to explain the sign business and fees and license that had to be paid. Mr. Graves questioned the fact that there were no provisions for appeals in the ordinance, and that he would Page 352 have to remove his billboards in two years at his own expense. He wanted to know if the Commission knew what they were doing. Regarding neon lighting, he stated that this was needed and that you have to adjust the size of the sign by the need. Mr. Graves questioned having the Highway Department determine the location of the sign. He thinks more restrictions should be put on political signs, suggesting bonds be placed to have these removed. He also suggested that a Board of possibly 12 members be appointed from the Commission, sign companies, garden clubs, Civic League to work out a program suitable to all. Mr. William M. Colony, a citizen of the County, spoke against signs, elaborating on the beauty that should be maintained along our roads. Mr. Roger B. Flint, representing Pepsi Cola Company, said that to limit signs, the Commission would be responsible for people going out of business. He suggested that this matter be reconsidered with more people. Mr. John M. Crafaik, representing Humpty Dumpty, Inc., said that small businesses like his could not afford to spend very much money on advertising, He stated that he needed signs to stay in business and that the Planning Commission was out of its jurisdiction. He suggested the Commission talk about up -keep of signs. Mr. John Darrell, a citizen of Albemarle County for six months, said that it is time we prohibited signs. Mr. ..A;_.Lyle,'Ward, representing KOA Campgrounds, said a lot of people coming to his camp complain that there are not enough signs for them to find their way to the camp. Mr. Edward R. Jackson, representing Jackson Poster Advertising, spoke against the sign ordinance, stating that we do not stop manufacturing beer although we throw beer cans on the road. Mr. Thomas E. Link, from WCHV, stated that this was Restriction vs Prohibition. He suggested that people communi- cated with their supervisors on this matter. Page 353 Mrs. Williams, an employee of Monticello, said that on some Sundays more than 3,000 people go to that house, and that to her knowledge Monticello does not have one sign over 100 square feet, and yet they do a pretty good business. Mr. J. C. Levenson, a citizen, stated that the County has to act, individuals cannot do this by themselves. At this time, Dr. Catlin closed the public hearing, *so commenting that the Planning Commission would take no action at this time, but hold a work session and possibly another public hearing before forwarding it on the the Board of Supervisors. There being no further business, the meeting was adjourned. Secretary 9 N Page 354 May 27, 1970 This was a scheduled work session of the Albemarle County Planning Commission convened to consider written and oral comments and recommendations regarding the preliminary draft of a proposed revision to the Albemarle County Zoning Ordinance as it relates to all Articles involving signs as prepared by the Planning Commission. The meeting was held commencing at 12:00 Noon, May 27, 1970 in the Albemarle County Board of Supervisors meeting room. The following is the result of that work session, Those present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, John Wright, James Parks, Henry Page and William Perkins. Mr. S. E. Amato was not present. The secretary established that a quorum was present. The Planning Commission, by proper motion and seconds adopted the following amendments unanimously to the second draft of the revision to the Zoning Ordinance as it relates to signs dated April, 1970. 1. Amend Item G, RS-1 Residential, Recommend Column, to read "32 square feet in area" instead of 16 square feet in area. 2. Amend Item G, R-1 Residential, under Recommend Column, to read "32 square feet in area" instead of 16 square feet in area. 3. Amend Item G, under R-2 Residential, Recommend Column, to read "32 square feet in area" instead of 16 square feet in area. 4. Amend Item J under R-3 Residential under Recommend Column, to read "32 square feet in area" instead of 16 square feet in area. 5. Amend Item A, A-1 Agricultural; Item A, B-1 Business; Item A, M-1 Manufacturing; Item A, M-2 Manufacturing; under the Recommend Column, to include in Sub -Item B and C the word "such" preceeding the words "signs". 6. Amend Item A, A-1 Agricultural, Recommend Column. 11%W Insert new sign category "Business Signs - Wall" to read "Provided: (A) if illuminated, no moving, flashing, Page 355 blinking, color changing, or exposed, bare or uncovered neon illumination or lighting; (B) the aggregate area of all such signs shall not exceed 100 square feet; (C) no portion of such sign shall be greater than 30 feet from ground level or the eave line of the roof of the main building located on the premises upon which such sign is erected, whichever is greater. 7. Amend Item A, R-3 Residential, under Recommend Column, to read "limited to wall signs, etc.", instead of limited to projecting signs, etc., 8. Amend B-1 Business under Recommend Column to include a new description: "Business Signs - Wall" Provided: (A) if illuminated, no moving, flashing, blinking, color changing, or exposed, bare or uncovered neon illumination, or lighting; (B) the aggregate area of all such signs shall not exceed 200 square feet; (C) no portion of such sign shall be greater than 30 feet from ground level or the eave line of the roof of the main building located on the premises upon which such sign is erected, whichever is greater. 9. Amend M-1 Manufacturing under Recommend Column to include new category "Business Signs - Wall" Provided: (A) if illuminated, no moving, flashing, blinking, color changing, or exposed, bare or uncovered neon illumination, or lighting; (B) the aggregate area of all such signs shall not exceed 300 square feet; (C) no portion of such sign shall be greater than 30 feet from ground level or the eave line of the roof of the main building located on the premises upon which such sign is erected, whichever is greater. 10. Amend M-2 Manufacturing, under Recommend Column to read "Business Signs - Wall" Provided: (A) if illuminated, no moving, flashing, blinking, color changing, or exposed, bare or uncovered neon illumination, or lighting; (B the aggregate area of all such signs shall not exceed 300 square feet; (C) no portion of such sign shall be greater than 30 feet from ground level or the eave line of the roof of the main building located on the premises upon which such sign is erected, whichever is greater. 11. Amend 15-77-1, Sign Definitions under Recommend 400 Column, amend the last sentence to read "The area shall be determined as if such display were made on a sign with straight lines or circular sides. 12. Amend 15-77-3 Sign Definitions under the Recommend Column, to read "A sign either free-standing, projecting,, wall etc.", instead of a sign either free-standing or projecting or both. Page 356 13. Amend under Sign Definitions 15-77-6 to include the following phrase to be inserted after the word "obtain" "and not situated upon the premises upon which such establishment is located". 14. Amend under Sign Definitions 15-77-11 under Recommend Column to include at the end of the last sentence the following: "the lettering or message on any one side of such sign may be different from any other side". 15. Amend Sign Definition 15-77-15 under Recommend Column, to read "A business sign erected, projecting perpendicularly to the building wall surface to which it is attached, no part of which is more than 6 feet from the wall surface of the building on which it is erected." 16. Amend the Sign Definitions under Recommend Column to include a new definition, to read "Signs - Wall: A business sign erected or painted on a building visible from the exterior, no part of which is more than 12 inches from the surface of the building on which it is erected, such sign may be illuminated. 17. Amend Sign Definitions under Recommend Column to exclude 15-77-19. 18. Amend under the revision entitled "A new Article Entitled Signs" known as "Article Traffic Hazards" by eliminating the words "Highway Engineer" and replacing it with "Zoning Administrator". This involves the replacement in two places and in addition add at the end of the sentence of the paragraph, "who may consult with the Resident Highway Office, Virginia Department of Highways to assist him in determining whether a traffic hazard exists" 19. Amend the proposed section entitled "A New Article Entitled Signs" under "Article : Non -Conforming Signs and Discontinuance" in the middle of the paragraph to read "the area of which is over 60 square feet shall.be removed four years from the date of adoption of this ordinance by the Albemarle County Board of Supervisors" in lieu of June 1, 1972. At this time the work session was concluded relating to review of the comments received during the course of the public hearing on the sign revisions. At this time Mr. Carr made the following motion seconded by Mr. Wright that Dr. Catlin communicate with the Chairman of the Board of Supervisors to schedule a joint ``�' meeting of the Board and Planning Commission to discuss Page 357 the Planning Commissions recommendations. The motion carried unanimously. Mr. Carr made a second motion seconded by Mr. Wright that the Chairman pursue possibility of acquiring an outside attorney to review the proposed revisions to Articles relating to signs as amended. The motion carried unanimously. There being no further business, the meeting was adjourned. Secretary Fri 9 Page 358 JUNE 1, 1970 The Albemarle County Planning Commission met on June 1, 1970 in the County Court House at 7:30 P.M. in Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, John Wright, James Parks, Henry Page, and William Perkins. Also attending was Mr. Lloyd Wood and Mr. T. M. Batchelor. The secretary established that a quorum was present. The minutes of May 4, and May 18, 1970 were approved. The Chairman at this time called for the public hearings. 1. ZMP-125. Albemarle County Board of Supervisors, on its own motion of intent to rezone 20.94 acres from A-1 Agricultural to RS-1 Residential, owned by Don Croxton. Property is located on Route 759 (Old Three Chopt Road) near Boyd Tavern. Described as Tax Map 94, Parcel 29 Rivanna Magisterial District. The staff presented his report and the petition for the Board of Supervisors elaborating on the basis of the petition being filed. The staff noted that the owner of the property, Mr. Don Croxton, had been notified by certified mail of the Board's intention and that he had communicated with the Zoning Office regarding the letter. It was noted by the Chairman that Mr. Croxton was not in attendance. It was also noted by the Chairman that several people were in attendance requesting that the rezoning be approved. These were adjacent property owners in the area. After a lengthy discussion, Judge Amato made the following motion seconded by Mr. Carr which was unanimously approved that *%W ZMP-125 be forwarded to the Board of Supervisors with a recommendation of approval. 2. ZMP-117. Peyton G. Taylor. To rezone 8.83 acres from A-1 Agricultural to RS-1 Residential in "Shadwell Estates Subdivision". Property is located on south side of Route 250 East and is described as Tax Map 79-B, C, D, Lots 6, 7, and 8, Section A. Block 2 "Shadwell Estates", Rivanna Magisterial District. Page 59 The staff presented his report. Mr. Taylor made his presentation. After a lengthy discussion by the Planning Commission, Judge Amato made the following motion seconded by Mr. Carr which was approved unanimously that ZMP-117 be deferred until June 15, 1970, to enable the secretary to investigate possible Deed restrictions within the Shadwell Estates Subdivision. 3. ZMP-122. Harriette Brown. To rezone 2.08 acres from A-1 Agricultural to B-1 Business. Property is located in the southwest quadrant of the interchange of I-64 and Route 616 in the Keswick area. Tax Map 94, Parcel 38. Rivanna Magisterial District. The staff presented his report. Mrs. Brown and Mr. Dick Florence presented the petition. After a lengthy discussion, Mr. Maupin made the following motion, seconded by Mr. Page, which was adopted unanimously, that ZMP-122 be approved as requested. 4. ZMP-123. Robert H. Green. To rezone 2.77 acres from RS-1 Residential to A-1 Agricultural. Property y is located on a service road, just south of I-64 and east of Route 690 in the Newtown area. Tax Map 54, Parcel 14B-1. Samuel Miller District. The staff presented his report. The Chairman noted that Mr. Green was not in attendance. After a discussion by the Commission, Mr. Perkins made the following motion, seconded by Mr. Wright, which was unanimously approved, that ZMP-123 be approved as requested. 5. Use Permit. John B. Moore. Applicant has petitioned the Board of Supervisors to amend the Business B-1 zone, Article 6-1, Permitted Use Section of the County Zoning Ordinance to permit "Mobile Home and Travel Trailer Sales and Service". Subject land involved in the request is located on Route 29 *440 North, and at its intersection with Westfield Road. Charlottesville Magisterial District. The staff presented his report. After a lengthy discussion by the Commission, Mr. Carr made the following motion, seconded by Mr. Perkins, which was unanimously approved, that the Use Permit of John B. Moore be deferred Page h0 for 60 days. The deferral was approved in order that a committee of the Commission could evaluate all Permitted Uses in the Zoning Ordinance Districts to ascertain whether some uses could be placed in other zones by reason of apparent improper placement of uses under the original Zoning Ordinance. It was the consensus of the Commission that possibley certain uses, for instance, in the M-1 zone, better meet the intent of the B-1 zone. Dr. Catlin, Chairman and Mr. Wright are to serve on a committee to investigate and report back to the Commission. 6. CU-134. Murray Manufacturing Corp. Applicant has applied for a Conditional Use Permit to operate a Waste Treatment Facility to treat industrial waste on property owned by the applicant. Property is located on Route 660 in the Earlysville area in the watershed of the South Fork of the Rivanna River. Described as Tax Map 31, parcel 27A, containing36.29 acres and zoned M-1 Manufacturing. Rivanna Magisterial District. The staff presented his report, after which representatives of Murray Manufacturing and the Engineering Firm of Rogers Engineering presented the petition, elaborating on the treatment process required by virtue of the addition of the metal plating process to the existing facility. Several people spoke asking for additional information and suggesting some investigation into the re -cycling of the water prior to its being allowed to find its way into the South Fork of the Rivanna River. Representatives of the League of Women Voters spoke regarding the petition. After a general discussion, Mr. Perkins made the following motion, seconded by Mr. Page, that CU-134 be deferred until all the Departments of the County involved in the placement of treatment facilities had reviewed and reported to the Commission and until such time as the State Water Control Board could submit its report to the Planning Commission. The motion carried unanimously. 0 Page 61 7. SP-43. Herbert W. Gribble. To locate a permanent mobile home on property located on Route 618, moo 0.5 miles north of Woodridge. Described as County Tax Map 115, Parcel 47, Scottsville Magisterial District. Special Permit 43 was unanimously approved by the Planning Commission subject to adequate septic facilities approved by the Health Department along with a 30 foot minimum setback. 8. SP-44. James E. Hensley. To locate a permanent mobile home on property located on Route 640, described as County Tax Map 33, Parcel 47A. Rivanna Magisterial District. The Planning Commission unanimously approved Special Permit 44 subject to adequate septic facilities approved by the Health Department along with the minimum 30 foot setback from the right of way. 9. SP-45. William B. Smith. To locate a permanent mobile home on property located on Route 635, south of Batesville. Described as County Tax Map 84, Parcel 4. Samuel Miller District. The Planning Commission unanimously approved the location of two mobile homes subject to staff's reviewing site location and Health Department approval for septic system. 10. SP-46. Annie N. Furr. To locate a permanent mobile home on property located on Route 635, south of Route 636. Described as County Tax Map 84, Parcel 4. Samuel Miller Magisterial District. The Planning Commission unanimously approved the location for Special Permit 46 subject to a septic facility approved by the Health Department and a minimum setback of 50 feet from Route 635. 11. SP-47. Robert L. Butler. To locate a permanent *to mobile home on property located on Route 600 at Campbell, Virginia. Described as County Tax Map 81, Parcel 41, Rivanna Maigsterial District. Upon motion by Mr. Perkins, seconded by Mr. Page, which was ado ted unanimously, Special Permit 47 was deferred NOO until/tune 15, 1970 meeting of the Planning Commission. Page 162 NNW Judge Amato and Mr. Humphrey are to review the site and report back to the Commission for p possible conditions that may be imposed to alleviate the opposition which exist to the location of the mobile home. Committee Report Judge Amato and Mr. Parks, sub -committee of the Commission, which has been studying a revision to the Zoning Ordinance relating to Special Permits, presented their report to the Commission. The following amendments to the original draft dated April 15, 1970 were unanimously approved by the Commission. They were: Article 2-1-24(9) under the Special Permit provision in place of the Conditional Use provisions under A-1 Agricultural zone, amend under proposed uses, M-2 zone to read Uses 8-1-20(1) through 8-1-20(17) with the exception of 8-1-20(15), which remains as a Conditional Use Permit with the above amendments of the committee report. The Planning Commission unanimously instructed the secretaryto advertise and prepare a public hearing on the proposed revisions for June 15, 1970. At this time the Commission discussed in length the third draft of a proposal to amend the Articles relating to signs as found in the County Zoning Ordinance dated May, 1970. After a discussion, Mr. Perkins made the following motion seconded by Mr. Carr that the third draft of the Sign Committee's report on the revisions of the Sign Ordinance be forwarded to the Albemarle County Board of Supervisors for action. The motion carried by a 7 to 1 vote. Plats Approved Administrativelv 0 2- Warren F. Wade, C.L.S.: 1. Plat of Parcel A and B on State Route 684, the property of Franklin Yancey and Charles Wikel. 2. Plat of 1.401 acre tract off St. George Ave., Crozet. The property of Vivian L. McCauley. n Page 't63 William S. Roudabush, Jr., C.L.S.: 1. Subdivision plat showing Parcel A, containing 2.148 acres, a portion of the property belonging to Brooksville Corp.. Frank A. Gregg, C.L.S.: 1. Plat showing 1.73 acres located on U.S. Route 29 at Covesville in the Samuel Miller District and being a part of land parcel 108-36A belonging to Lilly W. Wade. There being no further business, the meeting was adjourned. Secretary 9 19 K Page 164 JUNE 15, 1970 The Albemarle County Planning Commission met on June 15, 1970 in the County Board of Supervisors meeting room at 7:30 P.M. in the County Office Building, Charlottes- vill, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, John Wright, James Parks, Henry Page, and William Perkins. Also attending were Mr. Lloyd Wood, Mr, T. M. Batchelor, and Mr. Rosser Payne. The secretary established that a quorum was present. The minutes of May 27, and June 1, 1970 were not approved. The Chairman at this time called for the public hearings. 1. ZMP-117. Peyton G. Taylor. To rezone 8.83 acres from A-1 Agricultural to RS-1 Residential in "Shadwell Estates Subdivision". Property is located on south side of Route 250 East and is described as Tax Map 79-B, C, D, Lots 6, 7, and 8, Section A. Block 2 "Shadwell Estates", Rivanna Magisterial District. Zoning Map Petition 117 was deferred from the June 1, 1970 meeting to receive additional information regarding Deed restrictions. The staff presented copies of the Deed restrictions governing Shadwell Estates Subdivision. It was ascertained that rezoning of this property from A-1 to RS-1 would not be in conflict with the Deed restrictions. Upon motion by Mr. Carr, seconded by Mr. Perkins, ZMP- 117 was approved unanimously, as requested. 2. SP-47. Robert L. Butler. To locate a permanent Mobile home on property located on Route 600 at Campbell, Virginia. Described as County Tax Map 81, Parcel 41, Rivanna Magisterial District. Special Permit 47 was deferred from the June 1, 1970 meeting to permit the staff to field check the location in detail. The secretary reported that in his opinion the mobile home could be located some 200 feet from Route 600 Page `65 and the access road to adjacent property which parallels the railroad which would afford reasonable screening. The secretary's first choice would be to locate the mobile home on the northeast side of the existing structure on the property. Mr. Butler informed the Commission that in order to make use of the existing well and septic system he would have to locate the mobile home to the northwest side of the house. After a general discussion, Mr. Carr made the following motion seconded by Mr. Maupin that if possible the trailer is to be located on the northeast side of the house subject to the Health Departments approving the location. If this is not possible, then the mobile home can be located on the northwest side. The motion carried unanimously. 3. SP= W. Sterling Carter. To locate a mobile home on property located on Route 784, containing 15 acres. Purpose of locating is to house an agricultural employee. Described as Tax Map 48, Parcel 5 (part thereof). Rivanna Magisterial District. The staff presented his report after which Mr. Carter presented his petition stating that the mobile home would be housing for an agricultural employee who would be over- seeing the raising of poultry on the subject tract. After a general discussion, Mr. Maupin made the follow- ing motion seconded by Mr. Wright that SP-50 be approved subject to Health Department for septic system, that the trailer not be located closer than 30 feet from Route 784. The motion carried unanimously. 4. CU-138. Tidbit, Inc.. Applicant has petitioned the Board of Supervisors to enlarge an existing Motel in an A-1 Agricultural zone. Property is located on south side of Route 250 West, between Mechum's River and Brownsville. Described as Tax Map 56, Parcel 109B. Samuel Miller Magisterial District. The staff presented his report. The application was presented to enlarge the existing 16 units to include kitchen facilities and extra room. All additions were to Page ?166 be located to the rear of the existing building and would not involve additional parking. After a general discussion, Mr. Perkins made the following motion seconded by Mr. Maupin that CU-138 be approved for the additional motel units subject to Health Department approval for the addition to the existing septic system. `s� The motion carried unanimously. At this time the Chairman called for the public hearing on Revisions to the Zoning Ordinance - Conditional Use Provisions in all zoning districts as found in the Albemarle County Zoning Ordinance. The staff presented the reasonings for the proposed revisions being before the Commission and general public and elaborated on the intent and objectives of the proposed amendments. At this time, the Chairman asked for comments from the general public. Those appearing in favor of tighter controls over uses now permitted with a Conditional Use Permit were Mr. and Mrs. Marvin Rosenblum, Mr. Randy Jones, Mr. Trite, Mr. Mann, and Mr. Lentz. It was noted that these persons speaking suggested that all Conditional Use Permits become Special Permits and that no existing Conditional Use Permits remain as Conditional uses. Suggestions were made for changing some wording as it relates to individual items contained in the proposal. Mr. Charles Hurt spoke on retaining the Planned Community provisions as a Conditional Use and that the three and four unit dwelling use in the R-2 zone should either be allowed 146, or discontinued and not provided for under a Special Permit. At this time, Mr. Carr expounded on the reasoning for having the three and four unit apartment use within the R-2, that being making available the right to convert older and larger structures into apartments when their use as a single family was precluded and the intent was not -to permit new type construction within the R-2 zone. Page �6j At this time, Mr. Bill Townes spoke on the original ordinance adopted April 15, 1968 and that the ordinance was adopted with full knowledge that it had to be flexible and that there would be changes as necessary. This concluded the public hearing with the consensus of the Commission, action on the proposed amendment was deferred until the end of the agenda. At this time the Chairman called for the review of site plans. The following site plans were considered with the stated action: 1. Better Living, Inc., office and display building. The Planning Commission unanimously approved the location of the office and display building as submitted subject to a 50 foot setback from Route 29 North which is not to exceed 24 months without sanitary facilities or water. The location of the building was the only approval and the addition of the water and sanitary facilities would require a resubmittal of their plan for reapproval. 2. Morton Frozen Foods. Addition to existing treat- ment facility. The Planning Commission approved the site plan as submitted subject to facility meeting the require- ments dictated by the State Water Control Board. Evidence of this being accomplished should be submitted to the Zoning Administrator. 3. Murray Manufacturing. The Planning Commission approved the office and additional manufacturing area to accommodate a proposed activity of metal plating stating that the approval of this site plan does not imply approval of the proposed treatment facility which is pending under a Conditional Use Permit. At this time the Chairman recognized Mr. Rosser Payne, Consultant for the County, charged with development and the Comprehensive Plan for the County under a 701 Planning Grant. Mr. Payne presented his evaluation of proposed water impoundment sites as suggested by SCS relating them to the concept of community clusters within the County. Page, He also asked for approval of the Commission to use a 7% *AW annual growth rate to the year 2000 in connection with the objectives of the Comprehensive Plan. He elaborated on the basis of this assumption. He further stated that the holding capacity for the County in the year 2000 would be 203,000 people with a possible '14W population of a 160,000, A general breakdown of the location of the assumed population objective would be 100,000 for five major communities located at Scottsville, Shadwell-Keswick area, Earlysville area, Ivy area and the Hillsboro -Crozet area. 38,000 to be located in 16 village centers with an additional 22,000 being located in the rural and agricultural area. It was the consensus of the Commission that Mr. Payne proceed with the objectives and assumption as presented. At this time, Mr. Humphrey informed the Commission of the desires of the developer of Lakeside Subdivision to cause the rezoning of that subdivision from an A-1 Agricultural zone to a residential category to provide for proper protection as a single family subdivision. It was the consensus of the Commission that the developer and property owners within Lakeside Subdivision inform the Board of Supervisors of their desires to cause a rezoning to take place. Now at this time, the Chairman called for discussion and action on the amendment to the zoning ordinance which was deferred earlier. After a general discussion, the Planning Commission approved the following amendments to the suggested revisions as found under a memo dated April 15, 1970 relating to Conditional Use Permits. The amendments wereapproved by a majority. 3�1 Page ADDENDUM to Revisions to Zoning Ordinance (Conditional Uses) The following are the amendments approved by the majority of the Commission members present at a public hearing conducted June 15, 1970 on the proposal to amend the Conditional Use Provisions as found in the County Zoning Ordinance to provide for more control over certain existing Conditional Uses under a Special Permit Provision. The following should be used in conjunction withthe prepared material which is the subject of a memorandum dated April 15, 1970 entitled "Revisions to Zoning Ordinance - Conditional Uses". Page 4, Revision Draft - the existing Article 2-1-24(9) "Fruit Packing Plants" under A-1 is to become a Special Use Permit. This requires removal of the last sentence in Article 2-1-24(9), first paragraph under the proposed A-1 zone and its inclusion into the first sentence, first paragraph of the proposed A-1 zone. Page 4, under the proposed A-1 zone, second paragraph should include an added use of a Special Permit provision entitled "Animal Hospital" to replace "Equine Office and Hospital" as suggested. Page 4 under existing A-1 zone, Article 2-1-24(8) delete the word "gun" and under proposed A-1 zone add under the Special Permit uses "shooting ranges". Page 5 under existing A-1 zone, Article 2-1-24(21) "Planned Communities" exclude from the proposed A-1 zone under a Special Permit and leave the use as it now exists in the A-1 zone under a Conditional Use Permit. The Planning Commission is also recommending that the existing Article 2-1-3, Business Signs, Location Signs be included at this time as a Special Permit Provision. No change in the prepared document relating to the RS-1 zone as proposed were suggested. The same is true for the proposed R-1 zone, Page 9 under proposed R-2 zone, the Planning Commission recommends the elimination entirely from the ordinance of three and four unit family dwellings, No change from the proposed R-3 language was suggested. _3 -7a Page 2:6:9' ADDENDUM Page 2 Page 11, existing B-1 zone, Article 6-1-38(2) should be changed to read "Animal Hospital" in lieu of "Veterinary or dog or cat hospitals". Article 6-1-38(2) is suggested for locationunder the Special Use Provisions with the wording "Animal Hospitals", The Planning Commission also recommends that the existing Article 6-1-6 relating to "Business signs, general advertising signs and location signs"be placed under the Special Permit Provision. Page 12,remains as is under the M-1 zone; however, the Planning Commission is suggesting that Article 7-1-6 of the ordinance "Business signs, General Advertising signs, and Location signs be placed under the Special Permit Provisions. Page 13 remains as is with the Planning Commission suggesting that Article 8-1-5 under "Business signs, General Advertising Signs, Location signs be placed under Special Permit provisions, The Planning Commission, upon motion by Mr. Carr, seconded by Mr. Page recommends to the Board of Supervisors `` the adoption of the attached revisions as amended on June 15, 1970. The motion carried unanimously. There being no further business, the meeting was adjourned. Secretary Page 371 July 6, 1970 The Albemarle County Planning Commission met on July 6, 1970 in the County Court House at 7:30 P.M. in Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, John Wright, James Parks, Henry Page, and William Perkins. Also attending were Mr. Lloyd Wood and Mr. T. M. Batchelor. The secretary established that a quorum was present. The minutes of June 1, 1970 and May 27, were held over until July 13th meeting. At this time the Chairman called for the public hearings. 1. ZMP-112. Elizabeth P. Sherrill. To rezone 3.5 acres from A-1 Agricultural to M-1 Industrial Located on Route 742, south of Charlottesville. This property is described as County Tax Map 91, Parcel 1-D, Charlottesville Magisterial District. (Deferred from April, 1970.) The staff informed the Commission that he had con- sulted with Mr. Rosser Payne regarding this application for rezoning and it had been preliminarily determined that the extension of the existing M-1 zone in this area would include the parcel of land in question. After a discussion, Mr. Perkins made the following motion, seconded by Mr. Parks that ZMP-112 be approved as submitted. The motion carried unanimously. 2. ZMP-126. H. E. Brown and Others. To rezone 20.0 acres from A-1 Agricultural to RS-1 Residential, located on Route 705, 5.0 miles south of Charlottes- ville. This property is described as County Tax Map 89, Parcel 80, Charlottesville and Samuel Miller District. The staff presented his report recommending denial of the application. Mr. Brown presented his petition for rezoning. Mr. Carl Dorman appeared in opposition to the request. Page 372 After a general discussion, Mr. Parks made the follow- ing motion seconded by Mr. Perkins that ZMP-126 be recommended for denial in keeping with the staff report. The motion carried unanimously. 3. ZMP-128. Henry Maclin Properties, Inc.. To rezone 2.96 acres from R-2 Residential to R-3 Residential, located on Peyton Drive in Westfield. This property is described as County Tax Map 61W, Parcel G-2, Charlottesville Magisterial District. The staff presented his report stating that an apparent error had occurred in placing of the R-3 zone line in this area as noted by a previous zoning case across Peyton Drive from this application. After a general discussion, Mr. Maupin made the follow- ing motion, seconded by Mr. Wright that ZMP-128 be approved in keeping with the staff report. The motion carried unanimously. 4. ZMP-129. W. T. Dettor, Jr.. To rezone 48.0 acres from A-1 Agricultural to B-1 Business, and 12.0 acres from A-1 Agricultural to RS-1 Residential, located on Route 738 near Ivy, Virginia. This property is described as County Tax Map 58, Parcel 37, Ivy Magisterial District. Mr. Perkins requested to be excused from the discussions of ZMP-129 and CU-140 due to conflict of interest. The staff presented his report as submitted by Mr. Rosser Payne, County Planning Consultant, after which Mr. Dettor presented his justification. Numerous people in the immediate area of Ivy appeared in opposition and presented petitions signed by people both within the Ivy area and outside in opposition. It should be noted that Mr. Dettor also filed a petition of people in the immediate area of Ivy stating no opposition to the proposal. He also submitted letters from persons who had signed the opposition petition now requesting that their names be removed from said petition. After a very lengthy discussion, Mr. Carr made the following motion seconded by Mr. Maupin that ZMP-129 be approved with the following amendments to the petition as "pop, Page 373 requested (1) that the 48 acres requested for B-1 zoning be reduced to 20 acres being generally defined by a line commencing at the eastern property line at its intersection with the railroad right of way; thence 1,000 feet in a northerly direction to a point where it deviates from the existing property line, a westerly direction along a straight line to connect to the center line of a stream, a distance of approximately 1,300 feet; thence in a southerly direction following the center line of the course of said stream where the said stream intersects the railroad right of way; thence in an easterly direction along the railroad right of way to the point of beginning. Said area involved being approximately 20 acres. The remainder of the 48 acres is to remain in the A-1 Agricultural zone. (2) The 12.0 acres requested for RS-1 zoning is recom- mended for approval. The motion carried unanimously. 5. CU-140. W. T. Dettor, Jr.. Applicant has petitioned the Board of Supervisors to allow a Wholesale Food Distribution Warehouse in a pro- posed B-1 zone on property containing 48.0 acres on Route 738 near Ivy, Virginia. Property is described as County Tax Map 58, Parcel 37, Ivy Magisterial District. The staff presented his report and after a lengthy discussion by the Commission, Mr. Perkins made the follow- ing motion, seconded by Mr. Carr that (1) a 100 foot buffer of existing cover be provided on the westernmost property line within the area to remain A-1 Agricultural extending north from the railroad right of way to the RS-1 zoned land. (2) That a 100 foot buffer of existing cover be provided on the east property line extending from the rail- road right of way to the rear line of the recommended RS-1 zone. (3) That the Soil Conservation Service be contacted to evaluate the proposed lake site as suggested by Mr. Dettor on the site plan. Page 374 (4) The Health Departments approval of septic system. The motion carried unanimously.. 6. CU-135. James C. Sams. Applicant has petitioned the Board of Supervisors to allow a professional office to be located in his home located on Route 712, containing 75.0 acres. Property is described as County Tax Map 122, Parcel 33, Scottsville Magisterial District. The staff presented his report. Mr. Sams elaborated on his request. After a discussion, Mr. Wright made the following motion, seconded by Mr. Page that CU-135 be approved as submitted, providing that there be no change in the outward appearance in the residential structure. The motion carried unanimously. 7. CU-136. H. H. Tiffany. Applicant has petitioned the Board of Supervisors to approve a water system for the H. H. Tiffany Development Corp., located on Route 691 near Greenwood, Virginia on property containing 298.423 acres. This property is described as County Tax Map 55, Parcel 12, Samuel Miller Magisterial District. Mr. Perkins asked to be excused from this discussion due to conflict of interest. A lengthy discussion was held on the petition after which Mr. Wright made the following motion, seconded by Judge Amato that CU-136 be deferred until the July 13th meeting to permit time to obtain additional information regarding this application. The motion carried unanimously. 8. CU-137. North Water Co., Inc.. Applicant has petitioned the Board of Supervisors to approve a Sewerage Treatment Plant located off of Route 631 on Oak Hill Drive on property containing 254.55 acres. This property is described as County Tax Map 90A, Parcel 1, Charlottesville Magisterial District. 400 The staff presented his report, after which a general discussion was held. After the discussion, Judge Amato made the following motion seconded by Mr. Wright that CU- 137 be deferred until the July 13, 1970 meeting to obtain additional information and that if it were found that the Vo Page 375 plant was in operation without properapproved permits that *%MW the County pursue prosecution as a zoning violation. The motion carried unanimously. It was noted that Mr. Bill Colony and Mrs. Rosenblum spoke on the operation and maintenance of this facility and the need for County control water and sewer facility plants. �Wl It should be noted that a motion by Judge Amato for immediate prosecution of the North Water Co. was not approved by virtue of a 4-4 tie vote. 9. CU-141. C. B. Trainum, Sr.. Applicant has petitioned the Board of Supervisors to approve an Antique Shop on the south side of Route 250 East, across from Pittman's Store on property containing 0.5 acres. Property is described as County Tax Map 80, Parcel 58, Rivanna Magisterial District. The staff presented his report after which Mr. Trainum presented his petition. After a general discussion by the Commission, Mr. Perkins made the following motion, seconded by Mr. Carr that CU-141 be approved with the conditions suggested by the staff. That of (1) a deceleration and acceleration lane. (2) parking of customer autos be behind the front building line of the existing structure so as not to impair sighting in both dirctions of Route 250, (3) the present bank on the west be cut down to assist in providing proper sight distance. The motion carried unanimously. 10. SP-48. Ted Wilson. To locate a permanent mobile home on property located on Route 615 containing 5.68 acres. This property is described as County Tax Map 51, Parcel 16 (Lot 6), Rivanna Magisterial District. The Planning Commission recommends approval of the application in keeping with the staff's report as follows: (1) approval of Health Department for septic system and (2) 300 foot setback from right of way. Page 376 11. SP-49, Donald Nobles. To locate a permanent mobile home on Route 690 on property containing 2.03 ' acres. This property is described as County Tax Map 58, Parcel 15-5, Samuel Miller Magisterial District. The Planning Commission recommends approval of the application in keeping with the staff's report as follows: (1) approval of Health Department for septic system and (2) 30 foot setback from right of way. 12. SP-52. George L. Foster. To locate a permanent mobile home on Route 720 on property containing 40.97 acres. This property is described as County Tax Map 112, Parcel 26, Scottsville Magisterial District. The Planning Commission unanimously recommends approval of this application in keeping with the staff's report and a 300 foot setback from the right of way and Health Depart- ment approval for septic system. 13. SP-53. E. R. Carroll. To locate a permanent mobile home on Mountain Drive off of Route 690 on property containing approximately 4.0 acres. This property is described as County Tax Map 69A, Parcels 18, 19, 20, 21, and 22, Samuel Miller Magisterial District. The staff presented his report. Mr. Carroll expounded on the reasonings for locating the mobile home. A resident of Blue Ridge Acres Subdivision appeared in opposition to the location. After a general discussion, Mr. Perkins made the follow- ing motion seconded by Judge Amato that SP-53 be recommended for denial as not being compatible with the intent in establishing the residential area of Blue Ridge Acres. It was noted that a letter from Mrs. A. L. Fox of Greenwood had been filed with the secretary. The motion carried unanimously. 14. SP-54. Douglas Woodson. To locate a permanent mobile home on Route 637, on property containing 3.5 acres. This property is described as County Tax Map 72, Parcel 47, Samuel Miller Magisterial District. ,,mow Page 377 The staff presented his report, after which the Commission unanimously recommended approval of SP-54 in keeping with the staff's report as follows: (1) approval of Health Department for septic system (2) 30 foot setback from right of way. 15. SP-55. George A. Murdock. To locate a permanent mobile home on Route 691, west of Crozet, Virginia, on property containing 0.25 acres. This property is described as County Tax Map 55, Parcel 72A, White Hall Magisterial District. The staff presented his report after which Mr. Murdock appeared and presented his petition. Several people appeared in opposition to the location of the trailer. After a general discussion, Mr. Perkins made the following motion seconded by Judge Amato that SP-55 be recommended for denial. The motion carried unanimously. At this time, the Commission noted that the hour had passed 11:30 P.M. and upon motion by Judge Amato seconded by Mr. Perkins the meeting was adjourned until July 8, 1970 at 7:00 P.M. to continue the July 6, 1970 agenda. The motion carried unanimously. The meeting was adjourned to be reconvened on July 8, 1970. Secretary Page 378 July 8, 1970 In The Albemarle County Planning Commission met on July 8, 1970 in the County Board of Supervisors meeting room at 7:00 P.M. to continue their meeting of July 6, 1970. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, John Wright, James Parks, Henry Page, and William Perkins. Also attending were Mr. Lloyd Wood and Mr. T. M. Batchelor. The secretary established that a quorum was present. At this time, the staff presented the site plan of O'Neill Enterprises, World Imported Car Services, Ltd.. Mr. Carr asked to be excused from this disucssion due to conflict of interest. After a general discussion, Mr. Perkins made the following motion, seconded by Mr. Wright that the site plan be approved subject to the staff's recommendations that on -site drainage be carried off -site by asphalt or concrete ducts to a point where they will drain onto a large drainway located to the north and paralleling the existing railroad right of way, (2) that the landscape plans submitted be made a part of the approval and subject to trees and shrubs as shown on the plan be provided, (3) subject to Health Department requirements for septic system. At this time the staff presented a status report on CU-134, Murray Manufacturing, treatment facility and read a letter from the State Water Control Board indicating approval of the facility was forthcoming. After a general discussion, in which Mr. George Hawks, representative of Murray, elaborated on the system. Mr. Iwo Carr made the following motion seconded by Mr. Wright that CU-134 be approved as submitted subject to the approval of the State Water Control Board and State Health Department. Subdivision plat of O'Neill Enterprises was approved as submitted. Page 379 The staff presented a request from Mrs. Albee, owner of Safari Campgrounds, asking that consideration be given to the present honeysuckle fence at Safari Campgrounds which parallels Route 250. The basis for her request is a potential safety hazard involving the honeysuckle fence. After a general discussion, it was the consensus of the Commission that all adjacent property owners be notified of the review of this condition by certified mail and that the Highway Department be communicated with regarding the removal of the honeysuckle fence on the basis of a safety hazard. PLATS APPROVED ADMINISTRATIVELY By Thomas D. Blue, C.L.S.: 1. Plat showing a survey of Parcel "X", being a 0.043 acre portion of the Hughes property which is to be conveyed to the Cooks, located on Route 708. 2. Plat showing revisions to Lots 6 and 7 of "Deep Acres", a subdivision located on State Routes 676 and 677. 3. Plat of a 2.20 acre tract being a portion of the Daniel G. VanClief property located on State Route 713 near Keene. By William S. Roudabush, Jr., C.L.S.: 1. Subdivision plat showing Parcel 110-A, Tax Map 80 divided into Lots 1, 2, and 3 containing 1.0, 2.69, and 0.97 acres respectively, on State Route 731 at Keswick. By Wiley and Wilson 1. Plat of a tract of land conveyed to the County of Albemarle by Nettie Jones located in Scottsville Magisterial District. By Warren F. Wade, C.L.S.: 1. Plat of Lots Nos. 1, 2, 3 and 4, on State Routes 691 and 1206 near Crozet belonging to F. R. Andrews. By Frank A. Gregg, C.L.S.: 1. Plat showning 2.1 acres located near White Hall on State Route 614 and State Route 810 belonging to A. K. Wyant. Page 380 PLAT FOR PLANNING COMMISSION APPROVAL; By Huffman -Foster & Associates 1. Plat showing Parcel II -A, Parcel III -A, and Parcel IV in a division of Parcel II and Parcel III of the property of "'Neill Enterprises, Inc. There being no further business, the meeting was adjourned. At this time the Commission met with members of the County Board of Supervisors to discuss the Commission's proposed sign ordinance. Secretary R x Page 381 July 13, 1970 The Albemarle County Planning Commission met on July 13, 1970 in the County Board of Supervisors meeting room at 7:30 P.M. in the County Office Building, Charlottesville Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice-Chariman; Cecil Maupin, Savory Amato, John Wright, Henry Page and William Perkins. Also attending was Mr. Lloyd Wood. Absent was: Mr. James Parks. The secretary established that a quorum was present. The minutes of July 6, 1970 were approved with a change in vote from 7 to 1 to 6 to 2 in approving the zoning revisions forwarded on to the Board of Supervisors as it relates to signs. At this time the Chairman called for the public hearings. 1. CU-136. H. H. Tiffany. Applicant has petitioned the Board of Supervisors to approve a water system for the H. H. Tiffany Development Corp., located on Route 691 near Greenwood, Virginia on property containing 298.423 acres. This property is described as County Tax Map 55, Parcel 12, Samuel Miller Magisterial District. (Deferred action from July 6, 1970). The staff elaborated on the information requested. After a general discussion, Mr. Perkins made the follow- ing motion seconded by Mr. Maupin that the Conditional Use Permit 136 be approved subject to the following conditions: A. That the central system as covered under CU-136 serve only the 13 lots as shown and as approved by the Planning Commission and hence recorded which is presently zoned R-1 and 8 additional lots, when those lots have been properly zoned by the Albemarle County Board of Supervisors and the subdivision plat recorded. B. That no other land is to be served by the subject central water supply beyond total of 21 lots. The motion carried unanimously. Page 382 2. CU-137. North Water Co., Inc.. Applicant has petitioned the Board of Supervisors to approve a Sewerage Treatment Plant located off of Route 631 on Oak Hill Drive on property containing 254.55 acres. This property is described as County Tax Map 90A, Parcel 1, Charlottesville Magisterial District. (Deferred action from July 6, 1970.) Mr. Humphrey and Mr. Bailey elaborated on the information requested by the Commission at their earlier meeting relating to the operation of the facility and the discharge of the effluent. It was ascertained that the plant was not in operation, but there were five mobile homes hooked up to the lines with the permission of the Health Department. After a general discussion, Mr. Amato made the following motion seconded by Mr. Page that CU-137 be approved with the follow- ing conditions: 1. That no more hookups be permitted beyond the present five until proper approval had been given by the Health Department for the operation of the facility. 2. Subject to compliance with the requirements and standards having been met of the State Health Department and State Water Control Board. 3. That no mobile homes be nearer than 600 feet from the treatment facility to protect against possible contamination from flying insects and to minimize possible odor nuisance. At this time, the Chairman cAlled for discussion of the request of Safari Campgrounds to reconsider a condition imposed in the approval of their conditional use permit as it relates to the present honeysuckle fence on Route 250 West. The staff informed the Commission that Mr. Bob Warner, Resident Highway Engineer, had stated by telephone that in his opinion the honeysuckle fence could impose a possible safety hazard by virtue of potential users not seeing the site until they were past the entrance; requiring the potential camper to accomplish U-turns in Route 250. He stated he would present a letter to this effect as soon as possible. After a general discussion, Mr. Carr Page 383 made the following motion that the part of the fence in question may be removed provided it is in keeping with the Resident Highway Engineer's report and said removal will satisfactorily remove a potential safety problem. Mr. Page seconded and it was approved unanimously. 3 ZMP-130. Peter G. Hallock. To rezone 1.0 acres from Residential R-2 to Business B-1. Property is located on the south side of Rio Road (Route 631) just west of Route 29 North and Phillip's Building Supply. Described as Tax Map 45, Parcel 26A. (Part thereof.) Charlottesville Magisterial District. The staff located the property, after which Mr. Hallock presented his petition stating that the activity "Retail Nursery" needs a large piece of land. His prime reason for desiring of the site was economics. The land was cheaper. After a general discussion, Judge Amato made the follow- ing motion seconded by Mr. Page that ZMP-130 be approved as submitted. Discussion followed, during which Mr. Carr stated that to grant the application was not remedying a previous mistake but would only be compounding an error in zoning in the area. Judge Amato also elaborated on his reasonings for granting it. After the discussion, the vote on the amendment was as follows: two -yes, 4-no, 1-abstention. The motion to approve the application failed. 4. Use Permit 70-01: A property owner has petitioned the Albemarle County Board of Supervisors to amend the permitted use section of Article 6, Business, General District, B-1, to allow "Retail Nursery Sales and Service". The staff read his report after which Mr. Perkins made the following motion seconded by Mr. Carr that Article 6, Business, B-1 District be amended to permit as a use "Retail Nursery Sales and Service" in keeping with the staff's report. 5. The Albemarle County Board of Supervisors, upon adoption of a motion of intent, has referred to the County Planning Commission for public hearing the recommendation, the following amendments to the County Zoning Ordinance. (1) To amend the Page 384 A-1, B-1, M-1 and M-2 zones to require Special Permits for Business and Location Signs; (2) To amend the R-2 Residential zone to eliminate as a Special Use Permit all multiple dwellings over two dwelling units; (3) To amend the A-1 Agricultural zone to include as a Special Use Permit (A) animal hospitals and (B) two (2) family dwellings. The staff presented his report after which a lengthy discussion ocurred. Mr. Leroy Graves elaborated on reasons for not including the provisions at this time. Mr. Graves thought the Commission was taking on unnecessary work and Mrs. Rosenblum spoke on the reasonings for placing two family dwellings in the A-1 zone. It was the consensus of the Commission that the items be taken separately in considering the recommendations. The following action was taken by item: 1. To amend the A-1, B-1, M-1 and M-2 zones to require Special Permits for Business and Location Signs: Upon motion by Mr. Perkins seconded by Mr. Carr, the above mentioned zones were amended to include the follow- ing: that A-1, B-1, M-1 and M-2 zones be amended to require Special Permits for business and location signs in excess of 50 square feet and that the area of business and location signs as presently presented in the proposed revisions for signs dated 3rd Draft, May, 1970 be included in the definitions (said revisions found on Page 1, 7, 8, and 9 under Recommend Column). This motion carried by a 5 to 2 vote. 2. To amend the R-2 Residential zone to eliminate as a Special Use Permit all multiple dwellings over two dwelling units: Upon motion by Judge Amato seconded by Mr. Wright, a proposal to amend the R-2 Residential zone to eliminate as a Special Use Permit all multi -dwellings over two dwelling units is recommended for approval. The motion carried unanimously. 3A. To amend the A-1 Agricultural zone to include as a Special Use Permit animal hospitals: Page 385 Upon motion by Mr. Wright seconded by Judge Amato, the Planning Commission recommends the amendment to the A-1 zone to include as a Special Use Permit "Animal Hospitals". The motion carried unanimously. 3B. Two family dwellings: Upon motion by Mr. Maupin seconded by Mr. Carr, the lk%W Planning Commission recommends that the A-1 zone be amended to include as a Special Use Permit, two family dwellings on a minimum lot size of two acres. 6. Site Plan Approval: A. Inglewood Square Apartments (41 units): Mr. Perkins asked to be excused from this discussion. The staff presented the site plan for 41 units, after which Mr. Henderson elaborated on the use. After a general discussion, Judge Amato made the following motion seconded by Mr. Carr, that the site plan, known as Inglewood Square Apartments, be approved subject to the staff recommendations as listed: A. Recommendations of County Engineer regarding storm drainage. B. That the applicant provide a letter from the City of Charlottesville granting the appropriate connections for sewer and water to serve this facility. C. That an area be shown and apparatus placed to serve the potential children generated by this facility. The motion carried by a 5 to 1 vote with one abstention. At this time, discussion was held on meeting dates in August and September. It was the consensus of the Commission that a better attendance could be had if the August meeting was scheduled for August 10 and the September meeting for September 8. It was the consensus of the Commission that this be done. There being no further business, the meeting was adjourned. ecrerary Page 386 AUGUST 10, 1970 The Albemarle County Planning Commission met on August 10, 1970 in the County Court House at 7:30 P.M. in Charlottes- vill, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, and Henry Page. Also attending was Mr. Lloyd Wood. Those absent were: Mr. John Wright, Mr. William Perkins, and Mr. James Parks. The secretary established that a quorum was present. The minutes of July 6, 8, and 13, 1970 were approved as submitted. At this time the Chairman called for the public hearings. 1. ZMP-131. George L. Durham, Sr., to rezone 2.98 acres from A-1 Agricultural to RS-1 Residential. Located on Route 742. Property is described as County Tax Map 90, Parcel 27, Charlottesville Magisterial District. The staff read his report elaborating on the location of the property in relation to the forthcoming Comprehensive Plan and recommended approval. After a general discussion, Mr. Carr made the following motion seconded by Mr. Maupin that ZMP-131 be approved as submitted in keeping with the staff's report. 2. ZMP-132. Pauline Hartman, to rezone 2.0 acres from A-1 Agricultural to RS-1 Residential, located on Route 616 at the intersection of Route 685. Described as County Tax Map 80, Parcel 129. Rivanna Magisterial District. The staff read his report relating the subject property to the forthcoming Comprehensive Plan and its compliance thereto. After a general discussion, Judge Amato made the following motion seconded by Mr. Page that ZMP-132 be approved as submitted in keeping with the staffs report. 3. ZMP-133. Victoria H. Burton, to rezone 26.20 acres from A-1 Agricultural to R-1 Residential, located 0.2 miles east of the intersection of State Routes 649 and 606 and the Albemarle -Charlottesville Page 387 Airport and immediately south of Deerwood Subdivision, Rivanna Magisterial District. The staff read his report stating the history of this particular subdivision and noting his concern for the location of residential development adjacent to the airport. He noted the forthcoming studies which would involve the airport and adjacent areas. The studies being the Compre- hensive Plan and the Advance Planning and Engineering Study pending funding by the Federal Government for the airport facility itself. Mr. Bill Singleton and Mrs. Vicky Burton represented the petition stating that 40 lots had been sold within Sections 1 and 2 and only 19 lots remained and that it was time now to consider development of the Deerwood Subdivision. Numerous people and residents within Deerwood appeared in favor of the rezoning. They all stated that they were not concerned with the noise of airplanes and could not find the noise detriment within Deerwood. After a lengthy discussion, Mr. Maupin made the follow- ing motion seconded by Judge Amato that ZMP-133 be approved as submitted. The Chairman called for a roll call vote. The results were as follows: Amato, yes; Carr, no; Catlin, no; Maupin, yes; Page, no. The motion failed by a 3 to 2 vote. 4. Use Permit 70-02. John B. Moore. Applicant has petitioned the Board of Supervisors to amend the permitted use section of Article 6-1, Business B-1 District of the County Zoning Ordinance to include "Mobile Homes and Travel Trailer Sales and Service." The staff read his report, a lengthy discussion follow- ed by the Commission. The discussion involved the forth- coming Commission's Committee charged with evaluation of the existing B-1 and M-1 zones and the establishment of a second commercial zone. After the discussion, Mr. Carr made the following motion seconded by Judge Amato that mobile homes and travel trailer ' sales and service be permitted in the B-1 zone with a Page 388 Special Use Permit. The motion carried unanimously. 5. SP-57. Deborah Crenshaw. Applicant has petitioned the Board of Supervisors to locate a permanent mobile home on 5.0 acres in the Rose Hill Community off of Route 53. Described as County Tax Map 93, Parcel 11A. Scottsville Magisterial District. The staff read his report after which Mr, Maupin made the following motion seconded by Mr. Page that SP-57 be approved subject to the Health Department approval for septic system and a 30 foot setback from the access road. 6. SP-143. Everette Sanner. Applicant has petitioned the Board of Supervisors to locate a general garage on 3.62 acres located in the Earlysville area on Route 743. Described as County Tax Map 31, Parcel 38-10. Rivanna Magisterial District. The staff presented his report stating that the violation had occurred in locating the public garage. Mr. Sanner was attempting to correct the violation by making the proper application. If the application is approved, Mr. Sanner would be required to remove one bay fronting on Route 743 to meet the minimum setback requirements. Mr. Miller was present who represented Mr. Sanner in this matter. Numerous people appeared in opposition including'Dr. John Huckle representing himself and Mr. Allen Kindrick and Mr. Godine and Mr. DeHoge. Dr. Huckle presented information regarding the deed restrictions on the property which restricts any development to residential or agricultural purposes. After a lengthy discussion, Judge Amato made the follow- ing motion, seconded by Mr. Page that SP-143 be denied. The motion carried unanimously. In denying the application, the Planning Commission found the location of a public garage (body shop) at this location to be incompatible particularly in view of the objectives of the Comprehensive Plan for the Earlysville area. 7. SP-145. W. W. Spradlin. Applicant has petitioned the Board of Supervisors to locate a shooting range on 10.0 acres located on Route 708, 2 miles east of Blenheim, Virginia. Described as Tax Map 114, Parcel 57A. Scottsville Magisterial District. Page 389 The staff presented his report, after which Mr. Spradlin stated that a shooting range in essence would be a turkey shoot and that no rifles would be used, only shot guns. After a discussion, Mr. Carr made the following motion, seconded by Judge Amato that SP-145 be approved subject to the following conditions: (A) That the permit be granted for one year which is to be renewed by the Zoning Administrator if it is found that the turkey shoot is being operated properly and safely, (B) That shot guns only are to be used in the conduct of the activity. The motion carried unanimously. 8. CU-143. City of Charlottesville. Applicant has petitioned the Albemarle County Board of Supervisors to extend a transmission gas pipe line to serve Four Seasons Planned Community from existing facility on Route 29 North to Berkeley Subdivision and through the Berkeley area to Four Seasons Community. Charlottesville Magisterial District. The staff presented his report, after which Mr. Clyde Gouldman presented his City's petition. It was noted by Mr. Gouldman that although the line was primarily established by the need of Four Seasons Planned Development that people along the way would be afforded the opportunity to connect to the line up to the capacity of the line. The line was sized to cater to approximately 1200 units. After a discussion, Mr. Carr made the following motion seconded by Mr. Page that CU-143 be approved as submitted. SITE PLANS: A. Sperry Rand, Inc., Warehouse. Addition to existing facility. The site plan was deferred until the August 17, 1970 meeting by reason of Mr. Carr's excusing himself from discussion on the plan due to possible conflict of interest. Mr. Carr's absence did not leave sufficient membership for a quorum to conduct business. B. Sherwood Manor Townhouses. Mr. Humphrey presented his report, after which Mr. Morris Foster presented the proposed plan for Sherwood Manor and Section 2's relationship to that plan. After a general Page 390 discussion by the Commission, Mr. Carr made the following motion, seconded by Judge Amato that the site plan of Sherwood Manor, Section 2, containing 13.13 acres be approved under the Townhouse Ordinance with the following conditions: (1) That the existance of the City's water trunk line where it traverses the jurisdiction of the County be approved under the provision as setforth under the Zoning Ordinance by the Board of Supervisors. (2) That an up-to-date communication from the City be provided that committements had been given by the City to Sherwood Manor, (3) That a copy of the required Home Owner's Association Agreement be submitted to the Planning Office for review and approved stating provisions for maintenance of streets and open space within the proposed development. It was noted that all requirements of the Townhouse Ordinance have been met. The motion carried unanimously. C. Proposed Mobile Homes Sales Lot (subject to approval of amendment to the permitted use section of B-1 zone.) The site plan was tabled by reason of the Planning Commission's action requiring a Special Use Permit. D. Sherwood Hall Mobile Homes Sales Lot, located on Route 29 North, just north of the Electronics Concepts, Inc.. After a general discussion, the Commission authorized the Administrator to grant administrative approval of the site plan with the following conditions: (A) that the site plan be reviewed by the County Engineer for proper drainage conditions and connections to existing County sewer and (B) provided that this activity which is to be located on Parcel B-1 of a plat of Huffman -Foster and Associates, dated August 3, 1970, uses the common entrance to Route 29 North located on Parcel B-2 of said plat. Said common entrance being parallel and on the existing entrance into Electronic Concepts, Inc., thereby establishing a service drive to serve Parcels B-1 and B-2. Page 391 PLATS FOR PLANNING COMMISSION APPROVAL: 1. Plat showing a resurvey and division of Elkcar Inc., property in "Elkin Acres" on State Route 631. The plat as mentioned above is before the Commission for approval by virtue of it being involved in the Charlottes- ville -Albemarle Major Thoroughfare Plan as it relates to State Route 631 and the improvements thereto. After a general discussion, Mr. Carr made the follow- ing motion seconded by Mr. Page that a building line be established on Parcel B of the above mentioned plat, dated August 10, 1970, 90 feet from the center line of the existing State Route 631. Said building line was found to be in keeping with the existing structure which is located on Parcel 8 of said plat. The motion carried unanimously. At this time the staff presented his report and recommendation regarding an application for financial assistance to develop Chris Greene Lake and Mint Springs for recreational purposes. After a general discussion by the Commission, Mr. Carr made the following motion seconded by Judge Amato that the Albemarle County Planning Commission recommend to the Board of Supervisors to proceed with an application for a grant from the Virginia Outdoor Recreation Commission to assist Albemarle County in developing, for recreational purposes, the Chris Greene and Mint Springs water impoundment sites. The Commission has found the two proposals in keeping with the objectives of the forthcoming Comprehensive Plan as it relates to recreational facilities within the County. The motion carried unanimously, by those members present. PLATS APPROVED ADMINISTRATIVELY: By Frank A. Gregg, C.L.S.: I. Plat showing 2.06 acres located on Route 20 in the Scottsville Magisterial District and shown on Tax Map 112, being part of Parcel 9, owned by Harriet S. Reynolds. 0 Page 392 2. Plat showing Lot lA to be added to Lot 1, Merridale Subdivision. There being no further business, the meeting was adjourned. ecretary M Page 393 AUGUST 175, 1970 The Albemarle County Planning Commission met on August 17, 1970 in the County Board of Supervisors meeting room at 7:30 P.M. in the County Office Building, Charlottes- ville, Virginia. Present were: David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, James Parks, Henry Page and William Perkins. Absent were: Avery Catlin, Chairman; and Mr. John Wright. The secretary established that a quorum was present. The minutes of August 10, 1970 were approved as submitted. 1. SP-61. George Maze. Applicant wishes to locate a permanent mobile home on 5.0 acres located on Route 600 in the Watts Area. Property is described as Tax Map 33, Parcel 34(3). Rivanna Magisterial District. The staff presented his report after which Mr, Maupin made the following motion, seconded by Mr. Amato that SP-61 be approved as submitted subject to Health Department requirements for septic system. At this time, Mr. Carr, acting as Chairman in the absence of Dr. Catlin, excused himself from the discussion of the site plan of Sperry Rand, Inc.. Mr. Perkins assumed the Chairmanship. The staff presented the site plan stating its compliance with the Zoning Ordinance and suggested approval of the warehouse facility subject to review by the County Engineer for proper drainage. After a discussion, Judge Amato made the following motion, seconded by Mr. Maupin, that the site plan of Sperry Rand, Inc., be approved in keeping with the staff's recommendations. At this time, Mr. Carr returned to the Chairmanship and discussion was held on Cavalier Home Sales, Inc,. It was ascertained that the site plan could not be heard due to the fact that a special hearing must be conducted under the Special Permit provisions of the County Zoning Ordinance. Page 394 Mr. Saunders, representing Cavalier Home Sales was informed of this at the meeting. *404 There being no further business, the meeting was adjourned. Secretary Page 395 September 8, 1970 The Albemarle County Planning Commission met on September 8, 1970 in the County Court House at 7:30 P.M., Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, James Parks, Henry Page, William Perkins, and John Wright. Also attending was Mr. Lloyd Wood. Mr. Savory Amato was absent. The secretary established that a quorum was present. The minutes of August 17, 1970 were approved as submitted. 1. ZMP-135. James Crenshaw to rezone 0.47 acres from B-1 Business to A-1 Agricultural. Property is located in the northeast quadrant of the interchange of I-64 and Route 250 East and fronts on an access road. Property is described as County Tax Map 78, Parcel 43. Rivanna Magisterial District. The staff presented his report elaborating on the present zoning violation and that the reason for the requested rezoning was to enable the present mobile home to remain on the subject property. Mr. Bernard Chamberlain, attorney, representing Mr. Crenshaw presented the case for rezoning, stating that the present occupants of the property were not aware of the zoning requirements for the location of mobile homes and that the applicants were not informed by National Coach Sales of the County requirements. Mr. Crenshaw also appeared, and spoke regarding the rezoning and the violation. Mr. James Swift, adjacent property owner, spoke in favor of the rezoning as did Mr. Hamilton Anderson, adjacent property owner. A lengthy discussion followed, after which Mr. Perkins made the following motion seconded by Mr. Maupin that ZMP-135 be tabled without action and that the staff review all facets available to remedy the situation regarding the Page 396 present violation and to hold all action pending in regards to the subject. The motion carried unanimously. Mr. Carr stated that the County should take the appropriate action in informing National Coach Sales of their violation. The consensus of the Planning Commission was that this be done. 2. SP-64. Charles A. and Robert Baber. Applicant has petitioned the Board of Supervisors to locate a general store and public garage on 2.0 acres at the intersection of Routes 626 and 602 in Howardsville. Described as County Tax Map 139A, Parcel 12. Scottsville Magisterial District. The staff presented his report, after which Mr. Baber presented his petition. A general discussion followed, during which the Commission showed their concern for proper setback along Route 602 relating to the proposed structure. After the discussion, Mr. Wright made the following motion seconded by Mr. Carr that SP-64 be approved subject to the filing of a plot plan to the Zoning Administrator to determine proper zoning requirements and that if it is found that additional setback can be obtained that the Zoning Administrator shall establish the setback beyond the minimum 30 foot requirements. The motion carried unanimously. 3. SP-67. Cavalier Home Sales, Inc.. Applicant has petitioned the Board of Supervisors to locate a facility to manufacture wood modular unit dwellings on 2+ acres, located on Route 29 North across from "Camelot" Subdivision. Described as Tax Map 32, Parcel 5, part thereof. Rivanna Magisterial District. The staff presented his report. No one was present to represent Cavalier Home Sales, Inc.. After a general discussion, the site plan and Special moo Use Permit 67 were approved in keeping withthe staff's report,upon motion by Mr. Maupin, seconded by Mr. Carr. The staff's recommendations are as follows: (a) Storm drainage facilities in keeping with the County Engineer's recommendations, (b) the facility utilizing the common entrance, Page 397 as shown, with E.C.I.., (c) that all utilities be placed in an easement paralleling Route 29 North and adjacent thereto. 4. SP-59. John A. Huber. Applicant has petitioned the Board of Supervisors to locate a permanent mobile home on 10.63 acres located on Route 615 in the Lindsay area. Described as County Tax Map 51, Parcel 16H and 16I. Rivanna Magisterial District. After a general discussion, Mr. Maupin made the follow- ing motion, seconded by Mr. Page that SP-59 be approved subject to 50 foot setback from right of way and Health Department approval for septic system. The motion carried unanimously. 5. SP-60. Samuel B. Gentry. Applicant has petitioned the Board of Supervisors to locate a permanent mobile home on 4.7 acres located on Route 6 in the Schuyler area. Described as County Tax Map 127, Parcel 12 (a part thereof). Scottsville Magisterial District. The staff presented his report, after which Mr. Carr made the following motion seconded by Mr. Maupin that SP-60 be approved subject to a 50 foot setback from the right of way and Health Department approval for septic system. The motion carried unanimously. 6. SP-62. Roy Pendleton, Jr.. Applicant has petitioned the Board of Supervisors to locate a permanent mobile home on 1.68 acres located on Route 648 (Chimney Corner Road). Described as County Tax Map 80, Parcel 185C. Rivanna Magisterial District. At this time, Mr. Perkins excused himself from the proceedings of the public hearing relating to SP-62 because of a possible conflict. The staff presented his report, after which Mr. Roy Pendleton, applicant, presented his petition for the location 164W of a mobile home. There was opposition, represented by Mr. Coswell, owner of property directly across from the application, who presented a petition in opposition signed by property owners in the area. Mr. Jack Marzano, resident of the general area, spoke in favor of mobile homes in general, stating there was a need for mobile homes on a limited basis and that they were Page 398 good interim dwelling units until such time conventional dwellings could be constructed. After a general discussion, Mr. Carr made the following motion, seconded by Mr. Page that SP-62 be deferred until the September 14, 1970 meeting in order that a committee may review the site. The motion carried unanimously. The Chairman appointed Mr. Carr, Mr. Page and Mr. Wright to review the site and report back. 7. SP-65. Andrew Woodson. Applicant has petitioned the Board of Supervisors to locate a permanent mobile home on 1.0 acres in North Garden on Route 712. Described as County Tax Map 99, Parcel 67. Samuel Miller District. The staff presented his report, after which Mr. Woodson presented his petition. A general discussion followed, after which Mr. Carr made the following motion, seconded by Mr. Page that SP-65 be approved subject to a 50 foot setback from right of way and Health Department approval for septic system and that the existing dwelling now located on the property be removed from the premises on or before June 1, 1971. The motion carried unanimously. SITE PLANS A. Georgetown Square Townhouse Apartments. The staff presented his report, elaborating on a proposed development as it relates to the adopted Albemarle - Charlottesville Thoroughfare Plan. The staff also stated that the site plan showed compliance with the zoning require- ments and had been reviewed by the County Engineer who found it in order. After a general discussion, the site plan of Georgetown Square Townhouse apartments of 34 units was approved as Milo submitted unanimously. B. North Garden Volunteer Fire Company The staff presented his report stating the site plan was in order. After which the Commission, after a discussion, unanimously approved the site plan of North Garden Volunteer Fire Company. Page 399 PRELIMINARY PLATS A. John M. Embree - requests a restricted (private) road to serve three lots. The staff made a short presentation regarding the request for a restricted road to serve three lots. Mr. Embree then presented his case. After a very lengthy discussion, the Planning Commission suggested that Mr. Embree re-evaluate his lot arrangement and resubmit a preliminary plat. B. Spring Hill Estates - Dr. Sven 0. E. Ebbesson requests the granting of a restricted road serving 12 lots. Dr. Ebbesson requests the granting of a restricted road to serve 12 lots. Mr. William Roudabush, Engineer, presented the case for the restricted road. After a discussion the Commission instructed Mr. Roudabush to resubmit the preliminary with additional information relating to deed restrictions at the next regular meeting, September 14, 1970. There being no further business, the meeting was adjourned. Secretary Page 400 September 14, 1970 The Albemarle County Planning Commission met on September 14, 1970 in the County Court House at 7:30 P.M., Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, James Parks, William Perkins, and John Wright. Also attending was Mr. T. M. Batchelor. Mr. Savory Amato and Henry Page were absent, The secretary established that a quorum was present. 1. SP-62. Roy Pendleton, Jr.. Applicant has petitioned the Board of Supervisors to locate a permanent mobile home on 1.68 acres located on Route 648 (Chimney Corner Road). Described as County Tax Map 80, Parcel 185C. Rivanna Magisterial District. n The public hearing having been concluded at the September 8, 1970 meeting, the Chairman asked for a report from the three member committee appointed to review the site of Mr. Pendleton's requested mobile home. Mr. John Wright reported to the full Commission that after having reviewed the land in question and having communicated with several people in the immediate and adjoining area, the committee recommends that SP-62 be denied on the basis of not being compatible with development of adjacent property and not in keeping with the character of the immediate area. At this time Mr. William Perkins asked to be excused from the proceedings of this public hearing on the basis of a possible conflict. The motion of Mr. Wright was seconded by Mr. Carr. The motion carried by a 5-0-1 vote. SUBDIVISION PLATS: A. The Planning Commission unanimously approved a I wo plat dated September 2, 1970 by Thomas D. Blue of a survey of an additional strip of the Weldon property which is to be added to the existing 30' width (Durrett) private road to give the road a total width of 601, located north of State Route 677 and adjoining Farmington. Page 401 B. A preliminary of Clearview Knolls with 15 lots of two acres or more just off Route 660. The Commission approved the preliminary with the following conditions that Hickory Drive be shown to extend to the:common property line with Agnes Fotta and dedicated and that Hickory Drive be improved to a point within 175 feet of said property line r terminating with a temporary cul-de-sac. COMMITTEE REPORT Mr. John Wright, member of the committee appointed to investigate a possible new commercial zone gave the committee's final report regarding the matter. After a lengthy discussion, the committee report was referred to the staff for finalizing including proper mapping relating to the two commercial zones. A general discussion was held by the Commission relating to the enforcement of the Zoning Ordinance once it leaves the Zoning Administrator's office and is forwarded on to the Commonwealth's Attorney's office for processing. 1�%w It was the consensus of the Commission that a resolution be sent to the Board of Supervisors stating the Commissions concern of total enforcement of the Zoning Ordinance. Chairman, Dr. Catlin and Mr. John Humphrey were to prepare the proper resolution. There being no further business, the meeting was adjourned. ecretary Page 402 OCTOBER 5, 1970 The Albemarle County Planning Commission met on October 5, 1970 in the County Court House at 7:30 P.M., Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, James Parks, Henry Page, William Perkins, John Wright, and Savory Amato. Also attending were Mr. Lloyd Wood and Mr. T. M. Batchelor, Jr.. The secretary established that a quorum was present. The minutes of September 8, and 14, 1970 were approved as submitted. At this time the Chairman called for the public hearings. 1. ZMP-137. Forrest A. and Raymond R. Phillips have petitioned the Board of Supervisors to rezone from B-1 Business to M-1 Industrial, Limited District, land located on Route 631, just west of Route 29 North, containing 1.22 acres. Property is described as County Tax Map 61, Parcels 120B and 120 C. Charlottesville Magisterial District. The staff presented his report which recommended approval. After which, Mr. Raymond Phillips presented his petition for the rezoning, elaborating on the request. After a general discussion, Mr. Carr made the following motion, seconded by Mr. Maupin that ZMP-137 be approved in keeping with the staff's report. The motion carried unanimously. 2. ZMP-139. Margaret Garms has petitioned the Board of Supervisors to rezone, from RS-1 Residential to R-2 Residential, land located just north of State Route 1204, containing 1.5 acres in the Crozet area. Property is described as County Tax Map 56, Parcel 52, White Hall Magisterial District. The staff presented his report recommending denial of the application. No one appeared to represent the applicant. After a general discussion, Mr. Perkins made the follow- ing motion, seconded by Mr. Carr that ZMP-139 be denied in keeping with the staff's report. The motion carried unanimously. M, n Page 403 09 M 3. SP-67. George Fisher has petitioned the Board of Supervisors for a Special Permit to locate a permanent mobile home on 77.6 acres in an A-1 Agricultural zone located off of Route 29 South in the Covesville area. Property is described as County Tax Map 88, Parcel 26. Samuel Miller District. The staff presented his report after which Mr. Fisher presented his petition. After a general discussion, Mr. Wright made the follow- ing motion, seconded by Mr. Page that SP-67 be approved conditioned upon a 50 foot minimum setback from the right of way of Route 743, Health Department approval for septic system and that this permit is considered temporary in nature to be reviewed annually by the Zoning Administrator and approved administratively each year thereafter. The motion carried unanimously. 4. SP-68. James C. Weeks has petitioned the Board of Supervisors for a Special Permit to locate a permanent mobile home, being previously a temporary mobile home located on 2.0 acres, fronting on Route 53. Property is described as County Tax Map 92, Parcel 55(3). Scottsville Magisterial District. The staff presented his report, stating that the appli- cation of Mr. Weeks was before them by virtue of the lapsing of the originally approved temporary permit. Mr. Weeks presented the petition, after which a general discussion was held by the Planning Commission. A petition, signed by 18 property owners in the area, was filed with the Chairman in opposition to the request to make the mobile home a permanent facility. Representatives of the petition in opposition spoke. After a lengthy discussion, Mr. Perkins made the follow- ing motion, seconded by Mr. Page that SP-68, as petitioned, be denied as not being in keeping with the existing develop- ment in the area and that the applicant be granted an extension of six months from the time of approval by the Board. The applicant can still start construction of a permanent standard dwelling within the six months; however, if said Page 404 construction does not commence, then the mobile home is to be removed on or before the termination date of the six - months period. The motion carried unanimously. 5. SP-69. James E. Moore has petitioned the Board of Supervisors for a Special Permit to locate a permanent mobile home on land zoned A-1 Agricultural containing 91.25 acres, presently containing a mobile home by virtue of an Emergency Temporary Permit. Property is located on Route 20 South in the Scottsville area and described as County Tax Map 130, Parcel 2. Scottsville Magisterial District. The staff presented his report, after which Mr. Moore presented his petition. It was noted by the Commission that this was a permit issued under the emergency clause of the Zoning Ordinance due to the August, 1969 James River Flood. After a general discussion, Mr. Maupin made the follow- ing motion, seconded by Judge Amato that SP-69 be approved as a permanent facility and as now located on the property and subject to annual review with administrative approval annually. The motion carried unanimously. 6. SP-70. Horace Garth has petitioned the Board of Supervisors to permit a two-family dwelling on 9.421 acres located in an A-1 Agricultural zone and fronting on Route 658, west of Route 601. Described as County Tax Map 44, Parcel 33C. Ivy Magisterial District. The staff presented his report, after which Mr. Garth presented his petition. It was noted that information reported by the staff was incorrect and that Mr. Garth intended to re -do the existing dwelling to accommodate two families. After a general discussion, Mr. Perkins made the follow- ing motion, seconded by Mr. Maupin that SP-70 be approved subject to Health Department approval for septic system. The motion carried unanimously. 7. SP-71. Cecil W. Gribble has petitioned the Board of Supervisors to permit the location of a mobile home, which is to be joined to an existing mobile home to form one unit on property zoned A-1 Agricultural and containing 5.0 acres. Property is located on Route 618 and is described as County Tax Map 115, Parcel 47. Scottsville Magisterial District. In Page 405 The staff presented his report, stating Mr. Gribble wished to join two mobile homes together and to enclose the two under one roof. Mr. Gribble presented his petition, after which a general discussion was held by the Commission. At the termination of which Mr. Perkins made the following motion, seconded by Mr. Wright that SP-71 be approved subject to the two units being attached with adjoining door and enclosed by an overhead roof providing the same family under which this permit is requested resides within the joint unit. This permit is to be considered a temporary permit and is to be reviewed annually by the Zoning Administrator for compliance with conditions. The motion carried unanimously. 8. Use Permit 70-03. The Tandem School. Applicant wishes to amend the Permitted Use section of the Albemarle County Zoning Ordinance to allow "educational institutions" in a B-1 Business zone. This is allowed under Section 11-3-4 of the Albemarle County Zoning Ordinance. The staff presented his report, which stated that the Planning Commission could consider the inclusion within the B-1 zone provided "educational institutions" be allowed with a Special Permit. After a general discussion by the Commission, Mr. Perkins made the following motion seconded by Mr. Carr that Use Permit 03 be approved in keeping with the suggestion as presented by the Planning staff and as noted above. The motion carried unanimously. 9. ZMP-138. 0. J. Langford, Robert F. Howard, Gladys Howard, owners and General Electric Company, Con- tract Purchasers have petitioned the Board of Supervisors to rezone, from A-1 Agricultural to M-1 Indistrial, Limited, District, 220.74 acres. Property is located in the northwest quadrant of Interstate 64 interchange with State Route 637, having frontage on Route 637 and an access road paralleling I-64. Property is described as County Tax Map 74-14, a part thereof and Map 74-15. Ivy Magisterial District. Page 406 The staff at this time presented a preliminary Land Use Plan for the Ivy Community Cluster as presently being „ prepared by Mr. Rosser Payne, Planning Consultant, who is presently developing the overall County Comprehensive Plan under a 701 Planning Grant. The staff noted that the I-64 interchange with Route 637, north of 64 was suggested for research and development and highway orientated commercial -type activities. At this time, the Chairman opened the public hearing and Mr. William Battle, attorney, representing property owners and Contract Purchasers of the subject land, presented the petition. Mr. John D. DeMoll, Architect and Engineer for G.E., presented sketches of the proposed complex and renderings of the buildings. Mr. Battle also spoke on environmental productions and plans to solve water and sewer problems that already exists in the area and which, of course, would serve G.E., and the means of financing said utilities. At the completion of Mr. Battle's presentation, the Chairman opened the public hearing to the public. Those that spoke in opposition were Arthur F. MacConochie, William M. Colony, Mrs. Jane Heyward and Sen. Harry Michael, who represented citizens in the Ivy Valley and filed a petition in opposition. It should be noted that Mr. Battle, attorney, also filed a petition in favor. Those speaking in favor were Mr. Furman Cliett, representing the Chamber of Commerce; Walter A. Young, Dr. F. A. Iachetta; and Mr. Louis L. Scribner, the Economic Industrial Commission. It was noted that a total of 21 citizensspoke both pro and con on the proposal to rezone the subject property. w,r It should be noted that the Chairman, Dr. Catlin, stated at the commencement of the public hearing, that action would not be taken at this meeting but the public hearing would be concluded later. The petition as requested would come up at the next meeting, October 12, 1970., Page 407 At this time Mr. Carr made the following motion, seconded 1*4W by Mr. Wright that action on ZMP-138 be deferred until the next meeting which is to be heard on October 12, 1970. It was noted that Mr. William Perkins excused himself from the meeting prior to the discussion on the ZMP-138. There being no further business, the meeting was adjourned. ecretary Page 408 OCTOBER 7, 1970 I A work session was held by the Albemarle County Planning Commission on October 7, 1970 at 7:30 P.M. in the County Board of Supervisors meeting room. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; James Parks, William Perkins, Savory Amato. ,,0 Also attending was Mr. Lloyd Wood. Absent were: Mr. John Wright, Mr. Henry Page and Mr. Cecil Maupin. A quorum was established. This was a work session called to discuss a new industrial zone to be drafted in accordance with the objectives of the forthcoming Comprehensive Plan and catering to campus - type industries. At the conclusion of the work session, the staff was instructed to amend the preliminary work draft as presented to include in it the suggestions of the Commission as set forth in this meeting and that a further work session would be held on October 14, 1970 to discuss the disposition of the new industrial zone. There being no further business, the meeting was adjourned. ecretary Page 409 OCTOBER 12, 1970 The Albemarle County Planning Commission met on October 12, 1970 in the County Court House at 7:30 P.M. Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, James Parks, John Wright, Savory Amato and Henry Page. Also attending was Mr. Lloyd Wood. The secretary established that a quorum was present. At this time the Chairman instructed the public that the Commission would consider ZMP-138 first instead of thesuggested listing as shown on the agenda. 1. ZMP-138. 0. J. Langford, Robert F. Howard, Gladys Howard, owners and General Electric Company, Con- tract Purchasers have petitioned the Board of Supervisors to rezone, from A-1 Agricultural to M-1 Industrial, Limited, District, 220.74 acres. Property is located in the northwest quadrant of Interstate 64 interchange with State Route 637, having frontage on Route 637 and an access road paralleling I-64. Property is described as County Tax Map 74-14, a part thereof and Map 74-15. Ivy Magisterial District. The public hearing having been concluded on October 5, 1970, the subject zoning petition is before the Commission for action. The Chairman instructed the secretary to proceed with the staff report, after which a very lengthy discussion followed with each member of the Commission explaining his position in relation to the zoning requests. Mr. Maupin moved approval of the M-1 zone with the understanding that the property would be rezoned at a later date to RT-M zone which is presently under consideration. A discussion followed, after which Judge Amato suggested a substitute motion that ZMP-138 be granted as requested with no additional wording. Mr. Parks seconded the motion. Mr. Maupin withdrew his motion at this time. Page 410 The Chairman opened the motion for discussion. Mr. 10 W11 Wright spoke in opposition to the M-1 zoning as it now exists and in accomplishing the proposed use. He stated he did so because the preliminary work being done on a more desirable zoning classification which he felt should be placed on the property as requested. He felt that overall planning should be accomplished and that the petition should be delayed until a study was available relating to the impact of the I-64 corridor in Albemarle County. He again reiterated that he was not in opposition to the use but the mechanics available to allow the use was not in his opinion in the best interests of the County. Mr. Parks at this time spoke stating that it was his opinion that G.E. had filed under the present laws and should be considered under said laws, and that he planned to vote in favor. Mr. Carr spoke on planning in general, the County as well as the Ivy area and he was of the opinion that the agreement entered into by the G.E. Company and the owners of the subject property was binding enough to permit it in the M-1 zone at this time and the assurances given by the applicant that they would accept RT-M zoning when available was sufficient in his opinion. Mr. Page spoke along the lines presented by Mr. Wright. Mr. Catlin spoke on the objectives of the forthcoming plan stating that he felt the use was appropriate for the area but had some reservations on the approach in permitting the proposed use. He felt that a delay in action or allowing it to remain in the A-1 coupled with a statement to rezone at this time by the Board would be proper. Again he reiterated that he felt the use would fit in the Ivy area. The discussion of the motion having been concluded, the Chairman called for a roll call vote on the motion to grant M-1. The results were as follows: for the motion to approve: Amato, Parks, Carr, and Maupin, - against the motion to grant M-1: Page, Catlin, and Wright. Page 411 'kww The motion carried by a 4 to 3 vote with one absent. At this time, Mr. William Perkins joined the meeting. Mr. T. M. Batchelor, County Executive also was in attendance at this time. 2. ZMP-141. Elkcar, Incorporated has petitioned the Board of Supervisors to rezone 4.352 acres from R-3 Residential to M-1 Industrial, Limited, District. Property is located on Route 631, west of Route 29 North and behind the Grassy Knoll Hatchery. Property is described as County Tax Map 45, Parcel 25C, a part thereof. Charlottesville Magisterial District. The staff presented his report, after which Mr. S. F. Carwile presented the case for the rezoning. He also presented evidence of having notified adjacent property owners and a paper signed by G. Benton Patterson and Daley Craig having no opposition to the rezoning. The only exception being that Mr. Craig would desire, under site plan approval that proper screening be provided to shield the property from residential development across Route 631. Mr. Fred Landess, attorney for Dr. Smith spoke in opposition to the request. Mr. Landess stated that in his opinion the property was more orientated to the R-3 zone than the M-1 by virtue of the lay of the land. After a general discussion, Mr. Carr made the following motion, seconded by Mr. Wright that ZMP-141 be referred to a committee for report back to the full Commission at the earliest time. The motion carried unanimously. 3. SP-66. George Cason. Applicant has petitioned the Board of Supervisors to locate an Ice Skating Rink, Boat Renting and Dance Pavillion on property described as Tax Map 45, Parcel 66, containing 2.2 acres in the Rivanna Magisterial District. Property is located on the south side of Route 643, west of Route 29 North and immediately below the Rivanna Reservoir Dam. Petition is made under Article 7-1-26 (B-1 Business zone) of the County Zoning Ordinance. The staff elaborated on the basis of the Boards' referral to the Commission, after which Mr. Cason and the Commission indulged in a discussion. At the conclusion Page 412 of the discussion, Mr. Carr made the following motion, seconded by Mr. Parks that action relating to SP-66 be deferred until such time that Mr. Cason has sufficient information regarding his proposed facilities. It was noted that no site plan was available to review making it impossible to discuss the requests intelligently. The motion carried by a majority with Mr. Perkins and Mr. Maupin abstaining. SITE PLANS 1. James Slosson. The staff presented the site plan showing a proposed addition to the Crozet Shopping Center located on Route 250. Some 6700 additional square feet is proposed for development. In addition to the existing facility, the staff stated that the site plan meets the minimum requirements to the zoning ordinance and would suggest as conditions of approval the following: (1) Health Department approval for septic systems, (2) Highway approval for entrances and exits, (3) the northern property line be provided with screening made up of four feet high white pine to buffer the rear of the commercial buildings from the residential development located to the north. Said screening to be sufficient to accomplish this objective. 2. Westfield Club Apartments, Phase II. The staff presented the site plan of Phase II, Westfield Club Apartments containing 78 units stating that the develop- ment meets the minimum requirements of the zoning ordinance. A lengthy discussion followed after which Mr. Carr made the following motion that the site plan of Westfield Club Apartments, Phase II be approved as submitted with the following conditions: (1) that the County Engineer review the plans for providing storm water drainage, (2) that the Soil Conservation Service be consulted regarding conservation measures while the construction of the facility takes place and that said recommendations be adhered to, (3) that no Certificate of Occupancy is to be issued on Phase II, M Page 413 Westfield Club Apartments until Peyton Drive has been approved for acceptance for the State Highway system. The motion carried unanimously. The Planning Commission noted that a written agreement from the City to provide sewer and water services to the facility had been received by the secretary. PLATS FOR PLANNING COMMISSION APPROVAL 1. The staff presented the plat of Weblin being property of Aisle M. Preston proposing the subdivision of parcels of land into 7 lots with a road which is to be sub -standard to Virginia Department of Highway specifications. After a very lengthy discussion, the Commission instructed the secretary to communicate with the County Engineer to assist Mrs. Preston in determing the cost of providing a road to be included into the State secondary system and to ascertain whether or not Weblin Drive can be extended to the eastern property line of the subject property. It was the consensus of the Commission that this be done. 2. At this time the secretary presented a preliminary sketch of the proposed division of property of Mr. J. W. Garth. Mr. Garth was requesting a waiver of the 50 foot restricted road requirements of 30 feet thereby establishing a 20 foot restricted road to serve a subdivision of 4 lots. After a discussion, it was the consensus of the Commission that Mr. Garth be informed that the Commission would require that the 50 foot right of way for the restricts(road be adhered to as it relates to this preliminary subdivision and that no waiver would be granted. 3. At this time the staff presented an amendment to a previously approved portion of Four Seasons known as Blocks "DD - MM", Patio House Section. The staff informed the Commission that the City's review was requiring Mr. Daley Craig to extend Lake Forest Drive as shown on a plat dated August 28, 1970 extending to his property line on the northeast. Page 414 The staff informed the Commission that to extend this road as being required by the City would be against the principals of the Planned Community Concept as established in the Albemarle County Zoning Ordinance and would defeat the purpose of providing a self-contained Planned Resi- dential Community, and that it appears that the City has no subdivision review control by virtue of the City not following the provisions of the State Code in obtaining said review. The staff recommends that the extension as shown and as mentioned above not be approved as an amendment to the original approval of the Commission. The motion carried unanimously. PLATS APPROVED ADMINISTRATIVELY: By Thomas D. Blue, C.L.S.: A. Plat showing a resurvey and division of Elkcar Inc., property in "Elkin Acres" on State Route 631, dated 8-10-70. B. Plat showing a survey of Lot "X", being a portion of the undeveloped part of "Key West" which is to be added to Lot 12, Block "F" of "Key West" in Albemarle County dated 7-27-70. C. Plat showing a survey of a 2.0 acre portion of the C. E. McMurdo property on Stony Point Road (State Route 20), dated 9-10-70. D. Plat showing a survey of a 2.00 acre parcel being a portion of the Roy Thomas Banks property located on State Route 674 near White Hall, dated 9-3-70. E. Plat showing Lots 6, 7, a division of the Spears, (John L.) property south of Claudius Crozet Park near Crozet, dated 9-8-70. By William S. Roudabush, Jr., C.L.S.: A. Plat showing a division of Parcel A into Lots 1 and 2 each containing 2.886 acres located on State Route 600 near Watts for Annette M. Harlow, dated 8-19-70. B. Plat showing 2.82 acres, a portion of a 12.97 acre tract on Route 29 North owned by Charlottesville Realty Corp. dated 9-1-70. Page 415 By Warren F. Wade, C.L.S.: A. Plat of 0.31 acres tract east of State Route 680 3 miles south of White Hall for Ernest Thurston, dated 9-7-70. B. Plat of 2.35 acre tract on State Route 633, 1 mile east of Route 29 near Covesville. A portion of Jerry Dowell Estate, dated 9-5-70. By Wm. Morris Foster, C.L.S.: A. Plat showing survey of Parcel C, a portion of the L. C. Walton property on the south side of Route 631, dated June 23, 1970. By Frank A. Gregg, C.L.S.: A. Plat showing 1.90 acres, located off Route 668, in White Hall for Willie E. Monger, dated 9-19-70. By Wm. S. Roudabush, Jr., C.L.S.: Plat showing Patio House Section, Blocks AA thru CC "Four Seasons" part of a Planned Unit Development. By John C. Mackie, C.L.S.: A. Plat of Parcels A-1 and A-4 a redivision of tracts recorded in D.B. 415-506 and D.B. 368-203 fronting on U.S. Route 250 and State Route 736 in Ivy for 0. R. Randolph Estate. There being no further business, the meeting was adjourned. Secretary Page 416 OCTOBER 14, 1970 This was a work session to consider the third draft of the proposed research and technical manufacturing zone for possible inclusion within the Albemarle County Zoning Ordinance and for final action on ZMP-141. Present were: Avery Catlin, Chairman; William Perkins, Henry Page, John Wright and James Parks. Also attending were Mr. Lloyd Wood and Mr. Barry Marshall, County Attorney. 1. ZMP-141. Elkcar, Incorporated has petitioned the Board of Supervisors to rezone 4.352 acres from R-3 Residential to M-1 Industrial, Limited, District. Property is located on Route 631, west of Route 29 North and behind the Grassy Knoll Hatchery. Property is described as County Tax Map 45, Parcel 25C, a part thereof. Charlottesville Magisterial District. R Upon motion by Mr. Carr, seconded by Mr. Parks, ZMP-141 was approved as submitted. The motion carried by unanimous vote of those members present. The Commission noted that after conducting a field survey of the proposed rezoning that , it was their opinion that the property was orientated to the existing M-1 and they further noted that under site plan control for any proposed development the Commission would consider proper screening on all sides of the property. 2. A general discussion was held on draft number 3 of the proposed R-TM zone including a legal opinion relating to different articles as proposed. Numerous additions were made to draft number three and the staff was instructed to prepare a final fourth draft for submission to the Board of Supervisors for their consideration and possible adoption as an amendment to the existing County Zoning Ordinance. lato The results of the work is found attached and made a part of these minutes. There being no further business, the meeting was adjourned. ecretary ARTICLE 7A. RESEARCH AND TECHNICAL MANUFACTURING, DISTRICT R-TM Statement of Intent The R-TM District is intended to permit, in accordance with the objectives of the Comprehensive Plan, the development of Cam us -type industries on parcels containing not less than fifty (M acres. Any application by a property owner for a rezoning to the R-TM zone shall be accompanied by a site and use development plan, prepared in accordance with Article 7A-11. If the County Board of Supervisors rezone any property to the R-TM zone, pursuant to Section 14-1-2 of this ordinance, such rezoning shall not be effective until a site and use development plan has been submitted by the property owner and approved by the Planning Commission and the Board of County Supervisors. 7A-1. USES PERMITTED In Research and Technical Manufacturing, District R-TM, structures to be erected or land to be used, shall be for one or more of the following uses: 7A-1-1. Research and Development establishments. 7A-1-2. Technical educal:ion. 7A-1-3. Research and technical manufacturing and the processing, fabrication, assembly and distribution of products such as computers, scientific instruments, communication and electronic equipment confined to "light" industrial products or components. 7A-1-4. Recreation service uses of a non-commercial nature, limited to those for use of employees whose work is done within the R-TM zone. 7A-1-5. Cafeterias and dining rooms serving employees of the on -site facility. 7A-1-6. Product sales areas for employees only, limited to four thousand (4,000) square feet. 7A-1-7. Signs, subject to Article 11-13 "Special Use Permits", provided that such signs, if illuminated, shall have no moving, intermittent or flashing display and shall contain no colored illumination; and shall be indirectly lighted. 7A-1-8. Accessory uses as defined. Page 28-A THE FOLLOWING USES ALLOWED WITH A SPECIAL USE PERMIT ONLY 7A-1-9(1). Construction facilities, temporary, in accordance with Article 16-21. 7A-1-9(2). Signs THE _F_OLLOWING USES ALLOWED WITH A CONDITIONAL USE PERMIT ONLY: 7A-1-10(1). Public Utilities: Public water, sewer and gas trans- missions; main or trunk lines and treatment facilities, pumping stations, electrical power transmissions and distribution substations and transmission lines and towers. 7A-1-10(2) Public Utilities: Oil and gas transmission pipelines and pumping stations, microwave and radiowave trans- mission and relay towers and substations. 7A-2. AREA REGULATIONS All permitted uses shall be located on a minimum lot size of fifty (50) acres. ' 7A-3. FRONTAGE Each R-TM zone shall have frontage on a public street or highway. 'No frontage on or access to local residential streets or highways as defined in the Albemarle County Subdivision Ordinance, shall be permitted. 7A-4. SETBACK REGULATIONS 7A-4-1. Building ine setback: for a main building fronting on a primary highway or on any other bounding highway or street, the building line shall be at a minimum distance of one hundred fifty (150) feet from the center line of the street and at least one hundred (100) feet from the front lot line; however, no building shall be located within three hundred (300) feet from the edge of right of way of any arterial or interstate highway. 7A-4-2. Side Yards: The minimum side yard width shall be fifty (50 feet except that a corner lot shall have the same side yard setback as provided in Article 7A-4-1; and provided further that if an adjoining lot, parcel or tract is in any residential or agricultural zone, the minimum side yard width shall be one hundred fifty (150) Page 28-B feet, and the one hundred (100) feet of width immediately liow adjoining such residential or agricultural land shall, as far as practicable, be left in its natural state and when necessary to supplement existing trees or other natural growth shall be screenplanted to provide a sight and sound barrier as a buffer strip. 7A-4-3. Rear Yards: The minimum rear yard shall be fifty T-5--) feet provided that when a lot adjoins along its rear line a residential or agricultural zone the minimum rear yard depth shall be one hundred fifty (150) feet and the one hundred (100) feet of depth immediately adjoining such residential or agricultural land shall be left in its natural state and where necessary to supplement existing trees or other natural growth shall be screenplanted to provide a sight and sound barrier as a buffer strip. 7A-5. ACCESSORY USE AND BUILDINGS The minimum front, side and rear yards established by Articles 7A-4-1, 7A-4-2, and 7A-4-3 shall not be encroached upon by any accessory building or use except by the approval of a Special Use Permit for such accessory use or building. 7A-6. USE REGULATIONS 7A-6-1. Uses permitted without a permit: uses for agricultural and forestry are authorized without a permit. 7A-7. SPECIAL EXCEPTIONS No uses are permitted as special exceptions. 7A-8. PROHIBITED USES All uses not permitted are specifically prohibited. 7A-9. ADDITIONAL MINIMUM REQUIREMENTS AND PERFORMANCE STANDARDS: �T ^�� 7A-9-1. Land to Buildinq_Ratios: 7A-9-1(1). Coveraae: The total area of land occupied by all main and accessory buildings or structures on any lot shall not exceed forty (40%) percent of the total area, exclusive of any area required as a buffer strip as provided for in 7A-4-1, 7A-4-2 and 7A-4-3. 7A-9-2(1). Height of Building_s and Structures: No building or structure shall exceed a height of forty - five (45) Page 28-C feet provided that such limitation shall not apply 1*4W, to chimneys, vents, bulkheads, air-conditioning facilities, radio and television antenna, towers required for scientific equipment, flagpoles, water towers and structures similar to the foregoing, which shall be subject to site plan control. 7A-9-2(2). Off-street parking facilities shall be provided in accordance with Article 11-7, or as may be justified at the time of site plan approval. 7A-9-2(3). Screeninq of Off -Street Parking Areas: Off-street parking areas shall, as far as practicable, be so designed and arranged as to be obscured from view (except for access points) from a bounding highway and to this end such areas shall have walls, fences or landscaping on the street side to provide a sight and sound barrier. All off-street parking and loading areas shall be surfaced with bituminous or other dust - free material in accordance with good engineering practice or as may be specified in the site and use development plan ordinance of Albemarle County, Virginia. 7A-9-2(4). Off -Street Truckloadinq Requirements: Off-street truckloading space shall be provided in accordance with Article 11-8-2 or as justified at the time of site and use plan approval. 7A-9-2(5). Screeni p of Off -Street Truckloadin_q: Off-street truckloading areas shall,_as far as practicable, be so designed and arranged as to be obscured from view (except for access points) from any bounding highway, and to this end such areas shall have a wall or fence (with necessary access openings) and landscaping. 7A-9-2(6). Outdoor Storage of Material: Outdoor storage of materials or finished products sha71 be screened from view from any adjoining property, highway or street, and none shall be permitted in any front yard nor in any side yard of a corner lot nor in any minimum side yard. Such storage of materials shall not occupy more than ten (10%) percent of the lot nor exceed a height of fifteen (15) feet. 7A-9-2(7). Rail Facilities: No trackage or railroad facilities of anyfkind shall be located on the street side of any building nor in any minimum side yard, but if located at the side of a building, the area devoted to such use shall be screened from view from any adjoining property, street or highway by a fence or wall and screenplanting. Page 28-D 7A-9-2(8). Building�Construction: All buildings erected on any lot and any additions or alterations thereto shall be of permanent construction. Designs intended primarily as advertising attractions shall be pro- hibited. 7A-9-2(9). Landscaping_ Except for necessary walks, driveways, and permitted front parking areas, all front and side yards on the street side of a building shall be planted in grass or other around cover and flowers, shrubs, trees and other plant material. Foundation planting and any planting used for screening purposes shall be evergreen. 7A-10. Performance Standards: No use shall hereafter be established or conducted in any R-TM zone in any manner in violation of the following standards of performance: 7A-10-1. Noise: All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency, or shrillness. In no case shall the sound -pressure level of noise radiated from any establishment, measured at the nearest lot line, exceed the values in any octave band of frequency set forth in Table I or in Table I as modified by the correction factors provided in Table II. The sound -pressure level shall be measured with a sound level meter and an octave band analyzer conforming to standards established by the American Standards Association. Table I Maximum Permissible Sound Pressure Levels Measured at Lot Line Frequency Band: Cycles per Second, 20-75 76-150 151-300 301-600 601-1200 1201-2400 2401-4800 4801-10,000 Tnhl p TT Condition Sound Pressure Levels Decibels re 0.0002 dyne per CM 2 lvftw On a site contiguous to or across a street from the boundary of any residential zone established by this 74 62 57 51 47 42 38 35 Correction in Decibels Page 28-E ordinance or by the zoning. ordinance of any other Minus 5 county or any municipality Operation between the hours of 10 p.m. and 7 a.m. Minus 5 Noise of impulsive character (e.g., hammering) Minus 5 Noise of periodic character (e.g., hum or screech) Minus 5 Noise source operated less than 20% in any one -hour period -Plus 5* 5% in any one -hour period -Plus 10* 1% in any one -hour period -Plus 15* -------------------------------------------------- *Apply only one of these corrections. All other corrections (including any one of the starred corrections) are cumulative.. 7A-10-2. Vibration: No vibration that can be detected at the lot line without the aid of instruments shall be permitted. Vibration caused by any use on any lot shall not result in an acceleration exceeding O.lg nor shall it produce a combinat[on of amplitudes and frequencies on any building or structure beyond the "safe" range of Table 7, United States Bureau of Mines Bulletin No. 442, entitled "Seismic Effects of Quarry Blasting." The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this subsection. 7A-10-3. Smoke: There shall not be discharged into the atmosphere from any operation on any lot visible gray smoke of a shade darker than No. 2 on the Ringlertian Smoke Chart as published by the United States Bureau of Mines, except that visible gray smoke of a shade not darker than No. 3 on said chart may be emitted for not more than four (4) minutes in any period of thirty (30) minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of any other color but with an equivalent apparent opacity or the requirements of the Virginia Air Pollution Act, whichever is greater. 7A-10-4. Other_ Air_ Pollutants: There shall not be discharged into the atmosphere from any operation on any lot fly ash, dust, dirt, fumes, vapors, or gases to any extent that could result in damage to the public health or to `IAW animals or vegetation or to other forms of property, or which could cause any excessive soiling at any point; Page 28-F and in no event shall there be any such discharge of solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air, nor of acid gases in excess of 12% by volume. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to stack temperatures of five hundred (500) degrees Fahrenheit and fifty (50%) percent excess air, or the requirements of the Virginia Air Pollution Act, whichever is greater. 7A-10-5. Odor: There shall not be discharged or permitted to escape into the atmosphere from any operation on any lot odorous or noxious gas or any other odorous or noxious material in such quantity as to be offensive beyond the premises from which such odors emanate. As a guide in determining such quantities "Air Pollution Abatement Manual," copyright 1951 by Manufacturing Chemists Association, Inc., Washington, D.C. shall be used or the requirements of the Virginia Air Pollution Act, whichever is greater. 7A-10-6. Radioactivity: There shall be no radioactive emission that would be dangerous to the health and safety of persons on or beyond the premises where such radioactive material is used. Determination of existence of such danger and thc: handling of radioactive materials, the discharge of such materials into the atmosphere and streams and other water, and the disposal of radioactive !Bastes shall be by reference to and in accordance with applicable current regulations of the Atomic Energy Commission, and in the case of items which would affect aircraft navigation or the control thereof, by applicable current regulations of the Federal Aviation Agency, and any applicable laws enacted by the General Assembly of the Commonwal th of Virginia or the requirements of the Virginia Air Pollution Act, whichever is greater. 7A-10-7. Electrical Interferen_c_e: There shall be no electrical disturbance ar;ianating from any lot that would adversely affect the operation of any equipment on any other lot or premises and in the case of any operation that would affect adversely the navigation or control of aircraft the current regulations of the Federal Aviation Agency shall apply. 7A-10-8. Liquid or lid _Wastes : There shall be no discharge of any liquid or solid wastes from any establishment into any stream except as authorized by the Albemarle County Service Authority and/or the Board of Supervisors, and the State hater Control Board, nor shall any wastes, debris or other discarded material be permitted to -accumulate in any yard or open space on the premises. Page 28-G 7A-10-9. Glare and Heat: No direct or sky -reflected glare, whether from flood lights or from high -temperature processes such as combustion, welding or otherwise so as to be visible beyond the lot line, shall be permitted except for signs, parking lot lighting and other lighting permitted by this ordinance or required by any other applicable regulation, ordinance or law. There shall be no discharge of heat or heated air from any establishment so as to be detectable beyond the lot line. 7A-11. SITE AND USE PLAN SUBMISSION Plans and documents to accompany applications for site and use development plan approval shall include the following: a plan for development of the lot on which the proposed use is to be located showing: 7A-11-1. Lot boundaries and dimensions, location, width, grade and treatment of all f,ontage or hounding street, north point and scale and on an insert a location map showing the relation of the proposed use to other uses in the vicinity. 7A-11-2. Location and dimensions of all buildings and structures. including walls, fences and signs, and the uses to Which they shall be put. 7A-11-3. Areas proposed for off-street parking, off-street loading areas, access roads, wallas and dimensions thereof. 7A-11-4. Any areas proposed for open storage and tables indicating number of parking and loading spaces and other pertinent data. 7A-1 1 -5 . The 'location of ut.i 1 i ti es including water, wells ( i f any), sewerage, septic tanks (if any), gas, oil, electric and power lines. 7A-11-6. Railroads and on -site rail facilities such as sidings, spurs, etc.. 7A-11-7. The existing topography (Contour Interval of 5 feet) and proposed grading plan, including any existing water courses, streams or other bodies of water (existing or proposed), and proposed drainage facilities, on and off the site. 7A-11-8. Planting and landscaping plan, including screenplanting and on perimeter lots in an R-TM zone the wooded and supplementary plants in areas set aside as buffer strips. Page 28-H 7A-11-9. Exterior plans and specifications of all buildings, including elevation and building areas, and an architectural perspective drawing of the project as it will appear from its principal street frontage. 7A-11-10. Plans -For sedimentation control during construction. 7A-11-11. Numbers and classifications of employees. 7A-12. A series of statements on forms provided therefore by the Board of Supervisors showing: 7A-12-1. Compliance with the minimum requirements and per- formance standards in this Article signed by the owner of the proposed development or, in the case of a corporation, an officer thereof, or its authorized agent. 7A-12-2. Notarized certificates signed by persons who, by education and/or experience, are qualified and recognized experts in the field or fields relating to the several performance standards, stating that the performance standards set fortis in Sections 7A-10-1 and 7A-10-9 inclusive can be met by the equipment proposed to be installed to accomplish the objectives of the said standards. 7A-12-3. Notarized certificates signed by persons, �qho, by education and/or experience, are qualified and recognized experts in the field or, fields relating to the several performance standards, stating the performance standards as set forth and mentioned in Item 2 above having been met, within 30 days after operations of the facility have commenced. 7A-12-4. As Built Site Plans in compliance with Items 1, 2 and 3 above is acceptable in lieu of certificates. 7A-13. SUPPLEMENTARY SITE AND USE PLANS 7A-13-1. No additional structures shall be constructed upon a lot and no exterior al terati ores w i 11 be made to existing structures until a supplementary site and use development play; has been submitted and approved by the Cow!m.ission and the Board of Supervisors. Such supplementary plan shall contain the same information required in the orginal site and use development plan as specified in Article 7A-11. 7A-13-2. No change in use shall be permitted on a lot until a supplementary use plan has been submitted and approved by the Planning Commission and the Board of Supervisors. Page 28-I Page 417 NOVEMBER 2, 1970 The Albemarle County Planning Commission met on November 2, 1970 in the County Court House at 7:30 P.M., Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, James Parks, William Perkins, John Wright, and Savory Amato. Also attending was Mr. Lloyd Wood. Mr. Henry Page was absent. The secretary established that a quorum was present. The minutes of October 5, 7, 12, 14, 1970 were approved with amendments to the October 5th and 14th meetings as follows: October 5th, delete the last sentence on page 403 commencing with "the applicant" and terminating with the word "then". For October 14th, page 416 under ZMP-141 insert the following: "Mr. Perkins stated he must abstain from action relative to ZMP-141 and excused himself from the Board Room while discussion of this matter was conducted and casted no vote relative thereto." 1. SP-75. J. D. Thomas. Applicant wishes to locate a mobile home park on property zoned A-1, Agricultural located on Route 708 near Mt. Olive Church. The parcel which contains 82.32 acres is described as County Tax Map 101, Parcel 58E, Scottsville Magisterial District. The staff made his report stating that the location of a mobile home park in this area could be considered to be incompatible and if the permit is to be approved it should be subject to (1) a more detailed site plan prepared by an Engineer or Certified Surveyor being submitted to the County Planning Office for review for compliance with the require- ments as noted within the appropriate sections of the County Zoning Ordinance, (2) consideration be given to deceleration lane, (3) subject to State Health Department and County approval of water supply and the Health Departments approval for septic systems, (4) a 100 foot width screening on all sides of the property with existing tree cover. Page 418 At this time the Chairman called for the public hearing. Mr. Thomas, applicant, stated he had nothing to add to the staff's report at this time. The Chairman then opened the public hearing to the public. Mr. Lyle Ward, resident of the area, presented a petition in opposition to the request containing 75 signatures of property owners within the affected area. The secretary presented two letters in opposition. Numerous people appeared in opposition including a Dr. Conefee, Mys. Harry Via, Mr. Henry Bower, Mr. Thomas Wingfield and Mr. Forrest Via. Mr. Thomas at this time was afforded an opportunity to speak again and expounded on the fact that he did not intend to disturb the community. After a lengthy discussion, Mr. John Wright made the following motion, seconded by Judge Amato that SP-75 be denied having found it to be incompatible with the existing character of the neighborhood. The motion carried unanimously. It was noted that KOA Campgrounds was established before zoning and should not be an issue regarding the request. 2. SP-72. F. R. Cutright. Applicant wishes to construct a two (2) family dwelling on property zoned A-1 Agricultural located on old Route 29 South at its intersection with Route 29 and Route 692. The parcel which contains 35.85 acres is described as County Tax Map 99, Parcel 5C, Samuel Miller Magisterial District. The staff presented his report after which Mr. Cutright expounded on his request. It was determined at the hearing that Mr. Cutright wishes to utilize a vacated road known as "old 29" to serve the proposed duplex and that said road was presently being considered for abandonment by the County moo Board of Supervisors. After a lengthy discussion, Mr. Carr made the following motion, seconded by Mr. Perkins that SP-72 be deferred until action has been taken by the Board regarding the abandonment of old Route 29 in the area. The motion carried unanimously, Page 419 3. ZMP-143. David G. Campbell. Applicant wishes to rezone 10.23 acres from A-1 Agricultural to M-1 Manufacturing. Property is located on Route 643, 0.75 miles north of the Charlottesville Rivanna Reservoir and is described as County Tax Map 45, Parcel 55. Rivanna Magisterial District. The staff presented his report noting that the yam, request was within the approach zone of the airport and that the application had been reviewed by the Planning Consultant who had suggested that the M-1 zoning within the approach zone would be a compatible use along with large lot development, recreation areas and open space. After a lengthy discussion, Mr. Carr made the follow- ing motion seconded by Mr. Maupin that ZMP-143 be granted as requested. At this time Mr. Perkins made a substitute motion stating that M-1 zoning be granted under ZMP-143 for the front 7 acres of the property facing Route 643 to afford a buffer for those properties located to the west. The motion failed for lack of a second. The Chair then called for a roll call vote on the original motion to grant M-1 on the entire tract. The motion to grant the M-1 zone carried by a 4 to 3 vote with voting as follows: Wright, yes; Maupin, yes; Catlin, yes; Carr, yes; Perkins,, no; Parks, no; and Amato, no. 4. ZMP-140. Lucy L. Burns. Applicant wishes to rezone 3.5 acres from A-1 Agricultural to RS-1 Residential. Property is located at the intersection of Route 795 and 620 and is described as County Tax Map 103, Parcel 48, Scottsville Magisterial District. The staff presented his report after which Mr. Dave Wood, representing the applicant, presented the application. After a discussion, Mr. Maupin made the following motion seconded by Mr. Wright that ZMP-140 be approved as requested. The motion carried by a 6 - 0 vote with one abstention, Judge Amato abstaining from voting. 5. SP-73. William McCauley. Applicant wishes to locate a permanent mobile home on property zoned A-1 Agricultural located on Route 676, 3/4 miles north Page 420 of the Meriwether Lewis School. The parcel, which contains 5.0 acres is described as County Tax Map 42A, Parcel 1, Ivy Magisterial District. After the public hearing had been concluded with no one appearing in opposition, Judge Amato made the following motion, seconded by Mr, Maupin that SP-73 be approved with a 50 foot setback from all property lines and Health Depart- ment approval of septic system. The motion carried unanimously. 6. SP-74. Franklin W. Walton. Applicant wishes to locate a permanent mobile home on property zoned A-1, Agricultural located on Route 712 in Keene, The parcel which contains 20.55 acres is described as County Tax Map 122, Parcel 12K, Scottsville Magisterial District. The staff presented his report, after which the public hearing was open with no one appearing in opposition. After a general discussion, Mr. Wright made the follow- ing motion seconded by Mr. Maupin that SP-74 be approved subject to a 100 foot setback from the right of way of Route 712 and Health Department approval of septic system and that said approval to be temporary and re -approved annually after review by the Zoning Administrator, 7. SP-77. Tandem School. Applicant wishes to locate a private co-educational school in a B-1, Business zone. Property is located on Route 250 East on Pantops Mountain and is described as County Tax Map 78, Parcel 15C. Charlottesville Magisterial District. The staff presented his report, after which a lengthy discussion followed. At the conclusion of which Mr. Maupin made the following motion seconded by Mr. Perkins that SP-77 be approved for the school as it now exists. Mr. Wright suggested a substitute motion that SP-77 be granted for a period of three yeards with renewal available at the end of that time period. Judge Amato seconded the motion. The Chairman called for a roll call vote with the following results: Amato, yes; Maupin, yes; Catlin, yes; Wright, yes; Carr, yes; Parks, no; and Perkins, no. The motion carried by a 5 to 2 vote. Page 421 At this time the Chairman recognized Mr. Rosser Payne, Planning Consultant who informed the Commission of the work accomplished on the Comprehensive Plan as of this date and expounded on the present findings. PLATS FOR PLANNING COMMISSION APPROVAL 1. Plat showing Section three, Block F, Greenbrier Heights. The Commission referred to the County Attorney the review and report on the status of Chapel Hill Road with emphasis on whether or not Mr. Grover Forloines could include the northern 20 foot portion of Chapel Road within a 50 foot right of way which he would develop for inclusion into the State secondary system. 2. Charles F. Dunivan, preliminary sketch. After a discussion, it was the consensus of the Commission that Mr. Dunivan and Mr, Ray Snow be requested to appear before the Commission to elaborate on the need for the restricted 50 foot right of way. SITE PLAN A site plan for an addition to an existing grocery store known as Hilltop Grocery on Route 743, was deferred until the next meeing in view of the lateness of the hour it being 11:30 P.M. Mr. George Cason appeared to request action relating to conditions to be imposed on his request on SP-66. It was the consensus of the Commission that the Board of Supervisors be advised to consider the following conditions in approving the request, Requirements should be placed on SP-66 to insure the following; 1, Insurances that the facility will be operated in such a manner as to consider the safety of the general public, 2. Insurances that the activity would not be a public nuisance. 3. If the sale of beer is to be provided for that the 11r■w requirements of the ABC Board be met as to operating hours. Page 422 4. Insurances that safe access to the property will be afforded, PLATS APPROVED ADMINISTRATIVELY By William S. Roudabush, Jr., C.L.S.: 1. Subdivision plat showing a revision of Lot 12, Block 10, Section 3 and Lot 1, Block 4, Section 1 Berkeley Community near Charlottesville. 2. Plat showing Patio House section Blocks DD thru MM, Four Seasons Planned Community. 3. Plat showing a survey of a 2.00 acre parcel, a portion of Parcel 49C-1 on Tax Map 45, property of W. E. and J. F. Bishop adjacent to Bedford Hills Subdivision. By Huffman -Foster and Associates: — 1. Plat showing Lot 10A and 10B, division of Lot 10, Block C, Flordon. 2. Plat showing 2.44 acre portion of the Margaret E. Hirst property to be added to the land of O'Neill Enterprises, Inc.. 3. Plat showing 0.45 acre, portion of the Annie Allen property to be added to the land of O'Neill Enterprises, Inc,, October, 1970. By Frank A. Gregg: 1. Lot 21A and Lot 22A, a division of Lot 21 and Lot 22, Block A, Section two, Orchard Acres. There being no further business, the meeting was adjourned. Secretary Page 423 NOVEMBER 16, 1970 The Albemarle County Planning Commission met on November 16, 1970 in the County Court House at 7:30 P.M. Charlottesville, Virginia Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato and William Perkins. Also attending were Mr. Lloyd Wood and Mr. T. M. Batchelor. Absent were: Mr. James Parks, Mr. John Wright, and Mr. Henry Page. The secretary established that a quorum was present. The minutes of November 2, 1970 were approved as submitted. Dr. Catlin opened the public hearing on the R-TM zone. 1. Proposed amendment to the Albemarle County Zoning Ordinance creating a new zoning district to be known as "Research and Technical Manufacturing, R-TM District", catering to research and development and light manufacturing facilities on a minimum lot size of fity (50) acres; with provisions for industrial performance standards, as prepared by the Albemarle County Planning staff. The secretary presented the proposed amendment to the Commission as prepared by the Albemarle County Planning staff and as amended by the Albemarle County Planning Commission. It was noted that this was the 5th draft of the subject proposal. Dr. Catlin then opened the hearing to those in attendance. Dr. Fredrick Berry, resident of Ednam Forest, who spoke on land zoned M-1 across from Ednam Forest felt that a reduction in the minimum 50 acres would make for a better development. It was ascertained by the Commission that Dr. Berry's comments were related more to M-1 zoning and not necessarily to that of the proposed R-TM zone. Page 424 Mr. William Battle, attorney representing General Electric Company, presented a letter prepared by representatives of General Electric suggesting several changes in the proposed R-TM zone. Mr. Humphrey also presented a letter from a Mr. Stevenson, member of the Industrial Development Commission, suggesting a reduction from the minimum lot requirement. Mr. Jack Marzano, interested citizen, spoke on the need of lowering the minimum lot size also. At this time the Chairman noted that the objectives of the R-TM zone were somewhat different from the existing M-1 and M-2 industrial zones and realizing that the M-1 and M-2 were in need of review, stated that such a review and analysis would be undertaken in connection with the possible establishment of a minimum lot size in the M-1 and M-2 at a later date. However, by reason of the intent of the proposed R-TM zone, a large minimum lot size was in order in his opinion. It was the consensus of the Commission that Dr. Catlin's statements were in keeping with theirs relating to the R-TM proposed zone. After a very lengthy discussion, on the comments received by letter from General Electric and members of the Commission and the general public, Mr. Maupin made the following motion seconded by Mr. Carr that the proposed R-TM (Research and Technical Manufacturing District), be recommended for approval subject to the changes discussed and approved by the Commission and as found below. Note: All amendments are shown by underlining. 5th a[�raft 5 cm ARTICLE 7A. RESEARCH AND TECHNICAL MANUFACTURING, DISTRICT R-TM Statement of Intent The R-TM District is intended to permit, in accordance with the objectives of the Comprehensive Plan, the development of Campus -type industries on parcels containing not less than fifty (50) acres. Applications An.y__a_ppl i cat ons� a propertj_owner for 1 ) a rezoni na to theR-TM zone_or_Cn__use of an existing R-TM zone,_shalI be accompanied by, a_Proposed__Use and Site Development _Plan prepared in accordance with _Article 7A-11, which a_plication and�lan must be approved _-by—the P1 anni ng_Cwimi ss i_on and Board of County Super- visors. 7A-1. USES PERMITTED In Research and Technical Manufacturing, District R-TM, structures to be erected or land to be used, shall be for one or more of the following uses: 7A-1-1. Research and Development establishments. 7A-1-2. Technical education. 7A-1-3. Research and technical manufacturing and the processing, fabrication, assembly and distribution of products such as computers, scientific instruments, communication and electronic equipment confined to "light" industrial products or components. 7A-1-4. Recreation service uses of a non-commercial nature, limited to those for use of employees whose work is done within the R--TM zone. 7A-1-5. Cafeterias and dining rooms serving employees of the on -site facility, visiting customers and other owner - authorized visitors. but not the genur^11Tpublic. 7A-1-6. Product sales areas for employees only, limited to four thousand (4,000) square feet. 7A-1-7. Signs, subject 'to Article 11-13 "Special Use Permits", provided that such signs, if illuminated, shall have no moving, intermittent or flashing display and shall contain no colored illumination; and shall be indirectly lighted. 7A-1-8. Accessory uses as defined. Page 28-A Page �426 7A-1 -90 ) . 7A-1-9(2). THE FOLLOWING USES ALLOWED WITH A SPECIAL USE PERMIT Construction facilities, temporary, in accordance with Article 16-21. Signs THE _FOLLOWING USES ALLOWED WITH A CONDITIONAL USE PERMIT OfdLY 7A-1-10(1). Public Utilities: Public water, sewer and gas trans- missions; main or trunk lines and treatment facilities, pumping stations, electrical power transmissions and distribution substations and transmission lines and towers. 7A-1-10(2) Public Utilities: Oil and gas transmission pipelines and pumping stations, microwave and radiowave trans- mission and relay towers and substations. 7A-2. AREA REGULATIONS All permitted uses shall be located on a minimum lot size of fifty (50) acres. ' 7A-3. FRONTAGE Each R-TM zone shall have frontage on a public street or highway. No frontage on or access to local residential streets or highways as defined in the Albemarle County Subdivision Ordinance, shall be permitted. 7A-4. SETBACK REGULATIONS 7A-4-1 . Bui 1 di ng 1 i_ne_setback : For a main building fronting on a primary highway or on any other bounding highway or street, the building line shall be at a minimum distance of one hundred fifty (150) feet from the center line of the street and at least one hundred (100) feet from the front lot line; however, no building shall be located within three hundred (300) feet from the edge of right of way of any arterial or interstate highway. 7A-4-2. SideYards: The minimum side yard width shall be fifty (50)_ feet except that a corner lot shall have the same side yard setback as provided in Article 7A-4-1; and provided further that if an adjoining lot, parcel or tract is in any residential or agricultural zone, the minimum side yard width shall be one hundred fifty (150) Page 2.8--B Page 427 feet, and the one hundred (100) feet of width immediately `% adjoining such residential or agricultural land shall, as far as practicable, be left in its natural state and when necessary to supplement existing trees or other natural growth shall be screenplanted to provide a sight and sound barrier as a buffer strip. 7A-4-3. Rear Yards: The minimum rear yard shall be fifty �50 feet provided that when a lot adjoins along its rear line a residential or agricultural zone the minimum rear yard depth shall be one hundred fifty (150) feet and the one hundred (100) feet of depth immediately adjoining such residential or agricultural land shall be left in its natural state and where necessary to supplement existing trees or other natural growth shall be screenplanted to provide a sight and sound barrier as a buffer strip. 7A-5. ACCESSORY USE AND BUILDINGS The minimum front, side and rear yards established by Articles 7A-4-1, 7A-4-2, and 7A-4-3 shall not be encroached upon by any accessory building or use except by the approval of a Special Use Permit for such accessory use or building. 7A-6. USE REGULATIONS 7A-6-1. Uses permitted without a permit: uses for agricultural and forestry are authorized without a permit. 7A-7. SPECIAL EXCEPTIONS No uses are permitted as special exceptions. 7A-8. PROHIBITED USES All uses not permitted are specifically prohibited. 7A-9. ADDITIONAL MINIMUM REQUIREMENTS AND PERFORMANCE STANDARDS: 7A-9-1. Land to Building Ratios: 7A-9-1(1). Coverage: The total area of land occupied by all main and accessory buildings or structures on any lot shall not exceed forty (40%) percent of the total area, exclusive of an,' y area required as a buffer strip as provided for in 7A-4-1, 7A-4-2 and 7A-4-3. 7A--9-2(1). He.ightof Buildings and Structures: No building or structure sha h exceed a height of forty-five (45) Page 28-C Page 428 feet provided that such limitation shall not apply to chimneys, vents, bulkheads, air-conditioning facilities, radio and television antenna, towers required for scientific equipment, flagpoles, water towers and structures similar to the foregoing, which shall be subject to site plan control. 7A-9-2(2). Off-street parking facilities shall be provided in accordance with Article '11-7, or as may be justified at the time of site plan approval. 7A-9-2(3). Screening of Off -Street Parking Areas: Off-street parking areas shall, as far as practicable, be so designed and arranged as to be obscured from view (except for access points) from a bounding highway and to this end such areas shall have walls, fences or landscaping on the street side to provide a sight and sound barrier. All off-street parking and loading areas shall be surfaced with bituminous or other dust - free material in accordance with good engineering practice or as may be specified in the USe and site development plan ordinance of Albemarle County, Virginia. 7A-9-2(4) . Off -Street Tr_uckl_oadi nq Requirements: Off-street truck1oading space shall be provided in accordance with Article 11-8-2 or as justified at the time of site and use plan approva i . 7A-9-2(5). Screening of Off -_Street Tr_uck_loadinq: Off-street truckioading areas shall; as far as practicable, be so designed and arranged as to be obscured from view (except for access points) from any bounding highway, and to this end such areas shall have a wall or fence (with necessary access openings) and landscaping. 7A-9-2(6). Outdoor Storage of Material: Outdoor storage of materials or finished products shall be screened from view from any adjoining property, highway or street, and none shall be permitted in any front yard nor in any side yard of a corner lot nor in any minimum side yard. Such storage of materials shall not occupy more than ten (10%) percent of the lot nor exceed a height of fifteen (15) feet. 7A-9-2(7). Rail Facilities: No trackage or railroad facilities of any'__*i;fnd shall be located on the street side of any building nor in any minimum side yard, but if located at the side of a building, the area devoted to such use shall be screened from view from any adjoining property, street or highcntay by a fence or wall and screenpl anti rig . Page 28 -D Page 429 M 7A-9-2(8). Building Construction: All buildings erected on any lot and any additions or alterations thereto shall be of permanent construction. Designs intended primarily as advertising.attractions shall be pro- hibited. 7A--9-2(9). Landscaping Except for necessary walks, driveways, and permitted front parking areas, all front and side yards on the street side of a building shall be planted in grass or other ground cover and flowers, shrubs, trees and other plant material. Foundation planting and any planting used for screening purposes shall be evergreen. 7A-10. Performance Standards: No use shall hereafter be established or conducted in any R-TM zone in any manner in violation of the following standards of performance: 7A-10-1. Noise: All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency, or shrillness. In no case shall the sound -pressure level of noise radiated from any establishment, measured at the nearest lot line, exceed the values in any octave band of frequency set forth in Table I or in Table I as modified by the correction factors provided in Table II. The sound -pressure level shall be measured with a sound level meter and an octave band analyzer conforming to standards established by the American Standards Association. Table I Maximum Permissible Sound Pressure Levels Measured at Lot Line Frequency Band: Cycles per Second 20-75 76-150 151-300 301-600 601-1200 1201-2400 2401-4800 4801-10,000 Tah1F II Condition Sound Pressure Levels Decibels re 0.0002 dyne per CM On a site contiguous to or, across a street from the boundary of any residential zone established by this 74 62 57 51 47 42 38 35 Correction in Decibels Page 28-E Page 430 ordinance or by the zoning ordinance of any other Minus 5 county or any municipality Operation between the hours of 10 p.m. and 7 a.m. Minus 5 Noise of impulsive character (e.g., hammering) Minus 5 Noise of periodic character (e.g., hum or screech) Minus 5 Noise source operated less than 20% in any one -hour period -Plus 5* 5% in any one -hour period -Plus 10* 1% in any one -hour period -Plus 15* ------------------------------------------------- *Apply only one of these corrections. All other corrections (including any one of the starred corrections) are cumulative.. 7A-10-2. Vibration: No vibration that can be detected at the lot line without the aid of instruments shall be permitted. Vibration caused by any use on any lot shall not result in an acceleration exceedi rig 0. 1 g nor shall it produce a combination of amplitudes and frequencies on any building or structure beyond the "safe" range of Table 7, United States Bureau of Mines Bulletin No. 442, entitled "Seismic Effects of Quarry Blasting." The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this subsection. 7A-10-3. Smoke_: There shall not be discharged into the atmosphere from any operation on any lot visible gray smoke of a shade darker than No. 2 on the Ringleman Smoke Chart as published by the United States Bureau of Mines, except that visible gray sn-ioke of a shade not darker than No. 3 on said chart may be emitted for riot more than four (4) minutes in any period of thirty (30) minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of any other color but with an equivalent apparent opacity or the requirements of the Virginia Air Pollution Act, whichever is greater. 7A-10-4. Other Air Pollutants: There shall not be discharged -------�- into the atrosphere from any operation on any lot fly ash, dust, dirt, fumes., vapors, or gases to any extent ,:.: that could result in darna e to the publ i c health or to animals or vegetation or to other forms of property, or which could cause any excessive soiling at any point; Page 28--F Page 431 and in no event shall there be any such discharge of ' solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air, nor of acid gases in excess of 12% by volume. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to stack temperatures of five hundred (500) degrees Fahrenheit and fifty (50%) percent excess air, or the requirements of the Virginia Air Pollution Act, whichever is greater. 7A-10-5. Odor: There shall not be discharged or permitted to escape into the atmosphere from any operation on any lot odorous or noxious gas or any other odorous or noxious material in such quantity as to be offensive beyond the premises from which such odors emanate. As a guide in determining such quantities "Air Pollution Abatement Manual," copyright 1951 by Manufacturing Chemists Association, Inc., Washington, D.C. shall be used or the requirements of the Virginia Air Pollution Act, whichever is greater. 7A-10-6. Radioactivity: There shall be no radioactive emission that would be dangerous to the health and safety of persons on or beyond the premises where such radioactive material is used. Determination of existence of such clanger and the handling of radioactive materials, the discharge of such materials into the atmosphere and streams and other water, and the disposal of radioactive wastes shall be by reference to and in accordance with applicable current regulations of the Atomic Energy Commission, and in the case of items which would affect aircraft navigation or the control thereof, by applicable current regulations of the Federal Aviation Agency, and any applicable laws enacted by the General Assembly of the Commonwalth of Virginia or the requirements of the Virginia Air Pollution Act, whichever is greater. 7A-10-7. Electrical Interference: There shall be no electrical disturbance amanating from any lot that would adversely affect the operation of any equipment on any other lot or premises and in the case of any operation that would affect adversely the navigation or control of aircraft the current regulations of the Federal Aviation Agency shall apply. 7A-10-8. Liquid or Solid Wastes: There shall be no discharge of any liquid or solid wastes from any establishment into any stream except as authorized by the Albemarle County Service Authority and/or the Board of Supervisors, and the State plater Control Board, nor shall any wastes, debris or other, discarded material be permitted to accumulate in any yard or open space on the premises. Page 28-G Page 432 7A-10-9. Glare and Heat: No direct or sky -reflected glare, whether from flood lights or from high -temperature processes such as combustion, welding or otherwise so as to be visible beyond the lot line, shall be permitted except for signs, parking lot lighting and other lighting permitted by this ordinance or required by any other applicable regulation, ordinance or law. There shall be no discharge of heat or heated air from any establishment so as to be detectable beyond the lot line. 7A-11. PROPOSED USE AND SITE DEVELOPMENT PLAN SUBMISSION Plans and documents to accompany applications for a Proposed Use and Site Development plan approval shall include the following: 7A-11-1. Certified_pl_at of boundaries and ap rgxima_te dimensions, 1ocatioo, width, prapasel grade and treatment of all frontage or abutting streets, north point and scale and on an insert a 1-ocation map showing the relation of the proposed use to other uses in the vicinity. 7A-11-2. Pro'location and approximate dimensions of all buildings and structures including walls, fences and signs, and the uses to vfliich they shall be put. 7A-11-3. Areas proposed for off-street parking, off-street loading areas, access roads, walks and approximate dimensions thereof. 7A-11-4. Any areas proposed for open storage and tables indicating number of parking and loading spaces and other pertinent data. 7A-,11-5. The proposed location of utilities including water, wells if any), sewerage, septic tanks (if any', gas, oil, electric and pwer lines. 7A-1 1 -6. Pr2pp, railroads and on -site rail facilities such as sidings, spurs, etc.. 7A-11-7. The existing topography (Contour Interval of 5 ieet) and proposed grading plan, including any existing water courses, streams or other bodies of water (existing or proposed), and proposed drainage facilities, on and off the site. 7A-II-8. Proposed planting and landscaping plan, including screenpianting and on per�•imeter lots in an R-TM zone tho wooded and supplerientary plants in areas set aside as buffer strips. Page ?8-Fl Page 433 7011-9. Preliminary draw nos of the rp oposed exterior elevation and_klans of all buildings and a brief outline of -specifications of the roposed architectural treatments _for those exteriors, including an architectural perspective drawing of the proposed project as it will appear from its principal street frontage. 7011-10. Proposed plans for sedimentation control during construction. 7011-11. Approximate numbers and classifications of employees. 7011-12. Statement of intent to oT9R_ with the minimum requiremerzcs and pliformance standards in this Article signed by the owner of the proposed develop- ment or, in the case of a corporation, an officer thereof, or its authorized agent. 7A-11-13. Notarized statements_ signed by persons who, by education and/or experience, are qualified and recognized experts in the field or fields relating to the several performance standards, stating that the performance standards set forth in Sections 7A-10-1 to 7010-9 inclusive can be islet by the equipment proposed to be installed to accomplish the objectives of the said standards. 7A-12. SUBMISSION PRIOR TO ISSUANCE OF A BUILDING AND 7 0 N I N G P E R K-I f_ — -- '-- 7012-1. No buildinc7 or construction shall be commenced upon the Eremises—unttii a Final Use and Site Development Plan con' i n�,c� n_e i_nfm orati on speci fii ed -i n Article 7A-1 1 , td � tlic�ut. ao;,_rox!mati o n s , i s s ubrn i t t e d -to the Toning Acniin stra�.or who shal1ugrant a buildinc permit therefor--trovided sisch t,lans are found to be 7n s16h stant ial coziform•i t oeUse and _i'?— Site Clevelopment Plar, as orignallry submitted. I i th 7ch•i nq Admi rii strator shall find such p ans r o i t bc. i n subs taut:� al contax mi ty, the same sha? 1 be re 1 e r We T i. ifi� for determination thereof 7013. SUBMISSION TO BE MADE ON COMPLETION 7A-1 3--1 . Notarized statements_ signed by persons, who, by education anc!%or experience, are qualified and recognized experts in the -field or fields relating to the several performance standards, stating the performance standards as set forth in Section 7010-1 to 7A-10-9, inc_lusive,_have bL-_;t in 30 days a1-ter op��_ration of the faci I i ty has conmenccd. Page 28- r Page 434 7A-14. PROPOSED SUPPLEMENTARY USE AND SITE DEVELOPMENT PLANS 7A-14-1. The site shall be developed in accordance with the Prop osed E�d Use and Site Development Plan. Substantial deviations therefrom shall not k7e permitted without submission and approval to and by the Commission and the Board of Supervisors of a Supplemental Use and Site Development Plan. Such supplemental flan shall contain the same information reouired in the originalpille n t Plan _prq�osed Use and Site D as specified _Led in Artic e 7A-11. 7A-14-2. No additional structures or other site development changes shal I be made to structures erected or sites develoLied iij accorc I nce with the foregoinq without complying with the provisions of this ord— nance in the same iaanner as if such addition orciange was rlljna-_ structure.or 7A-14-3.-,' No change in use shall be permitted on a lot until a supplemlentary proposed use plan has been submitted and approved by the Planning Commission and the Board of Supervisors. Page 28-J Page 436 By R. 0. Snow, C.L.S.; 1. Plat showing 0,445 acre parcel of land to be conveyed by F. R. Cutright to the North Garden Volunteer Fire Company located at Cross Roads. 2, Plat of 0.131 acre parcel of land on Beagle Gap Road, between Route 691 and C&0 Railroad, near Page 437 DECEMBER 7, 1970 The Albemarle County Planning Commission met on December 7, 1970 in the County Court House at 7:30 P.M., Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, James Parks, William Perkins, Savory Amato, and Henry Page. Also attending was Mr. Lloyd Wood. Mr. John Wright was absent. The secretary established that a quorum was present. The minutes of November 16, 1970 were approved as submitted. At this time the Chairman called for the public hearings. A. ZMP-144. H. E. Brown and Others. To rezone 20.0 acres from A-1 Agricultural to RS-1 Residential. Property is located on Route 706, 5 miles south of Charlottesville and described as Tax Map 89, Parcel 80. Charlottesville Magisterial District. The staff read his report. � ."d to nn� - ) . A petition in opposition to the request was filed containing 38 signatures of residents in the immediate area in opposition. The petition represents 28 residents of the area. After a lengthy discussion, Judge Amato made the following motion, seconded by Mr. Parks that ZMP-144 be denied. The motion carried unanimously. B. ZMP-145. Investments Diversified, Incorporated. To rezone 0.86 acres from B-1 Business, to R-3 Residential. Property is located on Route 743 and described as Tax Map 61, Parcel 39, part thereof. Charlottesville Magisterial District. The staff read his report. Mr. George Gilmer presented the case for rezoning. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Carr that ZMP-145 be approved as submitted. The motion carried unanimously. Page 438 C. ZMP-146. Knox Turnbull. To rezone 10.0 acres from A-1 Agricultural to B-1 Business. Property is located on Route 616 in southwest quadrant of I-64, and described as Tax Map 94, Parcel 39. Rivanna Magisterial District. The staff read his report after which Mr. Earl Sowers presented the petition for the rezoning. After a general discussion by the Planning Commission, Mr. Carr made the following motion, seconded by Judge Amato that ZMP-146 be approved only for that land shown on a plat prepared by William S. Roudabush, Jr. and dated November, 1970 under File No. 3463, said parcel being triangular in shape and referred to on the plat as a part of parcel "A". Said parcel containing a total of 1.178 acres. The motion carried unanimously. D. ZMP-147. O'Neill Enterprises, Inc.. To rezone 132.15 acres from B-1 Business to A-1 Agricultural. Property is located on 5th Street Extended at I-64 and described as Tax Map 76, Parcel 57A, (part thereof), Tax Map 77, Parcel 4 (part thereof) and Tax Map 77, Parcels 5 and 6. Charlottesville Magisterial District. This petition was deferred with the consensus of the Commission until December 14, 1970. E. SP-88. O'Neill Enterprises, Inc.. To locate a Planned Community in a proposed A-1 Agricultural zone. Property is located on 5th Street Extended at I-64 and described as Tax Map 76, Parcel 57A (part thereof), Tax Map 77, Parcel 4 (part thereof), and Tax Map 77, Parcels 5 and 6. Charlottesville Magisterial District. This was deferred with the consensus of the Commission until the December 14, 1970 meeting. Mr. Perkins made the motion seconded by Judge Amato to defer the above subject public hearings, F. SP-79. S. L. Williamson Co.. To locate a sand and gravel operation in an A-1 Agricultural zone. Property is located on Old Route 20 (Stony Point Road) on the Rivanna River and contains 77.7 acres. Described as Tax Map 62, Parcel 31. Charlottesville Magisterial District. Page 439 After a general discussion, Mr. Maupin made a motion to approve the Special Permit for 18 months subject to a review and possible renewal for one year. Mr. Carr seconded the motion. An amendment to the motion was made by Mr. Perkins to the effect that the approval be for 18 months subject to review thereafter. Mr. Maupin and Mr. Carr �Ww agreed to the amendment. Said amended motion passed unanimously with the additional conditions as follows: 1. Hours of operation limited to 6:30 A.M, to 5:00 P.M. daily, Monday through Saturday. 2. Be limited to a single front end loader and crane operation only. 3. That the applicant communicate with the SCS for possible recommendations relating to the prevention of erosion of the banks of the Rivanna and the impediment of the flow of the Rivanna. 4. Subject to Highway Department review for access onto and off of Route 20. i%w It should be noted that Mr. Tom Congor, representing the City appeared to discuss the effect of the operation on the City's proposed Wayland Park. A Mrs. Shantz, city resident, requested that the Commission consider greatly the effect of the activity on Wayland Park and a Mr. Worthington requested information related to the proposed use. Mr. Clyde Gouldman represented the applicant. G. SP-86. Elizabeth Sweeney. To locate a mobile home in an A-1 Agricultural zone, on Route 53. Property is described as Tax Map 94, Parcel 17, containing 574.95 acres. Scottsville Magisterial District. The Planning Commission, after due consideration to the facts denied the request for the location of the mobile home upon motion by Mr. Carr, seconded by Mr. Amato and the existing trailer is to be removed within 30 days of action by the Board of Supervisors. The motion carried unanimously. Page 440 H. SP-76. Stanford C. Fuller. To locate three (3) mobile homes permanently in an A-1 Agricultural zone. Property is located on Route 795 and described as Tax Map 103, Parcel 2 (part thereof) and contains 38.82 acres. Scottsville Magisterial District. After a lengthy discussion, during which one person appeared in opposition, Mr. Fuller withdrew his request for the location of three mobile homes and amended his 1400 request to be permitted to place one on the parcel. Upon motion by Mr. Maupin, seconded by Mr. Page, SP-76 was approved as amended subject to septic system and the mobile home being located as it presently is approximately 500 feet from Route 795. I. SP-80. Wade H. Pritchett. To locate a permanent mobile home in an A-1 Agricultural zone.. Property is located on Route 600, east of Route 29 North and contains 2.886 acres. Described as Tax Map 33, Parcel 53 (part thereof). Rivanna Magisterial District. After a discussion, Judge Amato made the following motion seconded by Mr. Parks that SP-80 be approved subject Ivo to a 70 foot setback from Route 600 and Health Department approval for a septic field. The motion carried unanimously. J. SP-81. Lawrence Dillard. To locate a permanent mobile home in an A-1 Agricultural zone off Route 723 containing 12.0 acres and described as Tax Map 133, Parcel 38. Scottsville Magisterial District. After a discussion, Judge Amato made the following motion, seconded by Mr. Maupin that SP-81 be approved subject to a minimum setback of 100 feet from Route 723 and Health Department approval for septic field. It should be noted that this mobile home was sold to the applicant apparently in violation of the County Zoning Ordinance by Neff's Trailer Sales of Harrisonburg. K. SP-82. Robert L. Hunt. To locate a permanent mobile home in an A-1 Agricultural zone on Route 29 South containing 5.54 acres and described as Tax Map 108, Parcel 25 (part thereof). Samuel Miller Magisterial District. After a discussion, Judge Amato made the following motion seconded by Mr. Maupin that SP-82 be approved Page 441 subject to a 50 foot setback from the rights of way of relocated Route 29 and old Route 29 and subject to a septic field approved by Health Department. The motion carried unanimously. L. SP-83. Corrine Allen. To locate a permanent mobile home in an A-1 Agricultural zone on Route 722, containing 155.38 acres. Described as Tax Map 133, Parcel 2. Scottsville Magisterial District. After a discussion, Mr. Perkins made the following motion, seconded by Judge Amato that SP-83 be approved with the following conditions: (1) that there be a minimum setback of Route 722 of 100 feet, (2) approval of a septic field by the Health Department, (3) that the permit remain in effect as long as Mrs. Allen is a lessee of the property. The motion was approved unanimously. M. SP-84. Blue Ridge Grocery Co., Inc.. To locate wholesaling of food products on Route 250 East near intersection with Route 20 in a B-1 Business zone. Property is described as Tax Map 78, Parcel 16, containing 5.12 acres. Charlottesville Magisterial District. After a lengthy discussion, in which applicant and owner of the property, Mr. Jessup, presented their case, Judge Amato made the following motion, seconded by Mr. Page that SP-84 be approved as submitted subject to review after a two year period with the objective of reviewing the off- street parking in connection with the activity for possible additions to the parking area. The motion carried unanimously. N. SP-85. Noah J. Robinson. To locate a permanent mobile home in an A-1 Agricultural zone on Route 53 in Rose Hill Community. Property is described as Tax Map 93, Parcel 11A, and contains 5.0 acres. Scottsville Magisterial District. After a general discussion, Mr. Maupin made the following motion, seconded by Mr. Page that SP-85 be approved subject to 100 foot setback from the end of Route 729 and approval of a septic field by the Health Department. The motion carried unanimously. Page 442 0, SP-87. Walter Goins. To locate a permanent mobile home in an A-1 Agricultural zone on Route 810 beyond Mt. Fair. Described as Tax Map 14, Parcel 34 containing 28.0 acres. White Hall Magisterial District. After a general discussion, Mr. Page made the following motion, seconded by Mr. Maupin that SP-87 be approved subject to a 50 foot setback from Route 810 and Health Department approval of a septic field. The motion carried unanimously. SITE PLAN 1. Addition to J. W. Sieg and Company. The site plan for J. W. Sieg and Company was approved as submitted upon motion by Mr. Carr, seconded by Mr. Perkins. PLATS APPROVED ADMINISTRATIVELY By Randolph Engineering Company 1. Subdivision plat of Parcels A, B, and C, a division of property recorded in D.B. 377-103 and D.B. 272-394, located off State Route 627, 4 miles southwest of Scottsville for A. T. Crawford. By William S. Roudabush, Jr., C.L.S.: 1. Subdivision plat of Lots 46, 47, Block J, Lots 10, 11, Block M, Lots 1, 2, Block 0, Section 8-A, Woodbrook, By Thomas D. Blue, C.L.S.: 1. Plat showing a survey of Lot 26C, being a portion of Lot 26A of Ridgemont, located on State Route 621 near Eastham. By R. 0. Snow, C.L.S.: 1. Plat of Lots 6A and 1A, Sections one and two, Block B, Ednam Forest for Paul C. Smith. By Huffman -Foster & Associates: Iwo 1. Subdivision plat of Lot 4 and Lot 5, a redivision of Lot 12, Block C, Section 2, Oak Hill. 2. Plat showing Lot 6 being a portion of the Leroy Snow property on State Route 742. There being no further business, the meeting was adjourned. %,woo �dcr�tary Page 443 DECEMBER 14, 1970 The Albemarle County Planning Commission met on December 14, 1970 in the County Court House at 7:30 P.M., Charlottesville, Virginia. Present were: David Carr, Vice -Chairman; Cecil Maupin, James Parks, William Perkins, Savory Amato, Henry Page and John Wright. Also attending were Mr. Lloyd Wood and Mr. T. M. Batchelor, Jr. It was noted that Dr. Sams, nominated member of the Commission to replace Mr. John Wright was also in attendance. Dr. Avery Catlin ivas absent. The secretary established that a quorum was present. The minutes of December 7, 1970 were approved with the exception of deleting "No one appeared to represent the application" which in on page 437 under ZMP-144. Mr. H. E. Brown was in attendance. A. ZMP-148. Albemarle County Board of Supervisors, upon resolution of intent to amend the Albemarle County Zoning Map, has referred to the Albemarle County Planning Commission for public hearing and recommendation, the rezoning of 220.74 acres from Industrial, Limited M-1 to "Research and Technical Manufacturing, District R-TM." Subject property is located in the northwest quadrant of the inter- change of Route 637 and Interstate 64. Property is described as County Tax Map 74-14 (part thereof) and 74-15. Ivy Magisterial District. 0. J. Langford, Robert F. Howard and Gladys Howard, owners. The staff presented his report, after a discussion, Mr. Maupin made the following motion seconded by Mr. Parks that ZMP-148 be approved as advertised with the R-TM Research and Technical Manufacturing District. The motion carried by a 5 to 0 vote with one abstention. Mr. Perkins having excused himself from the deliberation on this request. B. ZMP-147. O'Neill Enterprises, Inc.. To rezone 132.15 acres from B-1 Business to A-1 Agricultural. Property is located on 5th Street Extended at I-64 and described as Tax Map 76, Parcel 57A, (part thereof), Tax Map 77, Parcel 4 (part thereof) and Tax Map 77, Parcels 5 and 6. Charlottesville Magisterial District. Page 444 C. SP-88. O'Neill Enterprises, Inc.. To locate a Planned Community in a proposed A-1 Agricultural zone. , Property is located on 5th Street Extended at I-64 and described as Tax Map 76, Parcel 57A (part thereof), Tax Map 77, Parcel 4 (part thereof), and Tax Map 77, Parcels 5 and 6. Charlottesville Magisterial District, The staff presented his report recommending approval of ZMP-147 and Sp-88 with the following conditions: ,, 1. That prior to any construction within the develop- ment located in the County that a plan for a given phase of development be submitted to the County Planner, who will in turn recommend the best methods of preventions of soil erosion and siltation and methods of storm drainage with the assistance of representatives of the Soil Conservation Service and the County Engineer. The plan shall not be deviated from. 2. That all collector roads be constructed to meet the requirements of the Virginia Department of Highway Subdivision standards for inclusion in the state system and that all other roads, servicing individual residential areas be privately maintained. 3. That a document be prepared by the applicant, dedicating the open space and recreation areas for public and/or private resident's use and the means of providing maintenance of said open space and recreation area. Said document is to be recorded in the Clerk's Office at the time of approval of individual subdivision plats in a 10 acre minimum area. 4. That the Commission and the Board consider the dedication or reservation of land for a potential elementary school site at a location within the development, selected after consultation with the County School Board and possibly the City School Board. 5. That if the County, is required to locate a treatment facility in the general area which could serve the project, that all units not connected to the City system, be connected to the County system when available. Upon completion of the staff report, Mr. Max Evans and Mr. Ed Deets, representing the applicant, presented the petition. At the conclusion of the discussion, Judge Amato made the following motion, seconded by Mr. Parks that ZMP-147 be approved as requested, The motion carried unanimously -1000, P an,e 445 by those members present. Upon motion by Judge Amato, seconded by Mr. Page, Special Permit 88 be approved subject to the following conditions: 1. That prior to any construction within the develop- ment located in the County that a plan for a given phase of development be submitted to the County Planner, who will in turn recommend the best methods of prevention of soil erosion and siltation and methods of storm drainage with the assistance of representatives of the Soil Conservation Service and the County Engineer. The plan shall not be deviated from. 2. That all collector roads be constructed to meet the requirements of the Virginia Department of Highway subdivision standards for inclusion in the state system and that all other roads, servicing individual residential areas be privately maintained. 3. That a document be prepared by the applicant, dedicating the open space and recreation areas for public and/or private residents use and the means of providing main- tenance of said open space and recreation area. Said document is to be recorded in the Clerk's Office at the time of approval of individual subdivision plats in a 10 acre minimum area. 4. That the applicant be required to reserve a 20 acre area located in the southeast portion of the project along Moores Creek for the possible location of a future school. Said reservation is to remain on this portion of land until such time determination can be made by the appropriate County or City official that such a school is needed at this location. 5. That if the County, is required to locate a treatment facility in the general area which could serve the project, that all units not connected to the City system, be connected to the County system when available. At this time there was a discussion on the motion. Mr. Edward Deets, attorney, was permitted to speak on condition No. 4. Upon conclusion of this discussion, Judge Amato withdrew his motion to approve ZMP-147 and SP-88 with the approval of Mr. Page and Mr. Parks who seconded the approving motions and with the approval of the full Commission. Judge Amato then made an additional motion that the Chairman-beinstructed to set up a special committee to discuss and resolve the need for potential school sites within the Willoughby Planned Community. Mr. Page seconded Page 446 W the motion which was adopted by those members present. It was noted that no members were officially appointed to serve on this committee. D. Preliminary Plat. Berkeley -Westfield Area. It was ascertained that the applicant requested a final approval for alignment of this road and after a lengthy discussion, Mr. Perkins made the following motion, seconded IWO by Mr. Parks that the plat as submitted and known as a plat showing dedication of streets and divisions of the lands of David J. Wood, Jr., etals, R. C. Minor Estate, and Albemarle County School Board be approved subject to the requirements of the subdivision ordinance and School Board approval. The motion carried unanimously by those members present. E. Plat for Planning Commission Approval A subdivision plat showing Lots 1 and 2 each containing 2.00 acres being a portion of property known as Tract B belonging to James W. Garth, III located on State Route 601. The plat was approved under the requirements of the subdivi- sion ordinance as it relates to restricted roads. The staff presented to the Commission copies of a preliminary Economic Study done by Mr. Rosser Payne and the proposed Site Development Plan for Albemarle County for the review and public discussion at their next regular meeting of January 4, 1971. At this time the staff introduced a possible resolution to be adopted by the Albemarle County Planning Commission relating to the regional sewer plan as developed by McNair, Simmons, and Cline. After a general discussion, Judge Amato made the follow- ing motion, seconded by Mr. Perkins that the following resolution be adopted. WHEREAS, the Albemarle County Planning Commission is preparing a Comprehensive Plan for future development for Albemarle County; WHEREAS,the Planning Commission has established certain Land Use Objectives to arrive at the future development and; .100 Page 447 WHEREAS, the Planning Commission has reviewed the element relating to public sewer and water to serve those land use objectives; and, WHEREAS, the Planning Consultant in charge of the Land Use Objectives for the year 2000 and the Engineering Consultant charged with the development of a sanitary sewer program have coordinated and considered their individual efforts under the review of the Planning Commission; BE IT THEREFORE RESOLVED that the Albemarle County Planning Commission hereby endorses the regional approach in providing public sewer, as presented by McNair, Simmons and Cline, Consultant Engineers, and hereby recommends to the Albemarle County Board of Supervisors that said Regional Sewer Plan be incorporated into the Comprehensive Plan of Development. The resolution passed unanimously. The staff also introduced a possible resolution regarding the proposal of the U.S. Postal Service to locate a postal trucking terminal which is alleged to be in violation of the adopted Charlottesville -Albemarle Major Thoroughfare Plan. After a discussion, Judge Amato made the following motion, seconded by Mr. Perkins that the following resolution be adopted and forwarded on to the Albemarle County Board of Supervisors. The motion carried unanimously by those members present. WHEREAS, the Albemarle County Planning Commission has recommended a Major Thoroughfare Plan for the urban area of Albemarle County, as prepared by the Virginia Department of Highways; and WHEREAS, said plan was adopted by the Albemarle County Planning Commission on May 6, 1968 and by the Albemarle County Board of Supervisors on May 16, 1968; and WHEREAS, said plan is now a part of the County Com- prehensive Plan as well as the City of Charlottesville Comprehensive Plan; and WHEREAS, under Article 15.1-456 of the Virginia State Code "Legal Status of Plan" such an adopted plan shall "control the general or approximate location, character and extent of each feature shown on the plan", including streets; and Page 448 WHEREAS, there is the requirement of approval of the location of any facility involving a feature of said plan; and WHEREAS, the location of a United States Postal Trucking Terminal is proposed to conflict with the adopted County and City Major Thoroughfare Plan and WHEREAS, no public hearing has been held by each governmental body on the proposals, BE IT THEREFORE RESOLVED that the Albemarle County Planning Commission has on this date, condemned the location of subject facility as being a violation of the adopted Plan and in violation of the State law governing the location of facilities in conflict with said plan and recommend to the Albemarle County Board of Supervisors that the plan as adopted not be violation without due process of law. F. PLATS APPROVED ADMINISTRATIVELY By Randolph -Mackie Engineering Co. 1. Plat of Section II, Deerwood on State Route 649, this plat was revised to correct mathematical errors in plat dated 7-24-68. By Thomas D. Blue, C.L.S.: 1. Plat showing a survey of Parcel X being a portion of the Lawrence Quarles property located off State Route 649 and the North Fork of the Rivanna River. 2. Plat showing a survey of Lot X, being a portion of the undeveloped part of Key West which is to be added to Lot 12, Block F of Key West. This plat was dated 7-27-70 and revised 12-7-70. There being no further business, the meeting was adjourned. Secretary