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HomeMy WebLinkAbout1971aPage 491 A second work session for the plan was established for May 24, 1971. There being no further business the meeting was adjourned. Secretary ■-0 Page 492 PLANNING COMMISSION MINUTES JUNE 7, 1971 Members present; Dr. Catlin, Cecil Maupin, Henry Page, Jim Parks, William Roudabush, Dr. Sams, Louis Staley, and Judge Amato. David Carr was absent. A Quorum was established, and the minutes of May 17, 1971, '�r.• were approved subject to Page 489 under "Mr. David Carr (Ivy) being changed as follows: replace "C.B.D." with Central Business District. Page 489 under Judge Amato, (Earlysville North Albemarle), change "Bounded to" to "Bounded by". Change page 490 under Mr. Staley(Crozet) the word after to Afton. Change Page 487 under Item 1, the Phrase "250 west" to"250 East". At this time the Chairman called for the scheduled Public Hearings: 1. ZMP-165. Rqbert F. Lutz and George W. Lovelace. To rezone 6.767 acres from A-1 to R-3. Property is located on Route 657, (Lambs Road -Old Barracks Road), 0.7 miles north of Route 743 and Albemarle High School. Property is described as County Tax Map 45, Parcel 19B, 19C, and 20. Ivy Magisterial District. Mr. George W. Lovelace was present to present the petition. The staff presented their report recommending denial of the application. After the presentation and discussion by the Commission on the matter Dr. Sams made the motion to deny R-3 zoning on the subject property as not being compatible with the existing environment and not in keeping with the Master Plan and its objectives for high density zoning. Mr. Parks seconded the motion and the motion was carried by a majority of those members present. 2. ZMP-167. H. H. Tiffany. To rezone 4.845 acres from A-1 to R-1. Property is located in the Greenwood area approximately 800 feet east of Route 691 on Corville Farm. Property is described as Tax map55, Parcel 12, (Part of), White Hall Magisterial District. yIA The staff presented their report. Mr. Pat Hayden presented the petition. After a discussion by the Commission ZMP-167 was deferred until June 14, 1971 to obtain factual information regarding the capacity of the wells. Page 493 3. ZMP-168. Trustees of Oak Union Baptist Chruch. To rezone 20,000 square feet from A-1 to R-1. Property is located on West side of State Route 676, three quarters of a mile south of Route 614 and 0 wensville. Property is described as Tax Map 42A, Parcel 8, (Part thereof), Samuel Miller Magisterial District. The staff presented their report. Mr. David Wood, Attorney, presented the petition. The request was brought about by the Church desiring to relieve a financial situation. After a discussion Mr. Maupin made the following motion, seconded by Judge Amato that ZMP-168 be approved as requested. The motion was carried by a 7-1-0 vote. In approving the request the Commission noted that this request was brought about by unusual circumstances and that they felt the Spirit of the law had been upheld. 4. SP-109. Henry C. Birckhead. To locate a mobile home on 2.3 acres in an A-1 Zone. Property is located approximately 500 feet north of the intersection of Routes 250 and 616 in the Keswick-Shadwell area. Property is described as County Tax Map 94, parcel 29C(2). Rivanna Magisterial District. This application was approved subject to Health Dept. approval of a septic system and a minimum setback of 100 feet from the edgq of Route 616, with no cutting of trees between the mobile home and Route 616. 5. SP-111. Christine W. Brackett. To locate a mobile home on 1.75 acres in an A-1 Zone. Property is located on Route 711 near North Garden and is described as County Tax Map 87A, Parcel 22, Samuel Miller Magisterial District. This application was approved subject to Health Dept. approval of a septic system and a setback from the edge of Route 711 of 50 feet. 6. SP-112. Charles and Carolyn Browning. To locate a mobile home on 2 acres of a 574.95 acre tract in an A-1 Zone. Property which is located on Route 729, 1100 feet south of Route 53 and is described as County Tax Map 94, Parcel 17, Scottsville Magisterial District. This application was approved subject to Health Dept. approval of a septic system and a minimum setback from the edge of Route 729 of 100 feet. 7. SP-113. Lewis B. Reavis. To locate a mobile home on 20.0 acres in an A-1 Zone. Property which is located on Route 640 near Stony Point is described as County Tax Map 49, Parcel 4A-1, Rivanna Magisterial District. This application was approved subject to Health Dept. approval of a septic system and a 100 foot setback from the VOW property line closest to Route 640. Page 494 8. Fraternal Order of Police. To construct a meeting hall with related facilities on 1.89 acres of A-1 Land. This property which is located on Old Route 53, o.2 miles west of Route 53 South of Michie Tavern is described as County Tax Map 77, Parcel 26A and 26C, Scottsville Magisterial District. This application was approved subject to Health Dept. approval and Highway Dept. approval, also the staff is of the opinion that it could be considered compatible with screening on the west property line. Mr. Roudabush had requested and had been granted, to be excused from the consideration and vote on this matter. 9. ZMP-164. David J. Wood, Jr. This rezoning petition was referred back to the Planning Commission by the Board of Supervisors for further consideration in - light of an amended request. A lengthy discussion was held on the amended petition after which a motion was made to approve the request. The motion to approve the request was denied by a 3-5 vote. 10. Public Hearings were concluded at this time and the remaining agenda items were considered. A. Pantops Golf Range. This was a request for a recreation facility referred to the Commission for recommendations by the Board of Supervisors. A discussion was held but action was deferred until June 14, 1971 meeting to obtain additional data. B. Reconsideration of W. L. Clover Subdivision. This item was discussed by the Commission and it was the concensus of the Commission that the revised plat was in order, however the combining of certain parcels of land already recorded was out of the realm of the Commission or Subdivision requirements but did state they would support the "Montvue" citizens in this effort to obtain their objective. C. Site Plans: a. Fountain Court apartments on Rio Road approval as submitted subject to findings and report of the Soil Conservation Service. b. Virginia Tel & Tel Co. on Rio Road approval as submitted subject to additional screening being provided on Rio Road and along the northern property line. D. Subdivisions: a. Preliminary of "Brookwood" subdivision in Crozet on Route 1204. Page 495 b. Plat showing a division of the Cary G. Suter Property located on State Route 628 near Ivy Depot establishing a 50 foot restricted right-of-way. This was approved in keeping with the establishment of restricted roads . 11. Committee Reports: a. Albemarle Townhouses. The Committee reported that the site had been inspected and recommended that the developers attempt to negotiate with a church located on Wilder Drive to obtain additional right-of-way so that a road could be constructed that would carry traffic generated by this development by a more direct route to Park Street extended; thereby to prevent the travelinq of traffic through single family development located in the City, south of the property. The developers agreed there would be an attempt and would report back at the next meeting. b. The Committee report on Cluster Development in the RS-1 Zone was not presented. 12. The Chairman at this time reactivated the Committee established in December, 1970 to investigate the possibility of reserving a school site on the "Willoughby Planned Community" and to report back at the June 14, 1971 meeting. There being no further business the meeting was adjourned. ecretary PLANNING COMMISSION MINUTES Page 496 June 14, 1971 ftw The Albemarle County Planning Commission met on June 14, 1971 in the Albemarle County Court House at 7:30 P.M. in Charlottesville, Virginia Present were: Dr. Catlin, David Carr, Judge Amato, Louis Staley, Cecil Maupin, Henry Page, Dr. Sams. Absent were Jim Parks and William Roudabush. A quorum was established. At this time the Chairman called for the Public Hearing that was scheduled. 1. SP-117. Applicants wish to locate a Swimming beach, swimming pool, picnic area, tennis courts, and accessory facilities on land located in the Key West Subdivision on the Rivanna River. Property is zoned A-1 and is described as County Tax Map 62B(1), Parcel 1, Rivanna Magisterial District. Mr. Humphrey, Secretary, located the property and excused himself from further comment stating that he was involved in the establishment of the proposed private recreation facility. """ow* Mr. Robert Rutschow, Attorney, representing the club presented the case. After a discussion Judge Amato made the following motion seconded by Mr. Maupin that SP-117 be approved subject to the following conditions: 1. That a water filter system be installed and approved by the local Health Dept.. 2. That sanitary facilities be approved by the local Health Dept. 3. That a life guard be employed during the operation of the swimming facilities. 4. That all permanent structures be constructed out of the flood plain of the Rivanna River. 2. Golf Driving Range-Pantops. This item was deferred from the June 7, 1971 meeting for additional information. The applicants supplied measured distances on a plat, of the facility and its relationship with previously approved facilities. Parking situation was discussed at length to determine adequate facilities. After a general -� discussion Judge Amato made the following motion seconded by Mr. Carr that the application be forwarded to the Board of Supervisors with a recommendation of approval for four (4) months with the following conditions: Page 497 1. That there be no lightning on the facility. 2. That there be no operation after dark. 3. That a de -acceleration lane be installed at the entrance on Route 250 according to State Standards. The motion was carried unanimously by those members present. 3. Site Plans: 1. Professional Office Building, Route 250 West behind"Galleries Three" containing 12,000 sq. feet. The Site Plan was approved subject to Highway Dept. approval on entrances and exists on Route 250 and approval of on=Site Drainage facilities by the County Engineer. 2. Greenbriar Limited Partnership -Peyton Property. The Site Plan was approved with conditions on June 7, 1971.Developers are asking at this meeting reconsideration of the 80 foot setabck from Route 743(Hydraulic Road) and change of wording regarding provisions of utilities. The applicant requested a 45 foot setback from Route 743 instead of 80 feet. After a discussion the condition of, "that the applicant negotiate with the County for Sewer and Water" was changed to "provide for adequate sewer and water". Action on the request for reduction of the 80 foot setback from Route 743 was deferred until the next meeting to permit the secretary to investigate previous action regarding setbacks imposed on Highways in the general area. 4. North Rivanna School Site: The access road to the proposed new school was discussed. It was the concensus of the Commission that the road should be constructed to State Standards. 5. At this time representatives of Albrene Stone Co. discussed with the Commission approaches to the sale of company housing to the existing residents. The only Clear Cut answer is the rezoning of the several parcels of land, however, this posed a problem as to establish a trend in the area which is not necessarily good as F;t relates to the objectives of development in the County. No action was taken. ' 6. Willoughby Planned Community: This was the presen- tation of the Planning Commissions Committee appointed to investigate the feasibility of providing for a school site within the Planned Community of"Willoughby". The Committee was established at the December 14, 1970 meeting of the Commission. The Commission had approved the ZMP-147 and SP-88 relating to the Planning Community of Willoughby, subject to five (5) conditions as found in the minutes of December 14, 1970. Page 498 Condition Item number 4 was changed to read, 4. That the applicant entered into an agreement with the County to reserve within the "Willoughby Planned Community" a thirteen (13) acre possible school site in the Southeast portion of the project along Moores Creek. The agreement is to remain in effect until such time as 60% of the residential development as shown on the Master Site Plan is constructed, at which time the proper official of the County has made a determination as to the need for a school at this location. Such a decision may take place before the 60% completion term. The Planning Commission reaffirmed its previous. approval with the subject amendment to Item 4 of the conditions setforlh on Page 445 of the minutes of the Albemarle County Planning Commission. 7. At this time the Chairman recognized Mr. Tom Conger, City of Charlottesville Planner who presented the present plans and recommendations pending before the City Council regarding the City's Major thoroughfare plan for the Commission's information. 8. At this time representatives of Albemarle Town- houses development re0orted to the Commission that they had been unsuccessful in their attempts to purchase or swap land with the Church in the area to afford a more direct access to Rio Rd. (Park Street) extended, to prevent traffic traverse the existing single family development in the City. The Commission having exhausted all avenues to provide for better access approved the townhouses development as originally submitted subject to' the provisions of the townhouse ordinance. 9. Mr. Pat Hayden, representing H. H. Tiffany and ZMP-167 submitted information relating to the capacity of the existing well systems and its capability to serve a possible 8 lots under R-1 Zoning. The concensus of the Commission was that the present well system was sufficient for a of 21 lots. After the discussion Judge Amato made the following motion seconded by Mr. Staley that ZMP-167 be approved for R-1 Zoning inkeeping with the existing development adjacent there to The motion was carried by a majority vote of those present. 01 Page 499 10. At this time the scheduled work session on the Comprehensive Plan was rescheduled for June 21, 1971 at 7:30 P.M. in the County Office Building. There being no further business the meeting was adjourned. Secretary .V Page 500 ' MINUTES ALBEMARLE COUNTY PLANNING COMMISSION JUNE 21, 1971 Members present: Dr. Avery Catlin, David W. Carr, Louis B. Staley, Dr. Sams, Henry Page, Cecil Maupin,and Judge Amato., also Jim Parks. William Roudabush and Mr. Lloyd Wood were absent. A Quorum was established. At this time the Chairman asked the Commission if they desired to consider previous action relating to setbacks from Hydraulic Road in connection with the Site Plan for "Peyton Property". It was the concensus that consideration be given. The Secretary presented his report elaborating on action taken regarding setbacks on Site Plans since the adoption of the Planning Commission policy on December 2, 1968. A discussion followed relating to the need to preserve future R/W on major secondary roads, and previous action on preservation of R/W on all major roads. After the discussion Mr. Carr made the following motion, seconded by Judge Amato, that the Site Plan for apartments on the "Peyton Property" as submitted by Mr. Chuck Rotgin be approved as approved on June 7, 1971 by the Commission with a reduction from the 80 foot setback from Hydraulic Road as approved previously , to a 60 foot setback from the Right-of-way of Hydraulic Road. The motion carried by a majority of those present. At this time the Chairman called for the work session on the Comprehensive Plan as scheduled. The Chairman requested that each member of the Commission elaborate on their comments regarding the plan with any recommendations they might have. This was done as well as a review and comment on individual communication that had been received regarding the plan. Mr. George Cason, Mr. Wendell Wood and Mr. Bob Coles and Mrs Marvin Rosenblum participated in the discussion as interested citizens. The result of the work session is recorded as follows: 1. A motion was made in the form of a resolution by Dr, 1,„ Sams which was seconded by Mr. Carr and unanimously adopted which reads as follows: "The Albemarle County Planning Commission hereby indicates its intention to use the Comprehensive Plan for Albemarle County as a guide only, and they hereby go on record as favoring; at the present time, only those changes in the Zoning Map that would establish conservation and agriculture zones in conformity with the Comprehensive Plan,"Land Use Map" in the areas zoned A-1 on the current Zoning Map. Page 501 Further, that those portions of the County currently zoned other than A-1 and those areas designated as "Village Communities" and Urban Area" on the "Land Use Map" will not be considered for rezoning as a necessary consequence of adoption of the"Comprehensive Plan", but may be considered later by the following, the procedure indicated in "Article 14 of the County Zoning Ordinance.." 2. The removal from the "Keswick .Community" of all areas suggested for industrial use. Those areas being the mixed Commercial -Industrial designation of land on Route 22 and the 200 acre area located at the I-64 and Route 616 interchange, being bound by I-64 Route 616 and Route 250 East. This action was taken by a majority ofthe members present. 3. The Village center of lower Afton was removed from the Comprehensive Plan and the "Greenwood Village" was established in its place. The "Greenwood Village" is described as having its center at the intersection of Routes 690 and 691. This was done by a majority of those members present. 4. In the Proposed Community of Scottsville the mixed industrial and commercial area on Route 6 was removed from the plan and relocated in the area between Route 726 and the present"Uniroyal Site" on the James River. This action was taken by a majority of those members present. �40W- This concluded the action on amendments to the Plan. There did occur a lengthy discussion on the recognition of strip commercial land between Rio Road (Route 631) and the south fork of the Rivanna River. No action was taken. The secretary was instructed to forward to Mr. Rosser Payne, Consultant the comments of "Citizens for Albemarle", in part, to ascertain whether those comments were covered in the "Goals and Objectives" as found commencing on Page 53 of the Comprehensive Plan. There being no further business the meeting was adjourned. Secretary Page 502 MINUTES ALBEMARLE COUNTY PLANNING COMMISSION JULY 12, 1971 The Albemarle County Planning Commission met on July 12, 1971, in the County Court House at 7:30 P.M., Charlottesville, Virginia. The following members were present: Dr. Avery Catlin, Chairman; David W. Carr, Vice -Chairman; Louis B. Staley, Dr. James Sams, Henry Page, James Parks Cecil Maupin, Judge Savory Amato, William Roudabush, and Lloyd Wood, Jr. The meeting was called to order and a quorum established. The minutes of June 7, June 14, and June 21, 1971, were approved. At this time the Chairman called for the scheduled Public hearings. A. ZMP-170. Walter A. Young. To rezone 5.32 acres from A-1 to R-1. Property is situated in the Greenwood Area at the end of a private road intersecting with Route 691. Property is described as County Tax Map 54, Parcel 41 I, White Hall' Magisterial District. The request for R-1 zoning under ZMP-170 was recommended for denial. B. ZMP-171. Land America Corporation. To rezone 6.05 acres from A-1 to B-1. Property is situated on Route 20 North with frontage also on Route 1451 (Old Proffit Road), behind property fronting on Route 250 West. Property is described as County Tax Map 78, Parcels 2(3A), 4A, and 4B. Rivanna Magisterial District. The request for B-1 zoning under ZMP-171 was recommended for approval. C. SP-119. Howard Leavitt. Applicant wishes to locate a Mobile Home on property situated in the area of Bungletown near Alberene north of Route 630 on a private easement. Property is described as County Tax Map 119, Parcel 34, containing 15.07 acres in the Scottsville Magisterial District. The request for a mobile home was approved subject to the staff conditions. D. SP-118. Albert C. Shifflett. Applicant wishes to locate a Mobile Home on 2.0 acres situated south of Route 668 in the Browns Cove Area. Property is described as County Tax Map 15, Parcel 20 (part thereof). Whitehall Magisterial District. The request under SP-118 for the location of a mobile home was approved subject to the staff conditions and the submittal of a plat locating the 2.0 acre parcel correctly. Page 504 The staff was instructed to prepare these possible amendments to the written text of the Plan, in a form for discussion and consideration at a work session meeting established for Thursday, July 15, 1971, commencing at 5:30 P.M. in the Board of Supervisors meeting room. There being no further business the meeting was adjourned. Secretary Page 505 MINUTES ALBEMARLE COUNTY PLANNING COMMISSION WORK SESSION COUNTY COMPREHENSIVE PLAN July 15, 1971 This was a special meeting of the Planning Commission held on Thursday, July 15, 1971, at 5:30 P.M. in the Board of Supervisors meeting room to consider the Albemarle County Comprehensive Plan as presented by Mr. Rosser Payne, County Planning Consultant, with the following members present: Dr. Avery Catlin; Messrs. Carr, Parks, Roudabush, Staley, Sams, Amato and Page. Mr. Lloyd Wood was also in attendance. Mr. Cecil Maupin was absent. A general discussion was held on a written amendment to the "goals and objectives"section of the plan (Page 53-144 of the plan) with the following actions: A. Include the following statements as additions to the section on "Goals" as found on page 53: Respect conservation values, including the preservation of stream valleys, mountain slopes, watersheds, areas of scenic and natural beauty, and other open space areas. Respect the values and objectives of forestry and agriculture as an employment base; and as a means of defining and containing urban communities, while guaranteeing the preservation of open lands which establish the character and beauty of Albemarle County. In order to effectively implement the comprehensive plan, the forthcoming revised subdivision control, siltation control, and zoning ordinances, the new site development plan control ordinance, and a model ordinance for "special assessments" of agricultural, forest, horticultural or open space real estate should be adopted respectively, without delay. B. Add to "General Objective" under Item 2, on page 54 ,the following: "and the maintenance of such land shall be incouraged." C. Change the Phrase "as mapped by the U. S. Geological Survey" to "as mapped by the U.S. Corps of Engineers". In addition delete the Phrase "and adopted by the Board of Supervisors". D. Add a new second on Page 79 to be entitled "Agriculture Objectives" and to read as follows: Page 506 "Agriculture lands are designed primarily to accomodate farming and kindred rural occupations while the basic aim is to preserve and promote this utilization of the land, the uses permitted are broad enough to allow development of residential areas as wool it is recognized that certain desirable rural areas may logically be expected to develop in this manner. It is the intent, however, to discourage the random scattering of residential, commercial, or industrial uses in this type of district." E. Under "A Suggested Program of Action" on page 113 under Item 1, change the word "breeds" to read "incourages". This occurs in two places. F. Under "a Suggested Program of Action" on page 113, add a 14th item to read - "Participate in regional planning and cooperation through Planning District 10 to provide the most efficient use and preservation of our natural resources." Discussion was held at this time on the merits of removing from the proposed "Ivy Community Cluster" the "Heavy Industrial" land use located south of Route 738. A motion and seconded to cover this removal failed by a 4-4 vote. Discussion was held on the merits of resending previous action on the two removal of land use in actions occuring after which a motion was made by Mr. Staley, seconded by Mr. Page that the "light industrial" land use in the Route 616, 250 and interstate 64 area, be replaced on the Keswick Community Cluster, resending previous action involving the removal of said area. The motion carried by a majority of the members present. The mixed Commercial and Heavy Industry area on Route 22 is to be excluded from the "Keswick Cluster". All other action taken previously regarding the "land use map" remains in effect. The Commission received, as information, a letter from Mr. Stevens of Stevens Realty, regarding certain lands in the County for consideration under the Comprehensive Land Use Map. A petition signed by residents of the Ivy Community was also received ,,, - and discussed. At this time Mr. Carr made the following motion, seconded by Mr. Parks, Page 507 that the Albemarle County Comprehensive Plan as prepared by Mr. Rosser Payne, ,,, Planning Consultant, and as amended by the Albemarle Planning Commission, be forwarded on to the Albemarle County Board of Supervisors for their consideration and adoption. The motion was approved unanimously and the secretary was instructed to prepare a letter of transmittal for the Chairman's signature. The motion is also to include the resolution made by Dr. Sams regarding the intent and effect of the Plan, adopted by the Commission on June 21, 1971. There being no further business the meeting was adjourned. Secretary son Page 508 MINUTES ALBEMARLE COUNTY PLANNING COMMISSION AUGUST 2, 1971 The Albemarle County Planning Commission met on August 2, 1971, in the Albemarle County Court House at 7:30 P.M., in Charlottesville, Virginia. The following members were present: David W. Carr, Vice -Chairman, Cecil Maupin, Henry Page, James Parks, Dr. James Sams, Louis Staley, and William Roudabush. Also attending were Mr. Lloyd Wood and T. M. Batchelor, Jr. Avery Catlin was absent. The secretary established that a quorum was present. The minutes of July 12 and July 15, 1971, were approved as submitted. At this time the Chairman called for the scheduled Public Hearings. A. ZMP-172. Coggins Motor Company. to rezone 8.76 acres from R-2 to B-1. Property is located on Route 29 North across from Woodbrook Subdivision and is described as County Tax Map 45, Parcel 93 A Charlottesville Magisterial District. YNN Approved unanimously as submitted, upon motion of Mr. Maupin, seconded by Mr. Parks. B. ZMP-173. M.A. Price andEddie Wood. To rezone 31.88 acres from A-1 to B-1. Property is located off of I-64 at Yancy Mills and is described as County Tax Map 55, Parcel 19, Samuel Miller Magisterial District. Request was denied unanimously upon motion by Mr. Parks, seconded by Dr. Sams. Mr. Schumate presented the petition for the applicant. Mr. Richmond, Attorney representing Mr. & Mrs. Plumber, presented a petition with 154 signatures in opposition. Those appearing in opposition were: 1. Mrs. Rogers, resident in immediate area 2. Wendel Jackson - Owner of the Cedars 3. Boyce Loving The items presented for the opposition included: 1. Detriment to historic buildings in the area. 2. Highway Safety 3. Sufficient service stations in area 4. Visual Pollution 5. Not compatible with objectives of the Comprehensive Plan. Page 509 C. ZMP-175. S. L. Corporation. To rezone 26.09 acres from A-1 to B61. Property is located on Route 250 West near Route 240 and 635 and is described as County Tax Map 56, Parcels 109 B, 110, 110 A, 110 B, 110 C, 110 D, 110 E. Samuel Miller Magisterial District. The request was approved unanimously as submitted upon motion by Mr. Parks, seconded by Mr. Maupin. A motion was made by Mr. Page, seconded by Mr. Staley to refer to the committee to study the request for rezoning. This motion failed. Mr. Steve Helman, Attorney, represented the applicants. Mr. Mulls, resident of the area, appeared in opposition by reason of its non-compliance with the Master Plan. D. ZMP-176. Charles W. Hurt, To rezone 180 acres from A-1 to R-1. Property is located on Route 784 and 640 near Stony Point and is described as County Tax Map 34, Parcels 25, 25 A, 25 B, 25 C, 25 D, 38 and 38 A; County Tax Map 48, Parcels 5 and 5 A. Rivanna Magisterial District. The request was unanimously denied upon motion by Mr. Parks, seconded by Mr. Page. The commission found the request not compatible with the area and premature on the basis of inadequate public facilities to serve it. ( Road, sewer, water) Mr. Max Evans and Mr. Hake presented the petition for the applicant. Those appearing in opposition were the following: 1. G.R. Paschall 2. G. Shackelford 3. Mr. Henderson 4. Others E. SP-121. Tom Mills. Applicant wishes to place a mobile home on property located on Route 601 north of Route 676 near Free Union, Virginia. Property which contains 6.5 acres is zoned A-1 and is described as County Tax Map 43, Parcel 41, Ivy Magisterial District. Approved unanimously with conditions. 1. 100-foot setback 2. Health Department approval of a septic system. F. SP-122. Julia M. Knight. Applicant wishes to locate a grocery store and service station on property located on Route 20 at Eastham, Virginia. Property which contains 1.75 acres is zoned A-1 and is described as County Tax Map 63, Parcels 5A, and 54 (8). Rivanna Magisterial District. Page 510 The request was tabled for more information. G. SP-123. Robert M. Yowell. Applicant wishes to place a permanent VOSOO mobile home on 4.425 acres of land located on Route 628 off of Route 810 near Boonesville, Virginia. Property which is zoned A-1 is described as County Tax Map 8, Parcel 2A. White Hall Magisterial District. The request was approved unanimously with conditions. 1. 100-foot setback from Route 628 2. Health Department approval of a septic system. H. SP-124. Rev. Temple S. Collins. Applicant wishes to place a perma- nent mobile home on 3.70 acres of land located on Route 649 near the Albemarle -Charlottesville Airport. Property which is zoned A-1 and is described as County Tax Map 32, Parcel 41 C and 41 F. Rivanna Magisterial District. The request was approved for one year with Health Department approval. Permit renewal at the end of one year by the Zoning Administrator. The vote was unanimous. I. CU-146. Virginia Electric & Power Company. Applicant wishes to place an electric substation on 1.76 acres of land zoned A-1 Agricultural. Property is located on Route 782 in the Nob Hill Subdivision and is described as County Tax Map 76 B, Lots 1-7. Applicant also wishes to construct a transmission power line on.,a Route near Route 708 south of Charlottesville on a line parallel to Route 631 to the proposed Electric Substation. The request was deferred until September 13, 1971.. A field inspection by the commission is to take place on August 9, 1971 at 5:45 P.M. There being no further discussion the meeting was adjourned. Secretary Page 511 MINUTES "%,,,,,,,, ALBEMARLE COUNTY PLANNING COMMISSION SEPTEMBER 13, 1971 This was a regular meeting of the Albemarle County Planning Commission held on Monday, September 13, 1971, commencing at 7:30 P.M. in the Ciounty Court House with the following members present: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin; Savory Amato; Louis Staley; James Sams; William Roudabush; and James Parks. Also attending was Mr. Lloyd Wood. Absent: Mr. Henry Page. The Chairman called the meeting to order and established that a quorum was present. The minutes of August 16, 1971, were not ready for approval. At this time the Chairman called for the Public Hearings as scheduled. A. Zmp-177. B.E.C.A. Corporation. To rezone 16.64 acres from R-2 to R-3. Property is located on Route 631 northeast of Berkeley and Four Seasons, and is described as County Tax Map 45, Parcels 26C and 26. Charlottesville Magisterial District. The staff presented his report stating that the petition had been amended from 16.64 acres of R-3 zone to 11.64 acres of R-3 zoning. Mr. Max Evans, landscape architect, representing the appli- cant, presented the petition. Numerous persons appeared in opposition to the request stating their concern relating to environment, traffic, lack of sewer capacity, and schools. After a lengthy discussion, Mr. Parkes made a motion to grant 4 acres of R-3 zone to be centered with the 11.69 tract. Page 512 Mr. Carr seconded the motion. After a discussion on the motion Mr. Park* and Mr. Carr accepted an amended motion which was passed by a 7-1 vote. That motion was that R-3 zoning be granted on the subject property with exception of a 150-foot strip, to remain R-2, described as being a 150-foot strip paralleling the property lines of "Berkeley Subdivision, Four Seasons Planned Community," and property lines of 5 parcels with front on Route 631 and which abutt the subject property. B. CU-146. Virginia Electric & Power Company. Applicant wishes to place an Electric Substation on 1.76 acres of land zoned A-1 Agriculture. Property is located on Route 782 in the Nob Hill Subdivision and is described as County Tax Map 76B Lots 1 through 7. Applicant also wishes to construct a transmission power line on a Route near Route 608 south of Charlottesville on a line parrallel to Route 631 to the proposed Electric Substation. This was an adjourned public hearing to obtain additional information. A lengthy discussion and presentation was held by 1 the Commission and representatives of VEPCO. It was ascertained that the cost of underground transmission for the facility was estimated to be $7,957,000 as compared to $1,286,000 for over- head. It was noticed that the towers would go as high as 140- feet in height with a 120-foot right-of-way. Numerous persons in the audience spoke on the proposal. Mr. William Perkins, Attorney, and a Mr. Marshall, a VEPCO engineer, represented the application. After the lengthy discussion it was the con - census of the Commission that action be deferred until VEPCO can present an estimate on the right-of-way paralleling the railroad right=of-way located West of the proposed right-of-way, and the staff receives additional information regarding the cost of underground transmission lines. Page 513 C. ZMP-178. Wendell Wood. To rezone 1.5 acres from R-2 Residential to B-1 Business and 9.25 acres from R-2 Residential to R-3 Residential. Property is located ON east side of Rio Road (Route 631) at the intersection' of Hydraulic Road (Route 743). Property is described as Tax Map 61, Parcel 12. Charlottesville Magisterial District. The staff presented its report, after which Mr. Wendell Wood, contract purchaser of the subject land presented the petition. Numerous persons from the audience spoke in opposition J. the request. It was noted that a reduction from 1.5 acres toO.7 acres of B-1 was in order to comply with the actual survey. After a general discussion Mr. Maupin made the following motion, seconded by Mr. Amato, that ZMP-178 be approved as sub- mitted. The motion carried unanimously. D. ZMP-180. Mary E. Schultz. To rezone 2.05 acres from A-1 Agriculture to R-2 Residential. Property is located in northwest corner of the intersection of State Route 788 and 789 in the Crozet area. Property is described as Tax Map 55, Parcel 51. White Hall Magisterial District. After public hearing and discussion, Mr. Carr made the fol- lowing motion, seconded by Mr. Parks, that ZMP-180 be approved for RS-1 zoning. The motion carried unanimously. E. ZMP-181. Charles F. and Marjorie F. Sargent. To rezone from A-1 Agriculture to RS-1 Residential. Propertv is located on State Route 743, approximately one-half mile north of the intersection of Route 743 with Route 676. Property is described as Tax Map 45, Parcel 31C. Char- lottesville Magisterial District. After public hearing and discussion Mr. Parks made the following motion, seconded by Judge Amato, that ZMP-181 be approved as submitted. The motion carried by a unanimous vote. F. ZMP-183. Eugene H. and Ethel B. Sandridge. To rezone 1.26 acres from A-1 Agriculture to B-1 Business. Prop- erty is located at the intersection of Route 250 West and 240 at Mechum River. Property is described as Tax Map 57, Parcel 31A (part thereof). White Hall Magisterial District. Page 514 After the public hearing and discussion Mr. Maupin made the following motion, seconded by Mr. Carr, that ZMP-183 w„ be approved as submitted. The motion carried by a unanimous vote. G. ZMP-184. Morris Bryant. To rezone 1.8 acres from R-2 Residential to A-1 Agriculture. Property is located at the terminus of State Route 651. Property is des- cribed as Tax Map 62, Parcel 7. Rivanna Magisterial District. After the public hearing and discussion Dr. Sams made the following motion, seconded by Judge Amato, that ZMP-184 be denied. The motion carried by a 6-2 vote. H. ZMP-186. Virginia Department of Highways. To rezone 8.593 acres from RS-1 Residential to A-1 Agriculture. Property is located some 600 feet east of the inter- section of State Routes 759 and 616 on Route 759 Boyds Tavern area. Property is described as Tax Map 94, Parcel 25B (Part thereof). Rivanna Magisterial District. After the public hearing and discussion, Mr. Carr made the following motion, seconded by Dr. Sams, that ZMP-186 be denied. The motion carried by a unanimous vote. I. SP-136. Frank A. Harris. Applicant wishes to place a mobile home on 4.4 acres zoned A-1. Property is lo- cated on Route 728 and is described as Tax Map 115, Parcel 41A. Scottsville Magisterial District. Approved with conditions as follows: that there is a 100-foot setback from Route 728 and Health Department approval of a septic system. J. SP-126. Thomas G. Beasly. Applicant wishes to locate a mobile home on 3.13 acres of land. Property is located on Route 800, one quarter of a mile north of Route 602. Property is described as Tax Map 126, Parcel 34.. Scottsville Magisterial District. Approved with conditions that there is a 100-foot setback from Route 800 and health Dept. approval of a septic system. Page 515 K. SP-129. Louise Ramsey. Applicant wishes to locate a mobile home on 0.5 acres of land located at the inter- section of Route 6 and 630. Property is described as Tax Map 126, Parcel 28A. Scottsville Magisterial District. Approved with conditions that there is a minimum 50-foot setback from the right-of-way of Route 630 and Route 6 and Health Dept. approval of a septic system. L. SP-131. Evalyn Brown. Applicant wishes to locate a mobile home on 1.01 acres near the intersection of Route 708 and 631. Property is described as Tax Map 100, Parcel 33A. Scottsville Magisterial District Approved with conditions that there is a 100=foot setback from Route 631 and Health Dept. approval of a septic system. M. SP-132. Morris Bryant. Applicant wishes to locate a mobile home on 1.80 acres of land located at the end of Route 651 in a proposed A-1 Agriculture zone. Property is described as Tax Map 62, Parcel 7. Rivanna Magisterial District. I..• The Commission did not hear this petition by reason of a negative vote on ZMP-184. N. SP-133. M.J. Wood. Applicant wishes to locate a Gun Club -Shooting area on 3.9 acres in the Earlysville area just off Route 660. Property is described as Tax Map 31, Parcel 10E. Rivanna Magisterial District. Planning Commission by a unanimous vote denied the petition. 0. SP-134. James Floyd Bro.wn. Applicant wishes to locate a Gun Club -Shooting area on 6.23 acres in the Earlysville area just off Route 660. Property is described as Tax Map 31, Parcel 10F. Rivanna Magisterial District. The Planning Commission by a unanimous vote denied the request. It now being 11:58 P.M. the Chairman adjourned the meeting until 7:30 P.M., Monday, September 20, 1971, to complete this agenda. ecretary Page 516 MINUTES ALBEMARLE COUNTY PLANNING COMMISSION September 20, 1971 This was a regular meeting of the Albemarle Planning Com- mission, held on Monday, September 20, 1971, to consider items not heard at the September 13, 1971, meeting and to convene a work session on a proposed Soil and Sedimentation Ordinance, with the following members present: Messrs: Catlin, Chairman; Carr, Vice -Chairman; Parks; Roudabush; Sams; and Staley. Also attending was Lloyd Wood, Board member. Absnet: Messrs: Page, Amato and Maupin. The Chairman called the meeting to order and established that a quorum was established and items on the agenda were discussed. A. Preliminary of "Merriwether Hill" Subdivision to be located on State Route 678. Phase I, containing 26 lots in an RS-1 zone, prepared by William S. Roudabush, Jr. Mr. Roudabush excused himself from discussion and voting as a Planning Commission member. The plat was approved subject to review by the Soil and Water Conservation District for erosion prevention, perculation test on all lots, and review by County Engineer regarding on - site drainage easements and de-eXeleration land on Route 686 at Kimbough Drive. B. Restricted Road for a two acre parcel located within a 257 acre tract of land at the end of State Route 668 north of Monfair, known as "Walnut Level". Approved as submitted. C. Site Plan for a branch of "National Bank and Trust Co." with related retail stores. The facility is to be located in the southeastern quadrant of Route 29 Page 517 North and Rio Road, prepared by Steinbach and Scribner date 27 August 1971. Approved subject to deoeceleration land on Route 29 North, County water, and if feasible an internal road connection with the land of Montague and Miller where a potential Shopping Center is proposed. D. Site Plan of "Sheraton Inn" and related restaurant located in the southeastern quadrant of I-64 and Route 250 East, prepared by William W. Bond, Jr. and Associates. Approved subject to review by County Engineer, Highway Department, and dedeceleration land on Route 250 East. It was noted a package treatment plant is to be provided to serve the facility which has been approved by the State Water Control Board and Health Department. E. "Spring Hill Estates" preliminary involving a restricted road t,o serve four lots. Located north of Glenaire Subdivision off Route 676, prepared by Machie Engineering Co., dated 8-24-71. Approved as submitted in keeping with the objectives of Restricted Roads, and with the elimination of the 5-foot spike strip between the road and property line. At this time the Chairman recognized Mr. Barry Marshall, County Attorney, who presented to the commission the referral of the "proposed Soil and Sedimentation Ordinance". A public hearing on the subject ordinance was established for October 18, 1971, with a work session scheduled for September 27, 1971 . At this time the Chairman recognized Mr. Rosser Payne, County Planning Consultant, who presented the proposed "Site Plan Ordinance" Page 518 A work session was scheduled for October 25, 1971, to consider the ordinance with engineers and surveyors in attendance. *90*4 There being no further business, the meeting was adjourned. Secretary En Page 519 MINUTES `%0. ALBEMARLE COUNTY PLANNING COMMISSION September 27, 1971 This was a special meeting of the Commission to consider the referral of a Soil and Erosion Control Ordinance by the Board of Supervisors, with the following members present: Messrs. Catlin, Carr, Staley, and Parks. Also attending were Mr. Tom Batchelor, County Executive; Forbes Rebach, Attorney; Edward Wood; Mrs. Francis Martin; members and representatives of the committee charged with the development of the ordinance. The secretary elaborated on the history of the document presented for Commission review and the minority report as filed. A lengthy discussion followed with participation from Mr. Forbes Rebach and members of the mentioned committee. At the termination of the discussion, it was the consensus of those members present that an additional work session was needed to hear from Mr. Barry Marshall, County Attorney, re- garding the "bond and escrow" provisions within the ordinance and further opinions regarding an appeal section. This work session was set for October 11, 1971 at 7:30 P.M. It was also the consensus of the commission members present that Section 3: Submission of Plans and Specifications be changed. In this regard, beginning with line 6 of Section 3, wording is to be changed to remove the authority of the County Planner, the discretionary power relating to what he may deem normally adequate, and replace it with reference to the State Page 520 Soil and Water Conservation District and the Albemarle County Soil and Erosion Handbook. There being no further business, the meeting was adjourned. ecretary FFA Page 521 MINUTES ALBEMARLE COUNTY PLANNING COMMISSION October 4, 1971 This was a regular meeting of the Albemarle Planning Commission, held on Monday, October 4, 1971, in the Albemarle County Court House at 7:30 P.M., in Charlottesville, Virginia. The following members were present: Avery Catlin, Chairman, David W. Carr, Vice -Chairman, Cecil Maupin, James Parks, Dr. James Sams, William Roudabush, and Savory Amato. Lloyd Wood was also present. Louis Staley and Henry Page were absent. The Chairman called the meeting to order and established that a quorum was present. The minutes of September 13, 1971, September 20, 1971, and September 27, 1971, were deferred approval at this time. At this time the Chairman called for the Public Hearings as scheduled. A. ZMP-182. Mrs. A.E. Cutright, Sr. To rezone approximately 27,500 square feet from A-1 Agriculture to B-1 Business and 39,000 square feet from A-1 Agriculture to R-2 Residential. Property which is located on Route 708 at Route 29 is described as Tax Map 88, part of Parcel 8. Samuel Miller Magisterial District. The staff presented its report stating that such zoning would not meet objectives of the Comprehensive Plan as adopted by the Board of Supervisors and would be spot zoning. Mrs. Ashby and Mr. Daniel C. Morris appeared in opposition to the request. Dr. Sams made the motion, seconded by Mr. Amato, that ZMP-182 be denied in keeping with the staff report. The motion carried unanimously. B. CU-147. James F. Slosson. Applicant wishes to locate a sewerage treatment plant on property zoned B-1 Business located at the Route 250, I-64 Interchange, east of Charlottesville. Property is described as Tax Map 78, Parcel 45. Rivanna Magisterial District. After public hearing and discussion, Mr. Amato made the follwoing motion, seconded by Mr. Parks, that an opinion on the matter be obtained from a Page 522 representative of the State Water Control Board and be deferred until October 18, 1971 meeting. C. SP-138. Greenbrier -Rutledge Swim Club. Applicant wishes to expand swimming and recreational facilities on property zoned R-2 Residential. Area is located on Route 651 at the Southern Railroad just east of Hunnington Road, and is described as Tax Map 61, Parcels 160 A, 160 B, 160 C. Rivanna Magisterial District. Mr. Iachetta presented the petition for the Swim Club. Mr. Maupin made the following motion, seconded by Mr. Roudabush, that SP-138 be approved as submitted. The motion carried a unanimous vote. n D. SP-139. Mary V. Harlow. Applicant wishes to locate a permanent mobile home on 33 acres of land zoned A-1 Agriculture. Property is located on Route 729 North of Route 618 and Route 728, and is described as Tax Map 105, Parcel 29. Scottsville Magisterial District. Approved with conditions as follows: 50-foot setback from the right-of- way fronting this property, and Health Department approval of a septic system. Motion by Mr. Roudabush and seconded by Dr. Sams. The motion carried by a unanimous vote. E. SP-141. H.C. Lewis. Applicant wishes to locate a permanent mobile home on property zoned A-1 Agriculture. Property is located off Route 627, approximately 600 feet north of Route 627 and Route 6, and is described as Tax Map 128, Parcel 99 A. Scottsville Magisterial District. After lengthy discussion Mr. Carr made the following motion, seconded by Mr. Amato, that if Mr. Lewis finds a legal right-of-way to his property, request is approved. Otherwise, applicant should be instructed to appear. The motion carried by a unanimous vote. F. SP-142. Elmer C. Martin. Applicant wishes to locate a permanent mobile home on 10.92 acres of land zoned A-1 Agriculture. Property is located on Route 618 approximately one-half mile northeast of Woodridge, and is described as Tax Map 115, Parcel 47 C. Scottsville Magisterial District. Approved with following conditions: 100-foot setback with Health Department approval of a septic system. Motion made by Dr. Sams and seconded by Mr. Parks. The motion carried unanimously. Subdivision: A. Restricted Road -serving two parcels of land (Parcel B containing 1.34 acres and Parcel A containing 3.05 acres). A portion of Meriwether Hill Page 523 Subdivision near Ivy, just off Route 678. Walter Cushman, owner. Mr. Roudabush excused himself from discussion and voting as a Planning Commission member. Mr. Cushman, contract purchaser, presented his petition. Dr. and Mrs. Timber- lake and their lawyer Mr. Landess also appeared. There was much discussion as to the feasibility of a restricted road so close to a subdivision and to other alternatives that Mr. Cushman and Dr. and Mrs. Timberlake could take. Mr. Amato made the following motion, seconded by Mr. Parks, to defer this matter to give Dr. & Mrs. Timberlake and Mr. Cushman the opportunity to decide what they want to do. Site Plan: A. W.E. Bell property - Commercial *%WO Mr. Max Evans presented the petition for the applicant. The site which would be located on Hydraulic and Georgetown Roads would have an entrance which would be a hazard to traffic. After lengthy discussion, it was decided that this should be taken to the Board of Zoning Appeals for consideration of a variance from the SO -foot requirement in back of the site. There being no further business, the meeting was adjourned. Secretary Page 524 MINUTES ALBEMARLE COUNTY PLANNING COMMISSION October 11, 1971 This was a special meeting held to discuss the proposed Soil Erosion and Sedimentation Ordinance, and its inclusion under a new "Land Subdivision and Development Ordinance," with the following members present: -Dr. Avery Catlin, David Carr, Savory Amato, and Dr. James Sams. Also attending was LLoyd Wood. Absent were: Messrs: Page, Maupin, Staley, Parks, and Roudabush. The secretary presented the ordinance in the form that it will go to the public hearing. He also presented the three items of concern to the commission, that were brought forth at the regular meeting of October 4, 1971. The items discussed, ,, OW with the assistance of Mr. Barry Marshall, County Attorney, were: 1. Review - appeal provision within the ordinance. A review procedure has been included in the ordinance under Section 5 entitled Review by Planninq Commission. 2. Inclusion of a referral to the "Technical Handbook" as it relates to what the County Planners may deem appropriate in any submission of plans. 3. Legal classification on why a Bond or Escrow require- ment should not be included within the ordinance to insure compliance with any adopted plan. The consenus of those members present was that the public hearing scheduled for October 18, 1971, be held on schedule with the ordinance as presented at this work session. Secretary IV Page 525 MINUTES ALBEMARLE COUNTY PLANNING COMMISSION OCTOBER 18, 1971 This was a regular meeting of the Albemarle County Planning Commission held on Monday, October 18, 1971, commencing at 7:30 P.M., in the County Court House with the following members present: Avery Catlin, Chairman; David Carr, Vice - Chairman; Cecil Maupin; Louis Staley; Dr. James Sams, William Roudabush; James Parks; and Henry Page. Absent: Mr. Savory Amato. Also attending was Mr. Lloyd Wood, Jr. The Chairman called the meeting to order and established that a quorum was present. The minutes of September 13, 1971, September 20, 1971, September 27, 1971, October 4, 1971, and October 11, 1971, were approved with corrections to all except the October 11, 1971 minutes. At this time, the items on the agenda were discussed. A. CU-147. James F. Slosson. Applicant wishes to locate a sewerage treatment plant on property zoned B-1 Business located at the Route 250, I-64 Interchange, east of Charlottesville. Property is described as Tax Map 78, Parcel 45. Rivanna Magisterial District. The opinion of Mr. Prager of the State Water Control Board was received as requested by the Commission. His comment was that the plans had not been approved by the State Water Control Board. The plans are now at the Lexington Health Department. A period of thirty days or one month will be given for these plans to reach the State Water Control Board and a public hearing scheduled, and that the treatment, with possible amendments, would have to meet the no degredation standards established for "Shadwell Creek". Mr. George Gilliam, attorney for Mr. Slosson, spoke in behalf of the ap- plicant. Mrs. Martin spoke in opposition to this request stating that tertiary treatment should be imposed. Page 526 /, 1 1'-Ji i After public discussion, Mr. Carr made the following motion, seconded by Mr. Parks, that it be approved subject to a tertiary plant unless the applicant, after his discussion with Mr. Humphrey and the State Water Control Board, plans to go the 10,000 feet to whatever system is available to him. The plant should be constructed to meet tertiary treatment standards unless the applicant wishes to hook-up to existing public sewer system. Final approval will be needed from the State Water Control Board, Health Department, and County Engineer. The Staff recommends that additional information be submitted for considera- tion and approval by the County Engineer. This information is needed for such time as the County takes over this plant, being: 1. Elevation of lines. 2. Kind of pipe to be used. 3. Name of the registered Engineer who prepared the plans and the name of the firm furnishing the equipment. This information to be placed on the plans. 4. Confirmation from the Health Department regarding the approval of the well site. The motion carried a unanimous vote. B. SP-141. H. C. Lewis. Applicant wishes to locate a permanent mobile home on property zoned A-1 Agriculture. Property is located off Route 627, approximately 600 feet north of Route 627 and Route 6, and is described as Tax Map 128, Parcel 99 A. Scottsville Magisterial District. No action taken by Commission. The secretary was instructed to investigate the existance of another easement to a public road from the subject property and to report bayk at the next meeting. C. The Albemarle County Board of Supervisors has referred to the Albemarle County Planning Commission for public hearing and report a petition to vacate and close certain roads within the Berkeley Residential Subdivision. The subject roads are as follows: 1. An unnamed dedicated 50 by 152 strip of land located between Lot 11, Block 4 and Lot 1, Block 5, Section I of the Berkeley Residential Subdivision. Charlottesville Magisterial District, as recorded under a plat in D.B. 337, Page 336. This matter was to be included with SP-140. But after discussion, Mr. Roudabush made the following motion, seconded by Mr. Carr, that action on this `� matter will be taken along with the vacation of the other streets in Berkeley Page 527 12 Subdivision in no less than thirty days. The motion carried a unanimous vote. w 2. A 50 by 195 foot strip of land, being the southern extension of Commonwealth Drive and the connecting link between Berkeley Subdivision and the Westfield Subdivision. The subject parcel is described as being located between Block 10, Lot 1, and Block 1, Lot 25, as recorded under a plat in D.B. 360, Page 144 B. Charlottesville Magisterial District. 3. A temporary turn -around located at the present terminus of Williamsburg Road located in the Berkeley Residential Subdivision. The turn -around as described is located between Lot 28 of Block 2 and Lot 1 of Block 7. Charlottesville Magisterial District as recorded under a plat in D.B. 345, Page 487. 4. Two unnamed and unconstructed dedicated strips of land off Commonwealth Drive North. One being a 50 by 149.69 foot strip abutting property of Louise and George H. Nuttycomb, described as being between Lot 19 of Block 5 and Lot 1 of Block 6 in Berkeley Subdivision, Charlottesville Magisterial District. Another described as a 50 by 125 strip located between Lot 19 of Block 7 and Lot 9 of Block 9, Berkeley Subdivision, Charltotesville Magisterial District, as recorded in D.B. 373, Page 79 as Section 4. And lastly a 50 by 100 foot strip located at the end of Commonwealth Drive North, between Lot 1, Block 6, and Lot 9, Block 9, Section 4 of Berkeley Subdivision, Charlottesville Magisterial District, as recorded under a plat in D.B. 373, Page 79. Numerous persons appeared in opposition to the matter. Most stated their concern relating to increased traffic that would be brought within the Subdivision by the opening of the subject roads. It was also stated by Mr. Reback, attorney for Mrs. Walton, a resident in this area, that Mrs. Walton would lose given right-of-way to her property and family cemetery. Mr. Carr made the follwoing motion, seconded by Mr. Roudabush that the matter be tabled so that the Commission can get advice as deemed necessary and to evaluate the situation. Action shall be taken on this matter in no less than 30 days. The motion carried a unanimous vote.. E. The Albemarle County Board of Supervisors has referred to the Albemarle County Planning Commission for public hearing and recommendation an ordinance controlling soil erosion and sedimentation. To achieve the aforementioned objective, the Albemarle County Planning Commission proposes the following: 1. That the Albemarle County Subdivision Ordinance be amended to read "Albemarle County Land Subdivision and Development Ordinance". 2. That the provisions of said ordinance now in effect regulating Page 528 subdivision of land in Albemarle County be re-enacted without change to be known hereafter as Chapter One of said ordinance entitled "Subdivision of Land". 3. That a new Chapter Two shall be added to said ordinance entitled "Soil Erosion and Sedimentation Control". Mr. Barry Marshall, County Attorney, Mrs. Frances Martin, Mr. Chester W. Kitchings, Jr., who is President of the Legal Environment Group of the University of Virginia Law School, and several other persons were present at this public hearing. Mr. Whelan, Supervisor for Soil and Water Conservation in Albemarle County; Mrs. Crowell, representing the Civic League of Albemarle County and Charlottesville; a representative from the League of Women Voters; and Mr. Roy Patterson were present at this public hearing to endorse the ordinance. Mr. Maupin made the following motion, seconded by Mr. Sams, that the words "or neglect" be struck from Section 1, Page 21, of the ordinance. Motion carried a unanimous vote. Also, Mr. Carr made the following motion, seconded by Mr. Page, that the Commission recommend to the Board of Supervisors the establishment of the ordinance as presented and amended and that a review committee be established to provide continual review. The motion carried a unanimous vote. There being no further business, the meeting was adjourned. Secretary Page 529 MINUTES ALBEMARLE COUNTY PLANNING COMMISSION October 25, 1971 Present: Catlin, Carr, Sams, Page Also present: Mr. Rosser Payne, Planning Consultant This special meeting was convened to discuss the proposed Site Development Plan Ordinance for Albemarle County, Virginia. Mr. Rosser Payne presented the ordinance to which the members present questioned and discussed. Mr. Roudabush spoke on behalf of the local surveyors and engin- eers and presented questions raised by the mentioned group and sug- gested certain changes within the ordinance. The local surveyors and engineers, at a meeting, adopted a resolution for consideration by the Commission and Board of Super- visors.in their deliberation of the Proposed ordinance. It read as follows: "We, the local surveyors and engineers of Albemarle County, would like to strongly suggest to the County Planning Commission that the County provide for an adequate imspectfon procedure for Site Plan improve- ments, before or concurrent with the adoption of the proposed Site Plan Ordinance." It was the consenus of the members present that certain changes be made to the ordinance as presented by Mr. Payne, planning con- sultant. These are as follows: A. Change item 1 under Section III to read: Any de- velopment in which automobile parking space is to be used in common by one or more establishments. B. Change item 2 under Section III to read: Any use or development in all zoning districts except one or two detached -family dwelling units where a plat is sub- mitted pursuant to the Subdivision Ordinance of ,:, Albemarle County. Page 530 C. Change item 2 under Section IV, page 2, to read: Closure for boundary surveys shall conform to standards specified by the Virginia Association of Surveyors and the American Congress on Survey- ing and Mapping, however in no case shall closure be less than the limit of one infive thousand (5 ,000) Plans shall indicate whether meridian as is referred to magnetic or true north. All horizontal distances shall be shown in feet and decimals of a foot to the nearest one -hundredth of a foot. D. Change item 4 under Section IV, Page 2, to read: Exist- ing and proposed streets and access easements, their names, etc. E. Change item 13 under Section IV, Page 3, to read: Existing topography accurately shown with a maximum of two (2) foot contour intervals, where practical, and in no case shall the contour intervals be less than five(5) foot; and at a scale of not less than fifty (50) feet to the inch. F. Eliminate item 15 under Section QV, page 3. (This item has been included in item 2 of Section _-V, Page 2. G. Change item 16 under Section IV, Page 3, to read: A landscape and open space design plan, based upon accepted professional design layouts and principals ;*" may be required by the agent and shall be submitted. H. Change item 1, first paragraph, of Section V, Page 3 to read: Any person submitting a site development plan shall submit written proof of notification of all ad- jacent property owners to the development. I. Change item 7 of Section V, Page 4, as follows: 1. delete from first sentence, second line, the phrase "and curbs adjacent thereto." 2. add between "50 feet" and the word "horizontally" the phrase "or larger." This is found in line 6. 3. add between the word "shown" and "on", line 8, the phrase "when available." J. Change item 8, opening paragraph, the reference to Section 4 and items 1-7 above to read Section 4 and items 2-7 above. K. Change Section 8(f) Page 5, line 3, second sentence -to read: Easements and right of ways of, etc. L. Change Section 8(L), Page 6 to read: Established flood plain limits shall be shown if available and in no case shall it be less than the 100 year flood plain limit. Page 531 M. Change Section 8(V) on Page 6 the phrase " a minimum of two (2) datum etc." to "a minimum of (1) datum." N. Change Section VI, item 1, page 6, second sentence to read: "Except where cost sharing, etc." instead of "where cost sharing, etc." In addition delete all wordage after the phrase "development plan approval," as found in line 4 on page 7. 0. Change Section VI, item 2, page 7 by adding to the last sentence after "by the agent," the phrase "upon an agreement between the agent and developer." P. Change Section VI, item 6, page 8 to read: For dedi- cated public roads, all street and highway construction standards and geometric design standards shall be in accord with those specified in the subdivision ordinance of Albemarle County, unless such geometric design stand- ards only are specifically modified by the Governing Body. For access roads, not to be dedicated to public use and not to be accepted into any State System of Roads, the construction standards and geometric design shall be approved by the County Engineer, based upon providing adequacy of design, with the burden of proof of adequacy of same on the land owner and designer. PP. Also add to the second paragraph on Page 8 of Section XI, item 6, after "and minor loop streets" the phrase NIMO "or private roads." Q. Change Section VI, item 23, Page 11 by adding the phrase "or block of buildings" between the words "building" and "for" as found in line 7. R. Change Section VII, item 8, on page 12 by changing "90 days" to "60 days" as found in line 3. S. Change Section VII, item 17 on Page 13 by replacing the word "shall" in the first sentence with the word "may . " T. Change Section VIII, Page 14, line 6 by insertion of the phrase "and the issuance of a certificate of occupancy" between the words "plan" and "shall." This completed the work session as scheduled. An additional work session on the Site Plan Ordinance was scheduled for November 8, 1971. A work session on the proposed Subdivision Ordinance was scheduled on November 22, 1971. Further discussion on Item 9 of Section IV and Item 5 of Section VI will be in order at the next work session. Page 532 There being no further business, the meeting was adjourned. Secretary Page 533 MINUTES 11*OW ALBEMARLE COUNTY PLANNING COMMISSION November 1, 1971 This was a regular meeting of the Albemarle County Planning Commission held on Monday, November 1, 1971, commencing at 7:30 P.M., in the County Court House with the following members present: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin; Louis Staley; Dr. James Sams; Savory Amato; and James Parks. Absent: Henry Page and William Roudabush. The Chairman called the meeting to order and established that a quorum was present. The minutes of October 18, 1971, were approved with corrections. At this time, the items on the agenda were discussed. A. ZMP-187. Peter A. Agelasto, III. Applicant has petitioned the Albemarle County Board of Supervisors to rezone 3.03 acres from A-1 Agriculture to RS-1 Residential. Property is situated on the west side of Route 743 bounded by the City Reservoir (South Fork of the Rivanna River). Property is described as County Tax Map 45, Parcel 31 H. Charlottesville Magisterial District. Mr. Agelasto was present to submit his petition. Mrs. Charles Sargent, Mr. Bob Walker, and Mrs. Martin spoke in opposition to this request, and Mrs. Garcia spoke in favor of this request. Adjoining property owners had not been notified by Mr. Agelasto of the proper time and place of the Commission's meeting. Therefore, after much discussion, Mr. Carr made the following motion, seconded by Dr. Sams, that the matter be deferred and that the applicant be given an opportunity to properly submit the matter to the proper authorities and that it be properly heard when so done. Motion carried a unanimous vote. Page 534 B. ZMP-188. Northwest Limited Partnership. Applicant has petitioned the Albemarle County Board of Supervisors to rezone 15.9 acres from R-2 Residential to B-1 Business. Property is situated on the north side of State Route 743 approximately four -tenths of a mile west of the intersection of Routes 743 and Route 29. Property is described as County Tax Map 61, Parcel 45 and 44, and County Tax Map 61W, Parcel 10. Charlottesville Magisterial District. A question arose if this petition had been substantially changed since last April when a request was made by Northwest Limited Partnership. Mr. Humphrey stated that Mr. Marshall, County Attorney, felt that this was a substantially new petition. Mr. Carr made the following motion, seconded by Mr. Amato, that the Chairman check on procedures to be taken on such petitions in the future and to inform the Commission. Also, this motion stated that this matter be heard. Motion carried by a 5 to 1 vote with one abstention. Mr. McCallum presented the petition for this request. Mr. Lowe, attorney, was present to represent the property owners of this area and spoke in opposition to this request. Numerous others were also present and several others also spoke in opposition. Mr. Parks made the following motion, seconded by Dr. Sams, that the request be denied. Motion carried unanimously. C. ZMP-189. Dr. Charles W. Hurt. Applicant has petitioned the Albemarle County Board of Supervisors to rezone 180 acres from A-1 Agriculture to RS-1 Residential. Property is situated on both the west and east side of Route 784, north of Stony Point. Property is described as County Tax Map 34, Parcels 25, 25A, 25 B, 25 C, 25 D, 38, and 38A. County Tax Map 48, Parcels 5 and 5A. Rivanna Magisterial District. Mr. Hake and Mr. Max Evans, landscape architect, presented the petition for the applicant stating that a lower 58-acre tract be withdrawn from the petition due to severe soil conditions. Mr. George Paschall, Mr. & Mrs. Blue, Mr. Henderson, and Mr. Fleming Page 535 and several others were present to oppose the request stating their concern relating to road conditions, increased traffic, lack of schools and proper sewer capacity. Mr. Amato made the following motion, seconded by Mr. Maupin, that the request be approved with the exclusion of the lower 58 acres from the request. Motion failed by a 2 to 5 vote. D. SP-137. James H. Nay. Applicant wishes to locate a mobile home park on 10.0 acres situated on the west side of Route 635, 0.4 miles south of Route 636 (south of Batesville). Property is described as County Tax Map 85, Parcel 4 (part thereof). Samuel Miller District. Approved with conditions as follows by motion of Mr. Maupin, seconded by Mr. Staley: 150-foot setback from the edge of Route 635 and Health Department approval of septic system and a public water supply for 12 mobile homes. Dust proof access road and maintained in a dust proof condition. Motion carried a unanimous vote. E. SP-143. George Murdock. Applicant wishes to locate a mobile home on 7.49 acres of land situated on Route 615, four -tenths of a mile south of its intersection with Route 639 and Lidsay, approximately five miles south of Gordonsville. Property is described as County Tax Map 51, Parcel 16 G. Rivanna Magisterial District. Mr. Maupin made the following motion, seconded by Mr. Staley, that the request be approved with the following conditions: Health Department approval of a septic system and a setback from Route 615 of 100 feet. Motion carried unanimously. F. SP-144. Edward L. Brown. Applicant wishes to locate a mobile home on 2.5 acres of land situated on the east side of Route 743 in the Albemarle -Charlottesville Airport area. Property is described as County Tax Map 32, Parcel 60 (part thereof). Charlottesville Magisterial District. The following motion was made by Mr. Carr, seconded by Mr. Parks, that the request be approved with the following condition: Health Department approval of a septic system. • The motion carried unanimously. Page 536 Subdivision A. 2.0 acre parcel and strip containing 0.157 acres of said strip dedicated to County of Albemarle for road purposes owned by Roger Ford. Mr. Warren Wade was present to submit the petition. Mr. Parks made the following motion, seconded by Mr. Maupin, that the restricted road be approved. Motion carried a unanimous vote. There being no further business, the meeting was adjourned. ecretary Page 537 MINUTES ALBEMARLE COUNTY PLANNING COMMISSION November 8, 1971 This was a work session of the Commission held on November 8, 1971, with following members present: Messrs: Catlin, Carr, Sams Parks, Page, Staley, and Roudabush. Absent were: Messrs: Amato and Maupin. Items on the agenda for discussion were: the proposed Site plan Ordinance, Petition of Berkeley Subdivision for vacation of streets, and Vepco's Conditional Use Permit. 1. Site Plan Ordinance In addition to amendments accomplished at the October 25, 1971 work session, the following amendments to the ordinance were approved: A.Delete item 9 of Section IV as found on Page 3 from the ordinance. B. Correct item C of the October 25, 1971 minutes and amend the proposed ordinance under Section IV, item 2 to reflect "one in five thousand." C. On Page 3 under item 12, refer to the Albemarle County Land Subdivision and Development Ordinance. D. On Page 4, under item 3, change the word "or" to "and" as found in the second sentence. It should read "the owner and developer." A lengthy discussion was held on item 5 of Section VI. It was the consensus of the Commission that a review of the legality of this provision was in order prior to making a decision on the matter. The secretary was instructed to obtain an opinion from the County Attorney. 2. Berkeley Peition for Vacation of Streets k A lengthy discussion was held on the merits of the request. No action was taken. The County Attorney was requested to assist Page 538 the Commission on the legality of closing streets and to advise the Commission. Mr. Roudabush had excused himself from the discussion on this matter. 3. Vepco Conditional Use Permit The Commission, after a discussion, was of the opinion that all information needed to arrive at a decision had not been received. The Commission rescheduled taking action until December 6, 1971, at a regular meeting. There being no further business, the meeting was adjourned. Secretary Page 539 im MINUTES ALBEMARLE COUNTY PLANNING COMMISSION November 15, 1971 This was a regular meeting of the Albemarle County Planning Commission held on Monday, November 15, 1971, commencing at 7:30 p.m., in the County Court House with the following members present: Messrs: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin; Louis Staley; and James Sams. Absent: Savory Amato, James Parks, Henry Page, and William Roudabush. The Chairman called the meeting to order and established that a quorum was present. The minutes of October 25, 1971, November 1, 1971, and November 8, 1971 were approved. The minutes of October 25, 1971 and November 8, 1971 had corrections. At this time, the items on the agenda were discussed. A. Site Plan 1. Commercial facility - Hydraulic Road Mr. Carr made the following motion, seconded by Dr. Sams, that this site plan be approved subject to staff recommendations being: a. Plans submitted to County Engineer for water and sewerage. b. Final grading and construction drawings submitted to the County''Planning Office. C. Removal of entrance nearest to Georgetown Green. The motion carried unanimously 2. Stromberg-Carlson - addition The staff recommended the following conditions that this be subject to compliance with the Soil and Erosion Ordinance and that <.y,,..,► it be submitted to the County Planning Office Mr. Maupin made the following motion, seconded by Mr. Staley Page 540 that this addition be approved subject to conditions recommended by the staff. The motion carried by a unanimous vote. 3. Daley Craig - Four Seasons - phase II Mr. Carr raised the question as to whether Four Seasons would overload the Berkeley Sewer Plant. Dr. Sams and Mr. Catlin felt that the information concerning this matter should be obtained from the County Engineer before approving this site plan. Mr. Carr made the following motion, seconded by Mr. Maupin, that this matter be deferred until Monday, November 22, 1971, so this information could be obtained from the County Engineer. Motion carried unanimously. B. Old Business 1. Daley Craig - Four Seasons - SP-140. Commission action only. Four Seasons had paved as 25-foot buffer zone between Berkeley '�x and Four Seasons in violation of their site plan to prevent cutting down a large oak tree. This was to provide egress -regress to one townhouse unit. Mr. Carr and Mr. Catlin felt that the site plan should not have been violated. Others then may make changes in site plans and then come before the Commission for approval of such changes and this would not be in the interest of good planning. Mr. Maupin felt that if this is good planning, then it should be approved and other action taken. After much discussion, Mr. Carr made the following motion, sec- onded by Dr. Sams, that the request be denied. The motion carried by a 4-1 vote. 2. Petition to vacate streets in Berkeley Subdivision - Commission action only. a. An unnamed dedicated 50 by 152 foot strip of land located between Lot 11, Block 4, and Lot 1, Block 5, 1 f! Page 541 Section I of Berkeley Residential Subdivision. Char- lottesville Magisterial District, as recorded under I, a plat in D.B. 337, Page 336. This strip of land was discussed in SP-140. Mr. Carr made the following motion, seconded by Dr. Sams, that this street be vacated. The motion carried by 4 votes with one abstention. A 50 by 195 foot strip of land, being the southern extension of Commonwealth Drive and the connecting link between Berkeley Subdivision and the Westfield Subdivision. The subject parcel is described as being located between Block 10, Lot 1, and Block 1, Lot 25 as recorded under a plat in D.B. 360, Page 144B. Charlottesville Magisterial District. Mr. Carr and Mr. Catlin felt that the road should not be vacated but the Board of Supervisors should close the road temporarily. Dr. Sams and Mr. Staley felt the road should be vacated because of the increased traffic on the road and for the sake of public safety. Mr. Maupin made the following motion, sec onded by Mr. Carr, that the road not be vacated. The motion carried by a 3 to 2 vote. A temporary turn -around located at the present terminus of Williamsburg Road located in the Berkeley Residential Subdivision. The turn -around as described is located between Lot 28 of Block 2 and Lot 1 of Block 7, Char- lottesville Magisterial District as recorded under a plat in D.B. 345, Page 487. Mr. Carr moved that the temporary turn -around not be vacated. The decision as to making the turn -around permanent should be made when the adjoining property is developed. Mr. Maupin seconded that motion. Motion carried unanimously. Two unnamed and unconstructed dedicated strips of land off Commonwealth Drive North. One being a 50 by 149.69 foot strip abutting property of Louise and George H. Nuttycomb, described as being between Lot 19 and Block 5 and Lot 1 of Block 6 in Berkeley Subdivision, Char- lottesville Magisterial District. Page 542 This concerns the first strip of land. Dr. Sams moved that this street should not be vacated and should remain until adjoining property is developed. Motion seconded by Mr. Carr. Motion carried by a unanimous vote. Another described as a 50 by 125 foot strip located between Lot 19 of Block 7 and Lot 9 of Block 9, Berkeley Subdivision, Charlottesville Magisterial District, as recorded in D.B. 373, Page 79 as Section 4 Mr. Maupin made the following motion, seconded by Mr. Carr, that this street not be vacated. Motion carried unanimously. And lastly a 50 by 100 foot strip located at the end of Comwonwealth Drive North, between Lot 1, Block 6, and Lot 9, Block 9, Section 4 of Berkeley Subdivision, Char- lottesville Magisterial District, as recorded under a plat in D.B. 373, Page 79. Mr. Marshall, County Attorney, brought up the fact that this would not ba a matter of vacating this street but creation of a turn -around, but since this was advertised as a vacation, it will be treated as such. Mr. Carr made the following motion, seconded by Mr. Maupin, that this street not be vacated. Motion carried by a unanimous vote. C. Subdivision Plan Mr. Newton, owner, requests an extension of an existing 596 foot road to an additional 255 feet. Mr. Carr made the following motion, seconded by Mr. Maupin, that the request be approved. Motion carried unanimously. There being no further business, the meeting was adjourned. in Secretary Page 543 MINUTES ALBEMARLE COUNTY PLANNING COMMISSION 1*410- November 22, 1971 This was a work session of the Albemarle County Planning Commission held on Monday, November 22, 1971. The following members were present: Messrs: Catlin, Carr, Page, Sams, and Staley. Also attending was Mr. Lloyd Wood. Mr. J. Harvey Bailey, County Engineer, was recognized by the Chairman. Mr. Baily, elaborated on the condition of the Berkeley Sanitary Sewer Plant and plans and schedule for the new South Rivanna Treatment facility. The presentation was in written form and presented to the Commission. After a discussion by the Commission with input from the public in attendance, the Commission approved the Site Plan of Phase II, Four Season Apartments, subject to final approval of the County Engin- eering Department regarding sewer and water alignment, sizing, and easements. At this time consideration was given to the proposed Sub- division Ordinance as prepared by Mr. Rosser Payne, Planning Consultant. It was the consensus of the Commission that in view of the absence of Mr. Payne that consideration of the proposed or- dinance be held over until November 29, 1971, at 7:30 P.M. in the Board of Supervisors Meeting Room. The Commission at this time, set a public hearing for Decem- ber 13, 1971 to consider the proposed Site Plan Ordinance. There being no further business, the meeting was adjourned. Secretary Page 544 MINUTES Albemarle County Planning Commission NOW November 29, 1971 This was a work session of the Planning Commission held on November 29, 1971 with the following members present: Catlin, Carr, Parks, Staley, Sams, and Page. Absent were: Amato, Maupin, and Roudabush. Also attending were Rosser Payne, Lloyd Wood, Tom Blue, Stewart Carwile. This was a meeting scheduled to consider a proposed Subdivision Ordinance as prepared by Planning Consultant, Rosser Payne. Mr. Payne presented the proposed ordinance outlining the difference between the existing ordinance and the proposed ordinance. The prime difference being a refinement of the sections dealing with definitions, a new section detailing road standards and requirements of dedication and construction of roads. The format was also changed to be in line with the adopted Comprehensive Plan. Discussion was held with participation by the public in attendance. At the conclusion of the discussion it was the concensus of the Commission that another work session was in order and established January 10, 1972, for further consideration of the proposed Subdivision Ordinance. The secretary was instructed to communicate with the County Attorney on the legality of requiring dedication and/or..reseruttion of Nand. There being no further business the meeting was adjourned. Secretary Page 545 1® ALBEMARLE COUNTY PLANNING COMMISSION December 6, 1971 This was a regular meeting of the Albemarle County Planning Commission held on Monday, December 6, 1971, commencing at 7:30 P.M., in the County Court House with the following members present: Avery Catlin, Chairman; David Carr, Vice -Chair- man; Cecil Maupin; Louis Staley: Dr. James Sams; Savory Amato; William Roudabush; and Henry Page, and James Parks. The Chairman called the meeting to order and established that a quorum was present. Mr. Maupin made the following motion, seconded by Mr. Parks, that approval of the minutes of November 1, 1971, November 8, 1971, November 153, 1971, and November 22, 1971, be deferred. The motion carried a unanimous vote. At this time, the items on the agenda were discussed. A. ZMP-187. Peter A. Agelasto, III. Applicant has petitioned the Albemarle County Board of Supervisors to rezone 3.03 acres from A-1 Agriculture to RS-1 Residential. Property is situated on the west side of Route 743 bounded by the City Reservoir (South Fork of the Rivanna River). Property is described as County Tax Map 45, Parcel 31H. Charlottesville Magisterial District. Mr. Agelasto was present to submit his request. Mr. Sargent stated that he was willing to revert back to A-1 zoning as to not set a precedent for RS-1 zoning. Mrs. Martin, representing the Citizens for Albemarle, was against the rezoning because of the demand for open spaces and outdoor recreation in order to preserve the atmosphere of the area. Mr. Walker, an adjoining property owner, felt the rezoning is premature and should not be done in piecemeal. Dr. Catlin felt the Sargent's rezoning had been a hardship case in order "° for them to have access to their home and was rezoned not with the intent to set precedent for RS-1. Mr. Parks felt in the future we could do no better than RS-1 zoning for this area. Page 546 Mr. Carr made the following motion, seconded by Mr. Page, that the request be denied and that the Planning Commission recommends to the Board of Supervisors that a petition be initiated by the Board to rezone the Sargent property back to A-1 Agriculture. Motion carried by a 5 to 4 vote. B. ZMP-190. Stack House, Inc. Petition to rezone 10.23 acres from A-1 Agriculture to M-1 Manufacturing. Property is situated on the west side of Route 643, approximately 1000 feet south of Route 643 intersection with Route 743. Property is described as County Tax Map 45, Parcel 55. Charlottesville Magisterial District. Mr. Bullard was present to submit petition. Several persons spoke in opposition due to the narrow width and condition of the roads in this area and having heavy trucks traveling them. Mr. Amato made the following motion, seconded by Mr. Parks, that the situation has not changed since denial in December 1970 and that this petition be denied. The motion carried by a 8 - 1 vote. C. ZMP-191. Arley E. and Patsie H. Cutright. Petition to rezone 4.91 acres from A-1 Agriculture to R-3 Residential. Property is situated on south side of Route 711 between Routes 29 and 712 in the Red Hill -Cross Road area. Property is described as County Tax Map 87, Parcel 51. Samuel Miller Magisterial District. Since Mr. Cutright was not present and the question arose about sewerage and lack of utilities, Mr. Amato moved that the matter be deferred until the next meeting so that Mr. Cutright could appear. Motion seconded by Mr. Parks and carried unanimously. D. SP-145. Louie L. Scribner, Jr. Applicant wishes to locate a permanent mobile home on 6.79 acres in an A-1 Agriculture zone. Property is situated just off Route 677 across from West Leigh Subdivision. Property is described as County Tax Map 59, Parcel 4E. Samuel Miller Magisterial District. Mr. Scribner was present to submit request. This is a temporary request for one year while his home is being constructed. Page 547 Mr. Maupin moved that the request be approved for one year subject to the following conditions: These conditions being that this mobile home be located 200 feet from the edge of gravel road, no trees be cut on any perimeter of the property so as to make this mobile home visible from any of the adjoining properties and Health Department approval of a septic system. Motion seconded by Mr. Page. The motion carried unanimously. E. SP-146. William Martin. Applicant wishes to locate a permanent mobile home on 2.0 acres in an A-1 Agriculture zone. Property is situated on Route 601 approximately 0.5,miles from Free Union. Property is described as County Tax Map 29, Parcel 45 A. White Hall Magisterial District. Mr. Martin was present to submit the request. Mr. Maupin made the following motion, seconded by Mr. Staley, that the request be approved. Mr. Amato offered a substitute motion, seconded by Mr. Carr, that the permit be granted on a temporary basis with yearly renewal by Planning Office with the following conditions: minimum setback from Route 653 of 150 feet and Health Department approval of a septic system. substitute The motion carried unanimously with one abstention. F. SP-147. O.G. Barnett. Applicant wishes to locate a permanent mobile home on 56.75 acres (part thereof) located on Route 29 South in the Covesville area. Property is described as County Tax Map 109, Parcel 7(Part thereof). Scottsville Magisterial District. Mr. Barnett was present to submit request. Mr. Carr made the following motion, seconded by Mr. Roudabush, that the request be approved subject to the following condition: Health Department approval of septic system. The motion carried unanimously. Zoning Plats A. Restricted street to serve four parcels of land owned by Asalie M. Preston. Mr. Huffman was present to submit petition. Page 548 This request was made to serve four parcels in the present but for the future to preserve right of way for additional 52 acres that Mrs. Preston ICf1t6.0 Mr. Parks stated that this is a growing area and claims in six months this matter will be before the Planning Commission again to bring up to state standards. Mr. Roudabush moved that the petition be approved as submitted with the minimum width being 60 feet, terminating as presented on the plat. The street should be restricted as provided, that is, to have four users. Mr. Page seconded. The motion failed by a 4 to 5 vote. B. Request for one restricted road to serve two parcels of land portion of Merriwether Hills owned by Walter Cushman. Mr. Roudabush abstained from voting because he prepared the plat for Mr. Cushman. Mr. Carr made the following motion, seconded by Dr. Sams, that the request be approved. Motion carried unanimously. C. Fifteen foot restricted road in portion of Farmington Estates. Mr. Fishback was present to submit this request and stated the topography, security, and the utilities would support this request. Mr. Roudabush made the following motion, seconded by Mr. Carr, that the request be approved. Motion carried unanimously. A. CU-146. Virginia Electric & Power Company. Applicant wishes to place an Electric Substation on 1.76 acres of land zoned A-1 Agriculture. Property is located on Route 782 in the Nob Hill Subdivision and is described as County Tax Map 76 B, Lots 1 through 7. Applicant also wishes to construct a transmission power line on a Route near Route 708 south of Charlottesville on a line parallel to Route 631 to the proposed Electric Substation between the proposed substation and Route 708. Page 549 Mr. Perkins and Mr. Marshall were present to represent VEPCO. Mr. Carr felt that VEPCO had snubbed the County for five years and continued to ignore the Commission's requests. Dr. Catlin felt that VEPCO should provide the Planning Commission with a five or ten year projection of plans for the County. Dr. Sams made t4ollowing motion, seconded by Mr. Staley, that the Southern Railway route be used as a reasonable alternative. Also, that a recommendation be made to the Board of Supervisors that the permit be granted with the steel or concrete poles on the route roughly parallel to the railroad track. Mr. Amato offered the following substitute motion, seconded by Mr. Page, the the request be granted using the VEPCO proposed route and also using steel poles instead of steel towers. substitute TheAnotion carried by a 6 to 2 vote with one abstention. There being no further business, the meeting was adjourned. Secretary Page 550 MINUTES December 13, 1971 This was a regular meeting of the Albemarle County Planning Commission scheduled to conduct a public hearing on a proposed site plan ordinance, as prepared by Mr. Rosser Payne, Consultant and as amended by the Commission at a prior work session. Those members present were: Messrs: Catlin, Carr, Sams, Maupin, Parks and Staley. Mr. Lloyd Wood was also in attendance. Prior to the opening of the public hearing, the following matters were presented and action noted. 1. Review of a request for a restricted road to serve two parcels. Request for review based upon the desire to serve four parcels. Plat of parcels A, B, C, D a portion of Meriwether Hills on Route 678, dated November 19, 1971 by William Roudabush and owned by Walter Cushman. Approved for serving parcels A, B, C, and D. 2. A request for a restricted road to serve three lots in the Esmont area of Route 627. Plat by Warren Wade dated December 12, 1971. Property owned by Rosa Lee Agee. Approved for serving three lots as shown. The Chairman at this time called for the public hearing on the proposed Site Plan Ordinance. Mr. Humphrey, County Planner and Mr. Rosser Payne, Consultant, presented the ordinance after which the public spoke to the matter. The Chair recognized Mr. William Stevens who spoke against the ordinance. Mr. Forbes Rebach, representing Daley Craig, presented numerous items of editorial comment relating to punctuation and exclusion Page 551 and inclusion of words and asked clarification of certain statements contained within the ordinance. He closed by saying, "My client is in favor of a fair and useful ordinance." Mrs. Joan Graves presented a statement from the Citizens for Albemarle in favor of the ordinance. This terminated the public hearing and the Commission held a discussion on comments received. At the conclusion of the discussion Mr. Carr made the following motion, seconded by Mr. Parks, that the proposed Site Plan Ordinance be approved as submitted subject to the following amendments: 1. The inclusion of a section of relative definitions. 2. Exclude the phrase "where a plat is submitted pursuant to the Subdivision Ordinance of Albemarle County" as found under Section III, Item 2. 3. Include the word "of" between detail and typical as found on Page 5 under Section V, Item n. 4. Include the phrase "by agreement between the agent and developer" under Section VI, Item 2 after "as determined" in Line 7. 5. All suggestions relative to grammar as proposed by Mr. Forbes Reback and noted on the staff work copy. 6. Include the work "bicycle" under Item 19, Section VI, between "equestrian" and "ways". The motion was carried unanimously by those members present. The Commission indicated that the Board should consider the ordinance as soon as possible. There being no further business the meeting was adjourned. Secretary IR