HomeMy WebLinkAbout1972Page 552
MINUTES
ALBEMARLE COUNTY PLANNING COMMISSION
JANUARY 3, 1972
This was a regular meeting of the Albemarle County Planning Commission
held on Monday, January 3, 1972, commencing at 7:30 P.M., in the County Court
House with the following members present: Avery Catlin, Chairman; David Carr,
Vice -Chairman; Louis Staley; Dr. James Sams; James Parks; Henry Page; and
William Roudabush. Also attending was Mr. Lloyd Wood.
Absent: Savory Amato
The Chairman called the meeting to order and established that a quorum was
present.
The minutes of November 22, 1971 and December 13, 1971 were approved as
submitted, and the minutes of November 15, 1971, November 29, 1971, and
December 6, 1971 were approved with corrections.
At this time, the items on the agenda were discussed.
A. ZMP-192. William V. Matacia and Neil Hevener have petitioned the
Albemarle County Board of Supervisors to rezone 0.74 acres from
A-1 Agriculture to B-1 Business. Property is located on Route 29 North
just south of the Greene County -Albemarle County jurisdiction line.
Property is described as County Tax Map 21, Parcel 61 (part thereof)
Rivanna Magisterial District.
Mr. Matacia and Mr. Hevener were present to submit their petition.
Mrs. Graves, representing the Citizens for Albemarle County, was in opposition
to the request.
Mr. Carr made the following motion, seconded by Mr. Parks, that the request
be denied because the applicant can operate the business without rezoning by
obtaining a special permit.
The motion carried unanimously.
B. ZMP-193. B.M. Hoover has petitioned the Albemarle County Board of
Supervisors to rezone 4.0 acres from A-1 Agriculture to RS-1 Residential.
Property is located in the immediate area of Woodridge on Route 618
and is described as County Tax 115, Parcel 27. Scottsville Magisterial
District.
Page 553
Mr. Parks made the following motion, seconded by Mr. Roudabush, that the
request be approved.
The motion carried unanimously.
C. ZMP-195. H. Wilson Davis and Bernie U. Owens have petitioned the
Albemarle County Board of Supervisors to rezone 27.8 acres from
A-1 Agriculture to RS-1 Residential. Property is located at the
intersection of Route 743 and 643 with frontage on both subject
routes. Property is described as County Tax Map 45, Parcel 50.
Charlottesville Magisterial District.
Mr. Davis was present to submit the petition.
Several persons spoke in opposition to the request stating their concern
due to the narrow width of the roads and increased traffic.
Mr. Wade brought up the fact that the requirements set by the Federal
government for the approach zone to the airport would be met.
Dr. Sams made the following motion, seconded by Mr. Page, that the
request be denied,in keeing with the Staff report.
The motion carried unanimously.
D. ZMP-197. Albemarle County Board of Supervisors on its own motion
has referred to the Albemarle County Planning Commission for public
hearing a petition to rezone 1.5 acres from RS-1 Residential to
A-1 Agriculture. Property is located on the east side of Route
743 just north of the intersection of Routes 743 and the City
Reservoir (South Fork Rivanna River). Property is described as
County Tax Map 45, Parcel 31 C (part thereof). Charlottesville
Magisterial District.
Mr. Carr made the following motion, seconded by Mr. Parks, that the
request be approved.
The motion carried a unanimous vote.
E. SP-148. Gus Anthos has petitioned the Albemarle County Board of
Supervisors to permit a wholesale distributing facility on land
zoned B-1 Business and presently containing a restaurant. Property
is on east side of Route 29 North on property containing the C-K
Steakhouse. Property is described as County Tax Map 61, Parcel 135 A,
containing 3.71 acres. Charlottesville Magisterial District.
Since a representative was not present on this request, Mr. Roudabush
made the following motion, seconded by Mr. Page, that the matter be deferred.
The motion carried unanimously.
Page 554
F. SP-149. Albert and Anna Engram have petitioned the Albemarle County
Board of Supervisors to permit a permanent mobile home on 1.47 acres
of land zoned A-1 Agriculture located on State Route 856 near
"Cross Roads". Property is described as County Tax Map 87 A, Parcel
3 (4) and 3 (5). Scottsville Magisterial District.
After some discussion, Mr. Roudabush made the following motion, seconded
by Mr. Page, that the request be approved subject to the following conditions:
Health Department approval of a septic system and a setback from the edge of
Route 856 of 50 feet.
The motion carried unanimously.
G. ZMP-191. Arley E. and Patsie H. Cutright have petitioned the
Albemarle County Board of Supervisors 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.
Mr. Cutright was present to submit the petition.
Mr. Carr made the following motion, seconded by Mr. Roudabush, that the
request be approved having found a need to provide for mixed housing at this
time in the Village center of Crossroads.
The motion carried unanimously.
CTTF PI aNc
A. West Park - Apartments
After a lengthy discussion, Mr. Carr made the following motion, seconded
by Mr. Parks, that the matter be deferred until the adjoining property owners
are notified and that the entrance and exit be drawn to scale and put before
the Highway Department.
The motion carried by a unanimous vote.
B. North Park - Apartments
Mr. Carr abstained from taking any action on this site plan. Mr. Roudabush
made the following motion, seconded by Mr. Page, that the site plan be approved
subject to the
County Engineer's approval on
the utilities and Board of
Zoning Appeals'
approving a variance on the
setbacks.
Page 555
The motion carried unanimously.
II,kWI
C. Piedmont Virginia Community College
MR
Dr. Magee and Mr. Lockner, Engineer, were present to submit the site plan.
Mr. Parks made the following motion, seconded by Dr. Sams, that the
site plan be approved.
The motion carried unanimously.
C. Bell Retail Store
The Board of Zoning Appeals approved a 10 foot variance on the rear yard
setback from 50 feet to 40 feet and a 7 foot variance on the front setback
from 30 feet to 23 feet.
Richard Lakes, President of Georgetown Green Homeowners Association,
conveyed several suggestions from the members of Georgetown Green Homeowners
Association regarding this site plan. The suggestions were as follows: 5-foot
screening fence along the upper rear edge of property, any flood lights to be
directed down, grass planted to prevent erosion, barrier by playground to keep
children out of construction area, safety barrier erected upon completion of
construction.
Mr. Carr made the following motion, seconded by Mr. Roudabush, that the
site plan be approved subject to the following conditions:
1. County Engineer being satisfied that the drainage is proper, 2. That
the soil erosion ordinance be complied with, 3. screening fence be erected
during construction, 4. upon completion of construction, a solid fence be
erected from Hydraulic Road to the southeast corner of this property.
The motion carried unanimously.
There being no further business, the meeting was adjourned.
Secretary
9
19
m
Page 556
MINUTES
January 10, 1972
This was a work session held to consider the proposed Sub-
division Ordinance. Members present were: Messrs: Catlin,
Carr, Staley, Page, Roudabush and Lloyd Wood.
Mr. Forbes Reback, attorney, and Mr. Daley Craig were in
attendance.
The following items were presented by Mr. Reback and Mr.
Craig as commentaries on the ordinance . The commentaries are to
be forwarded to Mr. Rosser Payne for comment.
1. Mr. Forbes Reback implied that other ordinances had been
used and applied to Albemarle County.
2. Definitions within the zoning ordinance and subdivision ordinance
should read the same for a given item which is found in both
ordinances.
3. The above applies also to street classifications found in
the zoning ordinance and subdivision ordinance. They should
be the same.
4. The standards on streets within the subdivision ordinance
should be removed in their entirity; because of the state
standards always being in a status of change and would cause
administrative problems and confusion to those who might use
them at a time they would not be correct.
5. Mr. Rebad( was of the opinion that planners are not
qualified by experience, education or by law to develop ordinances.
6. Page 10 section 4-1. Question as to whether the County
wanted provisions of the existing ordinance relative to exceptions.
(First page of existing ordinance).
7. Page 16, section 4-17. Under item (4) wants the phrase
"or other negotiable instruments approved by the Director of
Finance" included. I see no problem in this as we presently
do this. In addition he wants references to County Executive
changed to Governing Body or its agent.
8.. Page 16, section 4-18. He questions as to whether this
was necessary. However, would accept the inclusion of the phrase
"to the best of his knowledge" relative to the signing of the
certificate.
9.. Page 18, section 4-23. Wants a definition of a "remanent
or outlot." Question whether or not this would disqualify.
"open space."
Page 557
10 Page 18, section 4-26. Desires clarification on the
statement as to its meaning and application.
11. Page 18, section 4-24. Question the reasoning for this
item.
12. Page 20, section 4-30. Should the word "regulations" be
recommendations." Mr. Craig wants the entire item removed.
13. Page 22, section 5-8. Why restrict cul-de-sac streets to
700 feet. Why not make it 1000 or 1500 feet. Base on density
of a zone related to lot frontage.
14. Page 22, section 5-10. Why are alleys excluded from
residential development.
15. Page 23, section 6. Are the last two sentences legal.
16. Page 29, section 7-14. They question the inclusion of this
item.
17. Page 30, section 7-15. They want the right to use other
material like brick.
18. Page 30, section 15. The item should refer to state
standards.
19. The Commission would like confirmation from the Highway
Department that the TS-16 (TS-10) cross section for rural
roads in large lot subdivisions is acceptable to them.
20. Page 3, section 2-15. Want clarification of the definition.
Change "registered" to "qualified" since the state does not
require landscape architects to be registered.
21. Page 5, section 2-29. Last sentence - No bond should be
required as presently provided for in connection with four or
less lots.
22. They again restated the need to make all definitions in
all ordinances to parallel one another.
23. Page 11, section 4-3. Question the legality.
24. Change "Treasurer of Albemarle County" to "County of
Albemarle". Page 11, section 4-5.
25. Page 11, section 4-7. Apply wording of Site Plan Ordinance
relative to "establishment of flood limits".
26. Page 13, section 4-11. Change all references to Health
official to Health Director and always refer to the Albemarle -
Charlottesville Health Department.
27. Page 13, section 4-11. What is the intent of the first
paragraph.
Page 558
28. Page 6, section 4-17 (4). Is it legal to require lands
for roads be dedicated -for public use.
29. Page 21, section 5-2. Want off -set or jog streets
defined.
30. Page 21, section 5-6. Want last sentence amended to
read "all paved ditches shall be of an approved material and
mixture."
31. General Question. Why.the big difference in the require-
ments of residential development under the subdivision ordinance
and the requirements under the Site Plan Ordinance for apartment,
commercial and industrial uses.
At this session the Commission unanimously approved the Site
Plan for West Park Apartments containing seven units subject to
Highway Department approval for access and drainage.
Secretary
M
Page 559
MINUTES
January 17, 1972
9
This was a regular meeting of the Albemarle County Planning
Commission held on January 17, 1972, with the following members pre-
sent: Avery Catlin, Chairman; David Carr, Vice -Chairman; Louis
Staley; Dr. James Sams; and Henry Page.
Absent: Cecil Maupin; James Parks; Savory Amato; and William
Roudabush.
Also present was Mr. Lloyd Wood.
The Chairman called the meeting to order and established that
a quorum was present.
The minutes of January 3, 1972, were approved with corrections.
At this time, the items on the agenda were presented.
Site Plan Review - Charlottesville/Albemarle Joint Security
Complex
Mr. Floyd Johnson was present to present this site plan.
He stated that it is proposed that existing trees will be retained
in order to help keep the landscape basically the same.
Dr. Sams made the following motion, seconded by Mr. Page, that
the site plan be approved subject to these conditions: compliance
with the Soil and Erosion Ordinance.
The motion carried unanimously.
Virginia Electric & Power Company.- Five year Program of
Service
Mr. Rice, Chief Electrical Engineer for VEPCO was present
with Messrs. Marshall and Morrissette.
In the next five year, 33 sites in Albemarle County will lend
themselves to industrial development. Sixteen sites are north of
Page 560
Charlottesville along the Route 29 .corridor.: Tftr'ee are in the.
Crozet -Ivy area and several south of Charlottesville in Albemarle
County.
PROPOSED:
1) New transmission line and substation to serve Albemarle
in the area of Charlottesville. The former route selected for the
transmission line and for the substation was not in the best interest
of the county and the development of Hollymead. This line route
has been moved northward to the edge of the development and we
propose to construct this line and substation in 1976 or 1977. It
is proposed that steel poles be used between Route 649 and the sub-
station site near Route 29 and steel towers between the existing
line and Route 649. This line will operate at 115,000 volts initially
and be converted to 230,000 volt operation sometime in the 1980's
2) New substation called Gordonsville and a transmission line
extending eastward into Louisa County.. It is hoped that things
will be ready in order that an application for a Use Permit for
this line can be made in February 1972. This line to the east
is the result of an application for service from Colonial Pipeline
Corporation for a new pumping station in Louisa County which is to
be in service by July 1972. The existing substation in Gordonsville
does not lend itself for terminating this new line due to buildings
which have been erected in its vicinity. Our existing substation
site also does not lend itself for future expansion. This new
substation will be developed in 1975 and it also will provide more
reliable service. At the same time the transmission line in Louisa
County is extended from the Colonial Pipelines Pumping station to
our North Anna Power Plant. The transmission line to the Colonial
Pipelines from the new Gordonsville substation will be a wood
Page 561
"H"-frame design and operated initially at 115,000 volts and
uprated to 230,000 volts in 1975 when it is extended to North Anna.
3) The existing wood "H"-frame transmission line between
Gordonsville and Charlottesville must be rebuilt in 1975 as a
double circuit steel tower _line for operation to 230,000 volts so
that electrical energy can be brought into the Albemarle County
area. Existing right-of-way will be utilized. Vepco proposes to
use a russet colored steel tower between Gordonsville and Route 20.
From Route 20 and the Charlottesville substation a double circuit
steel poleline is presently proposed. However, we are developing
a double circuit turbular H-frame which may be more aesthetically
pleasing and may be used in this next section.
4) Conversion of existing 115,000 volt double circuit tower
that extends from Charlottesville substation to Barracks Road
substation to Crozet substation and thence to Dooms substation in
Augusta County. It is proposed that rebuilding will begin in 1972
to provide for future operation at 230,000 volts, and also proposed
to rebuild the line using a grey steel pole in the area between
Charlottesville substation and Barracks Road substation. VEPCO
also proposes to replace structure for structure with minor relo-
cations when possible to set poles near property lines and also they
propose to use a resset brown tower to replace tower for tower
between Barracks Road substation and Dooms substation. It will take
a two year period to complete this job to allow sections of the
line to be rebuilt during light period loads. This line will operate
initially at 115,000 volts and one circuit will be converted to
230,000 volt operation in 1976.
Page 562
5) To further strengthen the supply of electricity to this vital
area, we propose to rebuild in 1976 a wood, 115,000 volt H-frame line
from Charlottesville substation to Bremo Power Plant for operation
as a 230,000 volt line. The rebuilt line will look very similar to the
existing line and structures. New poles and conductor will be required
for operation at 230,000 colts. VEPCO has elected to use steel self-
supporting poles in metropolitan areas and to use the russet brown steel
towers in urban and rural areas. The russet brown does a good job of
blending into the background.
The Commission received the report and thanked VEPCO for the
information.
There being no further business, the meeting was adjourned.
0
Page 563
MINUTES
January 24, 1972
This was a work session held to consider the Site Plan Ordinance.
The following members were present: Messrs. Catlin, Carr, Sams, Staley, Parks,
McClure, Roudabush, Tinsley, and Mrs. Craddock. Also attending were Rosser Payne,
Forbes Reback and Mr. Howell Bowen.
The Chairman called the meeting to order and instructed the secretary to
reflect in the minutes the appreciation for the work and guidance given by
former commission members Savory Amato, Henry Page and Cecil Maupin. The
Commission concurred with this request.
At this time the Chairman noted that this meeting was being held to
discuss the proposed Site Plan Ordinance. The chair recognized Mr. Forbes Reback.
Mr. Reback, Attorney, representing the Blue Ridge Home Builders, stated
that the ordinance
as written
goes beyond
the legal
authority of
the County in
the requirements as
permitted
by the State
Code. He
stated that
a provision for
a preliminary site plan submittal be provided. He further stated that the County
had no authority to require bond or escrow funds relative to on -site improvements
and no authority to influence dedication of land for public use.
Mr. Reback further stated that there was a need to establish a uniform
standard definition section for all ordinances.
Mr. Reback submitted a site plan ordinance drafted by him with the
assistance of the Home Builders for consideration by the Commission
Further discussion was held on the proposed ordinance after which the
Commission instructed the secretary to forward the site plan ordinance to the
County legal advisor for comment regarding the authority of the County to adopt
such requirements as found in the Site Plan Ordinance.
It was also noted by the Commission that possible special council be
hired to assist the County Planning Commission in review of all proposed
Page 564
ordinances.
There being no further business the meeting was adjourned.
Secretary
M
IN
Page 565
MINUTES
January 31 , 1972
This was a work session, held on January 31, 1972, of the
Albemarle County Planning Commission to consider the proposed
Revised Subdivision Ordinance, as submitted by Mr. Rosser Payne,
Planning Consultant, with the following members present: Dr. Catlin,
Mr. Carr, Mr. Roudabush, Dr. Sams, Mr. Tinsley, Mr. McClure, Mr.
Staley, and Mrs. Craddock. Mr. Parks was absent.
Also attending were Mr. Rosser Payne, Gerald Fisher, Mr. Stewart
Carwile, Mr. Forbes Reback, and Mr. Daley Craig.
Mr. Payne submitted a letter with reference to the legal authority
of the County to adopt the requirements as found in the proposed
Site Plan Ordinance, prepared by his associate attorneys. The letter
stated that the County had the legal authority of the State Code to
provide for the provisions contained in the Ordinance. Mr. Edward
Pritchell, Attorney, signed the letter.
Mr. Craig, at this time, questioned certain items contained in
the proposed Subdivision Ordinance with comments and answers given
by Mr. Payne. Items questioned were: 2-40; 4-1; 4-28; 7-4; 9-1; 4-5.
Again it was stated that a glossary of terms was needed for all
ordinances.
The Commission took all comments under advisement and indicated
that a legal opinion was needed regarding the general provisions of
the ordinance.
There being no further business the meeting was adjourned.
Secretary
Page 566
MINUTES
February, 7,, 197,2
This was a regular meeting of the Albemarle County Planning
Commission held on Monday, February 7, 1972, commencing at 7:30 p.m.,
in the County Court House with the following members present:
Messrs: Avery Catlin, Chairman; Da vid Carr, Vice -Chairman; Louis
Staley; James Parks; William Rou,dabush; James Sams; Clifton McClure;
and Wilbur Tinsley; and Mrs. Ellen Craddock.
Also present was Mr. Lloyd Wood.
The Chairman called the meeting to order and established that a
quorum was present.
The minutes of January 10, 1972, were approved with corrections.
At this time, the items on the agenda were discussed.
A. 'AP-196. Alvin L. Toms has petitioned the Albemarle County
Board of Supervisors to rezone 32.64 acres from A-1 Agriculture
to R-1 Residential. Property is situated on the north side of
Route 691, across Route 691 from "Brightberry." Property is
described as County Tax Map 55, Parcel 64. White Hall Magisterial
District.
Mr. Toms was present but Mr. Herbert Pickford, attorney, presented
the petiticn f6i� Mr. Toms.
Mr. Pickford stated that Mr. Toms plans to divide the land into
3/4 to one acre lots and dedicate land for the widening of Route 691
and placement of roads within the development.
Mr. Forbes Reback and numerous other citizens of the Crozet area
were present. Mr. Reback presented a petition with 82 signatures in
opposition to this request stating their opposition due to the fact
that this would be spot zoning because most of the land in this area
was .zoned A-1. Their main concern was that the density of the area
would be increased and also the narrow width and increased traffic on
Route 691.
Page 567
Mr. McClure felt that there is a need in this area for R-1 lots.
Mr. Carr also felt a need for R-1 zoning in this area -but stated
that it would not be good planning to build expensive homes on the
lot size proposed by Mr. Toms.
Mrs. Craddock felt that there is as much need for the two acre
lot as there is for the one acre lot. But agreed with Mr. Carr
that the larger lot is more appropriate for an expensive home. In
view of the road situation and sewerage situation, she opposed re-
zoning.
Dr. Sams feels that some rezoning in this area is desirable, but
perhaps one acre lot size and RS-1 zoning would be better.
Mr. Roudabush made the following motion, seconded by Mr. Carr,
that it be recommended to the Board of Supervisors that the tract be
rezoned RS-1.
Motion carried by 8-1 vote. Mrs. Craddock was in opposition.
B. ZMP-199. CG.& Audrey C. Allen have petitioned the Albemarle
County Board of Supervisors to rezone 6.706 acres from A-1 Agri-
culture to RS-1 Residential and a strip of land as noted on a
plat dated June 9, 1971, by William Roudabush, Certified Land
Surveyor, File #2990, from R-1 to RS-1 Residential. Said strip
parallels West Drive commencing from end of state maintenance
on Route 771 and extending in a northwestern direction to Lot 7
of "West Section" ofGlenaire Subdivision. Property is situated
inGlenaire Subdivision and is described as County Tax Map 57,
Parcel 79 (part thereof) and Map 57B, Parcel 52A. Samuel Miller
Magisterial District.
Mr. Roudabush abstain ed from discussion and voting on this matter.
Mr. Allen was present to submit the petition.
Mr. Lamont Tupper spoke in opposition to this rezoning petition
due to the fact that the water supply is not adequate for this area.
Mr. McClure stated that it appears that this rezoning is in line
with the development of the area and fills up the circle at the end
of Glenaire and provides a chance to make that one little section
there a part of the state system of roads maintained by the
Page_�6g
State Highway Department. It would also appear to be a good
planning concept, and would be in line to get some comments from
the county engineer on the water situation.
Mr. Staley brought up the fact that RS-1 zoning leaves suffi'=
cient space so that a man could build his own well.
Mr. McClure made the following motion, seconded by Mr. Parks,
that the request be approved.
The motion carried unanimously.
C. ZMP-200. Auburn Hill Farm Corporation has petitioned the
Albemarle County Board of Supervisors to rezone 70.0 acres from
A-1 Agriculture to R-1 Residential. Property is situated off
Route 732 in the immediate area of the existing division of land
known as Auburn Hills. Property is described as County Tax
Map 78C, Parcel 1 (Part thereof). Scottsville Magisterial
District.
Mr. Aubrey Huffman was present to submit this request and
stated that the lots would be minimum of 1/2 to 3/4 of an acre with
larger lots as necessary as the topography would require.
Mrs. Ellen Nash spoke in opposition stating that the request
has not changed much since the Board of Supervisors turned the m
request down in 1968 and stated further her opposition due to
the narrow width of Route 732.
The staff report also showed that 65% of the property has
severe limitations to sewerage.
Dr. Sams made the following,motion, seconded by Mrs. Craddock,
that the request be denied.
Motion carried by a unanimous vote.
D. SP-155. Georgetown Veterinary Hospital, Inc. has peti-
tioned the Albemarle County Board of Supervisors to locate an anim
animal hospital in an A-1 Agriculture zone on 15.504 acres
situated on the west side of Route 743 north of the City
Reservoir. Property is described as County Tax Map 45, Parcels
N 42, 41, and 41B. Charlottesville Magisterial District.
Page 569
Mr. William A. Perkins, attorney, and Dr. Flynn of Georgetown
Veterinary Hospital were present to submit this request stating the
petition stems from a need for a larger facility and that with the
many apartments around their present site, it is impossible to
expand.
Mr. Woodson, attorney representing Mr. Roberts, stated that
this request would not be consistent with the adjoining properties
and not in accordance with the three standards for a special permit.
Mr. Parks made the following motion, seconded by Dr. Sams, that
the request be approved with the following five conditions:
1) de -acceleration lane be provided on Route 743 and approved
by State Highway Department nd a haveaccess or
w�gomovementvehicles
around
going north on Route 743 will
cars turning.
2) Standard Health Department approval of a septic system.
3) Screen on north side of property on Route 743 and additional
screening on south side where there is no tree cover.
Six foot white pine or cedar trees be planted.
4) 200 foot setback from Route 743.
5) Access be of dust proof material and maintained as a dust
proof surface.
The motion carried unanimously.
E.SP-156. North Corporation has petitioned the Albemarle County
Board of Supervisors to establish a Planned Community on land
situated east of Route 29 North in the immediate area known as
"HoJlymead." The subject property is situated generally between
Route 649, 29 North, and 643. Property contains 270.0 acres
and is described as County Tax Map 46, Parcels 29, 27, 26B, 26E.
Charlottesville Magisterial District.
The staff report was not ready to be presented. Mr. Carr made
the following motion, seconded by Mr. Tinsley, that the matter be
deferred until February 14, 1972, at which time it will be first
on the agenda.
Motion carried unanimously.
Page 570
LIM
Subdivision Plats
1) Mechum Banks
This is a request for a restricted road and waiver of bond and
escrow fund for subdivisions fronting on restricted roads.
This site is located on Route 678 with frontage on Mechums
River, west of Owensville. There are 11 lots with 8 lots being
served by this restricted road.
Mr. McClure abstained from discussion and voting on this matter.
Mr. Morrison, applicant was present.
A community association is proposed to provide money for the
care of the road, and the obligation to care for the road will pass
from owner to owner in a legal form.
Mr. Carr made the following motion, seconded by Mr. Parks,
that the request be approved with the restriction and rights per-
taining to the road be a part of this record. Also, that this not
be approved until a final plat is presented to Mr. Humphrey showing
termination of the road 10 feet from the boundary line of the
cul-de-sac shown and that it be subject to the State Highway depart-
ment's approval for the road entrance.
The motion carried unanimously.
B. Nelgiri Hill
Mr. Max Evans was present to submit this petition.
This is a request for a restricted road to serve three lots.
Mr. Evans stated the reason for this was to preserve the natural
boundaries and atmosphere in this area. It was then decided that
to keep road maintenance from being a burden on these property owners,
that to grade this section of road to State standards so that
eventually the piece would be brought to State standards. In time,
the owner would sell three or four more lots and 7 or 8 people would
Page 571
share burden of improving this road.
This would be done through an annual fee that would be set
aside by each homeowner towards this eventual improvement to the
State standards and the improvement of the road between this property
and State maintained road.
Mr. Roudabush made the following motion, seconded by Mr. Carr,
that the request be approved with the following conditions:
1) any further subdivision beyond four parcels with bond or
escrow fund equal to the sum needed to prepare Mountain Road
for inclusion into the state system.
2) that the road be graded as though for inclusion into the
state system with proper drainage facilities.
The motion carried unanimously.
C Portion of the Bowen Tract known as Clay Hill
Mr. Bowen wishes to deed 3.7 acres to his son without 50 foot
access.
Mr. Carr made the following motion, seconded by Mr. Parks that V00*4
the request be approved.
Motion carried unanimously.
Road name change in Woodbrook Subdivision
Dr. Sams made the following resolution to change Idlewood Road
in Woodbrook Subdivision to Idlewood Drive. Mr. Tinsley seconded
this resolution.
Resolution carried unanimously.
There being no further business, the meeting was adjourned.
Secretary
Page 572
MINUTES
FEBRUARY 14, 1972
This was a regular meeting of the Albemarle County Planning Commission held on
February 14, 1972, with the following members present: Avery Catlin, Chairman;
David Carr, Vice -Chairman; Louis Staley; Dr. James Sams; Clifton McClure,
Ellen Craddock; James Parks; Wilbur C. Tinsley; and William Roudabush.
Also attending were Lloyd F. Wood and Gerald Fisher.
The Chairman called the meeting to order and established that a quorum was
present.
The Chairman called for the public hearings scheduled.
1. SP-156. North Corporation has petitioned the Albemarle County Board of
Supervisors to establish a Planned Community on land situated east of
Route 29 North in the irmnediate area known as "Hollymead". The subject
property is situated generally between Routes 649, 29 North, and 643.
Property contains 252 + acres and is described as County Tax Map 46,
Parcels 29, 27, 26 B, 26 E. Rivanna Magisterial District.
r
The staff presented their report with recommendations as found below.
( See Attached Sheets)
Mr. Max Evans, Land Planner, presented the petition.
Several people appeared in opposition and/or questioned the validity of
approving the proposal at this time in view of the lack of facilities to serve. Those
persons were, Mr. Iachetta,those who were interested in seeing low income housing with
the proposal who were Art Thomas -Charlottesville Housing Authority, Roger Ford -
Community Action Organization, Robin Lee and a Mr. Verlin. Residents of Jefferson
Village were concerned with land use adjacent to Jefferson Village.
Storm water and watershed problems of Urban development were of general concern
by those present.
After the conclusion of the public hearing an approved motion by Mr. Carr,
seconded by Mr. McClure, that action be deferred to February 22, 1972, at 7:30 P.M.
Page 5 7 3
in the Board of Supervisors meeting room for a work session and possible
recommendations to the Board of Supervisors.
2. ZMP-203. Downing and Eunice M. Cox have petitioned the
Albemarle County Board of Supervisors to rezone 0.89 acre of
land from A-1 Agriculture to R-1 Residential. Property is located on
the north side of Route 768 near the end of state maintenance.
It is described as County Tax Map 62, Parcel 18 (part thereof).
White Hall Magisterial Distirct.
The staff presented this report recommending approval of the petition.
After a discussion the Commission approved the petition as requested upon motion
by Mr. McClure, seconded by Mr. Carr.
Site Plan - Automated Structures
The site plan for the rebuilding of certain facilities of Automated
Structures was approved as submitted by a unanimous vote.
Subdivision - Restricted Road, Route 702, Land of Pauline Harlow
Approved as a restricted road, conditioned upon proper submittal of plat
as required by unanimous vote.
Berkeley -Westfield Study
The staff presented to the Commission a base map of the study of the Berkeley -
Westfield Area, noting that the Board of Supervisors had requested that an
in-depth study be accomplished by the staff and commission by July 1, 1972.
There being no further business the meeting was adjourned.
Secretary
IM
Page 574
MINUTES
February 22, 1972
19
This was a special meeting of the Albemarle County Planning
Commission held on February 22, 1972 with the following members
present: Avery Catlin, Chairman; David Carr, Vice -Chairman; Louis
Staley; Clifton McClure, James Parks; Wilbur Tinsley; and William
Roudabush.
Also attending were: Mr. J.Harvey Bailey, County Engineer;
Mr. Robert Warner, Resident Highway Engineer; Messrs: Gerald
Fisher, and Stuart Carwile, Supervisors.
The Chairman called the meeting to order and established
that a quorum was present.
The Commission considered SP-156 North Corporations's application
for a planned community to be known as Hollymead.
A motion was made by Mr. McClure, seconded by Mr. Parks,
that SP-156 be approved with the following conditions:
1. That access to the proposed commercial area, if approved, should
have no access from Route 29 North other than the two present
entrances which are now in place, and access from these two
existing entrances to the designated commercial area be no closer
than 300 feet to the Route 29 North right-of-way. That provi-
sion be made for parallel service roads to Route 29 North,
extending south from the south existing entrance and extending
north from the northern most entrance. In addition, prior to
any activity of any kind taking place on the commercial___area, an
approval of a site plan by the Commission will be required. -
That adequate access from the proposed collector road to the
proposed nine plus acre community park be provided and that
adequate parking be made available to serve the community recrea-
tion area and the proposed club facility which is to be housed
in the existing structure. I",
2. That the residential area density as proposed in the different
sections be the maximum permitted density, and that prior to,
and in addition to, any subdivision of land or development of
any apartment area, a site development or preliminary sub-
division plan be submitted for Commission approval. Said site
plan for apartment, commercial, and residential (prior to
subdivision submittal) shall show the follcywi.ng inform6tion
and data:
Page 575
Prior to A. General grading plan at two foot contour intervals
Construction with existing and proposed contours and spot elevations
given.
Prior to B. Work limit lines and acreage of areas to be disturbed
Construction by grading of site.
Prior to C. General building outlines: locations with floor grades,
Construction elevations of entry areas and finish grading at building
perimeter except for single family.
Prior to D. Location and plan outlines of all special use areas
Construction and facilities, such as roads, driveways, walks, trails,
recreation areas, play yards, and other facilities with
existing and proposed grades.
Subdivision E. Grade elevations of drainage inlets, man -holes, and
Submittal out -falls of storm drainage and sanitary sewer lines.
Prior to
Construction F. All proposed open ditches, drainage swales, and
erosion control measures, including surfacing, grass
cover, and planting areas, both temporary and permanent.
Prior to G. Tree covered areas, field areas, and natural slopes
Construction to remain, with protection measures shown.
Prior to
H. Planting
plan,
trees,
showing location,
including
description, and
sodding,dlandand major
Construction
size o
shrub plants
spseeding,
for all open aces
park ,
3. That all storm drainage systems be designed to receive not
only the storm water run-off expected from a given block of
development, but any area contributing to the run-off from the
watershed above the subject site.
4. That all sanitary sewer lines be sized to meet not only a
given block development, but sized to receive the drainage from
the area above the site.
5. That all water lines be sized to meet ultimate needs relative
to the ultimate needs of the development.
6. That all telephone and electrical service be located underground.
7. That a Site Plan Technical Coordination Committee, composed of
the County Engineer, Soil Scientist, Area Conservationist, Resi-
dent Highway Engineer, County Planner, and utility representa-
tives, be established to review with the developer the site
development plans.
8. That the recreation facilities on the.9.54 acre community park,
which is to house the swimming pool, tennis, and related activity,
`..+ be ready for use by the inhabitants of Phase I of Hollymead
when fifty residential units have been constructed and inhabited.
All sectional park areas as shown in the designated blocks be
Page 576
ready for use by the residents in a given block, with recrea-
tional facilities to be approved by the county, when 50% of
thedwelling units comtemplated are completed and occupied. 1
9. That the applicant maintain the community park until such time
as an active citizens' association is in being at which time
the operation and maintenance will be turned over to a Citizens'
Association. A proposal for the operation and maintenance of
that facility should be made a part of any approval of this
Special Permit.
10. A. That the entrance streets extending from Route 29 through
the commercial area to their intersection with one another be
of a 60 foot right-of-way, provided the northern most entrance
is made one way out and the southern entrance is made one way
in. Both to be dedicated to public use, and subject to
Virginia Highway Department approval.
B. That sidewalks be provided on at least one side of the
major collector roads herein described as the North -South
major collector and East-West collector.
C. That all right-of-way widths and cross -sections of the roads
as shown on the preliminary plan of Hollymead are to be designed
and approved by the Virginia Department of Highways for inclu-
sion into the state highway system.
�l. That no further activity take place on this site or any adja-
cent site prior to proper approvals.
12. That any approval of the Special Permit be contingent upon a
water and sewer service agreement between the Albemarle County
Service Authority and the developer and/or developers.
NOTE; The Staff has requested from the Soil Conservationist an
evaluation of the watershed in which this development lies,
relative to storm water run-off and facilities required for
accommodating urban type development with the watershed. This
information is to be the basis in determining storm sewer
facility needs and both permanent and temporary soil and
sedimentation measures. This proposal lies in a watershed
containing approximately 3510 acres and it is estimated that
about 14% of the area will have highly impervious surfaces
The motion was passed with a unanimous vote.
It was noted that the applicant presented a preliminary draft
of a proposal for a homeowners association which is to be considered
at a later date, and at the time of the first submittal of a site
plan or subdivision plat.
There being no further business, the meeting was adjourned. �°
Secretary
Page 577
n
MINUTES
March 6, 1972
This was a regular meeting of the Albemarle County Planning
Commission held on Monday, March 6, 1972, commencing at 7:30 P.M.
in the County Court House with the following members present:
Messrs: Avery Catlin, Chairman; Louis Staley; James Parks; William
Roudabush; James Sams; Clifton McClure; and Wilbur Tinsley; and
Mrs. Ellen Craddock.
Absent: Mr. David Carr.
Also present were Mr. Lloud Wood and Mr. Gerald Fisher.
The Chairman called the meeting to order and established that
a quorum was present.
The minutes of January 17, 1972, January 24, 1972, January 31,
1972, and February 7, 1972, were approved as submitted. The minutes
of February 14, 1972 and February 22, 1972, were approved with
corrections.
At this time, the following public hearings on the agenda
were discussed.
A. ZMP-201. Process Engineering & Fabrication, Inc. To rezone
5.0 acres from M-1 Industrial to M-2 Industrial. Property
is located on south side of Route 240 one -quarter mile east
of Acme Visible REcords in Crozet. Property is described
as County Tax Map 56, Parcels 88A, 88, and 89. White Hall
Magisterial District.
Mr. Eaton Brooks was present to submit this petition stating
that the objectives of the comprehensive plan have been followed.
Mr. Fred Landess, representing Mrs. Leslie Walton, and other
residents of the area spoke in opposition.
Mr. Landess stated two points of opposition, those being:
,,, 1) the rezoning would be breaking up the overall tract into fragments
Page 578
and 2) this site is at the end of the industrial area and near the
residential section and heavy industry should be near the center
of the industrial area.
Mrs. Walton spoke in opposition stating that this rezoning
would devalue her property and create a nuisance.
Mr. Douglas Miller of Acme Visible Records spoke in opposition
because the other industrial property of this area is zoned M-1
and he feels that all of the industrial property should stay the
same zoning.
Mr. Parks made the following motion, seconded by Mr. Tinsley,
to defer this matter until the Commission looks at the property and
reports back at next Monday's meeting.
Motion carried unanimously.
B. ZMP-202. Harold Whitlow. To rezone 1.0 acre from A-1
Agriculture to RS-1 Residential. Property is located on
the north side of the C&Q Railroad right-of-way on an un-
named road approximately 1.2 miles north of Route 691.
Property is described as County Tax Map 55, Parcel 25A,
(part thereof). White Hall Magisterial District.
Mr. Whitlow was present to submit petition stating that he needs
this rezoning to build a home on the tract.
Mr. Thurston, owner, stated that in order to give Mr. Whitlow
two acres, this would bring the frontage of Mr. Whitlow's tract
through his own driveway and also into his son's piece of the property.
Dr. Sams felt reluctant towards the approval of this request
because of the precedent this petition might set for similar requests.
Mr. Catlin felt there were two conflicting points of view.
They were to accommodate the desires of the applicant and the desire
not to create spot zoning. He further stated that the Commission
should look at the property.
Page 579
Mr. Roudabush made the following motion, seconded by Mr. Staley,
that the property should be reviewed by the Commission and a report
made on Monday, March 13, 1972. Also, the applicant should provide
a plat or other information for the Commission that would be helpful.
in this case.
Motion carried unanimously.
C. ZMP-206. Mr. Humphrey is to report at the next meeting on
Monday, March 13, 1972 on the reasons for withdrawal of this request.
D. ZMP-207. Charles H. Smith. To rezone certain lots from
A-1 Agriculture to R-2 Residential. Property is situated
on Stribling Avenue and Nob Hill Circle in the Nob Hill
Subdivision just east of the City of Charlottesville.
Property is described as County Tax Map 76B(2), Lots 7, 8,
12, and 17A. Samuel Miller Magisterial District.
Mr. Smith was present to submit petition. He plans to build
four duplexes on this site.
Mr. McClure felt we should foster a good development but the
Commission lacked sufficient information. Mrs. Craddock stated a
need to visit this site as to alleviate the problem of insufficient
information about the site.
The following motion was made by Mr. McClure, seconded by Mr.
Roudabush, to review this site and a report be made next Monday,
March 13, 1972. It was also requested that Mr. Humphrey report on
where the other dwellings in the area are located to see what possi-
bilities in the future there are for this site.
Motion carried unanimously.
E. SP-157. John A. Payne III. To allow a permanent mobile home
on 2.56 acres of land zoned A-1 Agriculture. Property is
located on the west side of Route 20 South approximately two
miles north of Keene. Property is described as County Tax
Map 112, Parcel 35. Scottsville Magisterial District.
Mr. Payne was present to submit this request.
Page 580
Mr. Parks made the following motion, seconded by Dr. Sams,
that the request be approved with the following staff conditions:
Health Department approval of a septic system and a setback of 100
feet from Route 20.
Motion carried unanimously.
F. SP-159. Avery Catlin. To allow a permanent mobile home on
eight acres of land zoned A-1 Agriculture. Property is
located on Route 676 approximately 2/3 mile northeast of
its intersection with Route 677. Property is described
as County Tax Map 42A, Parcel 22. White Hall Magisterial
District.
Mr. Catlin abstained from voting and action on this petition.
Mr. Roudabush made the following motion, seconded by Mr. Parks
that the request be approved with the following conditions: Health
Department approval of a septic system and 100 foot setback from
Route 676.
Motion carried unanimously.
G. CUP-149. Virginia Electric & Power Company has petitioned
for a Conditional Use Permit to erect on a right-of-way of
2100 feet in length, a 230,000K.V. transmission line, near
the intersection of Route 231 and 646 in Albemarle County;
and a proposed substation site consisting of 9.4 acres.
Property is described as County Tax Map 37, Parcel 11,
Rivanna Magisterial District and County Tax Map 51, Parcel
27, Rivanna Magisterial District.
Mr. Morrisette was present to submit this request and Mr. Marshall,
Mr. Compton, and Mr. Jones were also present from VEPCO.
Mr. Morrisette read a statement on the proposed substation and
extension of a 230 K.V. transmission line.
This will be a low level substation so as not to be visible
from the road.
The prime reason that VEPCO is securing this Conditional Use
Permit is to start the planting so there will be three years growth
on the screening before the substation is buil t. V00,
Page 581
Mr. McClure made the following motion, seconded by Mr. Staley,
that the request be approved with the following staff conditions,
1) that the site plan for the substation be presented to the Planning
Commission for review and 2) two staggered rows of six foot high
white pines around the perimeter of the facility.
Motion carried unanimously.
SUBDIVISION PLATS
A. Asalie Preston
This request is for a restricted road to serve four parcels of
land.
Mr. Jerry Tremblay was present to submit the request.
Mr. Roudabush made the following motion, seconded by Mr. Tinsley
that the request be approved with the proper wording being placed
on the plat in accord with the Subdivision Ordinance as it relates
to restricted roads.
The motion carried unanimously.
B. Mr. Charles Carr
Mr. Carr wishes to get the opinion of the Planning Commission
on adding three parcels of land to existing restricted road.
Mr. Parks and Dr. Sams felt that with approval, there would be
no stopping point for adding more parcels of land to this restricted
road.
Mr. Staley made the following motion, seconded by Mr. Parks,
that the concensus of opinion of the Planning Commission would be
not to allow this addition to the restricted road.
Motion carried unanimously.
Page 582
C. Allie Roach
This request is for a restricted road between two properties.
Mr. Roudabush made the following motion, seconded by Mr.
McClure, to defer this matter to see if a recorded easement could
be found between these two properties.
WORK SESSIONS
Subdivision Ordinance - City revision
Mr. McClure made the following motion, seconded by Mrs. Craddock,
to recommend to the Board of Supervisors that the City revision of
the Subdivision Ordinance not be approved.
The motion carried unanimously.
NEW BUSINESS - Red Hill School Site Plan
This site plan is for an addition to the Red Hill School directly
behind the existing school.
Mr. Parks made the following motion, seconded by Mr. Tinsley *00
that the site plan be approved with these staff conditions:
1) that grading plans be reviewed by Mr. Anderson, and 2) that
proper off street parking be provided.
Motion carried unanimously.
There being no further business, the meeting was adjourned.
Secretary
0
Page 583
MINUTES
March 13, 1972
This was a regular meeting of the Albemarle County Planning
Commission held on March 13, 1972 with the following members
present: Messrs: Catlin, Carr, Parks, Tinsley, sams, Staley,
McClure, and Roudabush, and Mrs. Craddock.
Also attending were Supervisors Gerald Fisher and Lloyd Wood.
The Chairman called for action on the following Zoning Map
Petitions, deferred from the March 6, 1972 advertised public
hearings. In each case the public hearing had been concluded.'
ZMP-201.-Process Engineering & Fabrication, Inc. To rezone
5.0 acres from M-1 Industrial to M-2 Industrial. Property
is located on south side of Route 240 one -quarter mile east
of Acme Visible Records in Crozet. Property is described as
County Tax Map 56, Parcels 88A, 88, and 89. White Hall
Magisterial District.
This petition was approved as requested by a unanimous vote
ZMP-202. Harold Whitlow. To rezone 1.0 acre from A-1 Agri-
culture to RS-1 Residential. Property is located on the
north side of the C & ) Railroad right-of-way on an unnamed
road approximately 1/2 mile north of Route 691. Property thereof) is
described as County Tax Map 55, Parcel 25A (part
White Hall Magisterial District.
Action on this request was deferred until a plat is received
by the Planning Office describing the area requested for zoning
change. Vote was unanimous.
ZMP-207. Charles H. Smith. To rezone certain lots from A-1
Agriculture to R-2 Residential. Property is situated on
Stribling Avenue and Nob Hill Circle in the Nob Hill Subdivi-
sion, just east of the City of Charlottesville. Property is
described as County Tax Map 76B, Sec. 2, Lots 7, 8, 12, and
17A. Samuel Miller Magisterial District.
Action on this request was deferred for sixty (60) days
(May 1, 1972) by unanimous vote. Mr. Smith is to review the four
lot division for possibilities of a better lot arrangement.
Page 584
SP-150. Fred Cobbs has petitioned the Albemarle County Board
of Supervisors to cause a present emergency mobile home permit
to be established as a permanent mobile home. Property is
situated in the Howardsville area on Route 602, north of Route
626. The property is described as County Tax Map 139A, Parcel 15.
Scottsville Magisterial District.
SP-151. Bessie Farley has petitioned the Albemarle County Board
of Supervisors to cause a present emergency mobile home permit
to be established as a permanent mobile home. Property is
situated on Route 602, just north of Route 626 in an A--1
Agriculture zone. Property is described as County Tax Map 139A,
Parcel 15. Scottsville Magisterial District.
The two Special Permits listed above were considered together.
They were approved with the following conditions: 1) yearly review
by the Zoning Administrator relative to appearance and health condi-
tions; 2) 30 foot setback from public right-of-way; and 3) Health
Department approval of existing sanitary system.
At this time the Chairman recognized Mr. Herbert Pickford,
County Attorney, who spoke briefly on the legal authority of a
County to adopt zoning, subdivision and related ordinances. It was
the concensus of the Commission and Mr. Pickford that he and the
County Planner prepared all ordinances under proper legal authority
for a final review by the Commission. This is to be accomplished as
soon as possible.
A communication from several Citizens' groups, directed to the
Board of Supervisors was submitted by the secretary. No action was
taken pending action by the Board of Supervisors. The communication
was in reference to a "Landmarks Commission" and related planning
objectives.
At this time the Chairman informed the Commission that it was time
for the election of new Commission officers. The floor was open for
nominations. Mr. Roudabush nominated Mr. Catlin for Chairman,
seconded by Mr. McClure. Upon motion by Mr. Tinsley, nominations *Not
Page 585
were closed. Dr. Catlin was elected Chairman by a unanimous vote.
At this time the floor was open for election of Vice -Chairman. Mr.
Roudabush nominated Mr. McClure, seconded by MR. Parks.
Mrs. Craddock nominated Mr. Roudabush, who stated that because of
the nature of his work he felt that he should not hold this office
since he had to excuse himself from discussion in many of the items
brought before the Commission. Mrs. Craddock then withdrew her
nomination after which the nominations were closed. Mr. McClure
was elected Vice -Chairman by a unanimous vote. Discussion was held
on standing committees and it was the concensus that committees
would be appointed as the need arose.
At this time a discussion was held on field trips with no
action taken and on notice to adjacent property owners with
reference to zoning , subdivision and site plan matters. It was
the concensus of the Commission that the secretary draft a policy
statement regarding this matter for further consideration by the
Commission.
At this time the Chairman called for discussion of the prelim-
inary plat involving the extension of Berkmar Drive to Rio Road
(Route 631). The staff presented a report on the matter stating
that the extension had been found to be in the best interest of the
County in general and the Berkeley -Westfield area in particular,
and that this road would untimately be a vital segment in a circum-
ventail road around the intersection of Rio Road and Route 29 North.
After a discussion, the Commission concurred with the staff findings
and approved the preliminary plat unanimously.
There being no further business, the meeting was adjourned
Secretary
Page 586
MINUTES
April 3, 1972
This was a regular meeting of the Albemarle County Planning Commis -
Sion, held on April 3, 1972, with the following members present: Messrs:
Carr, Parks, Tinsley, Sams, Staley, McClure, and Roudabush, and Mrs.
Craddock.
Also attending were Supervisors Gerald Fisher and Lloyd Wood.
The Vice -Chairman established that a quorum was present.
The minutes of the March 6, 1972 were read and corrected under
Subdivision Plats: Item B to read Mr. Charles Carr instead of George Carr.
The minutes of the March 13, 1972, were approved as submitted with
Mrs. Craddock's statement regarding SP-150 and SP-151 to be included in
the minutes.
Mr. McClure, acting chairman, now called for the public hearings.
It was noted at this time that ZMP-212 Dr. Charles Hurt, and ZMP-210 Nathan
Porter were withdrawn.
A. ZMP-204. Samuel D., Jr. & Barbara B. Stokes. Petition
to rezone 2.25 acres from A-1 Agriculture to R-2 Residential.
Property is located on the west side of Route 631 approximately
one mile south of its intersection with Route 706. Property is
described as County Tax Map 89, Parcel 53D, Scottsville Magis-
terial District.
The staff presented his report stating recommended denial. After a
discussion, Dr. Sams made a motion to deny the request in keeping with the
staff report, which was seconded by Mr. Staley and approved unanimously by
the members present.
B. ZMP-208. L.E. Bunch. Petition to rezone 2.51S acres from
A-1 Agriculture to B-1 Business. Property is located on
the north side of Route 692 approximately 300 feet east of its
intersection with Route 29 South, known as Cross Roads.
Property is described as County Tax Map 99, Parcel 5. Samuel
Miller Magisterial District.
The staff presented his report stating that the area was conducive
to commercial development, but the land area insufficient. Several persons
Page 587
appeared in opposition, including Mr. Cutright, Richard Sheppard. Mrs.
Bunch presented a petition with 200 signatures in support of the request.
Mr. Bud Carson of the local fire department gave assurances of adequate
off-street parking and access.
After a discussion, it was the consensus of the Commission that a
field investigation be held by the Commission. The field trip was
scheduled for April 12, 1972, with action being deferred until April 17, 1972.
C. ZMP-209. Arley E. and Patsie H. Cutright. Petition to
rezone 4.91 acres from A-1 Agriculture to R-2 Residential.
Property is located on the south side of Route 711 at tis
intersection with Route 29 South in the Red Hill area.
Property is described as County Tax Map 87, Parcel 51, Samuel
Miller Magisterial District.
Staff presented his report for denial of the application.
After a discussion, Mr. Staley made a motion to deny the request in
keeping with the staff report, seconded by Mr. Parks, which was adopted by
the unanimous vote of those members present. Several persons appeared in
IWWM opposition.
D. ZMP-211. M.W. Worley. Petition to rezone 2.8 acres from
A-1 Agriculture to R-1 Residential. Property is located on
the west side of Route 785 approximately 1/8 mile north of
its intersection with Route 649. Property is described as
County Tax Map 32, Parcel 29 (part thereof), Rivanna Magisterial
District.
This petition was removed from the agenda for inadequate advertisement
and rescheduled for Ap ril 17, 1972.
E. ZMP-213. John R. Dorrier. Petition to rezone 3.61 acres
from A-1 Agriculture to RS-1 Residential. Property is located
on west side of Route 20 North approximately one mile from
Charlottesville City Limits. Property is described as County
Tax Map 62, Parcels 24B and 31A, Rivanna Magisterial District.
Staff presented his report supporting the petition. No one appeared
in opposition. Mr. Parks made the motion, seconded by Mr. Tinsley, to
approve the petition in keeping with the staff report. It was adopted by
a unanimous vote of those members present.
Page 588
F. ZMP-214. David Roach. Petition to rezone 1.95 acres from A-1
Agriculture to RS-1 Residential. Property is located on west
side of Route 789 at tis intersection with Route 810.
Property is described as County Tax Map 56, Parcel 5E, White
Hall Magisterial District.
Staff presented his report noting concern relative to the unusual
slope of the land, stating that it should remain in A-1 zoning.
After a discussion, it was the concensus of the Commission that
action be deferred until Aptril 17. 1972, and that a field trip be made
on April 12, 1972 to view the site.
G. ZMP-215. Harley Easter & Ashby Kennon. Petition to
rezone 15 acres from A-1 Agriculture to RS-1 Residential.
Property is situated off Route 675 (Lake Albemarle Road).
Property is described as County Tax Map 41, Parcel 66 (part
thereof) and County Tax Map 41A, Lot 171 through 190, Lots
142 through 147 and Lots 152, 163, and 164, White Hall Magis-
terial Distrrct.
Staff presented his report in support of the application. After a
discussion Mr. Parks motioned to approve the petition in keeping with the
staff's report, which was seconded by Dr. Sams and approved by the
unanimous vote of those members present.
H. ZMP-216. Harley Easter & Ashby Kennon. Petition to
rezone 9.95 acres from A-1 Agriculture to RS-1 Residential
Property is situated on east side of Route 729 just north of
Route 53. Property is described as County Tax Map 93, Parcel
45, Scottsville Magisterial District.
Staff presented his report in support of the application.
After a discussion, Mr. Parks made the motion, seconded by Mr. Carr,
to approve the request in keeping with the staff report. This motion was
approved by the unanimous vote of the members present.
I. SP-161. Charles Baker. To allow a permanent mobile home
on 4.5 acres zoned A-1 Agriculture. Property is located off
west side of Route 606 approximately 1 1/4 miles south of its
intersection with Route 641. Property is described as County
Tax Map 21, Parcel 13D, Rivanna Magisterial District.
After a disucssion Mr. Carr moved for approval, seconded by Mr.
Tinsley, and approved by the unanimous vote of those members present;
Page 589
subject to Health Department approval of a septic system.
.r
J. SP-162. Charlie & Jacqualyn Sandridge. To allow a perman-
ent mobile home on 2.85 acres zoned A-1 Agriculture. Property
is located off south side of Route 614 approximately 3/4 mile
east of its intersection with Route 674. Property is described
as County Tax Map 26, Parcel 56B, White Hall Magisterial District.
After a discussion, Mr. Roudabush motioned for approval, seconded
by Mr. Carr and approved by the unanimous vote of those members present,
with Health Department approval of a septic system and a 200 foot setback
from Route 614.
K. SP-163. Mrs. A.E. Cutright, Sr. To allow two duplex units on
88.195 acres zoned A-1 Agriculture. Property is located on
the west side of Route 708 at tis intersection with Route 20
South in Red Hill area. Property is described as County Tax
Map 88, Parcel 8, Scottsville Magisterial District.
Staff presented his report indicating care as to location of such
uses. After a discussion, the concensus of the Commission was to defer
action until April 17, 1972, and to visit the site on April 12, 1972.
L. SP-165. George 0. Davis, Jr. To allow stabling facilities
for light horses and ponies on 2 acres zoned R-1 Residential.
Property is located on Emerson Drive in West Leigh Subdivision
and is described as County Tax Map 59C(1), Section 2, Lot 28,
Samuel Miller Magisterial District.
After a discussion, Mr. Carr motioned to approve the petition,
seconded by Mrs. Craddock, with the conditions that there be no more than
three horses or ponies at any one time and that screen be provided around
the stabling facility to shield it from the adjacent properties. The
motion was approved by the unanimous vote of those members present.
M. SP-164. Stewart Kenny. To allow a permanent mobile home
on approximately 20 acres zoned A-1 Agriculture. Property is
located on east side of Route 616, approximately 112 mile from
its intersection with Route 22 at Keswick. Property is des-
cribed as County Tax Map 89, Parcel 157, Rivanna Magisterial
District.
Staff presented his report, after which Mr. Carr motioned that the
petition be approved subject to a septic tank system. y The motion was
Page 590
seconded by Mr. Parks and approved by a unanimous vote of those members
present.
Subdivisions
A. Arbor Park Subdivision - Preliminary. Deferred until April 17, 1972
B. Meriwether Hill Subdivision - Preliminary. Approved subject to
1) perculation tests, 2) review of drainage easements, 3) waiver of the
maximum 700 foot cul-de-sac limit to accommodate the proposed streets,
4) adherence to zoning requirements relative to lot sizes and 5) approval
of a central water system.
C. Orchard Acres, Phase II - Final. Approved subject to 1) percu-
lation test, 2) drainage easements as may be required, 3) renaming of
"Apple Lane." 4) subject to county water, and 5) roads built to state
standards.
Mr. William Roudabus.h abstained from participation in the above
three matters because of possible conflict.
Mrs. Craddock abstained from voting on "Meriwether Hills" and "Orchard
Acres" by virtue of not being familiar with the background on previous phases
of development.
The Commission, at this time, established as a policy to have three
meeting in May to consider zoning and planning matters. Those dates
established were May 1, May 8, and May 15, 1972.
There being no further business, the meeting was adjourned.
Secretary
.. .... ....... .... fir,. J
Page 591
ER
Minutes
April 17, 1972
This was a regular meeting of the Albemarle County Planning Commis-
sion, held on April 3, 1972, with the following members present: Messrs:
Avery Catlin, David Carr, James Parks, Wilbur Tinsley, James Sams, Louis
Staley, Clifton McClure, and William Roudabush, and Mrs. Ellen Craddock.
Also attending were Supervisors Lloyd Wood, Gerald Fisher, and
Stewart Carwile.
The Chairman established that a quorum was present.
The minutes of April 3, 1972 were approved with the following correc-
tions: 1) Change Item A on page 586 to read ZMP-204, and 2) Change Item B
on page 586 to read A-1 Agriculture to B-1 Business.
The Chairman, at this time, called for consideration of all deferred
items from the April 3, 1972 meeting.
1. ZMP-202. Harold Whitlow. To rezone l.o acre from A-1 Agri-
culture to RS-1 Residential. Property is located on the north
side of the C$0 Railroad right-of-way on an unnamed road approxi-
mately 112 mile north of Route 691. Property is described as
County Tax Map 55, Parcel 25A (part thereof). White Hall
Magisterial District.
en
Hr. Thurston, repreJting Mr. Whitlow, was present and presented a
preliminary plat showing the possible division of land to accommodate the
desire of the applicant. It did not show the location of the mobile
homes. A lengthy discussion was held by the Commission on the merits of
the petition and its relation to the adopted policies and guidelines of the
Comprehensive Plan.
Upon motion by Mr. McClure, seconded by Dr. Sams, ZMP-202 was recom-
mended for denial by reason of spot zone, not in conformity with adopted
policy relative to residential development under the Comprehensive Plan.
The motion carried by a unanimous vote
2. ZMP-208. L.E. Bunch. Petiton to rezone 2.515 acres from
A-1 Agriculture to B-1 Business. Property is located on the
Page 592
north side of Route 692 approximately 300 feet east of its inter-
section with Route 29 South, known as Cross Roads. Property is
described as County Tax Map 99, Parcel 5, Samuel Miller
Magisterial District.
Mrs. Bunch presented a revised preliminary site plan showing a shif-
ting of the building. A general discussion followed with items discussed
relative to the facility fitting in with the total development of the area,
the need for an up -grading of the commercial facilities in this area and
the need for planned commercial development.
Upon completion of the discussion, Mr. Parks motioned to approve
the application as requested, seconded by Mr. Tinsley, which was approved
by a 7 - 1 - 1 vote. The concensus of the Commission was that many of the
purported problems could be reviewed and prevented with site plan approval.
3. ZMP-214. David Roach. Petition to rezone 1 o.95 acres from
A-1 Agriculture to RS-1 Residential. Property is located on
west side of Route 789 at tis intersection with Route 810.
Property is described as County Tax Map 56, Parcel 5E, White
Hall Magisterial District.
After a discussion, Mrs. Craddock made a motion to deny the request,
seconded by Mr. Roudabush, by reason of poor condition of land, irregular
shape plus RS-1 zoning not in character with the land. The A-1 zone as
applied is not suited to the land and not in the best interest of those
who might purchase land within any subdivision of the parcel. In summary
the land did not have the capabilities to support a proper RS-1 develop-
ment. The motion carried by a 7 - 1 - 1 vote.
4. Mrs. A.E. Cutright, Sr. To allow two duplex units on 88.195
acres zoned A-1 Agriculture. Property is located off south side of
Route 614 aoproximately 3/4 mile east of its intersection with
Route 29 South in Red Hill area. Property is described as County
Tax Map 88, Parcel 8, Scottsville Magisterial District.
Further discussion was held on the matter without a decision. The
applicant was instructed to submit a plat plan with a relation to the
entire tract to assist the Commission in making a decision. Osgood
5. Herbert Lee Roberts - Restricted Road
Page 593
This was a subdivision of large lots ( 3 lots) in the area of
'Woodridge" just off Route 708, as prepared by Mr. Frank Gregg for
with
Mr. Roberts. Approved in keeping the requirements for the establishment
of restricted roads.
6. Arbor Park Subdivision - Preliminary
The Commission, having viewed the proposed subdivision and finding
everything in order relative to layout and percolation, approved the
Preliminary with state -maintained road. The decision was unanimous.
At this time the Chairman called for the new items of business.
Public Hearings
1. ZMP-211. M.W. Worley. Petition to rezone 2.8 acres from
A-1 Agriculture to R-1 Residential. Property is located on the
west side of Route 785 approximately 1/8 mile north of its
intersection with Route 649. Property is described as County
Tax Map 32, Parcel 29 (part thereof), Rivanna Magisterial District.
*%Now The staff presented his report in support of an RS-1 zone as opposed
is
to R-1 as requested. This decision based on adopted policy of the Board,
relative to the Comprehensive Plan and the staff's concern for small lots
on septic systems.
After a discussion, Mr. Parks motioned to approve the petition as
requested which was seconded by Mr. McClure. The motion carried by a
unanimous vote.
2. CUP-150. Walter Cushman. Peititon to install a central well
water supply to serve a subdivision, to be known as "Meriwether
Hills" in the Ivy area. Property is located on the south east
side of Route 678, just north of Route 250 West. Property is des-
cribed as County Tax Map 58, Parcel 87, Samuel Miller District.
Mr. Roudabush excused himself from discussion on this matter.
The staff presented information relative to the five day test on the
well which indicated that 52 units could be served based on present
Health Department standards with 7800 gallons of storage. The staff
'"""""" noted that a 5000 gallon storage tank was to be installed initially.
Page 594
The applicant stated that additional storage is contemplated. The 5000
gallon storage will serve 33 units. The staff reported that the County
Engineer had reviewed the plans for lines and approved 6 inch lines with
material approved by the Service Authority.
After a disucssion, Mr. Parks moved for approval of the CUP with
the conditions of approval by the Health Department and the lines as
recommended by the County Engineer. The motion was seconded by Dr. Sams
and approved unanimously by the Commission.
At this time the Chairman called for other matters on the agenda.
1. Ivy Gardens Apartments, Phase II Site Plan. Approved as sub-
mitted and on file with the condition that the southern most entrance be
eliminated and a final review for soil and erosion preventive measures.
Z. Buck's Elbow Farm. Preliminary. Approved with the conceptual
approval to utilize restricted roads, but subject to the final approval
of restricted roads after a review by the Commission of methods to have
proper maintenance and control of roads and open space.
This concluded the agenda ilms. At this time the Commission instructed
the County Planner to persue with all haste the preparation of material
necessary for the consideration of the proposed Zoning Ordinance and
Subdivision Ordinance.
There being no further business, the meeting was adjourned.
Secretary
Page 595
Minutes
May 1, 1972
This was a regular meeting of the Albemarle County Planning Commis-
sion, held on May 1, 1972, with the following members present: Messrs:
Avery Catlin, David Carr, James Parks, Wilbur Tinsley, James Sams, Louis
Staley, Clifton McClure, and William Roudabush, and Mrs. Ellen Craddock.
Also attending were Supervisors Stewart Carwile, Gerald Fisher, and
Lloyd Wood.
The Chairman established that a quorum was present.
At this time the Chairman was informed of the request to withdraw
SP-10-7 by Stephen A. McClellan without prejudice. A lengthy discussion
followed. It was the concenus of the Commission that such withdrawal
should take place earlier and not at the last minute. This was an incon-
venience to the public.
Upon motion by Mr. Carr, seconded by Mr. Parks, SP-167 was permitted
to withdraw without prejudice. The motion carried by a 6 - 3 vote.
At this time the Chairman called for the public hearings.
1. SP -166. Russell E. Safley. To locate a permanent mobile home
on 2.12 acres zoned A-1 Agriculture. Property is situated on Route
20 North (Stony Point Road) in the area known as Eastham on east
side of Route 20. Property is described as County Tax Map 62, Parcel
54(9) and Map 63, Parcels 5B and 6 (part of all three), Rivanna
Magisterial District.
The request was approved by an 8-0-1 vote with the conditions as
suggested by the staff upon motion by Mr. McClure, seconded by Mr. Tinsley.
Mrs. Craddock abstained by reason of not having viewed the site.
2. SP-168. Gus Anthos.To locate a wholesale distributing facility
on property presently housing the C-K Steakhouse on Route 29 North.
Property is described as County Tax Map 61, Parcel 135A, containing
3.71 acres, Charlottesville Magisterial District.
09
Page 596
Mr. Roudabush at this time excused himself from discussion of the
matter and left the Commission.
Mr. Roudabush made himself available to answer questions regarding
this petition.
Mr. James Murray, representing the Catholic Diocese of Richmond and
the Holy Comforter Church appeared and spoke against the location of the
facility.
Mr. Gus Anthos, representing the petition stated that there would be
no tractor -trailers, only small trucks, and no night activity.
After a discussion on safety hazards and access, Mr. Carr made the
following motion, seconded by Mr. Parks; that SP-168 be approved subject
to screening on the north property line and a 12 foot wide de -acceleration
land in front of the property. The motion carried unanimously.
3. SP-169. James R. Hahn. To locate one duplex structure on a
parcel containing 256 acres on Route 664 approximately 3 miles north
of Earlysville. Property is described as County TAx Map 18, Parcel 34,
White Hall Magisterial District.
The staff presented his report noting concern of permitting wholesale
approvals of duplexes beyond the Village Centers.
Mr. Hahn presented his petition stating it would be located some
distance from the road. He intends to live in one unit and rent the other.
He will be on the road quite a lot and desired to have someone on the
property to assist in the security of the 200+ acre farm.
After a discussion Mrs. Craddock moved to deny the request,
seconded by Mr. Tinsley.. The motion failed by a 3-6 vote.
At this time, Mr. Carr moved for approval of one duplex, seconded
by Mr. Staley, with setback conditions to the satisfaction of Mr. Hahn
and the staff, and Health Department approval. The motion carried by
a unanimous vote.
KA
Page 597
Mr. W.R. Burrur and a resident of Route 644 appeared to receive
information and to relate some of their concerns relative to a concentration
of dwellings which they did not favor.
4. SP-170. Lorenza Fields. To locate a permanent mobile home on
1.4 acres zoned A-1 Agriculture. Property is located on Route 744
near Interstate 64 in the Keswick area. Property is described as
County Tax Map 80, Parcel 26, Rivanna Magisterial District.
This mobile home was in place. (had been for two years)
After a discussion, Mr. McClure moved for approval with staff
conditions relative to septic tank system be installed, which was seconded
by Mr. Tinsley. The motion carried unanimously.
The staff was instructed to communicate with Wards Mobile Homes to
relay the concern of the Commission in the selling of mobile homesto people
without proper information being given as to the local requirments for such
facilities. Staff to submit strong language.
S. SP-172. W.G. Seablom. To locate a permanent mobile home on
land zoned A-1 Agriculture containing 6.18 acres. Property is
located on Route 666 near Earlysville. Property is described as
County Tax Map 18, Parcel 10B (part thereof), White Hall Mag. District.
This petition was deferred until May 8, 1972, to permit the Commission
to field inspect the site.
Subdivision Plats
1. An informal discussion was held on a request of Mrs. Mary Burnett
who desired a restricted road. No action was taken, but instructions as to
the approach in alignments was suggested.
2. Request for restricted road in Royal Acres Subdivision for two
lots whose access had been removed by the location of I-64. James Spain was
the applicant.
The restricted road was approved by a unanimous vote of the Commission.
Old Business
1. ZMP-177. Charles Smith. This peition was permitted to be
withdrawn without prejudice.
There being no further business, the meeting was adjourned.
ecre ary
Page 598
MINUTES
May 8, 1972
This was a regular meeting of the Albemarle County Planning
Commission, held on Monday, May 8, 1972, at 7:30 p.m. in the County Court room
of the County Court House. Members present were: Messrs: Avery Catlin,
Daivd Carr, Wilbur Tinsley, JAmes Sams, Louis Staley, Clifton McClure and
Mrs. Ellen Craddock.
Also attending the latter half of the meeting was Lloyd Wood, Supervisor.
The Chairman established that a quorum was present.
There were no minutes to be approved.
Public Hearings
1. ZW-219. Amon P. Williams, to rezone approximately 48 acres
from A-1 Agriculture to R-1 Residential. Property is located on
Route 743 in the immediate aread known as Earlysville and is the
developing subdivision of "Earlysville Heights." Property is
described as County Tax Map 31A, Parcel 1 and Lots 1, 2, 3, Block A
and Lots 1, 23, 3, Block B, Section 1, Rivanna Magisterial District.
The staff read its report to the Commission and answered necessary
questions and stated that this request arose because of the preliminary plat
being submitted before zoning and it had been determined to be invalid.
Mr. Morris Foster, representing Mr. Williams, explained that the
original plan for the subdivision called for some 45 lots on 57 acres. He
said that it had been planned to have all lots served by private water wells
and septic systems for each lot.
Mr. Foster explained that streets in this subdivision had been graded
years ago and to not be able to use them or the lots would be a hardship on
Mr. Williams. He noted that of the first 17 lots, 11 homes had been built.
Questions on why this request came before the Commission were raised.
Mr. Foster explained that this plat was submitted prior to zoning and that
a one year time limit on final plat approval was in effect at that time.
He noted that the remaining undeveloped lots averaged 0.7 acre each.
Page 599
The commission was unsure as to Mr. Williams' rights on this matter and
directed the Zoning Administrator to communicate with the County Attorney
to determine this. On a motion by David Carr, seconded by Dr. Sams, the
Commission voted unanimously to defer this matter until the May 15, 1972
public hearings so that an answer could be gotten on this problem.
2. ZMP-220. M.W. Worley. To rezone 9.7 acres from A-1 Agriculture
to R-1 Residential. Property is located on7_Route 649 east of
Route 29 North and immediately north of "Springfields Subdivision"
which fronts on Route 649. Property is described as County Tax
Map 32B, Parcel B, Rivanna Magisterial District.
The staff presented its report and noted that Mr. Worley was not
present. Mrs. M.J. Lovelace stated that she agreed with the staff report
that the property should be rezoned to RS-1 rather than R-1 as requested.
There was no further discussion. Mrs. Craddock moved that the
request be approved as recommended by the staff. It was seconded by Dr.
Sams and carried unanimously.
3. ZMP-222. Joel M. Cochran, Inc. To rezone 2.62 acres from
A-1 Agriculture to RS-1 Residential. Property is located just
off Route 250 West on Route 751. Property is described as County
Tax Map 56, Parcel 34, White Hall Magisterial District.
The staff presented its report to the Commission.
Mr. Joel Cochran spoke to the group and explained that due to two
main dwellings being located on this parcel as it existed, it was impossible
to sell the land. If the parcel were rezoned, it could be divided and each
home sold separately on its own lot.
Mr. Daivd Carr moved that the request be granted. Mr. Clifton McClure
seconded, and the motion carried unanimously.
4. ZMP-223. Elliott Hyman. To rezone 20 acres from A-1 Agriculture
to R-2 Residential. Property is located on east side of Route 29
North, south and across the north fork of the Rivanna River from
Scott Aviation Building. Property is described as County Tax Map 32,
Parcel 5A. (part thereof), Rivanna Magisterial District.
The staff presented its report which stated that the request was
not compatible with the Comprehensive Plan, and recommended denial.
Page 600
Mrs. M.J. Lovelace spoke again, and stated that she had read the
staff report and completely agreed with the County Planner.
Mr. McClure moved that the request be denied. It was seconded by
Mrs. Craddock and carried unanimously.
S. SP-173. Albemarle County Zoning Office for Ruby Sandridge. To
allow a temporary public garage to store junk cars for the County's
junk car removal program in the Crozet area. Property, which contains
S acres, is located on the north side of Route 240 just east of
Morton's Frozen Foods and is described as County Tax Map S6, Parcel
78, White Hall Magisterial District.
The staff reported that adjacent property owners had not been notified
and that the applicaton had not been signed. Therefore, the staff would
prefer to hear this request at the first June meeting.
6. SP-176. Leon E. Good. To allow a temporary mobile home, in
connection with the construction of a permanent standard dwelling on
3 acres locted off Route 630, 1.5 miles from Old Dominion. Property
is described as being zoned A-1 as found on County Tax Map 118,
Parcel 37D, Scottsville Magisterial District.
This request was withdrawn prior to the Planning Commissio-n meeting.
Old Business
1. SP-172. W.G. Seablom. To locate a permanent mobile home on
land zoned A-1 Agriculture containing 6.18 acres. Property is
located on Route 666 near Earlysville. Property is described
as County Tax Map 18, Parcel 10B (part thereof), White Hall Mag. Dist.
The Commission asked to have its memory refreshed in this matter
by the staff. After the staff report, Mr. Tinsley commented that he had
visited the site and explained what was there and asked questions on certain
items that he questioned.
There being no further disucssion, a motion was made by Mr. Tinsley
for approval. This was seconded by Mr. McClure and carried unanimously.
Site Plan
1. City of Charlottesville, Penn Park (Wayland Park)
Tom Conger, City Planning Director introduced Harry Porter and
Tony Barnes of the firm of Land Planning and Design who formulated the
plans for the Penn Park Recreation area.
Page 601
Mr. Porter displayed numerous maps which told a very complete story
of the proposed developemnt of the park.
After a lengthy discussion regarding the park's relation to the
proposed Meadow Creek throughway, County Service Authority easement rights
for sewer lines, and park access, the Commission recommended approval of
Penn Park with the following conditions to the Board of Supervisors on a
motion by Mr. McClure. This was seconded by Mr. Carr and carried unanimously.
1. Provisions be on the Site Plan and an agreement consumated with
the County regarding a potential trunk sewer line which, under
present proposals, will traverse the proposed park.
2. Provisions be made to accommodate a proposed road, known as
"Meadow Creek Road" on the adopted County Major Thoroughfare
Plan and the more recently adopted Comprehensive Plan.
The commission was desirous in accommodating the park and
the proposed road. It was noted that a re-evaluation of
alignment may be in order to accomplish this.
3. That proper ingress and egress be afforded to Penn Park
through the improvement of Route 768.
The Commission noted that in the event Meadow Creek Road was
constructed, that direct access should be provided from said road for good
access from all points of the service area of the park.
There being no further business, the meeting was adjourned.
Secretary.
IM
Page 602
MINUTES
May 15, 1972
This was a regular meeting of the Albemarle County Planning Commis-
sion, held on Monday, May 15, 1972 in the Board of Supervisors Meeting
Room commencing at 7:30 p.m. The following members were present: Messrs:
Catlin, Staley, Sams, Parks, Tinsley, McClure and Mrs. Craddock. Also
attending were Supervisors Lloyd Wood, and Stewart Carwile; Rosser Payne,
Planning Consultant; and Herbert Pickford, County Attorney.
The Chairman established that a quorum was present.
minutes of May 1, 1972 and May 8, 1972 were approved as submitted.
At this time the Chairman called for the scheduled public hearings.
1. SP-177. Samuel Bradley. To locate a permanent mobile home on
approximately 9.0 acres in an A-1 Agriculture zone. Property
which is located on the east side of Route 20 North at its
intersection with Route 641, is described as County Tax Map 35,
Parcel 36 (part thereof), Rivanna Magisterial District.
The secretary presented the staff report suggesting that if approval
was given that a 200 foot setback from Route 20 be imposed in addition to
the standard Health Department approval of a septic tank system.
Mr. & Mrs. Bradley were present and stated that they would like to
build a standard single family dwelling some time in the future. The agreed
to establish a 290 foot setback and that trees between the road the the
proposed site would remain for screening.
Several persons appeared to ask questions regarding the request with
the following statements:
A. Mr. Bearden - wanted to know if any more mobile homes were
contemplated
con
B. A women felt this might be opening a wedge in permitting other
mobile homes.
C. A gentlemen and immediate property owner, requested imformation
relative to the exact location
Page 603
During the discussion by the Commission it was the consensus that this
would not be setting a precedent; that the setback and screen would provide
the elements to not change the character of the area or be detrimental.
Upon a motion by Mr. McClure, seconded by Mr. Parks, Special Permit 177
was approved with the 200 foot setback from Route 20, the screening of ex-
isting trees remaining and Health Department approval of a septic tank
system. The motion carried by a unanimous vote of those members present.
2. SP-178. Raymond M. Spradlin. To allow a permanent mobile home
to be located on 5.15 acres of land zoned A-1 Agriculture. Prop-
erty which is located on Route 795 near Scottsville is described
as County Tax Map 123, Parcel 12-4, Scottsville Magisterial
District.
At this time Mr. McClure excused himself from participating in this
matter because of possible conflict of interest.
The secretary presented the staff report suggesting a 100 foot setback
from Route795 and Health Department approval for a septic tank system.
Mr. Spradlin presented the petition stating that he had an easement
for access from Route 795. He felt that 100 feet of setback might place
the mobile home over a knoll, however he wasn't sure.
No one appeared in opposition.
Mr. Parks moved that S.P.-178 be approved with a 75 foot setback from
Route 795 and Health Department approval for a septic tank system. The m
motion was seconded by Dr. Sams and approved unanimously by those members
present.
3. ZMP-219. Amon P. Williams. To rezone approximately 48 acres
from A-1 Agriculture to R-1 Residential. Property is located on
Route 743 in the immediate area known as Earlysville and is the
developing subdivision of Earlysville Heights. Property is
described as County Tax Map 31A, Parcel 1 and Lots 1,2,3, Block A,
and lots 1,2,3, Block B, Section 11, Rivanna Magisterial District.
This petition was deferred from the May 8, 1972 meeting for information
and clarification of the status of the Earlysville Heights Subdivision.
The secretary reported to the Commission that prior to the adoption of
Zoning in the County a preliminary subdivision plat and a final plat for
Page 604
Section 1 "Earlysville Heights" was submitted to the County for approval.
This occurred in February, 1968. Approval was given on April 15, 1968.
Zoning was instituted by the Supervisors with an A-1 classification on this
property making the approval of half acre to three-quarter acre subdivision
non -conforming as to lot size.
The County Planner, in April, 1968, asked the Commission and Board of
Supervisors for direction regarding the approvals of subdivision, which had
not been recorded, prior to the adoption of zoning. The Commission and
Board saw fit to recognize this division of land under the laws applicable
at the time of approval and adopted a resolution accordingly to assist
the staff. The Board's resolution was adopted April 18, 1968.
Section 1 of Earlysville was subsequently recorded and is recognized.
The preliminary subdivision approval, good for one year, expired under laws
applicable. Now, the remaining land subdivision must comply with zoning,
therefore the basis of the Zoning Map Petition before the Commission
and Board.
The CONtaission and Board have now adopted a Comprehensive Plan. This
plan indicates the parcel to be in the cneter of the Earlysville Cluster,
however, to meet the standards and objectives in permitting R-1 type deve-
lopment it must be served with one or both of public sewer and water.
Otherwise, it should remain in not less than one acres lots. Both the
Commission and Board have denied new developments with related R-1 requests
in the immediate area and have established RS-1 zoning in lieu of R-1.
The Commission and Board, relative to this request, find themselves
with the problem of a developer who has planned for a development of half -
acre to three-quarter acre lots, established roads and cost on that basis,
and on the other hand they have established a recent policy regarding lot
sizes without public sewer and/or water.
Page 605
Mr. McClure was of the opinion that it would be a hardship not to per-
mit Mr. Williams to continue the original development concept and that the
County has set the pattern on this parcel of land by permitting it in the
first place.
Dr. Sams was of the opinion that we had adopted a plan for directing
growth with guide lines to allievate potential problems and should adhere
to the principles of that "Plan."
Mr. Tinsley essentially agreed with Dr. Sams, however, felt that
three-quarter acre lots was sufficient for septic tanks and individual
wells.
Mrs. Craddock stated that she did not want to impose any hardship on
the applicant, however, the buyers of the lots should be considered and
protected relative to proper septic tank and sufficient land area in case
of malfunction of septic tanks.
Mr. McClure had moved, prior to the termination of this discussion,
for approval. However the motion failed for lack of a second'.
Mrs. Craddock, at the end of her statement, moved for denial of the
request which was seconded by Dr. Sams and was approved by a 5-2 vote.
The public hearing having been concluded, the Chairman called for the
scheduled work session for the proposed Zoning and Subdivision Ordinances.
Mr. Payne, Mr. Pickford and the County Planner participated in the
discussions primarily regarding a legal authority for adoption of such
ordinances relative to particular elements of each ordinance of which a
summary of items covered follows:
l.Dedication of land for roads. It was clarified that authority
exists for requiring dedication within subdivisions. Authority beyond and
abutting subdivisions has been assumed for many years and without contension.
A law is believed to have been passed by the legislature affording the
authority to localities. However, the actual bill has not been reviewed
but will be checked. Mr. Pickford indicated if it is law, it should be
incorporated into the appropriate ordinances. It was noted also that the
Zoning Ordinance should include similiar language requiring dedication.
Page 606
It was noted that Section 15.1-299 was sufficient authority to do so.
Mr. Pickford agreed.
2. Dedication of easements for utilities was discussed. It was the
opinion of the County Attorney and Planner that under present law this could
not be done.
3. A discussion on the desire to strengthen the Building Permit proce-
dure relative to the County Code was held. The County Attorney indicated
the need to strengthen this provision within the Code requiring Building
Permits. He felt this should be done in view of the desire of many
County departments and problems that had arisen regarding the present system
of issuing such permits.
4. Fee schedules were discussed and the County Attorney indicated
that there was a desire to have the Planning Department self-sustaining. He
indicated that the Planner would have to support a fee schedule require-
ment through a cost analysis of time spent in processing the numerous per-
mits to assist in determining proper and fair rates.
S. Performance Bonds relative to storm drainage under the Zoning
Ordinance wereldiscussed. The County Attorney felt there was sufficient
legal authority to require bonds within the Zoning Ordinance relative to
Site Plan control.
The Commission instructed the secretary to inform the public and
Mr. Forbes Reback of the work session scheduled for May 22, 1972, at
7:30 to discuss the proposed revised subdivision ordinance.
There being no further business, the meeting was adjourned.
9
Page 609
June. 5, 1972
This was a regular meeting of the Albemarle County Planning Commission held
on June 5, 1972 commencing at 7:30 p.m. The following members were present:
Messrs: Catlin, Tinsley, Roudabush, Staley, Sams, McClure, Carr, and Mrs.
Craddock. Also attending was Supervisor_ Lloyd Wood.
The Chairman established that a quorum was present.
The minutes of May 15, 1972 were approved as submitted.
The chairman at this time called for the scheduled public hearings.
1. ZMP-224. Stephen A. McClellan. To rezone 8.5 acres from A-1
Agriculture to R-1 Residential. Property is situated on the
west side of Route 606, just north of the entrance to Chris
Greene Park. Property is described as County Tax Map 32, Parcel
4 (part thereof), Rivanna Magisterial District.
The staff presented his report recommending denial. Mr. McClellan, who
arrived late, presented his petition stating his reason for asking for the
rezoning was the increased taxes and that there existed a similar subdivision
►,,, immediately south of the property.
Mrs. Lovelace appeared in opposition and in support of the staff recom-
mendations.
Dr. Sams was of the opinion that to grant the request would set a prece-
denyand would be uncompatible with the Chris Greene Lake and the Comprehensive
Plan. Dr Sams moved for denial with Mr Carr seconding the motion. The motion
carried by a 6-3 vote.
Mr Parks had stated a need for housing and voted against the motion to
deny.
Mr. Roudabush stated that we ought to consider what utilities are
available and the best land use. He considered this request an extension
of residential strip road development with small lots.
Dr. Catlin stated that we have an adopted policy and land use plan. He
was concerned with strip residential development.
Page 610
2. .ZMP-225. George Lovelace & Robert Lutz. To rezone 6.767 acres
from A-1 Agriculture to R-1 Residential. Property is situated
on east side of Route 657 (Lambs Road) 0.7 mile north of Route
657 intersection with Hydraulic Road at Albemarle High School.
Property is described as County Tax Map 45, Parcel 19B, 19C and
20, Jack Jouett Magisterial District.
Mr. Glyde Gouldman, attorney for the applicants, presented the petition
stating that all adjoining land owners were in favor of the request. That
the development of the land was impractical for anything but R-1 development
because of the high cost of one acre lots. He also indicated the possible
use of the central water system of the R.O.B. Corporation which is located
on property immediately north. Mr. Gouldman was of the opinion that R-1 deve-
lopment would be compatible with the area and the Land Use Plan.
Mr. Robert Lutz, petitioner, spoke of the previous request on an R-3
zoning indicating a desire under this request to meet the objections of
the previous opposition.
Mr. Lovelace, petitioner, spoke to the point of the request being
compatible.
A Mr. Porter, resident of Lambs Road, spoke in opposition to any
action that would increase the traffic on Lambs Road. Spoke to the safety
of school children walking to school along this road. Stated that many
residents were not aware of the hearing. Presented a newspaper clipping
regarding the previous hearing on R-3 zoning of this parcel which the
Commission and Board had denied.
Mr. James Walker, property owner on Lambs Road, stated that to his
knowledge all property owners were opposed to the rezoning.
Mr. James M. Flemi. g, realtor and property owner on Lambs Road, spoke
in favor of the request.
Mrs. Vicky Burton, realtor and property owner, spoke in favor the
request.
This concluded the public hearing, upon which a discussion followed.
Mr. Parks was of the opinion that two acre tracts or one acre tracts were too
expensive to buy in this area and would defeat the objectives of supplying
Page 611
reasonably priced homes. He moved for approval of this request which was
seconded by Mr. Roudabush. The motion to approve the request was passed
by a unanimous vote.
Mrs. Craddock noted her concern for the protection of the stream on
the property
3. ZMP-226. William Stevenson. To rezone 32.6 acres from R-2 Resi-
dential to A-1 Agriculture. Applicant wishes to expand existing
mobile home park. Property is situated at the end of Green -
fields Court just north of the intersection of Greenfields Court
with Hydraulic Road. Property is described as County Tax Map 45,
Parcel 94, Charlottesville Magisterial District.
Mr. Stevenson, petitioner, presented the request stating that the
expansion of the mobile home park would not be visable from the roads,
and there was a need for expansion.
Mr. Davis, present operator of the existing facility, said that the
six acres would permit a doubling of the space available. They plan to
use County water and there are 28 spaces.
This concluded the public hearing. During a discussion by the Commis-
sion, Mr. Roudabush felt this was spot zoning, however, he felt the need
for mobile home spaces was critical and that a genuine need existed. Mr.
Staley was concerned with the density, he felt large trailer spaces should
be provided. At the conclusion of the discussion, Mr. Roudabush moved
for approval of this request, seconded by Mr. Staley. The motion carried by
a unanimous vote.
4. ZMP-227. Herman & Joyce Spr ouse. To rezone 3.0 acres from A-1
Agriculture to RS-1 Residential. Property is situated on north side
of Route 649 across from "Jefferson Village Subdivisin." Prop-
erty is described as County Tax Map 32, Parcel 24F, Rivanna
Magisterial District.
Mrs, Sprouse presented this petition. No one appeared in opposition.
The staff presented his report noting the request was in compliance with
the Comprehensive Plan and the existing character of the area.
Page 612
Upon conclusion of the hearing, Mr. Roudabush moved for approval,
seconded by Mrs. Craddock. The motion carried by a unanimous vote.
5. ZMP-228. Floyd $ Fannie Haney. To rezone 2.0 acres from R-2
Residential to A-1 Agriculture. Property is situated on north
side of Route 631 (Rio Road) in the vicinity of the Vocational -
Tech School. Property is described as County Tax Map 61, Parcel
154B, Rivanna Magisterial District.
Mrs. Haney presented her petition for rezon ing stating her desire
v
to accommodate one mobile home on her property to maintain her son and his
wife.
Numerous persons appeared in opposition as follows:
A. A resident wants Rio Road kept as Residential use.
B. Walter Flower, adjacent property owner, stated he would see that
tract of land and a mobile home is far beyond the tone of a standard
dwelling. He alluded that the church which owns property adjacent to the
request was against the zoning.
C. Mrs. Clark, resident of area, was opposed to the rezoning because
the location of a mobile home would devalue her property and detract from woo
the Vocational School.
D. Roger Stanley wanted zoning to remain as is.
Several persons appeared in favor:
A. Charles Echols, representing A.B. Torrence, spoke in favor.
B. Hazel Kesler stated she cannot see mobile home being objectionable.
Can be made appealing.
The public hearing being concluded, Mrs. Craddock moved for denial
of the request to assist in stabilizing and j)rotecting the area. The
motion was seconded by Dr. Sams. The motion carried by a unanimous vote.
6. SP-173 A Dennis Barnes. To locate a mobile home on 42.0 acres
situated on Route 691, southwest of Batesville. Property is
described as County Tax Map 84, Parcel 67A, Samuel Miller
Magisterial District.
The request was approved unanimously with staff conditions upon
motion by Mr. Staley, seconded by Mr. Carr.
No one appeared in opposition.
Page 613
7. SP-179. Hazel D. Kesler. To locate a permanent mobile home on
2.0 acres in an A-1 zone located on Route 784 at "Stony Point."
Property is described as County Tax Map 48, Parcel 5 (part there-
of), Rivanna Magisterial District.
This request was approved unanimously with the conditions of the staff
upon motion by Mr. Carr, seconded by Mr. McClure.
No one appeared in opposition.
8. SP-173. Ruby Sandridge. To locate a temporary public garage for
the storage of junk vehicles in connection with a program of
removal of junk autos sponsored by the County of Albemarle and
local organizations. Property is situated on north side of Route
240 0.25 mile east of Acme Visible. Property is described as
County Tax Map 56, Parcel 78, containing 5 acres, White Hall
Magisterial District.
The Zoning Administrator presented the petition on behalf of the County
of Albemarle and local organizations involved, stating that the request
was necessary for the start of a program to remove junk vehicles from the
County and particularly in the area of this request. The permit is
requested for six months only.
The Commission was appreciative of the efforts of all concerned in
this endeavor. Upon motion by Mr. Carr, seconded by Mr. McClure,
SP-173 was approved for six months by a unanimous vote. With Condition that
land is to be cleaned and reseeded after completion of the project.
This concluded the scheduled public hearings.
At this time the Chairman called for Subdivision Plats.
1. Restricted road, Japeth Nelson tract near Porters.
Mr. Roudabush excused himself from Commission discussion and voting
on this matter.
A discussion was held on the division of this tract relative to the
legal aspects of a center parcel of land being subdivided causing the
two remaining tracts, created by the subject division, to be in essence
legal lots.
Upon conclusion of the discussion, Mr. Carr moved to approve the one
parcel subdivision subject to the parcels being labeled A, B and C, with
Page 0614
parcel "B" being approved. A statement is to be placed on the plat
indicating that Parcels "A" and "C" cannot be sold without approval
of the Planning Commission and that Parcel "B" indicate a dedication of *000
25 feet where it fronts on the indicated old County road. Mr. McClure
seconded the motion which carried by a 8-0 vote, Mr. Roudabush having
excused himself from the discussion.
2. Restricted road, Earle Lipscomb at Dominion.
It was noted that the restricted road could serve three parcels.
Because of the large acreage involved, the Commission was of the opinion
that the right-of-way - restricted was in order. Upon motion by Mr.
Roudabush, seconded by Mr. Parks, the 50 foot restricted road was
approved, subject to the right-of-way serving no more than the three
parcels indicated on the plat as prepared by R.O. Snow, dated 4-26-72,
described as a 15.0 acre parcel of land of Earle Lipscomb.
At this time the Chairman called for site plans.
1. Sherwood Manor apartments. 240 units.
Approval conditioned upon, deacceleration lanes on secondary roads,
approval of soil erosion preventive measures and proper pedestrian
circulation between adjacent properties and a sidewalk on one side of
the internal road which is to be in the state system.
2. Azalea Park apartments - I-64 and Moore's Creek.
The Commission in its review of this site plan denied the proposal
on the basis of the building being on the slopes and within the flood
plain as indicated by the U.S. Corps of Engineers in their report on
"Moore's Creek." The commission did so on the basis of the general
health, safety and welfare relative to the potential disaster which
could occur by viture of flood waters during a 100 year frequency.
They also stated that the objectives of the Comprehensive Plan would
be jeopardized. The vote to deny was 5-4.
Page 615
The members voting in the negative felt that land was zoned R-3
and that the buildings had been located sufficiently above the 387.8 foot,
loo-year flood contour.
3. Garage - Route 20 North near Route 250
This site plan was approved as submitted subject to the recommendations
of the staff: 1) deacceleration lanes on Route 20; 2) approval of soil
erosion preventive measures; 3) approval of Health Department relative
to septic tank and well locations.
4. L.E. Bunch - IGA Store on Route 692 near Route 29 in the Crossroads
area
Approval subject to replacement of drainage pipe under Route 692 to
satisfaction of the Highway Department; 15 inch drainage pipes at the
two entrances and exits on Route 692; approval of septic tank and well
location; sufficient drainage channelization along Route 692 fronting
on the property; a widening of 692 to 12 feet between the eastern and
western property lines and approval of soil erosion preventive measures
on site including resloping of area immediately north and east of the
proposed building; seeding and maintaining permanent vegetation on said
slopes as outlined in the County Erosion Handbook, pages 16 and 17.
During grading, maintain a berm along the front of the graded area to
prevent soil from washing into Route 692 and the adjacent stream.
Seeding to be done, weather permitting, just as soon as grading is completed.
This concluded the scheduled agenda items.
At this time Mr. Warren Wade was recognized who desire a preliminary
approval for a restricted road on land known as Quandary Farms.
The Commission felt additional information was needed and deferred
this matter to later date.
There being no further business, the meeting was adjourned.
Secretary
Page 616
June 12, 1972
This was a regular meeting of the Albemarle County Planning Commission
held on June 12, 1972, commencing at 7:30 p.m.
Present were: Dr. Avery Catlin, Chairman; Clifton McClure, Vice
Chairman; Wilbur Tinsley; Louis Staley; James Sams, James Parks, David
Carr; Ellen Craddock and also attending was Supervisor Lloyd Wood.
The Chairman established that a quorum was present.
At this time the Chairman called for the public hearings as
scheduled
PUBLIC HEARINGS
1. ZMP-230. Ray Alan Moore. To rezone 2.0 acres from A-1
Agriculture to RS-1 Residential. Property, which is located
off the west side of Route 627 in the area known as Porters
Precinct, is described as County Tax Map 128A(2), Parcel 2,
Scottsville Magisterial District.
The staff presented his report stating this request complied with
the adopted Comprehensive Plan and recommended approval. No one appeared
in opposition.
Mr. Moore gave a short presentation stating he desired to construct
a single family dwelling on one acre leaving a mobile home on the second
acre.
Upon motion by Dr. Sams, seconded by Mr. Tinsley, and approved
unanimously by those members present, ZMP-230 was granted
2. ZMP-232. Claude B. Spradlin. To rezone 1.0+ acres from B-1
Business to A-1 Agriculture. Property, which is located on
Route.'O.South:at i:ts-iotersect.i-on'with Route:6, is described
as County Tax Map l30A(l'),, Parcel 27 (part thereof), Scottsville
Magisterial District.
The staff presented his report recommending approval.
Mr. Spradlin presented the petition stating that there was no dust.
the fertilizer would be stored in a pole shed inclosed on three sides. He
would consider closing all sides.
Page 617
The consensus of the Commission was that some control other than
site plan approval was in order, preferably a Special Permit provision.
Dr. Sams was of the opinion that with reference to this use, the
ordinance was vague. The definition of agriculture, which that use could
be construed to be under, is very broad.
Mr. Carr was of the opinion that the Zoning Ordinance should be
amended to provide better controls and to clarify this use.
A lengthy discussion was held by the Commission, after which motion
to deny was withdrawn. (Mr. Car making said motion, Mr. Staley having
seconded).
Mr. Carr then moved to revise the County Zoning Ordinance to include
bulk storage and instruct the staff to prepare the proper legal adver-
tisement for public hearing. The motion was seconded by Mr. Tinsley and
unanimously approved by those members present. ZMP-232 was tabled
pending the outcome of the above motion.
3. SP-180. Lee A. Shelby. To locate a permanent mobile home
on a lot zoned A-1 Agriculture. Property, which is located on
the east side of Route 627 approximately 900 feet north of its
intersection with Route 6, is described as County Tax Map 128,
Parcel 100G, Scottsville Magisterial District.
Upon motion by Mr. Tinsley, seconded by Dr. Sams, SP-180 was
approved unanimously by those members present, with staff recommended
conditions.
4. SP-182. T.E. Wood/Albemarle County Zoning Office. To
locate a temporary public garage for the storage of junk
vehicles in connection with a program of removal of Junk
autos sponsored by the County of Albemarle and local civic
groups. Property is located on the east side of Route 29,
4 miles south of the Charlottesville City limits just north of
its intersection with Route 745. Property which contains 10.84
acres is zoned A-1 Agricultureand is described as County Tax
Map 75, Parcel 8, Samuel Miller M-agisterial District.
Mr. Goldsmith, County Zoning Administrator, presented the petition
stating this was a County sponsored endeavor with the support of local,
Page 618
citizens organizations and was in keeping with the directions of the
County Board of Supervisors to cause the removal of all "junk vehicles"
in Albemarle County.
Several persons appeared to ask questions. Questions were raised
pertaining to:
1. What problem of pollution relative to oil from cars would there
be.
2. What traffic problems would evolve.
3. What other health hazards are expected.
Mr. Goldsmith answered the questions satisfactorily.
After •a discussion, the Commission being of the opinion this was
necessary. Mr. Carr moved for the approved, seconded by Mr. Parks, with
the condition that it be granted for six months with the area to be
cleaned and seeded immediately upon completion of the project. The
motion carriedy by a unanimous vote of those members present.
At this time the Chairman called for Subdivision Plat review.
Quandary Farm - subdivision and restricted road request.
At this time Mr. McClure excused himself from discussion and voting on
this matter.
It was noted by the surveyor and developer that it was the intent
to cut off five 30 acre tracts of land on restricted rights -of -way.
Dr. Sams indicated a concern with roads within this proposed sub-
division not being in the State Secondary system.
After a discussion, Mr. Carr moved for approval of the subdivision
with restricted roads and waiver of bonding requirement with the plat to
contain the statement with reference to the buyers being aware that the
roads were not in the State system and had to be maintained by the individual
owners of lots. Mr. Parks seconded the motion which carried by a majority
vote.
There being no further business, the meeting was adjourned.
Secretary
cm
Page 619
June 26, 1972
This was a regular meeting of the Albemarle County Planning Commission
held on Monday, June 26, 197,� at 7:30 p.m. in the Circuit Court Room. The
following members were present: Messrs. Catlin, Carr, McClure, Tinsley,
Staley, Sams, and Roudabush and Mrs. Craddock. Mr. Parks was absent. The'
Chairman established that a quorum was present.
The minutes of June 5, 1972 were approved with corrections as noted
below:
1. Under Item d with reference to SP-173 indicated that a condition
of approval was "the land is to be cleaned and reseeded after
completion of the project.
2. On the last page, with reference to Quandary Farms indicate that
Mr. McClure excused himself from discussion of and did not participate
with the Commission on this matter and indicate that with the
consensus of the Commission Mr. Roudabush instructed the applicant
to present methods to insure proper maintenance and control of any
restricted road by the potential owners of lots in Quandary Farms.
At this time the Chairman asked for direction from the Commission
regarding limiting debate on matters before the Commission to prevent repetition
and extend the meeting hours. He also indicated a desire to prevent lengthy
discussion on matter by the Commission with action being somewhat stalmated.
The Commission indicated a desire to prevent repetition and to shorten the
meetings. In addition, they felt that when there was doubt as to possible
action on a matter it should be deferred for field inspection or study
PUBLIC HEARINGS
1. ZMP-229. Lester R. Terry, Charles S. Terry and Lester B. Terry.
To rezone 57.1 acres from A-1 Agriculture to RS-1 Residential.
Property is situated on north side of Route 649, across from "Jef-
ferson Village Subdivision." Property is described as Tax Map 32,
Parcel 25 and 25D. Rivanna Magisterial District.
The staff presented his report indicating the request generally complied
with the Comprehensive Plan. A representative of the applicant presented the
..,► petition stating the staff had sufficiently covered the facts involved in the
petition.
Page u20
Upon completion of the Commission discussion, Mr. Carr moved to approve
the request, seconded by Mr. McClure.
a unanimous vote.
The motion for approval carried by
2. ZMP-231. Elliott Hyman. To rezone 32.0 acres from A-1 Agriculture
to R-3 Residential. Property is situated on east side of Route 29
North immediately south of the North Fork of Rivanna River inter
section with Route 29. Property is described as Tax Map 32, Parcel
5A, Rivanna Magisterial District.
The staff presented his report indicating a recommendation of denial.
Mr. Eaton Brooks, attorney for the petitioner, presented the petition
stating that the applicant's desir o construct one 10 unit structure in lieu of
which he f It was more
10 individual structures in character with the land. He requested that
the Commission visit the site before taking any action. Mrs. Lovelace
appeared in opposition to the request stating the R-3 was out of character
with the area. Water is available. After a discussion by the
Commission, Mr. Roudabush moved to defer action pending a field visit
to the site. Mr. Carr seconded the motion which was approved by a unanimous
vote.
3. ZMP-234. W.I. Mawyer. To rezone 4.42 acres from A-1 Agriculture
to R-3 Residential. Property is situated on east side of Route
29 South at North Garden. Property is described as Tax Map 98,
Parcel 10, Samuel Miller District.
The staff presented his report indicating a recommendation of denial.
Mr. Mawyer presented the petition. There was some problem in determining
what was involved relative to the proposed division of land, if the request
were granted. Upon motion by Mr. Roudabush, seconded by Mr. Carr and approved
unanimously, this peti�on was deferred pending a field trip to the site and
a plat being submitted indicating the desire of the applicant.
4. SP-175. William Stevenson. To enlarge an existing mobile home park
known as "Greenfields." Property is situated adjacent to existing
mobile home park, located at the terminus of "Greenfields Court,"
steming from Route 0631 (Rio Road). Property is described as County
Tax Map 45, Parcel 94 ( a part thereof containing 6 acres),
Charlottesville Magisterial District.
Fn
In
Page 621
The staff presented his report indicating a need for recreation
facilities noting that the mobile home park would be served by County water
and met the minimum requirements for mobile home -parks.
After a discussion by the Commission relative to provision for
recreation, Mrs. Craddock moved for approval, subject to the following
conditions: Health Dept. approval for septic tank systems, service by
County water, and ample play area on site to the satisfaction of the County
Planner. The motion was seconded by Mr. Tinsley and approved by the
unanimous vote of the Commission.
5. SP-184. Boar's Head Club, Inc. To locate a swim and tennis club
on 6.0 acres situated on the south side of Route 250 West on land
known as "Greencroft." Property is described as County Tax Map
58, Parcel 91A and 91B (part thereof), Samuel Miller Magisterial
District.
The staff presented his report stating the proposal met the minimum
zoning requirements and a recommendation of a deacceleration lane at the
entrance and Highway Dept. approval of an entrance permit and Health Dept.
approval of facilities relative to septic tank disposal system.
Mr. Tremblay, Attorney, presented the petition.
Several persons appeared to voice opposition relative to noise and
traffic hazards. Those appearing in opposition were: Mr. Harper, Albert
B. Graves, Grace Whitely, Mr. Grove, Mr. Ed. Smith. Several other persons
also spoke.
Those appearing generally in favor of the request were: Mr. Jack
Taggart and one adjoining property owner.
After a discussion by the Commission, Mrs. Craddock moved to defer
action pending a field inspection of the site. This was seconded by Mr.
Tinsley and unanimously adopted.
6. SP-185. Kenneth G. Maupin. To expand an existing General Store
Property is situated on west side of Route 29 North just south of
the intersection of Route 29 North and Route 649. Property is
described as County Tax Map 32, Parcel 43, Charlottesville
Magisterial District.
Page 622
The staff presented his report calling for the following items: marked
parking spaces on site for 21 vehicles, a deacceleration lane with
Highway Dept. approval and Health Dept. approval with reference to needed `
ago
septic tank facilities.
Mr. Maupin presented his peh tion, stating a need for expansion to serve
the growth in the area.
Mrs. Lovelace spoke to traffic problems and access. The Commission
discussed the traffic and access situation after which it was the consensus
of the Commission that action be deferred pending a site inspection.
SITE PLANS
At this time the Chairman called for review of scheduled site plans.
1. Porsche -Audi Dealership - Route 250 West at Route 20.
The staff informed the Commission that the site plan contained all
recommendations of the Site Plan Committee with the exception of the soil
erosion preventive measures.
The site plan was approved unanimously as submitted with the provision 400
of compliance with the recommendations of the Health Dept. and area conserva-
tionist relative to soil erosion preventive measures.
2. Snappys Photo Unit - Shell Oil - Greenbriar Drive at Route 29 North
The staff stated that the site plan contained all recommendations of
the Site Plan Committee
The Commission approved the site plan unanimously as submitted subject
to Highway Dept. approval for entrance from Greenbrier Drive.
AMEND MENTS TO ZONING ORDINANCE
At this time the Chairman called for the public hearings initiated by
the Planning Commission.
1. Proposal to provide for "bulk storage of materials" within the
Albemarle County Zoning Ordinance.
The Commission, at the completion of a discussion relative to appropriate
place within the ordinance, approved unanimously to include "bulk storage
Page 623
of fertilizer and related agriculture storage of material" in the B-1
Business and A-1 Agriculture zones under the Special Permit sections. The
motion was made by Dr. Sams, seconded by Mr. Carr.
2. Proposal to amend Articles 6 of the Albemarle County Zoning
Ordinance (R-3 Residential zone) to provide for Site Plan
review and approval by the County Planning Commission.
The staff presented appropriate working for discussion by the
Commission. Upon completion of the disucssion, as to the merits for the
need of such an amendment, Mr. Carr moved to include the following
provision, to be identified as Article 6 - 9 "Additional Requirements for
Permitted Uses" which was seconded by Mr. Roudabush and unanimously
approved.
6-9 ADDITIONAL REQUIREMENTS FOR PERMITTED USES
6-9-1 Before a building permit shall be issued 6r construction commenced
on apartments or other rental units in this district, or a permit
issued for a new use, the plans, in sufficient detail to show the
proposed structures including any enclosure or fence, the land-
scaping and the operations and processes to be conducted on the
premises, shall be submitted to the zoning administrator for study.
The administrator shall, together with his written recommendation,
refer these plans to the Planning Commission for their recommenda-
tion. Modifications of the plans may be required.
6-9-2 Landscaping may be required within an established or required front
setback area. The plans and execution must take into consideration
traffic hazards. Landscaping may be permitted up to a height of
three (3) feet within fifty (50) feet from the corner of any inter-
section streets.
b-9-3 Sufficient area shall be provided (1) to adequately screen permitted
uses from adjacent residential districts and (2) for off-street
parking of vehicles incidental to the rental property.
6-9-4 Automobile graveyards and junkyards in existence at the time of the
adoption of this ordinance are to be conisdered as nonconforming
uses. They shall be allowed up to eighteen (18) months after
adoption of this ordinance in which to completely screen, on any
side open to view from a public road, the operation or use by a
masonry wall, a uniformly painted solid board fence, an evergreen
hedge, or such other fencing or screening as the Planning Commission
shall recommend in order to effect the purposes of this ordinance.
6-9-5 The administrator shall act on any application within thirty (30)
days after receiving the application. If formal notice in writing is
given to the applicant, the time for action may be extended for an
additional thirty (30) day period. Failure on the part of the
administrator to act on the application within the established time
limit shall be deemed to constitute approval of the application.
Page 624
SUBDIVISION PLATS
At this time the Commission discussed a preliminary plat presented by
the staff indicating a need for additional information regarding the plat
and a desire to see a better arrangement of lots behind the road frontage
lots. Staff was instructed to inform the application of the Commission
position.
All deferred cases are to be rescheduled for July 10, 1972.
The Chairman at this time asked for the consensus of the Commission in
directing him to request the Board of Supervisors to instruct the Planning
Staff to set as top priority, the readiness of the revised zoning , site plan
and subdivision ordinances for Planning Commission review and public hearing.
The Chair was so directed.
There being no further business, the meeting was adjourned.
Secretary
Addition to Public Hearings
1. SP-181. Evelyn C. Cassell. To locate a permanent mobile home
on 4998 acres located east of Route 618 near the Fluvanna County
line in southeast Albemarle County. Property is described as
County Tax Map 116. Parcel 4 (part thereof) Scottsville
Magisterial District.
The staff presented his reporting stating that conditions of the
approval should be Health Department approval of a septic system and a 100
foot setback from all property lines.
The application was approved unanimously by the Commission.
19
0
Page 625
July 10, 1972
This was a regular meeting of the Albemarle County Planning Commis-
sion held on Monday, July 10, at 7:30 p.m. in the Albemarle County Court
House.
Present were Messrs: Catlin, McClure, Parks, Carr, Tinsley, Sams,
Staley, and Mrs. Craddock. Also attending were supervisors Lloyd Wood,
and Gerald Fisher.
The Chairman established that a quorum was present.
The minutes of the June 26, 1972 meeting were approved with the cor-
rections as noted below:
Item #2 ZMP-231. Second paragraph third sentence. Change to
read, "presented the petition stating that the applicant's desire
is to construct one 10 unit structure in lieu of 10 individual
structures, which he felt was more in character with the land."
In addition change in the sixth line, "no utilities are avail-
able" to "water is available."
!,t this time the Chairman called for action regarding the following
deferred zoning matters form the meeting of June 26, 1972.
1) ZMP-231. Elliott Hyman. To rezone 32.0 acres from A-1 Agriculture
to R-3 Residential. Property is situated on east side of Route 29
North immediately south of the North Fork of Rivanna River inter-
section with Route 29. Property is described as Tax Map 32, Parcel
5A, Rivanna Magisterial District.
The Chairman noted that several Commission members had visited the
site and asked for comments as a result of the field inspection. Mrs.
Craddock noted that in her opinion the requested zoning was incompatible
with the Comprehensive Plan and she felt the land, relative to access was
precarious.
Dr. Catlin was pleased with the present development relative to land
design and arrangement of units, however, was concerned with lack of sewer
and the density and character of R-3 zoning in this area.
Mr. Carr agreed essentially with the statements of Dr. Catlin.
Page 626
Upon the termination of the discussion, Mr. McClure moved to deny
the request in keeping with the statements made by the members of the
Commission, which was seconded by Mr. Tinsley and carried by the unan-
imous vote of those members present.
2) ZMP-234. W.I. Mawyer. To rezone 4.42 acres from A-1 Agriculture
to R-1 Residential. Property is situated on east side of Route
29 South at North Garden. Property is described as Tax Map 98,
Parcel 10, Samuel Miller Magisterial District.
This case was deferred with the consensus of the Commission until
the applicant had prepared the information requested by the Commission.
The petition is not to be presented again until the plat of the proposed
division of land has been received by the secretary.
3) SP-184. Boar's Head Club, Inc. To locate a swim and tennis
club on 6.0 acres situated on the south side of Route 250 West
on land known as "Greencroft." Property is described as County
Tax Map 53, Parcel 91A and 91B (part thereof), Samuel Miller
Magisterial District.
Mr. Gerald Tremblay, representing the applicant, submitted a letter
to the Commission which was not accepted by the Chairman, since the public
hearing had been closed.
Mr. L.B. Chandler, attorney representing the opposition, asked to
be recognized to present information relative to the petition. The Chair,
with the consensus of the Commission, did not accept the inclusion of the
information since the public hearing had been closed.
At this time the Chairman called for discussion and action by the
Commission, noting that a field inspection had been made by members of the
Commission.
Mrs. Craddock, having visited the site made the following motion,
seconded by Mr. Staley, to approve the Special Permit as requested with
the following conditions:
1) No outside music, amplifiers, or loud speakers are to be
used in the operation of the facility.
Page 0627
2IThat subdued lighting be utilized in all outside areas and
around the prime building to the satisfaction of the County Planner
3) Strict compliance with the site plan as filed with the petition.
4) That a deacceleration lane be installed to the satisfaction of
the Virginia Department of Highways and that investigation be
made by the Highway Department for the need of lane markings
for left turn movements and any other marking necessary for the
safety of traffic in the area.
5) That the access road be restricted to the membership and service
of the Boar's Head Club, Inc.
n) That the entrance road at Route 250 be raised sufficiently to
bring it to the level of Route 250 a sufficient length to improve
the sight distance at this intersection.
The motion for approval with the stated conditions was approved by
the unanimous vote of those members present.
It was noted that Mr. Parks felt that new information should have
been heard.
4) SP-185. Kenneth G. Maupin. To expand an existing General
Store. Property is situated on west side of Route 29 North
just south of the intersection of Route 29 North and Route 649.
Property is described as County Tax Map 32, Parcel 43, Charl-
lottesville Magisterial District.
The Chairman noted that members of the Commission had visited the
site and called for discussion and action on this matter.
Dr. Catlin felt the southern most entrance at the median cut on
Route 29 was a safety hazard. Dr. Sams was of the opinion that a safety
hazard existed in the southbound lane for cars leaving the site because
a dip in Route 29 (southbound lane) caused a blind spot.
Mr. Tinsley felt that for a car travelling north, using the median
cut in Route 29, to getto the facility had a traffic hazard because of
the high banks in the median strip resulting in bad sight distance in the
southbound lane.
A discussion was held on what could be done to eliminate the Commission's
concern regarding proper and safe egress and ingress relative to the
property. After which Mr. Carr moved for approval of the Special Permit
Page 628
subject to 1) delineation of parking spaces on site, 2) approval of septic
tank system by the Health Department, 3) a deacceleration lane subject
to Highway Department approval to serve the facility. The motion was
seconded by Mr. Tinsley and passed unanimously by those members present.
The Commission 4nstructed the secretary to investigate with the
Board of Supervisors and the Highway Department the possibility of closing
off the median cut in Route 29 North for northbound traffic access to
the facility to eliminate the safety hazard that exists there.
SUBDIVISION PLATS
At this time the Chairman called for items relative to subdivision
control.
1) B.L. Thurston. Request for a restricted road to serve two lots:
Plat prepared by Warren Wade.
Approved by the Commission with appropriate restrictive notes in the
plat and to serve only two parcels as indicated on the plat as submitted
and dated July 1972.
2) Nathan & Rose Porter. Request for a restricted road to serve
two parcels of land described as Parcels "B" and "C" as noted
on a plat prepared by Warren Wade.
Approved by the Commission with appropriate restrictive notes on
the plat and to serve only two parcels as indicated on the plat as sub-
mitted and dated July , 1972.
At this time the secretary reported on the status of the prepara-
tion of the subdivision and zoning ordinances.
There being no further business, the meeting was adjourned.
Secretary
Page 629
July 17, 1972
This was a regular meeting of the Albemarle County Planning Com-
mission, held on July 17, 1972 in the Board of Supervisors Meeting
Room, commencing at 7:30 P.M.
Present were Messrs: Catlin, McClure, Parks, Carr, Tinsley, Sams,
Staley, Roudabush and Mrs. Craddock. Also attending was Supervisor
Lloyd Wood.
The Chairman established that a quorum was present.
The minutes of the July 10, 1972 meeting were approved with one
corrections as follows: Change the statemtn made by MR. Parks with
reference to the Boar's Head Club application to read, "If you hear one
side of any case you should conside all sides."
At this time the Chairman called for the agenda items.
SITE PLANS
A. Moore's Building Supply - Route 250 East, just east of
intersection of Route 20 at Pantops.
This site plan involved the conversion of an existing structure
to accommodate the proposed use.
The Commission unanimously approved the site plan subject to the
following conditions:
1. That deacceleration lanes be installed with the approval of the
Virginia Department of Highways at the eastern most entrance
(patronage access) and the extreme access point to the west.
2. The middle access point is to be leiminated in its entirity.
3. Soil and sedimentation measures as,recommended by the area
conservationist of the Thomas Jefferson District.
4. Health Dept. confirmation for the use of the existing septic
tank system.
5. Additional off-street parking, if needed. is to be located
adjoining and south of existing patronage parking area.
Page 630
B. Holiday Inn - Intersection of Route 631 and I-64.
Mr. David Carr excused himself from discussion and voting in this 1*40
matter by reason of having interest in adjoining property.
The site plan was deferred by the Commission by a 8-0 vote with
the following reason: to await information relative to flood plain
limits from U.S. Corps of Engineers.
C. Transcontinental Gas Co. - Rio Road at Inglewood Drive.
Action on this site plan was deferred until action by Board of
Zoning Appeals is taken relative to variance.
D. South Side Intermediate School
The Commission took no formal action but indicated a desire for
information relative to the following items:
1. More detailed site plan showing demensions from lot line, etc.
2. Land scaping plan.
The Commission desired information relative to reasoning in
locating the parking lot as indicated on the general plan. What type
of package plant.
The Commission indicated that some conditions of approval might be
deacceleration lanes at entrances to the site as well as on Route 20
at the intersection of Routes 20 and 708. Also possibilities of left
turn lanes on Routes 20 and 708. The Commission was desirous in seeing
that the building be located and constructed to fit the land and not the
land to the building.
E. Albemarle High School addition.
The Commission approved the site plan subject to soil erosion control
measures.
F. Hollymead - Landscape and Planting plan, utility plan, and site
plan, grading.
Page 631
These three plans were submitted in compliance with the conditions
imposed in the granting of the Special Permit for the location of the
Planned Community of Hollymead.
The staff reported that the three plans were in order and compliance.
The Commission approved the plans as indicated above unanimously.
OLD BUSINESS
At this time the Chairman called for Old Business.
1. Green Mountain Subdivision - Route 712 near Keene, Virginia
Mr. Aubrey Huffman, C.E. and C.L.S. presented the plat and answered
questions raised by the Commission at a previous meeting when the plat
was first submitted. He elaborated on need for low cost lots indicating
that the strip residential arrangement along the existing roads was
appropriate in trying to keep the cost of lots down. The construction
of internal roads raise the development cost tremendously.
The Commission was told by Mr. Huffman that plenty of water was
available under ground for wells, and percolation test to determine the
capabilities of the soil to receive septic tanks were under way and
that it appeared the test would be satisfactory.
Dr. Catlin, concerned with strip residential development, while
appreciating the desire and argument for low cost lots and housing.
still did not want to violate every standard known relative to good
residential development by approving the plat as submitted. He further
noted that this plan for subdivision of land brought to light all the
flaws in our present subdivision ordinance.
Mr. Huffman, while not particularly proud of the division of land,
did not know of any other way to do it and still keep the cost of
development down.
Page 632
At the end of the discussion Mr. Roudabush made the following
motion, seconded by Mr. Parks which was approved by a 8-1 vote; that the
plat of Green Mountain Subdivision be approved as submitted with the ` o
following conditions:
1. Adequate percolation test be made on the property to the
satisfaction of the Health Department.
2. That a building line be established from all rights -of -way of
50 feet.
3. That the status of the C.C.C. Road be determined to the satis-
faction of the County Planner and if adequate, that it serve only
5 lots. In no case shall the right-of-way of this road be less
than 50 feet and that the right-of-way be established as a
restricted road with a waiver of the bond and escrow reguirement.
4. That the pipe stem lots as indicated, each having 25 feet of
frontage on the public road, be made a non-exclusive right-of-way
with a total width of 50 feet in an effort to provide a single
driveway in cases where two or more pipe stems adjoin.
5. That the developers provide methods to combine common drives
for two lots along the public roads.
6. That drainage easements be provided in keeping with the
recommendations of the Virginia Department of Highways and County ,,
610
Engineer.
NEW BUSINESS
At this time the secretary reported that the Board of Supervisors
had requested the Commission to investigate and hold public hearing
regarding the inclusion of a "Flood Plain zone" within the County
Zoning Ordinance.
Upon motion by Mr. Carr, seconded by Mr. Tinsley, the secretary was
instructed to develop and prepare for public hearing a "Flood Plain
Zone" for Commission consideration. The motion carried by a unanimous
vote of the Commission.
There being no further business, the meeting was adjourned.
Secretary
Fn
Page 633
August 7, 1972
*VW This was a regular meeting of the Albemarle County Planning Cam_
mission held on
August 7, 1972, commencing at 7:30 p.m.
Present were: Messrs: Avery Catlin, Chairman;
Vice -Chaff � M. Clifton McClure,
rrnan; David W. Carr; Wilbur C.
Tinsley; Louis C.
Sams, William S. Roudabush Staley; James
' .,r ra. and ma's• Ellen B. Craddock.
Absent: James S. Parks.
Also in attendance were Messrs: Lloyd F. Wood the Also
and Gerald Fisher of
y Board of Supervisors.
The Vice -Chairman
W, McClure established that a quorum was
sent as Dr. Catlin pre-
, the Chairman was not
yet in attendance.
The minutes of June 12
1972 were approved with the following cor-
rection: Page e 616, item 2 "The material would be stored in a
enclosed on three sides," should read '� Pole shed
The feet= er would be stored in
a pole shed enclosed on
three sides."
At this time, Mr. McClure called for the advert' to Commence, ised public hearings
PUBLIC HEARINGS:
1• ZMP-236. Smith Willis. To Agricultureal to RS-1 Residential.
106.83
on the south side °f acres from located
Route 6, a The property is located
Route 726. Described as T pprOXately one mile west of
Magisterial District. Map 130, Parcel 16
Scottsville
The staff informed the Commission that Mr. Willis had requested that
this petition be withdrawn since there had been
the owner and contract purchaser. some misunderstanding between
Upon motion by Dr. Smas, seconded by Mr. Carr
unanimouslythe Commission
granted a withdrawal without prejudice.
page 634
_ W.F. Paulett and Sons, Inc. To rezone 4.0 acres
237. property is on the
2' ZMP of Route 726.
from A-1 Agricultural too e-m Bus
The Prop � Magisterial
east side of Route Ma0131, Parcel 19, Scottsville g
Described as T p
District. paulett wished to
The staff informed the Commission members that Mr.
to have this petition withdrawn* the petition
Upon motion by Mr. Roudabush,
seconded by Mr. Carr,
ranted withdrawal without prejudice.
was unanimously g H hrey to familarize
Mr. Carr suggested that the Chair ask Mr. � erty in that immed-
self with all of Paulett's property and all theprop
hun as this petition might be
iage area that might be subject to B-1 zoning,
fission within a few months. Mr. Humphrey was so
back before the Comm
advised.
rom
McClellan. To rezone lro property located
3. ZW-238: Stephen A• 1 Residential. Thep p
A_1 Agricultural to RS- ust north of the Charlottesville -
on the west side of Route 606 ) Described as Tax Map 32,
Albemarle Airport
and some 6 feet north of the intersection of
Chris Greene Lake Road with Route 606. es
Parcel 4, Rivanna Magisterial District.
uest.
resented his report recommending denial of the Tea in
The staff p the PLa� g
spoke on behalf of his petition thanking
Mr. McClellan e
Commission for publicity on this rand suggesting that a pamphlet
ent such as himself so
Of zoning regulations be prepared for ignorant laym
laws are, thus stating
how he had previously
they would knowwhat the zoning
one. Also Mr. McClellan said that the Health Dept.
asked for the wrong z satisfactory•
had made percolation tests and found Property
Mrs. Lovelace
and Mrs. Martin expressed their opposition to the
proposed rezoning. reservation
as some discussion among the Commission as to the p
There w roba-
each lot would have a septic field which would p
of watersheds, since
bly seep into natural creeks causing pollution.
Page 635
Upon motion by Mr. Carr, seconded by Mr. Tinsley and approved by a
majority vote, ZMP-238 was denied. Mr. Staley voted no.
4. SP-189. Billy L. Clemmer. To locate a permanent mobile home
on 3.0 acres, zoned A-1 Agricultural. Property is situated on
east side of Route 785 approximately 3/4 of a mile north of
Route 649. Described as Tax Map 32, part of Parcel 24, Rivanna
Magisterial District.
The staff presented his report recommending a 225 foot setback from
Route 785 and Health Department approval if permit was granted.
Mr. Clemmer was present to represent his petition. He said that the
terrain of the property would not permit a 225 foot setback. Also that
there was another trailer on property beside his property.
After discussion among members, Mr. Carr made a motion, seconded
by MRs. Craddock and approved unanimously that the petition be deferred
until August 14, 1972 and a committee be selected to view property before
then. The connaittee chosen by Mr. McClure was Mrs. Craddock, Mr. Carr
and Mr. Tinsley. MR. Clemmer was also instructed to notify adjacent
property owners by registered or certified mail before August 14, 1972.
5. SP-197. L.O. Carr (Estate of K.F. Carr). To locate a perman-
ent mobile home on 160.99 acres, zoned A-1 Agricultural. Property
is located on Route 665 between Free Union and White Hall.
Described as Tax Map 28, Parcel 34, White Hall Magisterial District.
The staff presented his report recommending a 150 foot setback from
Route 665 and review of septic system by Health Department, if approved
by the Comission.
Mr. Carr was in attendance to present his petition. He stated that
his house had burned on July 13 and now he would like to place a mobile
home on this foundation for his sister.
Mr. Blake, an adjacent property owner spoke in favor of granting the
permit.
Mrs. Lovelace spoke in opposition to granting permanent mobile home
permits in any case, suggesting that only temporary permits be gran ted,
Page 636
therefore moving mobile homes to mobile home parks under the new zoning
*400
ordinance.
Upon motion by Dr. Smas, seconded by MR. Staley, the petition was
unanimously approved by the Commission subject to conditions stipulated by
Planning Staff.
6. SP-193. Edward R. Dean. To locate a temporary mobile home on
24 acres, zoned A-1 Agricultural. Property is located on Route 641
approximately 2/3 mile off Route 29. Described as Tax Map 21,
Parcel 30.
Mr. Roudabush, Commissioner, disqualified himself from participating
in voting on this petition and seated himself in the audience.
The staff presented his report. Mr. Dean, the applic tan, stated
that adjacent property owners were not notified properly but he had
talked to them and they had no objection. Also that the 200 foot setback
required would be difficult to meet because of the terrain.
Mr. William S. Roudabush spoke in opposition to the petition, stating
that he lives near where the mobile home will be located and that there are
20 lots with 14 homes built on them nearby also. These people were not
notified. This being Sandy Branch Subdivision. These people have recently
filed application with the Planning Department requesting RS-1 zoning.
Mr. Humphrey, secretary, said that the Planning Department had
notified all adjacent property owners for Mr. Dean.
Mr. Paul Petris, being a new property owner in Sandy Branch Sub-
division said he did not recieve notice of this petition. He supported Mr.
Roudabush's thought on this application.
Mrs. Craddock made a motion, seconded by Mr. Staley to review this
property and report back to the Commission on August 14 to make a decision.
The committee of Mrs. Craddock, Mr. Carr and Mr. Tinsley will review the
property. This motion carried unanimously.
Page 637
7. SP-194. Daniel D. Shifflett. To locate a permanent mobile
home on 3.05 acres, zoned A-1 Agricultural. Property is located
on east side of Route 684 approximately one mile south of Route
250 West and I-64. Described as Tax Map 71, Parcel 34A(3),
Samuel Miller District.
The staff presented his report recommending a 200 foot setback from
Route 684 and Health Department approval of septic system if approved by
Commission.
Mr. Shifflett was present, stating that adjacent property owners were
notified by registered mail, and Health Department had already inspected
the property.
There was no opposition to this request.
Dr. Sams made a motion, seconded by Mr. Staley and approved unanimously
that this petition subject to 200 foot setback from Route 684 and Health
Department approval for septic system.
At this time Dr. Catlin took over the Chair, after having arrived late.
8. CUP-152. Central Virginia Electric Cooperative. To locate an
electrical substation on 0.194 acres zoned A-1 Agricultural. Pro-
perty is located with 101.09 feet of frontage on south side of
Route 680 approximately 3/4 of a mile north of the impoundment
of Beaver Creek. Described as Tax Map 57, part of Parcel 2,
White Hall District.
The staff gave his report recommending screening of pine or cedar
trees to be five feet and staggered in two rows.
Mr. Rick Carter, an attorney with the firm of Haugh and Helvin, was
representing the co-op in this petition. Three gentlemen, M srs: Tucker,
Robinson, and Morrisette were also present being employees of Vepco.
There was a lengthy discussion by the Planning commission on the matter of
negotiating this property. Dr. Catlin questioned whether or not there
would be new towers so the representatives of the Coop. presented drawings
showing proposed structures.
Page 638
Mr. Staley, having already viewed the property was of the opinion
that the whole structure should be moved back further onto the property, vmo�
at least 100 feet.
There was a very lengthy discussion, with Mr. McClure stating a need
for clarafication of ownership, thinking that a precedent sould be set for
the future as to whether you can legally grant a Conditional Use Permit
to people for land they are talking about buying. Also further discussion
on setback for this facility.
Upon motion by Dr. Sams, seconded by Mr. Carr, the petition was
unanimously approved subject to successfully negotiating the purchase of
the property and subject to Planning staffs recommendation for screening
front and sides of property.
SITE PLANS
A. Holiday Inn. Located at the intersection of Route 631 and I-64.
The site plan was presented to the Commission by Planning staff and
a letter was read from Corps of Engineers stating that this structure and
the fill would not affect the flood plain of Moores Creek.
There was discussion by the Commission related to the flood plain area.
Upon motion by Mr. Tinsley, seconded by Mr. Staley, with unanimous
approval the site plan was approved subject to:
1. Soil and erosion ordinance.
2. Va. Dept. of Highways approval for access and drainage.
3. Sewer and water to be provided by City with a letter indicating
this to be so.
B. Southisde Intermediate School. Located at intersection of Routes
20 and 708.
Mr. Humphrey presented this site plan, after which there was a very
lengthy discussion on parking facilities and de celeration lanes.
Page 639
Those participating in the discussion were Mr. Daivs, Mr. Foster,
S Mr. Fisher, Mr. Clarence McClure.
Upon motion by Mrs. Craddock, seconded by Mr. Roudabush, the site
pale was approved subject to the following conditions.
1. Deceleration lane on Route 708.
2. Approval of Soil Conservation Service for drainage and soil
erosion.
3. Package treatment plant plans to come before governing body.
It was noted, a left turn lane and deceleration lane on Route 20
and a left turn lane on Route 708 sould be considered and best efforts be
put forth by Highway Department and School Board to obtain these if they
can be accomplished economically and safely.
The motion carried unanimously.
SUBDIVISION PLATS
A. By Roudabush and Gloeckner, Engineers, Surveyors, and Land
Planner, July, 1972.
Plat showing survey of 1.97 acres (Lot C), Japeth Nelson
property, being a portion of Parcel 39, Tax Map 120, near
Porter, Albemarle County, Virginia - restricted road
. Roudabush disqualifed himself from discussion and voting on this
plat.
Upon motion by Mr. Carr, seconded by Mr. McClure, the plat was
approved restricting the road to Lots A, B, and C.
B. By Roudabush and Gloeckner, Engineers, Surveyors, and Land
Planners, August, 1972.
Subdivision plat of property belonging to James W. and Annie
F. Butler. Property is divided into Parcels A, B, C, D. Parcels
A and B each containing 2.0 acres, Parcel C, contains 2.16 acres,
Parcel D, contains 3.88 acres. Property is located on State Route 670
near Damon, Albemarle County, Va. - restricted raad
After some discussion, Mr. McClure made a motion, seconded by Mr.
Carr to approve the plat subject to a statement being placed on plat that
raod would be maintained by individual owners of the land. Also that
Page 640
"end of state maintenance" be erased from the plat. Motion carried
unanimously.
Mr. Roudabush also disqualified himself from the above discussion and
voting.
C. B. Aubrey Huffman, C.L.S., July 24, 1972
Plat showing division of portion of tract C, located on State
Route 616 near Boyd's Tavern.
Plat showing division of portion of tract B, located on State
Route 616 near Boyd's Tavern. Owned by Robert Monroe.
There was disucssion among Commission on sewer and water in the
Keswick area.
On motion by Mr. Tinsley, seconded by Mr. McClure, the plat was
approved subject to (1) percolation tests, (2) joint driveways between
each two lots.
D. By Warren F. Wade, C.L.S., July 25, 1972.
Plat of 1.03 acre tract and 50 foot right-of-way to Route 810,
one mile north of Crozet, Albemarle County, Va. Property of
William W. Miller and Raymond Glass. Restricted road.
Mr. Roudabush made a motion to approve the plat subject to the
50 foot road becoming part and parcel of the 1.28 acres. This motion was
seconded by Mr. Carr and approved unanimously.
OLD BUSINESS
At this time, the secretary, Mr. Humphrey, presented to the Commission
a proposed Flood Plain zone. After a short discussion onthis matter a
public hearing date of September 18, 1972 was agreed upon.
NEW BUSINESS
The Secretary presented a proposed amendment to the Zoning Ordinance
for consideration, statiang that the County Attorney had not reviewed the
wording yet. It was agreed that the following amendment would come back
to the Commission on August 14, 1972.
Page 642
August 14, 1972
This was a regular meeting of the Albemarle County Planning
Commission held on August 14, 1972, commencing at 7:30 p.m.
Present were Messrs Avery Catlin, Chariman; M. Clifton McClure,
Vice -Chairman; David W. Carr, Wilbur C. Tinsley, Louis C. Staley,
James Sams, and Mrs. Ellen B. Craddock. Also Attending was Mr. Lloyd
F. Wood, Jr., County Supervisor.
Absent: Messrs James S. Parks and William S. Roudabush.
The Chairman called the meeting to order and established that a
quorum was present.
The minutes of August 7, 1972 were received by the Commission and
after some discussion it was decided that action would be taken on them
at their next regular meeting.
At this time the Chairman called for the advertised public hear-
ing to commence.
1. SP-196. Peter Easter, has petitioned the Albemarle County
Board of Supervisors to construct an "Ice Skating Rink" on
2.0 acres in a B-1 Business zone. Property is located on the
north side of Greenbrier Drive in "Westfield Subdivision"
and is described as County Tax Map 61W, Parcel A3, Charlottes-
ville Magisterial District.
Mr. Joseph M. Goldsmith, Zoning Adminstrator, acting the behalf
of the secretary, Mr. John Humphrey, presented the Planning staff's
report and recommendation. Those recommendations being: (1) detailed
site plan approval, (2) grading plan and (3) adequate sewer and water.
Mr. Easter was in attendance and made a lengthy presentation to
the Commission. He stated that he hoped to open the building this
November. It was suggested by Mrs. Craddock, that the area be kept as
green as possible by leaving trees where possible and planting shrubbery.
2M
Page 643
Mr. Easter said they intended to operated the skating rink Sunday
through Thursday, 8:00 A. M. - 10:00 P.M.; Friday and Saturday, until
12:00 Midnight. Also that according to Mr. T. M. Batchelor, County
Executive, there would be sewer and water available.
There was discussion by the Commission on the setbacks and parking
requirements.
Mrs. Lovelace spoke in favor of the request as long as plenty of
parking is provided and that there be an area that parents could pull
up to, to let their children out of the car and pick them up. Two
other people also spoke in favor of the request, but did not give
their names.
Upon motion by Mr. Carr, seconded by Mr. McClure, the petition was
approved unanimously subject to the following recommendations:
1. Detailed site al approval.
2. Grading plan. �J
3. Adequate sewer and water.
SITE PLANS
A. Transcontinental Gas Company
Mr. Goldsmith presented the site plan, giving the Comission some
background on how the site plan had gone before the Board of Zoning
Appeals and had been granted a 40 foot variance, thereby leaving a 10
ft. setback.
Mr. Carr commented that he had every respect for Transcontinental
Gas Company but that the area around Hydraulic Road had been butchered
and they were now getting ready to do it again. He stated that he
would have to vote against it.
Mr. McClure said he thought it would be the best possible use you
could have on that corner, that close to apartment buildings because
Page 644
they are not noisy, they do not require a lot of parking nor traffic
and it would be a lot better than a hamburger joint.
Supervisor L. F. Wood, gave some more history of the area explaining
the court case several years back and why there are so many apartment
buildings in the area. He spoke in favor of the gas company locating
there.
The owner of the property was present to represent the site plan.
There was a lengthy and heated discussion about the setback of the
building. Dr. Catlin stated that this was poor planning on the part
of the Board of Zoning Appeals to grant a 40 foot variance on this site
plan. This was agreed to by the Commission.
Mr. McClure made a motion to approve the site plan, there being
no second the motion died.
There was more discussion, after which it was agreed that this was
a poor way to do business as the site plan would be automatically
approved in 30 days if they did not take action on it. So again
Mr. McClure made a motion to approve the plan. This time it was second-
ed by Mr. Carr. The motion was carried by a majority vote with Mrs.
Craddock and Mr. Tinsley voting no.
B. Claude B. Spradling - addition to store. Property is located
on the north side of Route 20, 1/2 mile north of Scottsville.
Mr. Spradling presented plats showing what he intended to do as
he did not have an official site plan.
After a short discussion, Dr. Sams made a motion, seconded by
Mr. Carr to approve this request. The motion carried unanimously.
OLD BUSINESS
A. SP-189. Billy L. Clemmer. To locate a permanent mobile home
on 3.0 acres, zoned A-1 Agricultural. Property is situated on
east side of Route 785 approzimately 3/4 of a mile north of
Page 645
Route.649..Described as Tax Map 32, part of Parcel 24, Rivanna
Magisterial District.
This application was carried over from August 7, 1972 meeting, to
be reviewed by a committee and reported on at August 14, 1972 meeting.
Mr. Clemmer was present and stated he had notified adjacent
property owners asrequested to do at last meeting.
Mrs. Quast, an adjacent property owner, wanted to know how far
the mobile home would be from her property. She was told by Mr. Clemmer
that it would be approximately 165 feet.
Mr. Tinsley reported for the review committee stating that they
were in favor of the request subject to: (1) setback of 150 feet,
(2) screening and home -type shrubbery and (3) Health Department approval
of septic system. He only hesitated at all because there is a very
nice mobile home park nearby and thought perhaps it could be located
there.
Mr. Clemmer stated that the setback of 150 feet would put him over
the edge of the hill. There was further discussion on the setback.
Upon motion by Mr. Tinsley, seconded by Mr. Staley, the application
was approved subject to (1) screening and home -type shrubbery, (2)
Health Department approval of septic system, and (3) 150 foot setback
if possible, if not possible, a setback that is agreeable with Mrs.
Quast, Mr. Clemmer and the Zoning Administrator. The Motion carried
unanimously.
B. SP-193. Edward R. Dean. To locate a temporary mobile home
on 24 acres, zoned A-1 Agricultural. Property is located on
Route 641 approximately 2/3 mile off Route 29. Described as
Tax Map 21, Parcel 30.
This public hearing was also carried over from the last meeting.
A committee of three was to review the property and report back to the
Commission.
Page 646
Mr. Tinsley, reporting for the committee, found.,the,.moble home,
would be completely out of character with the area of expensive homes.
Upon motion by Mrs. Craddock, seconded by Mr. Tinsley, SP-193
was denied. The motion carried unanimously.
There being no further business, the meeting was adjourned.
---------------------------------------
Secretary
so
Page 647
September 11, 1972
This was a regular meeting of the Albemarle County Planning Commission
held on September 11, 1972 commencing at 7:30 p.m. in the County Court House.
Present were Messrs Avery Catlin, Chairman; M. Clifton McClure, Vice -
Chairman; David W. Carr, Wilbur C. Tinsley, Louis C. Staley, James Sams,
and William S. Roudabush. Also attending was Mr. Lloyd F. Wood, Jr., County
Supervisor.
Absent were Mrs. Ellen B. Craddock and Mr. James Parks.
The Chairman called the meeting to order and established that a quorum
was present.
The minutes of August 7, 1972 were approved as submitted. The minutes
of August 14, 1972 were approved with a correction on page 644, item B,
Claude B. Spradling, corrected to read Claude B. Spradlin.
At this time the Chairman called for the advertised public hearings to
commence.
1. ZMP-240. Messrs. William S. Roudabush, John W. Smith, Lreoy W. Leizear,
William C. Smith, W. C. Norford, M. E. Crawford, Eva S. Davis, James L. Smith,
Donald W. Norman, Benton Patterson, and Allen Apitzer have petitioned the Albe-
marle County Board of Supervisors to rezone 22.41 acres of land from A-1
Agricultural to RS-1 Residential. Property is situated on south side of Route
641 eight tenths of a mile east of Route 29 north and is generally known as
"Sandy Branch Resort Farm". Property is described as County Tax Map 21A, Parcel
l(part thereof), Parcels 1A, 2A, 3A, 4A, 6A, 7A, 1B, 2B, 3B, 4B, 1C, 2C, 3C,
and 4C. Rivanna Magisterial District.
The staff presented their report recommending denial of the application
because of the detrimental affect it would have on the Master Plan.
At this time, Mr. Roudabush disqualified himself from discussion and voting
on this application as he is one of the petitioners.
The Chairman opened the hearing to the public at which time, Mr. Paul
Petris, attorney with the firm of Michael and Dent spoke in behalf of the
landowners requesting the rezoning. Mr. Petris brought out that the subdivision
was established prior to the enactment of the Zoning Ordinance in 1968, and that
Page 648
the lots were restricted to residential purposes through the deeds except
for two lots. These property owners want to make sure that restrictions would
be placed on these two lots also. There was discussion between Mr. Petris and the
Commission as to whether a house could be rebuilt if it burned in the present A-1
zone on a lot of less than two acres. Mr. Petris said he knew this request was
contrary to the Master Plan, but that the Plan should be used as a guide and not
as law. Furthermore, this property should have been taken into consideration when
the plan was adopted.
Mr. Allen Spitzer, being one of the lot owners, spoke in favor of the request.
Mr. Apitzer stated that 20 years ago he drew up the restrictions for this sub-
division, buthe just didn't foresee a two -acre requirement for lots.
MRS. Andrews, speaking for herself, her husband and sister, expressed
opposition to the request. Mrs. Andrews said she could see no hardship for
granting the request. When trying to give background information on this property,
shevas asked by Dr. Catlin, Chairman, to give only facts that pertained to the
rezoning.
Mr. Webber directed some questions to Mr. Petris. Namely, how is the
property located in connection with Route 641 and where are the lots located on
the 21 acres?
Mr. Petris showed a map to Mr. Webber and the Commission, showing that open
land is what is being requested to be rezoned and not the lots with houses al-
ready on them. There was further discussion on these tracts and their location..
Mr. Edward Dean, a property owner in the area who recently had a temporary
mobile home permit application denied by the Commission, spoke in opposition. The
reason that his request was denied was because the mobile home would have been
out of character with the neighborhood. Mr. Dean wondered if the Commission had
actually viewed Sandy Branch to see these houses. On the southern side, according
to Mr. Dean there was nothing but "fishing shacks". Again Dr. Catlin had to remind
some one of the public to refrain from talking about values of peoples property.
Page 649
Mr. Dean stated that he agreed with the Planning staff's recommendations. And
too, if you permitted this rezoning more than likely other people in the
neighborhood would request a zoning change also.
Mr. Dean also said that since the Planning Commission has the power to
tell people what they can build, can they also tell you what color person you
can sell your property to. Mr. Lloyd Wood told Dr. Catlin he thought Mr. Dean was
out of order and should be asked to sit down. Dr. Catlin agreed.
Mrs. Martin spoke in opposition to the request saying that the Master Plan
is more than just a guide, and that these people area asking that they be given
a protection they already have in deed restrictions.
Mr. Barr, owner of a lot near the rezoning, spoke in favor of the rezoning
because he wanted nothing built on these lots other than houses. He also wanted
to know if he could rebuild his house if it should burn, since he had only one
acre of
land. He was assured
by Mr. Humphrey that he
could.
Mr.
George Cason spoke
in favor of the request.
He was of the opinion that
because of the lake this would make a good one -acre lot development.
There was further discussion by the Commission with Mr. Carr asking Mr. Smith
owner of 100 acres of this tract of land what his intentions were with regard
to the 100 acres. Mr. Smith stated that he had no plans for the land. It was
brought out that if they granted approval of this request that they might later
have to rezone the 100 acres that still belong to Mr. Smith.
Upon motion by Mr. Tinsley, seconded by Dr. Sams, the request for RS-1
zoning was denied. The motion carried unanimously.
2. ZMP-241. Massie and Boatwright have petitioned the Albemarle County Board
of Supervisors to rezone 30.0 acres from A-1 Agricultural to R-1 Residential.
Property is situated on the west side of Route 726 approximately one mile west
of the Town of Scottsville. Property is described as County Tax Map 130, Parcel
39. Scottsville Magisterial District.
Mr. Humphrey presented the staff's report recommending RS-1 zoning instead
of the requested R-1 zone.
Page 650
Mrs. Massie was there to represent the petition. She said RS-1 zoning
would be okay with them.
Mr. Forrest Paulett spoke in favor of the request.
Upon motion by Dr. Sams, seconded by Mr. Roudabush, the petition to
rezone was approved for RS-1 zoning. The motion carried unanimously.
3. ZMP-242. John F. Kellogg has petitioned the Albemarle County Board of
Supervisors to rezone 0.85 acres from A-1 Agricultural to B-1 Business. Applicant
wishes to place a wood -working shop on the subject property. The property is
situated on east side of Route 1421 (old Route 20 North) one-half mile north of
Route 250. Property is described as County Tax Map 78, Parcel 58B. Rivanna
Magisterial District.
Mr. Humphrey presented the staff's report recommending denial. Mr. Kellogg
was present and explained to the Commission his reason for desiring a zoning
change. He wishes to rent the property since he is moving to another city
where he is employed.
Mr. John Tisdale, adjacent property owner, spoke in opposition because
Mr. Kellogg might sell the property to somebody else and open a different type
of shop. Mr. Tisdale presented to the Commission a petition signed by most
of his neighbors, stating their opposition.
There was discussion by the Commission as to whether Mr. Kellogg needed
rezoning to rent his property for this particular craft. It was decided he would
since he would no longer be living in the building.
A motion was made by Mr. McClure to deny the request. The motion was
seconded by Mr. Carr and approved unanimously.
4. ZMP-243. Virginia National Bank, Trustee, S. W. Heishman and Wendell W.
Wood have petitioned the Board of Supervisors to rezone 29.26 acres from R-2
Residential to B-1 Business. Property is situated in the northeast corner of
Route 29 North and Route 631. Property is described as County Tax Map 61,
Parcel 123. Charlottesville Magisterial District.
The staff's report was presented by Mr. Humphrey recommending approval.
Mr. Wendell Wood presented to the Commission working drawings stating that
he had letters of intent from stores that would fill up half of the shopping
center.
Page 651
Mr. Cain, one of the adjoining property owners in Woodbrook presented
to the Commission a petition containing 62 signatures. They did not oppose
the shopping center yet, but they had some requests to make, such as: (1)
what would they do about sewage, (2) when parking lot is paved there will be
excessive surface water, (3) need a buffer zone, (4) no lights that affect
Woodbrook, (5 ) no paths or bike trails should be made from shopping center into
Woodbrook.
Mr. Clinton Parker, who used to be a resident of Woodbrook and who has
a good knowledge of the sewer problem in Woodbrook, spoke to the Commission
in detail on the problems that could arise from the shopping center.
Mr. John Sims assured the Commission that everything possible would
be done to protect the residents of Woodbrook.
Mr. Curtis Tompkins, a resident of Idlewood Street, said he was
worried about traffic since this road was to extend into shopping center.
It was brought out by Mr. Roudabush that this was a different shopping center.
Mr. Fred Hansky returned the discussion to the matter of sewerage and
what was going to be done about it.
Mr. Wendell Wood said that a shopping center would not produce the
amount of sewage that a residential area would and that they would not be able
to have restaurants or laudromats in Phase I.
Mr. Humphrey emphasized that there were plans for an interceptor line from
Powells Creek to relieve Woodbrook sometime in the future.
Mrs. McGhee, who lives on a low lot in Woodbrook said her property would
catch all the water off the shopping center.
Mr. Wendell Wood stated that they could put in a septic field if the
Woodbrook lagoon was overloaded.
Mr. Hamilton, adjacent property owner was of the opinion that the
Commission should not make a decision until such time as the sewage treatment
problem could be solved. Mrs. Martin agreed with him.
Page 652
Mrs. Kathleen Burney spoke on the existing traffic problems on Route 29
North calling it an obstacle course.
Mrs. Kathy Tompkins spoke in opposition to the shopping center as it
would change the character of the area.
Mr. Charles White was of the opinion that the Commission should have
a full report on the sewerage problem before making a decision.
Mr. Bob Garver reminded the Commission that they should not overlook the
problem of surface water when they studied the sewerage problem.
Dr. Catlin said the matter of storm water and the buffer area will be
taken care of under the site plan. The question is whether adequate sewage
facilities can be provided.
After further discussion by the Commission, Mr. Carr moved that the
matter be deferred until September 25, and that the Chair directihe necessary
people to provide them with information to make a reasonable decision on the
matter. The motion was seconded by Mr. Tinsley and carried by unanimous vote.
5. ZMP-244. N. B. Mortgage Corporation has petitioned the Board of Supervisors
to rezone 16.0 acres from A-1 Agricultural to B-1 Business. Property is situated
with frontage on Route 726 and Route 6 at the intersection of Route 6 and 726.
Property also has frontage on Route 737. Property is described as County Tax
Map 310, Parcel 24 (part thereof), 33 and 24A. Scottsville Magisterial District.
The staff presented their report recommending approval of the application.
Mr. W. A. Pace was present to represent the request and giving as a reason
for the request the recent flooding conditions in Scottsville and the need for
the merchants to move to higher ground.
Mr. Forrest Paulett asked if water and sewer facilities were available at
which Mr. Pace said they were presently working with the Service Authority
on this. Mr. Paulett spoke in favor of the rezoning.
Upon motion by Mr. Tinsley, seconded by Mr. Roudabush, the application was
approved. The motion carried unanimously.
Page 653
6. ZMP-245. Alexander H. Moore has petitioned the Albemarle CountyBoard'
of Supervisors to rezone 2.033 acres from A-1 Agricultural to R-1 Residential
Property is situated at the terminus of State Route 685 in the Keswick area.
Property is described as County Tax Map 80, Parcel 146. Rivanna Magisterial
District.
The staff's report was presented by Mr. Humphrey recommending approval
for RS-1 Zoning.
Mr. Moore was present and spoke in behalf of his application. Also
Mr. Woodson spoke in favor of the application.
Mr. Roudabush made a motion that they approve for RS-1 zoning the
1.151 acre parcel of land. This motion was seconded by Mr. Tinsley and
carried unanimously.
7. SP-198. Janice Pilcher has petitioned the Albemarle County
Board of Supervisors to locate a permanent mobile home on approx-
imately one half acre. Property is situated north of Route
240 in the Crozet area. Property is described as County Tax
Map 56, Parcel 81 (3). White Hall Magisterial District.
The staff's report was presented.
Mrs. Pilcher was present to speak for her petition, stating that
she planned to have public water and a septic system.
Upon motion by Mr. Carr, seconded by Mr. McClure the application
was approved subject to the mobile home being connected to the public
water supply and approval by the Health Department for a septic system.
The motion carried unanimously.
8. Sp-199. Quincy Offield has petitioned the Board of Supervisors
to locate a permanent mobile home on 10.69 acres situated at
the intersection of Route 720 and Route 20 South approximately
one and three Quarter miles south of Carters Bridge. Property
is described as County Tax Map 112, Parcel 331)(1). Scottsville
Magisterial District.
The staff presented his report. Mr. Offield was present and
Page 654
explained to the Commission that he would rent the mobile home until
such time as his son, presently 18 years old, was married and moved
into the mobile home.
There were some discussion among the Commission on permitting mobile
homes for rental property. Upon motion by Mr. Carr, seconded by Mr.Tinsley,
the application was denied by a unanimous vote.
Mr. Humphrey informed Mr. Offield that the mobile home could be
located on his property without a Special Use Permit if he would sign,an
affidavit stating that his son would be residing in the mobile home.
9. Sp-200. Willis J. Martin has petitioned to locate a
permanent mobile home on 3.35 acres situated on Route 20
approximately one mile south of Carters Bridge. Property is
described as County Tax Map 112, Parcel 38A. Scottsville
Magisterial District.
Mr. Humphrey presented the staff's report.
Mr. Martin was in attendance and explained to the Commission his
reason for wishing to place the mobile home on his property. Mr. Martin
stated that he would rent his present dwelling to students while he and his
family lived in the mobile home.
An adjacent property owner spoke in favor of the application and
said he would sell Mr. Martin the additional land that he would need for two
single-family dwellings.
There were further discussion by the Commission on acquiring the
acreage needed and on the rental of Mr. Martin's house.
Mr. Roudabush made the following motion for approval: (1) admin-
istrative review at the end of one year and renewal administratively if
conditions warrant (2) subject to purchase of 0.65 acres, and (3) Health
Department approval. The motion was seconded by Mr. McClure and carried by
unanimous vote.
Page 655
10. SP-204. Orlando Dunn has petitioned the Board of Supervisors
to locate a permanent mobile home on 3.5 acres on property
situated on Route 601 six miles from Free Union. Property is
described as County Tax Map 7, Parcel 37. White Hall Magisterial
District.
Mr. Humphrey presented the staf-'s report.
Mr. Dunn was present to represent his application. Mr. Lloyd Wood
informed the Commission that part of the reason for placing the mobile
home is because the recent flooding has flooded his home.
Upon motion by Dr. Sams, seconded by Mr. Carr, the application was
approved subject to Health Department approval. The motion carried
unanimously.
11. SP-206. Florence C. Norvell has petitioned the Board of Super-
visors to locate a permanent mobile home on 2.0 acres situated
in Covesville area on Route 29 South. Property is described as
County Tax Map 108, Parcel 25 (part thereof). Scottsville
Magisterial District.
Mr. Humphrey presented the staff's report recommending approval
subject to Health Department approval.
Mrs. Norvell and her nephew were present. Her nephew spoke for
her application.
There was one lady in opposition to the requests for the mobile
home since her mother owned property across the road. She also said
that a very historical church was nearby and these members would probably
object to locating the mobile home across from the church.
There was some confusion about where the church was located, etc.,
so Mr. McClure made the motion that the Commission view the site and
make a decision in two weeks. This motion was seconded by Mr. Tinsley
Page 656
and was approved unanimously.
12. SP-194. Daniel D. Shifflett has petitioned the Board of
Supervisors to locate a permanent mobile home on 3.05 acres
situated on Route 824, south of Route 250 West. Property is
described as County Tax Map 71, Parcel 34A(3). Samuel Miller
District.
Mr. Humphrey presented the staff's report and commented on the
fact that Mr. Shifflett's application had been heard by them on
August 7 but when it went before the Supervisors, it was discovered
that it had been advertised incorrectly. Therefore, the public
hearing would have to be held again.
Upon motion by Dr. Sams, seconded by Mr. Staley, the application
was approved subject to a 200 foot setback from Route 824 and Health
Department approval for septic system.
OLD BUSINESS
The Commission designated September 13 to view property of Sp-206
and the site of the proposed sanitary landfill on Route 29 South.
There being no further business, the meeting was adjourned.
ecretary
N
Page 657
September 18, 1972
This was a special meeting called by the Albemarle County Planning
Commission to consider amendments to the Zoning Ordinance. The meeting was
held September 18, 1972 at 7:30 p.m. in the County Court House.
Present were Messrs Avery Catlin, Chairman; M. Clifton McClure, Vice -
Chairman; David W. Carr, Wilbur C. Tinsley, Louis C. Staley, James Sams, and
William S. Roudabush. Also attending were Mr. Lloyd F. Wood, Jr. and Gerald'%
Fisher, County Supervisors and Mr. Herbert Pickford, County Attorney.
Absent were Mrs. Ellen B. Craddock and Mr. James Parks.
The Chairman called the meeting to order and established that a quorum
was present.
The minutes of September 11, 1972 were approved as submitted.
Mr. Humphrey advised the Commission that SP-205, James Gibson, had been
withdrawn without prejudice so there was no need for a public hearing on this
application.
At this time Dr. Catlin called for the public hearings.
A. Amend existing Article 10-6 and 10-6-1 Non -conforming Lots to
A. 10-6 Any lot of record at the time of the adoption of
this ordinance which is less in area or width than
the minimum required by this ordinance may be used if
the rear, side and front setback can be met.
B. 10-6-1 All preliminary and final subdivision plats approved
prior to April 15, 1968, by the County of Albemarle,
as provided by law then applicable; are exempt from the
requirements relative to frontage and area require-
ments. All other requirements of this ordinance shall
be applicable.
The amendment to Article 10-6 was presented by the staff. Mr. Humphrey
said that the present wording of this Article has caused some confusion in the
past and the staff would like to have this clarified.
Page 658
He also presented Article 10-6-1, saying that lots recorded prior to zoning have
been construed to be exempt from all requirements of the zoning ordinance.
There were no comments from the public.
Upon motion from Dr. Sams, seconded by Mr. Carr, the above amendment was
approved unanimously.
B. Amend the Albemarle County Zoning Ordinance to include the provision
of Chapter II of Land Subdivision and Development Ordinance, "Soil Erosion and
Sedimentation Control" under an article of the Albemarle County Zoning
Ordinance to be known as Article 11-8 A Soil Erosion and Sedimentation
Control Requirements, thereby amending the Land Subdivision and Development
Ordinance to exclude the provision of Chapter II of the Land Subdivision and
Development Ordinance.
The amendment was presented by Mr. Humphrey and he said that the General
Assembly had decided to place this under the Zoning Ordinance instead of the
Subdivision and Development Ordinance.
Mr. Carr stated that he thought the Commission wanted to put it there
a few months ago but for some reason they could not do it.
There were no comments from the public.
Upon motion by Mr.Carr, seconded by Mr. Tinsley, the amendment was approved
unanimously.
Mr. Pickford suggested that instead of taking the next item, Item C, on the
agenda, that we take Item D. first.
D. Amend the Albemarle County Zoning Ordinance to delete Conditional Use
Permits(Article 11-3 )from the Zoning Ordinance with provision that all uses
heretofore included thereunder be made subject to Special Use Permits (Article 11-13-1;
The staff presented this amendment at the direction of the Board of Supervisors.
There being no comment from the public, Dr. Sams made a motion for approval,
seconded by Mr. Carr. The motion carried unanimously.
Page 659
C. Amend Article 11-3-4 to read as follows:
"Any use, building, or activity legally in existence on the effective
date of this ordinance or for which a building permit was issued prior
to the effective date of this ordinance, shall not require a special
use permit, so long as such existing use, building or activity is not
expanded or enlarged beyond the boundaries of the parcels, of land
on which it was located on the effective date of this ordinance. This
exception shall not be applicable, however, to enlargement and/or
expansion of existing facilities of public utilities or public service
corporations".
The amendment was presented by the staff.
Mr. Carr asked if a parcel could expand or change. After some discussion, Mr.
Pickford stated that the parcel of land could not be enlarged but would have to
maintain the boundaries of the land on the effective date of the ordinance.
Mr. Dave Wood, Attorney, representing Virginia Telephone and Telegraph
Company, said he was not sure exactly how the Telephone Company should treat
this amendment. He said the ordinance now permits poles, lines and transformers;
also that he thinks the ordinance has been construed to permit all telephone
lines to be poles, lines and transformers. The ordinance also says you need
a Conditional Use Permit for main or trunk lines. Does the main or trunk line
apply to all of the installations of the telephone company? It probably should
not, according to Mr. Wood. He went on to say that the telephone company is
going underground as soon as possible and if you read the zoning ordinance,
every telephone line would require a Special Use Permit. Mr. Wood said that if a
' main or trunk line were struck by lightning, the company would need a permit to
repair or replace it. Mr. Wood asked that an actual description of the
telephone company be incorporated into the ordinance and that the telephone
company should be granted the privilege of going ahead without a Special Permit
except for major things. He submitted to the Commission a suggested addition to
the amendment, which reads, "but nothing herein contained shall prohibit a non-
Page 660
conforming public utility or public service corporation from repairing
a non -conforming use or replacing or restoring a non -conforming use with a
similar non -conforming use."
Mr. Pickford, County Attorney, in reply to Mr. Wood, said that he did
not think that there is anything that would prohibit them from repairing or
replacing lines, poles, etc..
There was further discussion on the underground cable, with Mr. Lloyd
Wood being of the opinion that the telephone company should be permitted to put
in all the underground cable they wanted to.
Mr. Carr said that he thought the telephone company should be required to
come before the County before installing a trunk line.
Mr. Pickford informed the Commission that they should not let
underground cables go in without a permit because of the Master Plan, which is
supposed to rule. Where you have underground cable going in, you can expect
development and this may not comply with the Master Plan.
Mr. Dave Wood informed the Commission that the telephone company was
extremely active in this area and they might drive the Commission wild with
permits.
Mr. Carr said the County would not be concerned with underground cable
that stays within the same right of way as the overhead cable, but once outside
of that right of way, it would constitute an expansion.
Mr. Roudabush asked whether Vepco or VIT had any franchise rights
in the County. Mr. Pickford informed him that they had none from the County.
Mr. Tony Iachetta said the telephone company definitely needed to upgrade
their facilities.
Mr. Lloyd Wood was of the opinion that the Commission ought to encourage
the telephone company, but not aggrevate them. If services are needed, they should
be applied, they are spending 7.5 million dollars just to go underground, so we
Page 661
don't want to over protect the people from what they don't want to be
protected from.
After some further discussion about definitions of different utilities
being added to the ordinance at a later date, the hearing was closed to the public.
Mr. Carr commented that he did not want the telephone company coming in
60 times a day for a permit, but that the County should know where a new line
is going and where major revisions are being made.
Dr. Catlin said that passing this amendment at this time would not apply
to telephone lines. If the Commission wished to include telephone lines, it
would have to be readvertised.
Dr. Sams was of the opinion that the Planning Office should continue to
interpret the ordinance in the same manner as they had in the past and so made
a motion for approval. The motion was seconded by Mr. McClure. But, Mr. Carr said
he could not vote for that motion because (1) he was confused, (2) Mr. Pickford
said the Commission would be buying litigation, and if we advertise to let
telephone companies go, then other utilities will be on our backs.
There was more discussion by the Commission with Dr. Catlin stating that
he thought it was very important that the amendment be acted on now because of
the need for protection. He also said they could come back at a later date for
another amendment.
Therefore, the previous motion for approval was passed by a majority with
Mr. Carr voting no.
E. Amend Article 14-1-1 as follows:
"By the filing with the Zoning Administrator a petition by owners or
contract owners of land proposed to be rezoned, which petition shall be
accompanied by a fee of $60.00.
Mr. Humphrey presented the amendment to the Commission stating that this fee
would not only cover the legal costs but also the other costs involved in pro-
�46.e
cessing applications.
Page 662
Dr. Sams was of the opinion that a sliding scale should be used, since
this is three times the fee at present.
Mr. Humphrey pointed out that regardless of what zone you were asking for,
some of the same things had to be done.
Mr. Carr wondered if consideration had been given to R-3 and B-1 zones.
Saying that land of higher value, should involve a higher fee and vice versa.
Mr. Pickford informed the Commission that the statue would prohibit this.
Mr. Wood said the intent of the Board of Supervisors was to work up a
fee schedule to see if the Planning Department could become self-sustaining,
and they asked Mr. Humphrey to come up with a realistic figure. He did not
think this was realistic.
There was a lengthy discussion by the Commission on all phases of fees
for applications as to which ones could be lowered and which ones could be raised.
Mr. Carr thought action should be deferred until they has time to think about
them.
The Commission decided to defer action on this.
F. Amend the Albemarle County Zoning Ordinance to include a new Article
to be known as "Article 14A, Permit Fee Schedule" with the following
wordings and requirement.
Article 14A. Permit Fee Schedule
14A-1. All applications for the following permits and approvals shall
be accompanied by a fee to cover cost of the processing of the
applicable permits as follows:
14A-1-1. Special Permits...................................60.00
14A-1-2. Building Permits .................................. 5.00
14A-1-3. Certificate of Occupancy .......................... 5.00
14A-1-4. Site Plan Submittal... .......... ..............75.00
14A-1-5. Mobile Home Permit (MHP) Art. 2-1-23..............10.00
14A-1-6. Sign Permits ...................................... 5.00
14A-1-7. Variances.........................................60.00
14A-1-8. Appeals..........................................60.00
14A-1-9. Special Exceptions... .... .......................60.00
14A-1-10.Grading Permit (Art.11-8A).......................25.00
Page 663
Mr. Humphrey presented the amendment to the Commission.
Mrs. Graves asked what a building permit would cost for apartments and
townhouses. She was informed by Mr. Humphrey that one permit was required for
each building regardless of how many apartments it might contain.
Mr. Colony brought to the attention of the Commission that they could not
legally shift these fees around- That according to the state statue the fees
had to be proportionate to the effort put forth.
After a short discussion amongthe Commission, Mr. Roudabush made a motion,
seconded by Mr. Carr to defer Items E and F on the agenda involving fees, until
Mr: Humphrey can reschedule them so they can be heard at next regular meeting
of the Board of Supervisors. The motion carried unanimously.
11
G. Amend "Article 11. General Provisions"o read "Building Permits
in lieu of Zoning Permits and amend all references to zoning permits
within the Albemarle County Zoning Ordinance to read "Building Permits"
in lieu of "Zoning Permits".
The staff presented the amendment.
There being no comment from the public, Mr. McClure made a motion, seconded
by Dr. Sams to approve the amendment. The motion carried unanimously.
H. Amend the "Land Subdivision and Development Ordinance to delete
"Chapter II Soil Erosion and Sedimentation Control".
The staff presented the amendment to the Commission. Upon motion by Dr. Sams,
seconded by Mr. Carr, the amendment was approved unanimously.
I. Amend the "Land Subdivision and Development Ordinance" to include
a new section to be known as "Section 14 Fee Schedule" to be worded
as follows:
Section 14. Fees Schedule.
A. Before accepting any application for subdivision approval, the
designated agent of the Albemarle County Board of Supervisors shall
charge and collect the following fees for the purpose of defraying
the expenses incidental to the proceedings involved in processing
a subdivision plat. No part of any such fee shall be refundable, whether
or not the application is granted or denied.
3
Page 664
(1) Preliminary Plats Fee...............................30.00
(2) Final Plat Fee
1-4 lots............................................30.00
5 or more...........................................30.00
plus 1.00 per lot
The amendment was presented by the staff.
Mr. Carr made a motion that the amendment be deferred along with Items E
and F of the agenda. The motion was seconded by Mr. Staley and approved
unanimously. Mr. Roudabush did ask that Mr. Humphrey give some cost on resubmittal
of plats that were not recorded in the allotted time.
J. Amend the Albemarle County Zoning Ordinance to include a Flood Plain
District to be known as Article 9A Flood Plain, General, District GFP.
This district is established for the purpose of providing safety from
flood, prevention of property damage and loss and all other related
dangers; and of promoting the health and general welfare by regulating
and restricting areas in the flood plain of all rivers, streams, and
water bodies which are subject to overflowing their banks. The provisions
of this article shall apply in any zoning district within the
County of Albemarrle, a portion of which is located within a flood plain
area, the boundaries of which are indicated on the official Zoning
Map, which is an integral part of this regulation and are shown as
overlapping other zoning districts.
Mr. Humphrey presented to the Commission the amendment recommending that
some additions presented by the League of Women Voters be incorporated.
The following suggestions were made by the League with corrections and
additions made by Mr. Humphrey and the Commission being underlined.
1. Regulation of the floodway should be provided.
9A-3-3 could be amended by addition of the sentence:
No structures of fill may under any circumstances be placed in the
floodway, or that channel of a watercourse and surrounding land areas
required to transmit the water of an intermediate regional flood
(100 year flood) without increasing flood heights more than one foot
above normal stream level. The floodway shall be dU.Mieated by the
Board of Supervisors based on data by the U. S. Army (Corp.of Engineers
or other qualified engineers.
2. 9A-2. Should administrative approval be shifted to the Planning Commission
to permit public notice and input?
3. 9A-3-1. "type not easily damaged by flood waters" should be more specific.
Page 665
1. The finished ground floor of any structure must be at least one
foot igier than the elevation of the outer limit of the flood
plain district.
2. The fill or other material used shall be effectively protected
against erosion by vegetative cover, riprap, slope or bulkheading.
4. Insert 9A-3-4A would be a useful restriction:
Any fill phced in the flood plain shall be of a material that will
not pollute surface water or ground water and shall be limited in
amount to that required for compliance with County ordinances.
Mr. Humphrey spoke on the floodway in the area where the greatest damage
can occur. He stated that nothing should be built in the floodway. He also
presented a map ahowing the flood plain. The Corp of Engineers has just finished
Moores Creek.
Mr. Parrish wanted to know if Moores Creek was in the County. He was
informed that some of it was.
Mr. Pete Conway commented on Item 1 of the League of Women Voters
suggestions and Item 2, saying that approval should be shifted to the Commission.
Mr. Fornes commented that something should be done about the crookedness
of Moores Creek. Also said we needed more specific guidelines than what the
Corp of Engineers could give us.
Mr. John Crafaik wanted to know if the Board had made a study of the tax
problem in these areas where they can not develop the property. Mr. Humphrey
informed him that there was a Tax Committee. Mr. Crafaik thought the Commission
should have this report before making a decision.
Mrs.Martin said it costs more each time there is a flood with people living
in a flood plain. She would like to see the ordinance approved.
Mr. Parrish, speaking again, urged the Commission to have a look at
Moores Creek before passing the ordinance.
Mrs. Camp urged Commission to pass the ordinance at this time. She stated
,,, that people need their property rights protected.
Page 666
Mr. George Cason wanted to know what they needed protection from.
He said that the protection you need on Moores Creek is different from what
you need in Scottsville. He stated he would hate to see the Corp of Engineers
holding the ace card on everything a man wants to do.
Dr. Iachetta spoke in favor of the ordinance but thought that there was a
need for competent engineering data to be provided by certified engineers. He also
emphasized the importance of keeping floodway open.
Mr. Claude Cotton said an ordinance did need to be defined but he Questioned
that the data and specific points that are being put into ordinance might get out
of our control and be left in the hands of people we can not deal with.
Mr. Cason said that was the point he was trying to make. The fact that we
will be at the mercy of the Corps of Engineers.
Mrs. Jane Conway referred to Article 9A-3-3 and said we would not be at the
mercy of the Corp of Engineers because there are other engineers.
Mr. Colony said we needed this protection. He said that it has been
proven that each time buildings, paved areas, etc. are built or general development
of land, you increase a flood 2.7 times. To put it simpler, a rural river that
would have crested at 15 feet, will crest at 40 feet.
After a few more short comments, the public hearing was closed and Mr.
Roudabush Questioned how the map would be amended and brought before the Board
of Supervisors. He suggested that the individual reports as they come in, be
brought before the Commission for approval, also he suggested that Articles 9A-4
and 9A-3-3, contain wording that the Board of Supervisors would have to approve them
too.
Mr. Humphrey was questioned by the Commission as to what would happen if a
certified engineer came in with data, would his data be accepted. Mr. Humphrey
said the C.E. would have to meet with the Corp of Engineers and be sure they could
agree with each other. Mr. Roudabush pointed out how they might come up with
different figures.
Page 667
Upon motion by Mr. McClure, seconded by Mr. Carr, action on the amendment
was deferred for two weeks. The motion carried unanimously. It was suggested by the
Commission that Mr. Humphrey compile the data that was received and accepted and
give it to them again so they can look at the entire ordinance they are considering.
Dr. Catlin said also that the recommendations of Mr. Roudabush should be checked.
There being no further business, the meeting was adjourned.
Secretary
M
Page 668
September 25, 1972
This was a regular meeting of the Albemarle County Planning
Commission held on September 25, 1972 at 7:30 p.m. in the County Court
House.
Present were Messrs Avery Catlin, Chairman; M. Clifton McClure,
Vice -Chairman; David W. Carr, Wilbur C. Tinsley, M. Jack Rhinehart, Jr.,
Louis C. Staley, James Sams, William S. Roudabush and Mrs. Ellen B.
Craddock. Also attending was Mr. Lloyd Wood, County Supervisor.
The Chairman called the meeting to order and established that a
quorum was present.
The Chairman introduced and welcomed Mr. Jack Rhinehart to the
Commission. Mr. Rhinehart was appointed by the Board of Supervisors to
replace Mr. James Parks, who could no longer serve on the Commission.
The minutes of September 18, 1972 were not completed in time for
the Commission to act on them.
The staff informed the Commission that item 7-f on the agenda, plat
of Section 3 of Orchard Acres, would not be presented at this time.
At this time, Dr. Catlin called for other items on the docket.
1. ZMP-243. Virginia National Bank, Trustee, S. W. Heishman
and Wendell W. Wood have petitioned the Board of Supervisors
to rezone 29.26 acres from R-2 Residential to B-1 Business.
Property is situated in the northeast corner of Route 29
North and Route 631. Property is described as County Tax
Map 61, Parcel 123. Charlottesville Magisterial District.
A public hearing was held on this application on September 11,
1972 and the Planning Commission deferred action until September 25,
1972 so that more information could be obtained on sewage disposal.
Mr. Humphrey informed the Commission that he had talked with
Mr. Homer Cheavacci of the Health Department relative to a septic tank.
ewe Mr. Cheavacci said he would issue a septic permit if the land perked,
but would prefer they used the Woodbrook lagoon or a trunk line.
Page 669
Mr. Humphrey said that the trunk line from Powells Creek was antici-
pated to be completed by July, 1974. He read a letter to the Commission
from Mr. Praeger of the State Water Control Board stating that a hookup
into Woodbrook lagoon would be permissible as long as they would not
be big water users.
Dr. Catlin stated that he had a telephone conversation with Mr.
Praeger regarding Woodbrook sewage lagoon. At this time, Mr. Praeger
said that next week they would install a flow meter and the first of
October, a chemical analysis would be made. By the middle of October
Mr. Praeger would be able to tell if additional hookups could be made to
the Woodbrook lagoon.
Mr. Roudabush asked Mr. Wendell Wood when the first connection
might be made. He was informed that it would be about July or August, 1973.
Mr. Calvin Mawyer questioned whether there was correspondence
that allowed no more hookups. There was some discussion between Dr.
Catlin and Mr. Mawyer regarding correspondence from State Water Control
Board.
Mr. Wendell Wood told the Commission that there was a third altern-
ative. He said that the sewage could be pumped over the hill into
Meadow Creek Plant through the Montague Miller property and that this
can be done today.
Mr. Roudabush was of the opinion that there is sewer available
for the facility and that is all that can be asked.
Mr. Mawyer added again that Woodbrook lagoon was overloaded.
Dr. Sams said he felt the same as Mr. Roudabush, that there seems
to be three possibilities for disposal of the sewage. So he made a
motion for approval. This motion was seconded by Mr. Roudabush.
NNK Mrs. Craddock said she thought Meadow Creek Plant was overloaded
so how could they use that.
Page 670
Mr. Humphrey told her that the last report he had from Mr. Praeger
said it was overloaded but there is supposed to be an upgrading soon.
The above motion carried by a majority vote with Mrs. Craddock
and Mr. RWinehart abstaining.
2. SP-206. Florence C. Norvell has petitioned the Board of Super-
visors to locate a permanent mobile home on 2.0 acres situated
in Covesville area on Route 29 South. Property is described
as County Tax Map 108, Parcel 25 (part thereof). Scottsville
Magisterial District.
Action on this application was deferred from September 11, 1972
meeting to afford the Commission an opportunity to view the site. The
site was viewed by Dr. Catlin, Mr. Staley, Mr. Gerald Fisher and Mr.
Humphrey.
Mr. Staley asked if there would be sufficient room to locate a
septic tank on the property. Mr. Humphrey said it might be hard to do
because of the terrain of the property. Dr. Catlin was of the opinion
that Mrs. Norvell intended to use a pit privy.
Mrs. Norvell's nephew presented to the Commission some pictures
of the property and a letter from Cove Presbyterian Church stating that
their members had no objection to the location of the mobile home.
During the public hearing on September 11, 1972 someone had raised an
objection for the church.
Dr. Sams said he would hesitate to approve a mobile home with a
pit privy and wondered where they would get their water.
There was further discussion about the setback of the mobile
home, which would be 30 feet from the right of way.
Upon motion by Mr. McClure, seconded by Mr. Tinsley, the appli-
cation was approved subject to a 30 foot setback from right of way and
a septic tank system approved by the Health Department. The motion carried
by a majority vote with Mr. P�finehart abstaining.
Page 671
3. ZMP-234. W. I. Mawyer
Action was deferred by Commission from a meeting held in July, 1972
in order to obtain more information.
Mr. Humphrey presented a plat to the Commission showing the property
to be rezoned.
There was a discussion by the Commission on the plat and the fact
that it was thought to be a hardship case.
A motion was made by Mr. Tinsley, seconded by Mrs. Craddock to
deny the application. Mr. McClure stated that he thought in the future
the Commission should not ask for a plat if they are not going to approve
the rezoning as that puts the property owner to a lot of extra expense
for nothing. He also stated that at the public hearing for Mr. Mawyer,
Mr. Carr had said he thought the applicant should be given every chance.
Mr. Carr said he thought this was a hardship, but was of the opinion
the property should be rezoned to RS-1 instead of R-1.
Dr. Catlin pointed out that someone in the family was compen-
sated for the land that was taken by the State for the road and that
is what was causing the rezoning.
Mrs. Mawyer, mother of the applicant, stated that there was a
vacant lot beside the lot which they wanted to rezone. She asked if
this could be added to her son's lot and perhaps clear up the whole
thing.
A Mr. Thacker, speaking in favor of the application, presented
a sketch he had drawn in order to help clarify the situation.
At this time, Mr. Roudabush made a substitute motion that the
Chairman appoint a committee to investigate and talk with the Mawyers
Page 672
and to get the correct information from the Clerk's Office and report
back to the Commission at their first opportunity. This motion was
seconded by Mr. Carr. The motion carried unanimously. Dr. Catlin
appointed Mr. Roudabush and Mr. McClure to take care of this.
SITE PLANS
A. Ice Skating Rink - Peter Easter.
Mr. Humphrey presented the site plan to the Commission stating
that the Site Plan Committee had made some revisions.
Mrs. Craddock asked if there had been any discussion of the light-
ing in the parking lot. She was informed that there was not as this would
have been restricted under the Special Use Permit.
Mr. Carr questioned whether the State would erect a stop sign where
a private road enters into a State road. Mr. Humphrey informed him
that they would not.
Upon motion by Mr. Carr, seconded by Mr. Roudabush, the site plan
was approved unanimously.
B. Vlaviano's Restaurant - Virginia Land Company.
Mr. Humphrey presented the site plan stating that the Site Plan
Committee had reviewed the plan and that the plan had been revised.
There was some discussion by the Commission on the restaurant
having two entrances, especially an entrance on Route 29. Mrs.
Craddock thought perhaps they should requests that the entrance on
Route 29 not be there. Dr. Catlin assured her that it would probably
only be a question of time before they closed that entrance as people
would be getting messed up in the stop light traffic.
Upon motion by Mr. Carr, seconded by Mr. Tinsley the site plan
was approved, unanimously.
Page 673
At this time Mr. Roudabush disqualified himself from voting on the
next item.
C. Squire Hills - Weinstein Corporation.
Mr. Humphrey presented the site plan showing 32+ acres with 500
apartment units and 900 parking spaces. The property is located across
from Northfields Road. He stated that a grading permit had already
been issuxed. Furthermore, the Site Plan Committee had reviewed the plan,
and that the road would be constructed to state standards so that in
the future it would tie in with Route 29.
Mr. McClure asked what assurance there was that this road would
be dedicated.
Mr. Roudabush, speaking as a representative of Weinstein Corp.,
said there was no actual assurance. That they intended to develop the
project over a period of years in phases. He said that the owner would
prefer to submit the entire plan, but if the Commission would rather
approve it in phases he could tell them which buildings were included
in Phase I. So Mr. Roudabush and Mr. Derickson of Weinstein Corp.
delineated Phase I to be Buildings 1-29.
Mrs. Graves, at this point wanted to know if the Site Plan Committee
meetings were open to the public. She was informed by Dr. Catlin and
Mr. Humphrey that they were, but the Site Plan Committee would be
interested in comments only if they were of technical value. All other
comments should come before the Planning Commission.
An adjacent property owner of this development asked the Commission
to defer action until he had time to go over the site plan. He also
asked questions on drainage and the time table of occupancy.
There was also some comment to the effect that Rio Road was
already overcrowded. Mr. Roudabush reminded the Commission that this
Page 674
road would be improved soon and that the apartments would not be ready
until next summer.
Mr. Carr moved for approval of Phase I to be presented to Mr.Humphrey.
So that there will be no question for the developer and this Commission,
that the location of the road which will be in Phase II as shown, be
approved so they can grade it. Phase II must be approved at a later
date and at that time we will have the road bonded, etc.. This motion
was seconded by Mr. McClure.
At this time Mr. Rhinehart questionded what would happen to this
road if the developer decided to sell off certain phases of the project.
There was more discussion by the Commission on how to approve this
site plan and be assured that this road would be built to standards.
Mr. Carr withdrew his previous motion with Mr. McClure's approval,
stating that their objective is to insure that the road gets built.
Mr. McClure made a motion to approve the site plan as follows:
(1) approval of the entire preliminary site plan, (2) specific approval
of Phase I, (3) dedication of right of way (4) approval of the road
alignment, and (5) no further building permits to be issued over and
above those indicated as part of Phase I (Bldgs. 1-29) until the road
is built to meet State standards or bonded. The motion was seconded
by Mr. Tinsley and approved unanimously.
D. Coyne and Delany Factory Building.
Mr. Humphrey presented the site plan to the Commission stating
that the factory would be located on Route 742 adjacent to the Hammer -
mill Paper Company.
After a short discussion, Mr. Carr made a motion, seconded by
Mr. Roudabush to approve the site plan as submitted. The motion carried
unanimously.
Pgae 675
E. Donald Fitzhugh ---Plat showing a survey of Parcel A being
a 8.447 acre portion of the Donald Fitzhugh property located
on Route 764 in Albemarle County.
Mr. Humphrey presented the plat to the Commission showing a 50
foot right of way into the property.
Mr. Eaton Brooks, representing the plat stated that he and his
father-in-law, Mr. Fitzhugh had no intention of subdividing the property
any further.
After some further discussion on the 50 foot right of way, Mr.
Roudabush made a motion to approve the plat subject to the right of
way extending to the 8.447 acre tract only. The motion was seconded by
Mr. McClure and approved unanimously.
4. Amend the Albemarle County Zoning Ordinance to include a
Flood Plain District to be known as Article 9A Flood Plain,
General, District GFP.
This district is established for the purpose of providing
safety from flood, prevention of property damage and loss and
all other related dangers; and of promoting the health and
general welfare by regulating and restricting areas in the flood
plain of all rivers, streams, and water bodies which are
subject to overflowing their banks. The provisions of this
article shall apply in any zoning,distri.ct within the County
of Albemarle, a portion of which is located within a flood
plain area, the boundaries of which are indicated on the official
Zoning Map, which is an integral part of this regulation and
are shown as overlapping other zoning districts.
Mr. Humphrey presented the amendment to the Commission with the
revisions that were made on September 18, 1972.
Dr. Catlin said the public hearing was closed but he asked if
anyone from the public might have any new comments to make.
Mr. John Crafaik of 2806 Northfields Road said that he asked a
question last week that wqs not answered. The question being whether
a study had been made regarding total acreage and taxes of property
involved in the flood plain.
Page676
Mr. Crafaik was informed by Mr. Humphrey and Dr. Catlin that the
Commission was not concerned with tax matters, that the Board of Super-
visors took care of this. Mr. Crafaik also asked if the Commission felt
that the public had been advised about the value of their property
if this ordinance is passed.
Dr. Catlin had to remind Mr. Crafaik that the public hearing was
closed and he could speak only if he had something new to bring out.
Mr. Crafaik said he had two points to bring out. (1) That because
of the flood plain ordinance his property along Moores Creek is no
longer as valuable, (2) asks that the Commission defer any decision for
at least one year to give the people time to study the ordinance and
its effects.
Mr. Howard Lester said that he was not aware that the ordinance
was coming before the Commission at this time, but thought it had been
scheduled for October 2. He said he knew of other people that wanted
to be at the meeting, but did not find out about it in time to attend.
Mr. Lester presented two petitions to the Commission with signatures
asking that consideration be given to people in flood plains who own
property and homes and the effect this ordinance would have on their
value.
Mr. Carr said he thought the Commission should not act at this time
since they had said the amendment would be deferred for two weeks.
Mr. McClure told the Commission that the reason he made the motion
last week to defer it for two weeks was because he still had some
questions about it. He stated that the Commission would be passing an
ordinance that is condemning land and not providing compensation for
the land.
n
Page 677
Mr. Humphrey was asked about other cases such as this. Mr. Humphrey
informed them that all ordinances were running about the same way, and
'err+
that he would be glad to supply them with additional information.
Mr. McClure was of the opinion that a work session would be in
order.
Mr. Carr moved that the matter be deferred until next week and that
the Chair name the time of the work session. The motion was seconded
by Mr. Tinsley and approved unanimously. Dr. Catlin set the work session
for 7:30 p.m., Thursday, September 28, 1972, in the Board of Supervisors.
meeting room. This session would be open to the public.
There being no further business, the meeting was adjourned.
Secretary
gn
Page 678
OCTOBER 231 1972
This was a regular meeting of the Albemarle County Planning Commission
held on October 2, 1972, at 7:30 p.m. in the County Court House.
Present were Messrs Avery Catlin, Chairman; M. Clifton McClure,
Vice -Chairman; David W. Carr, Wilbur C. Tinsley, Louis C. Staley, James
Sams, William S. Roudabush, M. Jack Rhinehart and Mrs. Ellen B. Craddock.
Also attending were Messrs Lloyd F. Wood, Jr. and Gerald Fisher, Supervisors
and Mr. J. Harvey Bailey, County Engineer.
The meeting was called to order by Dr. Catlin and a quorum was
established.
The minutes of September 18 and 25, 1972 were not distributed to
the Commission, so no action could be taken on them.
The Chairman asked that the public hearing begin.
1. Sp-203. City of Charlottesville. Applicant has petitioned
the Albemarle County Board of Supervisors to locate and
operate a landfill sanitary solid waste disposal facility.
The subject land is located on the west side of Route 29
South, five miles south of Interstate 64 interchange with
Route 29. Property is described as County Tax Map 88,
Parcel 26B, containing 165 acres in the Samuel Miller Magis-
terial District.
Mr. Humphrey presented the staff's report. He stated that the
staff is of the opinion that the City should join with the County in
utilizing the Ivy landfill to meet the objectives of the Comprehensive
Plan and economic reasoning with the additional objective of involving
the third separate jurisdiction, the University of Virginia.
�1irr'
Mr. Cole Hendrix, City Manager was present to represent the appli-
cation. Mr. Hendrix said that a film would be shown as part of their
presentation. Also that Mr. Jim Fife of Metcalf and Eddy and Mr. Guy
Agnor, Director of City Public Works would speak further for the City's
application. Mr. Hendrix pointed out that they had been studying this
Page 679
problem for well over a year.
At this time a film was shown by the City giving good examples of
sanitary landfills and other methods of trash disposal.
Mr. Jim Fife representative of Metcalf and Eddy Company showed
some slides of the property where the landfill would be located if
approved. He informed the Commission that the City had asked his company
to look into four separate sites. One site became unavailable due to
purchase by another person. The other sites were (1) Route 641, (2)
near airport (3) 29 South, Massie property. With these three sites,
Mr. Fife listed the life expectancy and hauling distance of each.
Est. Site Life Haul Dist. (mi.)
1. 20 years 17.5 miles
2. 9 years 10.2 miles
3. 21 years 7.8 miles
Also Mr. Fife gave other figures such as:
Capital $125,000 Site (Massie Site)
128.1000 Equipment
Site Development $197,400
Annual Costs 52,300
106,400 Operating Costs
Architect sketches of the proposed site were presented by Mr.
Fife to the Commission.
Mr. Guy Agnor, Director of Public Works for the City, said that
during the summer the City had conducted time studies, using loaded
and unloaded trucks to go to the Ivy landfill and the Massie property.
At this time, they had found Route 637, the secondary road after you
leave I-64 to the Ivy landfill, to be inadequate. He said the City
was concerned that the 125 trucks per week they would use would not be
able to pass each other safely, especially if snow and ice were on the
Page 680
road. The only way to reduce the trips would be to have a transfer
station, then tractor -trailer trucks would be on that road. Mr. Agnor
further suggested that an approach to this matter or the site selection
be left with those who have studied all the factors involved.
Mr. George Maverick, a resident near the Massie site spoke
in opposition to the proposal, saying that Route 29 South is the last
beautiful approach into Charlottesville and we should not put all these
trash trucks on that road.
Mr. Lewis Johnson, speaking in opposition, told the Commission
that the County could certainly get more tax money from the Massie
property if a house were built on it. Also he said that the people that
live near a lndfill would not expect their taxes to be raised, if anything,
they should be lowered. Mr. Johnson was of the opinion that the neighbors
would have to contend with rodents, flies, etc. because the City was
well-known for not being able to handle a sanitary landfill properly.
The problem of contaminating water, the problem of methane gas hanging
in the air were subjects brought up by Mr. Johnson, that would need
consideration if the permit were approved. Mr. Johnson further stated
that he resented the tactics that the City has used in obtaining the
property and would resent it even more if the County officials submitted
to their form of blackmail. Two suggestions were made by Mr. Johnson
(1) that they form a long-range plan (2) that a committee be formed,
headed by Dr. Clinton Parker, to make suggestions on the plan.
Mr. Fred Scott, Jr. was in agreement with most of Mr. Johnson's
statements. He said that he too would like to see a long-range plan,
and that he would discourage using a method that might be outdated in
a short time.
Page 681
Mr. Davenport, a resident near the Ivy Landfill, was opposed to the
idea of making the Ivy Landfill a joint venture. He said the increased
traffic on Route 637 would be detrimental to the people that lived on
that road.
Mr. Roy Clark wished to know how the law would be enforced regard-
ing the covering of all vehicles carrying trash. He said that on Avon
Street, near present City landfill, that trash is on the street and this
would probably happen going down Route 29 too.
Mrs. Deal asked the following questions (1) where is study from
SWCB, which was requested, (2) one requirement for a sanitary landfill
is that a fire break is a required feature and City report says these
are unnecessary, (3) were Metcalf and Eddy ever asked to evaluate a
joint landfill, (4) was distance to sites judged from center of City or
from another point, (5) within the life of this landfill, does the City
anticipate annexation which would change the trash collection area, (6)
would Mr. Agnor agree that the Ivy site would be more acceptable if Route
637 were improved?
These questions were answered by representatives of the City, starting
with question one, through six, respectively. (1) They do have a letter
from the State Health Department, (2) They would provide the fire break if
they are necessary, (3) No, Metcalf and Eddy were not asked to evaluate a
joint landfill, (4) Distance was judged from City Yard for Metcalf and Eddy's
report,and I-64 and Route 29 from Mr. Pollocks report, (5,6) Mr. Hendrix said
that the past annexation procedure was asking mostly for land south of the
City. He also pointed out that if Route 637 were improved by the Highway
Department, the Ivy site would be reconsidered.
Page 682
Mr. Hagen wished to ask if the City had any long-term solid waste
plans and pointed out that the costs of disposing of trash was of course,
going to get higher.
Mr. Hendrix informed Mr. Hagen that the City was working on such
a plan but said the City would probably be operating a landfill for
at least 10 years more.
Mr. Iachetta, speaking as a qualified expert on pollution, stated
that there was an alternative to the landfill method of disposal,
this being an incinerator. He elaborated on the fact that a few more
years would bring a greater population into Charlottesville and they
would need a method such as this to take care of the increase in population.
Also, he brought out that the items not consumed by the incinerator would
at least be sanitary.
Mrs. Craw, representing the Civic League, said that her Board would
suggest a joint landfill at Ivy, since a landfill may be entirely obsolete
in a few years.
Mrs. Wolf suggested that the Planning Commission plan for some
other method besides a sanitary landfill and give it to the City as a
Bicentennial gift.
Mr. Jack Camblos agreed that the City and County should have a joint
landfill, but he would prefer they use the Massie property as he owns
land near the Ivy landfill! Mr. Camblos was of the opinion that I-64
was just as important as Route 29 South as far as trash trucks traveling
over it. He stated that the traffic bothers him on Route 637 now and
that increased traffic here would be worse than increasing traffic on
Route 29. He further elaborated on the narrow and winding conditions of
Route 637.
Page 683
Another lady from the public suggested salvaging some things
from waste material, sell these, and perhaps take care of some of the
costs of trash disposal.
At this time the hearing was closed to the public.
Mr. Rhinehart asked Mr. Hendrix why he though it would be more
expensive to use the Ivy site since Mr. Pollock says it won•tt cost as
much.
Mr. Hendrix explained that it was a financial thing, getting money
back from property, bonds, etc.. Mr. Agnor informed them that two
additional trucks would be required also.
Mr. Carr said he agreed with some of the comments, that Route 637
was inadequate. He wanted to know what investigation had been done as
far as who would improve that road, theCity, County or Highway Dept.
Mr. Humphrey informed the Commission that the Board of Supervisors
would have to put this on the top of their priority list for the Highway
Dept., but it still might take three years for the needed improvements.
Mr. Carr was of the opinion that the Commission should not proceed
on this application until the information that they were waiting for is
received in approximately 30 days.
Mr. Tinsley was of the opinion that it would be unthinkable to
have low -speed trucks on Route 29 South with just its two lanes.
Mrs. Craddock said if it were unthinkable on 29S., what would it
be on Route 637.
Since the Ivy landfill is supposed to last 30 years as a joint
venture, Dr. Sams wanted to know if this figure was based on present
population or projected population of City and County. Mr. Humphrey
said he did not know, that Mr. Pollock would have to answer that question
when he gets back into town.
Page 684
Dr. Catlin stated that both sites had disadvantages. He thinks
the City and County should have a joint operation, but due to technology
rw°
changing rapidly, they should not commit themselves to any long-range
plan yet.
There was further discussion on other sites that might be agreeable
to the City and County.
Mrs. Craddock asked how vital this situation was for the City. She
was informed by Mr. Agnor that the City must have a new landfill by
December this year.
Mr. Carr made a motion that the matter be deferred until such time
as the report is available and that Mr. Humphrey be requested to distribute
the report as soon as possible, hopefully in two weeks, but no more than one
month. The motion was seconded by Mr. Tinsley, and carried unanimously.
There being no further business, the meeting was adjourned.
Secretary
Page 685
S,sp�.28)
Getebe, 1972
This was a work session held by the Albemarle County Planning Commission
to consider a "General Flood Plain Ordinance" as submitted by the staff. The
following members were present: Dr. Catlin, Dr. Sams, and Messrs. McClure,
Staley, Rinehart, Roudabush, Tinsley, and Mrs. Craddock; MY. C'c_rr.
This work session, brought about by comments made during the public
hearing involved discussion on, clarification of intent, with special emphasis
on the difference between floodway and flood fringe; non -conforming uses and
compensation for alledged confiscation of land.
At the conclusion of the work session, the staff was directed to revise
the ordinance to clarify the permitting of non -conforming uses, explanation
of flood fringe and floodway; inclusion of a "fill permit" and approval by
County Engineer and a revamping of permitted uses to provide for clearance
within the floodway.
The staff was instructed to resubmit the Flood Plain Zone as soon. as
possible.
The meeting was adjourned.
Secretary
Albemarle County Planning Commission
Page 686
October 9, 1972
This was a work session held by the Albemarle County Planning Commission
to consider the Flood Plain Ordinance, second draft. Also submitted for
approval was a restricted road serving Green Mountain Subdivision and a
proposal to abandon oneof two access easements to a recreation area in
Jefferson Village. Both were approved.
The following members were present: Dr. Catlin, Dr. Sams, and
Messrs. McClure, Staley, Carr, Rinehart, Roudabush, Tinsley, and Mrs. Craddock.
This work session was to review the second draft of the flood plain ordinance,
which was revised by County Planner after the Sf� 8oh- p.
er—� 1972 workshop.
At the conclusion of the work session, it was decided that further
clarification and revision of the ordinance was necessary, perhaps through
a Planning Commission Subcommittee.
The meeting was adjourned.
Secretary
Page 687
OCTOBER 16, 1972
This was a regular meeting of the Albemarle County Planning
Commission held on October 16, 1972, commencing at 7:30 P.M. in the
County Courthouse.
Present were Messrs.Avery Catlin, Chairman: M. Clifton McClure,
Vice -Chairman; David W. Carr, Wilbur C. Tinsley, Louis C. Staley,
James Sams, William S. Roudabush, M. Jack Rhinehart and Mrs. Ellen
Craddock. Also attending was Mr. Lloyd F. Wood, Jr., County Supervisor.
The Chairman called the meeting to order and established that a
quorum was present.
The minutes of three meetings and two workshops were presented
for approval. The minutes of September 18, 25, and October 2 meetings
were approved as submitted. The minutes of September 28 workshop
were corrected on page 686 to read September 28 instead of October 2.
Also, Mr. Carr's name is to be added to the paragraph of Commissioners
present. The minutes of October 9 work session were corrected in
the next to last paragraph by changing date to September 28, 1972.
At this time the Chairman called for the public hearings.
1. ZMP-246. George Cason. Applicant is requesting the Board
of Supervisors to rezone 12.0 acres from R-3 Residential to
A-1 Agricultural. Property is located at the I-64 and Route
631 interchange just south of the city limits of Charlottes-
ville and is described as County Tax Map 76, Parcels 54A, 54L,
54M, 540, 54P and 54 (part thereof). Scottsville Magisterial
District.
The staff, represented by Mary Joy White, Senior Planner, presented
their report.
I*r Mr. Cason was present to represent his application.
Mr. Underwood, a property owner in Oak Hill Subdivision, repre-
senting himself and two others, spoke in opposition to the rezoning
Pgge 688
of the 12 acres from R-3 to B-1. He said that the zoning ordinance was
set up to protect property owners from this type of commercial encroach-
ment. Also, that this property did not have an outlet onto the State
highway, therefore the road would be unsafe.
Mr. Cason informed the Commission and Mr. Underwood that there
was an outlet on to Route 631. He said the property is shown on the
Master Plan and there is no question about it being commercial property.
Dr. Catlin asked Mr. Cason to explain his intent for rezoning the
8.8 acres to A-1.
Mr. Cason explained that this property was going to be utilized for
Azalea Apts. But it was located in the flood plain; therefore, he
would rezone this property back to A-1 and build Azalea Apts. across
I-64 behind his proposed commercial property which is already R-3.
He also said he would give up the building permits issued for this 8.8
acres, once he gets building permits and site plan approval on the
other side of the road.
There was some discussion about a schematic plan that the Planning
staff had worked up for Mr. Cason and there was comment about some lots
being advertised incorrectly, and lots not being shown on this request.
Dr. Catlin was of the opinion that this rezoning could change
the character of the area and should be viewed by a sub -committee.
Mr. Carr made a motion that the matter be deferred for at least one
week so the property can be reviewed by a committee appointed by the
Chairman. The motion was seconded by Mrs. Craddock and approved
unanimously.
2. SP-207. Richard and Carolyn Brown. Applicants wish to place
a permanent mobile home on property located on Route 712 at
North Garden, Virginia. Property which contains 1.0 acre is
zoned A-1 Agricultural and is described as County Tax Map
99A, Parcel 15. Samuel Miller District.
Page 689
The staff presented its report, recommending screening along
Route 712, if the permit was approved. Miss White also pointed out
that the mobile home is presently located on the property under an emergency
permit.
Mrs. Brown was present to speak for her permit.
After a short discussion about whether the mobile home could meet
requirements, Mr. Carr made a motion to approve the application subject
to Health Department approval for septic system and screening as set
by the Planner. The motion was seconded by Mrs. Craddock and approved
unanimously.
3. SP-208. Lorenza Banks. Applicant wishes to place a permanent
mobile home on property located on Route 741 near Proffit,
Virginia. Property which contains 2.0 acres is zoned A-1
Agricultural and is described as County Tax Map 46, Parcel 83
(part thereof). Rivanna Magisterial District.
The staff presented its report.
Mr. Banks was not present nor was there anyone to represent him;
therefore Mr. Carr moved that the matter be deferred until Mr. Banks
or a representative can be present.
Tinsley and approved unanimously.
The motion was seconded by Mr.
4. SP-209. Russell M. Shiflett. Applicant wishes to place a
permanent mobile home on property located on Route 53, 5 miles
east of Charlottesville. Property which contains 5.58 acres is
zoned A-1 Agricultural and is described as County Tax Map 92,
Parcel 29. Scottsville Magisterial District.
A public hearing was not held at this time on this application,
but will be conducted October 30, 1972.
S. SP-210. Michael B.Stewart. Applicant wishes to place a
permanent mobile home on property located on Route 727 near
Carter's Bridge, Virginia. Property which contains 10.0
acres is zoned A-1 Agricultural and is described as County
Tax Map 103, Parcel 16 (part thereof). Scottsville Magisterial
District.
T1,,- -P-P - - - - - - ♦.TnC nrPCPntPcl by Mary Joy White.
Page 690
M
IM
M
Mr. Stewart was present. He stated that the Health Dept. had
approved his septic system. There was no one in opposition to the
request.
Dr. Catlin questioned whether this subdivision of Quandary Farm
was going to become a mobile home subdivision. Mr. Stewart had no
knowledge of such as he only purchased lot #12, 10 acres out of many.
Mr. Carr said he would like to know more about the development of
Quandary Farm before approving a permit for a mobile home.
Dr. Catlin said he had always thought that a mobile home should
be located in the rural and not in a subdivision. He agreed with Mr. Carr's
statement that one mobile home will set a pattern for this whole subdivision.
He said this was an obvious attempt at diverting the ordinance.
There was further discussion about the subdivision with Lloyd Wood
saying mobile home owners should be encouraged to locate on large lots
such as this. But Mr. Carr questioned whether this "subdivision" was legal.
There was some question as to whether all adjacent property owners had
been notified.
Dr. Sams made a motion that action be deferred until we have evidence
that all four property owners have been notified and letters of information
sent to other property owners in this subdivision. The motion was seconded
by Mr. Tinsley and approved unanimously.
Dr. Catlin noted that the public hearing was not closed, but would
be continued when the above motion was completed.
6. Sp-211. James R. Armstrong. Applicant wishes to place a
public garage on property located on Route 715 in Esmont, Virginia
Property which contains 0.39 of an acre and is zoned A-1 Agricultural
is described as County Tax Map 128-B, Parcel 31, Scottsville
Magisterial District.
Page 691
The staff presented its report.
Mr. Armstrong was present and Mr. Jack Kegley, attorney, was present to
represent him. Mr. Kegley said that the people of the area respected Mr.
Armstrong because he is a known mechanic, and according to the Master Plan,
Esmont is designated as an urban center. He pointed out that there was a post
office, and three stores in this town and to have this garage would not be changing
the character of the community. Mr. Kegley said that this lot contains 17000
sq. ft. and Wilhoit Motors only has 21000 squ. ft. and have a number of employees
and do a tremendous volume of business, whereas this would be a one-man operation.
At this time Mr. Kegley had four of the six adjoining property owners speak,
expressing their desire for the garage. He also presented a petition to the
Commission with additional signatures of people in favor of the garage.
Mr. George R. St.John spoke in opposition to the request. He said there
were 22 other people present who were also in opposition and that there were
some letters to the Commission expressing unfavorable opinion. Mr. St.John
stated that the railroad no longer came through this area but that it was just an open
field and looked like a lawn. Also he said that this was not an industrial
area and being designated a residential cluster on the Master Plan did not
necessarily mean there would be service stations, etc.. He thought the Commission
should know more about the kind of work Mr. Armstrong does before approving
such an application.
Mr. Heath, a property owner in Esmont presented letters from Mrs. Boatright,
Mrs. Tapscott and Mr. Heath's wife, expressing opposition.
Mr. Al Turnbull, who has lived in Esmont for two years, said it would be a
tragedy to put a "Wilhoit Motors" or body shop right in front of it.
Mr. Frank Webber, in opposition, said this would be another case of spot
zoning if approved. Mrs. Moore also spoke against the petition.
Mr. Armstrong, at this time, informed the Commission that his work would
consist of any general car repair such as complete engine, electrical and body
Page 692
work. He stated he had neither the room nor the desire to operate a junk yard.
Mrs. Mays, Mrs. Jones, Mrs. Turnbull and Mr. Whiteside commented against
the application.
The public hearing was then closed to the public.
Dr. Catlin informed the Commission that a letter had been received from
Mrs. Van Clief expressing her disapproval of this request.
Dr. Sams said he thought this use would not be compatible with the area
and moved for denial. The motion was seconded by Mr. Tinsley.
Mr. Rhinehart said he knew they could not view all these sites, but on
hearsay evidence we do not get the whole picture. Mr. Staley and Mrs. Craddock
felt, too, that perhaps this site should be looked at before a decision is
made.
Mr. Carr offered a substitute motion that the matter be deferred and
a committee be appointed to review the site and come back on October 30, 1972.
The motion was seconded by Mr. Roudabush and approved unanimously.
SITE PLANS
A. Hollymead - Section II.
The site plan was presented by Mr. Humphrey, stating that alignment and
sizing of sewer lines should be added to the plans. He said the site plan
had been reviewed by the site plan committee but as of this date they had not
received recommendations from SCS. There was some discussion on approving
these plans before all recommendations had been received from the site plan
committee.
Upon motion by Mr. McClure, seconded by Mr. Staley, the site plan was
approved subject to (1) grading plans, (2) highway approval, (3) alignment
and sizing of sewer lines. The motion carried unanimously.
Page 693
At this time, Mr. Carr raised a point about the procedure in handling site plans.
He said that he appreciated the work that the professionals are doing but it occurred
to him that the Commission is going through a procedure that is kind of fruitless. The
Commission is looking at items that have been reviewed by professionals, so the Commission
has no role unless they are having an appeal or something similar. Mr. Humphrey stated
that the presentation before the Commission and Commission approval provided citizen input
in keeping with recent Board of Supervisors approved policy.
Dr. Catlin, therefore, suggested to Mr. Humphrey that he present the plans as having
met the requirements and indicate whether there are any problems or not and then perhaps
this would speed up the process.
B. Melbburne Road
Mr. Humphrey presented the site plan stating that approval was recommended
subject to (1) highway approval (2) bonding of the road for approval.
Mr. Lloyd Wood was of the opinion that the City should take their road through
McIntire Park because the proposed route would be very dangerous in winter months, plus,
in the long run it would be more expensive than a road through McIntire.
Mrs Martin disagreed with Mr. Wood on using McIntire Park, since people need the
park. Mr. Wood retaliated that in order to need a park, a person would have to be alive.
Mrs Craddock asked as to what provisions had been made for sidewalks along the
proposed road After investigation of the plan it Gas ascertained that sidewalks were in-
dicated along one side of the road.
Upon motion by Mr. McClure, seconded by Mr. Roudabush, the site plan
was approved subject to (1) the road being built.to State standards (2) and
a letter being written to the City to reiterate the position of the
Commission, urging the City to proceed with the extension of McIntire Road
as soon as possible. The motion carried unanimously.
Page 694
After a short discussion, Mr. Roudabush made a motion for approval, seconded
by Mr. McClure. The motion carried unanimously.
D. Brown Property - Restricted Road.
Mr. Humphrey presented to the Commission this pre -preliminary drawing
to ascertain whether the Commission will accept restricted roads to serve
large lot subdivisions. The subdivisions will contain 36 lots with 32 of them
being placed on restricted roads. The average lot size being 3.0 * acres. The
property is located near Red Hill, on Routes 710 and 696.
Mr. Max Evans, representing the plan, said there would also be 36 acres
of common land in the flood plain running along Route 696. He stated the
cost of getting just one road in across a flood plan would be quite expensive.
Mr. Evans said the road would be built similar to state standards and would meet
standards in the new ordinance.
Mr. Gerald Fisher, after determining the roads would also be common
ownership, spoke against having such, as he presently lives in a subdivision
where the property owners maintain their road.
Dr. Catlin was concerned about not meeting state standards on the bridge
that would have to be built, since frequently there is reaction from the public
at a later date.
Mr. Evans suggested approving a restricted road for four lots, then the
road could be built to state standards later.
Mr. Roudabush suggested that maybe Mr. Evans could submit road plans to
the Planning Department, County Engineer and Highway Dept.for their review.
There was further discussion on the plans for the road.
Mr. Evans said that the road would be fixed so that it could be brought up
to state standards if the owners so desired.
Mr. Fisher said that he and other property owners where he lived had tried
that, too, but the expense was too great.
Mr. Carr could not view a 3-acre lot as an exclusive large acre lot on which
Page 695
to build an expensive home. Especially since it is 16 miles from Charlottesville. He
said it would get his attention more if they were dealing with 10 acre lots.
Dr. Catlin said the point he got from the discussion was one of privacy
because they were talking about a quality subdivision.
Therefore, Mr. Evans was informed that the Commission would take this matter
under advisement, since they would need time to think abotint,it.
E. Real Estate III - Office Building.
Mr. Humphrey presented the site plan, stating that the property was located
off Route 29 North behind Carrsbrook.
Mrs. Martin brought to the attention of the Commission that the hill
behind the proposed office building was very badly eroded and suggested that
something be done to protect the people nearby who are suffering from this
erosion.
Mr. Carr said the answer to this problem would be to put the property
to work and the owners would maintain it better than if it were just sitting there.
Mrs. Martin proceeded to give an example of the erosion in Barracks Road
Shopping Center.
There was further discussion and it was found that grass had recently
taken on the hillside of that particular lot.
Upon motion by Dr. Sams, seconded by Mr. McClure the site plan was approved.
It should be noted, though, that Mr. Roudabush abstained from discussion and
voting on this site plan.
F. Dodd's, Inc. - Mobile Home Sales.
Mr. Humphrey presented this plan, located on Route 29 North, being the
previous site of Southwood Mobile Home Sales. Mr. Humphrey noted that there was
only a slight modification from the previous operation.
After a short discussion Mr. Carr made a motion to approve the plan for
two years, then to be renewed administratively on a year to year basis thereafter.
The motion was seconded by Mr. Roudabush and approved unanimously.
Page 696
G. Lake Acres Subdivision.
The plan was presented by the staff. The property is located on Route
606, very near Chris Greene Lake.
Mr. Joe Goldsmith, Zoning Administrator, speaking from the floor, expressed
his personal and professional opposition to this subdivision. Mr. Goldsmith
was of the opinion that it would be Quite feasible for Mr. McClellan to develop
these lots along Chris Greene. He emphasized that Mr. McClellan could build Quite
close to the park and shelter. Mr. Goldsmith suggested that a committee approach
Mr. McClellan and talk with him. He stated that buying a little of the land would
not help matters, but that all the land along that road should be purchased by
the County.
After further discussion of possibly purchasing the land Mr. McClure made a
motion, seconded by Mr. Carr that the matter be deferred for two weeks and that
the Commission request the staff to look into the possibility or possibilities of
purchasing or otherwise providing protection for the County's watersheds. The
motion carried unanimously.
H. Travel Trailer Sales.
The site plan was presented by the staff. The property in question is
located on Route 250 East at the intersection with Route 20. A building is to be
erected in connection with travel trailer sales. Mr. Humphrey informed the
Commission that Travel Trailer Sales wished to utilize an existing septic tank, but
were not to connect to it until such time as the existing house is disconnected.
There was a short discussion on the two entrances leading on to Route 250.
Mr. Frank Burke, representing the plan, informed the Commission that these two
entrances would be necessary because these would be amateur trailer drivers.
Upon motion by Mr. McClure, sec onded by Mr. Roudabush, the plan was approved
subject to (1) Health Dept. approval, (2) extension of acceleration lane. The
w�r..9 motion carried unanimously.
Page 697
I. Martin/Hurlbut - Restricted Road.
The staff presented the site plan to the Commission. The property is
located on Route 676, showing Lots A, B, C, and D. There was some discussion
as to why the property was cut up in such a way, which was explained by property
owner.
Upon motion by Mrs. Craddock, seconded by Mr. McClure, the restricted road
going to Lots B, C, D, was approved unanimously.
At this time, Mr. Humphrey presented to the Commission a revised Land
Subdivision and Development Ordinance, and asked the Commission to wait until
October 23, to take action, as he and Mr. Pickford, County Attorney, had made more
revisions as of this date.
The hearing was opened to the public and Mr. Stevenson asked why there was
a change on page 6, item 1-60-B. This was satisfactorily explained by Mr.
Humphrey but Mr. Stevenson thought it should not be changed.
Mr. Forbes Reback said that since it was after 11:00 p. m. and he was
tired, he would not go through all the typographical errors in the ordinance, but
would take them up with Mr. Humphrey later. Mr. Reback stated that it was
perfectly obvious that this is not a workable ordinance and that it is worse than
the present ordinance. He said he could not understand why all the definitions
about floods were added to this ordinance as the Flood Plain Ordinance is now in
the Zoning Ordinance. Mr. Reback listed numerous places where, due to cross
references and changes, numbers had become incorrect (p. 4, at bottom (See 4-31) ).
Mr. Reback, commented on Sections 1-50, 7-3, 3-12, 3-17,; p. 11, para. 4; p. 12;
all of Sec. 5; 5-6; 7-3; p. 24, para. J. He said he thought a schedule of fees
should be incorporated into the ordinance. He also recommended that a consultant
be hired to put together a good ordinance.
Dr. Catlin said that Mr. Reback had raised some good points about legality and
asked Mr. Humphrey about the Commission receiving revised ordinances. Mr. Humphrey
Page 698
stated the Commission would receive revised ordinances, also that Mr. Tom Blue
wished a definition for surveyor to be incorporated into the ordinance.
There being no further business, the meeting was adjourned.
Secretary
Page 699
October 23, 1972
A meeting was held by the Albemarle County Planning Commission
on October 23, 1972, 7:30 p.m. in the County Courthouse.
Present were Dr. Avery Catlin, Chairman; and Messrs M. Clifton
McClure, Vice -Chairman; David W. Carr, Wilbur C. Tinsley, Ellen B.
Craddock, Louis C. Staley, Dr. James Sams, William S. Roudabush, Jr.
and M. Jack Rinehart, Jr. Also, present were Lloyd Wood and
Gerald Fisher.
The meeting was called to order by Dr. Catlin and a quorum was
established. Minutes of previous meeting were deferred.
Z. ZMP-246. George Cason. AppZicant is requesting the Board of
Board of Supervisors to rezone Z2.0 acres from R-3 Residential
to B-Z Business and 8.8 acres from R-3 ResidentiaZ to A-Z
AgriculturaZ. Property is Zocated at the I-64 and Route 63Z
interchange just south of the city Zimits of CharZottesviZZe
and is described as County Tax Map 76, ParceZ 54A, 54L,
54M3 54-0, 54P and 54 (part thereof). ScottsviZZe MagisteriaZ
District:
At this time the Chairman called for a report by the Commission
relative to a field trip conducted by a committee of the Commission,
regarding ZMP-246 by Mr. George Cason; Messrs Tinsley, Carr and
Rinehart participated in the field trip. Mr. Tinsley indicated condern
regarding protection of the church because of the topography in the
area and some concern regarding sanitary facilities available. The
church lies below the grade of Route 631, and below the proposed
land which is the subject of ZMP-246. On the south and northwest
property lines Mr. Carr reported on land use in the area and the
lay of the land with reference to the proposed commercial site. In
his opinion, the church would be hard to protect. Mr. Rinehart
noted that the right-of-way taken in connection with I-64 and the
..w, improvement of Route 631 had damaged Ithe properties to the west
of Route 631 to the extent that the duplex and the single family
Page 700
gpproK 1""faIY
dwellings were"12 feet from the right-of-way of Route 631.
At this time the chair recognized Mr. Cason who'assisted
in supplying information relative to the disposition of the
W;th
properties"which the committee was concerned.
The consensus of the committee was that the 8.8 acre tract.
requested for A-1 zone was proper.
Further discussion by the commission was held. with the following
general comments;
Mr. Carr was of the opinion that the subject property should
be considered for B-1, especially when comparing the land use
impact of R-3 zone with that of B-1 zoning. He felt that Route 631
provided a sufficient buffer between "Oakhill Subdivision" zoned
R-3 and the proposed request.
Dr. Catlin was concerned with the property of the existing
dwellings; however, having not heard from the adjoining property
owners, he assumed they had no objection. He also indicated his
concern for proper sanitary facilities.
Mr. Roudabush was concerned with the single family development
in Oakhill Subdivision; however, he was of the opinion that proper
protection could be afforded under site plan approval.
Mr. McClure was of the opinion that this land in the southwest
quadrant of I-64 and Route 631 intersection was one of the better
commercial sites along I-64 at its interchanges. He felt good
site planning could provide protection needed for adjacent and
across -the -street owners.
At this time Mr. Carr motioned for approval of rezoning 12.0
acres from R-3 to B-1; 8.8 acres from R-3 to A-1 as requested, which
was seconded by Mr. Rinehart. The motion carried unanimou"sly.
Page 701
At this time the chair called for the continuation of the
public hearing held October 16, 1972 regarding SP-208.
2. SP-208. Lorenza Banks. Applicant wishes to pZaee a
permanent mobiZe home on property located on Route 74Z
near Proffit, Virginia. Property which contains 2.0
acres is zoned A-Z AgricuZturaZ and is described as
County Tax Map 46, ParceZ 83 (part thereof). Rivanna
MagisteriaZ District.
Mr. Banks was present. After a discussion it was noted that the
application proposal would involve an illegal division of land
since the proposal was to locate the mobile home on 3.0 acres
in an A-1 zone, presently containing a dwelling. No action was
taken by the commission and SP-208 was deferred until an inves-
tigation by the staff and applicant was taken to determine proper
approach to what seems to be a problem.
At this time the chairman called for the continuation
of the public hearing on SP-210.
3. SP-2Z0. MichaeZ B. Stewart. Applicant wishes to pZace
a permanent mobiZe home on property Zocated on Route 727
near Carter's Bridge, Virginia. Property which contains
Z0.0 acres is zoned A-Z AgricuZturaZ and is described
as County Tax Map Z03, ParceZ Z6 (part thereof). ScottsviZZe
MagisteriaZ District.
This was deferred to afford additional notification to new owners
of land abutting the subject property. Miss Mary Joy White, Senior
Planner, reported that efforts had been made to locate and
notify the owners of the recent land transfers. The commission was
of the opinion that sufficient adjoining owners had been notified
and that the planning office would continue the process to
locate the remaining owners prior to the hearing by the Board
of Supervisors.
Miss White noted that one property owner in the area was of
the opinion the mobile home was to be temporary in nature. The
applicant when questioned stated that he would be amenable to
Page 702
a temporary permit in lieu of the permanent approach. Mr. Roudabush
noted that he was concerned about approving a permanent permit
and setting a precedent in the area.
After the completion of the discussion, Dr. Sams motioned
for approval of the request as a temporary permit for a period
of two years with administrative approval yearly thereafter, and
subject to health department approval for a septic tank system,
and that the permit indicate the date of expiration. The motion
was seconded by Mr. Roudabush and approved unanimously.
At this time, the chairman called for further consideration
of the proposed Flood Plain Ordinance (5th draft).
A lengthy discussion was held with special emphasis given
to non -conforming uses within the floodway and flood plain. The
commission, not in complete unanimity agreed to recommend to
the Board the existing wording of Article 10 non -conforming uses
as found in the existing zoning ordinance with the addition of
the following sentence to Article 10-7-4. "However, this provision
shall not apply within the floodway of the General Flood Plain Zone
as may be established under the provisions of this ordinance, as
it relates to structures for human habitation (single family
dwellings)."
Additional comments from the commission were accepted by
the Chairman relative to clarity and additions to existing articles.
A copy of the sixth draft which is the result of this work session
is a part of these minutes and is found on the following
page.
N
Page 703
ARTICLE 9A. FLOOD PLAIN, GENERAL,
DISTRICT GP
STATEMENT OF INTENT
This district was established for the purpose of providing
safety from flood prevention of property damage and loss and all
other related dangers; and of promoting the health and general
welfare by regulating and restricting areas in the flood plain
of all rivers, streams, and water bodies which are subject to
overflowing their banks. The provisions of this article shall apply
in any district within the County of AZbemarZe, a portion of which
is located within a flood plain area, the boundaries of which are
indicated on the official Zoning Map, which is an integral part
of this regulation, and are shown as overlapping other zoning
districts. The flood plain, as may be established, shaZZ be divided
into two areas (Z) the flood fringe and (2) the fZoodway. New
structures for human habitation in any fZoodway are prohibited.
9A-Z USES PERMITTED IN FLOOD FRINGE
Only those uses specifically provided for in the A-Z, RS-Z,
R-Z, R-2, R-3, B-Z, RTM, M-Z and M-2 zones as they may be
established, are permitted within the flood plain district,
subject however, to the requirements contained within this
article. Uses are permitted within the General Flood Plain
in the flood fringe provided certain requirements are met.
Any structure permitted shall be firmly anchored to prevent
it from floating away and thus damaging other structures and
threatening to restrict bridge openings and other
restricted sections of the stream.
9A-Z-Z Agricultural uses: limited to general farming, pasture,
grazing, livestock raising, outdoor plant nurseries,
horticulture, vit,cuZture, truck farming, forestry, sod
farming, top soil removal, and wild crop harvesting.
OA-Z-2 Recreation Uses (Public or Private) and Accessory Structures
not designed for human habitation, such as parks, swimming
areas, golf courses, driving ranges, picnic grounds, wildlife
and nature preserves, game farms, fish hatcheries, shooting
preserves, target ranges, trap and skeet ranges, hunting,
fishing, and hiking areas, athletic fields and horseshoes
grounds. Any structure permitted shall be firmly anchored
to prevent it from floating away and thus damaging other
structures and threatening to restrict bridge openings and
other restricted sections of the stream.
9A-Z-3 Navigational and drainage aids.
9A-Z-4 Flood warning aids and devices.
9A-Z-5 Water monitoring devices.
9A-Z-6 Fences.
9A-Z-7 Bank Erosion Structures.
Page 704
9A-Z-8
Sand, grave.Z. and.
topsoil, remova.Z, .
9A-Z-9
Aircraft landing
strip without structures.
9A-2 USES PERMITTED IN FLOOD FRINGE WITH LANDFILL PERMIT APPROVAL
Except as otherwise specifically provided by these and
other regulations of this ordinance, any permitted use
listed below maybe located within the General Flood Plain
Zone as shown on the official zoning map in the area
designated as being the flood fringe area; provided proper
methods are used to raise the ground ZeveZ to accomplish
the requirements of Article 9A-5, but subject to any
limitations or restrictions of uses as designated thereto
in this ordinance.
9A-2-Z Uses, structures, activities, streets, railroads, and
dams as designated and regulated, and approved by the County
in the A-Z, RS-Z, R-Z, R-2, B-Z, R-TM, M-Z and M-2 zoning
districts; provided that a landfill permit has been
approved and issued in accord with 9A-5 and that the pro-
visions of the Albemarle County Subdivision Ordinance and
other related ordinances of the County of Albemarle have
been satisfied.
9A-3 THE FOLLOWING USES' ARE PERMITTED WITHIN ANY DESIGNATED
FLOODWAY AREA 'WITHIN THE GENERAE' FLOOD PLAIN DESIGNATION
9A-3-Z Agricultural Uses: limited to general farming, pasture,
grazing, livestock raising, outdoor plant nurseries,
horticulture, vicuZture, truck farming, forestry, sod
farming, and wild crop harvesting, excluding any structures
of any kind.
9A-3-2 Parks, swimming area, golf courses, driving ranges, picnic
grounds, wildlife and nature preserves, game farms, fish
hatcheries, shooting preserves, target ranges, trap and
skeet ranges, hunting, fishing, hiking areas, athZetic
fields and horseshoes grounds, but excluding any structures
of any kind related thereto.
9A-3-3 Navigational and drainage -aids.
9A-3-4 Flood warning aids and devices.
9A-3-5 Water monitoring devices.
9A-3-6 Fences.
9A-3-7 Bank erosion structures.
9A-4 THE FOLLOWING USES ARE PERMITTED WITHIN THE FLOODWAY WITH
A SPECIAL USE PERMIT IN KEEPING VITH ARTICLE ZZ-Z3 AND SITE
FLAN APPROVAL
9A-4-Z Dams and levies for water supply and flood control.
Page 705
9A-4-2 Water related uses such as docks, piers, wharves, bridges,
ferries, cuZverts, and river crossings of transmission
Zines of aZZ types.
9A-4-3 Sand, graveZ, and top soil removaZ.
9A-5 LANDFILL PERMIT REGULATIONS
When the filling of Zand in the fringe area of a GeneraZ
Flood Plain is desired, a ZandfiZZ permit approval by the
County Engineer is required. No permit shaZZ be issued
or approved by the County Engineer untiZ the site plan
for such fiZZ of Zand shaZZ have been submitted to the
County Engineer indicating that the foZZowing requirements
have been met:
9A-5-Z
The finished grade shaZZ provide for a finished ground
floor, basement or cellar for a structure to be at Zeast
one foot higher than the outer eZevation contour of the
GeneraZ Flood PZain District and any fiZZ shaZZ be effectively
protected against erosion by vegetation cover, riprap, slope
or buZkheaded to prevent erosion.
9A-5-2
Any use permitted shaZZ be in compZiance and harmony with
the appropriate zone which it overlaps.
9A-5-3
Any permitted structures or the filling of Zand shaZZ be
designed, constructed, and placed on the Zot or parceZ so
as to offer a minimum obstruction to and effect upon the
fZow of water. No fiZZ may under any circumstances be placed
in the fZoodway.
9A-5-4
Any structure, equipment or materiaZ permitted shaZZ be
firmZy anchored to prevent it from fZoating away and thus
damaging other structures and threatening to restrict bridge
openings and other restricted sections of the stream.
9A-5-5
Any fiZZ placed in the fZood plain shaZZ be of a materiaZ
that wiZZ not pollute surface water or ground water.
9A-5-6
Where in the opinion of the County Engineer topographic
data, engineering, and other studies are needed to determine
the effects of flooding on a proposed structure or fiZZ
and/or effect of the structure or fiZZ
9 14 on the flow of water, the County
Engineer may require the appZicant to submit such data
or other studies prepared by competent engineers and other
technicaZ people other than what may be available at the
time of submittaZ.
9A-117-7 The granting of approvaZ of any structure or use shaZZ not
constitute a representation, guarantee, or warranty of
any kind or nature by the County of AZbemarZe or the
County Engineer or by any officer or employee thereof,
of the practicaZity ofsafety of any structure or use
proposed and shaZZ create no Ziability upon or cause
action against such pubZic body, officer, or empZoyee
Page 706
for any damage that may result pursuant thereto.
9A-6 INTERPRETATION OF FLOOD PLAIN, FLOOD FRINGE, AND FLOODWAY
For the purpose of establishing general flood plain zones,
and for detailed delineation of same, the reports of the
U. S. Corp of Engineers establishing the Intermediate
Regional (100 years) level or data from other qualified
engineers or the soiZs analysis accomplished by the Soil
Conservation District do not distinguish between fZoodway
and flood fringe, the administrator shall request that
technical evidence be submitted from the person or body
desiring to develop within the flood plain or request
the U. S. Corp of Engineers for information relative to the
area to be developed with reference to flood fringe and
fZoodway limits. The fZoodway shall be determined by
Engineering methods by qualified persons.
For the purpose of this zone, the general Flood Plain
Zone shaZZ be within the outer limits of the Intermediate
RegionaZ Flood„ established on a contour by qualified
engineering methods and pZtced upon the official Zoning
Maps. The fringe area within a flood plain is that area
between the outer limits of the flood plain and the flood -
way. The fZoodway shaZZ be the area needed to transmit and
discharge the flood water or flood flows of any river or
stream.
Earth fill may be placed in the flood fringe area for
construction purposes or structures may be elevated by
other construction methods, provided appropriate permits
are obtained as indicated in this ordinance.
9A- 7 WARNING AND DISCLAIMER OF ETAB'I'LITY
The degree of flood protection required by this zone within
this ordinance is considered reasonable for regulatory
purposes and is based on engineering and scientific
methods of study. Larger floods may occur on rare occasions.
Flood heights may be increased by man-made or natural
causes, such as bridge openings restricted by fill or debris.
This zone and ordinance do not imply that areas outside
the Flood Plain District or land uses permitted within such
districts will be free from flooding or flood damage.
This zone and ordinance shall not create liability on the
part of Albemarle County or any officer, agency or
employee thereof for any flood damage that results from
reliance on this ordinance or any administrative decision
lawfully made thereunder.
9A-8 AMENDMENTS
The designation of a flood pZain zone and any amendment
thereto shaZZ be accompZished in the prescribed method
under Article Z4 of this ordinance.
9A-9 NON -CONFORMING USES WITHIN A GENERAL FLOOD PLAIN ZONE
Page 707
See ArticZe ZO of this ordinance.
Amend ArticZe ZO-7-4 of the zoning ordinance by adding the
foZZowing sentence. "However, this provision shaZZ not apply
within the fZoodway of the GeneraZ Flood PZain Zone as may be
estabZished under the provisions of this ordinance, as it reZates
to structures for human habitation. (SingZe famiZy dwellings)
At this time, the chairman called for continuation of the
public hearing on the proposed "Subdivision Ordinance". No
one appeared to present their views and the hearing was closed.
Dr. Catlin informed the commission that legal assistance was being
obtained to review the proposed ordinance and suggested further
action be deferred until that was completed.
At this time the chairman called for discussion and comment
by the commission on the proposed city landfill on Route 29 South.
The commission is to take action on this request on October 30, 1972.
rr It was the consensus of the commission,with consideration given to
the advantages and disadvantages of both the Route 29 South site
and the Ivy landfill, that the best approach would be the temporary
use of the Ivy landfill by the City, County and University.
They decided that the City, County and University 'should investigate
immediately the use of a jointfacility. The opinion of the Commission
was that two landfills in the County were all that should be
provided.
SPECIFIC COMMENTS BY THE COMMISShON WERE:
Dr. Catlinva.s of the opinion that the use of Ivy landfill should
be temporary regardless of the condition of the access road and
existing operation; the solid waste problem should be given to
the Rivanna Service Authority for long range solutions; and that
he would hate to subject the county to another landfill operation.
Page 708
Mr. Tinsley was of the same opinion as that of Dr. Catlin.
Dr. Sams was concerned with road problems. He had noted his.own
visual investigation over the weeks since the City's request
had been heard and noted traffic problems and visual pollution
problem occuring and did not wish to spread the problem along
Route 29 South. He favored combined use of Ivy.
Mr. Rinehart favored combined use of Ivy landfill. His basic
reasoning was this being the opportunity for the City and County
to cooperate and arrive at a mutual solution to a very pressing
problem. The opportunity may be the last for further joint effort
if not done now.
Mr. Staley was of the opinion that the 29 South might endanger
the health of the people in the area bycontam.inating wells.
He felt that the elevation of the site related to the surrounding
area made well contamination highly probable.
Mrs. Craddock was concerned with the present operation of Ivy
landfill.
This concluded the agenda items. Dk. Catlin set a field trip
for October 27, 1972 at 12:15 p.m. at the Pantops Restaurant
to view a proposed "Ski Slope". This was the request of Mr. Frank
Burke.
There being no further business,the meeting was adjourned.
Respectfully submitted,
.. ............
Secretary
IR
Page 709
OCTOBER 30, 1972
A meeting was held by the Albemarle County Planning Commission
on October 30, 1972, 7:30 p.m. in the County Courthouse.
Present were Messrs Avery Catlin, Chairman; M. Clifton McClure,
Vice -Chairman; David W. Carr, Wilbur C. Tinsley, Louis C. Staley,
James Sams, William S. Roudabush, M. Jack RIKinehart, and Mrs.
Ellen B. Craddock.
The meeting was called to order by Dr. Catlin and a quorum
was established.
Dr. Catlin suggested that the agenda be rearranged so the
Commission could hear first the items that were deferred from
previous meetings.
1. SP-209. Russell M. Shiflett has petitioned the Albemarle
County Board of Supervisors to locate a permanent mobile
home on property located on Route 53, 5 miles east of
Charlottesville. Property which aDntains 5.58 acres is
zoned A-1 Agricultural and is described as County Tax Map
92, Parcel 49. Scottsville Magisterial District.
This application was deferred from October 16, 1972 meeting
due to the applicant not notifying adjacent property owners properly.
Mr. Humphrey presented the staff report to the Commission and
a letter stating opposition.
Mr. Shiflett was present to represent this application. There
was no one in opposition.
Mr. McClure questioned if Mr. Shiflett would be living in the
mobile home and how far from the road the mobile home would be
located. Mr. Shiflett informed the Commission that he would live
in the mobile home and it would be located approximately 250-300
feet from the right-of-way.
Page 710
Mrs. Craddock asked about sewer and water at which Mr. Shiflett
1444le
said he would utilize a well and septic tank.
Mr. McClure made a motion for approval subject to Health Dept.
approval and a 200 foot setback from Route 53. The motion was
seconded by Mr. Roudabush. The motion carried by a majority vote,
but it should be noted that Mr. RXinehart abstained from voting.
2. SP-211. James R. Armstrong. Applicant wishes to place a
public garage on property located on Route 715 in Esmont,
Virginia. Property which contains 0.39 of an acre and is
zoned A-1 Agricultural is described as County Tax Map 128-B,
Parcel 31. Scottsville Magisterial District.
Dr. Catlin stated that the public hearing on this application
was closed on October 16, 1972, at which time a committee was
appointed to view the site.
Mr. Ryiinehart, speaking for the committee, said they found no
commercial sites within view of this site, that it was very much of
a residential character and would not be a suitable location for a
garage. Therefore, Mr. RXinehart made a motion that the petition be
denied, such motion being seconded by Mr. Tinsley.
Mr. Carr, a member of the committee that viewed the site, said
they had learned unofficially that the applicant has other property
in that area that might be better for that use. The motion for
denial carried unanimously.
3. SP-203. City of Charlottesville. Applicant has petitioned
the Albemarle County Board of Supervisors to locate and
operate a landfill sanitary solid waste disposal facility.
The subject land is located on the west side of Route 29
South, five miles south of Interstate 64 interchange with
Route 29. Property is described as County Tax Map 88, Parcel
26B, containing 165 acres in the Samuel Miller Magisterial
District.
Dr. Catlin informed the public that the public hearing was
closed on this matter and was now before the Commission for action.
Page 711
Dr. Catlin was of the opinion that technology is changing fast
enough to make anybody hesitate as far as opening a new landfill at
A %S con «r teed
this time. He said he thought the City should utilize the Ivy
Landfill temporarily. He suggested that the Rivanna Service Authority
would be a perfect group to take care of finding a long-term solution
to the waste disposal problem.
Mr. RXinehart, being of a similar opinion, moved for denial of
the Special Permit. The motion was seconded by Mr. McClure. The
motion carried unanimously after some discussion on whether a reso-
lution should be forwarded on to the Board of -Supervisors.
After some further discussion, Mr. Carr offered a resolution,
which was added to by Mr. RXinehart and Mrs. Craddock as follows:
WHEREAS, the Albemarle County Planning Commission recommends to
the Albemarle County Board of Supervisors that they make arrangements
with the City of Charlottesville for such City to utilize the Ivy
Sanitary Landfill temporarily; and,
WHEREAS, the Albemarle County Planning Commission recommends
that the Rivanna Service Authority be made responsible for solid
waste disposal for the City and County.
Mrs. Craddock seconded the resolution which carried unanimously.
4. ZMP-249. Ski Land, Inc. has petitioned the Albemarle County
Board of Supervisors to rezone 5.0 acres from R-3 Residential
to A-1 Agricultural. Property is situated north of Route 250
east in the area of "Pantops". Property is described as
County Tax Map 78, Parcel 55A (part thereof). Rivanna
Magisterial District.
SP-222. Ski Land, Inc. has petitioned the Albemarle County
Board of Supervisors to locate a skiing course on land located
north of Route 250 east in the "Pantops Area". Property is
described as County Tax 78, Parcel 55A (part thereof).
Rivanna Magisterial District.
The staff's report was presented by Mr. Humphrey.
Mr. Robert Vandell, representing Ski Land, Inc. spoke for the
application, giving background of the Company and the proposed
facility, how its to be operated, etc.. Mr. Vandell showed the
Page 712
would be used to prevent a great amount of run off.
Mr. Curtis Thompkins, Chairman of the company that makes
"snow products", stated there had never been any problem with using
this product. He said the only problem encountered was getting the
product back from the bottom of the hill to the top again.
Mrs. Martin wanted to know if the entrance road was going to
be paved or graveled.
Dr. Catlin informed the public that questions such as this
would be taken care of by the site plan committee.
Mr. Colony agreed that rezoning this land to A-1 seemed desirable,
and asked to be shown on the map how much of the area is in the
conservation zone according to the Master Plan. Mr. Colony further
questioned why the Planning Commission should grant a rezoning
and Special Use Permit simultaneoulsy when there were so many
questions yet to be answered.
Mr. Craig of Keswick supported Mr. Colony's thoughts.
Mr. Vandell said he felt the site plan would answer most of the
questions and if the site plan did not meet with the Planning
Commission's approval, they would consider the permit denied.
Mr. Jeff Goodman,a student at the University, said that without
the UVA, Charlottesville and Albemarle would be a very shallow place
because of the lack of recreatnnal facilities.
Mrs. Miller asked if this would be a 9-month operation and what
sort of care would be given the area when they were closed down.
She also asked if the product could be blown by the wind. Mr. Vandell
replied that the pellets would not blow, they would operate from
4 to 9 months, depending upon public demand, and when slopes were
closed down, the pellets would be removed, all except bottom
Page 713
Commission a package of "poly snow" which would be utilized on the
slope, and he showed a picture of someone skiing on "poly snow".
Mr. Vandell stated that they would be able to control the speed of
the skiier by the amount of water put on the snow. He said they would
operate in four hour periods, then have a break to manicure the
hill. On weekends, 3 periods a day would be held from 9:OOa.m.
until 10:30 p.m.; weekdays, two periods, 2:00-10:30 p.m. and
some days, perhaps a special session for ladies in the mornings.
He also informed the Commission he had hired professional ski
instructors to run the business.
A gentleman in the audience questioned whether wind, heavy rain,
etc. would affect the snow particles. Also what affect would it
have on animals, if they ate it. Mr. Vandell said that the weather
would not affect the product, that the product had a tendency to
move down hill but would not be affected by weather. Also Mr.
Vandell.said the snow pellets would not harm animals if they
ate them.
Someone else asks about water drainage, which will drain west
into the Rivanna River. A question was also raised as to the
entrance road that would be utilized. Mr. Frank Burke representing
Ski Land also, stated that the entrance into Spectrum East would
be used after being widened.
Mrs. Deal asked if a study had been made to find out if the
pellets are chemically inert under exposure conditions. Mr. Vandell
said no real study had been made, but they had been tested for
two years on ski slopes.
.° The President of the League of Women Voters questioned further
the drainage. Mr. Vandell explained a couple of methods that
Page 714
layer, which is impossible to remove.
Mr. Jack Webber spoke in favor of the petition, stating that
this facility could be a very valuable resource for Albemarle
County.
Mrs. Martin was of the opinion that a commercial project, such
as this, would ruin our green hillsides.
Mr. Ned Pancoas felt that if one slope was permitted, that in
the future you would have more slopes.
Mrs. Miller Questioned the type of tow that would be utilized.
Mr. Frank Burke showed the Commission some topos and profiles,
depicting the highest elevation at 600 ft., which would only be
visible from Route 20 in a few places.
The public heating was closed at this time and the matter put
before the Commission for their action. Dr. Catlin and Mr. Rinehart
said they had viewed the site, found it very wooded, but they were
not very good trees. Dr. Catlin was of the opinion that a mistake
was made in placing this land in an R-3 zone on the original map.
Mr. McClure agreed that A-1 zoning would be more proper for
this land.
Mrs. Craddock said she was concerned about the traffic situation
and that it would be dangerous turning into this driveway with so
much traffic.Therefore, she.,1 motion to approve rezoning the property
to A-1, but to deny the Special Use Permit as it is premature at
this time.
Mr. Carr said he had misgivings about the venture but would
think this would be unfair to the owner. Mr. Carr asked if this
property was being leased or purchased, also he asked for an esti-
mated cost of the entire venture. Mr. Vandell answered by saying
the property would be leased and land development would cost
Page 715
approximately $100,000 and his own cost would be $70-75,000.
Dr. Sams directed a caution to Mr. Vandell in that small
children, when falling, might possibly inhale these snow particles.
Mr. Vandell said that he thought that any harm to people from the
pellets would already have occurred at some other installation.
There was further discussion about whether this was really a
good location for a ski slope.
Mr. Roudabush made a substitute motion that action be deferred
on ZMP-249 for two weeks, which was seconded by Dr. Sams, and
approved unanimously.
Mr. Roudabush made the same motion for SP-222, seconded by
Dr. Sams and approved unanimously.
5 . Lake Acres SubdIVi's'ibn .
This is a perliminary plat that was deferred from the October
16, 1972 meeting.
Mr. Humphrey presented the staff's report, recommending approval
subject to (1) existing road being brought up to State standards,
(2) perculation tests for septic fields being accomplished on each
individual lot, (3) feasibility of combining driveways to be deter -
minted by the County Planner and County Engineer, (4) this plat
being presented to the Board of Supervisors for the possiblity of
-hair
t-e purchasing Lots 1-9, Block C, and Lot 1-14, Block C.
Mr. Roudabush made a motion to approve the plat subject to (1)
Health Dept. approval, (2) dedication of Route 606, (3) joint
entrances for lots on Route 606 (4) that Board of Supervisors
attempt to acquire lots facing on Chris Greene Lake Road, Lots 1-9,
Lots 1-14, Block C.,(5) that road be brought up to State standards,
(6) that a study be made as to the feasibility of wells on each lot.
Page 716
The foregoing motion was seconded by Mr. Rinehart and carried
unanimously.
6. CUP-151. Albemarle Development Corporation has petitioned
the Albemarle County Board.of Supervisors to locate a trunk
sewage line to be located east of Route 29 North and south
of Route 631 (Rio Road). Said trunk will traverse the area
known as "Branchlands" via a 20 foot right-of-way. Said trunk
line is to be a 12 inch facility extending some 3,160 feet
from the property of applicant to existing manhole on property
of M. C. Miller and F. H. K. Corporation. Property involved
is described as County Tax Map 61, Parcels 129, 129A. Charlottes-
ville Magisterial District.
Mr. Roudabush asked to be excused from discussion and voting on
this application.
The staff report was presented by Mr. Humphrey.
Mr. Joe Gibson speaking for the Albemarle Development Corporation,
gave the background and reasoning for this request.
There was some discussion among the Commission as to who would
serve this facility, City or County.
Mr. Colony and Mrs. Lovelace spoke on the request. Mrs. Craddock
questioned whether more sewerage would be injected into Meadowcreek
or Berkeley Plant before they are upgraded. Mr. Gibson said it would
be at least 6 months before they could use the line and these plants
would be upgraded by then.
Mr. Colony spoke again on new water pollution control laws. He
also said that we may not get the money that we are looking for to
upgrade the sewerage plants.
At this time, the public hearing was closed and the matter put
before the Commission.
There was more discussion by the Commission, with Mrs. Craddock
expressing hesitancy in approving the application.
Mrs. Craddock made a motion to grant approval subject to the SWCB
granting their approval before the line is used and that proper
Page 717
sizing of the line be establ.ish:ed by the. County. Engineer and
Albemarle County Service Authority. The motion was seconded by
Mr. Carr and approved unanimously.
7. Flood Plain Ordinance
There was discussion among the Commission with additions and
deletions being made to the 6th draft of this ordinance.
Upon motion by Mr. Rinehart, seconded by Mr. Carr, the 6th
draft of the Flood Plain Ordinance was approved unanimously with
the following changes:
1. p. 1, 9A-1, 5th line " New structures for human habitation
in any floodway established are prohibited." should be
placed at the end of the "Statement of Intent".
2. p. 2, new article added, Article 9A-1-9. "Landing Strips
without structures".
3. p. 3, Delete 9A=3-7 and 9A-4-4.
There being no further business, the meeting was adjourned.
Page 718
NOVEMBER 6, 1972
This was a regular meeting of the Albemarle County Planning
Commission held on November 6, 1972 at 7:30 P. M. in the Library
of Burley School.
Present were Dr. Avery Catlin, Chairman; Mrs. Ellen B. Craddock,
Mr. M. Clifton McClure, Vice -Chairman; Mr. M. Jack Rinehart, Dr. Wines
Sams, Mr. Louis C. Staley, and Mr. Wilbur C. Tinsley. Also in
attendance was Mr. L. F.Wood, Jr., County Supervisor.
Mr. David W. Carr and Mr. William Roudabush were absent.
Dr. Catlin called the meeting to order and established that a
quorum was present.
The minutes of October 16 meeting were presented for approval.
Mr. Rinehart wished to correct the minutes throughout with the correct
spelling of his name to be "Rinehart" instead of Rhinehart. Mrs.
Craddock said she had two additions to make to the minutes. The first
one was under Item "B" of Site Plans, Melbourne Road. Mrs. Craddock
wished to add her comments about sidewalks and the staffs
saying that there is a sidewalk running along one side of Melbourne
Road in the site plan to the new school site. Her second addition
was under Item "A', Site Plans, Hollymead, Section II, para. 3. Mrs.
Craddock felt the information given was inadequate as to why the
site plan was reviewed by the Commission, and whether it should be or
not. As Mr. Humphrey explained, it would be to give the public an
opportunity to speak for or against the site plan, particularly those
people living near a proposed subdivision, so that they are notified
that the site plan is coming up for review.
M
Page 719
Dr. Catlin informed her that a site
plan does not have to be published and its not a public hearing, but
it had been a Planning Commission policy to permit the interested
public to speak on them. Mrs. Craddock said she thought Mr.Carr's
comments were to the effect that he felt that where the site plan
had already been reviewed by the Site Plan Committee that there was
little need for Mr. Humphrey to go into detail when the site plan
was presented to the Commission, just say this is the site plan for
so and so and it had been approved or has not been approved by the
Site Plan Committee and certainly we would be welcoming comments
from the public or from the Commission.
Mrs. Craddock said she thought it would be good to bring out
in the notes that Mr. Humphrey made a point to say that he would
like to continue bringing the site plans before us whether or not
there was a problem with them.
Dr. Catlin said that the site plans have to come before the
Commission. Mrs. Craddock, being aware of that, said Mr. Carr was
wondering whether our role was necessary in site plan review since
we have professionals.
Dr. Catlin suggested that Mrs. Craddock reword that particular
section as she would like, give it to Mr. Humphrey and have it dis-
tributed to the Commission. Therefore, action was deferred on the
minutes until such time as Mrs. Craddock's comments are presented.
At this time, the public hearings were called for by Dr. Catlin.
1. ZMP-247. George Benoit has petitioned the Board of Super-
visors to rezone 10.0 acres from A-1 Agricultural to M-1
Manufacturing. Property is situated on Route 649 just east
of the Charlottesville -Albemarle Airport. Property is
described as County Tax Map 32, Parcel 17 (part thereof).
Rivanna Magisterial District.
Page 720
The staff report was presented by Mr. Humphrey. He also
presented a plat for their information.
Mr.Benoit was present to speak for his application. He
showed drawings to the Commission depicting the buildings, drive-
ways, and landscaping, etc. for his gardening operation. He stated
that they would be using only about four of the ten acres initially
so that the service road could be extended out, if things worked out
over the next several years. They would extend the service road back
and put up another building and have a gift shop and possibly an
auditorium that would seat 75-100 people where you could have guest
lecturers coming in and you could provide service for the garden clubs
where they needed meeting halls. In order to be in operation by the
end Of March, the zoning change is of utmost importance to them at
this time. Mr. Benoit said Ivy Construction Co. had been employeid
and would start as soon as permission was granted.
A lady from the audience asked if there was no other zoning under
which this could be permitted. She was informed by Dr. Catlin that
there was not, that this was the way it was set up under the Zoning
Ordinance.
Mrs. Craddock asked if there would be any bulk fertilizer hauled
in large trucks from the site. Mr. Benoit informed her it would be
all bagged in quantities of 25 or 50 lbs.
At this time the public hearing was closed and the matter placed
before the Commission.
Mr. Rinehart made a motion for approval, seconded by Mr.Staley.
Mrs. Craddock, noting that the property is in a sub -watershed con-
tributing to the North Fork of the Rivanna, asked Mr. Humphrey if
this fact would be a deterent in building over this 10 acres of
land. Mr. Humphrey said he could foresee no problem. That under
Page 721
site plan control too, consideration would be given to establishing
a permanent silt basin in that area. He said it did not drain directly
into Chris Greene Reservoir but is in a sub -drainage shed of the
Rivanna River.
The motion for approval carried unanimously.
2. ZMP-248. Carleton Wood and Joyce R. Wood have petitioned
the Board of Supervisors to rezone 77.0 acres from A-1
Agricultural to RS-1 Residential. Property is situated
in the Earlysville area on Route 663. Property is described
as County Tax Map 19, Parcel 20. Rivanna Magisterial District.
The staff report was presented by Mr. Humphrey. Mrs. Wood spoke
on behalf of her application, stating that there was a need in Earlysville
for residential development.
Mr. Jim Craig spoke in favor of the application. He said he felt
it was close enough to Earlysville to be considered part of the Cluster
even though the staff report stated that the northern extremity of the
Henry Brown property should be the dividing line.
Mr. M. S. Matthews, property owner across the road, said he objected
to the density of the proposed subdivision. He informed the Commission
that the road became very narrow near this property.
Mr. Robin Lee, a resident of the area, said he was bothered by the
fact that this zoning could make a 3-mile long village. Mr. Lee was of
the opinion that this would not be in keeping with the Master Plan, that
to permit this development would mean more sprawling suburbs and not a
village.
Mrs. Martin pointed out that by denying the request, the Commission
would not be prohibiting residential use and that the applicant could still
build under the A-1 zone.
Mr. Ned Faus, who plans to build a house near this area, said he
thought this would be outside the Earlysville Cluster.
Page .722
Mrs. Wood spoke again for her application stating that a
shopping center was proposed near this property and that the
demand for housing was growing everyday. She also said it would
be more beneficial for the County to have a lot of small lots as
they could collect more tax money.
At this time the public hearing was closed.
Dr. Sams was of the opinion that this request was premature,
and that at the present time it would be best to allow it to con-
tinue as A-1 rather than consider it for rezoning. Therefore, Dr.
Sams moved that the request be recommended for denial. Mr. Tinsley
seconded the motion and it carried unanimously.
3. SP-212. Charles Moon has petitioned for a Special Permit
w to locate a permanent mobile home on 2.78 acres of land in
an A-1 zone situated on Route 620 in the Scottsville area.
Property is described as County Tax Map 104, Parcel 14 (10).
Scottsville Magisterial District.
The staff presented their report.
Mr. Moon was present. He said there was a 50 foot right-of-way
from Route 620 going to his property. Also, that Mr. Roseberry, of
the Health Department had checked the property for septic tank and
given verbal approval. Mr. Moon informed the Commission that the
property belonged to his in-laws.
Mr. Rinehart asked if there were any big trees on this lot. Mr.
Moon informed him that there were some large trees and some of them
would be topped.
Dr. Catlin asked where the mobile home would be located. Mr.
Moon said about 115 feet from the right-of-way and he informed Mr.
McClure that he would be living in the mobile home.
At this time the public hearing was closed.
Page 723
Mr. McClure made a motion for approval subject to Health Dept.
approval and a 30 foot setback from the ROW, which was seconded by
Mr. Tinsley.
Mr. Rinehart asked Mr. Humphrey if he thought screening would
be necessary. Mr. Humphrey, in turn, asked Mary Joy White, who field
inspected the site, if she thought screening would be necessary. Mary
Joy was of the opinion that screening would be unnecessary but that
Mr. Moon could be asked not to cut anymore trees than would be nec-
essary to locate his mobile home.
Mrs. Craddock asked Mr. Moon if he was planning to leave as much
foliage as possible for his own protection and his neighbors. He informed
her that he would.
Dr. Sams asked if the motion for approval subject to Health Dept.
approval meant for a septic tank system. Dr. Catlin said it did. The
motion for approval carried unanimously.
4. SP-213. Evalyn A. Brown has petitioned the Board of Super-
visors to locate a permanent mobile home on 2.0 acres of
land in an A-1 Agricultural zone situated on Route 708 near
Carters Bridge. Property is described as County Tax Map
101, Parcel 23. Scottsville Magisterial District.
The staff report was presented. Mrs. Brown was present and showed the
Commission on a nap where the 2 acres would be taken out of the larger
tract of land belonging to her uncle. Mrs. Brown said the Health
Department had already inspected the property and said it was fine. She
said the mobile home would not be seen by anyone.
Mr. L. F. Wood asked if her uncle would still have some road
frontage left for the rest of his land. Mrs. Brown said he still had
frontage on Route 631. Dr. Catlin stated that this would cut off all
access to Route 708 for him.
The public hearing was closed.
Page 724
Dr. Sams asked Mary Joy if she visited the site. She said she
had and that it was very thickly wooded. Also that if the mobile home
were located where Mrs. Brown indicated, it would not be visible to others.
Mr. Wood said that since it was such a large tract of land, that
he thought a 50 foot right-of-way should be designated for Mrs. Brown's
uncle to utilize. Mr. McClure was of the opinion that it would not come
under the Commission's control.
There was some further commenting on this with Mary Joy saying that
the plat had already been recorded.
Upon motion by Mr. Rinehart, seconded by Mr. McClure, the request
was approved subject to a 100 foot setback from Route 708 and Health
Department approval. The motion carried unanimously.
5• SP-214. Dr. Charles Hurt has petitioned for a Special Permit
to locate a travel -trailer sales and service facility on land
located on east side of Route 20, just north of its intersection
with Route 250 East and zoned B-1 Business. Property is described
as County Tax Map 78, Parcel 5C and 5D. Rivanna Magisterial
District.
Mr. Humphrey presented the staff report and stated the site plan
for this Special Permit was approved at the last Commission meeting.
Mr. Frank Burke, representing Dr. Hurt, presented drawings to the
Commission, showing floor plans for sales and service areas. He said
this would be a service center for about 5 or 6 different types travel
homes, that there would be 4 employees in sales and 3 in service. Also
that they would have a septic tank as soon as existing house is taken off
and that road plans have been submitted to the Highway Dept.
Mr. Lee Wynn, an adjacent property owner, stated that a lot of this
work has been done prior to approval. He said his backyard is adjacent
to this property and a body shop has already been built down the road
which Mr. Humphrey said did not require any permit at all. He did not
understand why you had to get a permit like this for travel trailer sales
Page 725
when you could open up a junkyard in somebody's backyard without a
permit.
Mr. Humphrey informed Mr. Wynn that prior to the Board's
instructions for notifying adjacent property owners as a matter of
policy, the site plan for the garage came before the Commission as a
site plan and was approved. Thereafter, the Board decided the Planning
Staff should notify adjacent property owners regarding all matters such
as this.
Dr. Sams made a motion for approval subject to the same conditions
that were attached to the site plan, namely:
(1) Subject to removal of existing house from the proposed septic
system before hookup to this facility.
(2) According to site plan and information contained therein dated
October 3, 1972 prepared by M. Cox which is a part of this
application.
The motion was seconded by Mr. McClure and approved unanimously.
6. SP-215. Roger Morris has petitioned the Board of Supervisors to
locate a permanent mobile home on 2.0 acres of land zoned A-1
Agricultural and located on the west side of Route 621, 4 miles
east of Route 20 north. Property is described as County Tax Map
63, Parcel 54 (27) (part thereof). Rivanna Magisterial District.
The staff's report was presented. Mr. Morris was present. Dr.
Catlin asked Mr. Morris if he planned to live in the mobile home. He
informed the Commission that he would be living in it. Mrs. Craddock
asked what screening he had planned. Mr. Morris said he would leave
the trees around it and that no one could see it.
Mr. Humphrey informed the Commission that his office had received
a telephone call from Mrs. Phillips, stating opposition. He passed
the message around for the Commission to read.
Mr. Tinsley asked what the rest of the land would be used for.
Mrs. Lizzie Sprouse, owner of the remainder of the land from which the
Page 726
2.071 acres was taken, said she lived on the land and planned to stay
there.
There was a short discussion with Mr. Morris explaining Mrs.
Phillips reasoning for objecting to the locating of the mobile home.
That being that he had decided not to buy the property she had offered
him to locate his mobile home.
Mr. Rinehart made a motion for approval subject to Health Dept.
approval. The motion was seconded by Dr. Sams and carried unanimously.
7. SP-217. MED-PARK, LTD has petitioned the Board of Super-
visors to locate a mobile home sales and service facility
on land zoned B-1 Business containing 37.75 acres and situated
in the northeast quadrant of the intersection of Route 250
and I-64 with frontage on a service road. Property is
described as County Tax Map 78, Parcel 53. Rivanna Magisterial
District.
The staff report was presented.
Mr. Huffman, representing the applicant said the frontage road
to this property was taken by I-64 and they built an access road into
the property. He also said there would be a minimum of construction and
all grading would be done in front of the trees.
Mrs. Graves asked whether a Special Use Permit goes with the owner
or the piece of land. Dr. Catlin informed her it went with the person.
Mr. Huffman, the representative, asked whether this permit would
have to be renewed. Dr. Catlin said it would depend upon the Commission.
Mr. David Turner, owner of the property, informed the Commission
that he did not propose to make this a long --term thing. He would not
be opposed to a stipulation that the operation cease in one or two years.
The value of the property increased from $50,000 to $400,000 when I-64
went through and he would like to have someone help carry the tax burden.
Page 727
Mrs. Martin said the applicant had established that this would
be very beneficial for him, but she raised the question, would it be
good for the County?
The public hearing was closed.
Mr. Tinsley felt that the Commission should visit the site before
passing judgement.
Mr. Rinehart made a motion to defer action until a committee
visits the site and reports back to the Commission on November 13.
Mr. Turner asked that in the event this committee objects to
the specific location, could they look atother sites on this tract of
land. He said he would like to meet the interest of the entire community.
The motion for deferral was seconded by Mr. Tinsley and approved
unanimously.
A committee was established, consisting of Mrs. Craddock, Dr. Catlin,
Mr. Rinehart and Mr. Staley to,view the site at 4:30, Tuesday, Nov. 7, 1972.
Mrs. Craddock suggested that Mr. Turner be there also.
8. SP-219. John and Katherine Hudson have petitioned the
Board of Supervisors to locate a permanent mobile home
on 25.61 acres of land zoned A-1 Agricultural and situated
west of Route 729, north of Route 53 in the Milton Airport
Area. Said property is located on a private access ease-
ment. Property is described as County Tax Map 93, Parcel 15.
Rivanna Magisterial District.
Mr. Humphrey presented the staffs report and said his office
had received several phone calls and letters in opposition to this
request.
Mr. Gary Kirksey, developer of Milton Hills Subdivision, spoke
in opposition to the request. Mr. Kirksey elaborated on this subdivision
as to the cost of homes, the large lot size and the deed restrictions.
He further said that eventually they would be developing lots right
beside the mobile home and that is why he would be opposed to it.
Page 728
Mr. Tom Haden, speaking in opposition agreed with Mr. Kirksey.
The public hearing was closed at this time.
Mr. Rinehart asked the Chair if it would be fair to give the applicant a
temporary mobile home permit until the rest of Milton Hills is developed.
Dr. Catlin said he had the same thoughts but would like to defer action
until the property owner can come to the meeting.
Mrs. Craddock asked if there was a temporary mobile home there already.
She was informed that there was, under an emergency permit.
Mrs. Craddock made a motion to defer action until November /3 so Mr.
Hudson can come to the meeting and give more details. The motion was seconded
by Mr. Tinsley and carried unanimously. Dr. Catlin asked Mr. Humphrey to notify
all adjacent property owners again, by regular mail.
OLD BUSINESS
Renewal of Site Plan conditions -"Better Living"
Modular Home display house.
Mr. Humphrey informed the Commission that two years ago they had approved
a site plan on Route 29 for this display house conditioned on being renewed in
two years. Now Mr. Nunnally was back before the Commission requesting indefinite
permission to locate here. Mr. Nunnally still does not wish to have sewer and water
hookups.
Dr. Catlin said that as he remembered this was just a temporary holding measure
to give him some use for that land until he put it to a better use.
Dr. Sams asked if Mr. Humphrey said that Mr. Nunnally would accept a two or
four year period which Mr. Humphrey said he was sure Mr. Nunnally would.
Mrs. Craddock asked if there were anything the Commission could do about
requesting screening for that house.
Mr. Rinehart thought this to be an awkward use of land, and also thought that
if the Commission reminded him every year, he might find a better use for the
property.
Page 729
Mrs. Craddock thought some stipulation should be made regarding screening
re or landscaping.
Dr. Catlin was of the opinion that if this was to be a permanent use, then
should be landscaped.
Mr. McClure made a motion to grant a one-year extension to be renewable each
year thereafter. The motion was seconded by Mr. Tinsley and approved unanimously.
This concluded the items on the docket for this meeting.
Mrs. Craddock said that maybe this would be a good time to discuss with the
Commission sonething she had in mind. She said she was really concerned about the
large areas of land around Charlottesville that are being paved over and wondered
if we have any control over areas being graveled instead of paved so there will be
some absorption not only from water but from oil that accumlates on these paved
surfaces all around Charlottesville and then run-off into our streams and then our
rivers. This is a big problem now in these highly developed counties north of us
and maybe the Commission should grab hold of it before it gets to be a serious
problem here. Now, Mrs. Craddock asked if the Commission could do anything about
this. Mr. Humphrey said that under site plan review you can either require paved
or gravel or whatever you wish to use.
Dr. Catlin asked if there were any way to get a dust --free surface that will
absorb water. Mr. Humphrey said that gravel was the closest you could get to it,
then use salt compound, then you get involved with salt run off.
Mrs. Martin said she was also concerned with this problem and had been asking
people questions about it and had talked to Mr. Evans and he said with large parking
lots when you do have this oil dripping problem that washes alot that the standard
practice is to construct a sediment basin which will collect this oil. It is so
dirty by the time it washes off that it will sink actually if you provide a proper
sediment basin after the runoff leaves the parking lot. It is County done and it is
r
Page 730
considered economically feasible. Mrs. Martin was of the opinion that we should
do something now before the problem really gets bad.
Mrs. Craddock asked Mrs. Martin if she was talking about run off from a paved
parking lot. Mrs. Martin said yes, that Mr. Evans said you could design a parking
lot so that it would run into a sediment basin which will collect almost all of this.
Dr. Catlin suggested that Mr. Humphrey have Mr. Bailey check on this. Also
Mr. Humphrey said he would look at some other ordinances about this. Dr. Catlin
said he would like to know how effective it is and how much it costs.
Mrs. Craddock said the first place she noticed it was in Crozet at a trucking
site, the oil is seeping into a small stream and going down through a farm and the
farmer can't feed his cattle anymore ia that stream.
Dr. Catlin said also that he would like to ask about what type of a surface
that would be economical and satisfactory that would absorb water.
Mrs. Martin informed the Commission that Mr. Evans had said the amount of
paving was very excessive and he has had students study sites on Route 29 N. where
the paving could be reduced 25% and still have exactly same amount of parking and
facility areas if they would just allow some place for the water to be absorbed and she
thinks perhaps that this is something a site plan committee should be instructed to
do as a standard thing is to check that the minimum amount of the area is actually
paved.
Mr. Humphrey commented that there was a problem in doing this on Route 29N.
because the land is broken up into such small parcels there is no room for a basin
or water to be absorbed. Mr. Humphrey was advised by the Chairman to contact Mr.
Bailey about the foregoing information and to get together some information from
ordinances of other counties pertaining to this.
The meeting was adjourned at this time.
Secretary
Page 731
November 13, 1972
This was a regular meeting of the Albemarle County Planning
Commission held on November 13, 1972 at 7:30 p.m. in the County
Courthouse.
Present were Messrs. Avery Catlin, Chairman; David W. Carr,
Wilbur C. Tinsley, Louis C. Staley, James Sams, William S.
Roudabush, M. Jack Rinehart, and Mrs. Ellen B. Craddock
Mr. M. Clifton McClure, Vice -Chairman was absent.
The Chairman called the meeting to order and established that
a quorum was present. At this time, he called for the first public
hearing.
1. SP-219. John and Katherine Hudson have petitioned the Board
of Supervisors to locate a permanent mobile home on 25.61 acres
of land zoned A-1 Agricultural and situated west of Route 729,
north of Route 53 in the Milton Airport Area. Said property
is located on a private access easement. Property is described
as County Tax Map 93, Parcel 15, Rivanna Magisterial District.
Mr. Humphrey made a brief presentation to the Commission on this
application. Dr. Catlin stated that this request was deferred from
November 6, 1972 meeting because the applicants were not available
at the meeting, and there was some question as to the permanency of
the mobile home.
Mr. and Mrs. Hudson were present to speak for their application.
Mrs. Hudson said that since they were both over 65, she felt the
mobile home would be better for them to live in instead of trying to
build a new house to replace the house that collapsed. She stated they
would intend to live permanently in the mobile home.
Mr. Roudabush inquired as to whether the Hudson's owned the 25.61
acres where the mobile home is presently located under an emergency
permit. He was informed that they did own the property.
Mr. Staley said he had a question as to whether the mobile home
M
Page 732
was visible to the people that were in opposition.Mrs. Hudson
replied that the trailer was located in the middle of woods, that
their nearest neighbor was a half mile away, therefore no one could
see the mobile home and they could not see anybody's home. Mrs. Hudson
further informed the Commission that when they bought the property, they
put up a temporary "shack" in which to live until they could build a
home, but the house never got build.
Mr. Rinehart asked if she could see the back porch of Mr.
Kirksey's house. Mrs. Hudson said again they could not see anyone.
Dr. Sams asked if a septic tank had been installed. Mrs. Hudson
replied they did not have one yet, but planned to put one in soon.
An adjacent property owner spoke in favor of the request,
stating that lie had no objection to the mobile home.
Mr. Rinehart asked how long the Hudson's had owned this
property. He was informed they had owned the property around 15 or
16 years.
Mr. Tinsley wanted to know, if the permit were granted, and
the Hudson's moved or sold the property, what happens to the permit. Dr.
Catlin said the permit goes with the person, therefore no one else could
locate on that property without another permit.
Mr. Rinehart wondered if there might be some way to approve the
request for a period of time and have it reapproved again. Dr. Catlin
said it could be approved this way subject to administrative approval
which means it would not come back before the Commimi.on.
At this time the public hmring was closed.
Dr. Catlin reviewed with the Commission the thoughts brought
out at the previous meeting. He stated that there was opposition
from Milton Heights Subdivision. Dr. Catlin was of the opinion that
Page 733
Mr. Rinehart's suggestion of approving the application for a period
of time subject to administrative approval would be a good way
of solving this problem.
Dr. Sams said he thought that was the thinking of the developer
of Milton Heights, that he was worried about the long-term effects
of the mobile home, but would not object to it being located there
temporarily.
Mrs. Hudson asked what the objection was that people have to a
mobile home being located in the middle of 25 acres of land. Dr.
Catlin said, unfortunately, mobile homes seem to create a certain
reaction from the public and anytime a mobile home request comes
before the Commission, there is usually a reaction from the public.
Mr. Tinsley wanted to know what would happen if the Commission
granted a 2-year permit, at the end of which time they still needed
the home, and there was a lot of opposition, what wouldthe Commission
do then.
Mr. Rinehart said the more that Milton H"g is developes, the
morethat Mr. Hudson's property will be worth and the better chance
he will have of taking the mobile home elsewhere, but the main
thing is, that for some time to come this area may not be fully
developed and he can enjoy his property on a temporary basis. Therefore
Mr. Rinehart made a motion that the permit be granted for two years
with administrative renewal from year to year thereafter and subject
to Health Department approval for septic tank. The motion was
seconded by Dr. Sams and approved unanimously.
2. SP-217. MED-Park, LTD has petitioned the Board of Supervisors
to locate a mobile home sales and service facility on land
zoned B-1 Business containing 37.75 acres and situated in
the northeast quadrant of the intersection of Route 250 and
I-64 with frontage on a service road. Property is described
as County Tax Map 78, Parcel 53. Rivanna Magisterial District.
Page 734
Mr. Humphrey reiterated what he had said at the
November 6 meeting when action was deferred on this application
until such time as a committee could view the site.
Mrs. Craddock, a member of the committee that viewed the site,
said she would be in opposition to locating this facility in the
area that Mr. David Turner had requested. She agreed with the staff
that in view of the abundance of vacant business land around the
county, which is excessive in view of the fact that there are
four trailer sales companies already established in Charlottesville
and in view of the fact that this spot is not compatible for trailer
sales, she would like to see the application denied.
Mr. Rinehart, another committee member, designated on a map the
area that Mr. Turner wished to locate his facility. He also desig-
nated an alternative location for the Commission to consider,
which would be less visible. Mr. Rinehart showed a third
possibility which was an area to be carved out of a hill. Mrs.
Craddock commented that if the third possibility were permitted,
the owners would cut a road in from the east, and visibility
to Route 250 would be opened up again.
Dr. Catlin brought out that there would be some excavation
done, that the sales area would be cut down 20 or 30 feet so it
would be level with Route 250, but Mr. Aubrey Huffman, correcting
Dr. Catlin, said this would be something for the future and not
now.
Dr. Catlin also stated that he did not know whether this was
good planning, to place a trailer sales operation up
against an office facility or something that's being developed
as an office facility. He said he would encourage the office
building development in this particular area. Dr. Catlin said his
Page 735
concern was that once you move in with a low -investment operation
like this, you change the character of the landthen it will be more
difficult to come back later and make it a high-class office complex.
Mrs. Craddock agreed with Dr. Catlin, particularly in view of
the top quality subdivision backing up to this property. She also
said that it seems that they are in a position as planners to direct
the planning of 250 East in a proper way and it seems to her.that
this sales request is not compatible with that property.
Mrs. Craddock made a motion, that due to the incompatibility
of this request, it be denied. The motion was seconded by Mr.
Tinsley.
There was a short discussion, brought on by Mr. Rinehart's
hesitancy in denying the request. It was egreed though, by the
Commission that offices would be much more compatible in this area.
The motion for denial was approved by a majority vote, with Mr.
Carr abstaining, since he was not present for the public hearing
held on November 6, 1972.
PLATS
A. WALNUT LEVEL - request for 2 restricted roads.
The plats were presented by the staff. One plat was a request
for a new restricted road to serve 2.47 acres, known as Parcel C in
Walnut Level, near Whitehall. The other plat is to extend an
existing 50 foot restricted road through Parcel A into Parcel B
containing 3.46 acres. This plat was approved in 1971 for the
restricted road to go into Parcel A. Mr. Humphrey explained that
this was an area being developed for a rehabilitation center for
mentally ill. The reason plats are being presented is to acquire
financing. The owner is a non-profit organization called Innisfree.
page 736
Dr. Sams said the reason they would be building houses
instead of one large institution, is so that these mentally
retarded people can live more like a fAmily.
Mr. Carr commented that if this project was successful on
200 acres of land, that we would end up with 300 miles of restricted
roads. He felt they needed a master plan.
Mr. Humphrey emphasized that theseplats were just where the
heads of the facility would live.
Mr. Carr was of the opinion that the Commission would be ill-
advised to approve these plats until they know what this organization
might ask for next.
After a further short discussion, Mr. Rinehart made a motion
that action be tabled on these plate, seconded by Mrs. Craddock
and approved unanimously. Mr. Morris Foster and a contractor
for Innisfree were to be notified by Mr. Humphrey of the
Commission's decision.
This concluded the items on the agenda.
At this time, Mr. Humphrey presented to the Commission,
corrections to minutes of October 16, 1972. He read the corrections
from the Minute Book.
After Mr. Humphrey read the correction under "Hollymead" about
the presentation of site plans, Mr. Carr said it seemed to him that
in that report Mr. Humphrey should state that that particular site
plan has been reviewed and approved by the Site Plan Committee and
the exceptions, conditions and probl&ms noted by that professional
group, as opposed to relating to the Commission that SCS, Health and
Highway Departments, etc. have approved it, but just report
that the Committee has approved it. Mr. Humphrey told the Commission
Page 737
that it had been arranged so that site plans would come before
them on the second meeting and that the agenda would carry site
plan information.
These revised minutes were approved as Mr. Humphrey read them.
Mr. Humphrey said that Ski Land, Inc. application was to come
back for action tonight,as it was deferred contingent upon a
detailed site plan, which he said had not been received.
After a short discussion, Dr. Catlin said no action could be
taken, since their site plan had not been submitted.
NEW BUSINESS
Dr. Catlin said he had two items to bring before the Commission.
(1) Mobile Homes - He has been concerned with two points. One,
that he is convinced that mobile homes offer a very good solution
at this time to housing in rural areas of the County. On the other
hand, he knows the reaction of the public when a mobile home is
located near a subdivision and he knows how an existing mobile home
can change the value of a subdivision. So Dr. Catlin thinks that
a time limit should be imposed on mobile home permits. Dr. Catlin
said when the Commission issues a permit, it is in effect for the
life time of the applicant which could be 50 years. He said the
Commission could have no idea whether in 50 years time the mobile
home would still be suitable to that location. After doing some
research, he discovered that there is nominal depreciation of a
mobile home in 8 to 10 years. He therefore, presented to the
Commission the possiblity of issuing a temporary mobile home permit,
for a period of time, like 8-10 years instead of a permanent mobile
home permit. This period of time would fully allow the applicant
to recover the investment he had made in his mobile home, yet would
give the Board of Supervisors a chance to look at that piece of land
Page 738
again.
Mr. Rinehart commented on the construction, stating that
a mobile home would not take much abuse and would probably be
somewhat difficult to repair.
Mrs. Craddock said she knew that some of the neighboring
counties were establishing policies such as this. She said Louisa
County issues temporary permits and only allows permanent mobile
homes in established parks.
Mr. Staley was of the opinion that mobile homes should be
located in areas designated by the County.
Mr. Carr said Florida only permitted mobile homes in parks
or subdivisions and he would like to see the same in Albemarle
County.
Mr. Roudabush was of the opinion that mobile homes should
be taken out of the A-1 zoning category as 90% of the County
is made up of agricultural land.
Mr. Carr felt that Dr. Catin's approach was excellent and that
5 years would be sufficient for a temporary permit.
Dr. Catlin asked Mr. Humphrey if there would have to be a
change made in the Zoning Ordinance in order to make this legal.
It was ascertained that this could just be a recommendation of the
Planning Commission.
Dr. Sams felt that there may be some merit to adopting a formal
Mobile Home Ordinance to take care of long range plans, whereas
Dr. Catlin's suggestion, would be a.good temporary measure. The
Mobile Home Ordinance could include such things as: placement,
length of time, anchoring,winds, higher standards of construction
etc.. One report that Dr. Sams heard was that there were five
times as many fires in mobile homes as in other homes.
Page 739
Dr. Catlin said this would be opening up for a building code.
Mr. Humphrey informed the Commission that Albemarle would get the
uniform state building code by September, 1974.
There was further discussion by the Commission on the needs of
certain people to have a mobile home. Dr. Catlin said he felt the
need was very great, especially if you visited some of the older
colored settlements in the County and saw the type of housing
people lived in.
Dr. Catlin therefore suggested that Mr. Humphrey place this
matter on the agenda for the latter part of this month as "Statement
of Policy on Time Limits for Mobile Home Special Permits", at
which time it is hoped, the Commission can mach a decision on
this matter.
(2) Dr. Catlin informed the Commission that very soon they
would start reviewing the Zoning Ordihance and to go along with
that would be the zoning map. He was concerned that if they have
continuing changes in zoning during this period when they are trying
to make a new zoning map, it will be difficult to act on the zoning
map if at the same time they are hearing new zoning changes. He
therefore, put before the Commission, for their consideration, the
concept of a temporary moratorium during this period of working on
the zoning map.
Dr. Sams agreed that there was merit for such, but was worried
about the length of time of the moratorium. He felt that a target
date should be established before declaring a moratorium.
Mr. Carr asked the time schedule. Mr. Humphrey said perhaps
they could take action on the subdivision ordinance this month, then
go right into the Zoning Ordinance and Map.
Page 740
Dr. Catlin said that making the assumption they will finish
the Subdivision Ordinance in November, do very little in
December, and start on the Zoning Ordinance January 1, they
could finish the Zoning Ordinance by April 1, 1973.
Mr. Roudabush asked if it would be reasonable to assume that
once the text of the ordinance was in ship-shape, they could take
some time to get the map adopted, not accepting zoning changes while
working on the map. He felt that aperiod longer than 30 days might
be unjust to some people.
Dr. Catlin agreed with the principal but saidhe would like to
work on the map and the ordinance at the same time. Mr. Humphrey
said that to save time he could go ahead and submit the zoning
ordinance m someone else for review so that they would be at least
have the basic structure to read. load
Mr. Carr said he would agree with Mr. Roudabush, that when
they reached that point in time that there were several different
business zones, then he would agree to a short moratorium which he
hoped would not last over 30 days.
Mrs. Craddock was of the opinion that a 90-day moratorium
would be more sensible.
Dr. Sams expressed his agreement with Mr. Roudabush, in'that
the decision on the moratorium should be made at the time the body of
the ordinance is completed.
Mr. Humphrey, in answer to Mrs. Craddock, said he had always
worked under a moratorium before, two for six monthb and one for 90
days.
Dr. Catlin said he was worried that if we don't have a
moratorium, the Commission may still be working with the ordinance
Page 741
until next September.
At this time, Dr. Catlin asked the Commissioners to take time
to think about this and he asked Mr. Humphrey to place it on
a workshop agenda for the very near future.
There being no further business, the meeting was adjourned.
Secretary
M
Page 742
November 27, 1972
WORK SESSION
This was a special work shop session of the Albemarle
County Planning Commission held at 7:30 p.m. in the Board of
Supervisors Meeting Room. Present were Dr. Avery Catlin,Chairman;
Clifton McClure, Vice Chairman; and Messrs. Louis Staley, David
Carr William Roudabush, Wilbur Tinsley, and Mrs. Ellen Craddock$
and fir. Jack Rinehart.
Absent: Dr. James Sams.
Also attending were Mr. Gerald Fisher, Supervisor ; Mr.
Herbert Pickford,County Attorney; and Messrs. Fred Payne and
Gary Nuckols, and Miss Mary Joy White.
The meeting was called to order by the Chairman and a quorum
was established.
The Commission stated that they would like for the meeting
place to be listed on every agenda.
Mr. Herbert Pickford introduced Fred Payne and Gary Nuckols
to the Commission.
There was a lengthy discussion on plenty of authority for
declaration of additional land along abutting streets and bonding
for all improvements. This discussion was to be m ntinued on
November 30, 1972 at another special work shop session.
There being no further business the meeting was adjourned.
Secretary
0
Page 743
November 30, 1972
WORK SESSION
This was a special work shop session called to complete
work on the proposed subdivision ordinance. Present were DR. Avery
Catlin, Chairman; Clifton McClure, Vice -Chairman; and Messrs.
David Carr, Wilbur Tinsley, Louis Staley, and Jack Rinehart.
Also attending were Mr. Lloyd Wood, Jr., County Supervisor,
Mr. Ged Fisher, County Supervisor, Mr. Herbert Pickford,
County Attorney and Mr. Payne, a law student from the University
of Virginia.
Absent: Dr. James Sams, Mr. William Roudabush, and Mrs.
Ellen Craddock.
This was a continuation of the Monday night, November 27, 1972
workshop on
the
same subject. Beginning with
Section 3 of
the
r.✓
ordinance,
the
Planning Commission reviewed
the ordinance
with the
legal assistance of Messrs. Pickford and Payne. It was decided
that Mr. Payne could possibly put the ordinance in good order
by December llth Planning Commission meeting and the Planning
Commission could possibly approve the ordinance on December 18, 1972.
The next item on the agenda was a discussion of mobile home
policy. Dr. Catlin suggested a time limit on permanent mobile homes
and after some discussion the staff was requested to draw up an
amendment to that effect, basing the time limit on the length of a
bank loan for a mobile home. Mr. Wood stated that the time limit
should be at least 5-10 years because no one could afford to buy
a home for 2 or 3 years.
The proposed zoning ordinance moratorium was also discussed.
DR. Catlin stated that such a moratorium was not legal, however,
Page 744
the Planning Commission could give priority to the zoning ordinance
over regular matters for a period of time. Dr. Catlin hoped that
the staff could arrange this, so that the ordinance could be
concentrated on for a period of say, 45 days after the beginning
of the year.
There being no further business the meeting was adjourned.
Secretary
9
Page 745
December 4, 1972
A meeting was held by the Albemarle County Planning Commission
on December 4, 1972 at 7:30 p.m. in Jackson P. Burley School.
Present were Messrs. Avery Catlin, Chairman; M. Clifton Mc Clure,
Vice -Chairman; David W. Carr, Wilbur C. Tinsley, Louis C. Staley, James Sams,
William S. Roudabush, Jr., M. Jack Rinehart, Jr., and Mrs. Ellen B. Craddock.
Mr. Lloyd Wood arrived later in the meeting. (about 10:45 p.m.)
The meeting was called to order by the Chairman and a quorum was
established.
The minutes of Planning Commission meetings held on October 23, 30
and November 6 were before the Commission for approval.
Mrs. Craddock suggested that Mr. Humphrey's secretary be requested
to number the pages of the minutes. Then under October 23 minutes, she made
the following corrections:
Page 700 4th line, to read: "properties with which the committee was
concerned."
Page 702 next to last line, take out "in small".
Page 705 line 4, 9A-5-6 "and/or effect of the structure or fill" was duplicated,
take one out.
Page 705 line 5, 9A-5-7, should read "of the practicality or safety of any
structure or use."
Mr. Rinehart wished to add on Page 700, 1st line, the word "aPproximately"
before "12 feet from the right-of-way of Route 631".
The minutes of October 23, 1972 were approved as corrected.
Mrs. Craddock made the following corrections to minutes of October 30,
1972.
Page 711 , Line 3, should read "this time is concerned."
Pam , 2nd paragraph should read: "Mr. Vandell said that he thought
Page 746
that any harm to people from the pellets would already have occurred at some
other installation".
Page 715 2nd paragraph under Lake Acres Subdivision, line 7, change "them"
to"their".
The minutes of October 30 were approved as corrected.
The following correction was made by Dr. Catlin on November 6 minutes.
Page 718, 5th paragraph, line 6, should read: "wished to add her comments about
sidewalks and the staff replied".
Corrections by Mrs. Craddock: Page 718 and 719, last sentence starting
on Page 718 should be taken out completely.
Dr. Catlin also stated that page 719 was rather confusing to him. Since
the page had to do with comments given by Mrs. Craddock, it was suggested that she
get with Mr. Humphrey and reword this section. Therefore, the minutes of November 6
were deferred until such time as page 719 is rewritten.
Dr. Catlin now moved to petitions that had been deferred from previous
meetings.
1. ZMP-249. Ski Land, INc. has petitioned the Albemarle County Board
Of Supervisors to rezone 5.0 acres from R-3 Residential to A-1 Agricultural.
Property is situated north of Route 250 east in the area of "Panbops".
Property is described as County Tax Map 78, Parcel 55A (part thereof).
Rivanna Magisterial District.
2. SP-222. Ski Land, Inc. has petitioned the Albemarle County Board of
Supervisors to locate a skiing course on land located north of Route 250
east in the "Pantops Area". Property is described as County Tax Map 78,
Parcel 55A (part thereof). Rivanna Magisterial District.
Dr. Catlin gave a short presentation of why the zoning map petition
was deferred. He also said that Ski Land had some additional information if the
Commission desired to hear it.
Mr. Frank Burke, representing Ski Land, said that the site plan
before the Commission tonight was just to show them what the area would look
like and not for approval of the site plan.
Page 747
Miss Mary Joy White, Senior Planner, said that the County Engineer
would need more details on drainage and she listed some conditions that should
go along with the approval of the Special Permit, such as (1) no planticides
to be used and (2) $1000 escrow fund, in case the venture fails, it can be
reforested.
Mrs. Craddock informed the Commission that the hillside in question, had
already been stripped of foliage. She asked if a debris basin had been made at
the time the hill was stripped, since there would have been a lot of run-off.
Mr. Frank Burke said they had graded the hill within the limits of the
Soil Erosion Ordinance, which permits 15,000 sq. ft. of area to be graded
without a permit.
Mr. Carr thought there should be a time limit set on the escrow fund,
so the money would not be there forever. He also did not think $1,000 would
be enough.
Mrs. Craddock expressed concern over having a ski slope with plastic
on it and a large paved parking lot on a hillside, which could cause considerable
run-off. Also she said the traffic flow on Route 250 was too heavy to permit
cars to turn safely onto the road leading to the ski slope.
areas.
Mr. Tinsley asked what effect lighting would have on the surrounding
DR. Catlin said he thought, if the Commission desired to restrict lighting
and hours of operation, it should be a condition attached to the Special Permit.
Mr. Rinehart was of the opinion that this particular use in this area
was an excellent one.
Dr. Catlin pointed out that this parking lot they will have, would be
much smaller than if they built apartments on the hill. He felt the Site Plan
Committee should be urged to pay close attention to the drainage when reviewing
the site plan for this facility.
Page 748
Mr. Mc Clure made a motion, seconded by Mr. Carr to approve ZMP-249.
The motion carried by an 8-1 vote with Mrs. Craddock voting no. ,
Mr. McClure also made a motion to approve SP-222 subject to an
escrow fund being established in the amount of $2,000 and that the applicant
be allowed to apply for a release from the escrow at the end of two years.
The following motion was seconded by Mr. Carr.
DR. Catlin suggested that they might wish to restrict the lighting
and hours of operation at this time.
Mr. McClure said there were only two houses in the area that could
see the site at all. He felt if there were restrictions placed on lighting,
it should be no earlier than midnight.
Mrs. Craddock said that the rest of the land was zoned R-3, therefore,
there may be many houses later, and this could be a nuisance to them.
After further discussion, Mr. Roudabush added to Mr. McClure's motion
that there should be no operation of the slope nor lighting of the slope
after midnight.
The motion carried by an 8-1 vote with Mrs. Craddock voting no.
3. INNISFREE - RESTRICTED ROADS. Walnut Level
Mr. Morris Foster, surveyor and Mr. Schwab gave the Commission an
explanation of the request for a restricted road. They showed a plan for the
project for about 8-10 years stating that approximately 100 adult handicapped
people would be taken care of here.
There was further discussion among members about approving this
road and any other restricted roads in Innisfree to be restricted to the use
of Innisfree Village.
Mr. Carr was of the opinion that each lot in this village should consist
of two acres. ,
Mr. Roudabush made a motion, seconded by Mr. Rinehart, that the
Page 749
plat be approved subject to (1) increase of lot size to allow for two acres
plus the right of way, which extends throught the lot (2) the Planning Department
should have on file a layout of the village as it looks presently (3)use of the
lots served by the restricted roads limited to those parcels that have been
approved and are now being approved, Lots A, B, & C. The motion carried
unanimously.
3. SP-217. MED-Park, LTD. has petitioned the Board of Supervisors
to locate a mobile home sales and service facility on land zoned B-1
Business containing 37.75 acres and situated in the northeast quadrant
of the intersection of Route 250 and I-64 with frontage on a service
road. Property is described as County Tax Map 78, Parcel 53. Rivanna
Magisterial District.
Dr. Catlin informed the Commission that they had recommended denial
of this application in November, but the Board of Supervisors had sent it back
to be acted on again. The Planning Commission committee that viewed the subject
property could not find a suitable location for the facility.
Miss White said the Board had discussed another site on the property.
Mr. Robert Boyle, attorney, representing MED-Park, showed the area to
the Commission, that the Supervisors had chosen. This area is considerably
lower than the others and is not as visible as the other sites.
DR. Catlin was of the opinion that the Commission had given careful
consideration to this matter and that all possible sites had been viewed on the
property.
Therefore, Mrs. Craddock made a motion to send the Special Permit back
to the Board with the same recommendation of denial. The motion was seconded by
Mr. Tinsley.
Dr. Sams asked if the Commission had a clear idea of why the Board of
Supervisors sent this petition back to them. Mr. Boyle said it was to see if
there would be further input from the public, objecting to the facility. Letters
were sent again to all property owners that would be affected, but it was not
advertised again.
Page 750
Mr. Lloyd, property owner in Glenorchy, spoke in opposition to the granting
of the Special Permit.
The motion for d en ialwas approved unanimously.
At this time, Dr. Catlin called for the public hearings on the agenda.
A. ZMP-250. The Citizens Corporation has requested the Board of Supervisors
to rezone 2.01 acres from A-1 Agricultural to B-1 Business. Property
is situated in the southwest quadrant of Route 649 (Airport Road) and
Route 29 North. Property has frontage on Route 649. Charlottesville
Magisterial District.
The staff's report was presented by Miss White.
Mr. Alvin Clements, President of Citizens Bank and Trust Company., spoke
on behalf of the petition. Mr. Clements said they desired the rezoning so they
could have more orderly planning and could avoid strip development.
Mr. Carr asked if the 50 foot right-of-way would be adequate. He was
informed that it would and that it would probably come up under site plan review.
The public hearing was closed and after a short discussion, Mr. Carr
made a motion, seconded by Dr. Sams, to approve the rezoning. The motion
carried unanimously.
B. ZM.P-252. George Cason has petitioned the Board of Supervisors
to rezone 1.02 acres from R-3 Residential to B-1 Business. Property
is situated on Route 631 in the southwest quadrant of the interchange
of I-64 and Route 631. Property is described as County Tax Map 76,
Parcel 54A and 54B. Scottsville Magisterial District.
The staff's report was presented by Miss White. She also stated
that these two small parcels were overlooked when Mr. Cason's other property
was rezoned in this location.
Mrs. Craddock questioned whether Mr. Cason was the owner of these parcels.
It was ascertained that he was contract purchaser.
Mr. R9Y M. Chisholm, Mr. F. Page Norvell, and Mr. & Mrs. Kenneth Wade,
homeowners in the area, wished to see the exact parcels on the map. After viewing
the map, they determined that this rezoning would not be detrimental to
their homes or property.
Pgge 751
At°this time the public hearing was closed. Dr. Sams made a motion
for approval, which was seconded by Mr. Rinehart. The motion carried unanimously.
C. zMP-253. Long Construction Company to rezone 2.227 acres from B-1
Business to M-2 Manufacturing. Property is situated on Rio Road,
across from its intersection with Greenbriar Drive. Property is des-
cribed as County Tax Map 61, Parcel 146D. Rivanna Magisterial District.
Miss White presented the staff's report, stating that the existing shop
is a non -conforming use.
Mr. Ray Long, owner of the shop, said he wished to legalize this operation
that has been going on for 9 years and add a welding shop to it. Mr. Pleasants
and Mr. Keyser, tenants in the shop, were also present.
Mrs. Margaret Clark, speaking in opposition, said it would not be proper
to spot zone in this area that is fast becoming residential.
Mr. Elliott Clark was of the opinion that Rio Road was one of the last
entrances into Charlottesville that still had some rural character, therefore,
he was against such rezoning.
Mr. Maine, a resident of Chapel Hills, across the street from the
subject property, objected to the M-2 zoning being placed so near a residential
area. Mr. T. D. Rivers, resident on Greenbriar Drive expressed opposition.
Mr. John Lowe, attorney representing Mr. and Mrs. Roepcke, said the
Roepcke home was only about 125 to 150 feet from Mr. Long's property line.
Mr. Lowe presented a plat showing that the new shop and warehouse would be
approximately 250 feet from the backdoor of a single-family dwelling in a
residential area. He further said that since the Roepcke's lived here,
the activity in Mr. Long's shop has increased, including the noise. Mr. Lowe
pointed out, that if the property were rezoned to M-2, the entire tract of
land could be turned into one large steel fabricating area. Further, he
added that there would be heavy trucking going on in the area.
14%, Mr. Roepcke stated that the type of welding going on in the shop
now was greater than what they were.doing three years ago when he purchased
Page 752
his home. He elaborated on the type of activity that he could see from
his house.
Messrs. John SToffer, Mawyer, John R. Wood and Mrs. Fowler expressed
opposition tothe request also, saying they concurred with comments already made.
The public hearing was closed.
Mrs. Craddock proposed that a committee be appointed to view the site.
Dr. Sams said he would be inclined to vote against such a venture and
doubted if his opinion would change even if he saw the property.
After a short discussion, Mr. McClure made a motion, seconded by Dr.
Sams to deny ZMP-253. The motion carried by an 8-1 vote with Mr. Staley
abstaining.
D. ZMP-254. I. J. Breeden, to rezone one acre from A-1 Agricultural
to B-1 Business. Property is situated in the Southwood Mobile Home
Park on Hickory Street. Property is described as County Tax Map 90A,
Parcel 1. Scottsville Magisterial District.
Miss
White presented the
staff's
report
stating that
this convenience
store that
the applicant desired
under
4000 sq.
ft. could be
obtained under
a Special Permit in an R-3 zone. [The staff report incorrectly represented this
area as an R.-3 zone and the Planning Commission proceeded on this basis.]
Mr. Minor was present to represent Mr. Breeden. Mr. Minor explained
that the existing buildIng was being utilized as a laundromat and storage
area, but that Mr. Breeden wished to convert it to a small convenience grocery
store for the residents of Southwood Mobile Home Park.
After the public hearing was closed, Mr. McClure asked to be excused
from discussion and voting due to possible conflict.
Mr. Carr had questions regarding parking area. It was ascertained,
according to Aubrey Huffman, that there were approximately 50 parking spaces
in a paved lot. Mr. Carr said he would move for approvaltf a Special Permit,
but Dr. Catlin commented it would not be proper since only the rezoning
application was before them.
Page 753
Therefore, Mr. Carr made a motion to deny ZMP-254, which was seconded
by Mrs. Craddock and carried by an 8-1 vote with Mr. McClure abstaining. Mr.
Minor was asked to convey the results to Mr. Breeden so that he could apply
for a Special Permit.
E. SP-218. Clifford Jackman has petitioned the Board of Supervisors
to locate a campground on land situated on east side of Route 29 South
near the Albemarle -Nelson County line. Property is described as County
Tax Map 117, Parcel 5 (part thereof) - containing 20 acres. Scottsville
Magisterial District.
The staff's report was presented by Miss White. She stated the Planning
staff did not have a site plan, only a sketch that Mr. Jackman had presented to
them.
Mr. Jackman was present. He said he planned to do all the work himself
and would try to give them a better sketch.
Dr. Catlin said he thought that in order for the Planner to give recommenda-
tions, they would have to have more information such as where the septic tank
will be located, the effects on Cove Creek, the kind of�camp sites, the degress
and ingress of traffic. Mr. Jackman did not know exactly how to get this sort
of information, so Dr. Catlin asked Miss White to get help for him from the
Planning Office.
Mr. Carr asked if this would be a privately owned operation or if it
would be identified with other campgrounds. Mr. Jackman said it was privately
owned. Mrs. Craddock wanted to know if there would be a time limit set on
campers. Mr. Jackman said there would be mostly overnight campers, but a limit
of two weeks would probably be set.
Mr. Roy Petty, a nearby property owner of 190 acres saidthe entire
site would be visible from his house. He also said Dr. Strider, adjacent
property owner, was in opposition to this proposal. Mr. Petty said he would
like to know what kind of building are proposed and in general, he would
like to know more about Mr. Jackman's operation.
Page 754
After the public hearing was closed, Mr. Roudabush made a motion
to defer SP-218 for no more than 30 days. The motion was seconded by
Mr. Carr. Mr. Carr suggested though that the public hearing he left open
until such time as additional information is available. Dr. Catlin agreed
this would be best and suggested that Mr. Jackman get together wtih the
Planning staff to find out what other material he needed.
Mr. Petty asked that he and Dr. Strider be notified of the date
of the public hearing. Miss;White was asked by Dr. Catlin to have all adjacent
property owners plus Dr. Strider and Mr. Petty notified of such public hearing.
The motion for deferral carried unanimously.
F. SP-223. Peter Sargent, has petitioned the Board of Supervisors
to locate a two family (duplex) dwelling on land containing 57 acres
and situated on Route 250 East approximately 0.6 of a mile west of
Route 616. Property is described as County Tax Map 94, Parcel 8A,
Rivanna Magisterial District.
Miss White presented the staff report, stating that a buildng permit
had been issued incorrectly. It was later discovered and Mr. Sargent was
asked to apply for a Special Permit.
Mrs. Robert L. Hearns, an adjoining property owner, was very confused
about the whole thing, thinking that a stable was being built on her property.
Mr. Barrick, attorney, and Mr. Sargent were present to speak for the
application. Mr. Sargent said that the stable was 30' x 60' and was being
converted into two rental apartments.
The puhlic hearing was closed and Mr. Roudabush made a motion, seconded
by Dr. Sams to approve SP-223, subject to Health Department approval.
Mrs. Craddock questioned whether their approval of this application might
not set a precedent for approving other duplexes in this area.
Mr. Tinsley was concerned about the driveway, should the Sargent's decide
to sell that particular property. The motion for approval was carried
unanimously.
Page 755
G. SP-226. Floyd R. Haney to locate a permanent mobile home on 3
acres of land zoned A-1 Agricultural. Property is situated on the
east side of Route 808 south of 250 east. Property is described as
County Tax Map 94, Parcel 8B (Part thereof) and Parcel 12A (part
thereof). Rivanna Magisterial District.
Miss White presented the staff report.
Mr. Haney was present and showed the Commissioners where the mobile
home would be located on the property. He also indicated that he would
build a home within five years.
Dr. CatB_n asked Mr. Haney if it would be a hardship on him if a permit
was issued for five years. Mr. Haney replied that 5 years would be satisfactory
for him.
The public hearing was closed and Mr. Tinsley made a motion to approve
SP-226 subject to the permit being granted for a 5-year period, Health Dept.
approval for septic tank system and 30 foot setback from ROW. The foregoing
motion was seconded by Mr. Roudabush.
Mrs. Craddock asked Mr. Haney if he planned to leave the natural
screening along the road. Mr. Haney replied that he would. The motion carried
unanimously.
H. SP-227. R. O. and Victoria H. Burton. Applicant has requested the
Board of Supervisors of Albemarle County to permit the location of a
central septic system at Deerwood Subdivision. The drain fields for
this system will be located on property described as Map 32C, Parcel B,
south of Deerwood Subdivision, with the pump and related sludge storage
facility being located on property described as Map 32C, Lot 8, Block 4,
Section 2. This septic system when completed will serve 10 residences.
This property is located off of Route 649, behind and adjacent to Lupine
Lane. Charlottesville Magisterial District.
There was no staff report, but there were representatives from the
Health Department to speak for the application.
Mr. Cheavacci, of the Health Department, explained to the Commission
that they had already started installing the sytem, since they did not know
a permit was needed. He stated that this system would serve ten residences.
Mrs. Burton informed the Commission that she would be responsible for
Page 756
the system until such time as public sewer would become available.
Mr. Carr was concerned about how the system would be maintained
if Mrs. Burton were no longer available.
Mrs. Burton also informed the Commission that each lot owner
would be granted an easement to his drainfield to go with his lot until
public sewer is made available.
Dr. Catlin was of the opinion that a Public Service Corporation should
be set up to take care of the sewer instead of it being an individual respon-
siblity.
There was discussion on how to resolve the problem by letting the
owners of the ten lots share the cost of maintaining the sewer system.
Mr. Carr felt that funds should be posted to be sure that the system
is taken care of properly.
Mr. McClure said there should be
an agreement between the
lot ,owners
and Mrs. Burton that they share the cost
and that this agreement
be approved
by the County Attorney and put to record.
Therefore, Mr. Roudabush made a motion to approve SP-227 subject to
the creation of an easement satisfactory to the Health Department and Planning
Department for the location of drainfields and join maintenance agreement to be
reviewed by the County Planner and sent to the County Attorney. The motion
was seconded by Mr. Mc Clure and carried by unanimous vote.
SITE PLAN
1. NATIONAL GUARD ARMORY. ROUTE 742 near I-64
Miss White presented the site plan stating that the site Plan Committee
had reviewed the plan. She noted that the acceleration and deceleration lanes
had been corrected and that Mr. Anderson of SCS had made some remarks about pipe
clay.
Mr. Carr asked if a ROW was left between the two complexes located
there. It was ascertained that there was a 60 ft. ROW.
Page 757
Mr. John Allen, representing National Guard Armory, said there
would be no problem with the pipe clay, that the building would be of
relatively light construction.
Mr. Humphrey suggested to Mr. Allen that he get with the SCS to be
sure there would be no problems later as regards the foundation of the structure.
Upon motion by Dr. Sams, seconded by Mr. McClure, the site plan was
approved unanimously.
PLATS
1. CHARLES SWINGLER - restricted road.
Plat showing Lots 1, and 2 of the Charles Swingler property shown as
as Parcel 106, Tax Map 128.
Mr. Aubrey Huffman, representing the plat, stated the restricted road
would serve only Lot 2, containing 2 acres.
Mr. Roudabush made a motion for approval, seconded by Dr. Sams. The
motion carried unanimously.
2. MILTON HILLS - revision
Mr. Roudabush excused himself from discussion and voting on this plat.
Mr. Humphrey presented the preliminary plat that the Commission had
approved many months ago. At that time, it was suggested that all the roads
be put into the State Secondary System. The plat was back before the Commission
requesting that several retricted streets be permitted,off the main road
into the property which would still be state maintained.
Mr. Gary Kirksey, developer of Milton Hills Subdivisbn, said
the reason they wanted to change the road is because it presently looks like
Main Street and they would like to preserve the rural look.
Mr. Roudabush also spoke for the plat.
n.
Dr. Catlin was concerned about who would maintain the roads and what
would be done regarding drainage. There was also discussion on the type of
surface the road might have. Dr. Catlin said he had never anticipated a restricted
Page 758
road serving 40 lots.
Mr. Roudabush was of the opinion that the State would not accept
these roads even if they were brought up to State standards.
Dr. Sams said he would be opposed to approving this many restricted
roads for this purpose.
Mr. Rinehart was concerned that State road standards would kill the
image of the rural subdivision.
Mrs. Craddock asked whether a Home Owners Assoc. might be set
up to maintain the streets. It was ascertained that this would be imperative.
Mr. Kirksey said the alternative to restricted roads would be private
entrances.
It was agreed by the Commission that this was a new concept in sub-
divisions and possibly a good idea for rural areas.
Mr. Rinehart made a motion to defer action until December 18, so that
the Commission would have time to think about this before making a decision.
The motion was seconded by Mr. Carr and carried unanimously.
3. J. R. WINGFIELD - restricted road.
Mr. Steven Helvin, contract purchaser, wished to have a 30 foot restricted
road approved leading from Route 676 into subject property.
It was ascertained that Mr. Helvin intended to build a house on the property.
Mr. Helvin said also that any further use of the ROW would have to come back to
the Commission at which time they could ask for it to be a 50 ft. ROW.
Dr. Catlin was of the opinion that it had always been the Planning Commission'
policy to ask for a 50 ft. ROW whenever possible and there was no apparent hardship
case here to warrant a 30 ft. ROW. Mr. Carr concurred with the Chairman.
Upon motion by Mr. Rinehart, seconded by Dr. Sams, the plat was approved
subject to a 50 ft. ROW being shown. The motion carried unanimously. 41
There being no further business, the meeting was adjourned.
Secretary
Page 759
December 11, 1972
WORK SESSION
This was a special work session of the Albemarle County
Planning Commission held at 7:30 p.m. Present were Dr. Avery
Catlin, Chairman; Clifton McClure, Vice -Chairman; Messrs. Jack
Rinehart, David Carr, William Roudabush, Wilbur Tinsley, and
Mrs. Ellen Craddock. Absent were: Dr. James Sams and Mr. Louis
Staley. Also in attendance were: Mr. Herbert A. Pickford, Mr.
Lloyd Wood, and Miss Mary Joy White; and two representatives from
the University of Virginia Law School: Mr. Fred Payne and Mr.
Gary Nuckols.
There was a discussion of whether the new subdivision ordinance
would be considered "a new subdivision ordinancd'', or whether it
would be an "re-inactment of present subdivision ordinance".
It was agreed that there would be an "re-inactment of present
ordinance".
a. SP-2Z3 I. J. Breeden has petitioned the Board of Supervisors
to pZace a convenience food store (Grocery Store) on Zand
containing 0.9 acres in the "Southwood MobiZe Home Park"
on which a buiZding exists. Property is described as County
Tax Map 90A, Parcel Z (part thereof). ScottsviZZe Magis-
teriaZ District.
This was brought before the Commission again because the staff
report incorrectly represented this area as an R-3 zone and the
Commission proceeded
Planning on this basis. However, the Commission reiterated their
denial of zoning to B-1 but indicated their preference of a Special
Permit approach to the desires of the landowners.
There being no further business, the meeting was adjourned.
Secretary
9
Page 760
December 18, 1972
09
This was a regular meeting of the Albemarle County Planning
Commission held on December 18, 1972 at 7:30 p.m. in Jackson P.
Burley School Library.
Present were Messrs. Avery Catlin, Chairman; M. Clifton
McClure, Vice -Chairman; David W. Carr, Wilbur C. Tinsley, Louis
C. Staley, and Dr. James Sams. Mr. M. Jack Rinehart came in later
during the meeting. Also in attendance were Mr. Herbert Pickford
County Attorney and Mr. J. Harvey Bailey, County Engineer.
Mrs. Ellen B.Craddock and Mr. William S. Roudabush were absent.
The meeting was called to order and a quorum established.
The first item on the agenda, amendment to the Zoning Ordinance,
Article 11-11, was postponed, even though it had been advertised.
SITE PLANS
1. George Benoit - Nursery and Greenhouse
Mr. Humphrey presented the site plan to the Commission, stating
that this property had been the subject of a recent rezoning. He
also said the plan had been reviewed by the Site Plan Committee,
at which time the Highway Department suggested changes to the
entrance.
Mr. Charles Ancona presented the revised site plan, showing the
improvements suggested by the Highway Department.
Mr. Humphrey stated the conditions recommended for approval
of the site plan as follows: (1) subject to the revision made as
suggested by Highway Department., (2) Health Department approval
of septic system , (3) Service Authority agreement for water,
and (4) relocation of service drive and a security fence being
installed to prohibit freeway use of the service drive.
Page 761
Upon motion by Mr. Carr, seconded by Dr. Sams, the site
plan, was approved unanimously, subject to the above conditions.
2. Sherwood Manor Townhouses - Phase 2
Mr. Humphrey presented the site plan, stating that this would
be an addition to an existing facility, located on Route 631 near
I-64 interchange. The Site Plan Committee had reviewed said plan.
The townhouses will be served by City utilities.
Dr. Sams made a motion for approval which was seconded by
Mr. Tinsley and carried unanimously.
3. Ski Land, Inc.- located on Route 250 East near Pantops Mtn.
It was noted that the Board of Supervisors had deferred action
on the Special Permit for the ski slope, but wished the Planning
Commission to go ahead and make recommendations on the site plan.
Mr. Humphrey informed the Commission that the site plan
had been reviewed by the Site Plan Committee, but that he had
not yet received comments from Mr. Anderson, SCS. He listed the
following conditions -that should be placed on.the site plan:
(1) acceleration lane on Route 250 East, (2) Health Department
approval for septic tank sytem, (3) indicate complete extension
of 100 foot easement traversing the property as it relates to this
activity, (4) the area not to be covered by poly snow which will
be disturbed shall be fertilized, seeded and mulched as soon as
finished grading and after placement of poly snow, (5) snow fence
to be placed around the periphery of the slope, (6) during all
phases of grading an earthen berm is to be placed around the
periphery of all disturbed areas at the end of each day. This
includes the construction of the access road, (7) a permanent
debris basin or catch basin is to be installed at the end of the
Page 762
down slope with berms forming a channel to the debris basins
(or a similar system approved by the Area Conservationist to the
Thomas Jefferson Soil & Water Conservation District. This basin
to be installed before any grading is to take place in the ski
slope area., and (8) compliance with the plan and profiles and
general site plan dated December 7, 1972, December 4, 1972, and
November 14, 1972, prepared by B. Aubrey Huffman & Assoc.
which are a part of the Special Permit application.
Mr. Humphrey said that Mr. Bailey, County Engineer, had
reviewed the drainage and it was Mr. Bailey's opinion that all the
pipes that relate to this facility are adequate.
Mrs. Frances Martin was concerned with the drainage problem
this facility might create.
Mr. Tinsley questioned the type of road construction they would
have going into the facility.
Mr. Carr was of the opinionthat this site plan should also
be approved subject to the Board of Supervisors approving the
Special Permit. Therefore, Mr. Carr made a motion to approve the
site plan subject to the eight conditnns listed above and the
Special Permit being approved by the Board of Supervisors. The
mition was seconded by Mr. McClure and carried unanimously.
4. Westgate Apartments - Phase 2.
Mr. Humphrey presented the site plan stating that it had been
reviewed by the Site Plan Committee. He said,too, that there was
some concern by adjacent property owners regarding drainage.
Mrs Blair, representing her step -father, Dr. Oscar Swineford,
said that Dr. Swineford owned property across the road from this
project. She also presented to the Commission, a letter stating
Page 763
their objections to the proposed site plan. She requested that
a greater setback from Georgetown Road, be imposed on the site
plan and that a better drainage system be imposed in order to
prevent further increased run-off from flowing across the road
onto Dr. Swineford's property.
Mr. Humphrey informed the Commission that the 1968 Highway
Development Plan called for a 60 ft. right-of-way on Georgetown
Road and if 70 feet were required, it would take 21 parking spaces
from Westgate Apts. Mr. Charles Rotgin, representing Westgate, assured
the Commission that he had plenty of land and extra parking spaces to
replace the ones that might be taken.
Mr. Rotgin said he was aware of Mrs. Blair's problem with
storm run-off, but the volume of water they are talking about would
not cause any big problems. He further stated he would not do
anything arbitrarily to cause more water to flow on Dr. Swineford's
property.
Miss Nash, attorney, representing Mr. and Mrs. Mowinkle,
said her clients were satisfied with the site plan.
Dr. Sams pointed out that Mrs. Blair had specified an area for
the water flow that would be more acceptable to them.So Mr. Huffman,
the engineer, said that area could be utilized, it would just be a
matter of where the pipes were constructed. Mr. Huffman suggested
that he, Mr. Bailey and Mr. Warner, Resident Highway Engineer
could get together and work out the drainage problem to everyone's
satisfaction.
Mrs. Martin told the Commission that during the construction
of Phase I, Westgate, that mud had washed into the ditches and she
felt something should be done to prevent that from happening again.
Page 764
Dr. Catlin informed her that this would come under the grading plans.
Mr. McClure made a motion to approve the site plan subject
to (1) drainage problem being worked out by Mr. Warner, Mr. Bailey
and Mr. Huffman to the satisfaction of Mr. Rotgin and Mrs. Blair,
(2) screening, and (3) approval of soil erosion plan by Mr. Anderson,
SCS. The motion was seconded by Mr. Tinsley and carried unanimously.
5. Woodbrook Shopping Village - Phase 2
The site plan was presented by Mr. Humphrey. He informed the
Commission that the plan had been reviewed by the Site Plan Committee
and recommendation for approval was subject to (1) water agreement
with Service Authority, (2) sewer connections, (3) grading plan
being approved by Mr. Anderson, SCS. It was also suggested that some
screening be required where the commercial property abutts residential
property and perhaps a fence.
` Mr. John Topper, the nearest property owner to the development,
voiced his opinion about screening, stating that screening should be
mandatory. He was also concerned about the trash that might collect
behind the store and the fact that a dumpster would be visible to his
house.
Mr. Claude Cotton said he had planned to screen the area. Mr
Brown, architect, also stated there would be screening.
Dr. Catlin was of the opinion that a fence would not be neces-
sary since the bank would not be very steep.
Mr. Rinehart asked if they had given thought to screening the
trash areas. Mr. Cotton said that stockades would be built around the
dumpsters. Mr. Carr was of the opinion that if Mr. Cotton would write
in the lease that the manager of the store was to put the trash in
the dumpster, it would protect the adjacent property owners more than
any tree he could plant for screening. Mr. Carr was also concerned
Page 765
where the trees (screening) would be placed. He felt they should
be planted the entire length of the commercial property.
Mr. Rinehart made a motion for approval subject to (1)
Service Authority agreement for water, (2) recommendations of SCS
(3) drainage plan refinement and approval and (4) screening along
the back of the property. Mr. Tinsley seconded the motion and it
carried unanimously.
OLD BUSINESS
At this time, Mr. Humphrey presented the proposed Subdivision
Ordinance for possible action by the Commissioners.
Mr. Rinehart questioned whether, on page 2, Article 1-21, a
Landscape Architect should not be a licensed person. He was informed
by Mr. Humphrey and Dr. Catlin, that there is no license at this
time that a landscape architect can acquire.
Mr. Gary Nuckols, a law student working with Mr. Herbert
Pickford, County Attorney, on this ordinance, informed the Commission
of the changes made at their last workshop on:.the ordinance. They
were as follows:
p. 4,
Art.
1-39
p. 6,
Art.
1-54 and 1-56
p.12,
Art.
3-20
p.18,
Art.
7-9E
p.22,
Art.
8-5C
A motion for approval was made by Mr. Carr and seconded by
Mr. Rinehart. The motion carried unanimously by those members present.
Dr. Sams proposed that either the Chairman of the Board of
Supervisors or Planning Commission Chairman write the law students
who helopd develop this ordinance and thank them for their efforts.
Dr. Catlin said he would do this.
Their being no further business, the meeting was adjourned.
Secretary