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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