Loading...
HomeMy WebLinkAbout1969Paae 175 JANUARY 6, 1969 The Albemarle County Planning Commission met on January 6, 1969 at 7:30 P.M. in the Board Room of the County Office Building, Charlottesville, Virginia. Present were: Avery Catlin, Chairman; T. M. Batchelor, David Carr, Henry Page, William Perkins, William Trevillain and Lloyd Wood. Absent were: Savory Amato, Dr. Richard Marks and Cecil Mauoin. The secretary established that a quorum was present. The minutes were unanimously approved as submitted. A. Plats Approved Administratively: 1, Thomas D. Blue, C.L.S.: a. Plat showing a 0,763 acre portion of the Miller School Property located on the north side of State Route 689 near Batesville, Albemarle County, Virginia. Unanimously approved. B. Public Hearings: 1. ZMP-035. H. H. Tiffany to rezone 7.5 acres from Agricultural A-1 to Residential R-1 to develop less than two acre lots. Located in the Greenwood area with 350 feet of frontage on State Route 691. The staff presented his report after which Mr. H. H. Tiffany presented his case for the rezoning of the subject property. It was noted after Mr. Tiffany's presentation that no opposition was present. After a general discussion, Mr. Trevillian made the following motion seconded by Mr. Carr which was unanimously approved that ZMP-035 be approved. 2. ZMP-033. Carolyn D. Arbogast to rezone 4.93 acres from Residential R-2 to Residential R-3 to develop apartments. Located on Rio Road near Charlottesville and Albemarle limits and having approximately 155 feet of frontage on Rio Road. The staff presented his report after which the applicant's representative , Mr. Schwabb, presented Page 176 Mrs. Arbogast's case for the rezoning._ After -the -presentation by Mr. Schwabb, Henry Gordon, representing property owners in the area spoke in opposition. In addition, the following people who are residents in the area spoke in opposition: Mr. Harry Pond, Mr. Don Johnuare, Mr. Norman Graebner, Mr. Charles Meadows, Dr. T. W. Heironimus, Mr. Grover W. Forloines, and Mr. Edward Barker. Mr. Henry Gordon also presented a petition signed by 92 property owners in the area in opposition. After a general discussion the Planning Commission concluded the public hearing on ZMP-033 and deferred action until their meeting of January 13, 1969 so that a committee of the Commission could review the site and report back.at the next regular meeting. 3. CU-62. Carroll W. Eppard to locate a mobile home on 4.82 acres on State Route 729, south of State Route 53. Assessment Map 105, Parcel 1. (Part thereof). Unanimously approved as submitted. 4. CU-63. Ronald G. Vanderveer to locate a mobile home on 144.32 acres near Whitehall, on State Route 680. Assessment Map 41, Parcel 20. Unanimously approved as submitted. 5. CU-65. John M. Johnson to locate mobile home on 21 acres, approximately one mile from State Route 250 on State Route 689. Assessment Map 71, Parcel 12. Unanimously approved as submitted. C. New Business: The Chairman called for a discussion on the possi- bility of setting up all public hearings for the first meeting each month setting aside the second meeting for other planning matters. It was the consensus of the Commission that this be adopted as policy commencing with the first meeting in February. In addition, discussion by the Commission was also held on where the Commission meetings should be held in view of the large crowds that are attendinq the public hearings in particular. After a general discussion, it was Page 177 the consensus of the Commi'ssi on that th-e f i,rs,•t meetTnq each_ month, during which all public hearings will be held, be conducted in the County Court Room. There being no further business, the meeting was adjourned. ecretary Page 178 JANUARY 13, 1969 The Albemarle County Planning Commission met on January 13, 1969 at 7:30 P.M. in the Board Room of the County Office Building, Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; William Perkins, William Trevillian and Lloyd Wood, Savory Amato, Dr. Richard Marks and Cecil Maupin. Absent were: Henry Page and T. M. Batchelor. The minutes were unanimously approved as submitted. A. Plats Approved Administratively: 1. Plat of Parcel "A", 2.01 Ac., Parcel "B", 4.05 Ac. and Parcel "C", 0.55 Ac. A division of a 6.581 acre tract, 1.25 miles west of Ivy Virginia for Russell Craft. Approved as submitted. 2. Plat showing lot of land in Scottsville District of Albemarle County, fronting on the east side of St. Rt. 721 for John L. Snead. Approved as submitted. 3. Plat showing Parcel A, being the northeast portion of a 37.87 acre tract of land west of Crozet for Roy D. Bradley. Approved as submitted. The Chairman at this time opened the meeting to consider action on ZMP-033, Mrs. Carolyn Arbogast. It was noted by the Chairman that the public hearing had been concluded and it was before the Commission at this time for action. Said public hearing had been concluded on January 6, 1969. Mr. Perkins presented a report of the committee. It was setup at the January 6, 1969 meeting to investigate the site in question. He reported that the committee had arrived at a decision after visiting the site. The committee felt that a compromise could be made providing R-3 zoning on the first 730 feet which fronts on Rio Road and that the Page 179 i remainder possibly be zoned R-1 Residential. 'Mr. Perkins further stated that the suggestion of the committee had been presented to the developers of the property and the adjacent property owners for their consideration. j � It was found that unanimity on this suggestion could not be obtained. Therefore, the committee recommends to the Commission.that ZMP-033 be denied -in keeping with the staff report. Mr. Perkins in giving the committee report and recommendations for denial, also made a motion to deny ZMP-033. It was seconded by Judge Amato and unanimously approved by those members present. At this time the Chairman suggested that the agenda be rearranged to consider ZMP-021 and ZMP-034 in view of the large amount of people in attendance regarding these cases. It was the consensus of the Commission that this be done. 6. Public Hearings; 1. ZMP-021, Mildred Macon and Lyttleton Yates. Jo rezone 133.63 acres from Agricultural A-1. to Manufacturing M-2; located between State Routes 689, 688 and 684. Samuel Miller District.. 2. ZMP-034. Stanley L. and Virginia G. Patterson.. - To rezone 64.4 acres from Agricultural A-1 to Manufacturing M"2, located on State Route 684 having 700 feet .of frontage on subject road. Samuel MIller District. The secretary located the property involved in the a two zoning cases and presented the staff report. After which Mr. Edward Deets representing the Contract Lesseesq presented the applicants case for rezoning. In doing so, he presented -slides of the area and introduced an Engineer associated with Superior Stone Company. Th.e Engineer spoke on 'sb�fety -and, other�appTiga'tioris glven''to todays '�� A O aetYtopeeations; particularly those owned by Superior Stone. Page 180 j At the conclusion of the presentation, the Chair called for any opposition to present their case. Messrs Henry Goodloe, Henry Gordon, H. H. Tiffany, Bernard Chamberlayne, Robert Boyle, represented the oppo- .' sition and residents in the immediate area. Mr. Henry Gordon presented a petition signed by the residents of the a area in opposition to the rezoning. Those who spoke in opposition as individual property owners and residents of the area were: Mr..Hulbert Stuart. This concluded the public hearing. - A gene al discussion was held by the Comm fission. Lt was noted d .;ring the cionwersati on by members oi" the Commission,: f their concern with the possi bi l icy of having . two quarri in the general area�and at two interchanges' of 64 in the western portion of the County. There was a motion made and seconded by the members'of_the Commission to deny the two,requests for rezoning. k The general discussion having been concluded, Mr. . Carr made the following substitute motion seconded by Mr. Trevillian and unanimously adopted by those members 7 tea. present that ,:cacti on on ZMP-021 and 034 be deferred until February 17, 1969. This date being a regular meeting of the Albemarljp County Planning Commission. The Planning Commission stating that the deferral of . action was necessary to disiminate the information received during kkj the public hearing and to let it ..be known that the Commission • was interested in hearing of any other possible quarry $aka sites which may be under consideration by other stone companies. 3. CU-67. Robert M. Key to locate a mobile home; x`tt= on five (5) acres on State Route 635, 2.5 miles south of Route 250 West. Assessment Map 72, Parcel 25. The application was approved unanimously by the Planning Commission Fw without special conditions attached.: "' Page 181 4. CU-69. Lynwood Steppe and E. Walker to locate mobile home on 7.0 acres on State Route 810 north of Crozet, Virginia, Assessment Map 14,9 Parcel 29, The Planning Commission unanimously approved Conditional Use Permit 69 as submitted ' without special conditions. C. Old Business: A general discussion on mobile homes which was ` scheduled on tonight's agenda was deferred until the February. 17, 1969 meeting of the Commission. n pJaw Ruc4nae0• , The secretary informed the resignation of Mr. William as of this date was without a V opened the floor for the nomina Mr. Wood nominated Mr. David Ca seconded by 'r. Marks. Mr. Per the nominat ns be closed, secs .` � `�• Mr,"' David Carr was una Chairman of the Albemarle Count There being, no further bus zq ; adjourned. NOTE: Mr, Batchelor arri% "x of the ZMP-021 and .034 by the i the Commission that with Dore that the Commission ce-Chairman, The Chairman retary Page 182 FEBRUARY 3, 1969 The Albemarle County Planning Commission met on February 3, 1969 at 7:30 P.M. in the Board Room of the County Office Building, Charlottesville, Virginia. Present were: David Carr, Vice -Chairman; William Perkins, William Trevillian, Savory Amato, Dr. Richard Marks, Cecil Maupin, and Henry Page. Also attending was T. M. Batchelor, County Executive. Absent were: Avery Catlin, Chairman and Lloyd Wood, Board representative. In the absence of Mr. Catlin, Mr. Carr assumed the Chairmanship. The secretary established that a quorum was present. The minutes were unanimously approved as submitted. A. Plats Approved Administratively: 1. A division of Lot 3 into 3A and Lot 3B, Block A, Section one, "Canterbury Hills. Lot 3B to be used for water pumping station only. Containing 2,500 square feet. (Subject to vicinity map.) 2. Division of the John F. Bell property near North Garden, Virginia. This subdivision applicable under laws prior to April 15, 1968. The condition approval has been met. That of having perculation test made. (Subject to vicinity map.) 3. Redating of plat showing Parcel 10A, a portion of Lot 10, which is to become part and parcel of Lot 11, Block C. Southwest section of Farmington. B. Plats for Planning Commission Approval: 1. Plat showing Parcel A, B, and C, a division of the Clara Morris property in Crozet. Approved unanimously with the waiver of Highway Construction Standards involving the 50 foot right-of-way. The Commission noted that a statement on the plat was to be provided to the effect that this access road is for the purpose of this subdivision only. Page 183 2. Lots 1 and 2 and 60 ft. right-of-way, Block I, "Westfield". Approved unanimously subject to vicinity map being shown, highway approval regarding roads, performance bond or surety bond being filed with the County for road construction and an easement showing communication cable involving Sperry Rand Corporation and FAA being shown or the plat. 3. Lots 1 and 2, Block G, "Westfield". Approved unanimously, Lots 1_and 2, Block G, subject to highway approval regarding streets, Performance Bond and Surety Bond being filed with the County and a temporary turn -around being shown on Peyton Drive. 4. Plat of 3.81 acre tract and 50 ft. right-of-way. A portion of property of Paul E. Pollard as prepared by Warren F. Wade, C.L.S.. Unanimous'.2, approval of the plat with waiver of construction of the road to highway standards. C. Public Hearings: 1. ZMP-036. Gordon Burton to rezone 36 acres from Agricultural A-1 to Residential R-1 to permit less than two acre lot development. Located at Midway with frontage on State Routes 635, 688 and 684. Assessment Map 72-4, 14A, and portion of 71-46. The staff made his presentation recommending that action be deferred until February 17, 1969 meeting. The staff stated that in his opinion the outcome of this application was definitely effected by the zoning case pending action:. on property across Route 684 which is requested for M-2 zoning. Mr. Burton presented his case and submitted a plan of development. The plan showed approximately 13 lots fronting on existing roads with lots ranging from 3/4 to 1 1/2 acres. Mr. Mason Barnett, resident in the immediate area spoke in favor of the rezoning. The Chairman called for any opposition. The Commission noted that no one appeared in opposition to this request. Dr. Marks at this time asked the staff for his reasons for asking for deferral. Mr. Humphrey stated that the granting of one of the two applications pending in the area would definitely Page 184 effect the other, therefore, the staff could not recommend a course of action at this time. Mr. Perkins was of the opinion that the two applications should be considered together. Mr. Trevillian made the following motion seconded by Mr. Perkins that action on ZMP-036 be deferred until the next regular meeting of the Planning Commission which is to be held on February 17, 1969 which was approved unanimously. 2. CU-68. Goldene R. Wells to permit a general store in an Agricultural A-1 district. Located on State Route 53 approximately one half mile west of Route 53's intersection with State Route 792. Assessment Map 93, Parcel 32. The staff presented his report and notified the Chairman that Mr. Wells had communicated with the secretary on this day stating that he would be unable to attend the meeting tonight because of sickness. After. a general discussion, Judge Amato made the following motion seconded by Mr. Perkins, that the public hearing on Conditional Use Permit 68 be adjourned until February 17, 1969 to allow Mr. Wells to appear and answer pertinent questions regarding his proposed development, which was adopted unanimously. The secretary was instructed by the Chairman to notify Mr. Wells. 3. CU-69. City of Charlottesville to permit a sewer transmission facility in the Canterbury Hills area along Route 29-250 By -Pass. The staff presented his report stating that the facility was already under ground. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Perkins to approve Conditional Use Permit 69 as submitted which was unanimously approved by the Commission members present. 4. CU-70. Amos R. Sweet. To locate radio transmission and antenna facilities in the name of Evans Communication Systems. Located on Rio Road (Route 631). Assessment Map 45, a part of Parcel 26 (10 Acres). The staff presented his report after which Mr. Walker, Vice President representing WCHV presented reasoning for locating this facility. At this time, Mr. John Snyder, a resident Page 185 in the immediate area and across from the subject property appeared in opposition. Mr. Snyder noted that in his opinion the application would require rezoning to an A-1 category prior to filing a Conditional Use Permit. After a general discussion, the secretary stated that the application was received on the basis of Article 4-1-15(3) in a R-2 zone. After a general discussion, and investigation of the differenct articles relating to Conditional Use Permits and radio transmissions,:antennae and stations, the secretary reported that the original interpretation of the Zoning Administrator seems to have been in error although he felt that the intent was applied and did note that in Article 2, Agricultural District A-1 under Article 2-1-23(26) does definitely spell out radio, television stations, aerials and antennae as being a permitted use under Conditional Use Permits. With this in mind the secretary stated that the application was received without proper authority and in addition it was not properly advertised in his opinion. Improper advertising was noted because of a conflict between what the staff was informed to be the property and what was claimed to be the location at the hearing. On the basis of this, it was advertised as fronting on Rio Road rather than being somewhat removed. Several members of the Planning Commission agreed with the secretary regarding this matter. Therefore, Conditional Use Permit 70 could not be heard by the Planning Commission. 5. CU-71. L. George Kirby. To locate a mobile home on 13.49 acres on State Route 6 at Esmont. Assessment Map 128, Parcel 94. This was approved unanimously as submitted. 6. CU-72. Herbert F. Spradlin. To locate a mobile home on 15.25 acres in Woodridge area on State Route 618. Assessment Map 124, Parcel 8-A. Approved as submitted. D. Site Plans: 1. Panorama Corporation addition. Approved as submitted subject to highway approval on proper drainage and access. Page 186 2. Westgate Apartments. After a lengthy discussion, regarding proper access, inadequate recreation facilities and access to adjacent property, the Planning Commission approved the site plan for Westgate Apartments subject to the following conditions: 1. Subject to the State Fire Marshall's recommendations as contained in a letter dated January 30, 1969. (File No. 13062). 2. Approval by the Virginia State Highway Department regarding proper drainage and access into the subject property. 3. There is a small swale in the front of the property along Rio Road. This drainageway takes care of the runoff water from the adjacent hill. If fill is anticipated here, some pro- vision should be made to avoid creating a ponding condition. 4. It is further suggested that ample erosion control measures be installed on the area if actual construction is not to begin soon after initial grading. 5. That all disturbed area (not covered by buildings, driveways, etc.) be seed4'd and mulched as soon as construction is completed. The staff reported to the Commission that they are preparing an amendment to the Subdivision Ordinance to require a panel reflecting Virginia Highway Department's certification of highway plans. The secretary at this time asked the Commission to direct him to prepare an amendment to the subdivision ordinance to this effect. The Planning Commission instructed the secretary to do so. The being no further business, the meeting was adjourned. ecretary Page 187 n On FEBRUARY 17, 1969 The Albemarle County Planning Commission met on February 17, 1969 at 7:30 P.M. in the Board Room of the County Office Building, Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Henry Page, Savory Amato, Dr. Richard Marks, and Cecil Maupin. Also attending were T. M. Batchelor and Lloyd Wood. Absent were: William Perkins and William Trevillian. The secretary established that a quorum was present. The minutes were unanimously approved as submitted by members present. The Chairman at this time noted that all public hearings before the Commission at this meeting had been concluded with the exception of Conditional Use Permit 68 in the name of Goldene Wells. The remaining five public hearings were only before the Planning Commission for their action since the public hearings had been concluded on January 6, and February 3, 1969. At this time the Chairman called to the attention of the Planning Commission a letter from Stanley L. and Virginia G. Patterson requesting that their zoning map petition 034 and their conditional use permit application 64 be with- drawn. After a general discussion by the Commission, Mr Maupin made the following motion seconded by Judge Amato that ZMP-034 and Conditional Use Permit 64 in the name of Stanley L. and Virginia G. Patterson be allowed to be withdrawn and that it be recommended to the Board of Super- visors that it be allowed to be withdrawn without prejudice. The motion was unanimously adopted by those present. At this time the Chairman called for Planning Commission action on zoning map petition 021 in the name of Mildred Macon and Lyttleton Yates. The Chairman asked if there was any new evidence to be presented regarding this matter. Page 189 Mr. Boyle, attorney for the opposition was recognized and submitted photographs showing the relationship of the property to adjoining property. It was noted that they were returned to the opponents upon conclusion of the public hearing. At this time the Chairman recognized Mr. Edward Deets, attorney for the applicant, who submitted a letter from the President of Superior Stone Company stating that they could not relinquish the Knapp property for which they have a valid building permit to operate a quarry. Mr. Bernard Chamberlain, representing property owners in the area, asked to be recongized to present in depth the affect of blasting to adjacent property owners. The Chairman referred the matter to the members of the Commission for their determination to allow Mr. Chamberlain to speak. It was the consensus of the Commission that they had heard sufficient information regarding this matter and that any further facts would only be repetitious. The Commission did desire a show of those persons in attendance who were opposed to the quarry. It was noted by the Commission that Mr. Deets stated that the applicant was willing to reduce the M-2 zone to permit a 200 foot strip which would remain as an A-1 zone to further buffer the M-2 from property across the adjoining state roads. Judge Amato made the following motion seconded by Mr. Page that the ZMA-021 be denied which was approved by a 5-1 vote. It was noted by the Commission in recommending denial that it was the opinion of the Commission that a M-2 zone on the property in question would not be in the best interests of the immediate area as it relates to safety and health and would not be compatible with the existing and established residential development. It was further noted by the Commission in their recommendation that a quarry was to be opened as a nonconforming use near the interchange of I-64 and 637. Because of the negative action taken by the Planning Commission on zoning map petition 021, the Commission could not hear Conditional Page 190 Use Permit 29 in the name of Mildred Macon and Lyttleton Yates for a quarry operation on the property which is the subject of ZMP-021. At this time the Chairman called for Planning Commission action on ZMP-036, Gordon Burton. The Chairman requested the secretary to present the staff comment and recommendation which was not presented at the February 3, 1969 hearing. After a general discussion by the Commission, Dr. Marks made a motion seconded by Mr. Maupin to approve ZMP-036. The motion failed upon a roll call vote which had the following results. Those voting in favor of the motion to approve,. Dr. Marks, Mr. Carr, Mr. Maupin. Those voting in opposition to the motion, Mr. Page, Judge Amato, Dr. Catlin. The motion failed due to a tie vote and therefore, goes to the Board of Supervisors on the basis of the unadopted motion as an automatic denial. At this time the Chairman: called for the reconvening of the public hearing regarding Conditional Use Permit 68 in the name of Goldene Wells. Said public hearing having been adjourned from the February 3, 1969 meeting to enable the applicant to appear in person. After a general discussion, Dr. Marks made the following motion seconded by Mr. Maupin that CUP-68 be approved subject to the store being located at a minimum distance of 50 feet from the right of way line of State Route 53 and subject to all normal zoning regulations. The motion was approved unanimously. At this time the secretary presented a set of proposed policy and procedures requirements relating to all zoning matters. After a general discussion, the Planning Commission instructed the secretary to redraft the policy and procedures showing the staffs amendments and resubmit them to the members for consideration at a later date. Old Business. At this time the secretary informed the Planning Commission that an additional application for a quarry in the western end of the County had been filed and suggested that the Commission waive its policy in hearing only public hearings on the first meeting of each month Page 191 and allow this application to be brought before them on March 17, 1969. It was the unanimous decision that the Commission's policy be waived in this instance since in the opinion of the Commission it was an emergency case. At this time Mr. Carr requested that the secretary inform the Commission on the status of the County's application for 701 Planning money. The secretary complied ' stating that it was expected that contracts would be signed within the next three weeks. At this time the secretary informed the Planning Commission of a suggestion presented by the County Board of Zoning Appeals regarding the rezoning of Royal Acres to a zone which would make them conforming rather than nonconforming. The reason being that the Board of Zoning Appeals foresaw a host of applications for variances from minimum yard requirements because of the large side yard requirements under A-1 being placed on lots containing only one acre. The staff further noted that related to this matter he was concerned with other areas also which were in need of being brought into conformity as well as providing for a one acre zone which would give some flexibility in making zoning decisions. After a general discussion, the Commission instructed the staff to investigate and draft a possible one acre zoning district for their consideration. There being no further business, the meeting was adjourned. ecretary Page 192 N MARCH 3, 1969 The Albemarle County Planning Commission met on March 3, 1969 at 7:30 P.M. in the County Court Room, Charlottesville, Virginia. Present were: Avery Catlin, Chairman; William Perkins, Cecil Maupin, Henry Page, William Trevillian, Savory Amato, and Dr. Richard Marks. Absent were: David Carr and ex -official members, Mr. T. M. Batchelor and Mr. Lloyd Wood. The secretary established that a quorum was present. The minutes of the February 17, 1969 meeting were approved unanimously. The Chairman at this time asked the Commission their opinion on rearranging the agenda to hear Conditional Use Permits 73, 75 and 77 first. It was the consensus of the members present that this be done. A. Public Hearings: 1. CU-73. Ida D. Defibaugh. To locate a mobile on 5 acres. Located on Route 671 just north of Route 665. Assessment Map 28. Parcel 11C. The public hearing having been concluded, the following action was taken. Upon motion by Dr. Marks, seconded by Mr. Maupin, Conditional Use Permit 73 was approved by those members present in keeping with the staffs report. 2. CU-75. W. I. Vernon. To locate a mobile home on 184.75 acres just off Route 618 (1.5 miles). Assessment Map 116, Parcel 73. The public hearing having been concluded, the following action was taken. Upon motion by Dr. Marks seconded by Judge Amato, Conditional Use Permit 75 was approved by those members present, in keeping with the staffs report. 3. CU-77. M. Y. Sutherland. To locate a mobile home on 473.76 acres. Located in North Garden, on State Route 692. Assessment Map 86, Parcel 27. Page 193 The public hearing having been concluded, the following action was taken. Upon motion by Mr. Trevillian, seconded by Mr. Page, Conditional Use Permit 77 was approved by those members present with the following conditions placed: 1. Subject to Health Department approval for septic field and well. 2. Subject to a minimum 60 foot setback from Route 29 South. 4. ZMP-037. Charles.W. Hurt, contract purchaser, to rezone 333.28 acres from Agricultural A-1 to Manufacturing M-2. Located south of Char- lottesville, Virginia off of State Route 20 South. Assessment Map 101, Parcel 28. Charlottesville Magisterial District. Mr. Bill Cannon, representing the application, presented the case for rezoning, stating that the application was in behalf of Warren Bros., largest asphalt company in the country with offices in Nashville, Tennessee. The presentation of the application having been concluded, the Chairman recognized the opponents. Mr. David Wood, attorney, representing opposition to the subject rezoning, presented a petition signed by at least 150 persons in opposition to the rezoning. Mr. Wood expounded on inadequate highway facilities to serve it and the incompatibility of the zone with established development. Others appearing in opposition were Mr. Virgil Williams who read a letter from Sentor Daniel VanClief; Prescott Carter, representing South - Side Albemarle County Association with a member- ship of 22 large estate owners; Baron B. Cain; Mr. J. B. Stone; Mr. Floyd Johnson and Mr. Carson. After a general discussion, Judge Amato made the following motion, seconded by Dr. Marks which was adopted by those members present. That zoning map petition - 037, Charles W. Hurt, be denied for the following reasons: 1. 2. 3. Inadequate transportation facilities. Too much acreage. Prematurity on the basis of the upcoming county plan which is now being prepared. In Page 194 5. ZMP-038. Alcova Associates Inc. to rezone 100.2 acres from Agricultural A-1 to Residential R-1 to permit less than 2 acre lots. Located on Route 769 adjacent to existin Key West Subdivision. Assessment Map 62B?2) C. Charlottesville Magisterial District. Mr. Jack Schwab, presented the case for the applicant, expounding on the existing develop- ment and the existing access roads and the desire to expand the development under the present R-1 zoning. A-1 zone with 2 acre lot minimum is not economically feasible. Opposition to the rezoning were: Mr. Loudoun, Mr. Kelly, John Wood, Jim McDermitt and Mr. Gene Cale, who were concerned with the internal access of the existing and proposed development and the system of septic fields. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Perkins that ZMP-038 be granted, which was approved by those members present; with the following reasons: 1. Would be compatible as well as in keeping with existing development. It is a logical extension of existing development. 6. ZMP-039. Leroy W. Snow and Viola D. Snow to rezone 19.62 acres from Agricultural A-1 to Residential R-1. Located on State Route 795, north of Blenheim. Assessment Map 103, part of Parcel 2. Scottsville Magisterial District. After the staff located the property, the Commission was informed that Mr. Snow could not be present to present his case. After a discussion Dr. Marks made the following motion, seconded by Judge Amato that ZMP-039, Leroy W. Snow, be adjourned until April 7, 1969 to afford Mr. Snow the opportunity to appear. The motion was approved by those,.members present. 7. ZMP-040. Charles W. Hurt. To rezone 103.66 acres from Agricultural A-1 to Residential R-1 to permit less than 2 acre development. Located on State Route 20 North. Assessment Map 62 and 63, Parcel 52, 1-B and 1-C. Rivanna Magisterial District. Page 195 8. ZMP-041. Charles W. Hurt. To rezone 24.26 acres from Agricultural A-1 to Residential R-1 to permit lots less than 2 acres. Located on State Route 677, north of 250 West and east of West Leigh Subdivision. Assessment Map 59, Parcel 7-D and 7-J. Ivy Magisterial District. The staff informed the Commission that the subject zoning map petitions had been withdrawn. 9. ZMP-042. Keswick Virginia Corporation. To rezone 156 acres from Agricultural A--1 to a Planned Community zone. Located between Interstate 64, the Keswick Country Club and State Route 616 on which it fronts. Rivanna Magisterial District. The staff recommended adjournment of the public hearing until April 7, 1969 in order that information relative to the subject matter could be received and analyized. It was noted by the staff that the applicant had agreed to an adjournment. After a discussion, Dr. Marks made the follow- ing motion, seconded by Judge Amato that ZMP-042 be adjourned until the April 7, 1969 meeting of the Planning Commission. The motion was approved by those members present. 10. CU-74. Charles W. ;iurt. To permit in a pro- pu- "-2 Manufacturing zone a crushed stone operations and asphalt mixing operations on land known as Assessment Map 101, Parcel 28. Located just off State Route 20 South near Carters Bridge. Since ZMP-037 received a negative recommendation by the Planning Commission, CU-74 could not be heard. 11. Use Permit 69-01. Charles Hurt. To amend Article 6-1-38 of the Albemarle County Zoning Ordinance to permit in a Business B-1 zone with a Conditional Use Permit, "Machinery Sales and Service" After a general discussion, Mr. Perkins made the following motion seconded by Judge Amato that Use Permit 69-01 be approved and incorporated as a permitted use under the Conditional Use provision. The motion was approved by those members present. The Commission was of the opinion that the intent of the ordinance would be met by the inclusion of "Machinery Sales and Service". Page 196 12. Site Plan: A. Addition to Slosson's Shopping Center, Crozet. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Page that the subject site plan be approved as submitted. The motion was approved by those members present. 13. Plats Approved Administratively: The staff reported that the following subdivision plats had been approved: A. Plats by Thomas D. Blue, C.L.S.: 1. Plat showing a boundary survey of two parcels of land at Stone -Robinson School near Shadwell in Albemarle County. 2. Plat showing a 2.93 acre parcel, being the combination of old lots 9 and 10 shown on an unrecorded plat surveyed and approved in 1966, and located on State Route 795 near Blenheim, Albemarle County, for Leroy W. Snow. 3. Plat showing a 2.25 acre parcel being a portion of the Sterling L. Robinson property located on St. Rt. 767 near Cross Roads in Albemarle County. 4. Plat of Lot B, a 2.00 acre portion of the Roy Fitzgerald, Sr. property located on St. Rt. 635 near Brownsville in Albemarle County, Virginia. B. Plats by R. 0. Snow, C.L.S.: 1. Plat of Lots 6A and 8A, Block G, Section one, Ednam Forest, Albemarle County. C. Plat by B. Aubrey Huffman and Associates, C.E.: 1. Plat showing Well Lot 2, Oak Hill Subdivision. D. Plat by 0. R. Randolph, C.L.S.: 1. Plat of Well Lot No. 3 and Well Lot No. 4 together with water line right of way lying 400 feet* S. W. of the end of Oak Hill Drive in the undeveloped area of Oak Hill for North Water Company, Inc. Page 197 E. Plat by W. S. Roudabush, Jr., C.L.S.: 1. Plat showing a parcel of land to be acquired by the Covesville Baptist Church -from Emmett W. Toms, located near Covesville. Samuel Miller Magisterial District. PUBLIC HEARING: 14. CU-76. Fountain Court Associates. To locate 4 unit apartment buildings on 4.93 acres in a Residential R-2 zone. Located on Rio Road between Nomini Hills Subdivision and Wakefield Subdivision. Assessment Mao 61, Parcel 142. Charlottesville Magisterial District. There being no further business, the meeting was adjourned. Secretary 0 Page 198 MARCH 17, 1969 The Albemarle County Planning Commission met on March 17, 1969 at 7:30 P.M. in the Board Room of the County Office Building, Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Henry Page, Dr. Richard Marks, Cecil Maupin, and William Perkins. Also attending were Mr. Lloyd Wood, member of Board of Supervisors and Mr. T. M. Batchelor, County Executive. Absent were: Savory Amato and William Trevillian. The secretary established that a quorum was present. Approval of the minutes of March 3, 1969 was deferred until the next regular meeting. At this time the Chairman recognized Mr. John Jerow, Albemarle High student serving as the Chairman of the student Planning Commission. At this time the staff presented a site plan for develop- ment of a warehouse and related offices in a M-1 Manufacturing zone in the Berkmar Subdivision. Mr. Charles F. Pietsch represented the applicant. After a genral discussion, Mr. Carr made the following motion seconded by Dr. Marks that the site plan be approved subject to an area being shown for loading and unloading and subject to highway approval regarding access and drainage. At this time the Chairman called for discussion of the new one acre minimum lot zone as recommended by the staff. After review by the Commission, the staff was instructed to change the minimum setback from 30 feet to 50 feet and to change the word "width" as it relates to lot to "frontage". In addition, the staff was instructed to add the section relating to corner lots as found in the R-1, R-2, and R-3 existing categories and was instructed to prepare the new zone for public hearing on its first ww,,,, meeting in May. Page 199 At this time, the staff presented documents entitled Policy and Procedures for Planning Commission consideration. After a general discussion, it was the consensus of the Commission that the staff resubmit the document noting legal basis where applicable in establishing policies and procedures. At this time the staff informed the Commission that all contracts relating to our 701 grant or Comprehensive Plan would be consumated on March 18, 1969. At this time the staff suggested to the Commission that in view of the heavy public hearing agenda for their April 7, 1969 meeting, that possibly the agenda should be split and held on two meeting dates. It was the consensus of the Commission that this be done and the staff was instructed to place all Conditional Use Permits relating to individual mobile homes on the agenda for the April 14, 1969 meeting. At this time the Chairman gave a status report relating to Fountain Court Associates application for a Conditional Use Permit. There being no further business, the meeting was ajourned. ecretary En Page 200 APRIL 7, 1969 The Albemarle County Planning Commission met on April 7, 1969 at 7:30 P.M. in the County Court Room, Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; William Perkins, Cecil Maupin, Henry Page, William Trevillian, Savory Amato, Dr. Richard Marks. Also attending were: Mr. Lloyd Wood, Super- visor; Mr. T. M. Batchelor, County Executive; Mr. Rosser Payne and Mr. Phil Yates, County Planning Consultants. The secretary established that a quorum was present. The minutes for the March 3, 1969 and March 17, 1969 meetings were approved as submitted. A. Public Hearings: 1. ZMP-039. Leroy W. Snow and Viola D. Snow to rezone 19.62 acres from Agricultural A-1 to Residential R-1. Located on State Route 795, north of Blenheim. Assessment Map 103, part of Parcel 2. Scottsville Magisterial District. Adjourned public hearing. Judge Amato made the following motion seconded by Mr. Perkins which was unanimously approved that ZMP-039 be approved as submitted. 2. ZMP-044. Hattie and Samuel Pugh. To rezone 52 acres from Agriceltural A-1 to Manufacturing M-2. Located immediately north of Interstate 64 and south of the termination of State Route 683. Brownsville Area. Assessment Map 56, a part of Parcel 25. Numerous people appeared in opposition including Mr. Juul-Neilson, Mrs. Rose, Mrs. Proffit, Mr. Barnes, Mrs. Moon, Mrs. Hager, Mr. Faris, and Mr. A. C. Crawford. Three petitions were filed with the Planning Commission in opposition to the request. After a general discussion, Mr. Robert Mussellman, Attorney representing the applicant, spoke on the merits of rezoning and elaborated on the requests. After a Page 201 general discussion, Judge Amato made the following motion seconded by Dr. Marks, which was unanimously approved that ZMP-044 be denied. Judge Amato, in his motion, noted that there was a need for a survey of natural resources of the County to determine the best location for a permanent quarry and that sufficient justification for a quarry had not been established. 3. CU-81. Hattie and Samuel Pugh. To locate a quarry and related facilities on a proposed M-2 Manufacturing zone containing 52 acres. Located immediately north of Interstate 64 and south of Route 683, Brownsville area. Assessment Map 56, Parcel 25 (a part thereof). Samuel Miller District. Since a negative recommendation by the Commission was approved by the Planning Commission regarding ZMP-044, Conditional Use Permit 81 could not be heard. 4. Amendment to the Albemarle County Zoning Ordinance to exclude "Mobile Homes, Individual" from the Agricultural A-1 zone. Article 2 of the County Zoning Ordinance. The staff presented the proposed amendments. Mr. Leroy Graves appeared in opposition to the proposed amendment. Mr. Lawrence Crenshaw and several other people also appeared and commented on the proposed amendment. After a general discussion, the recommended amendment No. 1 was approved with the following wording: 2-1-23. Mobile homes, individual, qualifying under the following requirements: A. A property owner residing on the premises in a permanent home wishes to place a mobile home on this property in order to maintain his or her immediate family of full-time agricultural employee. Immediate family shall be defined as his or her mother, father, son or daughter. B. Due to the destruction of a permanent home an emergency exists. A permit can be issued in this event not to exceed 12 months. Page 202 The Zoning Administrator shall be authorized to issue permits in accordance with the intent of this ordinance and shall be authorized to require or seek any information which he may determine necessary in making a determination on cases "A" and "B" of the afore mentioned uses. New Definitions: Replaces 15-58. Mobile Home: a single family detached dwelling unit transported to a site as a compact unit with a gross floor area of 780 square feet or less. New 15-59A. Mobile Home Subdivision: any area of land subdivided for the purpose of providing salable lots for mobile homes exclusively under the minimum requirements as found in Article 2-1-23(18A). The above requires the deletion of "or subdivision" from existing 15-59. This amendment was approved by a 7 to 1 vote. After a general discussion, the recommended amendment No. 2 was approved by a 7 to 1 vote and reads as follows: Article 2-1-23(18A). Mobile Home Subdivisions Article 2-1-23(18A-1). Minimum size of Mobile Home Subdivisions. The minimum number of lots provided in any one mobile home subdivision shall be twenty (20). Article 2-1-23(18A-2). Minimum Lot Size. The minimum lot size shall be 20,000 sq. ft. or more as may be recommended by the Charlottesville - Albemarle Health Department except where public sewerage and water are available, lot size may be reduced to 15,000 sq. ft. *40� Article 2-1-23(18A-3). Subdivision Control. All Mobile Home Subdivisions shall adhere to the requirements of the Albemarle County Subdivision Ordinance as amended. Judge Amato having made the motion to approve the above, seconded by Dr. Marks. Page 203 5. ZMP-043. J. F. Bishop to rezone 9.7 acres from Agricultural A-1 to Residential R-1. Located off of State Route 606 (off Route 29 North) at Piney Mountain, and has 105 feet of frontage on Route 606. Assessment Map 21, Parcel 13E. Rivanna Magisterial District. After the staff had presented his report and recommendation, the Planning Commission, upon motion by Dr. Marks, seconded by Mr. Carr, deferred ZMP-043 until such time the proposed one -acre zone can be considered and until the Soil Conservation Service can submit a report on the conditions of the land. 6. ZMP-045. Southern Lumber & Land Corporation. To rezone 17.59 acres from Agricultural A-1 to Manufacturing M-1. Located at Charlottesville - Albemarle Airport, fronting on State Route 649 and State Route 606. Rivanna Magisterial District. Assessment Map 32, Parcel 17-B(5), (7-B), (1, 2, & 3). Mr. Jim Craig, representing the application, expounded on the need for M-1 zoning at this time. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Trevillian which was adopted by a 7 to 1 vote that ZMP-045 be approved. 7. ZMP-046. John L, and Louise W. Spears. To rezone 4.06 acres from Agricultural A-1 to Residential R-1. Located at Crozet, Virginia having 626 feet of frontage on Route 1204 Extended. Whitehall Magisterial District. Assessment Map 56, Parcel 29 and 49A. After a general discussion, Mr. Perkins made the follow- ing motion seoonded by Mr. Trevillian which was unanimously adopted that ZMP-046 be approved as submitted. 8. ZMP-048. Daley Craig, Inc. To rezone 100 acres from Residential R-2 to Agricultural A-1. Located on Hydraulic Road (Route 631) known as the Blue Ridge Golf Course. Charlottesville Magisterial District. Assessment Map 61, Parcel 7 and 9A. 9. ZMP-051. Daley Craig, Inc. To rezone 100 acres from a proposed A-1 Agricultural zone to the Planned Community zone. Located on Hydraulic Road (Route 631) known as Blue Ridge Golf Course. Charlottesville Magisterial District. Assessment Map 61, Parcel 7 and 9A. Page 204 The Chairman noted that ZMP-048 and 051 were the subject of the same parcel of land and therefore, the two public hearings would be conducted simultaneously. Mr. Daley Craig presented his case for the two rezonings. Mr. Howard Wainwright presented two petitions to the Commission. One petition signed by property owners and residents of the Berkeley Subdivision requesting the Albemarle County Planning Commission to act unfavorably on the rezoning applications by reason of their belief of destroying an established golf course merely for the use of construction. The second petition was signed by users of the golf course stating the same reasons. The petition contained 71 names. After a general discussion, Mr. Maupin made the follow- ing motion seconded by Mr. Perkins which was unanimously approved that ZMP-048 be approved. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Perkins which was unanimously adopted that ZMP-051 be approved for the following reasons: (1) The rezoning of this property to A-1 and to Planned Community would reduce the density from development on this parcel. (2) Would provide better control as well as flexibility by the County on the subject property. (3) The Planning Commission found that the Planned Community concept on the subject property would result in a better environment as opposed to the existing R-2 zone and therefore, in the best interest of the community as it relates to health, welfare, and safety. 10. Barbara R. Ward. To locate a permanent mobile home park on 500.53 acres located on State Route 742, one mile south of Charlottesville. Charlottesville Magisterial District. Assess- ment Map 90, Parcel 36. After a general discussion, Mr. Perkins made the following motion seconded by Mr. Page which was unanimously approved that Conditional Use Permit 79 be approved provided Page 205 that (1) Access to the facility be approved by the Highway Department. (2) Approval of a central sewer facility by the County Health Department in view of the fact that the soil report indicates that individual septic fields can not be received on the land which is the subject of this application and that evidence of Health Department's approval be submitted to the Zoning Administrator prior to issuance of the permit. (3) Assurance of a public or central water supply approved by the County Engineer. (4) That an area or areas be established as recreational space of not less than 5,000 sq. ft. which shall provide for small children recreational activities. (5) That the internal road system be provided with a treatment to eliminate dust and mud and maintained. (6) A minimum recommendation to 25 foot width of gravel of sufficient depth is to be provided to accommodate the above. (7) That the site plan as submitted in addition to the above requirements be adhered to including the screening between Route 742 and the internal road system. 11. CU-88. Harry D. Campbell. To locate a permanent sawmill on four (4) acres, located on State Route 710. Samuel Miller Magisterial District. Assessment Map 87, Parcel 13 (a part thereof). After the staff report and a general discussion, the Chairman appointed a committee consisting of Mr. David Carr, Mr. Lloyd Wood, and Mr. William Trevillian to view the site and report to the full Commission at their April 14, 1969 meeting at which time the Commission will take action. 12. Hacienda Estates. To locate a permanent mobile home park on 27.38 acres located on Route 29 North, 1 112 miles south of State Route 649. Rivanna Magisterial District. Assessment Map 46, Parcels 108, 109, 110 and 110A. After a general discussion, Mr. Carr made the follow- ing motion seconded by Dr. Marks, that Conditional Use Permit 91 be approved provided (1) At least two access roads be provided to Route 29 with the approval of the Highway Page 206 Department and the extension of the same road treatment as shown within the development. (2) Approval of septic system by Health Department be presented to the Zoning Administrator prior to issuance of Conditional Use Permit and zoning clearance. (3) That a minimum of one acre of usable area or areas be shown on the plan for active recreation serving small children. (4) The recommendations of the Soil Conservation Service be adhered to. (5) Evidence of having obtained authorized approval to hookup with the County water system prior to issuance of permit being submitted to the Zoning Administrator. (6) That the site plan as submitted be adhered to in addition to the above conditions. 13. CU-76. Fountain Court Associates. To locate 4 unit apartment buildings on 4.93 acres in a Residential R-2 zone. Located on Rio Road between Nomini Hills Subdivision and Wake- field Subdivision. Assessment Map 61, Parcel 142. Charlottesville Magisterial District. Fountain Court site plan approval also. (Action deferred.) Mr. Jack Schwab, representing the application requested the Planning Commission to defer action on this petition until their May 5, 1969 meeting. Mr. Carr made the following motion seconded by Mr. Perkins that action on Conditional Use Permit 97 be deferred until the May 5, 1969 meeting which was approved unanimously. B. Site Plan Approval: 1. Dance Hall. Action deferred until Board of Supervisors has conducted their public hearing on the dance hall. 2• Motel and Restaurant. Unanimously approved. C. Plats Approved: 1. Plat of 2.509 acres, parcel off State Route 691, at Greenwood, Albemarle County, Virginia for Dora Farish. Page 207 This subdivision plat represents a consolidation of two parcels containing less than two acres. 2. Plat of Lots 2A and 4A, Block B, Ednam4 Forest, Albemarle County, Virginia. This subdivision plat represents a rearrangement of lot lines, of lots 2, 3 and 4, Section One of Ednam Forest to establish Lots 4A containing 1.71 acres and 2A containing 1.852 acres, eliminating Lot 3 of Section One. 3. Plat of a 2.768 acre parcel on State Route 742, at its intersection with Interstate Route 64, Albemarle County for Robert Shoffner, Trustee. 4. Plat showing a 3.00 acre portion of the Anderson property and its access R/W located north of I-64 at Route 250 near Shadwell in Albemarle County, Virginia. 5. Plat showing an addition and redivision of a lot in Clearview, in Albemarle County, Virginia. Parcels A-1 and A-2 are to become one lot totaling 2.242 acres by this plat. 6. Plat showing Lot 1, and Lot 2, Block C and Lot 5, Block B, Section 2 Westfield Subdivision in Albemarle County, Virginia. 7. Plat showing Lots 8, 9, 10, and 11 of Ballard Woods in Albemarle County, Virginia. 8. Subdivision plat of Section Four, Ednam Forest, showing Blocks H, F, J, and L, containirg 22 lots. The owners request that the road system be designated as a private system and not dedicated to public use. Approved subject to highway Department approval. The County also requires evidence of the capability of the sewer and water system to accommodate the additional lots. 9. Preliminary plat showing the W. A. Young Subdivision at Greenwood in Albemarle County, Virginia showing 25 lots plus a well lot. Deferred. There being no further business, the meeting was adjourned. ecretary Page 208 APRIL 14, 1969 VIM The Albemarle County Planning Commission met on April 14, 1969 at 7:30 P.M. in the Board Room of the County Office Building, Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Henry Page, Cecil Maupin, William Perkins, and William Trevillian. Also attending were Mr. Lloyd Wood, member of Board of Supervisors and Mr. T. M. Batchelor, County Executive. Absent were: Savory Amato and Dr. Richard Marks. The secretary established that a quorum was present. The approval of the minutes of April 7, 1969 was deferred until the next regular meeting. A. CU-88. Harry D. Campbell. To locate a permanent sawmill on four (4) acres, located on State Route 710. Samuel Miller Magisterial District. Assess- ment Map 87, Parcel 13 (a part thereof). The public hearing was concluded on April 7, 1969. Planning Commission action on April 14, 1969. The Conditional Use Permit was granted subject to conditions placed by the Commission Committee. Mr. Henry Page abstained from voting. The conditions are as follows: All activity of the sawmill, including access, storage and preparation of wood, shall be confined to an area 200 feet south of existing wood line, 300 feet from the R/W of Route 710 and 900 feet from the north property line of the Faris property. The sawmill is to be relocated to the approved site before or by May 15, 1969, at which time the existing sawmill activity shall cease and the property put in order, by �%W✓ leveling the stockpile of sawdust and wood storage removed. B. Public Hearings: 1. CU-80. Liza T. Hite. To locate a mobile home on 15.32 acres on State Route 637. Assessment Map 69, Parcel 48B. Samuel Miller Magisterial District. M Page 209 Unanimously approved subject to approval for septic field from Health Department and a building setback of 100 feet from the right of way of Route 637. 2. CU-82. John L. Snead. To locate two mobile homes on 4 acres on State Route 721. Assess- ment Map 126, Parcel 22A-1 containing 6.11 acres. Scottsville Magisterial District. Unanimously approved subject to septic field approval by Health Department. 3. CU-83. Bruce A. Rund, Jr. To locate a mobile home on 2.7 acres on Old Lynchburg Road. Assess- ment Map 76, Parcel 53F. Charlottesville Magisterial District. Unanimously approved subject to septic field approval by Health Department. 4. CU-84. Larry E. Tyler. To locate a mobile home on 8.8 acres on Route 649, 0.4 miles east of Route 29. Assessment Map 32, Parcel 29(0)-1. Rivanna Magisterial District. Unanimously approved subject to septic field approval by Health Department. 5. CU-85. Billy E. Eppard. To locate a mobile home on 37.9 acres on Route 729. Assessment Map 105, Parcel 2. Scottsville Magisterial District. Unanimously approved subject to septic field approval by Health Department and a minimum setback of 80 feet from Route 729. 6. CU-87. Edith E. Batten. To locate a mobile home on 19.88 acres on State Route 729. Assess- ment Map 105, Parcel 10 and 10A. Scottsville Magisterial District. Unanimously approved subject to the existing screening of trees on the south property line remaining for a 50 foot depth and existing trees fronting on Route 729 remain. Approval of a septic field by Health Department and a minimum setback of 50 feet from Route 729. C. Site Plan: 1. Addition to 7-Day Jr. Unanimously approved as submitted. Page 210 D. Plat for Planning Commission Approval: 1. Plat showing a subdivision of 4 lots, property of Holland B. Garth on east side of St. Rt. 600 approximately one mile S.W. of State Route 641. Rivanna Magisterial District. The staff informed the Commission that this plat was approved initially on November 6, 1967. For some reason '�,r,► the plat was never recorded and became invalid. It was approved on July 1, 1968 (after zoning had been adopted). Again it was not recorded and became invalid. It is now up for the third time for reapproval. The staff noted that the approval would be in violation of the Zoning Ordinance as it relates to minimum lot size. After a discussion, the Commission tabled this agenda item and instructed the staff to inform the representative of the subject property and subdivision to appear before the Commission to explain why subject plat had never been recorded. E. Plats Approved Administratively: 1. Plat of Parcels 1 and 2 on State Route 789 14, near Crozet, Albemarle County, Virginia. The property of Samuel E. Roach. 2. Plat of Parcel "A" being a 2.00 acre portion of the Charles N. Hughes property located on State Route 744 near Keswick in Albemarle County, Virginia. At this time the staff requested some tentative dates for a joint dinner meeting with the City Planning Commission. The Commission established April 28 or 30, as possible meeting dates with April 29th as a third choice. At this time a discussion of limiting the length of meetings by the Planning Commission was held. It was the unanimous decision of the Commission that meetings would be scheduled commencing at 7:30 and terminating at 11:00 P.M. and that no public hearing scheduled would be started after 10:30 P.M. The staff was instructed by the Commission to place those public hearings of a controversial matter first on the agenda. The Commission also adopted as policy that any public hearing Page 211 not concluded although scheduled for a given meeting would be adjourned until the next regular meeting for completion. At this time Mr. Carr made note of the many auto junk- yards through the County and was informed by the County Executive that there was an ordinance in effect enforced by the Sheriff's Department. By resolution presented by Mr. Carr, seconded by Mr. Perkins, the Commission unanimously instructed the secretary to inform the Sheriff of their concern of the lack of enforcement of the law relating to auto junkyards and to impress upon the Sheriff's Department the Planning Commission's desire to see the present law relating to junk- yards enforced. There being no further business, the meeting was adjourned. ecretary Page 212 MAY 5, 1969 The Albemarle County Planning Commission met on May 5, 1969 at 7:30 P.M. in the County Court House, Charlottesville, Virginia. Present were: Avery Catlin, Chairman; Cecil Maupin, Savory Amato, Henry Page and William Perkins. Also attending were T. M. Batchelor and Lloyd Wood. Absent were David Carr, Vice -Chairman, Dr. Richard Marks and William Trevillian. The secretary established that a quorum was present. The minutes of the April 7 and April 14 meetings were approved unanimously. A. Public Hearings: 1. CU-76. Fountain Court Associates. To locate 4 unit apartment buildings on 4.93 acres in a Residential R-2 zone. Located on Rio Road between Nomini Hills Subdivision and Wakefield Subdivision. Assessment Map 61, Parcel 142. Charlottesville Magisterial District. The Chairman noted that no one was present repre- senting the applicant or adjacent property owners. The staff elaborated on the known existing status of an agreement being worked out between the applicant and property owners. Mr. Perkins at this time notified the Chairman that he would be excluding himself from discussion and vote on this matter due to a possible conflict of interests. Due to the lack of a quorum, Mr. Perkins, being unable to participate in the voting, Conditional Use Permit 76 was deferred until the June 2, 1969 meeting of the Planning Commission. 2. ZMP-054. Walter M. Cushman. To rezone 450 acres from Agricultural A-1 to Residential R-1. Located near Earlysville at Piney Mountain and fronting on Route 606 and the North Fork of Rivanna River. Assessment Map 20, Parcel 19 and 19-A. Rivanna Magisterial District. Page 213 Mr. Walter M. Cushman presented the petition for the rezoning. Mr. Cushman elaborated on the highest and best use of the property in question, stating he intended to develop a central water system to serve the area also an individual septic system was to be utilized. However, on the basis of the staff report regarding the soils capability to receive septic fields, he would possibly have to investigate the possibility of a central sewer system. Members of the Commission questioned Mr. Cushman as to whether he would like to have action deferred to reconsider the possibility of the one -acre zone on this property and to come back with additional facts regarding water and sewer services to the proposed development. At this time Mr. Cushman and his attorney requested a 2-minute recess to discuss the matter. Upon return of the applicant and his attorney, the public hearing con- tinued. At the termination of the public hearing and after a discussion by the Planning Commission, Mr. Perkins made a motion to deny the request for rezoning on the basis of lack of justification and being premature in view of the services available in this area. The motion failed for lack of a second. Judge Amato made a motion to defer action until June 2, 1969 to afford the applicant and the County time to investigate facts that are pertinent in making a recommendation on this appli- cation. Motion was seconded by Mr. Page and was approved by a 4 to 1 vote. Mr. Humphrey requested that authority be given to the staff to forward this application to Mr. Rosser Payne for review and comment prior to the June 2dd meeting. It was the consensus of the Commission that this be done. It was noted that the public hearing had been concluded. Page 214 3. ZMP-055. Walter B. Salley. To rezone 11.7 acres from Agricultural A-1 to M-1 Manufacturing. Located at Shadwell, south of 250. Assessment Map 79, Parcel 20. Rivanna Magisterial District. Mr. William Perkins at this time informed the Chairman that he would be unable to participate in discussion and voting on ZMP-055 because of a possible conflict of interests. The Chairman, by the action of Mr. Perkins, informed the public that ZMP-055 could not be heard because of lack of a quorum. The Chairman instructed the secretary to re -advertise ZMP-055 for June 2, 1969 meeting. 4. ZMP-053. Kent A. Morris. To rezone 2.52 acres from A-1 Agricultural to R-1 Residential. Located on Route 600 at Southern R.R. R/W. Assessment Map 33, Parcel 34-5B and 5C. Rivanna Magisterial District. Mr. Humphrey presented the staff report after which the Chairman asked Mr. Morris if he wished to make a statement. Mr. Morris elaborated on what he wished to do on subject property. After a general discussion, Judge Amato made the following motion seconded by Mr. Maupin that ZMP-053 be approved. The motion failed by a 2 to 3 vote. 5. To amend the Albemarle County Zoning Ordinance to include a new and additional zone to be known as "RS-1 Residential Suburban", having a minimum lot size of one (i) acre and providing for single family dwellings and related structures. The secretary presented the wording of the new zoning district to be known as RS-1: Article 2-A RS-1. Residential Suburban Statement of Intent This district is designed to accommodate quiet, low density residential areas plus certain areas where similar residential development appears likely to occur, such as in the immediate areas of small villages where there exists a community of interest and where more dense zones would not be compatible with existing or proposed development. Page 215 The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life, and to prohibit all activities of a commercial nature. 2A-1 Uses Permitted. In Residential Suburban District, RS-1, structures to be erected or land to be used, shall be for one or more of the following uses: 2A-1-1. Accessory buildings as defined; however, garages and other accessory structures, such as carports, porches, and stoops attached to the main building shall be considered part of the main building. No accessory building may be closer than five (5) feet to any property line. 2A-1-2. Business signs: Only to advertise the sale or rent of the premises upon which erected and not more than six (6) square feet in area. 2A-1-3. Church bulletin boards and identification signs 2A-1-4. Churches 2A-1-5. Directional signs 2A-1-6. Educational institutions 2A-1-7. Golf courses (unlighted) 2A-1-8. Off-street parking as required by this ordinance 2A-1-9. Parks and playgrounds 2A-1-10. Public utilities: poles, lines, transformers, distribution substations, pipes, meters, and other facilities necessary for the provision and maintenance of public utilities, including water and sewerage distribution facilities. 2A-1-11. Single family dwellings THE FOLLOWING USES ALLOWED WITH A CONDITIONAL USE PERMIT ONLY: 2A-1-12(1). Country clubs 2A-1-12(2). Public utilities: oil and gas transmission pipelines and pumping stations, microwave and radiowave transmission and relay towers, electrical transmission lines, towers and sub- stations, and public water and sewerage trans- mission and treatment facilities. Page 216 M Mm 2A-1-12(3). Stabling facilities for light horses and ponies on not less than two (2) acres. 2A-1-12(4). Swimming and tennis clubs 2A-1-12(5). Marinas 2A-1-12(6). Basement apartments provided the owner of the dwelling resides on the premises. 2A-2. MINIMUM LOT SIZE 2A-2-1. Area. Approved subdivisions of one lot shall have a minimum area of one (1) acre. In approved subdivisions of two lots or more, lots may have a minimum area of forty thousand (40,000) square feet provided the average lot area of all lots is one (1) acre. 2A-2-2. Width. Interior lots shall have a minimum widtT of one hundred thirty (130) feet at the building setback line. Corner lots shall have a minimum width of one hundred and fifty-five (155) feet at the building setback line. 2A-2-3. Height. Dwelling shall not exceed thirty-five 35 feet in height. 2A-3. YARDS 2A-3-1. Setback. The minimum setback from any front yard shall be fifty (50) feet from the front lot lines. 2A-3-2. Side Yard. Side yards shall be a minimum of twenty 2O) feet. 2A-3-3. Rear Yards. Rear yards shall be a minimum of fifty (50) feet. 2A-3-4. Minimum Off -Street Parking. In compliance with Article 10-7 of this ordinance. After a general discussion, Mr. Perkins made the following motion seconded by Mr. Page that the new RS-1 Residential Suburban zoning district be recommended to the Board of Supervisors for inclusion into the County Zoning Ordinance as submitted by the secretary, deleting Article 2A-1-12(6) relating to basement apartments. In doing so the Planning Commission suggests to the Board of Supervisors that Page 217 possibly this should be an item to be included, however, the Commission could not reach unanimity on the wording. The motion was approved by a 5 to 1 vote. 6. CU-93. James G. Herring to locate a mobile home on 84.42 acres on State Route 601, one tenth mile off of Route 601. Assessment Map 8, Parcel 8. Whitehall Magisterial District. Unanimously approved subject to approval by Health Department for septic field. 7. CU-95. Watson Corporation. To locate a warehouse and office on 2.768 acres zoned M-1 Manufacturing, at the intersection of State Route 742 and I-64. Assessment Map 77, Parcel 12 (a part thereof). Charlottesville Magisterial District. Unanimously approved subject to recommendation of County Engineer, approval of septic system by Health Department, and approval of entrance from Route 742 by Highway Department. 8. CU-97. Cameron D. Carter. To locate a mobile home on 2.25 acres on State Route 676 (North Garden). Assessment Map 99, Parcel 30. Samuel Miller Magisterial District. Unanimously approved subject to approval by Health Department for septic field. 9. CU-98. King Solomon Lodge 194. To locate a Masonic Lodge Temple on Route 250 West. 10 miles west of Charlottesville. Assessment Map 56, Parcel 107B-1, containing 2 acres. Samuel Miller Magisterial District. Unanimously approved subject to approval of drainage by County Engineer, approval of septic system by Health Department, approval of entrance from Route 250 by Highway Department and approval by State Fire Marshal required for safety of building relating to fire hazard. 10. CU-99. Cecil C. Barnett. To locate a mobile home on 89 acres in an A-1 zone. Located on Route 687. Assessment Map 7, Parcel 11. Whitehall Magisterial District. Unanimously approved subject to approval by Health Department for septic field. Page 218 11. CU-101. Roy Carr to locate a mobile home on 32.45 acres. Located on State Route 690 at its intersection with I-64 (Greenwood, Va.). Assessment Map 54, Parcel 13. Whitehall Magisterial District. Unanimously approved subject to approval by Health Department for septic field. 12. CU-102. Joseph E. Davis, Sr. to locate a mobile home on 3 acres just off Route 29 about 3 miles south of Charlottesville. Assess- ment Map 75, Parcel 28 (part thereof). Unanimously approved subject to the applicant placing the mobile home 50 feet from the existing dwelling and subject to approval of septic system by Health Department. 13. CU-105. Elsie H. Vest. To locate a mobile home on 2.75 acres in an A-1 zone. Located on Route 29 South. 12 miles from City - 1/2 mile south of Crossroads Store. Assessment Map 99, Parcel 22. Samuel Miller Magisterial District. %%W„ Unanimously approved subject to approval by Health Department for septic field. B. Plats Approved Administratively: 1. Plat showing a division of the property south of I-64 owned by H. Lee Marston, near Greenwood in Albemarle County, Virginia. Dated and revised April 15, 1969 by Thomas D. Blue, C.L.S. and C.E.. (4 two + acre lots.) 2. Plat of 2.15 acre parcel off State Route 734 about 1.50 miles S. W. of Simeon, Albemarle County, Virginia. Dated April 24, 1969 by R. 0. Snow & Associates. (one lot of 2 acres on existing R/W easement.) 3. Plat showing 2.03 acres located on State Route I 621 in the Rivanna Magisterial District belonging to E. M. Frazier. (One lot of 2.03+ acres). Located on State Route 621 by F.A. Gregg, dated April 1969. 4. Plat of Parcels A, B, C, and D on State Route 601 and 676 at Woodson Store, Albemarle County, Virginia by R. 0. Snow & Associates. A transfer of 3.127 acres and a parcel seen containing 2.649 acres plus establishment of a 50 foot easement. Dated April 23, 1969. Page 219 5. Plat showing a 50 foot right of way across the property of Blue Ridge 5anitorium from State Route 53 to the J. L. Hartman land. By Huffman -Foster and Associates. Dated April 21, 1969. 6. Plat showing a revision of Lots A and B and corrected Lot C, Block 1, "Sherwood Farms", Albemarle County. By Huffman and Associates, dated August 7, 1968. 7. Plat showing Parcel A, a portion of the land of R. L. Melton situated on State Route 20, near Scottsville. A transfer of land for commercial purposes , by Huffman -Foster and Associates. Dated April 22, 1969. 8. Plat of 2.0 acre tract on State Route 660, 2 miles S.E. of Earlysville, Albemarle County, Virginia. A portion of Gilbert G. Sullivan property, by Warren F. Wade, dated April 21, 1969. 9. Plat showing dedication of a 50 foot R/W being an extension of Southwood Court in Oak Hill Subdivision, by B. Aubrey Huffman and Associates, dated April 7, 1969. 10. Plat of State Route 790, 0.30 miles in addition to Section 1, Stoney Point Subdivision, by 0. R. Randolph, dated April 16, 1969. C. Plats Approved by Planning Commission: 1. Plat showing Lot C, containing 2.0 acres and being a portion of Parcel 114-46 located in the Scottsville Magisterial District, east of State Route 708, dated April, 1969 by Frank A. Gregg;. 2. Preliminary plat of subdivision of Walter A. Young near Greenwood, prepared by R. 0. Snow C.L.S.. Subject preliminary was approved subject to reevaluation of all corner lots to determine that proper frontage has been provided, per- culation tests be completed on all undeveloped lots prior to final plat being filed, widening of 40 foot right of way and 40 foot radius cul- de-sac to 50 foot right of way and 50 foot in diameter cul-de-sac. Also subject to cul- de-sac having a temporary turn -around and extending through to adjacent property. Page 220 D. Site Plans: 1. Addition of Starke's Store, Crozet, Approved as submitted. 2. Toyota Sales Building. Approved subject to 83 foot building setback from right of way of 250 East. 3. ABC Store and Car Wash, Crozet. Planning Commission approved the site for the location of the ABC Store as submitted and approved the site location for the car wash subject to evidence that the State Water Control Board has approved the filter system for the effluent resulting from the activities of the car wash. 4. Horace F. Jackson for a Restaurant and dancing facility on Pantops Mountain. Unanimously approved as submitted. E. New Business: The Chairman at this time informed the Planning Commission that he had received a letter from Dr. Marks resigning from the Albemarle County Planning Commission. F. Old Business: The secretary informed the Commission of the discussion to be held on the Comprehensive Plan between the Planning Commission and consultatn. The secretary also informed the Planning Commission of the annual conference of the Virginia Citizens Planning Association at Natural Bridge commencing on May 18, 1969. There being no further business, the meeting was adjourned. Secretary Page 221 MAY 12, 1969 The Albemarle County Planning Commission met on May 12, 1969 at 7:30 P.M. in the County Court House, Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice - Chairman; Cecil Maupin and William Trevillian. Also attending were: Mr. Lloyd Wood, Mr. T. M. Batchelor, Mr. Rosser Payne, County Planning Consultant; his associate, Mr. Phil Yates; Mr. Tom Dooney, City Planning Engineer; Mr. Ray Jones, Mr. Harvey Bailey, Mr. Earl Brunger, Mr. Eddie Wood, and Mr. Fletcher Sims. Absent were: Mr. Henry Page, Mr. William Perkins and Mr. Savory Amato. There being no quorum present, the Chairman informed the public that no official business could be conducted. At this time Mr. Edward Deets and Mr. Keller inquired of the Planning Commission their intent in showing the present fuel oil storage on Rio Road as a nonconforming use. After a general discussion, the Chairman instructed the secretary to investigate possible means under the County Zoning Ordinance of allowing the fuel storage facility to expand as a nonconforming use as opposed to having to consider it under a..rezoning petition at this time. Mr. Rosser H. Payne, Jr. presented a report entitled "Suggested Objectives to be Accomplished by a Comprehensive Planning Program in Albemarle County, Virginia" dated May, 1969. Mr. Payne read the objectives and recommended that the Planning Commission review and modify the objectives; dissiminating them to the general public and to interested groups for their review and comment; adopt them; and subsequently forward them to the Board of Supervisors for their review and adoption. After a general discussion on the matter presented, the Chairman called for a special meeting to consider these suggested objectives to be held on May 21, 1969 commencing at 12:00 in the Board of Supervisors meeting room with Page 222 the intent of preparing the objectives in a way that they could be presented to the general public for their consideration and comment. Mr. Payne also presented "Suggested Policies for Processing Rezoning Applications until a Comprehensive Plan for Albemarle County, Virginia is Adopted". The policy statement contained three points which reads as follows: 1. If a rezoning application represents a moderate zoning adjustment; is in general conformance with the existing zoning of adjacent properties; and by granting the rezoning an impact would not be created on the facilities and utilities which serve the area; then such an application should be processed and considered on its merits. 2. If a rezoning application is not in general con- formance with the existing zoning of adjacent properties, and/or by granting the rezoning an impact would result on the facilities and/or utilities which serve the area, then such an application should be deferred until the com- prehensive plan is adopted. 3. If an applicant for rezoning claims that a deferral of his particular case would create a hardship, the hardship should be considered only if it conforms to the definition of hardship as expressed by Virginia law (reference Section 15.1-495 of the Code of Virginia). Mr. Payne suggested that the three items be considered by the Planning Commission at their earliest convenience and if endorsed the policy should be administered until the Comprehensive Plan is formally adopted by the Board of Supervisors. After a general discussion, the Chairman instructed the secretary to place on the June 2nd-�agenda the suggested policies as submitted by Mr. Payne for consideration and recommendation to the Board of Supervisors. It should be noted that Mr. Rosser Payne suggested that the suggested objectives which are to be presented to the public have a time limit for feedback to the Planning Commission of 30 to 60 days. It is important that the objectives in some Page 223 form be adopted by the Board so the consultant can proceed with the development of the Comprehensive Plan with the objectives as a guide. There being no further business, the meeting was adjourned. MAY 21, 1969 This was a special meeting of the Albemarle County Planning Commission held on May 21, 1969, commencing at 12:00 Noon in the Albemarle County Board of Supervisors meeting room with the following members present. Mr. Avery Catlin, Chairman; Mr. Henry Page, Mr. Cecil Maupin, Mr. William Trevillian, Judge Savory Amato and Mr. William Perkins. Absent: Mr. David Carr. This meeting was called to consider two documents submitted to the Commission by Mr. Rosser Payne, Jr. regarding rezoning policy while preparing the County Comprehensive Plan and a questionaire to be submitted to the public regarding the Comprehensive Plan. Both documents dated May, 1969. A general discussion was held on the three points submitted which recommended policy in processing zoning cases. Upon completion of the discussion, Mr. Perkins suggested that the three points be modified to one statement which would read "That a rezoning petition, during the period of preparing the Comprehensive Plan, may be deferred until the plan is completed because of its possible affects to the Comprehensive Plan" Page 224 Said statement would be conveyed to the public through 1%WW the news media and radio. It was tthe consensus of the Commission that this be done and forwarded to the Board of Supervisors as a recommendation. At this time consideration was given to the itemized listing of objectives of a Comprehensive Plan for Albemarle, N" which is to be referred to the general public for review and feedback. The Commission reviewed and modified numerous items and instructed the secretary to prepare a draft for their final consideration. There being no further business, the meeting was adjourned. Page 225 JUNE 2, 1969 The Albemarle County Planning Commission met on June 2, 1969 at 7:30 P.M. in the County Court House, Charlottesville, "'400 Virginia. Present were: Avery Catlin, Chairman: David Carr, Vice - Chairman; Cecil Maupin, Henry Page, William Trevillian, William Perkins, and Savory Amato. Also attending were Mr. Batchelor, County Executive and Mr. Lloyd Wood, member of Board of Supervisors. The secretary established that a quorum was present. The minutes of May 5, May 12, and May 21, 1969 were approved as submitted. At this time the Chairman recognized Mr. Forrest Paulett who asked why his ZMP-058 was withdrawn by the Zoning Administrator from tonights agenda. The secretary explaned that the local newspaper had incorrectly printed the second required legal notice, thereby causing the public notice to be invalid under the state law governing zoning matters. ZMP-061, Lloyd D. McDaniel was also removed from the agenda for the same reason. Mr. Paulett and Mr. McDaniel were informed of this error of advertisement May 28, 1969. He was also advised that the petition would be rescheduled for the July meeting. At this time the Chairman called for discussion on the deferred ZMP-054, Walter M. Cushman. The secretary located the property and referred to the comment submitted by the County's Planning Consultant, Mr. Rosser Payne. A lengthy discussion followed with Mr. William Smith, attorney, and Mr. Cushman elaborating on his efforts to work out an agreement with the developers of Camelot and the County regarding sewer and water. Mr. Rosser Payne commented on the possibility of utilizing the Planned Community concept on the subject property. Page 226 Upon conclusion of the discussion, the Chairman suggested the possibility of withdrawal on the basis of lack of information with a possible investigation of development through the Planned Community concept. Mr. Walter Cushman, applicant, then requested that ZMP-054 be withdrawn without prejudice. Upon motion by Judge Amato, seconded by Mr. Trevillian which was approved unanimously, ZMP-054 in the name of Walter Cushman was allowed to be withdrawn without prejudice. At this time the Chairman called for the public hearing of ZMP-055, Walter Salley to rezone 11.7 acres from Agricultural A-1 to M-1 Manufacturing. Located at Shadwell, south of Route 250 near Stone -Robinson School. Assessment Map 79, Parcel 20. Rivanna Magisterial District. After the staff presented his report, it was noted that Mr. Salley was not in attendance. Secretary produced two letters informing him of the meeting. Persons who appeared in opposition to the rezoning were: Mr. H. B. Clark, J. T. Michie, R. A. Graham, Mrs. Redden and Mr. Lloyd Astramar, adjacent property owners. After a discussion by the Commission, Mr. Trevillian made the following motion, seconded by Judge Amato, that ZMP-055, Walter Salley, be denied for reason of incom- patibility with existing land use. At this time the Chairman called for the public hearing on ZMP-056, Investment Diversified, Inc. to rezone 2.6 acres from B-1 Business to R-3 Residential. Located on the northeast side of Route 743 (Hydraulic Road) near intersection of Route 656 across from Georgetown Green. Assessment Map 61, Parcel 39 and 39A (part thereof). Charlottesville Magisterial District. Mr. Randolph Wade presented the petition. After a general discussion, Mr. Maupin made the following motion, seconded by Mr. Trevillian that ZMP-056 be approved as submitted with the following amendment. That the 210 x 15' strip from the right of way of 743 on the south boundary be excluded from the request and remain B-1 Business. Page 227 Motion was approved unanimously. At this time the Chairman called for the public hearing on ZMP-059, Gordon Burton to rezone approximately 20 acres from Agricultural A-1 to Residential R-1. Located at the intersection of Routes 684 and 688 and having frontage on said Routes. South of Route 250 West. Assessment Map 71, Parcel 46 (a portion thereof). Mr. Burton was present and spoke. After a general discussion, Judge Amato made the following motion, seconded by Mr. Perkins that ZMP-059 be recommended for RS-1 (One -Acre) zoning instead of the requested R-1 zoning in keeping with the staff's report. The motion was approved unanimously. At this time the Chairman called for ZMP-060, James R. and Clara B. Whyte to rezone 9.41 acres from Agricultural A-1 to Residential R-1. Located at Earlysville on north side of Route 743. Assessment Map 31, Parcel 26A. Rivanna Magisterial District. Mr. Whyte, son of Mr. James R. Whyte spoke for the petitioner. After a general discussion, Mr. Trevillian made the following motion seconded by Mr. Page that ZMP-060 be approved as submitted. The motion was unanimously approved. At this time the hearing on CU-103, Waverly Harris to locate a mobile home on 5.0 acres on Route 664, just north of Route 776. Assessment Map 17, Parcel 29B. Whitehall Magisterial District was called for. After a discussion, Mr. Maupin made a motion to approve the request in keeping with the staff report, which was seconded by Mr. Page and approved unanimously by the Commission. At this time the hearing on CU-106, Julia M. Whiting to locate a mobile home on 3.0 acres on State Route 689 near Miller School. Assessment Map 86, Parcel 19. Samuel Miller District was called for. Page 228 After a discussion, Mr. Trevillian made a motion to approve the request in keeping with the staff report, which was seconded by Mr. Maupin and approved unanimously by the Commission. At this time the hearing on SP-07, Thelma Vest to locate a mobile home on 2.0 acres off of Route 29 South on Route 718, Assessment Map 109, Parcel 43 (part thereof), Samuel Miller District was called for. After a discussion, Mr. Page made a motion to approve the request in keeping with the staff report which was seconded by Mr. Trevillian and approved unanimously by the Commission At this time consideration was given to the Northway Corp. Office Building site plan. The subject of the site plan was an addition.to an existing structure. After a discussion, the site plan was approved unanimously subject to proper parking and drainage. At this time the secretary presented a draft of the questionaire concerning the objectives of the Comprehensive Plan which is to be distributed to the public for final approval before printing. After a discussion, the Planning Commission approved the draft with some amendments to the text as suggested by Mr. Rosser Payne,.Consultant and Mr. Perkins. At this time the secretary informed the Planning Commission that CU-76,Fountain Court Associates, had withdrawn. The following plats were approved administratively: 1. Plat showing lot of land south of Covesville in Albemarle County, Virginia And fronting on the west side of U.S. Route 29. By Paul M. Saunders, C.L.S., dated April 18, 1969. Transfer of a 2.67 acre lot to adjacent property of Lucille Graves Mawyer containing 14.65 acres for one tract totaling 17.34 acres. 2. Plat showing lots "A" and "B", a division of the Hedgerow Corporation property on Orchard Road near "Liberty Hills" in Albemarle County, Virginia. By Thomas D. Blue, C.L.S., dated May 9, 1969. Page 229 3. Plat showing Lots 1 and 2, a dividiosn of the Spears property south of Claudius Crozet Park near Crozet in Albemarle County, Virginia. By Thomas D. Blue, C.L.S., dated May 8, 1969. 4. Plat of 2.51 acre tract west of State Route 604, 4 miles N.W. Earlysville, Albemarle County, Virginia. Luther Breeden Est. by Warren F. Wade, C.L.S., Dated May 3, 1969. Subject to vicinity sketch. There being no further business, the meeting was adjourned. SECRETARY Page 230 JULY 7, 1969 The Albemarle County Planning Commission met on July 7, 1969 at 7:30 P.M. in the County Court House, Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Henry Page, William Trevillian, William Perkins, and Savory Amato, Also attending were Mr. Lloyd Wood, member of Board of Supervisors. The secretary established that a quorum was present. The minutes of June 2, 1969 were approved as submitted subject to correction on Page 1, Mr. William Moseley to Mr. William Smith. At this time the Chairman called for the public hearings. 1. ZMP-058. Forrest E. Paulett. To rezone 8.55 acres from Agricultural A-1 to Residential R-1, to develop single family dwellings. Located on east side of State Route 790, approximately one mile north of Scottsville. Assessment Map 131, Parcel 63 (part thereof). Scottsville Magisterial District. . The staff read the staff report after which Mr. Paulett presented his petition. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Carr that ZMP-058 be approved. The motion carried unanimously. 2. ZMP-043. J. F. Bishop. To rezone 9.7 acres from Agricultural A-1 to Residential R-1 for rental houses. Located north of State Route 606 and having frontage on Route 606 and access road to A.T.T. Station on Piney Mtn.. Assessment Map 21, Parcel 13E. Rivanna Magisterial District. The staff presented the petition after which the Chairman noted that no one was present to represent the applicant. After a general discussion, Mr. Carr made the following motion seconded by Mr. Page that ZMP-043 be denied in keeping with the staff's report. The motion carried by a 6 to 2 vote. 3. CU-110. Robert B. Albee. To locate a campground for travel trailers on land described as Assessment Map 71, Parcel 3, containing 47.11 acres in an A-1 zone. Located 0.5 miles west of Yancey Mills near Interchange of I-64 and Route 250 West. Samuel Miller Magisterial District. Page 231 The staff presented his report after which Mr. Albee presented his petition for a trailer camp facility. At this time numerous people appeared in opposition to the application. Those appearing were Dave Wood, Attorney; representing Mr. Peter Gann, Walter Scott.and others. Mr. Wood submitted a petition signed by 63 persons in opposition. Others appearing in opposition were Mr. Walter A. Young, Lloyd B. Mize, Mr. Rodney Peyton, Mr. Scott, and Mr. M. Clark. Mr. Wood in his presentation suggested that the Planning Commission consider the following in placing conditions on the application: (1) Restrict the area of activity according to Health Department suggestions and approval for sanitary facilities. (2) That consideration be given to highway safety as it relates to exit -and entrance. (3) That each camp space have 50 feet of frontage on a paved street and each lot contain a minimum area of 4,000 square feet. (4) That all streets and parking ways be paved. (5) That sufficient screening from Route 250 and adjacent property lines be provided. (6) That the Planning Commission attach other conditions that may be desirable. In summary, those speaking in opposition were concerned with property values, policing, traffic problems, sanitation, and possible flooding of Stockton Creek beyond the confines of the natural bed. Mr. Albee, the applicant, spoke on points brought up by the opposition stating that it was not his intent to degrade adjacent property. He added that it was their intent to make the activity compatible with the immediate area. After a general discussion by the Planning Commission, Mr. Carr made the following motion seconded by Mr. Trevillian that the Chairman appoint a committee to study the granting of this permit and to weigh the comments presented at this meeting tonight. Motion carried unanimously. The Page 232 Chair appointed Mr. Carr, Mr. Trevillian and Mr. Page to study the application and report back on the July 14, 1969 meeting. Action on CU-110 was unanimously deferred until August 4, 1969. 4. CU-111. Daley Craig. Approval of a master plan of development in an area designated for a Planned Community in an A-1 Agricultural zone. Located on Hydraulic -Rio Road on property presently known as the Blue Ridge Golf Course. Assessment Map 61, Parcel 7 and 9A. Charlottesville Magisterial District. The staff gave his report after which Mr. Roudabush and Mr. James Craig presentedthepetition. After a general discussion, a representative from the Berkeley Subdivision appeared to state that the adjacent community of Berkeley was pleased with the proposed development of Berkeley Hills. The Berkeley community was previously concerned with the doing away of the Blue Ridge Golf Course; however, they felt that Mr. Craig's proposal provided for recreation which could be utilized by the Berkeley community. Mr. Perkins made the following motion seconded by Mr. Trevillian that CU-111 be approved subject to the recommendations of the Planning Staff and County Engineer and subject to sidewalks being located appropriately in those areas where the more dense population will occur. The staff recommen- dations are as follows: 1. A drainage structure be shown at the tie in to Route 631 and that a deceleration lane be shown as suggested, serving the major entrance -,on Route 631. 2. The system of public and privately maintained roads as shown with the following exceptions: A. That the 60 foot road to be dedicated extending from the major internal road to the south property line be realigned to intersect said property line approximately 150 feet further south of the existing alignment . B. A waiver under subdivision control would have to be given for 3 of the proposed private roads as it relates to minimum length of cul-de-sac streets. Page 233 C. That dedication of 35 feet from the center line of Route 631 be shown in keeping with the adopted Charlottesville -Albemarle Thoroughfare Plan and that the two cul-de-sacs be so arranged to prevent access to Route 631 and glare from headlights of vehicles. The Highway Department has requested a setback to accommodate a ninty foot R/W which may require a reduction in the length of cul-de-sac. D. That an additional pedestrian underpass be placed under the internal public street near the line between the commercial area and apartment area if topography is such to permit its installation. E. That the permit be approved for a density not to exceed 682 units as proposed and that sidewalks be installed in the areas designated for patio houses and townhouses. F. That the document establishing the Home Owner's Association for maintenance of the private streets and common area be reviewed by the County Attorney and Planning Consultant, Mr. Rosser Payne, before approval of the document. The County Engineer's recommendations are as follows: A. Drainage: No pipe or intake structure sizes are shown. It is assumed these will be sized in accordance with the applicalbe standards of the Virginia Department of Highways. Also, street ditches and lead-off ditches to natura-1 waterways with grades of 5% or greater should be paved. Wherever it is convenient downspouts from buildings should be piped directly into the stormdrainage systems. B. Water Mains: The County is to be given adequate rights of way in the several private streets shown for the servicing and maintaining of water lines including the reading of meters. Water mains which are to be taken over by the County of Albemarle for maintenance and operation shall be subject to County review of plans and inspection of construction. The water system should be sized for fire protection and fire hydrants provided where needed. Provisions for blowing off of lines should be made at all deadends. C. Sewer: Sewer lines which are to be taken over by the County for maintenance and operations shall be subject to the review of plans and inspection of construction by the County. Page 234 The County shall be granted adequate rights of 1*0W way over private lands or streets for the servicing and maintaining of sewers. Motion was approved unanimously. 5. ZMP-061. Lloyd D. McDaniel. To rezone 5.32 acres from Agricultural A-1 to Residential R-1 to construct single family dwellings. Located approximately 0.3 miles north of State Route 691 near Greenwood on Beagles Gap Road. Assessment Map 54, Parcel 41 (a part thereof). The staff presented his report after which Mr. McDaniel presented his petition stating he wished the R-1 zoning to construct a dwelling for his daughter and other homes for his employees. After a general discussion, Mr. Carr made the following motion seconded by Mr. Maupin that ZMP-061 be approved as requested by the applicant. The motion carried unanimously. The Planning Commission, in approving this application, noted the concern on Beagles Gap Road and informed Mr. ' McDaniel to consider dedication of a 50 foot right of way for proper access to his property when he is ready to subdivide. 6. ZMP-062. R. W. Proffitt, III. To rezone 3.0 acres from Agricultural A-1 to Residential RS-1 for single family dwellings. Located on State Route 660 at western end of Charlottesville Reservoir. Assessment Map 30, Parcel 17B. Rivanna Magisterial District. The staff presented his report after which Mr. Proffitt presented his petition. After a general discussion, Mr. Maupin made the following motion seconded by Judge Amato which was approved by a 5 to 3 vote that ZMP-062 be approved as submitted. 7. ZMP-063. Floyd Fleming, Sr.. To rezone 2.0 acres from Agricultural A-1 to Residential R-1 for single family development. Located on Route 20 North, behind and adjoining Key West Subdivision on State Route 769. Assessment Map 62, Parcel 41. Charlottesville Magisterial District. gn Page 235 The staff presented his report after which Mr. Fleming presented his petition. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Carr that ZMP-063 be approved as submitted. The motion carried unanimously. 8. ZMP-064. Wayland Machine Co., Inc.. To rezone 8.412 acres from Agricultural to M-1 Manufacturing for the purpose of making a nonconforming use conforming. Located on Route 633, 300 feet north of Route 29 South near Covesville. Assessment Map 109, Parcel 33 and a portion of 34. Samuel Miller District. The staff presented his report after which Mr. Powell and Mr. Fishburne, Attorney, presented the applicants petition elaborating on the desires to improve the existing structure and to expand the existing facilities which are now a nonconforming use in a A-1 zone. After a general discussion Mr. Carr made the following motion seconded by Mr. Maupin that ZMP-064 be approved as submitted. The motion carried unanimously. 9. ZMP-065. Lester W. Carter. To rezone 3.82 acres from Agricultural A-1 to Residential RS-1 for single family use. Located on south side of Route 675 (Albemarle Lake Road). Assessment Map 41, Parcel 49A-2. Whitehall Magisterial District. The staff presented his report after which Mr. Carter represented his application. After a general discussion, Mr. Perkins mdde the following motion seconded by Mr. Carr that ZMP-065 be denied. The motion failed by 4 to 4 vote. At this time, Judge Amato made the following motion seconded by Mr. Trevillian to grant the petition as requested. This motion also failed by a 4 to 4 vote. 10. ZMP-067. Cecil J. Shifflett. To rezone one acre from Agricultural A-1 to Residential R-1. Located in the Woodridge area, having frontage on State Route 620, approximately 0.2 miles east of Route 708 intersection with Route 620. Assessment Map 115, Parcel 31. Scottsville Magisterial District. The staff presented his report after which Mr. Shifflett presented his case for the rezoning. After a general discussion, Page 236 Rev. Wright made the following motion seconded by Mr. Carr that ZMP-067 be approved in keeping with the staff report. Motion was approved unanimously. 11. ZMP-068. Charlie W. Patterson. To rezone 1.30 acres from Agricultural A-1 to Residential RS-1 for single family dwellings. Located on State Route 726, south of Route 6. Assessment Map 136, Parcel 28 (a part thereof). Scottsville Magisterial District. The staff presented his report after which the applicant presented his case for the rezoning. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Carr that ZMP-068 be approved in keeping with the staff report. The motion was carried unanimously. It was noted that Mr. F. E. Paulett appeared in favor of the application as being a property owner across from the subject application. 12. ZMP-069. Thomas M. Flint. To rezone 4.0 acres from Agricultural A-1 to R-1 Residential. Located at Stony Point on Route 20. Assessment Map 48, Parcel 18B. Rivanna Magisterial District. The staff presented his report after which Mr. Flint presented his case for the rezoning. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Page that ZMP-069 be approved in keeping with the staff report. The motion carried unanimously. 13. CU-107. Daniel G. VanClief. To allow a Contractor to locate temporary office and storage of vehicles in an A-1 zone on Parcel 48 of Assessment Map 130, in conjunction with the installation of a public utility. Located on Route 20 South, one mile north of Scottsville. Scottsville Magisterial District. The staff presented his report after which Mr. VanClief presented the petition stating that he could not add anything beyond the staff report as stated. After a general discussion, Mr. Perkins made the follow- ing motion seconded by Judge Amato that CU-107 be granted subject to the staff's recommendations as follows: on Page 237 1. That the parking of employee vehicles and any storage of equipment be no closer to the right of way of Route 20 than 120 feet, 2. That the location of the office trailer comply with the minimum setback in an A-1 zone of 30 feet from the right of way of Route 20. 3. That the lot on which the subject application has been applied for be cleaned up after termination of the activity to a state it was in prior to the location of the activity. 14. CU-108. Daniel G. VanClief. To permit a public garage in an A-1 zone on Route 20 South, one mile north of Scottsville. Assessment Map 130, Parcel 48. Scottsville Magisterial District. The staff presented his report. Mr. VanClief presented his application after which Mr. Trevillian made the following motion seconded by Mr. Carr that CU-108 be approved subject to staff's recommendations as follows: 1. All activity to be conducted within the enclosed building. 2. To be conducted no longer than one year. The CU-108 was approved unanimously. 15. CU-109. Virginia Electric & Power Co.. To expand an existing substation located on State Route 810 north of Crozet. Assessment Map 40, Parcel 19 (part thereof). Whitehall Magisterial District. The staff presented his report after which Mr. Lionel Key presented the applicants petition for expansion of the existing substation. After a general discussion, Mr. Trevillian made the following motion seconded by Mr. Perkins that CU-109 be approved subject to landscaping being provided around the proposed addition in keeping with such landscaping that already exists. 16. Special Permit-02. Harry N, Price. To locate a mobile home on 31,0+ acres located on Route 649 next to Jefferson Village Subdivision, Assessment Map 32, Parcel 27A. Rivanna Magisterial District. The staff presented his report. It was noted that Mr. Price was not in attendance. After a general discussion, Page 238 by the Commission, Judge Amato made the following motion seconded by Mr. Trevillian that SP-02 for the location of a mobile home be denied for the following reasons: 1. In the opinion of the Commission, the location of a mobile home in this area would be incompatible with the existing and emergingconventional housing development. The motion carried unanimously. 17. Special Permit-03. Clara Jones. To locate a mobile home on 2.0 acres located on State Route 666 in the Earlysville area. Assessment Map 18, Parcel 18, (part thereof). Whitehall Magisterial District. The staff presented his report. It was noted that the applicant was not in attendance. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Perkins that SP-03 for the location of a mobile home be granted in keeping with the staff's report. Motion carried unanimously. At this time the Chairman brought to the attention of the Commission the listing of plats approved administratively asking the Commission if they wished to consider any of the plats. There being no desire to do this, the Chairman then called for the report on site plan of Westfield Village Apartments. The staff presented his report, after which Mr. Morris Foster and Mr. Aubrey Huffman presented the site plan entitled Phase I, Westfield Village Apartments. After a general discussion, regarding recreational areas and the alignment of the adopted routing of the proposed Meadow Creek east -west highway, Mr. Carr made the following motion seconded by Mr. Perkins that Phase I, Westfield Village Apartments be approved subject to the site plan showing the �*"' reservation of land involved on this parcel in the routing of the proposed east -west highway known as Meadow Creek Road for a period of two years and that the recreational areas located within that alignment is to be shown as a temporary use until such time as Phase II of Westfield Village is °�we presented to the Commission for approval. It is understood at the time of the submittal of Phase II that the recreation Page 239 as noted above is subject to relocation into Phase II and will be considered as additional recreation beyond any minimum that might be required for recreation in Phase II of Westfield Village Apartments. A further condition of approval is the recommendations of the County Engineer as follows below: I. Drainage: Pipe sizing is adequate. It is assumed that grates and/or orifices on the intake structures will be properly sized and set so as to allow the entrance of surface waters. Downspouts from the buildings should be connected to the storm drain pipe systems. It is noted that the drainage system terminates in the property of others. The drainage system should terminate in a natural water course with a structure to dissipate the hydraulic energy and prevent scouring. It is assumed the owner will secure an easement over "property of others" upon whom the concentration of water is dumped. 2. Water and Sewerage: The site plan indicates that the owner assumes he will be served by the City of Charlottesville with water and sewer. If this is so, we have no interest in it. However, if the County is to provide these services, the County will have the review of the plans and right to inspect construction. Also, the County shall be given adequate rights of way for the maintenance and servicing of such utility lines it acquires. Fire hydrants should be provided for the protection of this property. Site Plan: Investments Diversified Apartments. The staff informed the Planning Commission that upon review of the site plan it was found that it did not meet the minimum zoning requirements. Mr. Roudabush, the Engineer, had been informed of this and of this date had not submitted a revised site plan and therefore it shall not be considered at this time. Site Plan: Monticello Motors Auto Sales. The staff presented a plot plan of Monticello Motors Auto Sales informing the Commission that although the plan was somewhat insufficient as to its presentation, the staff had ascertained that the minimum zoning requirements had been met. However, review by the County Engineer regarding Page 240 drainage had not been completed for lack of information. It was the consensus of the Commission that the plot plan as submitted was in insufficient detail for the Planning Commission to review and approve. The secretary was requested to communicate with the applicant to have him prepare a plan which could be reviewed properly. *"` PLATS APPROVED ADMINISTRATIVELY 1. Plat of a 2 acre lot, located 0.5 miles north of Covesville, Virginia in Samuel Miller District, Albemarle County. A tract of land owned by Maggie B. Hunt transferred to Edward Lee Hunt, dated May 8, 1969 by Robert L. Downing. 2. Plat of 2.0 acres, a portion of the Willie Henderson property deeded to Covesville First Baptist Church in D.B. 441-377, by Huffman -Foster Associates, dated May 13, 1969. 3. Plat showing Parcel "X" containing 2.0 acres being a portion of Parcel 23 as shown on Tax Map 128A(2). By Huffman -Foster and Associates, dated June 6, 1969. 4. Plat of 2.24 acres located S.E. of Critzers Shop in Samuel Miller District, Albemarle Co., Virginia, in the name of Jeffrey W. Chaffee, by Robert L. Downing, dated May 28, 1969. 5. Plat showing lot of land south of Covesville in Albemarle County, Virginia containing 2.67 acres. The parcel owned by Roy McClannahan to be deeded to adjacent. property by -Paul Saunders dated'April 18, 1969. 6. Plat showing lots "A" and "B", a division of the Hedgerow Corporation property on Orchard Road near Liberty Hills in Albemarle County, Virginia by Thomas D. Blue, dated May 9, 1969. 7. Plat of 2.51 acre tract west of State Route 604, 4 miles N.W. of Earlysville, Albemarle County, Virginia by Warren F. Wade dated May 3, 1969. 8. Plat of Parcels A and B, a redivision of two parcels belonging to Gordon 0. Tomlin located at Batesville, Albemarle County, Virginia by William S. Roudabush, Jr. dated April, 1969. 9. Plat showing Parcel A, a portion of property belonging to Marion E. Mawyer located at Covesville in Albemarle County, Virginia by William S. Roudabush, Jr., dated **✓ April, 1969. Page 241 10. Plat showing Lots A, B, and C, a division of 16.87 acres property belonging to F. Pierson Scott in Albemarle County, Virginia by William S. Roudabush, Jr., dated June, 1969. 11. Plat of "Deer Run" subdivison located on State Route 743 in Albemarle County near Earlysville, Virginia. Subject to bond. By Thomas D. Blue & Associates on April 27, 1967. 12. Plat showing Lot 3A and Lot 3B, a division of Lot 3, Tract "A", Northwoods, prepared by Frank A. Gregg in June, 1969. 13. Plat showing lot of land in Scottsville District of Albemarle County, Virginia and fronting on the west side of State Route 719 between Route 6 and South Garden. This plat was done at the request of Harry F. and Ruth B. Smith. Prepared by Paul M. Saunders, on June 26, 1969. 14. Revised plat showing 3.00 acres residence tract and 50' right of way, John L, Storm property, prepared by Huffman -Foster and Associates on June 20, 1969. There being no further business, the meeting was adjourned at 11:15 P.M.. Secretary i Page 242 JULY 14, 1969 The Albemarle County Planning Commission met on July 14, 1969 at 7:30 P.M. in the County Court House, Charlottesville, Virginia. Present were: David Carr, Vice -Chairman; Cecil Maupin, Henry Page, William Trevillian, William Perkins and Savory Amato. Also attending were Mr. Batchelor, County Executive and Mr. Lloyd Wood, member of Board of Supervisors. Absent were: Avery Catlin, Chairman and Rev. John Wright. The secretary established that a quorum was present. The minutes of July 7, 1969 will be presented at the August 4, 1969 meeting. At this time Vice -Chairman, Mr. Carr, acting as Chairman in the absence of Dr. Catlin, reported on the Planning Commission's committee charged with reviewing Conditional Use Permit 110, Robert B. Albee. The secretary read twelve conditions which the committee considered after their field inspection of the development. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Page which was adopted unanimously by those members present that CU-110 in the name of Robert B. Albee, be granted subject to the following conditions: 1. That a 10 foot high fence be constructed and main- tained paralleling U.S. Route 250 right of way strong enough to support and utilize the existing honey suckle which is to be utilized as a screen. 2. That three rows of seedlings be planted south and parallel to the recommended 10 foot fence in keeping with the State Division of Forestry's recommendations. 3. That deceleration and acceleration lanes be constructed in conjunction with the activity for 100 feet in length, at the entrance onto Route 250 West or in keeping with the Highway requirements for such facilities, whichever is greater. 4. That the approval of this campground facility be *46wsubject to Virginia Department of Highways approval on placement of entrance. Page 243 5. That the width of the entrance be 50 feet which is to be paved and is to run for a depth of 80 feet from the edge of the pavement within the right of way of 250 West. 6. That 24-hour supervision be made available for the activity during the season of operation. 7. That the access road be paved from the entrance onto the facility, to and around the main building as shown on the site plan submitted. 8. That trees and/or seedlings be planted for shade and convenience of campers as soon as possible where none exists. 9. That the approval of the activity be subject to City -County Health Department approval on sanitary facilities. 10. Other access road other than the road mentioned under Item 7 be paved or provided with a dust proof surfacing and maintained with such treatment. 11. Any addition to the existing proposed facility as shown on the site plan as submitted under Phase II shall be reviewed by the Commission prior to development. 12. In all cases the activity shall adhere to the more restrictive requirements, be they the County of Albemarle's or Safari Campgrounds of America, Inc.. The Planning Commission instructed the secretary to inform the Highway Department to investigate traffic conditions as soon as possible for possible sign or signal treatment in the immediate area of the proposed campgrounds on 250 West. At this time the Vice -Chairman called for site plan review of Monticello Motors. The secretary informed the Commission that site plan had not been filed in sufficient detail for the second time and requested deferral. The Commission, in granting the deferral noted that non- compliance with the zoning regulations regardless of good intention is of deep concern to the Planning Commission. Deferral was granted. Site Plan of R. E. Lee for office, warehouse and storage facilities on State Route 743, north of Albemarle High School. Page 244 After a general discussion, Mr. Perkins made the following motion seconded by Judge Amato, that site plan by R. E. Lee be approved as submitted subject to a 70 foot setback of building construction from the right of way of Route 743 to accommodate future improvements. At this time the secretary informed the Commission of the desires of the Virginia Department of Highways, Traffic and Planning Division, to enter into an agreement with the City of Charlottesville and the County of Albemarle to provide for a continuing Comprehensive Thoroughfare Planning Process fro the development and maintenance of long -ranged highway plans and programs. The secretary elaborated on the contents of a draft agreement stating that this would be in keeping with the Commission's desire to update the existing Charlottesville - Albemarle Transportation Plan which was requested by the Commission approximately one year ago. After a discussion, Mr. Perkins made the following motion seconded by Mr. Trevillian which was unanimously adopted by those present that the Board of Supervisors be informed of the Plannings Commission's desire to accomplish with objectives as presented by the agreement submitted by Virginia Department of Highways and that when the opportunity affords itself to enter into this agreement. The Planning Commission recommends that the Board cooperate in the accomplishment of the continual Thoroughfare Planning Process. There being no further business, the meeting was adjourned to view a planning film presented by the staff. Page 245 AUGUST 4, 1969 The Albemarle County Planning Commission met on August 4, 1969 at 7:30 P.M. in the County Court House, Charlottesville, Virginia. Present were: David Carr, Vice -Chairman; Cecil Maupin, Henry Page, William Trevillian, Rev. John Wright, and Savory Amato. Also attending was Mr. Lloyd Wood, member of Board of Supervisors. Absent were: Avery Catlin, Chairman and William Perkins. The secretary established that a quorum was present. The minutes of July 7 and 14, 1969 were approved as submitted. The Chairman, Dr. Avery Catlin, being absent, Mr. Dave Carr, Vice -Chairman assumed the Chairmanship. At this time he called for the public hearings scheduled. 1. ZMP-076. Albemarle Livestock Market. To rezone 28 acres from M-1 Manufacturing to A-1 Agricultural. Located south and adjacent to City of Charlottesville on Franklin Street. Assessment Map 77, Parcel 21, Charlottesville Magisterial District. At this time Mr. Maupin requested to be excused from the proceedings for reasons of being a member of the Board of Directors of the Albemarle Livestock Market. Mr. Page also requested to be excused from the public hearing for reasons of being a stockholder. After a discussion by the Commission, it was the consensus of the members of the Commission, Mr. Maupin and Mr. Page excluded, that they should remain and participate in discussion and voting on the subject zoning petition. Mr. Trevillian made a motion to this effect seconded by Judge Amato. It was approved by a 4 to 0 vote with two abstaining. At this time, Mr. Stephens, representing the Albemarle Livestock Market for rezoning, presented his case stating in summary that reason for the rezoning was (1) to alleviate possible tax burden, (2) the characteristics of the land does Page 246 not blend itself well with M-1 zoning, (3) Albemarle Live- stock Market was unaware they were zoned M-1. After a general discussion, Mr. Amato made the follow- ing motion seconded by Mr. Page that ZMP-076 be approved as submitted which was approved by a 4 to 2 vote. Reasons given by the Commission for granting were (1) an alleged error in the original zoning map based on the present operations of the subject land. 2. ZMP-077. M. W. Schuyler and Mary Jean Printz. To rezone 46.34 acres from Business B-1 to Agri- cultural A-1. Located on Route 20 (Stony Point Road) approximately a quarter of a mile north of Route 250 W. Assessment Map 78, Parcel 8 and 58I. Charlottesville Magisterial District. Mr. Fishburne, Attorney representing the applicants, expounded on the merits of the rezoning stating that Mr. Schuyler was unaware his land was zoned B-1 and that the present activity conducted on the subject parcel is agri- cultural, that of raising cattle and feed. Mr. Schuyler informed the Commission that the subject land had been utilized as an agricultural use in the past 40 years. After a general discussion by the Commission, Mr. Page made the following motion seconded by Mr. Trevillian which was approved by a 6 to 0 vote that ZMP-077 be approved as requested. The Commission in approving the application did so for the following reasons: (1) Subject land was prematurely zoned on the original zoning map and in their opinion was an error. 3. ZMP-072. Pauline Harlow. To rezone 20 acres from A-1 Agricultural to R-2 Residential to construct duplexes. Located on Route 702, one-half mile west of U.S. 29 South. Described as Assessment Map 75, Parcel 61, Charlottesville Magisterial District. It was ascertained at the beginning of the public hearing that proper advertisement had not been afforded for all property owners by the applicant and the Planning Commission ascertained this to be correct therefore, could not hear the application. The Commission instructed the applicant and staff to reprocess the application for the September 8, 1969 meeting of the Planning Commission. Page 247 4. ZMP-073. Kermit W. Parrish. To rezone 2.11 acres from Agricultural A-1 to Residential R-1. Located on State Route 664 near the Green County line. Described as Assessment Map 8, Parcel 35A, Whitehall Magisterial District. Mr. Parrish presented his case for the rezoning. During the course of the public hearing, it was the opinion of the Commission that the problem of Mr. Parrish involved in the subject rezoning application would best serve the County and Mr. Parrish under a variance or special exception from the Board of Zoning Appeals. With this in mind the Commission unanimously deferred ZMP-073 until such time an application can be made and heard by the Board of Zoning Appeals on this matter. 5. ZMP-074. Winston Wood. To rezone 5.5 acres from Agricultural A-1 to Residential R-1, Located on Route 660, south of Route 743 in the Earlysville area. Assessment Map 31, Parcel 14C. Rivanna Magisterial District. Mr. Wood presented his case for the rezoning stating his desire to construct single family dwellings in the number of eight to ten units. After a general discussion, Mr. Amato made the following motion seconded by Mr. Maupin which was approved unanimously that ZMP-074 be approved as submitted in keeping with the staff's report. 6. CU-112. Rivanna Estates Limited by Wayne Green. Application has been made to locate a mobile home park on 261.8 acres of land located on east side of Route 29 North near Camelot. Assessment Map 33, Parcels 1B, 1F, 13, 14, 15 and 16 (a part thereof). Rivanna Magisterial District. Mr. Bill Heischman and Mr. Morris Foster, Engineers, presented the application for 200 mobile home spaces. After a general discussion on the staff's recommendations by the Commission and applicant, Mr. Maupin made the following motion seconded by Mr. Trevillian that CU-112 be approved subject to the following conditions: 1. That the entrance road extending easterly from Route 29, be constructed and maintained to State Standards for Page 248 dedication at a future date for a distance of 3,800 feet. The staff is of the opinion that the density proposed and the best interest of the future resi- dents would best be served if this is accomplished. This dedication to be shown in a revised plat. 2. That the approval be subject to an agreement between the County and the developers for County sewer and water and the installation thereof. 3. That a revised site plan showing inclusion of Tot lots strategically located and in sufficient number to cater to the needs of children. 4. That all other internal roads be paved with a dust proof surfacing and maintained for a width of 25 feet. 5. That a revised site plan showing methods of providing recreational facilities for the adult population. 6. That the plan as submitted with this application and as revised by the conditions placed be adhered to in all respects. Conservation Recommendations 1. Preserve as much of the natural vegetation as possible on all sloping areas, with special emphasis on dogwood, redbud, and the more desirable trees. 2. Use incremental development rather than breaking large areas of land simultaneously. This will help minimize soil erosion and greatly reduce siltation damage downstream. 3. Stockpile topsoil so it can be used later on areas to be stabilized by permanent vegetation. 4. Where land is to be bare (vegetation removed) and exposed to erosion for an indefinite period, it should be seeded to temporary cover immediately after rough grading is completed. 5. Special care should be given to seeding and mulching all road fills, shoulders and ditches as soon as grading is completed. 6. Establish vegetation on all areas immediately following completion of final grading, where practice is appli- cable. Motion was approved unanimously. Page 249 7. Use Permit. Michael W. Worley. Applicant has petitioned the Board of Supervisors to amend the Permitted Use Section of the R-2 Residential District (Article 4-1) to permit private schools for ballet instructions as authorized under Article 10-4 of the Albemarle County Zoning Ordinance. The staff presented his report which in summary stated that such schools should only be permitted if deemed proper by the policy making Board, no higher in the more restricted zones than the most dense residential zone, in this case, the County's R-3 Residential District, Mr. Worley presented his case to amend the permitted uses of the R-2 zone. It was ascertainedduring the course of the presentation of the use permit that there would be approximately 180 students involved in the location of the ballet shcool which has caused this use permit to be applied for. Those appearing in opposition were Mrs. Olivia Taylor, Henderson Heyward, and three others. A petition against the amendment was presented with 33 signatures on it. After a general discussion, Judge Amato made the follow- ing motion seconded by Rev. Wright which was unanimously approved that the Use Permit in the name of Michael Worley be denied. The Planning Commission did so for the follow- ing reasons: (1) The requested use did not fit the intent of the R-2 Residential District thereby being considered incompatible with the existing uses of the R-2 zone. (2) The Planning Commission also instructed the staff to further evaluate the need for such schools in the R-3 Residential District and report back his findings for consideration by the Commission. 8. Special Permit-05. Cecil Gribble. To locate a mobile home on 5 acres in the Woodridge area. Located on Route 618 approximately one-half mile north of Woodridge. Assessment Map 115, Parcel 47 (a part thereof), Page 250 Mr. Gribble presented his case for the location of a mobile home after which a general discussion was held by the Planning Commission. Following the discussion, Mr. Maupin made the following motion seconded by Mr. Page that SP-05 be approved as submitted in keeping with the staff report. PLATS APPROVED ADMINISTRATIVELY: I. By Higgs and Shumate, Engineers, Waynesboro, Virginia A. H. H. Tiffany Development, Greenwood, Virginia. 2. By R. 0. Snow, C.E.: A. Plat of Parcels "E", "F", "Z", Parcel "C" (revised) and new location of 50 foot R.O.W. on St. Rt. 601 and 676, at Woodson"s Store, Albemarle Co., Va. B. Plat of Parcels A, B and 25' strip. A division of Lots 16 and 17, on plat recorded in D.B. 190-506 Albemarle County, Virginia. July 28, 1969. 3. By Frank A. Gregg, C.E.: A. Plat showing 2.17 acres being part of land Parcel 7-59 located north of State Route 810 near Boonesville. 4. By Thomas D. Blue, C.E.: A. Plat showing Parcel "X" a portion of the Irene Wood property which is to become part and parcel of Horace Daniel lot located on Rio Road in Albemarle County, Virginia. June 17, 1969. 5. By Huffman -Foster and Associates: A. Plat showing water treatment plant site in Camelot Subdivision. B. Revised plat showing 3.00 acres residence tract and 50 ft. right of way, John L. Storm Property. June 20, 1969. C. Plat showing 1,23 acres of land owned by Simco Inc. July 14, 1969. D. Plat showing exchange of land between Charles W. Hurt and Blue Ridge Swim Club. July 15, 1969. E. Revised plat showing 1.547 acres parcel situated on the north side of U.S. Route 250, one mile east of Charlottesville, being a portion of 103.4 acres in D.B. 301, P.'207. June 10, 1969. Page 251 F. Plat showing division of 10,96 acres parcel of land situated on U.S. Route 250 standing in the name of O'Neill Enterprises, July 31, 1969. G. Plat showing 1.655 acres of land owned by Guy A. Via to be added to the property of Ottis Lee Morris. July 16, 1969. 6. By William S. Roudabush: A. Phase I, Berkeley Hills Development, Rio Road, Route 29 area, 10 acres. 7. By Warren F. Wade: A. Plat of Lots 1, 2 and 3 on State Route 675, a division of 3.82 acre tract near Whitehall, Albemarle County. B. Plat of 1.0 acre tract on State Route 620 0.2 miles north of Woodridge, Albemarle County. PLATS FOR PLANNING COMMISSION APPROVAL: A plat involving 3 acres on Rio Road was presented for review and comment by the Planning Commission. The staff informed the Commission that the proposed division of land was involved in the adoption of the Charlottesville -Albemarle Thoroughfare Plan. Mr. Morris Foster appeared as Engineer and land surveyor for the prospective buyers of the 3 acre tract. The Commission instructed Mr. Foster to relay what the Planning Commission would expect regarding dedication of rights of way and building setback lines that being a minimum of 25 feet dedication from the center line of Rio Road and 80 ft. setback from the edge of pavement. SITE PLANS: Monticello Motors, Inc.. The staff —presented a site plan of Monticello Motors located on Route 29 North informing the Commission that the structures as shown on the site plan did not conform to the minimum rear yard requirements in a B-1 zone and with the established policy of the Commission regarding setbacks from primary highways. The Commission instructed the staff to inform Monticello Motors that they Page 252 would be expected to comply in all cases with the minimum requirements in a B-1 zone and with the policy of setbacks on primary highways. The Commission noted that the activity was already in operation and further instructed the staff to order immediate compliance with the requirements. It was the unanimous consensus of the Commission that this be done. Wayland` Machinery Company. Site plan was approved as submitted. At this time the secretary informed the Chairman that the next regular meeting of the Planning Commission in September falls on a holiday and requested the Commission to establish whether or not they would meet on that date or select an additional date. Mr. Trevillian made the following motion seconded by Judge Amato that the first meeting in September be rescheduled for September 8, 1969. The motion was carried unanimously. There being no further business, the meeting was adjourned. Page 253 AUGUST 18, 1969 The Albemarle County Planning Commission met on August 18, 1969 at 7:30 P.M. in the County Court House, Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice - Chairman; Cecil Maupin, Henry Page, William Trevillian, Rev. John Wright, William Perkins, and Savory Amato. Also attending was Mr. Lloyd Wood, member of Board of Supervisors. The secretary established that a quorum was present. The minutes of August 4, 1969 were approved as submitted. A. Site Plans: At this time the staff presented a site plan for the proposed addition to Ole Salem Apartments stating that approval was for 222 new apartment units, that it complied with the zoning requirements and had been reviewed by the County Engineer. Mr. Carr at this time commented on the need to alleviate traffic congestion in the area stating that in his opinion a deceleration lane was needed on Barracks Road to provide access into the western most entrance of the project. Discussion followed on traffic conditions and drainage problems. A member of the public appeared and being an adjacent property owner spoke on the closeness of the proposed tot lot to the property line. After a general discussion, Mr. Perkins made the following motion seconded by Mr. Carr that the Chairman appoint a committee to review the site and report back to the full Commission at its next regular meeting with possible recommendations. The motion was approved unanimously. The Chairman appointed Mr, Trevillian as Chairman, Mr. Carr and Mr. Perkins. The committee members are to review the site. A date for the review of the site was set for 3:00 P.M., August 20, 1969. At this time the staff presented the proposed addition known as Phase II of Westgate Apartments on Hydraulic Road. After a general discussion, Mr. Amato made the following Page 254 motion seconded by Rev. Wright that the committee established to review the addition to Ole Salem Apartments also review the site of the addition to Westgate for possible recommendations to the full Commission at its next regular meeting. Drainage conditions brought out during the discussion also to be the primary concern in the review. B. Subdivision Plats: At this time the staff presented Phase I of the Berkeley Hills Planned Community stating that the subdivision known as Phase I, Berkeley Hills complied with the master plan as adopted. However, a waiver from the requirements for a 100 foot radius cul-de-sac was in order. After a general discussion, Mr. Perkins made the following motion seconded by Mr. Carr that Phase I, Berkeley Hills Planned Community be approved with a waiver to 80 feet for all cul-de-sacs and with the following conditions: (1) review and approval of utility plans by County Engineer, (2) street plans approved by Highway Department and bond submitted to County covering construction of streets, (3) approval of Home Owners agreement regarding disposition of open and common area space. It was noted that Mr. William Roudabush presented a revised plat showing some realignment of utility lines and a new easement from the 60 foot internal road to a lot crossing the common green area. The motion was approved unanimously. The staff reported that during regular work hours Mr. Ernest Sullivan appeared in the Planning and Zoning Office to contest this proposed subdivision of Retha Morris Herring. It was Mr. Sullivan's contention that the survey plat as it relates to the southern most boundary was incorrect based on his information and deed referring to his land holdings. The secretary stated that the proposed subdivision as presented required a waiver from the 50 foot minimum access easement and that no means of providing a recorded access from the subdivision to Route 601 was shown on the proposed plat to insure proper ingress and egress. Page 255 After a general discussion, Mr. Trevillian made the following motion seconded by Mr. Carr that the proposed subdivision of Retha Morris Herring be denied on the basis of inadequate access of the subdivision to a public dedicated street. Motion was approved unanimously. The secretary presented a plat of R. W. Proffit cutting off a one acre tract from a 3 acre parcel. The secretary reported that a waiver from the required 50 foot access easement was in order for approval. Plat shows a 25 foot access easement. After a general discussion, Mr. Carr made the following motion seconded by Mr. Trevillian that the subdivision known as R. W. Proffit Subdivision be approved with a 25 foot waiver from the required 50 foot access easement. The motion carried by a 7 to 1 vote. C. Plats Approved Administratively: By 0. R. Randolph, C.L,S.: 1. Plat of Parcel "A", 2.89 acres and parcel "B", 0.13 acres on State Route 53 about 5 miles southeast of intersection of Route 795 for Corinne Garland Payne. By J. Earl Barnett, C.E.: 1. Plat showing the division of two parcels of land, Tax Parcel 92-55(5) into Parcels "A" and "B" and Tax Parcel 92-55(7) into Parcels "C" and "D", situated south of Route 53. Property of Charlie T. Parrish. By Thomas D. Blue, C.L.S.: 1. Plat showing two parcels of the property owned by the Virginia Commission for the Visually Handicapped located at U.S. Route 29 and I-64 in Albemarle County. 2. Plat showing Parcel "KI, a 2.53 acre portion of the Reuben Sprouse, Jr. property located on Route 29, North of Charlottesville. By William S. Roudabush, Jr. & Associates, C.L.S.: 1. Plat showing division of Lot 3, Block G, Section one, Ednam Forest into Lots 3A and 3B to be added to and become part of Lots 2 and 4 respectively, each containing 0.51 acres. Page 256 By R. 0. Snow, C.L.S.: 1. Plat of Parcel A, off State Route 708, about 2.5 miles west of State Route 20. For Pauline A. Norris. At this time the staff, upon request by Mr. Carr informed the Commission of the disposition of a zoning violation in the Greenwood area. At this time Judge Amato informed the Commission of his concern with the problem of drainage and particularly off - site drainage and made the following motion that the County Planner be instructed to develop an off -site drainage ordi- nance. Motion was seconded by Mr. Carr and approved unanimously. The secretary at this time informed the Commission of its preliminary investigation into the Berkeley -Westfield Neighborhood bounded by Route 29 North, Route 631 (Rio Road) and Route 743 (Hydraulic Road). The staff noted that preliminary investigations show that the population of this area of 700 acres is 10,000 residential population and 3,500 employment. At this time Judge Amato recognized Mr. Hathaway who was in attendance and questioned the secretary as to whether a site plan had been submitted for a development in the Berkmar Subdivision known as Jefferson Supply Corporation. The staff informed Judge Amato that a site plan had been received toolate to be considered by the Commission at this meeting and had been scheduled for the September 8, 1969 meeting. After a general discussion, the Planning Commission agreed to review the proposed development at this time. After a short recess during which the staff quickly evaluated the proposed development it was ascertained by the staff that the proposed building did not meet the front yard requirements in the M-1 zone and that information regarding drainage, location of off-street parking spaces and loading area were missing from the site plan. After a general discussion, Judge Amato made the following motion seconded by Mr, Page that the site plan of Jefferson Page 257 Supply Company be approved subject to the applicant's providing all necessary information to the County Planner and subject to the applicant's complying with all regulations as found in the zoning ordinance. The motion was approved unanimously. There being no further business, the meeting was adjourned. Page 258 SEPTEMBER 8, 1969 The Albemarle County Planning Commission met on September 8, 1969 at 7:30 P.M. with the following members present: Dr. Avery Catlin, Chairman; David Carr, Vice - Chairman; Rev. John Wright, Cecil Maupin, and Henry Page. Absent were: William Perkins, William Trevillian, and Savory E. Amato. Also attending: Mr. Lloyd Wood, member of Board of Supervisors and Mr. T. M. Batchelor, County Executive. The Chairman established that a quorum was present. The minutes of August 18, 1969 were approved as submitted, unanimously. The Chairman at this time called for the public hearings scheduled for 7:30 P.M. A. Use Permit. F. 0. Cockerille. Applicant has petitioned the Albemarle County Board of Supervisors to amend Article 2 of the County Zoning Ordinance, as it relates to permitted uses, under Article 2-1; to include wording permitting the location of temporary facilities, including storage of materials for use in highway construction during the period of such construction. The staff gave his report and recommendations for denial. Mr. H. H. Tiffany, attorney, representing F. 0. Cockerille presented his case for the request and submitted a petition signed by fourteen persons in favor of the request for storage of materials in an A-1 zone as petitioned by F. 0. Cockerille. Mr. F. 0. Cockerille and Mr. R. H. Hoffman, represented IRECO Chemicals Co. spoke on the compatibility and safety of the existing illegal activity on property of F. 0. Cockerille. At this time property owners adjacent and in the immediate area, in opposition, presented their case against the request. Those speaking in opposition were: Mr. Wittcop, Mr. John Wolf, Mr. Walter Scott, Herbert Stewart, Mr. Paul Dulaney, Mrs. Paul Dulaney and Silva Hayes. A letter from Mr. Wilson Doyle was submitted and read, in opposition to the requested amendment. Page 259 Mr. W. A. Young asked for clarification of the type of explosive and possible pollution of streams from said material. (Mr. Young was not in opposition.) The public hearing having been concluded, the Commission held a discussion after which Mr. Carr made the following motion, seconded by Mr. Wright that Use Permit by F. 0. Cockerille be denied in keeping with the staff report which was unanimously approved. Mr. Carr made the following motion, seconded by Mr. Page that the staff proceed with advertising for a public hearing to consider inclusion within the zoning ordinance (M-2 zone) storage of explosives and components thereof and needed highway related facilities in conjunction with highway construction in all zoning districts, as suggested by the staff in his report. The motion carried unanimously. It was the consensus of the Commission that a work session be held on the matter at the next meeting of the Commission scheduled fqX September 15, 1969. B. Special Permit.� Re Construction Company. Appli- cant has applied for, a Special Permit to permit the location of temporary Contractor's office, and concrete mixing plant and other facilities neicessary for the construction of Interstate 64. Property is located between Route 742 and Route 20, adjacent to the R/W of Interstate 64 and is described as Assessment Map 77, Parcel 12 (a part thereof). Charlottesville Magisterial District. The Commission was informed that this Special Perr;`:t request could not be heard for lack of a provision in the ordinance at this time. C. ZMP-072. Pauline Harlow. To rezone 20 acres from A-1 Agricultural to R-2 Residential to accommodate duplex units. Located on Route 702, one half mile west of Route 702 intersection with Route 29 South. Assessment Map 75, Parcel 61. Charlottesville Magisterial District. Mrs. Pauline Harlow presented her petition stating that her land was not agricultural. Mr. Henderson Heyward, adjacent property owner, spoke in opposition stating spot zoning, bac' I.opography as reasons. Page 260 The Commission held a discussion after which, Mr. Carr made the following motion, seconded by Mr. Page, that ZMP-072, Pauline Harlow be denied in keeping with the staff's recommendation and report, which was approved unanimously. D. ZMP-078. James E. and Catherine W. Payne. To rezone 9.39 acres from A-1 Agricultural to R-1 Residential for residential development. Located on Route 649, two miles east of Route 29 North. Assessment Map 46, Parcel 41. Rivai---r,a kagisterial District. Mr. Payne presented the petition stating it was their desire to sell off half acre to two acre tracts. No one appeared in opposition. After a general discussion by the Commission, Mr. Page made the follotAine, motion seconded by Mr. Carr that ZMP-078 be deferred until Commission members could view the site to ascertain the conditiLl cf the property relating to proper access. The motion carried unanimously. Mr. Payne was instructed to consult with Mr. Humphrey re9aad'r,c subdivision procedure. E. ZMP-079. Robert H. Green. To rezone 2.77 acres from A-1 Agricultural to RS-1 Residential. Located at Newtown near Greenwood and southeast of Route 690. Assessment Map 54, Parcel 14B-1. Samuel Miller District. Mr. Green was not in attendance. Mr. H. H. Tiffany ar(-.' F. 0. Cockerille being in attendance but not representing the applicant spoke on his behalf. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Carr that ZMP-079 be approved as requested, which passed unanimously. F. ZMP-080. W. R. Walker. To rezone 9.65 acres from Residential R-2 to M-1 Manufacturing. Located on east side of Hydraulic Road, Route 743, 1,800 feet south of the intersection of Route 743 and Route 631. Assessment Map 61, Parcel 20. Charlottesville Magisterial District. Mr. Philip Walker, representing the applicant, presented the petition for rezoning. He expounded on existing mixed land use in the area and an installation such as V.T.T. would not be out of conformity with the area. Page 261 Mr. Ed Lloyd, representing V.T.T. spoke on the proposed operation. Mr. Ernest Bannister, not a property owner in the area spoke in favor of the rezoning. Dr. Charles Hurt spoke in opposition on the basis of a spot zone. Mr. Ed Fleming spoke in opposition as a property owner in the immediate vicinity. After a general discussion by the Commission, Mr. Page made the following motion seconded by Mr. Wright, that ZMP-080 be denied in keeping with the staff report and recommendation, which was approved unanimously. G. ZMP-082 and ZMP-081. By resolution of the Albemarle County Board of Supervisors to rezone Parcel 58K, Assessment Map 78 containing 3.78 acres and Parcel 59A, Assessment Map 78 containing 17.5 acres from B-1 Business to R-3 Residential. Subject properties are owned by Herman H. Dorrier and Dr. Charles Hurt, respectively. Properties are located on the east side of Route 20 approximately 1/2 mile from the intersec;c,r cf Route 20 North with Route 250 East. Charlottesville Magisterial District. Mr. and Mrs. Dorrier and Dr. Charles Hurt appeared as property owners. Mrs. Dorrier stated that it was their wish that their, property be rezoned to A-1 Agricultural. They had no intention of selling for commercial venture. Dr. Hurt wished his property to remain as B-1 Business. He spoke of his efforts to plan properly for the area and disagreed. ► tP the staff report on an overabundance of commercial zoning. After a general discussion, Mr. Carr made the following motion, seconded by F:r. Maupin that ZMP-082 be rezoned from B-1 Business to A-1 Agricultural in keeping with the staff report and the owners desire, which was approved After a general discussion, Mr. Carr made the following motion seconded by Mr. Maupin, that ZMP-081 not be rezoned but left in the existing B-1 zone, which was approved unanimously. Page 262 H. The following Special Permits were approved unanimously by a proper motion and second in keeping with the staffs recommendations after conclusion of a public hearing on each item. 1. SP-06. E. N. Jackson. To locate a mobile home on 78 acres located on Route 657 (Old Lamb's Road). Assessment Map 44, Parcel 36. Charlottesville Magisterial District. 2. SP-08. Ernest and Ruth Bannister. To locate a mobile home on 3.75 acres located on Route 708, 4 miles west of Route 29 South. Assessment Map 74, Parcel 9. Samuel Miller Magisterial District. 3. SP-09. Joseph F. Thomas. To locate a mobile home on 2.0 acres located on Route 606. Assess- ment Map 32, Parcel 50. Rivanna Magisteriak District. 4. SP-10. Charlie Wells. To locate a mobile hone on 2.23 acres located on Route 643. Assessment Map 46, Parcel 98B, Rivanna Magisterial District. PLATS APPROVED ADMINISTRATIVELY. 1. By 0. R. Rancolph, C.L.S.: A. Plat of Parcel "A" and Parcel "B" located on State Route 627, about 1 mile N.E. of Esmont for Bobbie Loving dated August 11, 1969. 2. By Frank A. Gregg, C.L.S.: A. Plat showing Lot 21B, a part of Lot 21, to be added to Lot 22, Block B, Section three, Hessian Hills. Dated September, 1969. PLATS APPROVED BY PLANNING COMMISSION 1. By R. 0. Snow, C.L.S.: A. Plat of 3.708 acre parcel, a portion of Retha Morris Herring prop(.'y off State Route 601 and 2.5 miles east of Boonesville. Da-vC August 1, 1969. 2. A. Plat of H. H. Tiffany subdivision subject to temporary turn -around and the Board of Supervisors action on a private water system. Mr. Carr reported on a field inspection of Ole Salem Apartment Project and Westgate Apartment Project. Page 263 After a discussion, the Planning Commission took that following action regarding site plans. (1) Ole Salem Apartments, Phase II and III. Approved subject to fencing of all child playlots and deceleration lanes being constructed at each entrance into the project. (2) Westgate Apartments, Phase II. Approved subject to proper curbing being constructed at the entrance of Phase I to help alleviate the storm water problem on Hydraulic Road. There being no further business, the meeting was adjourned at 11:45 P.M. Sec: etary Page 264 September 15, 1969 The Albemarle County Planning Commission met on September 15, 1969 at 7:30 P.M. in the County Court House, Charlottesville, Virginia. Present were: Avery Catlin; Chairman; David Carr, Vice -Chairman; Cecil Maupin, William Trevillian, William Perkins, John Wright and Savory Amato. Also attending was Lloyd Wood, member of Board of Supervisors. Absent was: Henry Page. The secretary established that a quorum was present. The minutes of September 8, 1969 were approved as submitted. At this time the Chairman called for the public hearings. 1. ZMP-078. James E. and Catherine W. Payne. To rezone 9.39 acres from A-1 Agricultural to R-1 Residential for residential development. Located on Route 649, two miles east of Route 29 North. Assessment Map 46, Parcel 41. Rivanna Magisterial District. The rezoning petition was deferred from the September 8, 1969 meeting for a field trip to the site. After a report by the Chairman, Mr. Payne was consulted as to his wishes regarding the petition after having consulted with Mr. Humphrey relating to the subdivision of land. Mr. Payne, after a general discussion, requested that his petition, ZMP-078 be withdrawn. The Planning Commission, after a motion by Mr. Maupin, seconded by Mr. Carr unanimously approved the request for withdrawal of ZMP-078. 2. SP-11. James K. Weeks to place a mobile.home on 2 acres located on south side of Route 53. Tax Map 92, Parcel 55(3). Scottsville Magisterial District. After a discussion, Judge Amato made the following motion, seconded by Mr. Trevillian that SP-11 be deferred until the next regular meeting in October, which was approved unanimously. Page 265 3. SP-12. Lester F. Seal, Jr. to place a mobile home on 8.02 acres located on State Route 684. Tax Map 39, Parcel 17A(1). Whitehall Magisterial District. After a discussion, Mr. Trevillian made the following motion, seconded by Mr. Maupin, that SP-12 be approved subject to staff recommendations, which was approved unanimously. 4. CU-114. The City of Charlottesville has petitioned for a Conditional Use Permit to extend a gas line from an existing facility located south of Route 662 at the City Reservoir, to property owned by Murray Mfg. Co., Inc., located south of Route 660. The extension shall involve land described as Tax Map 30-17A, 30-18, 30-45 and Tax Map 31-19, 31-21, and 31-21A. Rivanna Magisterial District. After a discussion, Mr. Carr made the following motion, seconded by Mr. Trevillian that CU-114 be deferred until the next regular meeting in order that representation from the City could be present to present the permit and answer pertinent questions relating to the facility, which was approved unanimously. At this time the staff presented possible amendments to the Zoning Ordinance for the Commission's considerations, as listed below. I. Amendment to Article II A-1; IIA RS-1; III R-1; IV R-2; V R-3; VI B-1; VII M-1; VII M-1; VIII M-2. Special Permit. A temporary special permit may be granted and/or granted conditionally in such instances as the Board of Supervisors deems proper as being compatible with the use and nature of the adjacent properties for the following temporary highway related facilities for a period coinciding with any contract involving highway work, provided that safe and convenient access is available and adjacent properties are adequately protected. A. Temporary highway department inspector's office. B. Contractors office and equipment storage yards who have been awarded contracts by the Virginia Department of Highways. The above use shall not be construed to mean the storage or manufacture of explosives or explosive components. C. Contractors asphalt and concrete processing plants and aggregate storage who have been Page 266 awarded contracts by the Virginia Department '%WW of Highways. Applications for usch Special Permit shall be processed in the manner prescribed by Article 13 of this ordinance. After a general discussion, the Commission instructed the secretary to prepare wording as found below for fir° advertisement in connection with a public hearing to be heard on October 6, 1969. Special Permit. A temporary special permit may be granted and/or granted conditionally in such instances as the Board of Supervisors deems proper as being compatible with the use and nature of the adjacent properties for the following temporary construction facilities for a period coinciding with such construction work, provided that safe and convenient access is available, proper bonds for clean-up and provided adjacent properties are adequately protected. A. Temporary Highway Department Inspector's Office. B. Contractors Office and equipment storage yards for contractors who have been awarded contracts by the Virginia Department of Highways. The above use shall not be construed to mean the storage or manufacture or processing of explosives or explosive components. C. Contractors asphalt and concrete processing plants and aggregate storage for contractors who have been awarded contracts by the Virginia Department of Highways. Applications for such Special Permits shall be processed in the manner prescribed by Article 13 of this ordinance. At this time the Commission considered the staffs recommendations regarding a second amendment to the County Zoning Ordinance as follows: Amendment to Article 8, Industrial, General, District, M-2. Special Permit. A permanent special permit may be granted and/or granted conditionally in such instances as the Board of Supervisors deems proper as being compatible with the use and nature of the adjacnet properties for the storage, manufacturing, handling, use and sale of explosives and explosive components; provided that no facility shall be closer than 2,500 Page 267 feet from any inhabited building, including all places of assembly, passenger railways, and public highways, and provided further that the facilities shall be enclosed with atleast a six foot high chain fence, and provided further that the facility shall have continued twenty-four hour supervision, and provided further that evidence is submitted to the Board that proper permits have been obtained for the facility from the Virginia Department of Labor and Industry in keeping with the State's Rules and Regulations governing such a facility. No facility for burning of refuse material shall be placed so as to pollute any stream, creek or other water course. In addition, evidence of having acquired the appropriate permit from the State Corporation Commission for hauling explosives, shall be provided to the County. After a general discussion, the Commission instructed the secretary to prepare the amendment with wording as suggested by the Commission for their consideration at the next regular meeting. The amendment is concerned with the storage of explosives. At this time, Mr. Carr, as Chairman of the Road Committee, noted that the Committee was now undermanned due to the resignation of Dr. Marks. The Chairman reappointed Mr. Carr as member and Chair- man and appointed Mr. Trevillian and Mr. Wright as members of the road committee. Mr. Carr reported on what he considered a highly con- gested and unsafe traffic condition on Hydraulic Road west of U.S. 29 North. The Commission concurred with his observation and upon motion by Mr. Carr, seconded by Mr. lrevillian the Commission unanimously instructed the secretary to communicate with the highway department to obtain available information regarding plans for improvement of Hydraulic Road. The secretary at this time submitted copies of a report prepared by the Soil Conservation Service for their information. Page 268 Plats Approved: 1. By Huffman -Foster and Associates: A. Plat showing 2.00 acres portion of the C.L. Patterson property situated on State Route 626. 2. By. R. 0. Snow, C.L.S.: A. Plat of 0.256 acre parcel of land and 25' strip on State Route 664 about 2.0 miles N. W. of Earlysville. 3. By Warren F. Wade, C.L.S.: A. Plat of 2.013 acre tract on U. S. Route 29 near Cross Roads for Bernard W. Wood. There being no further business the meeting was adjourned. cretary �1 V Page 269 October 6, 1969 The Albemarle County Planning Commission met on October 6, 1969 at 7:30 P.M. in the County Court House, Charlottesville, Virginia. Present were: Avery Catlin; Chairman; David Carr, Vice -Chairman; Cecil Maupin and William Trevillian. Also attending were Mr. Lloyd Wood, member of Board of Super- visors and Mr. T. M. Batchelor, County Executive. Absent were: William Perkins, John Wright, Savory Amato and Henry Page. The secretary established that a quorum was not present. At this time the Chairman notified the public that due to the lack of a quorum,no action could be taken on the scheduled public hearings which would be held over until the October 13, 1969 meeting. The Chairman then with the consensus of those present allowed those interested parties in attendance to express their interest regarding the matters scheduled before the Planning Commission noting again that no action could be taken tonight. After the general public had concluded their presentation, other matters were discussed by those members present. It was the consensus of those members present that a letter be written to Mr. and Mrs. Cabaniss to ascertain progress relating to property ingress and egress off of Barracks Road into Ole Salem Apartments, and that the secretary communicate with the County Attorney to ascertain what remedies were available to the County regarding flagrant violations of the zoning ordinance. In addition, the secretary was instructed to report to the Commission at their next regular meeting on problems of enforcement of the County Zoning Ordinance. There being no further business, the meeting was adjourned. v Page 270 The Albemarle County Planning Commission met on October 13, 1969 in the County Court House at 7:30 P.M., Charlottesville, Virginia. Present were: Avery Catlin; Chairman; David Carr, Vice -Chairman; Cecil Maupin and William Trevillian, William Perkins, John Wright, Savory Amato and Henry Page. ` Also attending was Mr. Lloyd Wood, member of Board of Supervisors. Mr. Batchelor, County Executive was absent. The secretary established that a quorum was present. The minutes of September 15, 1969 were approved unanimously. At this time the Chairman called for the advertised public hearings. 1. ZMP-083. Harry J. Brown, Jr.. To rezone 5.37 acres from A-1 Agricultural to RS-1 Residential. Located on south side of Route 677 (Ballard Road) Immediately east of Ballard Wood Subdivision. Tax Map 59, Parcel 6A. Ivy Magisterial District. The staff presented his report in favor of the rezoning. 114� Mr. Brown, Jr. presented his petition. The secretary informed the Chairman that a petition had been filed in opposition to the rezoning, with 13 signatures. The Chairman noted that there were persons in attendance during the October 6, 1969 meeting who were in opposition to the request. After a general discussion, Mr. Maupin made the following motion, seconded by Mr. Trevillian that ZMP-083 be recommended for approval. The motion carried unanimously. In recommending approval the Commission did so in keeping with the staff's report. 2. SP-11. James K. Weeks. To place a temporary mobile home on 2.0 acres located on south side of Route 53, approximately one mile east of Route 795. Tax Map 92, Parcel 55-3. Scottsville Magisterial District. Mr. and Mrs. Weeks were in attendance. The staff read its report. After a discussion Mr. Trevillian made the following motion seconded by Mr. Wright that SP-11 Page 271 be approved for one year with the provision of renewal for one additional year if found necessary and subject to Health Department requirements for sanitary system. The motion carried unanimously. 3. SP-14. Luther A. Jones. To place a mobile home on 9.17 acres located on Route 726. Tax Map 136, Parcel 9B. Scottsville Magisterial District. The staff presented his report of approval subject to Health Department requirements. After a discussion, Mr. Maupin made the following motion, seconded by Mr. Carr that SP-14 be approved in keeping with the staff report. The motion carried unanimously. 4. CU-114. The City of Charlottesville has petitioned for a Conditional Use Permit to extend a gas line from an existing facility located south of Route 662 at the City Reservoir, to property owned by Murray Mfg. Co., Inc., located south of Route 660. The extension shall involve land described as Tax Map 30-17A, 30-18, 30-45 and Tax Map 31-19, 31-21, and 31-21A. Rivanna Magisterial District. Mr. Clyde Gouldman, City Attorney, presented the request, stating that the cost of tap in would be $140 for other users of the line; the capacity of the 6-inch line was 125 PS1, 30,000,000 cu. ft./day, and that present maximum usage found upon the coldest day was 15,000,000 cu. ft./day. He further stated that the rate policy for possible future use by County residents would be the City rate plus 5%. In addition he stated that land owners who had granted easements were entitled to a tap in by deed. Landowners outside would not be arbitrarily denied service. It would be up to the potential users to acquire the proper easements to the source. The Commission noted at the conclusion of Mr. Gouldman's presentation that it would be available to County residents. It was noted by Mr. Perkins that the City is agreeable to serve those within range and the capacity of the lines and that it would be a breach of faith not to serve, in view of the statements made tonight. Mr. Perkins further stated Page 272 that it was indicative that the City was accepting its responsibility as a Public Utility. Upon motion by Mr. Maupin, seconded by Mr. Carr CU-114 was approved unanimously as submitted. 5. Amendment to Zoning Ordinance. The Chairman at this time called for the public hearing involving the following proposed amendment to the zoning ordinance; To permit the following use in all zoning districts (Article II; IIA; III; IV; V; VI; VII; VIII) with a Special Permit. Special Permit. A temporary special permit may be granted and/or granted conditionally in such instances as the Board of Supervisors deems proper as being compatible with the use and nature of the adjacent properties for the following temporary construction facilities for a period coinciding with such construction work, provided that safe and convenient access is available, proper bonds for clean-up and provided adjacent properties are adequately protected. A. Temporary Highway Department Inspector's Office. B. Contractors office and equipment storage yards for contractors who have been awarded contracts by the Virginia Department of Highways. The above use shall not be construed to mean the storage or manufacture or processing of explosives or explosive components. C. Contractors asphalt and concrete processing plants and aggregate storage for contractors who have been awarded contracts by the Virginia Department of Highways. Applications for such Special Permits shall be processed in the manner prescribed by Article 13 of this ordinance. At the conclusion of the public hearing, Mr. Maupin made the following motion seconded by Judge Amato that the proposed amendment as advertised be recommended to the Board for approval. The motion carried unanimously. Page 273 At this time the Chairman called for the public hearing on a Special Permit of Rea Construction Company, 6. Special Permit. Rea Construction Co. To place temporary contractors equipment storage yard. Storage of aggregate and concrete processing plant and accessory facilities on land located fronting on Route 742, in the southeast quadrant of the intersection of Route 742 and I-64, in conjunction with the construction of Interstate 64. Tax Map 77, Parcel 12 (part thereof). Charlottesville Magisterial District. At the conclusion of the hearing and a discussion, Mr. Carr made the following motion seconded by Mr. Perkins that Rea Construction Company be granted a Special Permit for a period not to exceed December 31, 1970, with the provision that the land be put in as near a state as the termination of the activity, as it was prior to the location of the activity which involves relaying of top soil and seeding. At this time the Chairman called for the site plans scheduled for review and approval. A. Stromberg-Carlson. A 65,000 sq. ft. addition to existing facility on Route 29 North. Approved as submitted. B. Monticello Motors. New facility on 29 North. Approved as submitted subject to sign being placed to conform with the minimum setback requirements. C: Charlottesville Oil Company. An addition to existing service station at the intersection of Route 29 North and Greenbriar Drive. Approved as submitted. 7. Plats Approved Administratively: A. Plat showing 2.0 acres located on State Route 649 in the Rivanna Magisterial District and being part of land parcel 46-43 owned by Edward J. Brown. B. Plat showing Parcel A being a portion of the C. R. Moore property located on U.S. Route 250 near Shadwell in Albemarle County. C. Plat of 7 lots on State Route 635, a division of Gordon T. Burton property 2.5 miles south of Crozet. Page 274 D. Plat of 3 lots on State Route 688, a division of Gordon T. Burton property 2.5 miles south of Crozet. E. Plat showing an addition to property of Brooklea Inc.. Dated October, 1969 by W. S. Roudabush, Jr. Located on 29 N. (Property owned by Catholic Dioese of Richmond "Branchlands"). F. Redating of plat of Section II, Orchard Acres by W. S. Roudabush, Jr. dated September, 1967. 8. Amendment to Zoning Ordinance A general discussion was held on an amendment to the Zoning Ordinance involving the permitting of explosives within the County. After a general discussion, the Commission instructed the secretary to advertise for the public hearing the following amendment. To amend the Permitted Uses in the A-1 Agricultural zone. 2-1-26. Special Permit. Explosives and Explosive Components. A temporary special permit may be granted and/or granted conditionally in such instances as the Board of Supervisors deems proper as being compatible with the use and nature of the adjacent properties for the storage of explosives and explosive components; provided that no facility shall be closer to inhabited facilities than 1500 feet or the distance provided for under the "American Table of Distances for Storage of Explosives", whichever is greater, and the applicant has a bonafide contract with Virginia Department of Highways involved in the construction of improvement of a highway or road within the County. The site of the facility shall have safe and convenient access to and from the facility for storage and the site where the explosives are to be used and; provided further that the facility shall have continuous twenty-four hour special guards; and provided further that proper permits have been obtained for the facility from the Virginia Department of Labor and Industry and State Corporation Commission. 9. Committee Report. The Highway Committee is to follow up and answer a letter from the Highway Department regarding Hydraulic Road. There being no further business the meeting was adjourned. Secretary Page 275 NOVEMBER 3, 1969 The Albemarle County Planning Commission met on November 3, 1969 in the County Court House at 7:30 P.M., Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, William Perkins, Savory Amato and Henry Page. Also attending was Mr. Lloyd Wood, member of Board of Supervisors and Mr. T. M. Batchelor, County Executive. Absent were: William Trevillian and John Wright. The secretary established that a quorum was present. The minutes of October 13, 1969 were approved unanimously. At this time the Chairman recognized Mr. Rosser Payne, Planning Consultant, Albemarle County, who presented a status report on the preparation of the Comprehensive Plan for Albemarle County. At this time, the Chairman recognized Mr. Bernard Chamberlain who represented Corine G. Payne and Special Permit 15. Mr. Chamberlain requested the Mrs. Payne's permit be heard at this time instead of as placed on the agenda. It was the consensus of the Commission that this be done. 1. Special Permit 15. Corine G. Payne. Applicant whishes to place a permanent mobile home on 2.89 acres located on east side of Route 53, four miles east of Simeon. Described as County Tax Map 105,Parcel 40, Scottsville Magisterial District. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Carr that Special Permit 15 be approved subject to Health Department's approval for sanitary facilities. Motion carried unanimously by those members present. The Chairman at this time called for the public hearings in order of listing on agenda. Page 276 2. ZMP-086. Pauline Coles. To rezone 6.77 acres from A-1 Agricultural to R-1 Residential. Located on Route 20 North approximately one mile north of Key West Subdivision. Described as County Tax Map 62, Parcel 58. Charlottesville Magisterial District. The staff located the property and presented his report recommending that the R-1 category not be considered on this property but that consideration be given to the RS-1 zoning category. Mrs. Coles commented on her petition, after which a.general discussion was held by the Planning Commission. At the conclusion of which Mr. Perkins made the following motion seconded by Mr. Page that ZMP-086 be recommended for the RS-1 zoning category in keeping with the staffs report. The motion carried unanimously by those members present. 3. ZMP-087. Southgate L. and Catherine Wynne. To rezone 3.5 acres from B-1 Business to A-1 Agricultural. Located on the east side of State Route 20 North, approximately 600 feet north of Route 250 East. Described as County Tax Map 78, Parcel 58G (a part thereof). Charlottesville Magisterial District. The staff presented his report after which Mr, Wynne presented his petition. A lengthy discussion on taxes and highest and best use of land was held by the Commission. Upon conclusion of the discussion, Mr. Perkins made the following motion seconded by Mr. Carr that ZMP-087 be denied. Motion carried by a 5-1 vote. In denying the application, Commission noted that it was the opinion that the highest and best use of this property is B-1 Business considering its relationship with adjoining business areas and its location onto a primary highway in the County. They further noted that the down zoning of this property would not affect the appraisal of this property. 4. ZMP-088. Richard Hines. To rezone 2.294 acres from A-1 Agricultural to RS-1 Residential. Located near White Hall, on Stated Route 675 (Albemarle Lake Road) approximately one mile south of Route 614 (Barracks Road). Described as Tax Map 42, Parcel lOC(1). White Hall Magisterial District. Page 277 The staff presented his report after which Mr. Hines presented his petition. A general discussion by the Commission was held after which Judge Amato made the following motion seconded by Mr. Maupin that ZMP-088 be approved in keeping with the staffs report, Motion carried unanimously. 5. ZMP-089. Emery N. Skeen, To rezone 0.63 of an acre from A-1 Agricultural to B-1 Business. Located approximately 0.2 miles north of Scottsville Town Limits on Route 20. Described as County Tax Map 130A(l), Parcel 32. Scottsville Magisterial District. The staff presented his report after which Mr. Skeen presented his petition. After a general discussion by the Commission it was the consensus of the Commission that the property was precluded from being developed with new construction by virtue of the required setbacks from Route 20 and the rear property line and that consultation with Virginia Department of Highways was in order to ascertain probable or future alignment of Route 20 in this particular area. At the conclusion of the discussion, Mr. Carr made the following motion, seconded by Mr. Perkins that ZMP-089 be deferred for 60 days to permit the secretary to investigate the property as it may be involved in future road improve- ments. Motion carried with a consensus of the applicant and unanimously by those members present. 6. ZMP-090. Robert W. Lumpp. To rezone 5.38 acres from A-1 Agricultural to RS-1 Residential. Located on Route 20 North (Stony Point Road) approximately 1800 feet south of the intersection of Route 746 with Route 20. Described as County Tax Map 47, Parcel 26 (a part thereof). Rivanna Magisterial District. Mr. Humphrey presented the staff report recommending denial of the application. Mr. Lumpp presented his case stating he wished to develop rental houses on the property. After a general discussion, Mr. Perkins made the following motion seconded by Judge Amato. That ZMP-090 be recommended for denial. The motion carried unanimously. Page 278 7. ZMP-084. Ida Sandridge, To rezone 3.74 acres 11400w` from A-1 Agricultural to RS-1 Residential. Located south of Route 250 West at the intersection of Route 689 with Route 250. Described as County Tax Map 71, Parcel 4A. Samuel Miller District. The staff presented his report recommending approval after which Mrs. Sandridge presented her petition. After a general discussion by the Commission, Mr. Carr made the following motion seconded by Mr. Maupin that ZMP-084 be approved in keeping with the staffs report. Motion carried unanimously by those members present. 8. Special Permit 16. Wilbur H. Harrison. Applicant wishes to place a permanent mobile home on 2.0 acres located on Route 693, south of Batesville, described as County Tax Map 84, Parcel 69A (a part thereof). Samuel Miller Magisterial District. The staff presented his report and informed the Commission that the applicant had informed him of the inability of the applicant to be present at this meeting, After a general discussion regarding proper access and possible proper advertisement, Mr. Perkins made the following motion seconded by Mr. Maupin that SP-16 be deferred until November 17, 1969. The motion carried unanimously. The secretary was instructed to communicate with Mr. Harrison to ascertain whether or not this was a family arrangement or whether or not he was purchasing the property. 9. Special Permit 17. Lillian B. Ashby. Applicant wishes to place a permanent mobile home on 17.0 acres located off of Route 645 immediately south of Orange County Line. Described as County Tax Map 36, Parcel 41. Rivanna Magisterial District. The staff presented his report after which a general discussion followed by the Commission. Upon motion by Mr. Maupin, seconded by Mr. Page, Special Permit 17 was recommended for approval subject to Health Department's requirements for sanitary facilities. Motion carried unanimously by those members present. Page 279 10. CU-116. Robert Albee. To locate a campground for travel trailers on land described as Assessment Map 71, Parcel 3, containing 47.11 acres in an A-1 zone. Located 0.5 miles west of Yancey Mills near Interchange of I-64 and Route 250 West. Samuel Miller Magisterial District. The staff presented a report stating the reasons for the resubmittal of an application for a camper trailer ground previously heard by the Commission at an earlier date. After a general discussion, Mr. Perkins made the following motion seconded by Mr. Carr that CU-�116 be approved subject to the following conditions. A. That four foot trees be planted along the R/W of Route 250 West and that the existing honey suckle fence be maintained. B. That a deceleration lane be constructed in conjunction with the activity for a 100 foot length, at the entrance onto Route 250 West, or in keeping with the Highway requirements for such facilities, whichever is greater. C. That the approval of this campground facility be subject to Virginia Department of Highways approval on placement of entrance and the width and construction thereof. D. That 24-hour supervision be made available for the activity during the season of operation. E. That the access road from the entrance onto the facility, to the office facility be paved and maintained. All other access roads are to be provided with a dust -proof surfacing and maintained. F. That trees be planted for the shade and convenience of the campers where not existing, primarily north of Stockton Creek. G. That the approval of the activity be subject to City -County Health Department approval on sanitary facilities. H. Any addition to the existing proposed facility as shown in the site plan as submitted with this application shall be reviewed by the Commission. I. In all cases, the activity shall adhere to the more restrictive requirements, be they the County of Albemarle's or Safari Campgrounds of America, Inc.. Page 280 J. That a 60 foot buffer strip be provided on the west, south and east property lines which is to be maintained. No utilities, facilities or cutting of trees within the 60 foot buffer strip shall take place. The motion carried unanimously by those members present. 11. Amendment to the Albemarle County Zoning Ordinance. Amendment to the Permitted Uses in an A-1 Agricultural zone. 2-1-26. Special Permit. Explosives and Explosive Componenets. A temporary special permit may be granted and/or granted conditionally in such instances as the Board of Super- visors deems proper as being compatible with the use and nature of the adjacent properties for the storage of explosives and explosive components; provided that no facility shall be closer to inhabited facilities than 1500 feet or the distance provided for under the "American Table of Distances for Storage of Explosives", whichever is greater, and the applicant has a bonafide contract with Virginia Department of Highways involved in the construction of improvement of a highway or road within the County. The site of the facility shall have safe and convenient access to and from the facility for storage and the site where the explosives are to be used and; provided further that the facility shall have continuous twenty-four hour special guards; and provided further that proper permits have been obtained for the facility from the Virginia Department of Labor and Industry and State Corporation Commission. A general discussion followed. Mr. Paul Dulaney, resident of the Greenwood area spoke to the amendment stating his opposition to the proposed wording and one other gentlemen appeared in opposition. After a lengthy discussion, the amendment was tabled by the Commission and the secretary was instructed to communicate with the County Attorney to ascertain whether or not storage of dynamite in connection with farm activity and construction activitie§ can be construed to be under the definition of agricultural use and to ascertain the necessity for providing Page 281 r' 1/! _ ; '. for the sale of explosives or explosive components. The secretary was also instructed to ascertain whether or not a broadening of the ordinance is needed to provide for temporary storage of explosives and explosive components in connection with construction. 12. Plats for Planning Commission Approval. (A) The staff presented plat showing a division of 9.39 acre tract located west of State Route 649, for James E. Payne dated October 3, 1969. The plat was before the Commission for the granting of a restricted street or access easement to serve four 2 acre lots. After a discussion, Mr. Maupin made the following motion seconded by Mr. Amato that the subject plat be approved as submitted with the restricted street, The motion carried by a 5-1 vote. (B) Plat of Parcel C, D, E off State Route 676 north of Ivy for Edgar C. Lawson dated October 28, 1969 by R. 0. Snow. The staff reported that the plat was before the Commission for the granting of an extension of an existing 50 foot access easement to serve 3 parcels of land ranging from 12 to over 20 acres. Motion by Mr. Carr seconded by Mr. Page, the plat was approved unanimously. (C) Subdivision plat, Section 4, Key West dated October 24, 1969. Staff presented his report after which a lengthy discussion was held by the Commission regarding proper access into the existing subdivision of Key West, as well as the proposed Section 4. Mr. Jack Schwab, Mr. Tom Blue representing owners of the land were present. Upon motion by Judge Amato seconded by Mr. Perkins the subject plat was deferred until November 17, 1969. The secretary and County Executive were requested to establish a meeting between the developers and the Virginia Department of Highways to obtain valid information regarding possible inclusion of the existing street system in Key West into the State Secondary System. Motion carried unanimously. 13. Plats Approved Administratively. A. By 0. R. Randolph, C.L.S,: 1. Plat of Parcel 1, property of J. L. Meem and Parcel 2, property of Lester J. Cappon, and a 40 foot right of way, off State Route 676 about 4 miles N.E. of Ivy, for J. L. Meem dated 9-26-69. Page 282 2. Plat of Parcel C-1, 2.955 acres, Parcel C-2, 2.928 acres, Parcel C-3, 0.130 acres and Parcel C-4, 0.088 acres. A portion of a 66.30 acre tract described in D.B. 307-425 fronting on State Route 601 opposite Farmington. For A. Ward Sims and Carol C. Sims. Dated 10-10-69. B. By Warren F. Wade, C.L,S.: 1. Plat of 2.74 acre tract, on State Route 601, 4 miles north from Free Union. For Herbert L. Morris, dated October 14, 1969. 2. Plat of 2.00 acre tract on State Route 795 near Blenhiem for Herbert Spradlin, dated October 2, 1969. 3. Plat of 2.00 acre tract on State Route 795 near Blenhiem for Herbert spradlin, dated October 22, 1969. 4. Plat of Parcels A and B near U.S. Route 29 for T. J. Craddock, dated September 20, 1969. C. By R. 0. Snow, C.L.S.: ,,,W 1. Plat of Lots 1, 2 and 3, between Deer Path and U.S. Route 29A, in Bellair, for Hedgerow Corp., dated February 24, 1969 to be redated October 15, 1969. 2. Plat of Parcels X, Y, Z and Va. Tel. and Tel. property in Crozet dated October 21, 1969. D. By Thomas D. Blue, C,L.S.: 1. Plat showing Parcel "X", a portion of water supply Lot No. 3 of Block "D", Section Six of Hessian Hills, dated May 16, 1967 to be redated. E. By William S. Roudabush, C.L.S.: 1. Plat showing five lots for J. Hubert Carver at intersection of Route 240 and 680 near Crozet. There being no further business, the meeting was adjourned. Secretary Page 283 NOVEMBER 17, 1969 The Albemarle County Planning Commission met on November 17, 1969 in the County Board of Supervisors meeting room, at 7:30 P.M., Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, William Trevillian, and John Wright. Also attending was Mr. Lloyd Wood, member of Board of Supervisors and Mr. T. M. Batchelor, County Executive. Absent were: Henry Page and William Perkins. The secretary established that a quorum was present. The minutes of November 3, 1969 were approved unanimously. At this time the Chairman called for Item 9 on the agenda - Clarification on conditions imposed on the Conditional Use Permit of Robert Albee. New facts were presented by the staff and Mrs. Albee regarding the 60 foot buffer. It was found that some utilities already exists within the 60 foot buffer and that the 60 foot buffer was interferring with the proper location of the facility. Mr. and Mrs, Albee requested that reconsideration be given to reducing the 60 foot buffer to a 30 foot buffer. After a lengthy discussion, Mr. Carr made the following motion seconded by Mr. Maupin that the secretary be instructed to inform the County Board of Supervisors that after considering the new facts and information presented to them at this meeting that consideration be given by the Board to reducing the 60 foot buffer to a 30 foot buffer as listed under condition "J". The motion carried by a 5 to 1 vote. The Planning Commission in requesting this review found that the 30 foot buffer would appear to be sufficient to provide for a screen around 3 sides of the property; that the 60 foot buffer was somewhat of an arbitrary width. Page 284 At this time the Chairman recognized Mr. Rosser Payne, Planning Consultant for the County, who presented a schedule for work element presentation under the 701 Comprehensive Plan. In presenting the schedule Mr. Payne noted that if a referendum is held in January on merger some of the mechanics relating to the Comprehensive Plan may change, notably the way in which the present city planning program would be considered by the County. He further noted that he would present a generalized planned concept in rough form in February for Planning Commission review. He also stated that between January and June of 1970 it is expected that there will have to be monthly sessions on the Comprehensive Plan. And after that there would probably have to be bi-monthly meetings. The Commission requested that Mr. Payne obtain copies of the Fauquier Plan for their review and information, At this time the Chairman called for Special Permit 16, Wilbur Harrison. This hearing was continued until November 17 from November 3 to receive additional information. The secretary referred the Commission to a letter dated November 6, 1969 from Mr. Harrison, in answer to his inquiry. The letter stated that the land on which the mobile home was to be located would have 710 feet of road frontage on Route 693, thereby providing for access to a public street. After a general discussion, Mr. Maupin made the following motion seconded by Judge Amato that Special Permit 16 be approved subject to Health Department requirements for sanitary facilities. Motion carried unanimously by those members present. At this time the secretary presented a letter from Mr. Robert Warner, Resident Highway Engineer, regarding suggested access improvment to Hessian Hills and Ole Salem Apartments, on Barracks Road. It was the consensus of the Commission that while the letter supplied most of the information requested that possibly a personal visit by the Commission's Road Committee was in order to clarify present highway policy regarding deceleration lanes and Page 285_ in particularly the one proposed by the Commission in connection with the access to Ole Salem Apartments. At this time the secretary presented the staff's proposal for an amendment to the County Zoning Ordinance to permit temporary storage of explosives. It was the consensus of the Commission that the proposed wording as found below be reviewed by the County Attorney prior to scheduling for public hearing. The subject amendment would be placed as a Permitted Use in the A-1 zone, "Customary storage and use of dynamite as accessory use to a farm activity; and necessary storage and use of explosives and components on site of a construction project for the duration of said construction only, subject to proper permits approved by the Virginia Department of Labor and Industry." At this time the staff presented its proposed wording for an amendment to the Uses Permitted in all zones relating to public utilities. After a general discussion, the following wording was approved unanimously by the Commission and instructed the staff to proceed with public hearings. A-1 RS-1 R-1 R-2 R-3 B-1 M-1 M-2 Public Utilities: Poles, lines, transformers, pipes, meters and related or similar facilities; water and sewerage distribution 1 i n e s . . . . . . . . . . . . . ZP ZP ZP ZP ZP ZP ZP ZP Public Utilities: Oil and gas transmission pipelines and pumping stations, micro -wave and radiowave transmission and relay towers and sub- stations, public water and sewer transmissions; main or trunk lines and treatment facilities, and pumping stations, electrical power substations . . . . . . . . . . Public Utilities: Unmanned telephone exchange centers CU CU CU CU CU CU CU CU CU CU CU CU CU ZP ZP ZP Page 286 r A-1 RS-1 R-1 R-2 R-3 B-1 M-1 M-2 Public Utilities: Office, `wo equipment storage, dispatch centers and warehouse facilities . . . . . . . . . . N N N N N ZP ZP ZP ZP - Zoning Permit Only CU - Conditional Use Permit N - Not Permitted At this time the staff presented a letter from Mr. Paul Dulaney for their information. The Commission accepted the letter relating to the Comprehensive Plan and zoning enforcement, noting that the letter presented information which would be invaluable in their discussion on the Comprehensive Plan and zoning enforcement. They instructed the secretary to communicate with Mr. Dulaney thanking him for his interest in the Planning Program of the County. At this time the secretary reported to the Commission that as County Planner he felt that it was time that the Commission reitterated its previous position regarding Regional Planning in particularly District 10, the State Planning District to the Albemarle County Board of Supervisors. After a general discussion, the Chairman with the consensus of the Commission members present, instructed the secretary to inform the Albemarle County Board of Supervisors of their desire to see regional planning under the state planning district concept initiated for District 10 and to point out the need for action within District 10 to initiate the Commission in time for budget consideration through the State Planning Office prior to July 1, 1970. At this time the secretary and Mr. Tom Batchelor, County Executive reported on the status of Section 4, Key West Subdivision, regarding bringing existing roads up to state standards for acceptance into the secondary system by the state. Mr. Batchelor reported that this time there seems to be a formal written agreement between the County, Page 287 developer and Virginia Department of Highway to bring the road up to standards. There being no further business, the meeting was adjourned. Secretary Page 288 DECEMBER 1, 1969 The Albemarle County Planning Commission met on December 1, 1969 in the Court House at 7:30 P.M., Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, William Trevillian, Henry Page and John Wright. Also attending was Mr. Lloyd Wood, member of Board of Supervisors and Mr. T. M. Batchelor, County Executive. Absent was: William Perkins. The secretary established that a quorum was present. The minutes of November 17, 1969 were approved unanimously. At this time the Chairman called for the public hearings. 1. ZMP-091. George A. Cason, Sr.. To rezone 2.2 acres from A-1 Agricultural to B-1 Business. Located on Route 643 at the east end of the City Reservoir. Described as County Tax Map 45, Parcel 66. Rivanna Magisterial District. The staff presented his report recommending denial of the application. Mr. Cason then presented his petition stating that his rezoning was needed to obtain financing for his proposed use from the local banks. After a general discussion, Mr, Wright made the following motion seconded by Judge Amato that ZMP-091 be denied in keeping with the staffs report. The motion carried unanimously. 2. ZMP-092. Atalco Corporation. To rezone 1.3882 acres from B-1 Business to R-3 Residential. Located on Inglewood Drive, 252 feet southwest of Hydraulic Road. Described as County Tax Map 61P, with a portion of Parcel 1 therein. Charlottesville Magisterial District, The staff presented his report which stated that the R-3 category is better suited on this parcel of land by virtue of its orientation to Inglewood Road and existing apartments in the area. Mr. Orbin Carter presented the petition after which Mr. Maupin made the following motion Page 289 seconded by Mr. Carr that ZMP-092 be approved as requested in keeping with the staffs report. Motion carried unanimously. 3. ZMP-093. Milton L. Bryan and Lemuel E. Powell. To rezone 6.39 acres from A-1 Agricultural to M-1 Industrial. Located on Route 20, south of Charlottesville. Described as County Tax Map 90, Parcels numbered 35-0 and 35-P. Charlottesville Magisterial District, The staff presented his report recommending approval after which Mr. M. L, Bryan presented the petition. After a discussion, Judge Amato made the following motion seconded by Mr. Wright that ZMP-093 be approved as submitted in keeping with the staffs report. Motion carried unanimously. 4. ZMP-094. James D. and Alice H. Shisler. To rezone 0.25 acres from R-2 Residential to B-1 Business. Located on Route 631 in Greenfields Subdivision, Described as County Tax Map 45H, Lot 1. Charlottesville Magisterial District. Staff presented his report which expounded on the disadvantages of rezoning parts of an originally designed residential subdivision to commercial use while still recognizing the trend in the area to be for commercial or apartment development. Mr. Shisler presented his case for the rezoning. After a general discussion, Judge Amato made the following motion seconded by Mr. Carr that ZMP-094 be deferred until January 5, 1970 for action. The motion carried unanimously. The Commission's action was taken to provide time to consider a proposed amendment to the R-3 category regarding schools of special instruction. 5. ZMP-095. Harley C. Easter. To rezone 22.5 acres from A-1 Agricultural to RS-1 Residential. Located on the southwest side of Route 675. Described as County Tax Map 41, portion of Parcel 65B. White Hall Magisterial District. The staff presented his report recommending approval after which Mr. Easter presented his petition. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Page that ZMP-095 be recommended for approval as submitted in keeping with the staffs report. Motion carried unanimously. Page 290 6. ZMP-096. O'Neil Realty and Mortgage Corp.. To rezone 1.46 acres from B,1 Business to R-3 Residential. Located on the southside of Route 797 in Yancey Mills. Described as County Tax Map 55A, Parcel 26, Samuel Miller District. At this time Mr. David Carr asked to be excused from the public hearing since he is a member of Mr. O'Neil -Is enterprises. Mr. Humphrey presented his staff report recommending R-2 in lieu of the requested R-3, After which Mr. Whiteley representing the applicant, presented the petition stating that the R-2 as recommended by the staff is acceptable to the applicant. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Page that ZMP-096 be approved as recommended by the staff to R-2 district in keeping with the staffs report. The motion carried unanimously. ' It was noted at the meeting that one resident in the area appeared to express concern over the R-3 category. 7. ZMP-097. W. I. Mawyer, To rezone 0.83 acres from A-1 Agricultural to R-2 Residential. Located on Route 29 South near North Garden, Virginia. Described as County Tax Map 87, Parcel 50A. Samuel Miller District, The staff presented his report recommending deferral for an evaluation. It was noted that the petition was not represented at the meeting. After a general discussion, Mr. Carr made the following motion seconded by Judge Amato that ZMP-097 be denied in keeping with the facts presented in the staff report. Motion carried unanimously. 8. CU-117. W. M. Collins. To add 6 additional spaces for mobile homes with the 5 mobile home spaces that now exist, described as County Tax Map 89, Parcel 23A, containing 14.11 acres in an A-1 zone. Located on.-R-ute 706 south of Route 631. Charlottesville Magisterial District. The staff presented his report. It was noted that Mr. Collins was not present. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Trevillian Page 291 that CU-117 be approved subject to a central water supply serving the park and subject to Health Department approval for sanitary facilities. Motion carried unanimously. 9. SP-18. Edgar E. Melton. Applicant wishes to place a permanent mobile home on 3 acres located on Route 640 near Gilbert's Station. Described as County Tax Map 33, Parcel 47 (part thereof). Rivanna Magisterial District, The staff presented his report after which Mr. Maupin made the following motion seconded by Mr. Wright that SP-18 be approved subject to the zoning requirements and Health Department approval for sanitary facilities. The motion carried unanimously. 10. SP-19. James R. Agee. Applicant wishes to place a permanent mobile home on 11.91 acres located on the east side of Route 715. Described as County Tax Map 133, Parcel 29B. Scottsville Magisterial District. The staff presented his report after which it was noted that Mr. Agee was not present. In the staff report it was stated that the mobile home had been located on the property. This was ascertained two days prior to the Planning Commission meeting. Upon motion by Mr. Wright seconded by Mr. Carr, SP-19 was deferred for 30 days during which the secretary was to communicate with Mr. Agee regarding this violation. The Commission took note of the staffs report that the location of a mobile home in this area would be compatible with other land uses namely mobile homes and('modest dwellings and houses. The motion carried unanimously. 11. SP-20. Martha Yates, Applicant wishes to place a permanent mobile home on 0.8 acre located on a private road off of Route 616. Described as County Tax Map 80, Parcel 163A. Rivanna Magisterial District. The staff presented his report after which Mr. Maupin made the following motion seconded by Mr. Trevillian that SP-20 be approved subject to the normal zoning requirement and approval by the Health Department for sanitary facilities. Miss Yates was present. The motion carried unanimously. Page 292 12. SP-21. Welford L. Shifflett. Applicant wishes to ,*ow place a permanent mobile home on 11.5 acres located on Route 789. Described as County Tax Map 56, Parcel 5. White Hall Magisterial District. The staff presented his report after which Mr. Shifflett represented by an attorney presented his petition. There was opposition to the proposed location of the mobile home by a Mr. Morris who ownes adjacent property. After a general discussion, Mr. Carr made the following motion seconded by Mr. Trevillian that action be deferred until December 15, 1969 in order that a committee of the Commission review the site to report back to the full Commission. Motion carried unanimously. 13. SP-22. Viola V. White, Applicant wishes to place a permanent mobile home on 3.25 acres located on Route 758. Described as County Tax Map 69, Parcel 25. Samuel Miller District. The staff presented his report. Mrs. White was present. After a discussion, Mr. Wright made the following motion seconded by Mr. Maupin that SP-22 be approved subject to normal zoning requirements and approval by the Health Department for sanitary facilities. At this time the Chairman called for a site plan of O'Neil Enterprises, Inc., located on 250 West in a M-1 zone subject being a warehouse and office building. After a general discussion, the Commission unanimously approved subject site plan subject to the following: 1. That proper preventive measures be applied to the slopes along the service road and front yard to prevent soil erosion. 2. That proper attention be given to the on -site drainage particularly that which flows in the direction of the Chesapeake and Ohio Railroad right of way. 3. That the proposal for a 200 foot deceleration lane on 250 be re -submitted to the Highway Department for restudy for possible lengthening in view of the high speed traffic on 250. Page 293 At this time the Chairman called for the site plan involving an addition to the ARC Products Plant, Chemetron Corp.. After a discussion, the Commission unanimously approved site plan as submitted noting that information received from the staff and applicant regarding storm drainage would not contribute to the existing storm drainage problem located east at the intersection of Old Ivy Road and Route 250. Plats for Planning Commission Approval: By 0. R. Randolph, C.L.S.: 1. Plat of Parcels A, B, C, D, and E, a subdivision of a 48.90 acre tract located on State Route 676 about 4 miles N.E. of Ivy for J. L. Meem. Approved subject to the easement being expanded to a 50 foot width. By William S. Roudabush, Jr., C.L.S.: 1. Plat of 5.50 acres to be acquired by William C. Battle from Carl McFarland, near Ivy. Approved 50 foot extension of a restricted road. Plats Approved Administratively: By Wm. Morris Foster, C.L.S.: 1. Plat showing division of 2.294 acre tract of land on north side of State Route 675 near White Hall for Richard Hines. 2. Plat showing Parcel A, a portion of the land of R. L. Melton situated on State Route 20, near Scottsville. Dated April 22, 1969 to be redated November 25, 1969. By 0. R. Randolph, C.L.S.: 1. Plat of Parcel D-1, 3.136 acres, Parcel D-2, 2.777 acres, Parcel D-3, 0.035 acres and Parcel D-4, 0.152 acres, a portion of a 66.30 acre tract described in D.B. 307-425, fronting on State Route 601 opposite Farmington for Henry W. Maclin, Jr.. Dated November 4, 1969 Page 294 Committee Reports The Chairman called for a report from the Highway Committee. Mr. Carr reported that as of this date communication with the Highway Department regarding certain roads in the County and in particular the Hessian Hills - Old Salem Apartments area had not been established. However, he would pursue establishing a meeting in the very near future with the Highway Department. At this time the staff presented proposed wording in the form of an amendment to the County Zoning Ordinance to permit schools of special instruction in the R-3 zoning district. Article 5-1-21(7). Schools of Special Instruction. Subject to a site plan submitted under a Conditional Use application, Article 6-1--24. Schools of Special Instruction. The section of the ordinance dealing with definitions should be amended to include: "Schools of Special Instruction: A school giving musical, dramatic, artistic and cultural subjects, but not including (a) riding school or (b) a commercial dancing school." After a general discussion, the Commission instructed the secretary to transmit the proposal to the County Attorney for his review. There being no further business, the meeting was adjourned. Secretary Page 295 December 15, 1969 The Albemarle County Planning Commission met on December 15, 1969 in the County Board of Supervisors meeting room, at 7:30 P.M. in Charlottesville, Virginia. Present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Cecil Maupin, Savory Amato, William Trevillian, Henry Page, John Wright and William Perkins. Also attending were Mr. Lloyd Wood, member of Board of Supervisors and Mr. T. M. Batchelor, County Executive. The secretary established that a quorum was present. The minutes of December 1, 1969 were approved unanimously. At this time the Chairman called for the continued public hearings on Special Permit 19 and Special Permit 21. A. SP-19. James R. Agee. Applicant wishes to place a permanent mobile home on 11.91 acres located on the east side of Route 715. Described as County Tax Map 133, Parcel 29B. Scottsville Magisterial District. After a general discussion on the Special Permit regarding setbacks, alleged violation of the zoning ordinance by Neff's Trailer Sales, Mr. Amato made the following motion seconded by Mr. Maupin that SP-19 be approved subject to the trailer being located 30 feet from the right of way of 723 and subject to Health Departments approval for sanitary facilities. It was noted by the Commission of the flagrant continual violation on the part of some mobile home dealers of the requirements under the County Zoning Ordinance for the location of mobile homes. It was the consensus of the Commission that necessary steps be taken to insure compliance with the ordinance and its requirements for the location of mobile homes and to insure that Mr. Agee would not be imposed upon by Neff's Trailer Sales unnecessarily. B. SP-21. Welford L. Shifflett. Applicant wishes to place a permanent mobile home on 11.5 acres located on Route 789. Described as County Tax Map 56, Parcel 5. White Hall Magisterial District. Page 296 **MW This public hearing was continued from December 1, 1969 to permit a committee of the Commission members to view the site. After the committee presented its report and recommendation, Mr. Perkins made the following motion seconded by Judge Amato that SP-21 be approved subject to locating the mobile home on the south side of the lot at ,%W a sufficient depth from Route 789 to locate it over the existing ridge. The motion carried unanimously. It was noted that the opposition that appeared at the December 1, 1969 meeting was withdrawn at the request of the person. At this time the staff presented a subdivision plat described as Lots 10-25, Westover Hills on State Route 675 near White Hall, Albemarle County, Virginia, dated as Nevised October 28, 1969 by Warren F. Wade, C.L.S. owned be Harley C. Easter and Ashby R. Kennon. It was noted that any approval of this subdivision would be subject to the granting of the RS-1 zone pending before the Board of Supervisors on December 18, 1969. After a general discussion, Mr. Maupin made the following motion seconded by Mr. Carr that the subject subdivision as presented be approved subject to (1) temporary turn -around being shown on Westover Drive, (2) that proper bonds be presented to the County to -cover construction of Westover Circle and Westover Drive to state standards, (3) that perculation tests be made on each lot. The motion carried unanimously. At this time the secretary informed the Commission of a violation of the sign ordinance as it relates to size of temporary signs and in particularly, "sale of land" signs. He reported that the maximum area permitted is four square feet and that most of the signs constructed or int.talled in the County are between 32 square feet and 70 square feet. The secretary asked whether or not the Planning Commission wished to initiate possible amendment to the section on signs relating to the maximum size permitted for temporary signs. A lengthy discussion followed, during which it was noted that the staff had a problem of enforcement Page 297 regarding sign control and that many violations of the sign ordinance in the above manner had occurred since the adoption of the ordinance most of which had been done in ignorance. It was the consensus of the Commission that no public hearing be scheduled to consider the suggestion of the secretary at this time. At this time Judge Amato made the following motion seconded by Dave Carr which was adopted by a 7 to 1 vote that the Chairman appoint a committee to make a report on signs and on enforcement of the County ordinance and to report back on the second meeting in January. Dr. Catlin at this time appointed Mr. Perkins as Chairman, Mr. Carr and Mr. Page to serve on the sign committee and Judge Amato as Chairman, Mr. Wright and Dr. Catlin to serve on the enforcement committee. It was noted that Mr. Graves of Ivy Signs was in attendance and spoke on inadequacy of the four square foot maximum for temporary signs. At this time Mr. Dave Carr, Chairman of the Road Committee reported on a luncheon meeting held on this date with Mr. Bob Warner, Resident Highway Engineer and Mr. John Wright, Mr. William Trevillian, himself and Mr. John Humphrey, with the following results: (1) Hydraulic Road. It was noted by Mr. Carr that the Highway Department had no immediate plans for the improvement of Hydraulic Road particularly that area between Albemarle High School and the intersection of Hydraulic Road with 29 in the area of the Safeway and K-Mart stores. He further reported that Mr. Warner was receptive to a review of the growth both existing and potential in the Hydraulic -Rio Road area with the assistance of Mr. Humphrey to ascertain what his office could do to place the subject road as a high priority. After a general discussion, it was the consensus of the entire Commission that the secretary be instructed to forward to Mr. Douglas Fugate and D. B. Hope the following resolution that the road committee of the Albemarle County Page 298 Planning Commission had recently met with Mr. Bob Warner, Resident Highway Engineer, to discuss road problems in the County and in particularly, Hydraulic Road, Route 743. The report received was not encouraging as to the future improvement of Hydraulic Road and that the Commission as a whole is distressed at the apathy on the part of the Virginia Department of Highways regarding the status on Hydraulic Road and renews its request for immediate attention to said road and recommends that it be placed as a high priority in the Charlottesville -Albemarle Thoroughfare Plan adopted in 1968 and presently under consideration for a revision. At this time Mr. Carr presented his report and results of the meeting regarding discussion on Route 29 South. He informed the Commission that the Highway Department was endeavoring to improve the safety hazards; such things as a narrow bridge, improper sight distances etc., along Route 20 but that as far as financial assistance to improving the alignment and upgrading the classification of Route 20, he had to report that this was not in the foreseeable future. At this time Mr. Carr reported on the results of the meeting regarding Hessian Hills Apartments and the improvement to the access to their project. It was the consensus of the Planning Commission that the owner of Hessian Hills Apartments be notified of the Planning Commissions concern on Barracks Road at the entrance to Hessian Hills Apartments as it relates to the present safety hazards resulting from movement into the project and respectfully request that the owners investigate the possibility of installing a deceleration lane at the entrance into Hessian Hills Apartments on Barracks Road. The Commission suggested that they communicate with the Resident Highway Office in Charlottesville regarding this matter. At this time Mr. Carr reported on the results of the committee meeting regarding Old Salem Apartments. Mr. Carr Page 299 stated after consulting with the Resident Engineer regarding highway policy relating to deceleration lanes, that the only possible solution to the safety hazards at this location would be to establish a deceleration lane at the western most entrance and permit ingress only and that the eastern most entrance be established for egress only. Mr. Carr noted that the Highway Department does not involve itself in establishing acceleration or deceleration lanes beyond the confines of a given development protect and that the damage to the adjacent store would be tremendous. It was the consensus of the Commission that the secretary instruct Mr. and Mrs. Cabinass of the Commission's decision and that they commence as soon as possible in providing the improvements stated above. The length of the deceleration lane is to be 150 feet of 11 foot lane with an additional 50 foot taper providng for a total length of 200 feet. At this time the secretary reported on the Planning Commission's request relating to proposed warehouse facility on 250 West involving a restudy of the proposed deceleration lane. The subject warehouse was on property owned by O'Neill Enterprises. After a general discussion, it was the consensus of the Commission after receiving the secretary's report that the deceleration lane contain 150 feet of 11 foot lane and a 100 foot taper for a total length of 250 feet. Plats Approved: By B. Aubrey Huffman, C.E.: 1. Plat showing a division of Lot 10, Block A, Section D, Carrsbrook. 2. Plat of Lots 8-10 and corrected Lots 10A-11, Block B, Oak Hill. By 0. R. Randolph, C.L.S.: 1. Plat of Lot A and Lot B west of Ivy, approximately 0.10 miles east of intersection of State Route 676 and U.S. Route 250 for Alice Wilson. Page 300 By W. S. Roudabush, Jr., C.L.S.: 1. Plat showing survey of 0.61 acres, a parcel of land comprised of portions of Parcels 49, 50, and 51, shown on Tax Map 58, the property of Claude J. Bailey near Ivy, Virginia. By Warren F. Wade, C.L.S.: 1�41W 1. Plat of Lots A, a portion of Lot 1 and a portion of Lot 5, and Lot 5A, a portion of Lot 5 in division of Whatley Estate. Crozet, Virginia. For Albert Sandridge. 2. Plat of Lot 26A, a portion of Lot 26, Block B, Park View property, Crozet, Virginia. There being no further business, the meeting was adjourned. Secretary Page 301 December 22, 1969 This was a special meeting of the Albemarle County Planning Commission, held jointly with the Albemarle County Board of Supervisors to conduct a public hearing on the re-enactment and re -adoption of the Albemarle County Zoning Ordinance and Map as amended originally adopted on March 7, 1968. Those members present were: Avery Catlin, Chairman; David Carr, Vice -Chairman; Henry Page, John Wright, Cecil Maupin and Savory Amato. Those members absent were: William Trevillian and William Perkins. A quorum was established by the Chairman. The secretary certified a copy of the Albemarle County Zoning Ordinance and Map as amended through December 18, 1969 to the Planning Commission and Board of Supervisors as being a true copy of the subject Ordinance and Map before both bodies. The Chairman of the Board of Supervisors at this time opened the public hearing for comments by the public. Mr. H. H. Tiffany spoke on his desire to see a new ordinance, an ordinance with a negative approach as to permitted uses; such as Augusta County. He elaborated on this approach to zoning. Numerous people appeared --to voice their favor in the re -adoption of the ordinance. Those speaking were: Herbert Stewart, Paul Dulaney, Ella Smith, Mr. Loving, Ralph Paddock, Mary Cash, Mr. Martin, J. T. Pratt, Elizabeth Dulaney, Sally Thomas, Barbara Thompson, Silva Hayes, Marge Jordan. Mr. Walter Young asked the Board not to pass it today but to rework the ordinance in conjunction with the Comprehensive Plan. He is not against zoning provided its - the right kind. Page 302 Mr. Tom Michie asked that the Board and Commission consider ap propriate zoning for A1berene Soap Stone Company land. Mr. Skip Edelson asked for information regarding the validity of existing zoning. Mr. Stanley Patterson stated he was against zoning 1%W and you along with Mr. H. H. Tiffany. The public hearing having been concluded, the Chairman of the Board asked for a recommendation from the Planning Commission. Mr. Catlin, Chairman of the Commission asked for any discussion after which he asked for the question,. Mr. David Carr made the following motion seconded by Judge Amato which was passed by the unanimous vote of those members present, that WHEREAS, by resolution adopted at a special meeting of the Board of County Supervisors of Albemarle County on December 3, 1969, this Commission was directed to prepare a Zoning Ordinance and Map for Albemarle County to be presented at a joint public hearing to be held by said Board and this Commission on this date; AND WHEREAS, this Commission has prepared such an Ordinance and Map identical to the Zoning Ordinance and Map now in effect pursuant to prior action of this Commission and said Board, including the provisions of the Ordinance and Map as adopted by said Board on March 7, 1968, as amended by subsequent action of said Board from time to time; AND WHEREAS, pursuant to notice and advertising as required by law, a joint public hearing has been held at this meeting by said Board and this Commission; NOW THEREFORE BE IT RESOLVED that this Commission hereby recommends to the Board of Supervisors of Albemarle County that said Board re -adopt and re-enact the Albemarle County Zoning Ordinance and Zoning Map as amended prior to this date, such re-enactment to be effective immediately. The Chairman at this time offered the recommendation to the Board of Supervisors for their consideration. The Chairman of the Board called for discussion and questions. Page 303 Mr. Joseph Gibson accepted the Commission's resolution and recommendation and made the following motion in keeping with the Planning Commission resolution and recommendation, seconded by Mr. Don Carroll which passed unanimously "That the following ordinance, known as the Zoning Ordinance of Albemarle County, Virginia, together with the Zoning Map attached thereto, be, and the same are, hereby re -adopted and re-enacted effective immediately upon adoption of this ordinance." There being no further business, the Planning Commission meeting was adjourned. ecretary FM In