HomeMy WebLinkAboutDecember 1974�1l
December 2, 1974
The regular meeting of the Albemarle County Planning Commission was
held at 7:30 p.m. in the Piedmont Virginia Community College auditorium
on December 2, 1974.
Those members present were Mr. David Carr, Chairman; Mr. Clifton
McClure, Vice -Chairman; Mr. Roy Barksdale; Mr. Louis Staley; Mr. Jack
Rinehart; Dr. James Sams; Mr. Wilbur Tinsley; Mrs. Ellen Craddock; and
Mr. Lloyd Wood, Board of Supervisors.
Mr. Carr established that a quorum was present, and called the meeting
to order.
Bicentennial Site Plan:
Mr. Tucker gave the staff report and told the Commission that the
site had already been approved by the state, and that this plan was for
the information of the Commission and for their approval.
Mr. Floyd Johnson stated that all work by the State Highway Depart-
ment would have to be completed prior to any construction on the building
itself. He stated that all erosion plans, etc., had been approved by
the state. He cited that the building and grounds would revert back to
Piedmont College for classroom facilities after its immediate use. He
noted that no appropriations had been made for landscaping, but hoped
that some of the local garden clubs would sponsor such a program.
Mr. Rinehart questioned the parking facilities.
Mr. McClure madea motion for approval, seconded by Mr. Rinehart,
which carried unanimously.
ZMP-313. Alvin N. Brooks has petitioned the Albemarle County Board
of Supervisors to rezone 5.4 acres from A-1 Agricultural to RS-1
Residential. Property is situated on the west side of State Route
742 (Avon Street Extended) near its intersection with State Route
20 South. Property is further described as County Tax Map 90, Parcel
30. Scottsville Magisterial District.
Mr. Tucker gave the staff report.
Gary Brooks, son of the applicant, told the Commission that this would
be for 2 separate family dwellings with 30-50' easement for right-of-way.
He said the plan was to make 3 lots.
Mr. Rinehart moved approval; Mr. McClure seconded the motion which
carried unanimously.
OR
ZMP-314. Mary Carter Lee has petitioned the Albemarle County Board
of Supervisors to rezone 3.5 acres from A-1 Agricultural to RS-1
Residential. Property is situated on the north side of State Route
791, about 1 # miles north of Miller School. Property is further
described as County Tax Map 72, Parcel 26. Samuel Miller Magisterial
District.
Mr. Tucker gave the staff report.
Mr. Barksdale asked if there had to be a proper deed before the
property could be re -zoned, and was informed that the deed could be after.
Mr. McClure told the Commission that a deed must be in writing, that
a verbal agreement is insufficient.
Since neither the applicant nor the representative was present, Mr.
McClure moved that the request be deferred, since this had been the policy
in the past. The motion was seconded by Mr. Barksdale; it carried unani-
mously.
SP-435. James N. Fleming, Flamenco Enterprises, Inc., and Four
Seasons West have petitioned the Albemarle County Board of Supervisors
to locate a Planned Community on 128.06 acres zoned A-1 Agricultural.
Property is situated on the west side of State Route 743 (Hydraulic
Road), and east side of State Route 657 (Lamb's Road). Property is
further described as County Tax Map 45, Parcels 8, 8A, 12, 13, 14, 17,
18, 19, or parts thereof; and County Tax Map 44, Parcel 35B. Jack
Jouett Magisterial District.
Mr. Tucker gave the staff report. He read a letter from Mr. Guy B.
Agnor, Jr., Director of Public Works for the City of Charlottesville, which
stated that the city would "object to any grading or construction of any
feature which would impair the City's ability to properly maintain or repair
the two high pressure gas lines which exist within the forty foot easement
which crosses the property involved."
Mr. Tucker also read to the Commission the resolution unanimously
adopted by the City Council at a special meeting on November 27, 1974,
concerning the Rivanna Reservior.
Mr. Rinehart asked if the Zoning Ordinance addresses itself to zoning
changes as a result of such things as a PUD.
Mr. Tucker told him that it did, and that PUD's are usually in an
Agricultural zone.
Mr. Easter questioned the item numbers 5 and 10, and asked why they
had been incorporated in the second group of conditions of staff report
and not in the first, and was informed that the first group of conditions
were for a lower density, i.e., 2.5 du's/acre.
R
Cfi
Mr. Richard Carter, attorney -at -law, represented the applicant. He
explained to the Commission that the applicant would be willing to meet
all the conditions that the staff had recommended if the special use permit
were approved, except for the condition concerning lowering the density
to 2.5 dwelling units/acre. He said this was due to economic reasons.
He told the Commission that his client was asking for 6 dwelling units/acre
in the $30-35,000 price range. He cited the fact that this was in keeping
with the density of the area.
He pointed out that the County had not declared a moratorium on
growth and development. He further stated that this fits the Master Plan
and the Zoning Ordinance of the County. Mr. Carter suggested to the
Commission that it is very arbitrary to define what is high, low or medium
Residential.
Mr. Carter pointed out that the Comprehensive Plan backs the theory
of open space in cluster units, which this PUD also does.
He argued that this is a well -planned and well -engineered concept.
He stated that the PUD concept is one way of saving open space in
the County.
Mr. Carter stated that the applicant did not wish to damage the re-
servior, and said that this project lacks 75 acres having frontage on the
Rivanna Reservoir. Furthermore, he pointed out that there is existing R-2
and R-3 zoning along the reservoir.
Referring to the staff report, he explained that any other develop-
ment in the urban area would probably require some redistricting and re-
assignment of students in the school system, and reminded that the Commis-
sion that this is a 10 year project.
He stated that the applicant would not use Lambs Road as a possible
entrance and cited that the proposed Hydraulic Road would be completed in
approximately 5 years, considerable time before the projected 10 year
completion of Evergreen Planned Community.
Mr. Carter reiterated that the applicant would be quite willing to
work with the City concerning the gas pipeline.
He summarized by stating that Evergreen is not a "fly-by-night"plan,
and urged the Commission to incorporate condition #5 (the first item to be
constructed from an approved site plan is to be the lake in order that it
will act as a sediment basis and prevent any soil erosion into the reser-
voir. This approval to be made under the provision of the Soil Erosion
Ordinance) in its conditions for approval. He again reminded all that the
project will not damage the Rivanna Reservoir, since there would be Planned
Protection.
Mr. Roudabush, speaking for the applicant, described a location map,
a composite tax map with existing zoning, and a second location map showing
total drainage to the reservoir from the 361 acres in the area, including
Im
the 128 acres of which is Evergreen. He explained that the runoff will
increase by 13.4% with the development and slightly less without the
development. He explained that land will drain to reservoir anyway.
Mr. Roundabush explained that another possible way of developing this
land would be to subdivide it into 2-acre lots. He explained that the
developer will work with the county and city to avoid this. The major
physical characteristic of the land is such that all major drainage is
to where dam will be built. He further pointed out that the general plan
for the PUD is submitted under the Zoning Ordinance and that the plan is
quite flexible. He reassured the Commission that if the PUD is approved,
the first construction will be the lake and a soil conservation plan.
Mr. Grimm of Charlottesville Savings and Loan Association took the
opportunity to explain to the commission and to the public that single
family dwellings will soon be a thing of the past except for the very
wealthy. He stated that this is an attempt to solve the housing situation
in the $30-35,000 price range.
Dr. Nichols, a professor at the School of Architecture, University
of Virginia, spoke in opposition to the PUD. He stated that it would
infringe on the historic significance of Shack Mountain, one of the finest
examples of Jeffersonian-type architecture remaining, and designed by a
distinguished architect Fishe Kimball.
Dr. Clinton Parker, a resident of the county, also spoke in opposition
to the PUD. He sopke to the point of the reservoir, citing several articles
of statistics as to the probable detriment of the reservoir if this
special permit were approved. He cited the 1974 University Council
Research on Storm Runoff and said that with one inch of rainfall, 250,000
pounds of lead and 30,000 pounds of mercury would be deposited in the re-
servoir.
Dr. Parker further stated that he had been appointed to the committee
which was being formed to make the structure for a study on the reservoir
property, which will take in farm, agricultural, and urban runoff. He
stated that the study would take approximately two years.
Steve Mekas, assistant city attorney, told the Commission that building
the lake is a violation of the city' rights of the gas pipeline. He also
expressed City Council's concern over continued growth around the South
Fork Rivanna Reservoir.
Mr. Guy Agnor pointed out to the Commission and the public that the
city owns and built the gas pipeline.
Mrs. Frances Martin, speaking for the Citizens for Albemarle, pointed
out such problems as density and traffic situations that would result if
the special permit for Evergreen Planned Community were approved. Her
report, however, centered on the concern for the life of the South Fork
Rivanna Reservoir. Her report indicated that it was the consensus of the
Citizens for Albemarle that the county did not have the staff and/or funds
to so closely monitor the effects of one development's runoff on the re-
servoir. She stated that an alternate source of water would take 10
years to develop.
Debbie Scott, President of the League of Women Voters, stated that
this group had adopted a resolution supporting the concept of a PUD on
the reservoir, but not at the density that Evergreen planned, especially
considering the water supply of the reservoir and the runoff involved.
She suggested a total environment study.
Mrs. Craw, representing the Civic League, urged protection with
complete Conservation zoning.
Mr. Jim.Murray, Jr., attorney, represented the Jones, Greers, and
the Garlicks in opposition to the PUD. He stated that it is unlawful
to contaminate state waters and this is a critical environmental area.
He stated that there is a bill before the State Legislature, which if
passed, would protect not only waterways in the state, but which would
also protect such places as Shack Mountain. He stated that the Historic
Landmarks Committee was against this PUD, since it would destroy the
significance of Shack Mountain. He stated that to approve Evergreen Planned
Community, even with rigorous conditions, would be dissatisfactory. He
recommended a moratorium on this tract of land. He stated that the only
possible acceptable alternative would be for the PUD to have a density no
less than CVN.
Mr. Porter, a resident of Lamb's Road, cited the road conditions as
a major reason for his opposition. He was concerned about the impact
the PUD would have on the classroom. He stated that in 1971, Mr. Robert
Warner had said that it would take 6-8 months to have plans for the ex-
pansion of Hyrdraulic Road, and asked the Commission to draw its own con-
clusions, since that was three years ago.
Mrs. Nancy Bowers, interested citizen, urged denial of the request for
special permit because of the reservoir.
Mrs. Martin cited the State Health Department's concern and pointed
out their denial for any more waste treatment plants along the reservoir.
Dr. Charles Hurt, a major landholder and a developer himself, urged
approval. He stated that the opposition had once again been voiced by the
same people who always voiced opposition.
At this point, Mr. Carr closed the meeting to public hearing.
Mr. Rinehart told the Commission that there is a shortage of this
price range housing and that land is becoming less available all the time.
He stated that the Commission is not against the growth of the county,
they merely wish to regulate the density.
Dr. Sams asked if this were a proper hearing, since Mr. Carter had
stated that Four Seasons West was not petitioning the Commission for the
special permit, only James Fleming.
Mr. Fred Payne, Assistant County Attorney, stated that it satisfied
the statute.
Mr. Tucker stated that Daley Craig does own a small portion of the
land that is incorporated in the 128 acres in question.
Dr. Sams stated that other PUD's in the county have not satis
fied the concept of the PUD. He stated that so far the closest the
county had gotten to this idea was the "cluster alternate." He said it
was his opinion that this does not approach a good PUD and was a very
poor substitute for the cluster alternate. He stated that he could not
approve because of the density involved.
Mr. Easter stated that if the runoff water is satisfactorily con-
trolled, it must be controlled with a lake, and he cited the fact that
there is some question if the lake can even be built on top of the gaslines.
Mr. Carr mentioned the fact that the City says the lake cannot be on
an easement.
Mr. Roudabush stated that the lake can be constructed without con-
flict and without changing the surface area and volume.
Mr. Tinsley told the other members of the Commission that he would
be in favor of the community if the density were more agreeable since he
felt there is aneed for more housing in this price range.
Mr. McClure stated that subdivisions are a thing of the past and
that now we must use the "trout -stream" approach. He said that it is a
"must" to concentrate the population of the county. He said that he him-
self is still not convinced that anything of this sort will be more detri-
mental to the reservoir than a subdivision of single family dwellings.
With more favorable density, he would approve the concept. He sug-
gested that the density might be controlled by site plan.
Mrs. Craddock voiced her opposition on the grounds of contaminating
the reservoir, whose life, she said, is already endangered. She stated
that this is not the place for this density. She said this would be a big
injustice to the citizens of the county, due to the density proposed. She
stated that the price range of the proposed housing would not satisfy the
capacity to pay of low income groups.
Mr. Carr stated that the density of the PUD was of major concern to
him. He cited the Commission's request for help in protecting the re-
servoir. How to achieve protection and land utilization during the mean-
time is his concern. He asked the Commission to delay action on this re-
quest and asked for further study.
Mr. McClure moved for deferral until the January 6, 1975, meeting
of the Planning Commission. Mr. Barksdale seconded the motion.
Mrs. Craddock asked the reason for deferral.
Mr. McClure stated that the reason that he moved deferral was that he
wished to consider the density, both proposed and possible alternatives.
Mrs. Craddock said that she felt this was a premature submittal.
Mr. Rinehart told the Commission that he would like to see a with-
drawal without prejudice with later submittal containing lower density
and more complete engineering data.
Mr. Carr stated that he hesitated to require the applicant to go to
this expense without some indication as to what action the Planning Com-
mission would take.
Mr. Rinehart stated that with technical assistance on the water levels,
he could give conditional approval --said he would also have to consider
the density.
Mrs. Craddock was of the opinion that even with lower density the
Commission would need more conclusive data for approval.
The foregoing motion carried by the following recorded vote:
AYES: Messrs. Carr, McClure, Tinsley, Staley, Rinehart, Easter, Bark9dale,
and Dr. Sams.
NAYS: Mrs. Craddock
Mr. Carr told the petitioner that the matter might be discussed with
the staff, and if so, his presence would be requested.
SP-436. Rivanna Water and Sewer Authority has petitioned the A1be-
marle County Board of Supervisors to locate an Interceptor Sanitary
Sewer along Moore's Creek. Property in the County which is affected
is described as County Tax Map 76, Parcel 28; County Tax Map 77, Par-
cels 4, 5 and 6; County Tax Map 77E(1); County Tax Map 76, Parcels
44 and 45; and County Tax Map 77, Parcels 7 and 9. Samuel Miller
and Scottsville Magisterial Districts.
Mr. Tucker gave the staff report.
Mr. Gene Pott represented Rivanna Water and Sewer Authority. He
stated that everything was in compliance with state and local rules and
regulations.
Mr. G. G. Forrens, a landowner, was concerned about the pipes going
through his property, since he felt as though one of the streams would
bring about a vast amount of soil erosion.
Mr. McClure stated that this particular matter was not germane to
the Commission.
Mr. Carr recommended that this request be deferred for a period of
ten minutes in order that Mr. Pott could give Mr. Forrens the necessary
statistics.
SP-439. Robert R. Patterson has petitioned the Albemarle County
Board of Supervisors to locate an indoor tennis club on 4.29 acres
zoned R-2 Residential. Property is situated on the east side of
Rt. 743 (Hydraulic Road), approximately 0.5 miles north of Albe-
marle High School. Property is further described as County Tax Map
61, Parcel 14, Charlottesville Magisterial District.
Mr. Tucker gave the staff report.
Mrs. Craddock questioned why a site plan had not been submitted.
Mr. Patterson stated that setback would be no problem and that there
would be a planting plan. He said that the color scheme would be done
as aesthetically pleasing as possible. He explained that the concept
is sound and that the market for this particular tennis club is with those
not involved in previously existing facilities. He stated that part of
the structure would be subterranean and that the height of the structure
at its apex would be 40 feet. He further explained that there would be
screening.
Mrs. Craw voiced opposition in behalf of Mrs. Garrick due to the
traffic situation on Hydraulic Road.
Mrs. Preston, an adjoining property owner, also opposed the request
because of the volume of traffic the project would bring to the area.
Mr. Carr suggested that some rough sketch be submitted to the Com-
mission by the applicant and that the Commission would hear the matter at
its December 9th meeting.
Mr. McClure moved deferral; Mr. Tinsley seconded the motion, which
carried unanimously.
Deferred Item:
SP-436. Rivanna Water and Sewer Authority.
Mr. Pott told the Commission that the lines have already been set and
approved by the State.
Mr. Forrens stated that he wanted the creek readjusted, since he was
concerned about soil erosion.
Mr. Rinehart moved approval and Mr. McClure seconded the motion with
the following conditions:
1. Re -seeding and maintenance of all disturbed areas for one year
after the placement of the interceptor;
2. Grading permit must be obtained from the Zoning Department.
The Commission approved unanimously.
Parrish Site Plan
�*M► Mr. Tucker gave the staff report and stated that this property is
located 1 mile east of Simeon. This is a 2-acre parcel with an existing
30' right-of-way which is maintained by the residents along the right-of-
way. He stated that there are twelve lots located along this right-of-way.
He said that this was the only remaining lot that could be subdivided.
Mr. Parrish showed a picture to the Commission and reiterated Mr.
Tucker's remarks.
Mr. McClure made amotion, seconded by Mr. Barksdale, for approval.
The Commission approved the site plan unaninously.
The meeting was adjourned.
n 1 1- -
n L. Hump rey Secret ry
December 9, 1974
The Planning Commission held its December 9th work session at 7:30 p.m. in the
County Executive's Conference Room, County Office Building, Charlottesville, Virginia.
Those members present were Mr. David Carr, Chairman; Mr. Roy Barksdale; Dr. James
Sams; Mr. Jack Rinehart; Mr. Peter Easter; Mr. Wilbur Tinsley; Mr. Louis Staley; Mrs.
Ellen Craddock; and Mr. Lloyd Wood, Supervisor.
Mr. Carr established that a quorum was present and called the meeting to order.
The approval of the minutes was deferred until a later date.
Deferred Items:
Clothier Site Plan
Mr. Humphrey told the Commission that the Board had not taken action on this since
they had wanted to see a complete subdivision plat. Lot #3 was established to be the
one of interest. Mr. Humphrey stated that Lot #2 could be used for a very small faci-
lity, but that it is not in keeping with the intent of commercial development, and that
it is already a substandard lot.
Mr. Roger Martin, esquire, represented Dr. Clothier. He argued that the special
use permit should be heard by the Board of Supervisors as soon as possible in order that
Dr. Clothier would not lose his option to purchase property.
Mr. Rinehart stated that lot #2 is not acceptable.
Mr. Easter moved that action be deferred until there could be proper review of the
site plan by the planning staff, at which time the applicant or his representative
should be present.
Mr. Barksdale seconded the motion, which carried unanimously.
ZMP-314. Mary Carter Lee
Mr. Tucker gave the staff report.
Mr. Burke Walker, representing the applicant, stated that the applicant was re-
questing 2 lots, one of which is already there.
It was pointed out in the staff report that one of the lots would have to be at
least 1.5 acres, since that is what the rezoning request is for.
Mr. Barksdale moved approval; Mrs. Craddock seconded, and the motion carried
unanimously.
SP-422. Amendment to Hickory Ridge PUD
Mr. Tucker gave the staff report, stating that the PUD had already been approved
by the Planning Commission.
Mr. Murray, representing the applicant, stated that the request was that the
ownership and control of the barns revert back to Mr. Brown, and explained that the
density will not be changed.
It was established by Mr. Fred Payne, Assistant County Attorney, that every-
thing was in order.
Mr. Payne told Mr. Carr that he was satisfied that Mr. Murray's client would
do what he had said.
Mr. Rinehart moved approval subject to the following conditions:
1. The Homeowner's Association will have an option to purchase the barn and
stable facilities if they desire;
2. The new street to be constructed in accordance with State Highway specifica-
tions so it may be accepted into the state secondary system; and
3. That the horseback trail remain within the right-of-way of the proposed
new street.
The motion, which carried unanimously, was seconded by Mr. Tinsley.
SP-439. Robert R. Patterson
Mr. Peter Easter disqualified himself from the discussion by leaving the room
and not voting.
Mr. Tucker reminded the Commission in the staff report that the matter had been
deferred in order that the applicant could bring a preliminary site plan before
the Commission. 140)
Mr. Rinehart noted that there seemed hardly any room for buffering - which was
necessary because of the neighbors.
plan.
Mrs. Craddock suggested that the number of outdoor courts be limited.
Mr. Tinsley stated that he felt the outdoor court time should be limited.
Mr. Wood pointed out that the special permit was not according to this preliminary
Mrs. Craddock moved approval subject to the following conditions:
1. Approval of site plan;
2. Indirect lighting of outdoor tennis courts, i.e., lighting is to be directed
away from Hydraulic Road and adjoining properties;
3. Sufficient set back of facilities to accomodate the widening of Hydraulic
Road;
4. Hours of outdoor operation not to exceed 11:00 p.m.;
5. Submittal of planting plan; and
6. 10' building setback and 20' open court setback with plantings OR 10' set-
back with proven sound deadening fence.
The motion was seconded by Mr. Barksdale, and the Commission voted unani-
mously to approve.
Westgate Apartments Phase III site plan
Mr. Humphrey pointed out that a variance from the Board of Zoning Appeals would
still be required.
Mr. Rinehart was told upon questioning that the management would be responsible
for building the parking lot.
Dr. Sams moved for approval with the provision that more parking facilities
would be provided if the need arose.
The motion, which carried with a vote of 8-1, was seconded by Mr. Barksdale.
Randy Rinehart Subdivision Plat
Mr. Jack Rinehart disqualified himself from the discussion and the vote by leaving
the room.
Mr. Humphrey stated that this is a request for a subdivision of 2 lots with a
common driveway. The Health Department has given general approval.
The Planning Commission approved a waiver of frontage requirements.
Dr. Sams moved approval of the subdivision and Mr. Tinsley seconded the motion,
which carried unanimously.
Moore Brothers site plan
This site plan had been given administrative approval, and Mr. Tucker explained
the staff action to the Commission.
Discussion of Board's recommendation concerning the zone in which a go-kart
facility should be located:
Mr. Humphrey stated that the Board had requested this discussion since it was the
desire of the city to locate such a facility on the old landfill.
The Staff suggested that this could be permitted by right in an M-2 zone, and
with a special use permit through public hearings in an M-1 zone.
The meeting adjourned at 10:30 p.m.
M
Joh)a L. Humphrey, Se6Zetary
i
December 17, 1974
The regular meeting of the Albemarle County Planning Commission was held at 7:30
p.m., December 17, 1974, at Piedmont Virginia Community College, Charlottesville, Vir-
ginia.
Those members present were Mr. David Carr, Chairman; Mr. Clifton McClure, Vice -
Chairman; Mr. Roy Barksdale; Dr. James Sams; Mr. Wilbur Tinsley; Mr. Louis Staley; Mr.
Jack Rinehart; Mr. Peter Easter; and Mr. Lloyd Wood, ex-Officio.
Mr. Carr established that a quorum was present and called the meeting to order.
Site Plans and Subdivisions:
Monticello Home Builders Plat
Mr. Tucker gave the staff comments.
This is a subdivision of 3 lots, two of which are 2 acre lots. They requested
an easement to serve the third lot.
Mr. McClure recommended approval with the following condition:
1. One driveway serve as the driveway from the 2 lots fronting Route 615.
Mr. Barksdale seconded the motion, which carried unanimously.
Mr. Tucker told the Commission that there was a second part to the requests
from Monticello Home Builders.
This was a request for an easement to serve the 3.2 acre lot on the back.
Mr. Rinehart moved approval with the following condition:
1. The driveway serving A-2 is also to serve as the driveway for A-1.
Mr. Easter seconded the motion, which carried unanimously.
E. B. Martin Plat
Mr. Tucker gave the staff comments, in which he stated that this was a request
for further easement to subdivide Parcel B, and that Parcel A be made a part and parcel
of Parcel B. Mr. Tucker further pointed out that the staff recommends no further sub-
division be permitted without Planning Commission approval.
Mr. McClure moved approval; Mr. Barksdale seconded. The motion carried unanimously.
Evalyn M. Galban Plat
Mr. Tucker explained to the Commission that this is a request for a 20' easement
to serve one 3.4 acre parcel located off Farmington Drive.
Mr. Carr cited an instance which stated that there could be no further subdivision
along Farmington roads or else there could be no further subdivision along Farmington
roads until these roads were improved. On these grounds, he asked the Commission to
defer the matter till more research could be done.
Mr. McClure made the motion, and Mr. Rinehart seconded it. The motion carried
unanimously.
Emogene S. Bias Plat
Mr. Tucker stated that this was a request for six 2-acre lots. He stated that
the 50' pipestem is the only access the buyer has to the remainder of the property.
He said that the staff recommended common driveways for the lots, so that lots F & E
would share a drive, amd lots C & D would share a driveway. He further pointed out
that this could not be enforced, it could be merely recom-
mended.
Mr. Rinehart moved approval; Dr. Sams seconded the motion, which carried unani-
mously.
L. C. Parrish Plat
Mr. McClure disqualified himself from the discussion and voting by leaving the
room.
Mr. Tucker told the Commission that the staff did not feel that this constitutes
a subdivision.
Mr. Carr stated that since this was the circumstance, that Planning Commission
approval or disapproval hardly seemed necessary, since they did not usually act on
such plats.
Mr. McCallum, speaking for the applicant, told the Commission that he considered
it to be a private road, since his research noted more references to private than
public. He stated that he had carried his research back to the 1840's.
Mr. Carr again questioned the legality of the Planning Commission acting on this
plat.
Mr. Payne, from the County Attorney's office, told the Commission that its
jurisdiction is based on this being a subdivision and that any Planning Commission
action would be void if the road were public.
Mr. McCallum stated that he would not be at the meeting if he could establish
that the road is private.
Mr. Tinsley suggested that only a legal court could determine if the road were
private or public.
Mr. Payne told the Commission that no enforcements of violations of subdivisions
could be made, nor could subdivision penalties of the Subdivision Ordinance be en-
forced.
Mr. Carr stated again that he felt the matter was beyond the jurisdiction of
of the Planning Commission.
Mr. Rinehart moved that the matter be withdrawn and Dr. Sams seconded the
motion, which carried unanimously.
White Oak Park Preliminary Plat
Mr. McClure disqualified himself from the discussion and the voting by leaving
the room.
Mr. Tucker stated that the staff had suggested no conditions since all preliminary
requirements had been met. He stated that the restricted road would have to be approved
by the Board of Supervisors.
Mr. Rinehart moved approval; Mr. Barksdale seconded. The motion carried unani-
mously.
Jan Langman - 2 Rental Units Site Plan
Mr. Tucker suggested that approval be conditioned upon the following: 0
1. Two parking spaces per unit; and
2. As few trees removed as possible.
Mr. Fernaham, an adjacent property owner, spoke in opposition.
Mr. Grant Cosner, another adjacent property owner, questioned the future plans
for subdivision.
ly.
Mr. Rinehart moved approval. Dr. Sams seconded, and the motion carried unanimous -
Double C Corporation Office Building Site Plan
Mr. Tucker told the Commission that parking requirements had been met and that
there is an alternate drainage field. A list of conditions were submitted by the
planning staff, one of which was a variance being granted.
Mr. Carr stated that he did not think a site plan approval should be subject to
a variance.
Mr. McClure moved approval subject to the following conditions:
1. Final approval by Virginia Department of Highways;
2. Grading permit obtained;
3. Health Department approval;
4. Granting of variance of 50' setback in Residential zone.
Mr. Barksdale seconded the motion, which carried by a vote of 7-1.
to
The Planning Commission asked that Mr. Tucker/write a letter to the proper
authorities concerning that area near Rio Road which was not served by public water
to see if something could be worked out that this area could be put on the public
water system.
The meeting adjourned at 9:30 p.m.
n L. Humphrey, S retary7
/l
19