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HomeMy WebLinkAbout20030305actions -Page 1- ACTIONS Board of Supervisors Meeting of March 5, 2003 March 7, 2003 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. • Meeting was called to order at 9:00 a.m., by the Chairman. All BOS members, except Mr. Perkins, present. Also present were Bob Tucker, Larry Davis, Wayne Cilimberg and Ella Carey. 4. From the Public: Matters not Listed on the Agenda. • Katie Hobbs read a statement on behalf of Citizens for Albemarle outlining several recommendations for the Rural Areas Advisory/Focus Group. Clerk: Prepare letter for Chairman's signature acknowledging and forward copy of statement to Planning. 5.2. Proclamation recognizing March 19 through March 23, 2003 as Virginia Festival of the Book Month. • ADOPTED and presented to Nancy Damon. (Attachment 1) 5.3. Claudius Crozet Park Property Purchase. • APPROVED the purchase of 2.19-acre parcel from Claudius Crozet Park, Inc., and AUTHORIZED County Executive to execute Purchase Agreement and Deed acceptable to County Attorney and take other appropriate action in order to effectuate the purchase with Claudius Crozet Park, Inc. County Attorney's office: Proceed as directed, get appropriate signatures, and provide Clerk's office and Parks and Recreation a copy of fully executed documents. (Attachment 2) 5.4. Addition of Corville Farm Road (Route 868) into State Secondary System of Highways. • ADOPTED resolution. Clerk: Forward resolution to Jim Bryan and copy Engineering. (Attachment 3) 5.5. Set public hearing to amend the jurisdiction areas of the Albemarle County Service Authority for sewer service to TM32A, Sec3B, Ps18&19 (Thomas P. Haught). • SET public hearing. Clerk: Advertise public hearing for April 2, 2003. 5.6. ZMA-2002-001. Fontaine Avenue Condos (Signs #77&81). • DEFERRED public hearing until March 19, 2003. Clerk: Advertise public hearing for March 19, 2003. 5.7. Red Hill Groundwater Contamination. • AUTHORIZED the Department of Engineering and Public Works to work with DEQ to facilitate a long- term solution to the Red Hill contamination problem. Engineering and Public Works: Staff to work with DEQ on landowner contact, community meetings, and evaluation of various long-term alternatives, including establishment of central water supply. 5.8. Letter dated February 5, 2003, to the Honorable Lindsay G. Dorrier, Jr., Chairman, from Janardan R. Pandy, Environmental Engineer Senior, Valley Regional Office, Department of Environmental Quality, re: copy of notice of public hearing for proposed issuance of major source modification permit to the City of Harrisonburg - Resource Recovery Facility. • Ms. Thomas expressed concern about the potential impact and asked that somebody look into it. County Executive: Direct Engineering staff to review and provide additional information to Board. 6a. Work Session: Six-Year Secondary Road Plan. • DEFERRED until April 2, 2003. The Board requested staff reorder the list of unpaved roads, set out the proposed rural rustic roads, and provide a Planning staff: Proceed as directed. -Page 2- narrative on the roads. Provide one list that includes this year's and last year's priority ranking and advertising dates. Staff to address the policy implications of paving more roads in the rural areas. 6b. Transportation Matters Not Listed on the Agenda. Jim Bryan • Provided Board members with fact sheet on Advance Mills Bridge. Charles Martin • Asked for an update on the feasibility of turning left in both lanes from Route 20 onto Route 250. Mr. Bryan responded that he is waiting for a reply from the Culpeper office. David Bowerman • Thanked VDOT for the report on Carrsbrook. • Mentioned the bridge repairs on the Locust Avenue and Park Street bridges. The traffic impacts are going to be significant. There needs to be some detour signs installed in the County coordination with the City. Clerk: Forward comments to Jim Bryan. 7. Presentation: Financial Advisors. • RECEIVED. 8. Public hearing on a request to include Blue Springs Farm Subdivision under Sec 4-213 of the County Code as an area where dogs are prohibited from running at large. • ADOPTED resolution. Clerk: Notify property owners of Board's action. Forward adopted resolution to County Attorney's office for inclusion in next update of County Code. 9. Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2002. • RECEIVED. 10. SP-2002-016. Old Trail Golf Club (formerly Bucks Elbow Golf Club) Amendment (Signs #44, 76&93). • APPROVED SP-02-16, by a vote of 5:0, subject to the 18 conditions recommended by the Planning Commission. Clerk: Set out conditions below. (Attachment 5) 11. FY 2004 Budget Briefing. • RECEIVED. 12. Closed Session: Personnel Matters. • At 12:35 p.m., the Board went into closed session. 13. Certify Closed Session. • At 1:52 p.m., the Board reconvened into open session and certified the closed session. 14. Appointments. • REAPPOINTED William Harvey to the Advisory Council on Aging, with said term to expire May 31, 2005. • REAPPOINTED Nickolas J. Sojke to the Charlottesville Albemarle Regional Transportation (CHART) Advisory Committee, with said term to expire April 3, 2005. • REAPPOINTED Edward Jones and Hovey Dabney to the Jefferson Area Board on Aging (T. J. Planning District), with said terms to expire June 3, 2005. Clerk: Prepare appointment lettesr, update Boards and Commissions book and notify appropriate persons. -Page 3- • APPOINTED Richard Lindsay to the Jefferson Area Board on Aging (T. J. Planning District), with said term to expire June 3, 2005. • REAPPOINTED Peter Sheras to the Region Ten Community Services Board, with said term to expire June 30, 2006. • REAPPOINTED Karen Lilleleht to the House Committee, with said term to expire December 31, 2005. • APPOINTED Kevin O'Connor to the Rivanna Solid Waste Authority Advisory Committee, with said term to expire December 31, 2004. 15. From the Board: Matters Not Listed on The Agenda. Dennis Rooker • Mentioned an article regarding West Nile. Wants to make sure the County has an ongoing communication program. Sally Thomas • Mentioned a letter from Central Virginia Health Services, Inc., an entity that, in 2002, provided service to 1700 patients in the Esmont area. They are applying for grant funding to expand their practice to include dental services and are requesting a letter of support. • She and Mr. Rooker will be meeting with Butch Davies regarding the Meadow Creek Parkway. Clerk: Prepare letter for Chairman's signature. 3:30 p.m. Joint Meeting with Planning Commission 2. Wk Session: Rural Areas Section of Comprehensive Plan. • HELD. 3. Adjourn. • The meeting was adjourned at 5:09 p.m. /ewc Attachment 1 - Virginia Festival of the Book Proclamation Attachment 2 - Deed and Agreement for Purchase of Claudius Crozet Park property Attachment 3 - Corville Farm Road Resolution Attachment 4 - Ordinance - Blue Springs Farm Subdivision Attachment 5 - Conditions of Approval -Page 4- Attachment 1 VIRGINIA FESTIVAL OF THE BOOK WHEREAS, Albemarle County is committed to promoting reading, writing, and storytelling within and outside its borders; and WHEREAS, our devotion to literacy and our support of literature has attracted over 1,000 writers and tens of thousands of readers to our VIRGINIA FESTIVAL OF THE BOOK; and WHEREAS, the VIRGINIA FESTIVAL OF THE BOOK celebrates the power of books and publishing; and WHEREAS, businesses, cultural and civic organizations, and individuals have contributed to the ongoing success of the VIRGINIA FESTIVAL OF THE BOOK; and WHEREAS, the citizens of Albemarle and Virginia, and the world, have made the VIRGINIA FESTIVAL OF THE BOOK the best book festival in the country; NOW, THEREFORE, I, Lindsay G. Dorrier, Jr., Chairman, on behalf of the Albemarle Board of County Supervisors, do hereby proclaim Wednesday, March 19, 2003 through Sunday, March 23, 2003 as the ninth annual VIRGINIA FESTIVAL OF THE BOOK and encourage community members to participate fully in the wide range of available events and activities. Signed and sealed this 5th day of March, 2003. -Page 5- Attachment 2 THIS DEED dated this _____ day of ___________________ 2003, by and between CLAUDIUS CROZET PARK, INC., a Virginia nonstock corporation, Grantor and the COUNTY OF ALBEMARLE, VIRGINIA, Grantee. WITNESSETH: That for and in consideration of the total sum of THIRTY THOUSAND DOLLARS ($30,000.00), and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantors do hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto the Grantee the following described property: All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situated in the Community of Crozet in Albemarle County, Virginia, designated as Albemarle County Tax Map 56 as Parcel 55, containing 2.19 acres, more or less, as shown on plat of Warren F. Wade, C.L.S., dated February 16, 1970 (the “Plat), of record in the Clerk’s Office of the Circuit Court of Albemarle County, Virginia in Deed Book 495, page 626, on which Plat the subject property is identified by the name “WILLIAM WASHINGTON”; being the same property conveyed to Seller by deed from Vivian W. Meads, Yvonne E. Shackelford, Denton Washington and Ora M. Washington dated June 1, 2000, of record in said Clerk’s Office in Deed Book 1924, page 103. Reference is made to the Plat for a more particular description of the land conveyed hereby. This conveyance is made expressly subject to all restrictions, conditions, rights-of-way and easements, if any, contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property conveyed hereby, insofar as same affect said property, which have not expired by a time limitation contained therein or have not otherwise become ineffective. The Grantee, acting by and through its Chairman, duly authorized by resolution of the Board of Supervisors of Albemarle County, Virginia, does hereby accept the conveyance of the interest in real estate made by this Deed. This Deed is exempt from recordation taxes imposed by Virginia Code § 58.1-801 pursuant to Virginia Code § 58.1-811(A)(3). WITNESS the following signatures. GRANTOR: CLAUDIUS CROZET PARK, INC., a Virginia nonstock corporation By: _______________________________ DANNY NEWTON PRESIDENT GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA By: ____________________________________ ROBERT W. TUCKER, JR. COUNTY EXECUTIVE -Page 6- AGREEMENT FOR PURCHASE OF REAL ESTATE THIS AGREEMENT FOR PURCHASE OF REAL ESTATE (the “Agreement”) made this _____ day of ________________, 2003 by and between CLAUDIUS CROZET PARK, INC., a Virginia nonstock corporation (hereinafter the “Seller”) and the COUNTY OF ALBEMARLE, VIRGINIA (hereinafter the “Buyer”). 1. Sale and Description of Property. In consideration of the mutual promises contained herein, Seller agrees to sell and Buyer agrees to buy certain real estate located in the County of Albemarle, Virginia (the “Property”), and described as follows: All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situated in the Community of Crozet in Albemarle County, Virginia, designated as Albemarle County Tax Map 56 as Parcel 55, containing 2.19 acres, more or less, as shown on plat of Warren F. Wade, C.L.S., dated February 16, 1970, of record in the Clerk’s Office of the Circuit Court of Albemarle County, Virginia in Deed Book 495, page 626, on which plat the subject property is identified by the name “WILLIAM WASHINGTON”; being the same property conveyed to Seller by deed from Vivian W. Meads, Yvonne E. Shackelford, Denton Washington and Ora M. Washington dated June 1, 2000, of record in said Clerk’s Office in Deed Book 1924, page 103. 2. Purchase Price. The purchase price for the Property is THIRTY THOUSAND DOLLARS ($30,000.00) and shall be paid by Buyer to Seller by cash, in the form of a check drawn on Buyer’s official account, at closing. 3. Conveyance. The Seller agrees to convey the Property by appropriate deed containing general warranty of title, which title shall be good, marketable and insurable, free and clear of all liens, indebtedness, encumbrances and tenancies, and subject only to such easements, covenants and restrictions of record that do not adversely affect marketability and insurability of title, that do not adversely affect Buyer’s intended uses of the Property and that are approved by Buyer prior to closing. In the event Buyer’s attorney finds title to be defective, and should Seller fail to remedy any defect within 60 days of notice thereof to them, Buyer make declare this Agreement null and void, and all funds paid to Seller by Buyer shall be refunded. 4. Uses. Buyer agrees to utilize the Property for County park and recreational purposes and community-related activities. 5. Right of First Refusal. Buyer and Seller agree that, in the event that Buyer ceases using the Property for park and recreational purposes and decides to sell the Property, Buyer shall provide written notice to Seller, who shall have the right of first refusal to purchase the Property. Once notified in writing of Buyer’s intent to sell the Property, Seller shall have 30 days to exercise the right of first refusal. Seller shall communicate its intent regarding the right of first refusal to Buyer in writing within the 30-day period. 6. Costs and Expenses. Seller shall pay Seller’s recording tax applicable to the transfer of the property to the Buyer, its share of the current real estate taxes and its own attorney’s fees. Buyer shall pay its own attorney’s fees, its prorata share of the current year's real estate taxes when due and payable, cost of title insurance, survey, subdivision and deed preparation and all recording costs (unless exempt) other than the Seller’s deed tax. Except as otherwise agreed herein, all other expenses incurred by Buyer in connection with this purchase, including without limitation title examination, insurance premiums, recording costs and fees of Buyer’s attorney, shall be borne by Buyer. All taxes, assessments, interest, rent, and escrow deposits, if any, shall be prorated as of the date of Settlement and paid by Seller. Buyer agrees to pay any rollback taxation assessed against the Property. -Page 7- 7. Closing. Closing shall take place at the Albemarle County Attorney's Office on or before January 30, 2003 (or earlier if Buyer and Seller agree), or as soon thereafter as title can be examined, and papers prepared. 8. Right of Entry. Buyer, its employees, representatives, agents and assigns, shall have the right to enter upon the Property at any time prior to closing for purposes of engineering, surveying, geotechnical investigation, soil borings and other necessary site investigation, so long as such studies do not result in a change in the character or topography of the Property. Buyer agrees to assume full responsibility for its actions or those of its employees, representatives, agents and assigns resulting from such entry, and shall pay all costs associated with such entry and any services obtained by it in the course of such site investigation. 9. Risk of Loss. All risk of loss or damage to the Property by fire, windstorm, casualty or other causes are assumed by, and shall be borne by the Seller until closing. In the event of any material loss, destruction or damage to the Property by reason of fire, windstorm, casualty or other causes prior to Closing which delays Closing, Buyer shall have the right to void this Agreement. 10. Condition of Property. Seller warrants that the Property will be in substantially the same condition at Closing as it is at the time of the execution of this Agreement. 11. Construction, Benefit and Effect. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia, shall be binding upon and inure to the benefit of the successors and assigns of the parties, constitutes the entire Agreement between the parties and may not be modified or changed except by written instrument executed by all the parties. 12. Agreement Survives Closing. It is expressly understood and agreed by Buyer and Seller that time is of the essence of this Agreement, and that all agreements, promises, stipulations and representations contained herein shall survive closing and shall bind the heirs, executors, administrators, agents, successors and assigns of the parties hereto. 13. Purchase Contingencies. This Agreement is subject to approval by the Board of Supervisors of the County of Albemarle, Virginia. 14. Authorization of Purchase. Seller warrants that it has approved the conveyance of the Property to Buyer pursuant to a duly authorized corporate resolution or other authorized action. IN WITNESS WHEREOF, the parties have signed this Agreement as of the day first above written. SELLER: CLAUDIUS CROZET PARK, INC., a Virginia nonstock corporation By: _______________________________ DANNY NEWTON PRESIDENT BUYER: COUNTY OF ALBEMARLE, VIRGINIA By: ________________________________ ROBERT W. TUCKER, JR. COUNTY EXECUTIVE -Page 8- Attachment 3 The Board of Supervisors of Albemarle County, Virginia, in a regular meeting on the 5th day of March, 2003, adopted the following resolution: R E S O L U T I O N WHEREAS, the street described below was established in 1971, currently serves at least three families per mile and serves from 200 to 300 cars per day from residencies with no viable alternative; and WHEREAS, the Virginia Department of Transportation has deemed this county's current subdivision control ordinance meets all necessary requirements to qualify this county to recommend additions to the secondary system of state highways, pursuant to 33.1-72-1, Code of Virginia; and WHEREAS, after examining the ownership of all the property abutting this street, this Board finds speculative interest does not exist. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests that the Virginia Department of Transportation to add the following street to the secondary system of highways, pursuant to 33.1-72.1(D), Code of Virginia: Name of Street: Croville Farm Road Length: 0.22 Miles From: Route 691 To: Cul-de-sac AND FURTHER RESOLVED, that the Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage; and FURTHER RESOLVED, that the Board requests the Virginia Department of Transportation to improve said street to the prescribed minimum standards, funding said improvements pursuant to 33.1- 72.1(D), Code of Virginia; and FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * The road described on Additions Form SR-5(A) are: 1) Corville Farm Road (Route 868) from the intersection of Route 691, (Greenwood Road) to the cul-de-sac, as shown on plat recorded 06/14/1971 in Deed Book 474, page 009; and Deed Book 499, page 376, in the Office the Clerk of Circuit Court of Albemarle County, with a 50-foot right-of-way width, for a length of 0.22 miles. Total Mileage - 0.22 mile. -Page 9- Attachment 4 ORDINANCE NO. 03-4(2) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4, Animals and Fowl, Article II, Dogs and Other Animals, Division 2, Running At Large, is hereby amended and reordained as follows: By Amending: Section 4-213 In certain areas. CHAPTER 4. ANIMALS AND FOWL ARTICLE II. DOGS AND OTHER ANIMALS DIVISION 2. RUNNING AT LARGE Sec. 4-213 In certain areas. A. It shall be unlawful for the owner of any dog to permit such dog to run at large at any time within the following designated areas of the county: (1) University of Virginia grounds lying within the county. (7-19-73) (2) Orchard Acres Subdivision, Crozet, as platted and put to record in the clerk's office of the county: Section l, Deed Book 322, page 146; section 2, Deed Book 471, page 401. (7- 19-73) (3) Woodbrook Subdivision as platted and put to record in the clerk's office of the county: Section l, Deed Book 358, page 297; section 2, vacated, Deed Book 414, page 115; section 3, Deed Book 386, page 39; section 4, Deed Book 397, page 177; section 4A, Deed Book 408, page 215; section 5, Deed Book 402, page 111; section 6, Deed Book 408, page 215; section 7, Deed Book 419, page 359; section 8, Deed Book 459, page 209; section 8A, Deed Book 481, page 231. (8-22-73) (4) Georgetown Green as platted and put to record in the clerk's office of the county in Deed Book 440, page 93. (9-26-73) (5) Crozet areas, beginning at a point, a corner common to parcels 96, 46 and 45B of section 56 of the county tax maps; thence in a westerly direction and 45B of section 56 of the county tax maps; thence, in a westerly direction along the southern boundaries of parcels 45B and 39, section 56 of the county tax maps to the centerline of State Route 240; thence with State Route 240 north to the intersection of the northeastern corner of parcel 11 of section 56 of the county tax map; thence, in a westerly direction with the northern boundary of parcel 11 to a corner with parcel 10D of section 56 of the county tax map; thence, in a southerly and westerly direction with the eastern and southern boundaries of parcels 10D, 10 and 9 of section 56 and parcel 69 of section 55 to a corner with parcels 69 and 71A of section 55; thence, with the boundaries of parcel 71A of section 56 in a southerly, westerly and northerly direction to the corner with parcel 70F of section 55; thence, in a westerly direction with the southern boundaries of parcels 70F, 72 (13), and 72B of section 55 to the southwestern corner of parcel 72B, a corner common with parcels 74 and 75 of section 55; thence, with the eastern boundary of parcel 74 in a northerly direction to the center of State Route 691 and continuing in a northerly direction across State Route 691 and along the eastern boundary of parcel 66 of section 55 to a corner with Orchard Acres, (section 55C); thence, with Orchard Acres in a -Page 10- clockwise direction to its intersection with the Chesapeake and Ohio Railway and continuing across the railway to its northern right-of-way; thence, in an easterly direction along the C & 0 right-of-way to its intersection with the western boundary of parcel 51 of section 55 extended; thence, in a northeasterly direction across State Route 788 to its intersection with the western boundary of parcel 51 of section 55; thence, in a northeasterly direction along the western boundaries of parcels 51, 50, and 49 section 55 and parcel 1 of section 56 to a corner with parcel 48 of section 55; thence, in a northwesterly and northeasterly direction along the southern boundary of parcel 48 of section 55 and the southern and western boundary of parcel 47 of section 55 continuing in a northeastern direction along the western boundaries of parcels 1, 3 and 5E of section 56 to a corner with parcel 5E of section 55, parcel 17 of section 40 and Sunrise Acres (section 40A); thence, with Sunrise Acres in a clockwise direction to the intersection with the centerline of State Route 810; thence, in a southwesterly and south-easterly direction with State Route 810 to the intersection with the southern boundary of parcel 64 of section 56; thence, in an eastern direction with the southern boundary of its inter-section with parcel 66 of section 56; thence, in a southerly and easterly direction around the western and southern boundaries of parcel 66 of section 56 to its intersection with parcel 66B of section 56; thence, in an eastern direction along the southern boundary of parcel 66B, section 56, to a corner with parcel 58 of section 56A (2); thence, in a southerly and easterly direction along the western boundary of parcel 58 to section 56A (2) to its inter-section with State Route 240 and continuing across State Route 240 and parcel 60 to section 56A (2) and the C & 0 Railway to a corner common to parcels 67 and 68 of section 56A (2) on the southern right-of-way of the C & 0 Railway; thence, with the southern right-of-way of the C & 0 Railway in a westerly direction to its intersection with a corner common to parcel 58 of section 56 and parcel 71B of section 56A (2); thence, in a southerly and easterly direction along the western and southern boundary of parcel 58 of section 56 to a corner with parcel 57A (1) of section 56; thence, in a southerly and easterly direction along the western and southern boundary of parcel 57A (1) of section 56 and the southern boundary of parcel 57 of section 56 to a corner with parcel 55 of section 56; thence, with parcel 55 of section 56 in a northeasterly direction to a corner with parcel 54 of section 56; thence, in a southeasterly direction with the southern boundary of parcel 54 of section 56 to its intersection with parcel 48 of section 56; thence, in a southeasterly and southern direction along the eastern boundary of parcel 48 of section 56 to its corner with parcel 47 of section 56; thence, in a southerly direction along the eastern boundaries of parcels 47 and 46 of section 56 to the point of beginning. (6) Jefferson Village Subdivision as platted and put to record in the clerk's office of the county in Deed Book 449, page 637 and Deed Book 452, page 87. (12-19-73) (7) Camelot Subdivision as platted and put to record in the clerk's office of the county in Deed Book 450, pages 127 through 129, Deed Book 545, page 68 and Deed Book 653, page 79. (1-23-74; 5-21-86) (8) Sherwood Manor Subdivision as platted and put to record in the clerk's office of the county in Deed Book 504, page 114 and Deed Book 514, page 505. (1-23-74) (9) Four Seasons as platted and put to record in the clerk's office of the county in Deed Book 467, page 378 and Deed Book 481, page 417. (3-27-74) (10) Earlysville Heights Subdivision as platted and put to record in the clerk's office of the county in Deed Book 452, page 165 and Deed Book 491, page 3. (3-27-74) (11) Westmoreland Subdivision as platted and put to record in the office of the clerk of the circuit court of the county, as section 1, Deed Book 402, page 91; section 2, Deed Book 414, page 29; section 3, Deed Book 419, page 265, and section 4, Deed Book 423, page 19. (5-22-74) (12) Hessian Hills Subdivision as platted and put to record in the office of the clerk of the circuit court of the county, as section 1, Deed Book 316, page 254; section 2, Deed Book 327, page 327; section 3, Deed Book 370, page 145; Deed Book 379, page 365 and section 4, Deed Book 378, page 107. (10-9-74) -Page 11- (13) Knollwood Subdivision as platted and put to record in the office of the clerk of the circuit court of the county, in Deep Book 272, page 3. (Does not include Old Forge Road or Hessian Hills Apartments.) (10-9-74) (14) Stonehenge Subdivision as platted and put to record in the office of the clerk of the circuit court of the county, in Deed Book 543, page 409; Deed Book 545, page 660; Deed Book 548, pages 326, 345, 346, 347, 348, 522 and Deed Book 550, page 320. (1-22-75) (15) Queen Charlotte Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 395, page 6. (3-10-76) (16) Country Green Apartments as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 453, page 553. (12-7-77) (17) Oak Hill Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 360, page 105; Deed Book 362, page 22; Deed Book 391, page 483; Deed Book 396, page 291; Deed Book 398, page 317; Deed Book 401, page 228; Deed Book 405, page 433; Deed Book 441, page 299 and Deed Book 468, page 85. (5-22-78) (18) Westgate Apartments (County Tax Map 61, parcels 42, 42C and 42D) as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 497, page 636; and Deed Book 529, page 147. (5-22-78) (19) Solomon Court Apartments (County Tax Map 61, parcels 42 and 43D) as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 349, page 390; Deed Book 353, page 145 and Deed Book 430, page 181. (5-22-78) (20) Carrsbrook Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 357, page 55; Deed Book 361, page 127; Deed Book 376, page 224, Deed Book 380, pages 249, 251 and 253; Deed Book 384, page 27 and Deed Book 387, page 469. (6- 21-78) (21) Deerwood Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 426, page 457; and Deed Book 455, page 16. (6-21-78) (22) Greenbrier Heights Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 550, page 601. (10-7-81) (23) Huntwood Subdivision as platted and recorded in the office of the clerk of the circuit court in Deed Book 728, page 377; and Deed Book 728, page 378. (5-13-87) (24) Hollymead as platted and recorded in the office of the clerk of the circuit court for the following areas: Sections 1 and 2 in Deed Book 531, pages 309 through 313; section 3 in Deed Book 714, page 444; Hollymead Square in Deed Book 633, page 330; tax map 46, parcel 28G in Deed Book 418, page 440; tax map 46, parcel 26B2 in Deed Book 741, page 304; and tax map 46B1-01-1 in Deed Book 489, page 381. (9-16-87) (25) The urban area of the county, the communities of Hollymead and Crozet and the village of Scottsville, all as defined in the Comprehensive Plan for Albemarle County, Virginia, and as shown on a map which is on file in the office of the clerk to the board of supervisors. (11-4-87) (26) Waverly Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 697, page 382; and Deed Book 781, pages 267 and 270. (12-16-87) (27) Whipporwill Hollow as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 643, pages 285 to 292; Deed Book 644, pages 269 and 270; Deed -Page 12- Book 646, pages 220 to 221; Deed Book 657, pages 789 to 790; Deed Book 659, pages 561 to 565; Deed Book 694, pages 544 to 545; and Deed Book 867, page 253. (12-16-87) (28) Key West/Cedar Hills Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 353, pages 193 to 197; Deed Book 365, page 202; Deed Book 37l, page 474; Deed Book 388, page 514; Deed Book 393, page 417; Deed Book 410, page 577; Deed Book 420, page 259; Deed Book 505, page 607; Deed Book 530, page 35l; Deed Book 543, page 114; Deed Book 661, page 44; Deed Book 692, page 453; and Deed Book 809, page 623. (9-7-88) (29) North Pines Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 703, pages 742, 743 and 744. (1-17-90) (30) The Meadows in Crozet as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 651, page 149. (8-8-90) (31) Milton Heights Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed Book 343, page 64. (8-17-94) (32) Shadwell Estates Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed Book 339, page 458. (8-17-94) (33) Thurston Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed Book 637, page 456. (12-7-94) (34) Glenmore Planned Residential Development as recorded in the Office of the Clerk of the Circuit Court of the County in Deed Book 1074, page 203 and Deed Book 1209, page 257. (1-4-95) (35) Peacock Hills Subdivision as recorded in the Office of the Clerk of the Circuit Court of the County in Deed Book 589, pages 205-212; Deed Book 708, pages 286; Deed Book 777, pages 039; Deed Book 904, pages 182, Deed Book 960, page 174; Deed Book 1025, page 610; Deed Book 1123, pages 071; Deed Book 1189, page 407; Deed Book 1310, page 128. (9-6-95) (36) Lexington Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County in Deed Book 564, page 088. (3-12-97) (37) Bedford Hills Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed Book 365, page 212. (12-2-98) (38) Westmont Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed Book 1513, page 201, and in Deed Book 1617, page 510. (39) Blue Springs Farm Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed Book 1341, page 121. B. For the purposes of this section, a dog shall be deemed to be running at large while roaming, running or self-hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control. Any person who permits his dog to run at large shall be deemed to have violated the provisions of this section, and, upon conviction, shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). It shall be the duty of the animal control officer to enforce the provisions of this section. (7-19-73; 8-22-73; 9-26-73; 11-15-73; 12-19-73; 1-3-74; 1-23-74; 3-24-77; 5-22-74; 10-9-74, 1-22-75; 3- 10-76; 4-21-76; 12-7-77; 5-22-78; 6-21-78; 10-7-81; 5-21-86; 5-13-87; 9-16-87; 11-4-87; 12-16-87; 9-8- 88; Ord of 1-17-90; Ord. of 8-8-90; Ord. No. 94-4(2), 8-17-94; Ord. No. 94-4(3), 12-7-94; Ord. No. 95-4(1), -Page 13- 1-4-95; Ord. No. 95-4(2), 9-6-95; Code 1988, § 4-19; Ord. 98-A(1), 8-5-98; Ord. 98-4(1), 12-2-98; Ord. 00- 4(1), 5-3-00; Ord. 03-4(2), 3-5-03) State law reference--Authority of county to adopt this section, Va. Code § 3.1-796.93. -Page 14- Attachment 5 CONDITIONS OF APPROVAL Agenda Item No. 10. SP-2002-016. Old Trail Golf Club (formerly Bucks Elbow Golf Club) Amendment (Signs #44,76&93). Public hearing on a request to allow public golf course w/clubhouse in accord w/Secs 10.2.2.4, 13.2.2.4 & 16.2.2.4 of the Zoning Ord. TM 55, Ps 84C,84E,102,103,103F,83&71 contains 207 acs. Loc on Rockfish Gap Turnpike (Rt US 250) approx 0.5 mls E of intersec of US 250 & I- 64. Znd RA, R-1, R-6 & EC. White Hall Dist. 1. The facility shall be in general accord with the plan titled “Old Trails Golf Club”, prepared by Roudabush, Gale & Associates, Inc., dated October 21, 2002, and revised December 16, 2002, subject to these conditions; 2. The applicant shall construct a road to serve the golf course, built to public road standards and running from Route 250 to the property line at the northern edge of Tax Map 56, Parcel 14. The road shall follow an alignment consistent with the Crozet Master Plan, once adopted; 3. Private club memberships shall not be required for access to or play on the course; 4. There shall be no outdoor lighting of the course or of the practice area/driving range; 5. No new residential development shall be permitted within the “Limits of Golf Course indicated on the plan titled “Old Trails Golf Club”, prepared by Roudabush, Gale & Associates, Inc., and dated October 21, 2002, and revised December 16, 2002; 6. The existing house known as Mountain View shall not be demolished; 7. The clubhouse, restroom building, and maintenance facility shall be located within the Albemarle County Service Authority jurisdictional area; 8. No portion of any structure, excluding signs, shall be located closer than fifty (50) feet to any residential or rural district. No parking area or loading space shall be located closer than twenty (20) feet to any residential or rural district; 9. All landscaping around the clubhouse, restroom building, maintenance facility, parking area and other facilities shall include only native plants identified in the brochure “Native Plants for Conservation, Restoration, and Landscaping: Piedmont Plateau,” published by the Virginia Department of Conservation & Recreation; 10. Vegetated areas of the facility outside the tees, greens, fairways, roughs, cart paths, and access road shall remain in their current states (if wooded) or be revegetated and maintained in native plant species. These species shall be selected from the brochure “Native Plants for Conservation, Restoration, and Landscaping: Piedmont Plateau” and/or “Native Plants for Conservation, Restoration, and Landscaping: Riparian Forest Buffers,” published by the Virginia Department of Conservation & Recreation. Species identified in the “Riparian Forest Buffers” brochure as being native only to the Coastal Plain region shall not be used. Management of these areas shall maintain them in native plant species. Non-native plant species shall be diligently removed from these areas. The applicant shall submit a letter from the Thomas Jefferson Soil & Water Conservation District stating that these plantings required in have been established to the District’s satisfaction; 11. The applicant, upon the request of the County, shall provide verification to the satisfaction of the Director of Planning and Community Development that the site is in compliance with the specifications contained in Conditions 9 and 10 regarding the landscaping plan; 12. Stream buffers in pasture at the date of this approval shall be revegetated in accordance with the schematic titled “Minimum Standard for Hole Crossings in Existing Pasture Areas”, dated January 15, 2003, and prepared by Jerry Kami. The design of the stream crossing on hole twelve (12) shall be deemed to be in general accord with the plan titled “Old Trails Golf Club”, prepared by Roudabush, Gale & Associates, Inc., dated October 21, 2002 and revised December 16, 2002, and shall use a minimal sight line subject to a mitigation plan to be approved by the Department of Engineering and Public Works; 13. Irrigation water for the golf course shall come only from surface water impounded on existing ponds on the site; -Page 15- 14. The dams and outlet structures on the two (2) ponds on the site shall be repaired and upgraded to the satisfaction of the Department of Engineering and Public Works; 15. The course shall secure Department of Engineering and Public Works approval of a natural resources management plan. This plan shall address wildlife conservation and habitat enhancement, waste reduction and management (including hazardous material storage and spill containment), energy efficiency, water conservation (including water-use reporting and efforts to protect streamflow in Slabtown Branch), water quality management (including runoff management for the clubhouse area, monitoring, and reporting), and integrated pest management. The applicant, upon the request of the County, shall provide verification to the satisfaction of the Director of Engineering and Public Works that the site is in compliance with the specifications contained in the plan; 16. Grading shall be carried out in general accord with the conceptual grading plan titled “Preliminary Grading Plan,” prepared by Gene Bates Golf Design, and dated January 9, 2003; 17. Cart-path stream crossings shall be built in general accord with the drawings titled “Wooden Cartway Crossing Plan” and “Wooden Cartway Crossing Elevation;” and 18. Neither the green for hole fourteen (14) nor the tee boxes for hole fifteen (15) shall be located less than twenty-five (25) feet from the property line.