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HomeMy WebLinkAbout1986-12-17144 December 17, 1986 (Regular Night Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on December 17, 1986 at 7:30 P.M., Meeting Room ~7, County Office Building, 401 McIntire Road, Charlottesville, Virginia. BOARD MEMBERS PRESENT: Messrs. F. R. Bowie, Gerald E. Fisher, J. T. Henley, Jr., C. Timothy Lindstrom and Peter T. Way. BOARD MEMBER ABSENT: Mrs. Patricia H. Cooke. OFFICERS PRESENT: Mr. Guy B. Agnor, Jr., County Executive; Mr. George R. St. John, County Attorney; Mr. John T. P. Horne, Director of Planning and Development. Agenda Item No. 1. Chairman, Mr. Fisher. Call to Order. The meeting was called to order at 7:35 P.M. by the Agenda Item No. 2. Agenda Item No. 3. Pledge of Allegiance. Moment of Silence. Agenda Item No. 4. Consent Agenda. Mr. Way offered motion to approve items 4.1 and 4.2 and to accept the remaining items on the Consent Agenda as information. Mr. Lindstrom seconded the motion which was carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Bowie, Fisher, Henley, Lindstrom and Way. None. Mrs. Cooke. Item No. 4.1. Statements of Expenses for the Director of Finance, Sheriff, Common- wealth's Attorney and Regional Jail for the Month of November, 1986 were approved as presented. Item No. 4.2. Take Roads in Sections 2 and 3 in Earlysville Forest Subdivision into State Secondary System. Letter of request to have these roads taken into the State System had been on file since August 27, 1982. The County Engineer having certified that the roads were now ready for acceptance, the Board adopted the following resolution to take Sections 2 and 3 of Earlysville Forest Subdivision into the State Secondary System: BE IT RESOLVED by the Board of Supervisors of Albemarle CoUnty, Virginia, that the Virginia Department of Highways and Transportation be and is hereby requested to accept into the Secondary System of Highways, subject to final inspection and approval by the Resident Highway Department, the following roads in Sections 2 and 3 in Earlysville Forest Subdivision: Windy Cove Beginning at station 0+11, a point common with the edge of pavement of Earlysville Forest Drive and the centerline of Windy Cove, thence in a northerly direction 614.42 feet to station 6+25.42, the end of the cul-de-sac. Pine Grove Beginning at station 0+11, a point common with the edge of pavement of Earlysville Forest Drive and the centerline of Pine Grove, thence in a northeasterly direction 775.82 feet to station 7+86.82, the end of the cul-de-sac. Earlysville Forest Drive Beginning at station 10+10.5, a point common with the centerline of Earlysville Forest Drive and the edge of pavement of State Route 743, thence in a northeasterly direction 3162.07 feet to station 41+72.57, the end of this dedication. BE IT FURTHER RESOLVED that the Virginia Department of Highways and Transportation be and is hereby guaranteed a 40 foot unobstructed right-of- way and drainage easements along Windy Cove and Pine Grove, and is hereby guaranteed a variable right-of-way and drainage easement along Earlysville Forest Drive (all roads being built in accordance with the approved plans) as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 717, page 036, Deed Book 738, pages 269 and 270, Deed Book 748, pages 236 and 237, and Deed Book 849, page 299. Item No. 4.3. Letter from Senator Paul Trible dated December 11, 1986, re: Aircraft Surveillance Radar at the Charlottesville-Albemarle Airport. The Board accepted as infor- mation the following letter from Senator Trible: "I share your strong support for the installation of an Aircraft Surveil- lance Radar at the Charlottesville-Albemarle Airport. I have been working closely with the Federal Aviation Administration and the Office of Manage- ment and Budget over the last several weeks to press for funds in the Administration's FY88 budget. Currently, DOT and OMB are finalizing program funding levels. I have con- tacted Jim Miller, Director of OMB, to stress the importance of the radar to Central Virginia. I expect that the Administration's budget will be com- pleted within the next two weeks. December 17, 1986 (Regular Night Meeting) (Page 2) Once funding levels have been established, the FAA will make a final deter- mination as to which airports receive radars. Over the past year, I have been in frequent contact with FAA Administrator Don Engen and other FAA officials to underscore my strong support for Charlottesville. I am pre- pared to contact Don again as this decision is being made. Of course, the Administration and Congress must work together to enact a final version of the Budget. Rest assured I am deeply committed to the project and will continue to work for you throughout the budget process." Item No. 4.4. Letter from the Highway Department dated December 4, 1986, re: Route 240, "Three Notch'd Road." The letter from J. G. Ripley, Director of Planning & Programming, was received as information and read as follows: "This is in reference to your letter of October 28, 1986, concerning Route 240, "Three Notch'd Road. It is our intention to request the Highway and Transportation Board to name Route 240 between Route 250 and Route 810 in Crozet "Three Notch'd Road." After the road has been named by the Highway and Transportation Board, the signs will be fabricated and erected by the Department. Signs for Secondary Routes 680 and 802, designating the ."original route," should be handled in the same manner as any other streets signed in Albemarle County, using pro- cedures established between your Board and our Resident Engineer. You will be advised when the Highway and Transportation Board has acted on this request." Agenda Item No. 4. SP-86-85. Alexander Simpson. Locate a single-wide mobile home on 16.9 acres zoned RA. Located on west side of Rt. 704, about .2 mile south of intersection of Rt. 714 and Rt. 704. Tax Map 121, Parcel 77, Scottsville District. (Advertised in the Daily Progress on December 2 and December 9, 1986.) Mr. Horne informed the Board that this petition has been deferred by the Planning Commission until its meeting of January 6, 1987. At the suggestion of the Clerk, Mr. Lindstrom offered motion to defer the item until January 7, 1987. Mr. Way seconded the motion which carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Bowie, Fisher, Henley, Lindstrom and Way. None. Mrs. Cooke. Agenda Item No. 5. Moorman's River Agricultural and Forestal District. Establishment of the Moorman's River Agricultural and Forestal District, pursuant to Section 15.1-1511.B.5 of the Code of Virginia. The proposed district consists of 5,654 acres located on the north side of Rt. 613 (Garth-White Hall Road) between Owensville and Rt. 671. Other parcels are located on Rts. 662, 665, 671, 675 (Albemarle Lake Road), 676, 678 (Ridge Road), 680, 821 (Old Blufton Road) and 829. Most of the proposed district lies between the Moormans and the Mechum Rivers. (Advertised in the Daily Progress on December 2 and December 9, 1986.) Agenda Item No. 6. Public Hearing on an Ordinance to Amend and Reenact Section 2.1-4 of the Albemarle County Code entitled "Agricultural and Forestal Districts" by the addition of Subsection (g) entitled "Moorman's River Agricultural and Forestal District." Mr. Horne told the Board that the exact delineation of the District has been somewhat changed since the staff report was written. He stated that the original group of parcels are set forth in the staff report of November 13, 1986, and a second group of qualifying parcels is presented in the addendum to the staff report, dated December 17, 1986. There are addi- tional applications that will be brought to the Board tonight. Mr. Fisher suggested that Mr. Horne discuss the parcels which were reviewed by the staff and the Planning Commission first, and then the Board will hear about the additions. Mr. Horne stated that on November 11, 1986, the Planning Commission heard a proposal to create the Moorman's River Agricultural and Forestal District in accordance with the Code of Virginia. At that meeting, a district consisting of approximately 5670 acres was approved by the Commission. There were additional applications presented during that meeting, and the Commission reviewed and acted on the full proposal including the additions. Mr. Horne then presented the Staff Report of November 13, 1986, as follows: "Proposal: To create the Moorman's River Agricultural/Forestal District in accordance with Section 15.1-1511 of the Code of Virginia, consisting of 5,654 acres. Location: Moorman's River District is proposed on the north side of Routes 601/614 (Garth/White Hall Roads), between Owensville and Route 671. Other parcels are located on Routes 662, 665, 671, 675 (Albemarle Lake Road), 676, 678 (Ridge Road), 680, 821 and 829. Tax Map 28, Parcels 7Al, 17A, 17C, 18, 32B, 32D, 34, 34A, 34B, 37C, 37D, 38; Tax Map 29, Parcels 7B, 49C, 50, 61, 63, 63A, 63D, 67C, 69D, 69F, 70A, 70B, 70C, 70F, 70G, 70H, 70H1, 70K, 70L, 70M, 71, 7lA, 74A, 76, 77, 78, 79, 79A1, 79A2, 79B, 79C, 79D, 79D1, 84; December 17, 1986 (Regular Night Meeting) (Page 3) Tax Map 30, Parcels 10, 12; Tax Map 41, Parcels 17C, 50, 67, 67B, 68, 72B, 72C, 89; Tax Map 42, Parcels 5, 6, 6B, 8, 8C, 10, 10A, 37J, 40D, 40G, 40H2, 42B, 43, 43A, 44; Tax Map 43, Parcels 1, lB, 2, 3, 3A, 3C, 4C, 5, 5A, 16B, 30B, 30D, 58; Tax Map 44, Parcels 24, 26, 26C. Summary and Recommendations: The purpose of this report is to present to the Board of Supervisors the recommendations of the Planning Commission, Advisory Committee and Staff regarding the proposed District. Staff agrees with the Advisory Committee that the district should be approved as submitted and concurs with the Committee's other recommen- dations: 1) The district should be approved for the maximum permitted length of time of eight years; 2) Any property owners with qualifying acreages who wish to join the district should be permitted to join up until the time of the Board's public hearing; 3) 4) The Board should consider allowing all parcels which are included in a district to be assessed under the land use value method, even if they do not qualify under the land use value criteria; The applicants should be commended for making this commitment to agriculture and forestry. On November 11, 1986 the Planning Commission accepted the Report of the Advisory Committee and unanimously recommended that the Moorman's Agricultural/Forestal District be approved. STAFF COMMENT Land Use: Seventy-one of the total 87 parcels are enrolled in the land use value assessment program as follows: Agricultural land use - Forestal land use - Non-qualifying acreage - Acreage not enrolled in land use - Total - 2353 acres 3107 73 121 5654 acres Existin9 Development and Zoning Land in the proposed district is being used for pasture, hay crops, forest and livestock, mainly horses. There are about 67 hOuses in the proposed district, or one per 84 acres. Adjacent to the district there are three major subdivisions: Brinnington, Waverly and Whippoorwill Hollow. Other- wise, the area contains scattered houses on large lots and farms. The entire area is zoned Rural Areas. The proposed district is in compliance with the statement of intent for the RA zoning district. The proposed district is located within the South Fork Rivanna Reservoir watershed. Comprehensive Plan The proposed district is part of Rural Areas I and III. The nearest growth area is Ivy Village, a distance of about three miles. The district is located about three and one-half miles from the Urban Area. The proposed district is consistent with Goals 1 and 2 of the Plan, regarding preser- vation of natural resources and important farmlands and forestal areas. Effects of the District The general effects of an Agricultural/Forestal District are summarized in a report by the Piedmont Envionmental Council dated March 21, 1985, which is attached to the staff's report. The specific effects of the district are: Conservation of the County environmental resources, including forested areas, areas of scenic beauty, open space and wildlife. Support of the agricultural and forestal uses in the area. Adjacent property owners may be encouraged to continue agricultural uses if they do not anticipate development of adjacent land. Future land use decisions must recognize the Moorman's River District. The District would have no effect on development by right, but could have an effect on proposed rezonings or uses by special use permit." December 17, 1986 (Regular Night Meeting) (Page 4) Mr. Horne said when the Planning Commission reviewed the District it consisted of approximately 5670 acres. He went to a map on the wall to point out the original parcels (shown in yellow), and those parcels added at the Planning Commission hearing (shown in orange). Since that time more applications have been submitted (shown in green), making up an additional 1927 acres. The staff has examined these additional requests in a general sense and find that the parcels are qualified. Mr. Horne then presented the following addendum to the original staff report: "Applications for 1927 additional qualifying acres have been received since the Planning Commission's public hearing. The new qualifying parcels are: Tax Map 27, Parcel 32; Tax Map 28, Parcels 2, 2A, 3, 4, 5, 6, 6A, 23B, 32C; Tax Map 29, Parcels 8, 8B, 8E, 8H, 8J, 8K, 15C, 40B, 40C, 40D, 54A; Tax Map 41, Parcel 18; Tax Map 43, Parcels 4D, 9, 10, 17, 18, 18A, 18C, 18E4, 18F, 18J, 20A, 20B, 20C, 21, 2lA, 23A, 23D, 30, 30A, 30G, 30H, 30M, 33, 45A; Tax Map 44, Parcels 1, 2, 25, 28, 29, 29A, 29D, 30, 30B, 31G; Tax Map 59, Parcels 30, 30C. Parcels are enrolled in the land use value assessment program as follows: Agricultural Forestal Non-Qualifying Acreage (House Sites, etc.) Acreage Not Enrolled Total 1214 acres 584 71 58 1927 acres The additional parcels form a logical addition and make the district more cohesive." Mr. Horne said if the Board approves the District as submitted tonight, including the new applications, the District will contain approximately 7581 acres. He pointed out that the Commission had recommended approval of only the acreage submitted to them, including the additions made at its hearing. The new acreage requested to be added tonight does qualify under the law, but has not been reviewed by the Planning Commission. Mr. Fisher said it appears the Planning Commission recommended that the Board approve any new additions. Mr. Horne said the Commission felt that if landowners of qualifying acres submitted applications up to the time of the Board's hearing, that acreage should be included in the District. Mr. Way asked Mr. Horne to define "non-qualifying acreage." Mr. Horne responded that this means land which does not qualify for the land use taxation program. Those parcels do qualify to be part of an A/F District. Mr. Way asked if when these lands become part of the District, if they qualify for the taxation program. Mr. Horne said no. Under State law they must meet the criteria for the land use taxation program in order to get that qualification. Mr. Horne noted that the Advisory Committee suggested that the County investigate the possi- bility of assessing those parcels at the same level even though they are not eligible under the state law for the exact program of land use taxation. That suggestion is not included for action tonight. That is something the County Attorney should look into before any action is taken. Mr. St. John said that positively cannot be done. The statute under which the County is operating to create this District expressly says that the lands placed in an A/F District shall be given land use treatment provided the lands are otherwise qualified under the land use tax ordinance. There being no further questions from the Board at this time, the public hearing was opened. Mr. Forbes Reback, representing Mr. and Mrs. John H. Birdsall, III, stated he was pleased to have been able to participate in this endeavor to put together so much acreage. He said there is another 400 to 500 acres which will be submitted for inclusion tonight. He said the group putting the District together had tried to bring Mr. John Rogan's property into the District, but without success because he was more than one mile from the core of the District. Tonight, an application was received from Mrs. Rosa Carrington at Red Acres, which land attaches to Mr. Rogan's property and his property to be within a mile of the Owensville Corner, so his property now qualifies and can be brought into the District. Ms. Tamara Vance of the Piedmont Environmental Council, came forward. She said the Council had been assisting the landowners in creating the District. She said there are the following parcels to be added tonight: Parcel 41-15A (Abell) which is adjacent to the Birdsall property on the north; Parcel 43-18G, the Carrington parcel which permits pre- viously submitted acreage of Mr. John Rogan (59-32A and 82A) and the Oakencroft Winery (43-19I and 59-032) to be brought into the District. There are three parcels owned by Abbott and Abell (28-37, 37A and 37B) to be added. Another piece is the Gould's (59-35) which is south and adjacent to Rogan. Rogan, Carrington and Gould will all be adjacent and within a mile of the core. Although some of Mr. Edgar Bronfman's property is in the earlier original application, there is another two-acre parcel (29-54A) to be considered tonight. All of this acreage is adjacent to currently approved acreage except for the Bronfman parcel which is within a mile of the core. She stated she will turn in the list and the applications to the Clerk, but needs to revise the cover letter because the additions increase the total acreage from 7588 acres to over 8,000 acres. Mr. Fisher asked if all of the applications contain signatures of the property owners for all of the parcels that are proposed to be added tonight. Ms. Vance answered that the applications are signed by either the owner or an attorney for that owner. She said she will submit the original applications plus the 20 required copies of each. December 17, 1986 (Regular Night Meeting) (Page 5) Ms. Heater Whitcher, who lives on Route 680, addressed the Board. She emphasized her approval of the District. She said it is wonderful to preserve the land as it is. She hopes the Board will approve the District. There being no one else from the public rising to speak, the public hearing was closed. Mr. St. John stated in answer to the earlier question about parcels which are not otherwise qualified for land use taxation, the Board needs to be sure that in this process none of the owners of that kind of parcel were not assured that they would receive land use taxation by putting their property into this District. If there is any chance that has happened, the fact they are not eligible under the law should be publicized. Mr. Reback said he had spoken with 95 percent of the landowners and that question was raised in several cases. He said he gave no false assurances to any owners of small lots. Ms. Vance said that recommendatic~ was discussed by the Advisory Committee, but never came up among the landowners. The people with small parcels realize they will not be given consideration under the land use taxation program. The only discussion she had about the land use program was that if the County dropped that ordinance, the land that currently falls under its provisions will continue to receive the benefits of the land use program. Mr. St. John said that is correct. Ms. Vance said she does not feel any misimpressions were given. Mr. St. John added that some people believe that if they become part of an A/F District, and their property otherwise qualifies for the land use program, they automatically come under the land use program without applying for it. The words of the statute are a little ambiguous about that; however, as a practical matter, he wonders how the Finance Department would be able to determine whether a parcel qualifies for land use taxation unless the owner applies. Only the owner can supply the historical data necessary for the Finance Office to make that decision. The safest and surest way to come under the provisions of the ordinance is for the owner(s) to apply for the land use program, and not assume it is automatic. Mr. Lindstrom said he does not feel there is any legal problem with inCluding the additional parcels submitted tonight, and he will support the District with all of the parcels mentioned being a part of same. A large portion of the proposed District lies in the Jack Jouett District. He knows how much work has been involved in putting this District together. He stated that he actively supports the preservation of farm land. He then offered motion to approve the Moorman's River Agricultural and Forestal District. Mr. Fisher asked if the motion includes the parcels added tonight. Mr. Lindstrom said, yes, including all of the parcels. Mr. Henley seconded the motion. With no further discussion, roll was called and the motion carried with the following recorded vote: AYES: Messrs. Bowie, Fisher, Henley, Lindstrom and Way. NAYS: None. ABSENT: Mrs. Cooke. Mr. Fisher asked Mr. St. John if it is appropriate to adopt the Ordinance at this time. Mr. St. John said yes, provided the Clerk's documentation accurately defines these parcels. He said there should be a map in case any question comes up. Ms. Vance said she has a map, but it needs to be updated to include the parcels submitted tonight. Mr. St. John asked if any of these land parcels have been divided so that part of the parcel is in the District and part is no~. Ms. Vance stated that it was made clear to the landowners that if they intend to subdivide in the near future, they would need to survey the property and get the parcels divided before coming into the District. Some people have chosen to put off coming into the District because they have that intention. The landowners were told that the Piedmont Environmental Council will help them put together an amendment to the District after the first of the year. Mr. St. John said he feels the ordinance can be amended using the parcel numbers, but to get the map as soon as possible. Mr. Fisher asked exactly which parcels are to be included. Mr. Horne said all of those parcels approved by the Planning Commission on November 11, 1986, plus the parcels shown on the addendum of December 17, 1986. Mr. Fisher aSked Ms. Vance to list the parcel numbers of those properties added tonight. Ms. Vance listed them: Abell, Parcel No. 41-15A; Carrington, 43-18G; Abbott, 28-37A, 37B, 37; Gould 59-35; Bronfman, 29-54A. There is also be previously submitted parcels which are now eligible: John Rogan's land, Parcels, 59-32A, 59-82A; and Oakencroft Winery, Parcel 43-19I, 59-32. There are also some previously submit- ted parcels that still do not qualify. Piedmont Environmental Council will try to include those parcels in a future amendment to the District. At this time, Mr. Lindstrom offered motion to adopt the following ordinance which amends Section 2.1-4 of the County Code by adding subsection (g) and including in that ordinance the parcels listed in the December 17, 1986, addendum to the staff report regarding this Agricul- tural and Forestal District and also including: Parcels 41-15A, 43-18G, 28-37A, 37B, 37, 59-35, 29-54A, 59-32A, 59-82A, 43-19I, and 59-32. Mr. Henley seconded the motion. Mr. Fisher stated that while he favors the property owners who want to take this action, he is uncomfortable with adopting an ordinance that is this messy. He said he thinks this is a bad practice and feels it~s~uld be~a_~_~v~oid~~~a~~e~d ~s~e~o~ is~ncomfort- .~ a~le with thi~ procedure,~,,~ ~+f~ cf~=,., ~,~,~ ~~ ~,~ ,,~ ~ ~. ~ ~/~~ ~~., =~ .... - .... . ~r ~enacn s~ooo to say that there was one error zn a parcel n~ber, Parcel 41-15A should actually be 41-15. Mr. Lindstrom changed the motion to incorporate this change. The seconder agreed. There was no further discussion. Roll was called and the motion carried with the following recorded vote: AYES: NAYS: ABSENT: Messrs. Bowie, Fisher, Henley, Lindstrom and Way. None. Mrs. Cooke. December 17, 1986 (Regular Night Meeting) Note: The Ordinance as adopted follows:) AN ORDINANCE TO AMEND AND REENACT SECTION 2.1-4 OF THE ALBEMARLE COUNTY CODE ENTITLED "AGRICULTURAL AND FORESTAL DISTRICTS" BY THE ADDITION OF SUB-SECTION (g) ENTITLED "MOORMAN'S RIVER AGRICULTURAL AND FORESTAL DISTRICT" BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section 2.1-4 is hereby amended and reenacted by the addi- tion of sub-section (g) entitled "Moorman's River Agricultural and Forestal District" to read as follows: Section 2.1-4. Districts described. There are hereby established seven agricultural and forestal districts within the county as follows: (g) The district known as the "Moorman's River Agricultural and Fores- tal District" consists of the following described properties: Tax Map 27, Parcels 32; Tax Map 28, Parcels 2, 2A, 3, 4, 5, 6, 6A, 7Al, 17A, 17C, 18, 23B, 32B, 32C, 32D, 34, 34A, 34B, 37, 37A, 37B, 37C, 37D, 38; Tax Map 29, Parcels 2C, 7B, 8, 8B, 8E, 8H, 8J, 8K, 15C, 40B, 40C, 40D, 49C, 50, 54A, 61, 63, 63A, 63D, 67C, 69D, 69F, 70A, 70B, 70C, 70F, 70G, 70H, 70H1, 70K, 70L, 70M, 71, 7lA, 74A, 76, 77, 78, 79, 79A1, 79A2, 79B, 79C, 79D, 79D1, 84; Tax Map 30, Parcels 10, 12; Tax Map 41, Parcels 15, 17C, 18, 50, 67, 67B, 68, 72B, 72C, 89; Tax Map 42, Parcels 5, 6, 6B, 8, 8C, 10, 10A, 37J, 40D, 40G, 40H2, 42B, 43, 43A, 44; Tax Map 43, Parcels 1, lB, 2, 3, 3A, 3C, 4C, 4D, 5, 5A, 9, 10, 16B, 17, 18, 18A, 18C, 18E4, 18F, 18G, 18J, 19I, 20A, 20B, 20C, 21, 2lA, 23A, 23D, 30, 30A, 30B, 30D, 30G, 30H, 30M, 33, 45A, 58; Tax Map 44, Parcels 1, 2, 24, 25, 26, 26C, 28, 29, 29A, 29D, 30, 30B, 31G; Tax Map 59, Parcels 30, 30C, 32, 32A, 35, 82A. Agenda Item No. 7. ZMA-86-09. Hunters Hall Subdivision. Rezone 17 lots for a total of 46 acres from HC to LI. Property known as Hunters Hall on north side of Rt. 250 East approx- imately one mile east of intersection with 1-64. Tax Map 78, Parcels 49C, 49D, 49E, 49F and 49G; Tax Map 79, Parcels 4B, 4C, 4D, 4E, 4F, 4G, 4H, 4J, 4K, 4L, 4M and 4N. Rivanna Dis- trict. (Advertised in the Daily Progress December 2 and December 9, 1986.) Mr. Horne discussed the staff's report which follows: "Applicants: William H. White - Tax Map 78, Parcels 49C, 49D, 49E, 49F and 49G; Tax Map 79, Parcels 4B, 4C, 4F, 4H, 4J, 4M and 4N. Alumni Association of the University of Virginia - Tax Map 79, Parcel 4K. Virginia Student Aid Foundation - Tax Map 79, Parcel 4D. Woodberry Forest School - Tax Map 79, Parcel 4E and 4L. David W. Carr of Carr Realty has been designated as agent for these property owners for the purposes of this rezoning petition. The various applicants will be referred to as 'Hunter's Hall Owners.' Petition: Hunter's Hall Owners petition the Board of Supervisors to rezone 46.12 acres from HC, Highway Commercial, to LI, Light Industrial, with PROFFER. Hunter's Hall Subdivision consisting of 20 lots (17 proposed for rezoning) surrounds Lowe's Building Supply on U. S. Route 250 East near Shadwell in the Rivanna Magisterial District. Character of the Area: The Hunter's Hall subdivision is bordered on the northeast by 1-64 and on the southwest by U. S. Route 250 East. Virginia Department of Highways and Transportation Resident Engineer's office is to the east. Property to the west is undeveloped. Land across U. S. Route 250 East is owned by the Thomas Jefferson Memorial Foundation. All of these properties are zoned RA, Rural Areas. Hunter's Hall subdivision surrounds Lowe's Building Supply which is zoned HC, Highway Commercial. Hunter's Hall subdivision consists of 20 lots. Lot 2 is developed with Forest Hill Associates, a building contractor. Lot 1 has been approved for Nationwide Homes, a model home/sales office. (These two developed lots along with vacant lot 20 would remain HC, Highway Commercial). All lots in the subdivision have access restricted to Hunter's Way Road and no direct access to Route 250 East is permitted. Applicant's Proffer (follows): During discussions of this proposed rezoning between the applicant and staff, the lack of public utilities to the pro- perty was identified as a concern in terms of industrial sewage disposal. While a special use permit is required for any use involving industrial sewage disposal, the applicant has offered additional safeguard by proffering to delete certain uses (in addition to certain other uses normally involving industrial sewage disposal), and also proffering that no remaining use would involve industrial sewage disposal. December 17, 1986 (Regular Night Meeting) ~f Back~round: Hunter's Hall subdivision was approved in 1979 and was zoned B-1 Business at that time. Prior to adoption of the current zoning ordi- nance, roadway construction was nearly completed. (In addition to costs for decel/turn lane, curb and gutter and drainage improvements at U. S. Route 250 East, bonds were posted for the internal public road in an amount of $178,000). Also, a site plan had been approved for a contractor's office on one lot; all other lots were vacant. Rather than undertake extensive discussion of individual properties and to insure consistency in zoning, the Board directed the staff to develop a zoning map based on a series of policy statements derived from the Comprehensive Plan. While this policy approach worked well generally, there were a very few peculiar situations which were referred to the Board. In the case of Hunter'.s Hall subdivision, the property was recognized with Highway Commercial zoning due primarily to road construction. Comprehensive Plan; Staff Comment: Hunter's Hall subdivision is in a rural area and, therefore, the existing HC Highway Commercial zoning does not conform to the Comprehensive Plan. Commercial zoning districts are to be restricted to designated growth areas. The Comprehensive Plan states that industrial sites 'need not be restricted to growth areas' but should be served by public utilities. A policy determination to be made by the Commission and Board in this case is whether or not it is appropriate to substitute one 'nonconforming' zoning for another. Staff offers the fol- lowing comments: The Comprehensive Plan recommends rural uses in this area. Existing commercial development in the area would in staff opinion not be compatible to most RA 'by right' uses. Hunter's Way Road is con- structed to a standard necessary only for commercial and/or industrial uses; The applicant has attempted to overcome the lack of public utilities through proffers; Interest in the property has been shown by such uses as contractor's office/storage yard, wholesale distributorships, warehousing uses, and truck terminal. Such uses would generate less traffic than the broad range of HC uses. Some of these uses desire interstate highway access which would be convenient at the Shadwell interchange. Interest by 'highway oriented' commercial use has been limited by the lack of direct access to and visibility from Route 250. If the Commission and Board address the Comprehensive Plan policy issue, staff can determine no public benefit to maintaining HC zoning, and would, therefore, recommend approval of this rezoning request together with acceptance of the applicant's proffer." The letter of proffer reads as follows: "November 19, 1986 MEMORANDUM TO: Albemarle Board of Supervisors & Albemarle Planning Commission REFERENCE: Rezoning of Hunter's Hall from Highway Commercial to Light Industrial Application 9ZMA 86-09 Proffer to delete the following uses as shown in Zoning Ordinance 27.2.1. 1. Compounding of drugs, including biological products, medical and chemical, as well as pharmaceutical. 3. Food products, such as bakery goods, dairy products, candy, beverages, including bottling plants, but not to exclude distribution of these products. 6. Research and development activities including experimental testing. 27.2.2 By Special Use Permit. 1. Laboratories, medical, pharmaceutical. 2. Airport, helistop or helisport. 3. Assembly of modular building units. In addition to these proffers, primary uses to be restricted to domestic sewer disposal only. (Signed) David W. Carr, Agent For Owners of Hunter's Hall" Mr. Horne said that on December 2, 1986, the Commission heard the petition and by a vote 3/2/1 recommended denial. Mr. Horne went to the map and described the various properties their locations. December 17, 1986 (Regular Night Meeting) He said the two primary issues that were discussed at the Commission were the Highway Department's comments and the effect of a change in zoning on Route 250 East. The Highway Department concurred that the LI zoning would tend to generate less total traffic than the HC; however, there would be some additional truck traffic. The Department felt that the road alignment and curvature were adequate for industrial traffic, but cautioned that the pave- ment's strength would have to be reviewed. Hunter's Hall road is currently privately main- tained because there are not three users, which is required before being taken over by the State. The Commission was also concerned that slower moving truck traffic would further congest Route 250 East. Mr. Fisher asked Mr. St. John if he could define the words, "domestic sewer disposal" in the last sentence of the proffer as it relates to a Light Industrial use. Mr. St. John said he would be thinking about it during the public hearing. At this time, the Public Hearing was opened. Mr. Bill Roudabush addressed the Board on behalf of all the applicants involved. He said this request will not take land from the agricultural area. It is already zoned Highway Commercial. It is also not a proposal to create additional development parcels. The land is already subdivided, the improvements made, in place and bonded. The property has convenient access to Interstate Route 64, to U. S. Route 250 and to U. S. Route 29. The uses contem- plated in the Light Industrial area are based on the experience of the owners and realtors who have been marketing this property since 1979. The Highway Department and staff concur that traffic generation and demand for water and sewage disposal will be far less for indus- trial uses than for Highway Commercial. The uses which do create problems for sewage dis- posal have been eliminated by the proffers which have been offered. Intensive industrial uses have been eliminated by the proffers. Congregating the uses contemplated in this request at one location makes for a better condition and creates a mini-industrial park atmosphere which would appear to be better planning as opposed to having these uses scattered throughout the County. The roads have been designed and constructed to accommodate more than the anticipated traffic this rezoning request will generate. These contemplated uses will have only one access to a major highway. Traffic will thus be concentrated at one point, rather than many. The deceleration lane is in place. Soil tests show that the soil is excellent for drainfields. The planned uses have low demands for water consumption. Therefore there will be no demand for public utilities if this request is approved. The uses in the Light Industrial category are more appropriate-to the configuration, shape and access to this property than Highway Commercial uses. He listed the Highway Commercial uses to show that this property is not oriented toward those uses. Mr. Bowie asked Mr. Roudabush to pick six LI uses that don't require public water and sewer facilities. Mr. Roudabush replied that many of the manufacturing uses, such as wood cabinets, furniture and upholstering, require only restrooms for employees. Mr. St. John said he would answer the question posed a short time earlier concerning the words "domestic sewer disposal". These words are taken from the State Code and from the regulations of the Rivanna Water and Sewer Authority and the Albemarle County Service Authority. Domestic sewer disposal is distinguished from industrial waste. There are two different sets of regulations. He said in this case it means that no industrial waste of any kind is to be produced by any of the uses under this proffer. The proffer means that there will be no production or manufacturing of anything on these properties that would require public utilities or produce industrial wastes. Mr. St. John said the proffer is significant. Mr. Roudabush said one very appropriate use would be business and professional office buildings which are permitted by right in Light Industrial districts. He said the continued development of the property for Highway Commercial uses can lead to many marginal uses of the property if there are frequent turnovers of business ventures. He said that the property is naturally screened by its topography. With respect to the concerns expressed by the Planning Commission, the owners are willing to extend full frontage improvements across this property. Mr. Roudabush stated that he would like the opportunity to respond to any public comment that may be offered and to answer any questions that arise. Mr. Fisher asked Mr. Roudabush if he fully understands that there are no plans to bring public utilities to the property. Mr. Roudabush said that of all the parties who have expressed interest in the property have been furnished the map which identifies the soil tests that have been made and information concerning the water supply in the area. With no one else coming forward to speak, the public hearing was closed. Mr. Bowie said that due to the size and location of this property, it certainly is not suitable for rural uses, so must be either residential or commercial. He shares some of the Planning Commission's concerns. He is bothered by the effect uses from this property could have on traffic conditions on Route 250 East. There is an uphill run just at the entrance to this property, and a large truck coming out onto the highway heading uphill for 100 yards or more is going to create a bad situation. Mr. Bowie went on to say that he is worried in general about LI designations in the County. He said the Board has been zoning what amounts to hundreds of acres of LI primarily to make it more developable or more marketable. However, uses that might create jobs are usually proffered out. A full range of industrial uses cannot be located in areas where either essential elements are proffered out, or there are no public utilities. He is bothered by zoning land for LI when the uses are severely limited and do not create meaning- ful, career-oriented jobs. He would like to know what a light industrial district does for the county when there are no public utilities available. Mr. Way said what Mr. Bowie has said is true, although there is some difference between this land and the land in the Scottsville District which is designated for LI. He said he too has had concern as expressed by the Planning Commission over the traffic situation. He said he understands that both the Highway Department and County staff recommended against an "acceleration lane" at the entrance. From reading the Planning Commission minutes, it 152 December 17, 1986 (Regular Night Meeting) appears that the property owners said they would be willing to make such an improvement at the time of site plan review. For whatever reason, the property was zoned B-1 at one time, and although that obviously was a mistake, that is what it was, and the uses that are being proposed would in the long run generate less traffic than HC zoning. It's not often that the Board receives a request that will reduce traffic in an area rather than increase it. For that reason, he supports the idea of changing the zoning on this property. Mr. Lindstrom asked Mr. Horne if site plan review offers an opportunity to specifically deal with the concerns Mr. Bowie has raised. Mr. Horne said it does not offer the oppor- tunity to impose that condition because the improvements are not required for safe and convenient access to the parcel. Mr. Lindstrom said that is not a part of the proffer. Mr. Horne said no, it was mentioned by Mr. Roudabush during the presentation. Mr. Horne said there is a small portion to the west of the existing entrance which is presently not developed full frontage. Mr. Lindstrom said he feels the zoning change is really not that significant, and the Planning Commission found that what is now permitted, and what would be permitted, is not an intensification of uses. He sees no significant complications as far as the Board setting a precedent. On the other hand, he said he is not personally familiar with the truck problem mentioned. Mr. Bowie said that the Planning Commission's main objection was that the trucks are going up a hill as they enter the highway heading west. He asked Mr. Roudabush if he had said during his presentation that the applicants would develop across the entire frontage and eliminate that problem. Mr. Roudabush said the owners are willing to extend that full frontage development all the way across the property, but it would be conditioned on the Highway Department and Planning Staff's approval of the work being done. Mr. Way asked Mr. Horne about the Planning Staff recommendation. Mr. Horne said they did not specifically state they would or would not recommend this improvement, but made a general statement that they do not feel acceleration lanes are valuable, and they saw no distinction about this particular lane. Mr. Roudabush said there have been site plans approved where they required full frontage improvements based on the fact that a third lane was contemplated all the way through an area at some future time. Mr. Way said he can understand the staff's recommendation. Mr. Horne said he does not believe the Highway Department would refuse to take this acceleration lane into the system, but if you asked them about it's value, they probably do not feel it is of particular value. Mr. Lindstrom asked Mr. Bowie what uses are allowed in the LI District that cause him concern. Mr. Bowie said a truck terminal is allowed. Mr. Lindstrom said that use requires a special use permit. Mr. Roudabush said the owners are not looking at any uses which will create intensive trucking in the area. They are trying for professional offices for contractors and storage areas, etc. At this time, Mr. Bowie offered motion to approve ZMA-86-09 with the proffer presented dated November 19, 1986, signed by David W. Carr for the Owners of Hunter's Hall. Mr. Lindstrom seconded the motion. Mr. Fisher said this is definitely a "wash" as far as the County is concerned. He thinks the change will be no worse than the present zoning, but he suspects that the change may generate pressure from other developers for other kinds of developments in this area. He stated that if the proffer is enforceable as far as dispOsal of sewage, he is willing to support this zoning change. Mr. Lindstrom said he does not disagree with Mr. Bowie's comments on LI zoning, but he also does not believe approval of this request will restrict the Board from responding to appropriate requests for LI that will meet a need in the future. There was no further discussion. following recorded vote: Roll was called and the motion carried with the AYES: NAYS: ABSENT: Messrs. Bowie, Fisher, Henley, Lindstrom and Way. None. Mrs. Cooke. Mr. Bowie said that in the future, on this type of request, he thinks the staff report should include a statement on the advisability of Light Industrial zoning in any circumstance where there are no public utilities. Agenda Item No. 8. Set date for a public hearing to abandon a portion of Elk Drive right-of-way and create a cul-de-sac just south of the park entrance (Deferred from December 10, 1986.) ' Mr. Bowie said he had spoken with most of the people living in that area, and Mr. h at the Elk's Club. He said they agree that the establishment of a cul-de-sac is only logical solution, but they have two or three concerns. The first concerns people illegally on Elk's Drive and then walking-to the park to avoid paying a parking fee. Bowie stated he feels this is a legitimate concern and one staff should address at the hearing. Second, when the Rivanna River rises during times of flooding, the residents not able to leave the area. They feel there should be some sort of gate that can be Dpened in those circumstances to enable them to leave and emergency vehicles to enter the ~rea. However, the residents all agree they do not want 500 cars going back and forth in ~ront of their houses. Mr. Bowie then offered motion to advertise for a public hearing to abandon a portion of ~lk's Drive, to create a cul-de-sac, and to leave the intersection with Route 250 East as it LS with right and left turns. Mr. Lindstrom seconded the motion. Mr. Fisher asked on what date the public hearing should be held. Mr. Agnor said February 18 is the earliest possible date. Mr. Bowie said he felt the people who live on the road would be more apt to be present ~t a night meeting. Mr. Bowie added to his motion to include the date of February 18, 1987, ~nd Mr. Lindstrom agreed. There was no further discussion. Roll was called and the motion ~arried with the following recorded vote: December 17, 1986 (Regular Night Meeting) AYES: Messrs. Bowie, Fisher, Henley, Lindstrom and Way. NAYS: None. ABSENT: Mrs. Cooke. Agenda Item No. 9. Appointment: Social Services Board. Mr. Fisher said that Mrs. Katherine Burton's term expires on December 31, 1986. She represents the Samuel Miller District and is eligible for reappointment to another term. would so recommend. Mr. Way offered motion to reappoint Mrs. Katherine Burton to a new three-year term on the Board of Social Services, said term to expire on December 31, 1989. Mr. Lindstrom seconded the motion. recorded vote: He Roll was called and the motion carried with the following AYES: Messrs. Bowie, Fisher, Henley, Lindstrom and Way. NAYS: None. ABSENT: Mrs. Cooke. Agenda Item No. 10. Approval of Minutes: May 1 and May 8, 1985; September 17 and October 15 (Afternoon), 1986. Mr. Way stated he had read May 8, 1985, Agenda Item 16 to the end and found only very minor topographical corrections. Mr. Bowie said he had read May 8, 1985, Agenda Item 13A to Item 16 and found them acceptable. Mr. Fisher said he had read May 1, 1985, pages 8 to the end, and October 15 (Afternoon), 1986, and found them to be in order. Mr. Lindstrom then offered motion to approve the minutes that had been read. Mr. Way seconded the motion. Roll was called and the motion carried with the following recorded vote: AYES: Messrs. Bowie, Fisher, Henley, Lindstrom and Way. NAYS: None. ABSENT: Mrs. Cooke. Agenda Item No. 11. Other Matters not Listed on the Agenda from the Board and Public. Mr. Way said that after the flood last year, the County applied for and was granted Federal flood relief funds for the Scottsville Community Center. Part of the money was used to resand the gymnasium floor. It is beautiful now, but used by many people for uses other than basketball. His concern is that the County spend the money, and the floor has no protection from such potential damage. He spoke with the Director of Parks, Mr. Mullaney, who indicated that there are no funds available in his budget which would allow placing a cover on this floor. He would like to know the cost of something to protect the floor. Mr. Bowie said he had received two applications for membership on the Planning District Commission. If the Board does not object, he will simply respond that there are no openings at this time. There was no objection to this suggestion. Mr. Fisher said the County/City/University Transportation Committee met this afternoon. The only commitment made thus far is to send a delegation to Richmond to meet with the Highway Commissioner. The questions that need to be resolved include having the expressway idea for Route 29 North evaluated, updating the traffic count, and studying other traffic corridors and their interaction. In other words, looking at the options which exist for the County. He said it is clear to the Committee that if the Route 29 North improvements go forward as currently planned, the money invested in that design by the Highway Department will preclude having an expressway. The delegation will ask the Commissioner if an examina- tion of this alternative is possible even though the improvements to Route 29 North will be delayed, and if the County can retain the funding priority for Route 29 North even if the project is deferred for a year, so that the project will only be deferred and not killed. Mr. Bowie said if the Highway Department goes ahead with the present plans for Route 29 North, those plans preclude any other solution except a bypass. He personally believes the expressway idea, even if it never solves the through traffic problem, is a better solution for local traffic than just more lanes and more stoplights. Mr. Agnor said a letter has been received from the Citizenship Committee of the County Extension Homemakers Club, asking if the individual Board members would be willing to speak at their club meetings. It was the consensus that the individual Board members would make this decision at the time such a request is received. Mr. Agnor said the following memorandum was received from Mr. Melvin Breeden, Director of Finance, dated December 12, 1986, entitled "Airport Industrial Park - Erosion Control." "In April of 1985 the County called a $12,000 performance bond for Woodbriar Associates posted for the Airport Industrial Park. The bond was called due to the expiration date of the bond prior to completion of the required work. 1,54 December 17, 1986 (Regular Night Meeting) This amount was deposited in the County's General Fund and has been reserved for completion of this project. At this point, Home Craftsman, Ltd. has posted a bond in a sufficient amount to complete this project. This matter has been discussed with the County Attorney's Office and we have been advised that the $12,000 must be returned to Woodbriar Associates. In order to accomplish this, I have completed the attached form and request that this amount be appropriated by the Board of Supervisors." Mr. Fisher said he thinks this would be appropriate to approve as long as the County Executive assures himself prior to the expenditure that this request is in order. Mr. St. John said the Engineering Office has told him the project has been completed and a certificate issued to the developer stating the job is in compliance. Mr. Bowie then offered motion that the request of the County Executive be approved and the expenditure be made as soon as the County Executive is assured proper procedures have taken place, and to adopt the following resolution of appropriation. Mr. Lindstrom seconded the motion. Roll was called and the motion carried with the following recorded vote: AYES: Messrs. Bowie, Fisher, Henley, Lindstrom and Way. NAYS: None. ABSENT: Mrs. Cooke. BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $12,000.00 be, and the same hereby is, appropriated from the General Fund to be used to refund a performance bond to Woodbriar Associates; and FURTHER RESOLVED that this appropriation is effective this date. Mr. St. John informed the Board that the Coleman property now belongs to the County. That purchase was closed today. (Property for the Southern Regional Park.) Agenda Item No. 13. Executive Session: Property Acquisition. At 9:30 P.M., Mr. Lindstrom offered motion to go into Executive Session for a discussion of Property Acquisi- tion and Personnel Matters. Mr. Way seconded the motion. There was no discussion. Roll was called and the motion carried with the following recorded vote: AYES: Messrs. Bowie, Fisher, Henley, Lindstrom and Way. NAYS: None. ABSENT: Mrs. Cooke. The Board reconvened into open session at 9:50 P.M. Not Docketed: Motion was made by Mr. Bowie, seconded by Mr. Lindstrom to adopt the following resolution: ' RESOLVED, that the County Executive be authorized to accept on behalf of the County the donation by S. L. Williamson, Inc. of all leasehold rights between S. L. Williamson, Inc., and Duane Snow on land owned by Mr. Snow adjacent to the tract owned by the City of Charlottesville and the County of Albemarle known as Rivanna Park, such donation to be made jointly to the County and the City. Roll was called on the foregoing motion which carried by the following recorded vote: AYES: Messrs. Bowie, Fisher, Henley, Lindstrom and Way. NAYS: None. ABSENT: Mrs. Cooke. (Note: The Deed of Gift from S. L. Williamson Company, Inc., reads as follows:) THIS DEED OF GIFT dated this 31st day of December, 1986, by and between S. L. Williamson Company, Inc., a Virginia corporation, the Grantor, and the City of Charlottesville, Virginia and Albemarle County, Virginia, the Grantees whose mailing addresses are: P. O. Box 911, Charlottesville, Virginia 22902 and 401 McIntire Road, Charlottesville, Virginia 22901 respectively. WI TNES SETH : Recitals. By agreement dated August 1, 1968 of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 446, at page 573. Leroy W. Snow and Viola D. Snow conveyed to S. L. Williamson Company, Inc. a leasehold interest in certain property abutting on the eastern side of the Rivanna River in Albemarle County, Virginia (the "Lease"). The City of Charlottesville, Virginia and Albemarle County, Virginia have expressed their desire to acquire the leasehold interest from the Grantor and the Grantor is willing to donate to the Grantees, as a charitable contribution, all of its right, title and interest in and to the Lease. December 17, 1986 (Regular Night Meeting) NOW THEREFORE, the Grantor does hereby GIVE, GRANT, AND QUITCLAIM unto the City of Charlottesville, Virginia and Albemarle County, Virginia, as tenants in common, all of its right, title and interest in and to all those certain tracts or parcels of land situated in the Charlottesville Magis- terial District of Albemarle County, Virginia, abutting on the eastern side of Rivanna River, being a part of Riverside and designated as Lots Nos. 39, 40, 41 and 42 as shown on a plat recorded in the Clerk's Office of the Circuit Court of Albemarle County with a deed in Deed Book 281, page 333, and also Lot 43 on that plat, which is shown more completely as Tract B or Sand Bed Lot on a plat recorded in said Clerk's Office in Deed Book 280, page 474, BEING the same leasehold interest in all respects as was conveyed to the Grantor herein by Leroy W. Snow and Viola D. Snow by Agreement dated August 1, 1968 of record in the aforesaid Clerk's Office in Deed Book 446, at page 573. This deed is exempt from state and local recordation taxes pursuant to Sections 58.1-811 A 3., 58.1-811 C 4. and 58.1-811 E. of the Code of Virginia of 1950, as amended. Not Docketed: The following motion was made by Mr. Bowie and seconded by Mr. Lindstrom to adopt the resolution which follows: RESOLVED, that the County Executive be authorized to purchase on behalf of the County one-half interest in the Snow property adjacent to the Rivanna Park for a cost of $10,000, the other one-half interest being purchased by the City of Charlottesville for a like amount. There was no discussion. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Bowie, Fisher, Henley, Lindstrom and Way. None. Mrs. Cooke. (Note: The deed, dated 31 December, 1986 between Duane E. Snow and Rowena M. Snow and the City of Charlottesville, Virginia and the County of Albemarle, Virginia, follows:) THIS DEED, made this 31st day of December, 1986, by and between DUANE E. SNOW and ROWENA M. SNOW, husband and wife, hereinafter referred to as the Grantors, and the CITY OF CHARLOTTESVILLE, P.O. Box 911, Charlottesville, Virginia, and COUNTY OF ALBEMARLE, 401 McIntire Road, Charlottesville, Virginia, independent political subdivisions of the Commonwealth of Virginia, hereinafter collectively referred to as the Grantees; WITNESSETH : That for and in consideration of the sum of Twenty Thousand and 00/100 Dollars ($20,000.00) cash in hand paid, the receipt of all of which is hereby acknowledged, the Grantors do hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantees as tenants in common in equal one-half undivided shares, the following described real estate: Four lots of land situated in the Rivanna Magisterial District of Albemarle County, Virginia, being a part of Riverside, designated as Lots Nos. 39, 40, 41 and 42, on a plat made by A. R. Sweet and Associates, dated November 8, 1948, of record in the Clerk's Office of the Circuit Court for said County in Deed Book 281, at page 334; and, A tract of land situated in the Rivanna Magisterial District of Albemarle County, Virginia, being a part of Riverside, designated as Tract B, or Sandbed Lot, or Lot 43,~.on a plat dated September 29, 1948, of record in the Clerk's Office of the Circuit Court for said County in Deed Book 280, at page 474. Said property was conveyed, together with the appurtenances therein set forth, to Duane E. Snow by deed from Leroy W. Snow and Viola D. Snow, husband and wife, dated July 30, 1976, and of record in said Clerk's Office in Deed Book 702, at page 790. Rowena M. Snow joins in this deed to release her dower rights in the property being conveyed. This conveyance is made subject to all recorded easements, conditions, restrictions and agreements as they may lawfully apply to the real estate hereby conveyed or any part thereof, including but not limited to the terms of a lease of the subject property between Leroy W. Snow and Viola D. Snow, Grantors' immediate predecessors in titte~ as landlords and S. L. Williamson Company, Inc., as tenant, dated August 1, 1968, or record in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 446, at page 573. Agenda Item No. 13. adjourned at 10:05 P.M. With no further business to come before the Board, the meeting was