1975-06-11N!32
6-11-75 (Afternoon)
6-11-75 (Night)
Motion was offered' by Mr. Thacker to continue this public hearing until June 19, 1975.
motion was seconded by Mr. Fisher and carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
At 6:01 P.M., the meeting was adjourned.
Chairman
The
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on June
11, 1975, at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia.
Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr.,
Gordon L. Wheeler and Lloyd F. Wood, Jr.
Absent: None.
Officers present: County Executive~ T. M. Batchelor, Jr.; County Attorney, George R. St. John;
Deputy County Attorney, Frederick Payne and Assistant County Planner, Robert Tucker.
The Chairman called the meeting to order at 7:40
No. 1. Request for County to act as sponsoring agent on a Division of Justice and Crime Prevention
grant. (Action on this matter deferred from May 28, 1975).
Mr. Payne said his office was requested to review the agreement for the County's liability in
this matter. There are two areas where the County has potential liability. 1) The County is
liable for all monies that pass through to the sub-grantee and responsible to see that the money is
expended properly, even though the County would be guilty of no wrong doing. Mr. Payne said this
would require some bureaucratic setup, not just a simple check in and check out. 2) This is Federal
money and there is a requirement that the grantee, which is the County, and all the sub-grantees,
have equal opportunity practices. 'Mr. Payne said he discussed this with the City Attorney's office
and was informed that to their knowledge the Federal government does not have any extensive policing
regulations, but the State Attorney General's Office does take these requirements seriously. If all
goes well it will really be a one check in, one check out arrangement. However, the potential is
there for County liability.
Mr. Batchelor said it is not easy for the staff to be involved in something over which they
have no control. Occasionally, there are programs that are good for the community, and the Board
needs to make a decision on this matter. The staff recommends approval of this program (.Second
Effort, Inc.) He recommended that the Board seek approval of the General Assembly to giving the
Planning District Commission or some other agency pass-through approval without the awesome respon-
sibilites that have been mentioned.
Mr. Wood said it sounds like the County would be accepting a great deal of responsibility and
even personal liability if this request is granted, but there is a need for this program in the
County and there is no direct cost to the County. If this can be handled by the staff, Mr. Wood
felt the Board should approve the request even if it is felt that a member of the Board of Supervisors
should set on their Board so:'~there will be feedback.
Mr. Fisher said he has no problem with the proposal itself. He is concerned that the people
who receive the funds will perform their accounting and hiring practices so well that there will be
no questions. He also suggested possible representation on the board of Second Effort and quarterly
or semi-annual financial statements.
Mr. John Crenshaw said he would welcome one of the Board members to set on the Board of Second
Effort. He said the grant funds will not come all at one time. In order to continue receiving
funds, they must make reports to the Federal government.
Mr. Wood then offered motion that the County become the sponsoring agency for the Division of
Justice and Crime Prevention grant for Second Effort, Inc. with a member of the Board of Supervisors
being included on their Board and a quarterly financial statement being presented to the Board of
Supervisors. The motion was seconded by Mr. Henley and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
No. 2. Subdivision Plat. William H. and Anne M. Carpenter. (Action on this matter was deferred
from May 28, 1975.)
Mr. Joseph Richmond, Jr., was present to represent the applicant. Mr. Tucker said this matter
was deferred so the structures could be drawn on the plat. Motion was then offered by Mr. Fisher to
accept the recommendation of the Planning Commission for approval of the 60,000 square foot waiver
and waiver of the 25 feet for right of way dedication. The motion was seconded by Mr. Thacker and
carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
No. 3. Thacker Construction Company Site Plan. (Action on this matter was deferred from May 28,
1975.) (NOTE: Mr. Thacker abstaining during discussion and vote on this matter.)
Mr. Tucker said this matter was deferred so the Board could make a review of the site. The
~pplicant had noted this appeal on the Planning Commission's recommendation for screening alon~ the
~outhern fence line.
6-11-75 (Night~~
i33
.in M-2, the applicant can build to the property line. Mr. Tucker said yes. Mr. Henley did not feel
the screening is necessary. Mr. Fisher then offered motion to approve the site plan with the
following conditions~
(1) Virginia Department of Hi~h~ays:~approval of entrance.
(2) Road must be kept in dust free condition.
The foregoing motion was seconded by Mr. Henley and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Wheeler and Wood.
NAYS: None.
ABSTAINING: Mr. Thacker.
No. 4. Report from the Jefferson Country Fireman's Association, Inc. ~Mr. James Samsell, President,
was present. He gave a short review of past history. Mr. Samsell said that ~n the future this
association hopes to organize the Central Virginia Fire Training Center somewhere in the County.
There are certain~questions which the association would like to ask the Board: 1) Inspection
of fire hydrants; 2) the duties of the County's Fire Marshal; 3) the status of the fire station on
Route 29 N.; 4) any plans for future centralization of county fire companies; 5) if so, what
arrangements will be made for a central fire chief; and 6) how will the firemen be employed?
Mr. Wheeler said the Board does not have any plans for a central headquarters at this time or
given any thought to hiring anyone. It is hoped that the fire station on Route 29 N can be worked
with the City on a contract basis. He asked if ground had been found for the training center. Mr.
Samsell said several sites have been reviewed but no decision has been made. Mr. Wheeler suggested
that the Association work with the planning staff in trying to find a suitable location. The County
owns about 600 acres on Burnley road and this is a site that could be considered.
Mr. Batchelor said the duties of the Fire Marshall are spelled out in the classification/pay
plan and under the BOCA Fire Prevention Code. Mr. Wheeler asked that~ a copy of these be mailed to
Mr. Samsell.
Mr. Batchelor said a report will be presented to the Board next week on the Scottsville fire
hydrants and other hydrants in the County. It has been found that it is not feasibie to install
hydrants an the raw water line in Sugar Hollow. Mr. Samsell said he has often received reports that
certain hydrants have been fixed and they have not.
Mr. Wood said the Fire Station Committee made a report to the Board a couple of months ago.
There is a sub-committee trying to find a site for this fire station and as soon as a suitable
site is found, they will ask for an appropriation.
Mr. Fisher suggested that the Fireman's Association make recommendations as to how an agreement
could be set up for cooperative fire services with the City. Mr. Wheeler said the Fire Station
Committee is to make a report to the Board on whether these services should be hired out or contracted
with the City. No further discussion was held on thi's matter.
No. 5. On motion by Mr. Wood, seconded by Mr. Carwile, July 23, 1975, at 7:30 P.M. was set as a
public hearing date to amend and reenact Section 14-13.1, Chapter 4, Article II of the Albemarle
County Code to. include Northfields Subdivision as one of those areas where dogs are prohibited from
running at large. The motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwi!e, Fisher, Henley, Thacker, Whee'ler and Wood
None. '
At this time, the Board continued with public hearings as advertised in the Daily Progress on
May 9 and May 14, 1975:
No. 6.
U'P-75'06. To.,amend the Albemarle County Zoning Ordinance to allow a volunteer fire station in an
Ag~icult~a~?~2one with a special use permit. The amendment will read as follows:
Section 2-1-25(38) Volunteer Fire Stations.
Mr. Tucker said the staff is of the opinion that this is a proper and compatible use for
inclusion in the A-1 zone and recommends approval of this amendment The Planning Commission
recommends approval. '
also
The public hearing was opened, but no one spoke for or against the amendment.
Motion was offered by Mr. Wood, seconded by Mr. Carwile, to adopt the foregoin~ amendment to
the Albemarle County Zoning Ordinance. The motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Stony Point Volunteer Fire Co., Inc. To locate a volunteer fire station on 8.02 acres
zoned A-1 Agricultural. Property located on the east side of Route 20 North near its
intersecvion with Route ~00 in Stony Point. Property also described as County Tax Map 48
Parcel 18, part thereof. Rivanna Magisterial District. '
Mr. Tucker said the area is rural in nature and is presently taking the form of a village
atmosphere in that residential, commercial, and an elementary school are all located within com-
patible proximity to one another. The property in question is primarily wooded in evergreen trees.
The Stony Point Volunteer Fire Co., Inc., plans to locate a fire station on Lot #2 (Plat showing a
division of the John C. Bil!er property at Stony Point, into Lots I and 2 located on State Route 20
in Albemarle County, Virginia; plat dated April 23, 1975, and drawn by Thomas D. Blue). The Stony
Point Elementary School is adjacent to the northeast of this property and there are four single-
family rental, units located adjacent to the southwest. An open field is across Route 20. The
Comprehensive Plan recommends that .fire stations be located within community clusters and villages
"to help structure the village as a center o.f activity"
of 5000. · Stony Point is proposed for a population
Mr. Tucker said the Planning Commission recommends approval of SP-488 with the following
(Night)
i)
3)
Compliance with all appropriate state and county agencies.
Removal of only those trees where development is to take place.
Driveway and parking area to be of compacted stone and to be
approved by the planning staff.
Signing be limited to a wall sign only.
Mr. Wheeler questioned Condition #4. Mr. Tucker said the Highway Department requires that
a sign be installed on the highway to identify the approach to a fire station. The staff did
not feel any sign, other than a wall sign, would be needed.
Mr. Fisher noted that condition #3 would not let them pave the driveway. Mr. Tucker suggested
thatcompacted this be stone, changed to read "a minimum of compacted stone". The staff did not mean to limit this to
Mr. Wheeler then opened the public hearing. The first to speak was Charles Norford, ~President
Stony Point Volunteer Fire Company, Inc. He asked approval of this request. '
Mr. Thomas Flint said he is opposed to this request because he owns Sour rental units in the
area. Two of these units will be within 150 feet of the fire station. He presented to the Board a
petition containing 76 signatures of persons in opposition to this request. (Copy of that petition
is on file in the Clerk's Office.)
Mrs. Joyce Taylor read the following letter:
"June 11, 1975
Gentlemen:
I would like to express my personal feeling concerning the location of the new
Stony Point Fire Station. It would seem to me a more suitable location can be
accepted other than the present one because of two major reasons:
To have the station so closely located to the Stony Point Grammar
School would create a highly dangerous condition for small children
when the volunteer firemen report for duty (Station will back up to
school).
The siren sounding within such a short distance of many families
does not seem to be the best choice.
There have been at least two other pieces of land offered to the committee
which would afford a remedy to both of these considerations.
I thank you for your time and ask that you consider this as though you lived
on the adjoining property.
Very truly yours,
(Signed) Walter L. Lumpp"
Mrs. A. H. Keenan opposed this petition. She said the fire station will be located on a dangerous
curve. The children from the school walk along this curve. This is a poor location and there must
be a better alternate site. If the Board would widen the road, build sidewalks, and build a fence
around the school yard, she would not be'opposed.
Mr. Jim Lilly said he lives in one of the rental units and is opposed to issuance of this permit
for a fire station at the proposed site. He felt the station would be better located further out
Stony Point Road. He was also concerned that during fund raising efforts there will be alcoholic
beverages, traffic and late night noise. However, if the permit is approved, he recommended that the
Board limit social activites and that none be allowed after 12:00 midnight on weekends and 11:00 P.M.
on weekdays and that the Board require the posting of a bond.
Ms. Barbara Veal said she is in favor of the fire station and feels it will be beneficial to
the rural area, but opposes the fire station being located on this site. She mentioned noise, and
felt it would be better located between Stony Point and Route 250 East. She said while the County
will support the station, fund raising may be difficult in this area. Out toward Barboursville,
there are three bridges which will not stand the weight of a fire truck. The road between Stony
Point and Charlottesville is also worse than between Stony Point and Barboursville.
Mr. James Samsell said this fire company will cover about a five mile radius. He said there
will not be drinking in the fire house, or boisterous parties, or dances. Fund raising depends on
the interest of the community and is conducted through mail solicitations and knocking on doors.
Mr. Ron Tweel said he was present to represent a citizen of Stony Point. He said there is
substantial opposition to the location of the fire station. Any area of Albemarle County could argue
for placing a fire station anyplace, but the location should be taken into consideration to see if
the station will be worthwhile. He asked that the Board postpone action on this petition and study
the risk to the school children, another location as opposed to this Site, and a complete study of
all the elements mentioned tonight. Mr. Tweel felt that eight acres is excessive for a fire station
and there may be other things envisioned for this property.
Ms. Richard Miller said she sympathizes with the people who do not want the fire station, but
she is in favor. She felt the location is excellent and noted that the request fits within guide-
lines of the Comprehensive Plan. She felt the concern about the school and noise is exaggerated.
Mr. John Dezio said he is a member of the Board for the Stony Point Volunteer Fire Company. He
felt the purpose of this hearing is to consider the site and not whether the F±re Company will raise
money or support other activites. The fire company is a private corporation and must buy its land on
the open market. Mr. Dezio said the people who served on the site selection committee worked for
over a year trying to find a site, but this is the only one that could be found. There was only one
alternative site available and then the owner of this site came forward and said he would sell this
site to the fire company. The back side of the property is dead land and not usable, but the owner
would not sell otherwise.
Mr. Norford said the Highway Department reviewed the road at this site and found that the sight
distance in each direction from the entrance location meets all of the Highway Department's minimum
sight distance requirments. A representative of the School Board said he did not feel the fire
station would present any added danger to the children at th~ ~ ~ ~T ...........
::.!_35
bridges with the people at the Highway Department and they have advised him that on the short bridges
on Route 600 there is no problem because at no t±me will the full weight of the fire truck be on the
bridge at any one time. He asked why an organ±zation that does not exist at the moment should create
such a problem in the mind's of the citizens; re: drinking.
Mrs. Keenan said she was a member of the Board of the Fire Company and resigned because they
would not consider the feelings of the people and put the fire station at another Zocation. She
feels they are trying to push th±s off on the people.
Mr. Wheeler asked that the comments be confined to zoning only; no personalities.
Mr. John Haskell said he was a member of the site selection committee. If the people are worried
'~about the school they should realize that the fire truck would pass the school the same number of
times going and coming from a fire no matter where it is located. He said t~ere were two other sites:~
considered, but the committee had decided on this one feeling it is in keeping with the County's
master plan. The-Fire Station Board thought the people in the area were supporting the fire company
after having a public meeting at which 11~ people were in attendance. He said they could have had a
petition signed by those in favor and brought a bus load of people to this meeting, but felt the
matter should be decided on the facts presented.
At this time, the public hearing was closed.
Mr. Wheeler asked if the charter of the fire company calls for yearly election of officials.
Mr. Dezio said yes. Mr. Wheeler said when this organization appeared before the Board and asked £or
financial assistance, it was envisioned that this company would serve from the crest of the Southwest
Mountains to the South Rivanna River. This Board has asked the Jefferson Country Fireman~'s Association
to work together in serving the whole county. It was felt that this was one area in the County that
was not covered. Mr. Wheeler said he went through the formation of the East Rivanna Fire Company and
they have a fine company. He said the Stony Point Fire Company will be as good as the citizens want
to make it. It has a charter and the members will be electing the officers. If anyone has been to
the East Rivanna Fire Station, they know that it is located on a dangerous curve. Whether there are
parties, or not, the membership will control that. A fire company can only be successful if the
citizens get together and make it work. From the County's experience, location near a village center
or a country s~ore is the best location for a fire station.
Mr. Henley said he would rely on Mr'. Wheeler's judgment since it is in his district.
Mr. Fisher said it seems a shame that in the critical period of formation when the support of
all is needed, that this type of conflict should arise. He said he is concerned that there may be
more difficulties than are needed because of this problem.
Mr. Wood said he will support the request.
Mr. Thacker said as a County citizen he is thankful for the volunteer fire companies. He felt
that in the future, Stony Point will be as proud of this company and he did not see a great deal of
difficulty with the location.
Mr. Thacker then offered motion to approve SP-488 with
#3 to read: "Driveway and parking area to be paved with a m
approved by the planning staff." The motion was seconded by
recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and
None.
At 9:03 P.M. the Board took a recess. They reconvened
;he conditions stated, changing Condition
Lnimum of compacted stone and to be
Mr. Carwile and carried by the following
Wood.
~t 9:10 P.M. and continued with zoning
matters as advertised in the Daily Progess on May 6 and May 13, 1975:
No. 8. SP-479. Samuel A. Birckhead. To locate a mobile home on 3.5 acres zoned A-1. Property
on south side of Route 708 about one mile west of its intersection with Route 20 South~.
County Tax Map 101, Parcel 57A, part thereof. Sc?ttsville Magisterial District.
It was found that no one was present to represent the ~pplicant. Mr. Thacker then offered
motion to defer action on this petition until June 18, lg7 The motion wassseconded by Mr. Carwite
and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler
NAYS: None.
ABSENT: Mr. Wood.
No. 9. Request to abandon the right of way at the west end of Cumberland. Road, West Leigh Subdivision
It was noted, from communication received, that the West Leigh Property Owners' Association
Committee, Section I, had requested the Board to vacate the right of way which currently exists at
the west end of Cumberland Road and extends to the adjacent north-south boundary of West Leigh as
shown on County Tax Map 59C(2). Cumberland Road now terminates in a cul-de-sac approximately 220
feet from the north-south boundary of West Leigh. The request was based on the desire of residents
to preserve the integrity and independence of West Leigh as. put forth in the covenants and restriction
on file in Deed Bo.ok 355, pages 272 to 274. West Leigh ro{ds do not meet State standards and road
maintenance and repair costs are borne directly by the Wesq Leigh Property Owners' Association,
Based on the current subdivision ordinance, connecting up ~o such roaas from a new development is
discouraged. Hence, the tract adjacent to the right of waN, which has more than ample access to
Route 678, should be excluded from a connection to Cumberland Road. The well lot, adjacent to lots
18 and 9B, is being abandened by the Albemarle County Service Au.thority and this will eliminate the
need for access by the Service Authority to the well lot using the existing right of way.
Mr. Humphrey said the staff has investigated this request. Since August 28, 197~, when the
current. Land Subdivision Ordinance was adopted, private roSds are not Permitted in subdivisions with
more than 10 structures. In order for the adjacent properSy owner to. use this road, it would necessi~
a waiver by the Board of the present regulations. The staff suggests that the undeveloped' property
wou!d have better access~from Route 678 and Route 676. Mr~ Humphrey noted that Cushman Realty, owner
of the adjacent undeveloped property, has no objection to this request.
6-zl-7~ (Night)
Mr. Joseph Gibson was present in support of the request. He said the well lot is 50' x 50' and
has access by a 20 foot easement down the boundary line of West Leigh Subdivision. It feeds off of
what appears to be a 50-foot right of way as an extension of Cumberland Road. Since there is no
longer a need for the easement, he requested that this be vacated to a width that would later make it
impractical for use by vehicles. Mr. Gibson said in the covenants and restrictions of this subdivsion,
there is reserved for the developer and all successors and interests a six-foot easement from each
boundary line, which on those adjacent lots would give a 12 foot access for utilities.
Mr. Thacker asked if the Service Authority did not require 20 foot easements. Mr Batchelor
said yes, they are for repair and maintenance. '
Motion was offered by Mr. Fisher to advertise for a public hearing on July 23, 1975, an ordinance
to vacate that portion of Cumberland Road retaining a 20 foot utility easement for use of the Albemarle
County Service Authority. The mo~ion was seconded by Mr. Carwile and carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
No. 10. Site Plan: Crozet Moose Lodge. Route 250 West.
Mr. Humphrey said this review was requested by the Greenwood Citizens Council after approval was
given by the Planning Commission on May 7, 1975. During discussion of this matter the possibility of
making provisions for future service drives along the common property 'lines, both east and west, was
:'not mentioned. However, ~t has been the Planning Commission's policy to require these in the urban
area, but the Planning Commission has never received a request for this outside of the urban area.
Mr. Wendall Jackson, representing the Gr'eenwood Citizens Council, was present. He said this was
discussed with their members and members of other civic associations, not particularly in relation to
the Moose Lodge Site, but with resp.ect to the area between the Crozet blinker at the 240/250 inter-
section and the 1-64 interchange. That area, in the Comprehensive Plan, is noted for commercial
development. They feel this is the time To plan for ser~ce roads before commercialization becomes
heavier so it will be possible for people using those facilities to get in and out safely.
No one was present, to represent the Crozet Moose Lodge.
Mr. Wheeler asked if this' would cause the building to be set back further. Mr Humphrey said no,
the building presently exists. A depth would have to be established for off-street access to
adjoining properties. Although thi.s has been done in the past, the Board has no authority to require
service roads at this time.
Mr. W. R. Roudabush said there will be few physical changes on this property. The Moose Lodge
will add a.new 'addition and make some minor repairs. They will not use the property in an intensive
way. They will restrict the entry to a 30 foot right of way. Mr. Roudabush said he could not speak
about a service road, since he did nnt'-know if the Moose Lodge is aware of this request.
Mr. Henley said Old Route 250 is close and felt this could be used as a service road. Mr.
Humphrey said someday Route 250 West will be four-lane and this improvement will require taking most
of the existing right of way. In order to have a service road there should be a minimum of 25 or 30
feet between that right of way before the service road begins. It will take an additional 30 feet
from the property line to accomplish this.
Mr. Wheeler asked if the Board has the authority to require service roads. Mr. Humphrey said
no. Mr.Wheeler said if the Board does not have this authority, this procedure seems to be wasting
the Board's time. Mr. Fisher asked that Mr. Humphrey explain his statement.
Mr. Humphrey said within the.provisions for site plans, there are no guidelines .set forth giving
authority to require service drives. He has talked to the County Authority's Office and they have
agreed that this is true. Mr. Fisher asked if this is a defect in the County'.s Ordinance. Mr.
Humphrey said yes. This is another reason for having a site development plan ordinance.
Mr. St. John said he is not sure the Site D~elopment Plan Ordinance can require that land be
set aside; Under the State Code, The Board must have an official map or a comprehensive plan
with respect to public streets and roads. Even if the governing body publishes this official map
and shows a road is going through someone's land, it does not mean that the Highway Department will
build the road. The land would still have to be bought or condemned. This does mean that the landowner
cannot build a building in that area after adoption of the official map. The County does not hays
such a map and adoption of same is a problem. Mr. Wheeler said the County is no where near doing
this.
Mr. Wittneble presented a letter from the CitizenS for Albemarle supporting the Greenwood
Ctiizen's Council and the subject was dropped.
No. 11. Charlottesville Associates. Request for a restricted road to serve 10 lots.
of Route 643 and shown on revised plat drawn by R. O. Snow and dated May 6, 1975.
Property off
Mr. Tucker said the plat shows 12 two-acre lots on Route 643. These 12 lots have access from
Route 643. A restricted road is requested to serve 10 other lots. The lots range in size from six
~acres to 49 acres. The Planning Commission recommends approval of this preliminary subdivision plat
with the following conditions:
(1) The Coun.ty Attorney's Office approve the homeowners agreements for that restricted road.
(2) County Engineering Department's approval of the road plans.
(3) That the entrances of the 12 two-acre lots have shared entrances where feasible.
(4) The Virginia Department of Highways approval of the entrances.
Mr. R. O. Snow and Mr. George McCal!um were present to represent the applicant.
Mr. Fisher noted that if this restricted road is approved, the lot containing 49 acres cannot be
further subdivided unless the road is brought up to State standards.
Mr. Wheeler s.aid there is more land further back behind the 49 acre tract. He stated that if it is
he applicant's intent to develop the property in this manner, he will not vote in favor of another
such request.
Mr. Wooa a~ ~ee~^~
6-11-75 (Night)
137
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
No. 12. Ed~am Forest.
Request for a restricted road in Section 6.
Final Plat.
Mr. Tucker said this road will serve 37 lots. &ll lots meet the county's ordinance regarding
lot sizes, etc. The Planning Commission recommends approval of the request with the following conditions:
(1) Approval of restricted road standards for this road. ~ ~
(2) H6alth Department approval of the lots for septic systems.
(3) County Engineer and Fire Marshal approval of water line plans.
(4) Review of the road plans by the State Highway Department.
Mr. John Rogan and Mr. R. O. Snow were present in support of this request.
Mr. Tucker said the road plans have been reviewed by the County Engleeer and he has stated that
the plans meet, or exceed in many instances, the County's restricted road standards. The Planning
Commission recommended that this approval be conditioned on review of the road plans by the State
Highway Department as was done on Section 5.
Mr. Fisher asked if Section 5 was the section the Board worked on so long last year and if all
of the conditions imposed by the Board at that time have been met. Mr. Tucker said..yes.
Mr. Thacker did nOt agree with Condition #4 and made motion to approve this request as recommended
by. the Planning Commission, eliminating Condition #4. The motion was seconded by Mr. Wood and
carried by the following recorded vote~
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
No. 13. Lockridge Subdivision. (Request for a restricted road - Preliminary Subdivision Plat
"Lockridge", Parcel 36, Tax Map 45, containing 35.39 acres located off of State Route 743, adjacent
to the South Fork of the Rivanna Reservoir, Plat of W. S. Roudabush, Jr., dated May 29, 1975.)
Mr. Tucker said this came to the Planning Commision wit.h basically three acre lots and they
recommended that the applicant redraw the lots that front on the reservoir and increase the acreage,
if possible. This has been done. The Planning Commission approved this subdivision subject to the
Board's approval of a restricted road. The Planning Commission also recommends approval of a waiver
for Lots 4, 5, 6, and 9 which do not meet the subdivision requirement of 120 feet of road frontage on
a public road; also Highway Department approval of the entrance for the restricted road.
Mr. Fisher asked how far the septic fields will be from the reservoir:,:
Health Department locates these. It is a minimum of 200 feet.
Mr. Tucker said the
Mr. W. R. Roudabush was present to represent the applicant.
Mr. Humphrey said in order to eliminate the abuse of pipe-stem lots, the Subdivision Ordinance
was written to exclude this normal process of putting lots on cul-de-sacs. In the future, there will
be more such requests.
Mr. Wood offered motion to approve the request as recommended by the P'lannin'g Commission. The
motion was seconded by Mr. Th'acker, and role call began ~sLfo~lows: Mr. Carwile, Nay. Mr. Wheeler
asked~-f°u~an--exP.lanat±on'~ Mr,'~Carwile said he agreed with the comments which Mr. Batchelor was
making (indiscernible to the Clerk and not picked up by the tape recorder). The Restricted Roads
Committee did not draft this policy so there could be roads not put into the state system anytime
there are 10 or less lots. This was not to be an automatic thing. Mr. Carwile said he agrees that
the~Board has seen~.some abuses. He said it might'be unfair to this applicant to vote no, but felt
the Board should take a look at the restricted road policy. Mr. Carwile said he would support this
app.lication.
Mr. Roudabush said there was a difference on this application. -It is a long distance from the
State road to the bulk of this property. If the road were. built to State standards, that strip of
land would have to be dedicated'and it would open up development on both sides. This particular
piece of land l'ends itself to a small 10-acre development. If this were to be a State road the
application would have been for a two-acre lot subdivision. '
aye.
AYES:
NAYS:
Mr. Carwile said he agreed with Mr. Roudabush,s comments and would like to change his vote to
The motion then carried by the following recorded vote:
Messrs. Carwile, Fisher, HenLey (Mr. Henley said he agrees with'Mr Carwile on this matter)
Thacker, Wheeler and Wood. ' ,
None.
Mr. St. John asked if the full length of the road shown ~on the plat is to be a restricted road.
Mr. Roudabush said yes. Mr. St. John asked the width of the road after passing the entrance into
this subdivision. Mr. Roudabush said it is variable, but a minimum of 50 feet. Mr. Wheeler said
the Board is receiving a lot of requests for restricted roads. He feels this matter should be
included on the July 19th agenda for discussion. The Board, when this policy was adopted, felt this
would apply to hardship case-s. He feels that on this application, like the one approved earlier, th
developer will try to develop 300 or more acres with restricted roads and that is not the intent of
the Board's policy.
Mr. St. John said there are 12 lots on the restricted road just approved by the Board. This
will be a public road and the owners of the land on either side will have the right to use this
road, even though the plat is not drawn to show use at this time. A restricved road is a dedicated
public road, and 'it is impossible to keep anyone from using the road.
No. 14. Request for authorization to sign Pour ~Seasons Roae Bond.
Mr. Payne said a new bonding arrangement is being set up for Four Seasons. This arrangement
will contemplate partial releases on the security of t ' ·
...... hms bond, %n other words, pay off the contrac'
~ .... ~ to be t'he only practical wan the roads will be built The
.......... e~ ~ on behalf of
6-11-75 (Night)
238
Mr. Thacker asked if the County is sure that the amount of the bond is adequate to perform all
of the work. Mr. St. John said no, but he is convinced that this is the amount of the original bond
and this is the best that can be done. The bond was in an amount of approximately $38,000 and no
bonding company will give more. Mr. Payne said the original bond, which Woodlake Corporation entered
into with Travelers Surety, was further secured by Woodlake by a letter of credit with a local bank.
This procedure eliminates Travelers and makes the bank the surety.
Mr. Thacker said as the work is being performed, and as long as the bond remains the same, the
closer the County comes to being safe and secure that the unfinished work will be completed. Mr.
St. John said that is a fine idea but he did not feel a contractor will work unless he can loOk to
that bond for his money. Mr. Carwile said the work is being completed, in essence, by a liquidation
on the bond. Mr. St. John said the only alternative is for Travelers to pay the money to the County
and the County would have to get someone to do the work. Mr. Fisher asked if all of this information
was in writing so he could study the matter before voting. Mr. Payne said he would be happy to put
it into a memo.
Mr. St. John said his staff went over this in length with Mr. Charles Perry of the Highway Department
Mr. Perry is interested in this particular project and the County's bonding procedure. He feels
this is the best way to handle this bond. Mr. Fisher asked if Mr. St. John is assured this is the
best way to do this. Mr. St. John said yes, but he is not assured that the $38,000 is enough to
finish the work, but that is all there is. Mr. Wheeler said if it is-~not, the Board still has
recourse against Woodlake. Mr. St. John said yes, the County is not giving up any rights against
Da!ey Craig or Woodlake, only against Travelers. The top limit of the right against Travelers is
$38,000. The County has that and it is question of how to best use that money.
Motion was then offered by Mr. Carwile to authorize the County Engineer to sign the bond and
partial releases of same. The motion was seconded by Mr. Thacker and carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
None.
Mr. Wood.
No. 15. Ratify changes made in the Charlottesville Area Comprehensive Transportation Planning
Restudy Agreement. ~
Changes noted as follows:
Page 6, Article VIII "Financing the Studies"
Second Paragraph Changed From: "The CITY agrees to pay to the DEPARTMENT as its
pro-rata share of developing the Transportation Planning Studies, as outlined in
ARTICLE III, fifteen (15) percent of the actual cost to the DEPARTMENT based upon
the ratio that the 1974 population of the CITY bears to the 1974 population of
the CHARLOTTESVILLE STUDY AREA."
Second Para.graph Now Reads: "The CITY agrees to pay to the DEPARTMENT fifteen (15)
percent of the actual engineering costs incurred .by the DEPARTMENT in developing
the CITY'S share of the Transportation Planning Studies, as outlined in ARTZCLE III.
The CITY'S share of the cost of the Transportation Planning Studies will be
pro-rated on the ratio that the 1974 CITY population bears to the 1974 population
of the CHARLOTTESVILLE STUDY AREA.
Paragraph Addition: "This AGREEMENT between the DEPARTMENT, the CITY and the
COUNT~ can be terminated ninety (90) days after written notice is received by the
other parties involved from the terminating party. The terminating party will be
responsible for costs incurred through the end of the ninety (90) day period,
based on the financial arrangements as stipulated above."
Page 7, Article XI "Charlottesville Area Transportation Study Committees"
Paragraph Addition: "The Comprehensive Transportation Plan, developed in
accordance with this AGREEMENT and through the guidance of the POLICY
COMMITTEE, will be in full force and effect only when adopted through
resolution by the City Council of the CITY and the Board of Supervisors of
the COUNTY."
Page 9,. Article XII "Civil Rights Act"
Article Addition: "The DEPARTMENT, CITY, COUNTY, its agents, employees, assigns,
or successors, and any person, firm or agency, of whatever nature, with whom it
may contract or make an agreement, shall comply with the provisions of Title VI
of the Civil Rights Act of 1964 as set out in Appendix C, attached hereto and
made a part of this AGREEMENT by reference.
Motion was offered by Mr. Carwile, seconded by Mr. Henley, to ratify these changes.
~amried by the: following recorded vote:
lYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
lAYS: None.
The motion
'o. 16a. Appointment: Transportation Restudy Policy Committee. Ordered carried over.
o. 16b.
Appointment:
Transportation Restudy Technical Committee.
Ordered carried over.
~. 16c. Appointment: Jefferson-Madison Regional Library Board. Mr. Henley offered motion to
ppoint Ms. Glasselle B. Jenkins to a full term on the Library Board, said term to begin on June 30,
975, and to expire on June 30, 1979. This appointment is to replace Mrs. Albert Horrocks, who had
~signed. The motion was seconded by Mr. Carwile and carried by the following recorded vote:
[ES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
~YS: None.
6-11-75 (Night)
No. 16d. Appointment:
resolution:
Director of ~inance.
Motion was offered by Mr. Wood to adopt the following
BE IT HEREBY RESOLVED by the Board of Supervisors of Albemarle County
that T. M. Batchelor, Jr.'s duties as Director of Finance of Albemarle County
are terminated, effective June 30, 1975.
BE IT HEREBY RESOLVED by the Board of Supervisors of Albemarle County,
on the recommendation of the County Executive, that Ray B. Jones is appointed
Director of Finance of Albemarle County, effective July 1, 1975. Ray B. Jones,
as Director of Finance, shall have all those powers and duties as set forth
in Code of Virginia, Section 15~.1-605.
Mr. Wheeler said Mr. Jones has done an outstanding job for the County ~or a number of years and
it is with a great deal of pleasure that this appointment is made.
The motion was seconded by Mr. Carwile and carried by the following recorded vote:
AYES-
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
No. 16e. Appointment: Purchasing Agent.
to adopt the following resolution:
Motion was offered by Mr. Carwile, seconded by Mr. Thacker
BE IT HEREBY RESOLVED by the Board of Supervisors of Albemarle County
that T. M. Batchelor, Jr.'s duties as Purchasing Agent of Albemarle County
are terminated, effective June 30, 1975.
BE IT HEREBY RESOLVED by the Board of Supervisors of Albemarle County,
upon the recommendation of the County Executive, that Calvin S. Jones is
appointed Purchasing Agent of Albemarle County, effective July 1, 1975.
Calvin S. Jones, as Purchasing Agent, shall have those powers and duties
set forth in Code of Virginia, Section 15.1-605(g).
The foregoing motion carried by the following recorded yore:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
No. 17. Discussion of Mcintire School Site Entrances.
agenda of July 19, 1975.
It was ordered that this be included on the
No. 18. Request to ratify changes in'the By-laws of the Region X Menval Health and Retardation
Services Board.
Motion was offered by Mr. Carwile to adopt the following resolution:
WHEREAS, the Board of Supervisors of Albemarle County appoints members to the
Region X Community Mental Health and Retardation Services Board;
WHEREAS, the Board desires to have sole authority for the appointment and
approval of said Board members from each political subdivision and feels that the
governing bodies of the other political subdivisions which appoint members to said
Board should have the same authority and control;
BE IT THEREFORE RESOLVED that the Board of Supervisors for the County of Albemarle
does hereby agree that the governing body of each political subdivision should have
the sole authority and control over the appointment and approval.of members to the
Board of the Region X Community Mental Health and Retardation Services Board.
BE IT FURTHER RESOLVED that the Board of Supervisors for the County of Albemarle
does hereby ratify ~an amendmenv to Article 4 of the By-laws of the Region X Community
Mental Health and Retardation Services Board to incorporate the above change.
The motion was seconded by Mr. Wood and carried by the following recorded vote:
NAYS:AYES: None. Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
No. 19. Lottery Permit: White Hall Ru~itan Club. Motion was offered by Mr. Henley, seconded by
Mr. Fisher, to approve a lottery permit for the White~ Hall Ruritan Club in accordance with adopted
regulations of this Board. The motion carried by the following recorded vote:
AYES: Messrs. Carwile Fisher, Henley Thacker,
NAYS: None. ' , Wheeler and Wood.
At 10:30 P.M., motion was offered by Mr. Carwile to adjourn this meeting until 7:30 P.M. on
June 18, 1975, in the Albemarle County Courthouse. The motion was seconded by Mr. Fisher and
carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley Thacker, Wheeler and Wood.
NAYS: None. ,
Chairman