1973-05-23N5-23-73
A regular meeting of the Board of Supervisors of Albemarle County, Virginia,
was held on May 23, 1973 at 7'30 Pi.M, in the Albemarle County Courthouse, Charlottesville,
Virginia.
PRESENT WERE-
ABSENT'
Messrs. Stuart F. Carwile, Gerald E. Fisher, J.T. Henley, Jr.,
William C. Thacker, Jr., and Gordon L. Wheeler.
Mr. Lloyd F~ Wood, Jr.
OFFICERS PRESENT' County Executive and County Attorney
Mr. Wheeler called the meeting to order and announced that sign designating the
Albemarle County Courthouse as a Virginia Historic Landmark had been received.
(Mr. Carwile abstaining during the following discussion.)
Mr. St. John reported that--'the Albemarle County Service Authority had enacted
the following resolution'
WHEREAS, the Albemarle County Service Authority is delegated the res-
ponsibility of providing water and sewer service to citizens of Albemarle County
AND WHEREAS, nine (9) property owners located in Hessian Hills at the
horthern end of Bennington Road and Georgetown Road are having problems with sep-
tic tanks
AND WHEREAS, pursuant To a letter dated April 26, 1973, from George Moore,
Director of Albemarle-Charlottesville Health Department that every reasonable
effort has been made To correct the septic tank prbblems in the area which have
proved to be unsuccessful
AND WHEREAS, the homeowners have agreed to install a sewer line to a man-
hole owned by the City of Charlottesville in Solomon Road
AND WHEREAS, the citizens have secured all easements necessary to make
the installation with the exception of Mr. Douglas P. and Marcia F. Howard,
owners of parcel 61S-E8 on County Tax Map and further identified as Lot 8,
Block E, Section 2 of Barterbrook Subdivision
AND WHEREAS, the citizens have made a reasonable offer to the property
owners in the amount of $500.00.
BE IT HEREBY RESOLVED by the Albemarle County Service Authority that the
Albemarle County Service Authority will act as agent for the citizens to condemn
the easement for the sewer line to the following conditions'
(1) Approval of the County Legal Counsel of the conditions and
agreements
(2) The sewer line will be installed at the expense of the citizens
(3) The citizens agree to pay the Service Authority for all costs
including an appraiser in the condemnation proceedings
(4) The citizens and the city agree to deed, free of allencumbenances,
the sewer line across the Howard's property to the Albemarle County
Service Authority
(5) And, the city and citizens agree to deed, at no cost to
the Albemarle County Service Authority, the entire installation
to the Service Authority if the Service Authority chooses to
purchase all city utilities physically located in the county under
the proposed contract for formation of the Rivanna Water and Sewer
Authority.
Mr. St. John said he would not proceed with this condemnation
proceeding until he received official approval from the Board.
Mr. Fisher offered motion to authorize Mr. St. John to proceed with condemnation
proceedings. Motion was seconded by Mr. Henley and carried by the following recorded
vote'
AYES'
Messrs. Fisher, Henley, Thacker and Wheeler.
NAYS' None.
ABSENT' Mr. Wood.
ABSTAINING' Mr. Carwile.
5-23-73
Mr. Fisher left the meeting at approximately 7:50 P.M.
Mr. Wheeler called for public hearings on zoning matters as advertised in
The Daily Progress on May 2 and May 9, 1973:
(1) ZMP-272-Holy Comforter Church and Grover FOrloines have petitioned
the Board of Supervisors to rezone 109.88 acres of land from B-1
Business, R-3 Residential and R-2 Residential to A-1 Agricultural.
Property is situated on east side of Route 29 North opposite entrance
to "Berkeley." Property is described as County Tax Map 61, Parcel
135B, 135C, 136 (part thereof) and 136A (part thereof). Charlottes-
ville Magisterial District.
(2) SP-246. Holy Comforter Church has petitioned the Board of Supervisors
to locate a Planned Unit Development on 109.88 acres of land zoned B-1
Business, R-3 Residential and R-2 Residential. Property is situated
on east side of Route ~ North opposite entrance to "Berkeley." Pro-
perty is described as County Tax Map 61. Parcel 135B, 135C, 136 (part
thereof) and 136A (part thereof). Charlottesville Magisterial District.
Mrs. Ruth.~Miller, Zoning Administrator, presented the staff report. She stated
that the Planning Commission recommended deferral of action on this petition until
proper sewer facilities are available. However, they had stated that if the Board
did not wish to take this course, of action, the petition should be referred back to
the Planning Commission for conditions to be placed on same.
Mr. Max Evans was present for the petitioners.
After a short discussion concerning deferral of action on this petition, Mr. St.
John said that if t~i~ were deferred on specific grounds having solely to do with sewers,
this could be looked on later by another Board as giving tacit approval to the peti-
tioner subject to availability of sewer. Deferral on these grounds puts the County
in the position of approving the petition~ and stops raising questions later about
anything other than sewage disposal.
Mr. Evans then requested withdrawal of the petition~ without prejudice. Motion
~o this effect was offered by Mr. Thacker, seconded by Mr. Henley and carried by the
following recorded vote:
AYES: Messrs. Carwile, Henley, Thacker and WheeZer.
NAYS: None.
ABSENT: Mr. Fisher and Mr. Wood.
(3) ZMP-275. Kenneth and James Chisholm have petitioned the Board of Super-
visors to rezone 3 acres of land from A-1 Agricultural to RS-1 Residential.
Property is situated on east side of Route 728, about ~ mi. from its
intersection with Route 620. Property is described as County Tax Map 115,
Parcel 41C, (part thereof). Scottsville Magisterial District.
Mrs. Miller gave the staff's report. She stated that the staff was of the opinion
that this request is beyond the intent of the village concept in Woodridge. In
line with this report, the Planning Commission unanimously recommended denial.
Mr. Forbes Rebach was present to represent the petitioners. He stated that the
Chisholms had purchased three acres of land from-a distance relative and wanted to
build two houses on this parcel. He said that altho'ugh this land could not be
considered to be in the Woodridge cluster, it does i~ewithin a cluster of homes in
this area and he asked ~hat the Board grant their request and approve this rezoning.
Mr. Thacker said this area has a number of small parcels and he considers the
master plan to be a guide and no~ a hard and fast rule and he felt this request is
5-23-73 .....
within the realm of existing uses. He then offered motion to approve ZMP-275.
was seconded by Mr. Carwile and carried by the following recorded vote'
AYES- Messrs. Carwile, Henley, Thacker and Wheeler.
NAYS' None.
ABSENT'
(4)
Motion
Mr. Fisher and Mr. Wood.
ZMP-276. Walter A. Young has petitioned the Board of Supervisors ~o rezone
3.1 acres of land from A-1 Agricultural to B-1 Business. Property is
situated on the southeast quadrant of the intersection of Rou~es 250 West
and 240 at Brownsville. Property is described as County Tax Map 56,
Parcel 32D. White Hall Magisterial. District.
Mrs. Miller stated that the property is situated on the southeast quadrant of
Rou~e 250 West and Route 240 at Brownsville. B-1 zoning exists on the other three
quadrants, with the northwest quadrant being developed as Ida's Grill~ This area is
indicated for neighborhood commercial in the Comprehensive Plan and this request is in
keeping with the objectives relative to present zoning categories. The staff felt
this rezoning could be premature since there is no specific user under contr.act and
the site requires extensive fill before it becomes usable. However, she stated that
the Planning Commission recommends denial based on the fact that there is sufficient
B-1 zoning in the area and the total road frantage is no~ in the ownership of the
petitioner.
Mr. Herbert Pickford, Attorney, was presen~ to represent Mr. Young, who was
also present. Mr. Pickford said that there is a contract purchaser for the land Mr.
Jimmy maupin. He said that the several objections brought up at the Planning
Commission were not valid, namely, the matter of filling in a gulley, which would
be subject to site plan approval and the possibility that Rt. 250 West may be design~
ated as a scenic highway.
A~ this time, the Chairman opened the floor for comments from the public:
Mrs. Helen Billows spoke in opposition. She felt there are traffic problems at
this intersection and also felt this may deprive the entire county of a scenic
highway.
Mr. Forbes Reback, representing the Civic League, said they are on record as trying
to have 250 West designated as a scenic highway and they ask~the Board not to take
any action that would prejudice their case.
Mr. Rick Noble, Ivy Citizens Association, asked that the Board zone in accordance
with the Master Plan.
Mr. Pickford said it had been stated at the Planning Commission hearing and by the
staff that this site lends itself to commercial zoning. He said there is quite a
bit of commercial zoning in this area, but is is not usable. He mentioned the Albemarle
County School property, a cemetery and the interchange of 1-64 and 250 W. which.:is
fenced. He said there are four quadrants at this location, but only 18/100 of an
acre is being used commercially.
Mr. Wheeler said he had received letters from David C. Bonds-Kemp, Janet H.
Meador, Charles Tewksbury and Donald F. Hunt, all registering complaints on the basis
that 250 W may be designated as a scenic highway. He did not feel' tha~ designating
this particular section of 250W as a scenic highway is realistic.
Mr. Henley said he shared the concern of the citizens on this petition, but the
Board could not rezone on what might happen in the future. He then offered motion ~o
~'~ approve ZMP-276 and ordered that any site plan connected with this parcel should come
to this Board for final approval. Motion was seconded by Mr. Thacker and carried by~
the following recorded vote'
AYES- Messrs. Carwile, Henley, Thacker, and Wheeler.
NAYS- None.
ABSENT' Mr. Fisher and Mr. Wood.
- SP-248
(4) Nahor Milling Co., Inc. has petitioned the Board of Supervisors to locate
a mobile home home park and central water supply on 69.5 acres of land zoned
A-1 Agricultural. Property is situated on north side of Route 630, at its
intersection with Route 719 and Route 717. Property is described as County
Tax Map 119, Parcel 50 (part thereof). Lots 32, 33, 34, 35, 36 and 37.
Scottsville Magisterial District.
Mrs. Miller gave the staff's report stating that the property is situated north of
Route 6 on Route 630 and is accessible via Routes 719 and 717. The property is part
of a subdivision of land approved recently by the Planning Commission. This sub-
division is known as Green Mountain and contains 48 lots, of which six of these lots
are involved in this petition and are located behind lots fronting on Route 630. The
area is highly rural. Numerous subdivision of land has occurred in the area, stripping
the secondary roads. The Planning ~taff has determined that three lots~have been
?~ sold in Green Mountain Subdivision and as of March 28, 1973, six building permits
had been issued.
This request would have the following impact on the area' 1) 228 base vehicles;
2) 1,320 vehicle trips per day; and 3) 189 school population distributed 102 ~o
elementary schools, 41 to intermediate schools and 46 to secondary schools.
Mrs. Miller stated that the Planning staff was of the opinion that this proposal
was not compatible in light of the conventional subdivision which is present~ly being
developed and that the ~density permitted in the mobile home permit is urban. They
were of the opinion that the area is rural and should remain so. In keeping with
the staff's recommendation, the Planning Commission unanimously recommended denial
of the petition.
Mr. Robert Boyles, Attorney, Mr. David Turner, President of Nahor Milling Co.
and Mr. Max Evans were present in support of the petition. Mr. Evans gave a short
report on the character of the land. M&. Boyles said that he realized that mobile
home parks are not popular, but there is a need for this type o~ housing. He had
polled by telephone, the other mobile home parks in the area and had found that there
are hundreds of people on waiting lists and he had f~ound density in these parks to be
r"~ as high as 14 per acre. Density in this park would be 2.7 per acre. He also stated
that there is not any present zoning for mobile home parks, but he did not believe
there are any other areas in the county less populated. This property cannot be seen
from surrounding land and he had found that property values .around trailer parks in
the county .had increased in value and not decreased.
5-23-73
At this time, the Chairman opened the floor for comments from the public.
Following are a few brief comments:
Mr. Frank Webber, owner of Bell Gate Farm, which is directly across from this
property spoke in opposition. He felt this is poor land for a small lot subdivision
and that surrounding property values would depreciate as much as 25%. He said there
was no proof that there is .sufficient water for 290 families and he felt this woUld
cause a pollution problem. The land is also poor for septic systems and the roads are
narrow. He also said this property would generate a school population the total of
Yancey Schoo~ enrollment at the present time and he did not feel the taxpayers should
have to bear this additional burden.
Mr. Daniel Van Clief spoke in opposition. He said that there is no room at
Yancey School for additional school population, there are no highway facilities, the
land is poor for percolation and he felt these would be transient citizens and would
not pay their share of the costs of this development. He asked that the Board deny this.
petition.
Mr. Vernon Raque said he did not live in this area, but he did not feel this de-
velopment could pay for itself and stated that he was opposed to the petition.
Mr. William Hea'.th stated that he was opposed to a trailer camp because he did
not feel it would pay for itself.
Mrs. Philip Jessup felt'this would be a desecration of this part of the county
and would never be an attribute to the community and she asked that the Board deny the
petition.
Mr. Webber-presented a petition signed by 19 persons expressing opposition to this
petition.
Mr. Boyles said that it must be understood that as far as a septic system is con-
cerned, this would have to meet the requirements of the Health Department and this
would also apply to the water supply. He said that mobile home parks are relegated
to scrubby rocky land. He felt that people who want the conveniences that all of us
enjoy in our homes can only obtain"these by purchasing mobile homes and in most cases
this is a step up in living conditions for these people.
Mr. Thacker stated that he was extremely concerned about the road system in this
area and also the school system. He then offered motion to deny this petition. Motion
was seconded by Mr. Henley.
Mr. Carwile said he felt Mr. Boyles-had made pertinent comments which the Board
would be wise to think about. He is personally in favor of mobile home courts and
feels this would be a better course of action than having mobile homes scattered over
the County, however, he felt this location creates innumerable problems.
Mr. Wheeler said he agreed with Mr. Boyles and Mr. Carwile. He felt the Board
has a responsibility to provide housing 'for all citizens, however, he did not feel
this is the proper location.
Vote was taken at this point and the motion to deny SP-248 carried by the follow-
ing recorded vote:
91
AYES' Messrs. Carwile, Henley, Thacker and Wheeler.
NAYS' None.
ABSENT' Mr. Fisher and Mr. Wood.
(6) SP-249. Virginia Watkins has petitioned the Board of Supervisors to locate
a public riding stable on 164.28 acres of land zoned A-1 Agricultural.
Property is situated on north side of Route 641, west side of Southern
Railroad at Burnleys. Property is described as County Tax Map 22, Parcel
18B. Rivanna Magisterial District.
Mrs. Miller gave the staff's report. It was then ascertained that the applicant
was not present. In light of this, Mr. Thacker offered motion to defer hearing
public comments and taking action on this matter until June 13. Motion was seconded
by Mr. Carwile and carried by the following recorded vote'
AYES'
NAYS'
ABSENT'
Messrs. Carwile, Henley, Thacker and Wheeler.
None.
Mr. Fisher and Mr. Wood.
(7)
SP-250. Walker Lee Rush has petitioned the Board of Supervisors to locate
a general store on 4 acres of land zoned A-1 Agricultural. Property is
situated on SE side of Route 715, about 1/8 mile from its intersection
with Route 703. Property is described as County Tax Map 127, Parcel 56,
Scottsville Magisterial District.
Mrs. Miller gave the staff's report. She said the Planning Commission recommended
Mrs. Miller gave the staff's report and stated that the Planning Commis~on
recommended approval with the following conditions: 1) 75 foot set back; 2) Health
Department approval of septic tank system; and 3) in 5 years the applicant must
reapply.
Mrs. Taliaferro was present. No one spoke in opposition.
Mr. Thacker offered motion to approve subject to the Planning Commission's
recommendations, chang~#3 to renewable administratively in five years. Mr. Thacker's
motion was seconded by Mr. Carwile and carried by the following recorded vote:
AYES'
NAYS'
ABSENT-
Messrs. Carwile, Henley, Thacker and Wheeler.
None.
Mr. Fisher and Mr. Wood.
SP-252. Anna Taliaferro has petitioned the Board of Supervisors to locate
a permanent mobile home on 4.27 acres of land zoned A-1 Agricultural.
Property is situated on south side of Route 735 about 1½ miles from its
intersection with Route 626. Property is described as County Tax Map 133,
Parcel 66B. Scottsville Magisterial District.
AYES:
NAYS:
ABSENT:
(8)
Messrs. Carwile, Henley, Thacker and Wheeler.
None.
Mr. Fisher and Mr. Wood.
approval subject to the following conditions: 1) expand to accommodate 12 parking
spaces; 2) parking and access ways to be maintained in dust free manner; 3) highway
department approval for entrance and exit; 4) Health Department approval of septi-c
tank system; 5) 40 foot set back for pump island; and 6) 60 foot set back for
structure. Mr. Rush was present. No one spoke in opposition. Mr. Thacker offered
motion to approve as ~er the Planning Commission's reco~nendations. Mo'tion was
seconded by Mr. Henley and carried by the following recorded vote:
5-23-73
(9)
SP-254.
a summer day camp for handicapped children on 70.86 acres of land zoned A-1
Agricultural. Property is situated on south side of Route 702, north side
of Interstate 64. Property is described as County tax Map 75, Parcel 47
(part thereof). Samuel Miller Mag±sterial District.
Holiday Trails, Inc. has petitioned the Board of Supervisors to locate
Mrs. Miller stated that the property is situated ar the terminus of Route
702, (Reservoir Road) between Interstate 64 and land owned by the City. The area is
rural in character and the nearest dwelling appears to be in an area surrounded on
three sides by this facility.
The facilities are being developed for year round use, however, winter
groups using the facilities are somewhat smaller than the summer activity.
The maximum capacity of the camp is expected to be.84 campers, 12 junior
counselors, 24 senior counselors, and 6 administrative staff members.
All facilities will be built to keep these people in residence. Pre-
ference will be given to handicapped children from Virginia, however, out
of state children could be accepted. The ratio of children (84) to
acreage (70.86) is one child per .84 of an acre.
Mrs. Miller stated that the Planning Commission recommended approval subject to
the following conditions- 1) only immediate ground cover needed for construction
be disturbed; 2) Health Department approval of sanitary system; 3) minimum of
40 on site parking spaces for employees and 10 on-site parking spaces for visitor
parking; 4) that access roads on-site be dust proof and maintained as such; and
5) general site plan be adhered to relative to approximate location of facilities
from adjacent property lines.-Mr. Ackenbaum was present in support of the petition.
No one from the public spoke. Motion to accept the Planning Commission's recommen-
dation's and approve SP-254 was offered by Mr. Thacker, seconded by Mr. Carwile and
carried by the following recorded vote'
AYES'
Messrs. Carwile, Henley, Thacker and Wheeler.
NAYS' None.
ABSENT' Mr. Fisher and Mr. Wood.
(10)
SP-256. Albemarle County Service Authority has petitioned the Board of
Supervisors to locate a water transmission line on a parcel of land contain-
ing 9.287 acres, located on the east side of Route 29 North, south of
Route 649 and is in an A-1 Agricultural zone. Property is further
described as County Tax Map 32, Parcel 37. Charlottesville Magisterial
District.
Mrs. Miller said this transmission line will branch off the Route 29 North water
line Lo serve both sides of Proffit Road up to and including Jefferson Village and the
Lester Terry property (proposed Terrybrook Subdivision). Jefferson Village's well
is in need of additional equipment and the media in the filter needs to be replac~to
take care of manganese and iron in the water. The Service Authority feels that
better service will be achieved by extending the water line rather than repairing
the well. Also this water line can serve other developments in the area. She stated
that the Planning Commission recommended approval. Mr. Ray Jones was present in
support of the petition. No one spoke in opposition. Mr. Carwile offered motion
to accept recommendation of the Planning Commission and approve. Motion was
seconded by Mr. Thacker and carried by the following recorded vote'
AYES'
Messrs. Carwile, Henley, Thacker and Wheeler.
NAYS' None.
5-23-73
ABSENT: Mr. Fisher and Mr. Wood.
Motion was offered by Mr. Carwile To adjourn this meeting until May 24, 1973
at 4:00 P.M. in the Board Room. Motion was seconded by Mr. Henley and carried by the
following recorded vote:
Messrs. Carwile, Henley, Thacker, and Wheeler.
None.
Mr. Fisher and Mr. Wood.
AYES'
NAYS'
ABSENT-
Chairman