1972-05-24141
A regular meeting of the Board of County Supervisors of Albemarle County, Virginia,
was held at the Albemarle County Court House of said County on the 24th day of May,
1972, at 7:30 P.M.
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 and County Attorney.
At this time, the Chairman asked for names to be placed in nomination for the
seventh member of the Albemarle County School Board.
Mr. Henley placed in nomination the name of Mr. Charles Maupin, stating that
he felt Mr. Maupin would represent the black citiZens of Albemarle County w~ll and
would also keepin mind the good of Albemarle County as a whole.
Mr. Wood placed in nomination the name of Mr~ A. L. Scott. Mr. Wood stated
that the Board had interviewed Mr. Scott and that he has a life=long history in
education and has been known in Albemarle County since 1969.
Mr. Thacker made motion to close non~knations and motion was seconded by
Mr. Fisher.
Mr. Carwile s'tated 'that he felt i't was important to have an opportunity to
further discuss this ma'tter 'to-come out with unanimous support and with reluctance
made +otion to adjourn into executive session. 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.
The Board reconvened at 7:45 P.M.
The Chairman then called for a vote on 'the above motion 'to close nominations.
The. motion carried by the following recorded vo'te:
AYES:
NAYS:
member 'to give the name of his choice.
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler andWood.
None.
At 'this time, 'the Chairman requested 'the Clerk to call 'the roll asking each
The vote was as follows:
It having been determined that neither nominee received a majori'ty of 'the
vote and the name of the tie breaker not being readily availa~, the Chairman
stated that 'the tie-breaker would be requested to attend the next meeting of this
Board to cast the deciding vote.
Mr. Carwile voted for Mr. Scott.
Mr. Fisher vo'ted for Mr. Maupin.
MiR.Henley voted for Mr. Maupin.
Mr. Thacker voted for Mr. Scott.
Mr. Wheeler voted for Mr. Maupin.
Mr. Wood voted for Mr. Scott.
2La2
Upon mo'tion by Mr. Carwile, seconded by Mr. Fisher, the following resolution
was adopted by 'the following recorded vo'te:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF
A PLANNING GRANT AGREEMENT BETWEEN THE BOARD OF
SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA, AND
THE UNITED STATES OF AMERI~A, FEDERAL AVIATION
ADMINISTRATION, PROVIDING FOR FEDERAL AID IN THE
DEVELOPMENT OF PLANS FOR THE CHARLOTTESVILLE-
ALBEMARLE COUNTY AIRPORT, CHARLOTTESVILLE, VIRGINIA.
BE IT RESOLVED by the Board of 'County Supervisors of
Albemarle County, Virginia:
Section 1. That 'the Board sh~ll enter into a Planning
Grant~2<Agreement with 'the United States for the purpose of
obtaining Federal aid in the development of plans for the
Charlottesville-Albemarle County Airport by executing the
Acceptance of a Planning Grant Offer, and that such offer
~and Acceutance, which comprise the Planning G~ant~Agreement,
shall be as set for'th hereinbelow.
Section 2. Tha't Gordon W. Wheeler, Chairman of the Board,
is hereby authorized and directed to execute said Agreement,
in five (5) copies, on behalf of 'the Board of County Supervisors
of Albemarle County, Virginia, and Lettie E.Neher, Clerk of
the Board, is hereby authorized and directed to impress the
official seal of the County of Albemarle, and to attest said
execution.
Section 3. That the Planning Grant Offer referred to
hereinabove is incorporated herein by reference and a copy
is attached.
Upon motion by Mr. Wood, seconded by Mr. Thacker, the Chairman was
authorized 'to sign two separate leases for public 'telephone space with the
Virginia Telephone & Telegraph Company.
Leas~ $/1 is described as "Approximately twelve (12) square ~!space
located in the north parking lot, lef,t (west) side, near 'two trees,
at Mint Springs Park, suitable for loca'ting a rustic type pedestal
booth and payphone - (Crozet Exchange)"
Lease $ 2 is described as "Approximately twelve (12) square feet
of space on the ba'thhouse road about 100 feet on the right side of the
picnic shelter at Mint Springs Park sui,table for locating a rustic
type pedestal boo'th and payphone - (Crozet Exchange)"
The motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
At this 'time, the Chairman called for public hearings on z~ning petitions~
ZMP-219. Amon P. Williams. To rezone approximately 48 acres from A-1
Agriculture 'to R-1 Residential. Property is located on Route 743 in 'the immediate
area known as Earlysville and is the developing subdivision of ~Earlysville
Heights." Property is described as County Tax Map 3lA, Parcel 1 and Lots 1, 2,
3, Block A and Lots 1, 2,3, Block B, Section 1, Rivanna..Magisterial District.
Mr. Humphrey, County Planner, sta'ted that the subject land as noted has been
partially developed on approximately half acre lots. Some nine lots have been
recorded. The subjec't land was determined to be exempt from zoning by virtue
of a preliminary plat which tad been approved prior to zoning and governed by the
laws applicable at that 'time. The staff has ~etermined that the preliminary
pla't, for 'the en'tire tract, has now become invalid and ~the ordinance of today
must prevail, hence the submit'tal of the rezoning petition. He also stated
tha't this parcel is in the cen'ter of the suggested "Earlysville Cluster" so
143
it complies relative to the objectives for residential development as it relates to
location. Half acre lots and the continuance of 'such development would not meet
'the objectives of the planrelative to lots served by individual wella and'seutic
tank systems. The requiremen't is one acre under the individual approach~ His staff
comment was as follows: This is a development initiated under 'the laws applicable
prior to June 28, 1968, which planning by the developer was based upon. Now the
grandfather clause has lapsed and he finds himself caught between the new ordinance
and the objectives of an adopted plan and his plan under the p~vi'ous ordinances.
The staff, under 'the adopted plan with i'ts residen'tial objectives, finds 'that the
plan should be adherred to relative to lot size under an RS-1 zone, Therefore,
the Planning Commission recommended denial of 'the R-1 request, but did no't pursue RS-1.
Mr. Morris Foster appeared on behalf of Mr. 'Williams. 'No one appeared in ~pposition.
Mr. Wood made a motion 'to approve rezoning to make the whole tract conf6rming lots
Motion was seconded by Mr. Carwile and carried by the following recorded
sizes.
vote:
AYES:
NAYS:
Messrs. Carwile, Thacker, Wheeler and Wood.
Mr. Fisher and Mr. Henley.
.EMP-220. M. W. Worley. To rezone 9.7 acres from A-1 Agriculture to R-~ Residential.
Prope~ i~ located on Route 649 east of Route 29 North and immedia'tely north of
"Springfields Subdivision~ which fron'ts on Route 649. Property is described as
County Tax Map 32B, Parcel B, Rivanna Magisterial Distric't.
Mr. Humphrey stated that the subject property lies in an area designated for a
maximum
densi'ty of one dwelling unit per acre and represents the northern limits of
the "North Rivanna Cluster." The objec'tives for residen'tial developmen't, as found
on page 59 of 'the comprehensive plan indica'tes tha't construc'tion of homes on lots
smaller than one acre with septic tank and no tmblic water should not be_permitted.
He ~so sta'ted 'tha't the plannin3g staff and the Planning Commission recommended
RS-1 rathe~ th~ the R-1 which was requested. Mr. Carwile made motion 'to rezone
to RS-1 as recommended by 'the planning staff and 'the Planning Commission. Motion
was seconded by Mr. Fisher and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS:: None.
ZMP-222. Joel M. Cochran, Inc. To rezone 2~62 acres from A-i Agriculture to
RS-1 Residential. Proper'ty is loca'ted just off Route 250 West on Route 751. Property
is described as County'TaxMap 56, Parcel 34, White Hall Magisterial District.
Mr. Humphrey stated that B-1 zoning exists to the west and A-1 zoning exists in all
other direc'tiOns~ Property has frontage on Route 250 and Rou'te 751, Three frame
dwellings exist on 'the proper'ty. Another single family dwelling exists 'to 'the eas't
on a separate parcel. The existing division of land indicates a minimum of one acre
up to four acres in the immediate area. The RS-1 zone of the proper'ty meets 'the
objectives for residential development and complies with 'the density of 'the area
as indicated for the "Crozet Clusteri" One 1.62 acre lot and one 1.O0 acre lot is
the objective of the applicant. In accordance with the above, the Planning Commission
unanimously recommended approval of the petition. Motion was made by
Mr. Thacker to acceut reeDmmendation of the Planning staff and the Planning
Commission. 'Motion was seconded bY Mr. Henley and carried by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr.'Wood.
ZMP-223. Elliott Hyman. To rezone 20 acres frOm A-1 Agriculture to
R-2 Residential. Property is located on east side of Route 29 North, south
and across the north fork of 'the Rivanna River from Scott Aviation Building.
Property is described as County Tax Map 32, Parcel 5A (part 'thereof),
Rivanna Magis'terial District.
Mr. Humphrey Stated tha't he had received a letter from Mr. Eaton Br~$.
representing Mr. Hyman, asking that ~this petition be withdrawn without
prejudice. Mo'tion 'to permitMr. Hyman 'to wi'thdrawn-'the petition was made
by Mr. Thacker, seconded by Mr. Fisher andcarried by 'the following recorded
vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
Non~.
ABSENT: Mr. Wood.
SP-166. Russell'E. Safley. TO locate a permanent mobile home on 2.12
acres zoned A-1 Agriculture. Property is situated on Route 20 Nor'th (Stony
Point Road) in the area known as Eas'tham on east side of Route 20. Proper'[~y
is described as County Tax Map 62, Parcel 54(9) and Map 63, Parcels 5B and 6
(par't of all 'three), Rivanna Magisterial District.
Mr. Safley was prese=t in suppor't of his petition. No one from the public
spoke in opposition. Mr. Humphrey stated 'that the Planning Staff and 'the
Planning Commission recommended approval with Health Depar'tment approval of
a septic system and a setback from 'the right-of-way of Route 20 of 100 fee't.
Mr. Fi. sh~? made a motion 'to accept 'the recommendations as s'tated above,
Motion was seconded by Mr. Henley and carried by 'the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
SP-168. ~us Anthos. To locate a wholesale distributing facility on
proper'ty presently housing 'the C-K S'teakhouse on Route 29 NOrth. Property
is described as County Tax Map 61, Parcel 135A, containing 3.71 acres,
Charlo't'tesville Magisterial Dis'trict.
Mr. Humphrey stated that 'the plans for the proposed facili'ty indicate an eight
'thousand (8000) square foot building with the dimensions of I00 x 80 feet.
Provisions have been made 'to accommodate loading and unIoading to the rear of
· the building. Fourteen ('1'4) parking spaces are provided for in 'the rear of
the building. Six (6) spaces are shown in the front of 'the building behind the
C-K Restaurant.' Access 'to the facility is to be from Route 29 North through
'the-existing parking area of'the C~-Res'taura~t and by a 12 foot drivewa~ on
Slite 'to 'the proposed structure. A landscape plan indicates screen on the
southern property line.. He also stated that the Planning Staff is concerned
primarily wi'th access 'to and from 'the facility and 'the cross purposes of 'the
existing and proposed uses. If tractor trailers are-to be the vehicle 'type
used in connec'tion with 'the proposal 'the staff feels 'this poses a major safety
and traffic conflict. The staff feels i't would no't be in the best in'terest'~ permit a
po'tential 'traffic hazard on Route 29 as well as 'the restriction of circulation
on 'the site. The Planning Commission has recommended approval subjec't 'to
in
screen/an~ a 12-ft. de-acceleration lane. Mr. Wood made a motion 'to approve
this petition as recommended by the Planning Commission. The motion was not
seconded. Judge Allan B. Spitzer appeared in behalf of Mr. Anthos. After a very
lengthy discussion and some clarification by the County Attorney, Mr. Fisher.made
a motion to approve with conditions as per Planning Commission and with the
added stipulation that this use be limited 'to 'the wholesale di~'kribution of
publications and reading ma'terials. Motion was seconded byMr. Wood and carried
by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Wheeler and Wood.
NAYS: Mr. Thacker.
SP-169. James R. Hahn. To locate one duplex structure on a parcel con'taining
256 acres on Route 664 approximately 3 miles north of Earlysville. Property is
described as County Tax Map 18, Parcel 34, Whitehall Magisterial District.
Mr. Humphrey stated ~tha't 'the staff is of the opinion that the granting of a-permit
for duplex Uni'ts in 'this area would 'tend to encourage further.requests ~hich~would
tend to defeat *the development objectives of 'the Comprehensive Plan and the policies
regarding the "Eartysville Village Cluster." However, the Planning Commission has
unanimously approved one duple~ unit, with setback conditions to the satisfaction of
Mr. Hahn and the staff, and Heal'th Depar~tmen't approval of a septic system. Mr. Hahn
was present in SUPport of his petition. Mr. Henley stated 'that'three people had
called him in opposition to 'this petition and Mr. Wheeler stated that he felt it
was a bad precedent to approve a duplex in this area and he would not support'same.
Mr. Henley made a motion to deny the petition and 'the. motion was Aeconded by Mr. Fisher.
Motion carried by the following recorded vo'te:
AYES: Messrs. Fisher, Henley, Thacker and Wheeler,
NAYS: Mr. Carwile and Mr. WoOd.
SP-170.
Lorenza Fields.
To loca'te a permanent mobile home on 1.4 acres zoned
A-1 Agriculture. Property is loca'ted on Route 744 near Interstate 64 in the Keswick
area. Pr'oper'ty is described as County Tax Map 80, Parcel 26, Rivanna Magisterial
District.
Mr. Humphrey stated that the Planning Commission-recommended approval with Health
Department approval of a septic system and adequate set-back from road right of way.
Mr. Wheeler started 'that he fel~t 'tha't since this mobile home had been in place for
'two years, the residents in 'this ~area did not know that it had not been approved and
he asked tha,t ~the matter be deferred in order for hima to contac't some of the citiz~ms
in this area for their opinion. Motion~?waA made by Mr. Thacker to defer action on
this matter u~til June 14.'Motion was seconded by Mr. Wood and carried'by~*the :following
146
recorded vo'te:
AYES: Messrs. Carwile, Fisher, Henley', Thacker,-Wheeler and Wood.
NAYS: None.
SP-172. W. G. Seablom. To locate a permanent mobile home on land zoned
A-1 Agriculture containing 6.18 ac~es. Property is located on Route 666 near
Earlysville. Property is described as County Tax Map 18, Parcel 10B (par't
'thereof), Whi'te Hall Magisterial District.
Mr. Seablom was not presen't. Mr. Humphrey stated 'that the Planning Commission
recommended approval, unaminously, Mr. Wood made a motion to approve as
recommended by Planning Commission and the mo'tion was seconded by Mr. Henley.
At this time, a lady, the adjoining property owner spoke in opposition, stating
that she felt sure this trailer was not to be used by Mr. & Mrs. Seablom as a
residenee since 'they were in the process of remodeling a permanent dwelling on
this same property. Mr. Wood then withdrew his motion stating that this had not
been 'the intent of his mo'tinn. Upon motion by Mr. Thacker, seconded by Mr. Carwile,
Mr. Humphrey was asked to prepare a new staff report on 'this petition and 'the matter
was deferred un'til June 14. Mo'tion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: No~e.
SP-177. Samuel Bradley, To locate a permanen't mobile home on approximately
9.0 acres in an A-1 Agriculture zone. Property, which is located on 'the east
~ide of Route 20 North a't its intersection with Rou'te 641, is described as
County Tax Map 35, Parcel 36 (part thereof), Rivanna Magisterial Dis'tric't.
Mr. Bradley was present in support of his petition. Mr. Humphrey stated that
the Planning Commission recommended approval wi'th 200 foo't se'tback from Route 20
and in addi'tion, standard Health Department approval of a septic system.
Mr. Wheeler presented a peti'tion in opposition signed by Joseph H. Williams,
Fount W. Lam, Charles Davis, Julia C. Smith, Matthew R. Davis, Cynthia S. Davis,
Herman Smi'th, Naomi C. Smith, John W. Cannon and Thomas E. Stansler. A Mr. Harold
Young, who could no't be present, had also phoned in an objection. In view of this,
Mr. Fisher made a motion to deny 'this petition. Motion was seconded byMr. Henley,
and carried by the following recorded vo'te:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
SP-178. Raymond M. Spradlin. To alloW a permanent mobile home to be
located on 5.15 acres of land zoned A-1 Agriculture. Property which is located
on Route 795 near Sco'ttsville is described as Coun'ty Tax Map 123, Parcel 12-3,
Sc6ttsville Magisterial District.
Mr.. Spradlin was present in support of his petition. Mr. Humphrey stated that
the Planning Commission recommended approval with a 75 foot Setback from Route 795
and Health Department approval for a septic tank system. No one from the public
appeared in opposition. Mr. Thacker made a motion 'to approve as recommended
by the ~lanning Commission but changing set back to 100 ft. Motion was seconded
by Mr. Wood and passed by 'the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood,
NAYS: None.
3
147
At 'the conclusion of 'the zoning hearings, the Chairman advised of the necessity
of having a public hearing on the proposed 1972-73 budget, Upon motion by Mr. Carwile,
seconded by Mr. Fisher, the Clerk was dimected to advertise the budget for a public
hearing on June 19, at 7:30 P.M. in 'the Cou~t House. Mo'tion carried bY 'the follo~i~
recorded vo'te:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, wheeler and Wood.
NAYS: None.
At 10:10 P.M. Mr. Thacker made motion to adjourn into executive session.
Motion was seconded by Mr. Fisher and carried by 'the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
Nays; None.
The Board reconvened at 10:30 P.M.
Upon motion by Mr. Carwile, seconded by Mr. Thacker, 'this meeting was
adjourned until 4:00 P.M. on May 30, 1972, in the Board Room of 'the County Office
Building. Motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
Nays: None.
Chairman