1972-08-23256
A regular meeting of the Board of County Supervisors was held on
August 23, 1972, at 7:30 P.M. in the Albemarle County Court House, Charlottesville.,
Virginia.
Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr.~
Wm. C. Thacker, Gordon L. Wheeler and Lloyd F. Woody
Absent: None.
Officers present: County Executive and County Attorney.
The Chairman called for public hearings onlLtHe following zoning requesta as
advertised in the Daily Progress on August 10 and August 17, 1972~ Mr. Joseph
Goldsmith, Zoning Administrator was present to present these zoning matters.
(1) ZMP-200. Auburn Hill Farm Corporation has Petitioned the Albemarle Comnty
Board of Supervisors to rezone 70.0 acres from A-1 Agriculture to R-I
Residential. Property is situated off Route 732 in the immediate area of
the existing division of land kno~,m as Auburn Hills. Property is described
as County Tax Map 78C, Parcel 1 (part thereof), Scottsville Magisterial
District~
Mr. Goldsmith stated that the staff felt that to rezone this .property to R-1 would
be in conflict with the County's recently adopted Comprehensive Pla~iand '~.~'~ a
precedent w~ich could only cause further pressure to evolve with the ultimate
problem of providing utilities to serve an area which has not been considered
for intensive development. Larger lot deTelopment is necessary for septic systems.
The Planning Staff recommended denial and that the two acre minimum be adhered
to in %his area. Mr. Goldsmith stated that the Planning Commission unanimously
recommended denial. In light of the above report, Mr. Wood offered motion to
follow the recommendation of the Planning Commission and deny. Motion was
seconded by Mr. Thacker and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
(2) ZMP-238. Stephen A. McCle~an has petitioned the Board of Supervisors to
rezone 11.O acres from A-1 Agriculture to RS-1 Residential. Property is
situated on west side of Route 606 and has 1390 feet of frontage on Route
606. Property is described as County Tax Map 32, Parcel $, (part thereof)
as indicated on a plat prepared by W. Morris Foster C.L.S. dated 7-6-72.
Rivanna Magisterial Distr~ct.
Mr. McClellan was present in support of the petition. Mr. Goldsmith stated that
the staff is of the opinion that RS-1 zoning on this property does not change the
extreme slopes and is still not in compliance with the Plan as adopted. Non-
recognition'of the Plan and its recommendations can only jeopardize the objectives
for channeling growth in Albemarle County. The p~operty slopes from Route 606 to
a branch. Said slopes vary from 20% to 2~% in the southern 2/3 of the property
and 16% to 20% in the northern 1/3 of the property. Septic tanks placed in steep
slop.es usually result in seepage onto the surface of the slope with drainage finding
its way to natural drainage swales and creeks. To reEone to RS-1 would not be
in compliance with the predetermined objectives for growth and in no way can be
8-23-72
257
considered within the ~onfines of the North Rivanna Cluster or the Earlysvil!e
Village Center, The preservation of this watershed depends mOn low concentrations
of density. Mrs. Francis Martin and Mrs.Mary Jo Lovelace spoke in ~pposition.
Mr. Goldsmith stated that the Planning Commission recommended ~enial. Mr.. Fisher
offered motion to accept the recommendation of the Planning' Commission and to deny.
Mr. Carwile seconded the motion and it carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
(3) SP-189. Billy L. Clemmer. To locate~a permanent mobile home. on 3.0 acres
situated on Route 78~ three-quarters of a mile from its intersectionwith
Ro-~te 6~9.
After hearing staff comments and Planning Commission decision, it was determined that
Mr. Clemmer was'not the owner of the property in question and was not acting as an
agent of the owner. Mr. ~isher then offered motion to defer action on this matter
until September ~ or until such time as Mr. Clemmer could show proof that he is
the agent of the present owner or contract purchase~. Motion was seconded by
Mr. Wood and carried by the following recorded vote:
AYES: Messrs~ Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
(~) SP-193. Edward R. Dean has petitioned the Board of Supervisors to locate a
temporary mobile home in conjunction with the cor~truction of a permanent
dwelling on 2~.0 acres situated on Route 651. Property is described as
County Tax Map 2I, Parcel 30, Riva~na Magisterial District.
Mr. Goldsmith stated that the Planning Staff recommen~a 200 ft. set back and Health
Department approval of a septic system. Mr. Goldsmith also stated that the Planning
Commission had deferred this matter in O~er to make a site review of the property.
They had reported that the mobile home would be completely out of character with
this area of expensive homes. In accordance, the Planning Commission unanimously
recommended denial. Mr. Dean was not present. No one from the public appeared in
Mr. ~ood offered motion to deny as recommended by the Planning
Motion was seconded by Mr. Fisher and carried by the following recorded
opposition.
Commission.
vote:
AL~ES:
NAYS:
Messrs. Carwile, Fisher, Henley, T~acker, Wheeler and Wood.
None.
(~) SP-195. Daniel D. Shifflett. Mr. Goldsmith stated that in the advertisement of
this petition it had been brought to his attention that the County tax maps have
erroneous route numbers listed. Route 668 is actually Rt. 688 and Rt. 68~ is
actually Rt. 825. The County Attorney advised that the advertisement was not
adequate.
expense.
vote:
AYES:
NAYS:
Mr. Carwile offered motion to re-advertise this petition at the County's
Motion was seconded by Mr. Thacker and carried by the following recorded
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
8-23-72
(6) SP-196. Peter-Easter has petitioned the Albemarle County Board of
Supervisors to construct an "ice-skating rink" on 2.0 acres in a
B-1 Business zone. Property is located on the north side of Green-
brier Br~ve~ in "Westfield Subdivision" and is described as County
Tax Map 61W, ~Parcel A3, Charlottesville Magisterial District.
(Mr. Carwile did not participate in disuus'si~n~i or action taken on 'this matter.~
Mr. Easter was present in 'support of the petition. Mrs. Smith and Mrs. Lovelace
spoke in favor of the petition. The Planning Staff and the Planning Commission'-'
recommended~approval of the petition subject, to the following conditions:
1. Detailed site plan approval.
2. Grading plan.
3- Adequate sewer and water.
Mr. Thacker offered motion to approve subject to Planning Commission recommeE~tionS
and the following added conditions:
1. Seating Capacity be limited to ~00 persons.
2. Application for plans for additional parking to accommodate
· special events be brought before this Board for amendment of
of the special permit.
Motion was seconded by Mr. Wood and carried by the following recorded vote:
AYES: Messrs. Fisher, Henley,~ Thacker, Wheeler and Wood.
NAYS: None.
ABSTAINING: Mr. Carwile.
(7) SP-197. L. 0. Cart (Estate of K. F; Carr) has petitioned the Board of
Supervisors to· locate a permanent mobile home on 160.99 acres situated
on Route 66~ between Free Union and White Hall. Property is described
as County Tax Map 28, Parcel 3~, White Hall Magisterial ~istrict.
Mr. Goldsmith stated that the Planning Staff and the Planning Commission
recommended approval upon review by the Health Department for a septic tank
system and that trailer be located not closer than 1~0 feet to Route 66~.
Motion was offered by Henley, seconded by Mr. Wood to accept recommendations
of the Planning Commission. Motion carried by the following recorded vote:
AYES:: M~ssrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Motion was offered by Mr. Henley, seconded by Mr. Fisher to authorize the
Chairman to execute the following agreement:
THIS AGREEMENT made this 15th day of June, 1972, by and between the
BOARD OF COUNTY SUPERVISORS OF ASBEMARLE COUNTY, VIRGINIA, party of the
first part, hereinafter referred to as "Board", and G. BOURNE WAYEAND
and NORMAN A. WAYLAND, husband and wife, parties of the second part,
WITNES SETH ;
That for and in consideration of the parties' of the second part
releasing their restrictive covenant on 9.8 acres now included in the
Mint Spring Park property land, Crozet, Virginia, in a deed of release
of even dateher~wi'~h to be recorded in the Clerk's office of the
Circuit Court of Albemarle County, Virginia, the "Board" promises to
perform the following insofar as they are within its power and authority:
(1) Recreational access funds, currently received by Albemarle
259
County at the rate of $.1~0,000 per annum will first be used to improve
the road to the proposed Mint Spring Park from the intersection of State
Route 810' at the Chesapeake & Ohio Railway underpass in'Crozet (to include
widening bridges, portions of the road, straightening curves, eliminating
bumps and small hills and generallyincreasing safety where~r~r necessary~n:~m~,.-
feasible).
(~) Toilet facilities in Mint Spring Park will be located so as not
in any way to contaminate any springs, wells and streams in the area.
.(9) No parking and reduced speed limit signs will he conspicuously
posted along the access road from the intersection of Buck Mt. Road. to
Mint_ Spring Park and speed limit and parking restrictions will be rigidly
enforced.
(~) A gate will be located at the entrance to the Mint spring Park
from State Route 685 which will be closed and locked at the hour of
darkness, thus prohibiting use by the general public except that special
permission may be obtained by church groups, etc., from the County EXecutive's'
Office from time to time to use the shelter facility to be located at the
source end of the large lake after the hour of darkness.
(~) The "Board" agrees that no facilities except a backstop will be
built in the proposed Mint Spring Park for spectator sports such as.baseball,
football, field hoCkey, etc., for a period fifteen (1~) years.
(6) The wells located in Mint Spring Park which have for years been
used as a source of water supply for the Crozet area will be preserved and
maintained for said purposes.
(7) No drinking of hard liquor will be permitted on the premises,
(8) No amplification system for the purpose of breadcasting music, etc.,
will be installed.
(9) The Park will be actively supervised at all times-when said facility
is open to the public.
WITNESS THE following signatures and seals.
Board of County Supervisors of Albemarle
County
BY:
G. Bourne Wayland
No~man A. Wayland
.
(s An)
Clerk, Board of County Supervisors
Motion on the above carried by the following reoo~dSd vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
Communication under date of August 22, 1972, signed by Richard F. Pietsch,
260
Linden Shroyer and Hedley M. Bowen stating~the below, has been filed.
"It is our Understanding that since considerable negotiation has been
carried out by the undersigned who are not signatories ~o the two
documents above described, it is the Board's wis~h that we indicate our
acquiescence bo and approval of said documents. Further, it is our
understanding that the Board wishes to be assured that we are satisfied
to the extent that we will declare our intention not to pursue any
claims or demands raised during said negotiation in addition to those
set out in the agreement and deed of release which will, by the execution
thereof~ be put to rest."
Motion to approve the following resolution was offeredlby Mr. Carwile,
seconded by Mr. Thacker and carried by the following recorded ~vote:
AYES: Messrs.. Carwile~ Fisher, Henley, Thacker and Wheeler.
NAYS:- None.
ABSENT: Mr. Wood.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE
COUNTY, VIRGINIA, that T. M. Batchelo~, Jr., Director of Finance
is hereby authorized to execute for and in behalf of Albemarle County,
a public entity established under the laws of the State of Virginia, this
application and to file it in the appropriate State office for the
purpose of obtaining certain Federal financial assistance under
the Disaster Relief Aet (PBBLIC Law 606, 9!st Congress).
Appointment of a member to the Bi-Centennial Commission was postponed
until SePtember ~.
Motion was offered by Mr. Thacker, seconded by Mr. Carwile to adjourn
into executive session to discuss annexation and a matter relating to a public
hearing. Motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheelen
NAYS: None.
ABSENT:~'~ Mr. Wood
-The Board Beconvened.
UPon motion by Mr.Thacker, seconded by Mr.Car~ile the meeting was adjourned
until ~:00 P.M. on September ~, ~972, in the Board Room, County Office Building.
Motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
*left out above
Claims against the~County amounting to $76~,~21.2~ were presented, examined
and allowed and certified to the Director .or. Finance.for Da~yment a~..charge~
against the following funds:
General Revenue
General Operating
School Operating
Virginia Public Assistance
Capital Outlay
Foo. 7F
119,818.11
301,201.18
9~+, 349. l+2
196,086.02
8-23-72
26!
Dog Tax Fund
Textbook Rental Fund
Mental Health Services Fund
Commonwealth of Virginia-Current Credit Account
Tewn of Scottsville-Lecal Sales Tax
Total
$ 727.83
10,230.30
30,~89.I6
9,988.33
130.11
$ 76~, ~21.21
Chairman