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1972-10-11N A regular meeting of the Board of County Supervisors was held on October 11, 1972, at"g:30 P.M. in the Albemarle County Court House~ Charlottesville, Virginia. Present: PStuart F. Carw~le, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. Absent: None. Officer~ present: County Executive and County Attorney. Motion was offered by Mr. Thacker, seconded by Mr. Carwile, to authorize the Chairman to execute, and to request Circuit Court approval of this execution, of a deed by and between the County of Albemarle, Berkmar Development Corporation and property owners of Berkmar Drive. Motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley~ Thacker and Wheeler. NAYS: None. ~BSENT: Mr. Wood. At '?~3~'P~M~ the ch~ir~n"ca~ledfor public he~rings'on the following zoning matters ss advertised in the Daily Progress on September 27 and October $, 1972: Amend the Albemarle County Zoning Ordinance to include the provision of Chapter~II of the Land Subdivision and Development OrdinanCe, "Soil' Erosion~and Se Control under an article of ~h~~ Soil Erosion 'rements, thereb~ ' ~ -amending the the prevision of Chapter II of the Land Subdivision and ~evelopment -0rdina~ce~'~..Defi~iSTo~'~%~corrected to read as spread below: ARTICLE 11 -8A SOIL EROSION AND SEDIMENTATION CONTROL REQU.IREMENTS AGENT: T~e Director of Planning and Zoning for Albemarle County, Virginia, ~ho shall act on behalf of the governing body of Albemarle County, Virginia. BANK EROSION STRUCTURES: A barrier that will withstand the erosive forces exerted by flowing water or create a bank roughness that will'reduce the erosive power by dissipating energy of the water as it moves along the bank line. BENCH TERRACES: Flat areas constructed on sloping land to planned dimensions and grades. CHANNEL: A natural or artificial watercourse of perceptible extent, with a definite bed and banks to Eonfine and conduct continuously or periodically flowing water· Channel flow thus is that water which is flowing within the limits of the defined channel. CRITIGAL AREA STABILIZATION: The cutting, filling, and grading soils with heavy equipment resulting in areas of exposed subsoils or mixtures ~f soil horizons. 6. DEBRIS BABINS: See Sediment Basins. DIVERSIONS: A channel or ditch and a ridge constructed across a sloping land surface on the contour, or with predetermined grades to intercept and divert surface run-off before it gains sufficient ~olume and velocity to create harmful erosion. EROSION: The wearing away of soil or land by the action of water or wind. 10. NON-CRITICAL AREA STABILIZATION: Areas of good soils on moderate slopes, the establishment and maintenance of good vegetative cover are relatively simple. OUTLET CHANNELS: Designed channels for the disposal of storm run-off from diversions, bench terraces and other structures. 10-11-72 297 11. SEDIMENT BASINS, BEBRIS BASINS: A temporary or permanent earth fill type dam or barrier downstream from a development area which serves to regulate-run-off and trap sediment. 12. SEDIMENTATION: The action or process of depositing material caused by water or wind. Motion to adopt the foregoing was offered by Mr. Carwile, seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. NATS: None. ABSEnt: Mr. Wood. Motion was offered by Mr. Thacker to delete Chapter IIy ~oil Erosion and Bedimentation Contro~'from the Land Subdivision and D~velopment Ordinance. Motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwiley Fishery Henley,Thacker and Wheeler. NAYS: None. ABSENT: Mr. Wood. Motion was offered by Mr. Fishery seconded by Mr. Henley to adopt the following amendment to the County Zoning Ordinance: Article 11-3-~: ~ Any use~ building, or activity legally in existence on the effective date of this ordinance or for which a building permit was issued prior to the effective date of this ordinance, shall not require a conditional use permit or ~ special use permit, so long as such existing usey ~buiTding, or activity is not expanded or enlarged beyond the boundaries of the parcel, or parcels~ of land on which it was located on the effective date of this ordinance. This exception shall not be applicable, however, to enlargement and-or expansion of existing facilities of public utilities or public service corporations. The foregoing motion carried by the following recorded vote: AYES: Messrs. Carwiley Fishery Henleyy Thackery Wheeler and Wood. NAYS: None. Motion was offered by Mr. Henley, seconded by Mr. Thacker to amend the Albemarle County Zoning Ordinance to delete conditional use permits (Article 11-3) from the zoning ordinance with provision that all uses heretofore included there~u~er be made subject to special use permit (Article 11-13-1). Motion carried by the following recorded vote: AYES: Messrs. Carwiley Fisher~ Henley, Thacker, Wheeler and Wood. NAYS: None. Upon recommendation of the County Executive, motion was offered by Mr. Carwile~ seconded by Mr. Thacker, ordering the Clerk to advertise for a public hearing on November 16, 1972, at 10:00 A.M.~ an amendment to Section 1~-~ of the C. ognty Code to. allow for the consumption of beer on land or waters owned by the county and set aside for recreation. Motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henleyy Thacker, Wheeler and Wood. NAYS: None. 29.8 10-11-72 Mr. Batchelor stated that the Board had instructed Cole Hendrix and .himSelf to seek architects for restoration of the' interior and exterior of the Levy Opera House. They had interviewed and would recommend the firm of Laramore and Lambert. They were informed by Laramore & Lambert that they would perform the preliminary work (or feasibiliby study) for a maximum of $7,000 and the remainder of the work for 6.¢% of cost. Motion was offered by Mr. Thacker, ~econded by Mr. Wood to authorize the Chairman to execute a contract with Laramore and Lambert for the initial portion of $7,000 (County's share to be ¢0% of this fi¢~re) and to adopt the following resolution: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that $3,~00 be and is hereby appropriated for the Countyts share of initial architectual drawings for the restoration of the Levy Opera House. The foregoing motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Wood again brought to the attention of the Board, Highway Safety Commission memberships which had expired on December 31, 1970j Motion was offered by Mr. Carwile, seconded by Mro Henley to re-appoint Mrs. Maxine C. Burton and Mr. M. F. Ritter as members of the Highway Safety Commission~ these appointments to be for a four-year term beginning January 1, 1972. Motion carried by the following recorded vote: AYES: Messrs. Carwile, Fishery Henley, Thacker~ Wheeler and Wood. NAYS: None. Upon proper motion, the meeting was adjourned. Chairman