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1970-04-16217 A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held at the 0~fice Building of said County on the 16th day of April, 1970~. Present: Nessrs. E. N. Garnett, Donald Carroll, Gordon L. Wheeler, and Lloyd F. Wood, Jr. Absent: ~essrs. Joseph E. Gibson and l~. A. Yancey. Officers present: County Executive and County Attorney. The meeting opened with the Lord's Prayer led by Nr. Garnett. On motion by Nr. Wheeler, seconded by Nr. Carroll, minutes of the meet- ings of ~arch 19 and ~arch 26, 1970, were unanimously approved as submitted. Plat was received from Nr. Shannon Shirley of Virginia Land Company with letter requesting resolution for the dedication of Parcel A of Lot 18, Block A and the abandonment of the d~dication of Parcel B, Lot 3, Block B, of Carrs- brook Subdivision. After considerable discussion with Nr. Shirley, the resi- dent highway engineer, and the County Attorney, the following resolution was offered by Nr. Wheeler, seconded by Nr. Carroll, and unanimously adopted: HE IT BESOLVED that the Board of County Supervisors of Albemarle County, Virginia, hereby approves the vacation of that portion of plat of Section C,' Carrsbrook Subdivision, showing Lot 14, Block A and Lot 3, Block B, on Powhatan Circle which is recorded in the Clerk's Office of the Circuit Court of this County in Deed Book 284, page 27, and also subsequent plat of this same portion showing Lot 18, Block A, amd Lot 3, Block B which is recorded in Deed Book 387, page 469; and this Board also simultaneously approves the plat prepared by Huffman- Foster and Associates dated Narch 24, 1970, which shows a relocation of said Powhatan Circle with the dedication of a portion of Lot 18, Block A, Section C, and~ a portion taken from Powhatan Circle and added to Lot 3, Block B, Section C, of said Subdivision in lieu of the portion of plats so vacated. Communication was received from the Virginia Department of Highways ad- vising that as requested in resolution of this Board dated June 19, 1969, the following addition to the Secondary System was approved, effective ~arch 20, 1970: Beginning on I~oute 240 ( Crozet), 0.1 5 mile north of Route 691 and extending eastwardly 0.053 mile to dead end. Action was again deferred on request of Orchard Acres, Inc. for accep- tance into the Secondary System of streets in Section 2 of said subdivision due to the fact that plans have still not been received by the l~esident High- way Engineer. Mr. Richard F. Pietsch appeared with regard to traffic still being-held up by Eorton's railway crossing on Route 240. It was pointed out that the original agreement for this crossing allowed for use a~ hours not normally during heavy traffic hours. Mr. Warner, Resident Engineer, advised _that he had been in contact with the Railroad Company regarding this matter and if a solution is not worked out within the next ten days, he will pursue the matter further. Mr. ~heeler inquired about l~oute 660 ~and was advised by N~~. Warner that survey is just about complete. In answer to inquiry regarding Route 640, Mr. Batchelor advised that he had been in contact with A. T. and T. by telephone and understands that funds have been provided for rights-of-way and as soo~ as they come in to his office, he will get with the Highway Department. Mr. Carroll asked about the Howardsville Bridge and was advised that the first concrete was poured on yesterday and the completion date has been set for December. Mr. Julian Thomas of the Forestry Service appeared with regard to dead- end created by Dy-pass which cut through property owned by the Virginia Commis- sion for the Blind which serves also as an entrance to the Forestry Service. He advised that the entrance is a traffic hazard and the dead-end also creates much litter from beer drinking, etc.. Mr. Warner agreed that barricade would be relocated to relieve these situations. Mr. Richard Pietsch also inquired about proposed recreation plans for Mint Spring Park in Crozet. The County Executive advised that applications have been submitted for State funds and he hopaVto meet later with people in the area who will be effected by the location of the recreation facilities. Mr. Pietsch advised that citizens there were concerned about the road and also adequate police protection. Statements of Expenses of the Department of Finance, the Sheriff's Office and the Office of ~e Commonwealth's Attorney were submitted for the month of March, 1970. On motion by Mr. Wood, seconded by Mr. Carroll, these statements were unanimously approved. Statement of expenses incurred in the maintenance of the County Jail was submitted along v~ith summary statement of prisoner days for the month of March, 1970. On motion by Mr~ Wheeler, seconded by Mr. Wood, these statements were unanimously approved. Claim was received from the Jail Physician in the amount of $21.00, two- thirds of which is reimbursable by the State, and on motion by Mrf. 'Wood, seconded by Mr. Wheeler, was approved for payment. 21.9 t{eports of the Department of Public Welfare were submitted for the month of ~arch, 1970, in accordance with Sections 65-67.1 and 63-67.2 of the Code of Virginia. S.L.H. report for the month of Narch, 1970, was received as information from Dr. George ~oore, Joint Health Director. Claim of the University of Virginia Hoz~ital in the amount of $1,087.24 was submitted for hospitalization of indigent patients under ELH for the month of Narch, 1970, and on motion by Mr. Carroll, seconded by Nr. Wood, was unani- mously approved for payment. Mr. Garnett reported on meeting of the charter committee and reviewed proposed Charter Agreement of the Thomas Jefferson Planning District Commis- sion, copies of which were su!mitted to the Board prior to this meeting. In discussion of the proposed charter, the County Attorney recommended that the Board explore the possibility of weigh voting based on population if there is to be equal representation from the participating governmental units. Mr. Wheeler expressed concern of other localities blocking progress in Albemarle County if such a plan is not incorporated in the agreement. After consider- able discussion, motion was offered by Mr. Wheeler, seconded by Mr. Carroll, ~ and unanimously carried; it was ordered that Mr. Garnett and the County Attorney work together in resolving this matter before another meeting of the charter committee in sufficient time, if possible, to approve said charter before ~y l~, 1970, in order that State funds might be obtained for the Planning District. At 9:50 A.N. the Chairman called for public hearing on proposed amen~ent to the Airport Commission as advertised in the Daily Progress on April 1 and April 8, 1970. No one from the public appeared regarding this matter. The County Executive pointed out that the Board had previously reviewed the pro- posed amendments. On motion by Mr. Wood, seconded by Mr. Wheeler, the follow- ing was unanimously adopted: AN OI~DINANCE TO ~ AND 1LE-ENACT SECTIONS 2-26 AND 2-28 AND TO REPEAL SEC- TION 2-31 OF TEE CODE OF TEE COUNTY OF AI2tEMAR~.F. RELATING TO THE AIRPORT COMMISSION: "BE iT ORDAINED by the Board of County Supervisors of Albemarle County that Sections 2-26 and 2-28 of the Code of the County of Albemarle be amended and re-enacted as follows: Section 2-26 Officers,. Einutes As soon a~ter their appointment as possible, the members of the airport commission shall convene and elect a chairman from their group for a term of one year, who shall be a member other than the city manager or county 220 executive, and they shall likewise elect a secretary for a term of one year, who may be a member o.f the group and who in addition to performance of such other duties as he may be assigned shall keep proper minutes of the meetings of the co,remission. The treasurer shall be the county executive in his capacity as director of finance. Section 2-28 Powers and Duties Generally The airport commission shall be an advisory body having the duty of keeping the two governing bodies advised of the current status of the Char- lottesville-Albemarle Airport insofar as its capacity to adequately meet the needs of the community and to make recommendations relative to its future expansion. With respect to every present and future lease or contract which is duly executed and in effect and which is related to operation of the airport propertieS, the commission shall have the duty of reviewing such instrument as often as may be necessary in order to keep the governing bodies fully in- formed of whether the commission is of the opinion that all the terms of the lease or contract are being met properly an~ completely. It shall also be the responsibility of this commission, prior to execution by the governing bodies of any proposed lease or contract for the operation of air~ort properties, or agreements for improvements or expansion of the airport, to review the instrument proposed and, following such review, to-make recom- mendations to the governing bodies related to the proposed lease, contract or --agreement which the commission deems appropriate. BE IT F~RT~ ORDAINED that Section 2-31 of the Code of the County of Albemarle be and is hereby repealed." At 10:00 A.~. the Chairman called for public hearing on Zoning Requests as advertised in the Daily Progress on Earch 27, April 3 and April 10, 1970: (1) E~P-104 - Application of William C. Porter to rezone 9.6 acres located on Hydraulic Road (Route 743) just north of Albemarle High School from 1~-2 Residential to 1~-3 Residential for apartments. Nr. Porter appeared in support of this application; no one appeared in opposi- tion. Nr. Humphrey advised that the subject request was deferred at the first meeting of the Planning Commission in Earch but after a study was completed, it was resubmitted in April and ~e Commission recommended approval as requested. On motion by Nr. ~ood, seconded by Nr. Wheeler, unanimously carried, the recommendation of the Planning Commission was accepted. (2) Z~P-109 - Application of E. Gerald Tremblay to rezone 8.0 acres located on l~oute 660 across from Panorama Corporation from A-1 Agricultural to ~-1 Industrial. No one appeared regarding this application. Nr. Humphrey advised that it would 221 appear to be a logical extension of the ~-1 zone since E-1 zoning is located directly across the road from the property. He state& that the ~mount of N-1 zoning should be terminated in this area as soon as a symmetric delineation can be accomplished. Nr. Humphrey reported that the Planning 0ommission recommended approval of this application. On motion by 'Wheeler, seconded by I~r. Wood, unanimously carried, the recommendation of the Planning Commission was accepted. (3) E~P-11~ - Application of Charlottesville Towne Houses, Inc. to rezone 2 acres located in Nestfield Subdivision off of Route 29 North from Residential to R-~ Residential. No one appeared regarding this application. Nr. Humphrey advised that the staff would suggest approval of the application to correct an apparent over- sight by misleading tax maps. He reported~i~h~rther that the Planning Commis- sion recommended approval of this application. On motion by Nr. WOod, seconded by Nr. Wheeler, unanimously carried, the recommendation of the Planning Commission was accepted. (4) Z~P-111 - Application of F. l~. Andrews to rezone 2.34 acres located on Orchard Acres Drive at the Jarman Gap l~oad intersection in Crozet from A-1 Agricultural to R-2 Residential. No one appeared regarding this application. Nr. Humphrey stated that in view of the development to the north and south, it would appear that the 1~-1 zone on the property would be a logi'cal extension of that zone. However, he noted growing concern with the need for sanitary sewer facilities in the area of Crozet on the part of the State Health Department and County officials. He reported that the Planning Commission recommended that the subject property be rezoned to R-1 Residential after ~r. Andrews amended his request to elimi- nate opposition. On motion by Nr. Wood, seconded by ~r. Wheeler, and unani- mously carried, the recommendation of the Planning Commission was accepted. (5) ZNP-114 - Application of David ~i Goldberg and nine other property owners to rezone lots owned by them and located in the area of Route 250 East, l~oute 616, and Route 7~9 in the Boyd Tavern Area from A-1 Agricultural to l~S-1 Residential. Nr. Humphrey reported that the staff felt this area should be studied under the Comprehensive Plan; however, the Planning Commission recommended appro- val of l~S-1 as requested. Er. Goldberg and most of the other landowners involved appeared. In discussion, it was brought out that the land covered by the application surrounds a tract on which it is anticipated a trailer court will be l~ocated and the property owners are seeking some protection against such use. Nr. Wheeler stated that he does not think the middle tract should be left as a different zone classification and he also pointed out that the landowners are not getting the protection they seek by requesting rezoning of their property. After much discussion, two motions were adopted. Eotion was offered by Nr. 'Wheeler, seconded by Nr. Wood, and unanimously carried, ac- cepting the recommendation of the Planning Commission. Secondly, the following resolution was offered by Nr. Wheeler, seconded by Nr. Carroll, and unanimously adopted: BE IT EESOLVED that the Board of County Supervisors of Albe- marle County, Virginia, intends to amend the Albemarle County Zoning Ordinance to rezone Parcel 27, Tap Nap 94, from A-1 Agri- cultural to RS-1 ~esidential, and ~arther requests the Planning Commission to hold public hearing on said proposal to amend the County's Zoning Ordinance and report back to this Board at the earliest date possible. (~') ~P-115 - Application of Eargaret Garms to rezone 2,94 acres located off of t~oute 1204 in Orozet from A-1 Agricultural to ES-1 l~esidential. Nr. Humphrey advised that the staff feels this would be a logical extension of the l~S-1 zone in the Crozet community and that the Planning Commission recommended approval of the application. No one from the public appeared. On motion byNr. Wood, seconded by Nr. Wheeler, and unanimously carried, the recommendation of the Planning Commission was accepted. The County Executive submitted Bight-of-Way Agreement received from VEPC0 in connection with move of tank farm at the airport and recommended approval and execution. Said agreement was reviewed and approved also by the County Attorney. The. following resolution was offered by Nr. 'Wheeler, seconded by Carroll, and unanimously adopted: BE IT BESOLVED that the Ohairm~_n and Clerk of the Board of 0ounty Supervisors of Albemarle County be and they are hereby authorized to execute a certain agreement of easement to bear date as of April 6, 1970, conveying to the Virginia Electric and Power Company, a corporation organized and existing under the laws of the State of Virginia, as sho~ by plat bearing No. CH- 28-70, e~dmibited to the Board of County Supervisors of Albemarle County, same to be signed by the Chairman on behalf of the Board of County Supervisors of Albemarle Co~0nty and attested and seal affixed by the Clerk. The County Executive advised that committee appointed at the last meeting of the Board had agreed to exercise option for the Eddins property for a por- tion of the site for the Vocational-Technical School and an appropriation of the County's half-share of the purchase price of $37,000.00 would be necessary. On motion by Nr. Wood, seconded by Nr. Wheeler, rules with regard to second reading were suspended and the following resolution unanimously adopted: 223 ~E IT BESOLVED by the Board of County Supervisors of Albe- marle County, Virginia, that $18,~00.00 be and the same is hereby appropriated as the County's share of p~chase price of approximately 6.38 acres i~om George T. Eddins, said property being a portion of site for the Vocational-Technical School. The County Executive advised that an appropriation of $20,000.00 would also be necessary for completion of the driver training course recommended by the Highway Safety Commission and approved by this Board. On motion by Nr. Wood, seconded by Nr. '~heeler, rules with regard to second reading were suspended and the following resolution unanimonsly adopted: BE IT BESOLVED by the Board of County Supervisors of Albe- marle County, Virginia, that $20,000.00 be and the same is hereby appropriated for construction of a driver training course to be located on property at Albemarle High School. ~ommunication was received from the ~onticello NationaZ Bank requesting substitutions of securities held in escrow. The following resolution was offered by Nr. Carroll, seconded by Er. Wood, and unanimously adopted: WEEREAS, Nonticello National Bank, Charlottesville, Virginia, Depository, has requested the substitution of certain securities held by United Virginia Bank/State Planters, Escrow Agent, in accordance with Escrow Agreements between said banks, T. ~. Batchelor, Jr., Director of Finance of Albemarle County, and the Board of Supervisors of Albemarle County; NO~, THEREFOBE, BE IT BESOLVED by the Board of County Super- visors of Albemarle County, Virginia, that Nonticello National Bank be and is hereby authorized to pledge the following: $200,000.00 U. S. Treasury Bills of October 8, 1970 AND, upon the pledge and delivery of the foregoing, the United Virginia Bank/State Planters is hereby authorized to release the following: $200,000.00 U. S. Treasury Bills of April 30,1970. BE IT F~THE~ RESOLVED that copy of this resolution be for- warded to ~onticello National Bank and to United Virginia Bank// State Planters. Communication was again submitted from Er. David J. Wood, Jr., Attorney, requesting that the Estate of 01lie Brown Kearney, consisting of 3.3 acres located near Stony Point (62-83A on the County Land ~ap) be sold for 1969 delinquent tax. He exp~ned that Ollie Brown Kearney left a great number of heirs, many of whom are infants, and the simplest way to administer her estate would be to have the real estate sold for delinquent taxes and the proceeds, after the payment of taxes, turned over to the administrator of the estate for distribution to her heirs. Nr. ~a~shall, Cou~ Attorney, advised that he had checked on the legality of this procedure and recommended that the Board authorize the sale as requested. On motion of Nr. Wheeler, seconded by Nr. ~Tood, unanimously carried, the recommendation of the County Attorney was accepted and .it was ordered that Nr. George Gilmer, Attorney, be re- quested to proceed with this sale. Claim against the Dog Tax Fund was received i~rom B. H. Jackman for eleven hens killed by dogs. On motion by Nr. Wheeler, seconded by ~. Wood, N~. Jackman was allowed $1.00 for each of these hens. Claim against the Dog Tax Fund was received from Er. James E. Crenshaw for four sheep killed by dogs. On motion by Wood, seconded by Nr. ~neeler, Nr. grenshaw was allowed $10.00 for each of~ese sheep. Eeport on audit of accounts of the Albemarle County Court and Domestic Relations and Juvenile Court for the years ended June 30, 1968 and June 30, 1969, was received from the Auditor of Public Accounts. S.P.C.A. report for the month of ~arch, 1970, was received and on motion of Nr. Wood, seconded by Nr. Carroll, was approved. The County Executive submitted application for funds in connection with removal of debris from the August 19-~0, 1969, flood along with resolution re- quired for submission with said application. On motion by Nr. Wheeler, seconded by ~r. 'Wood, the resolution, as follows, was unanimously adopted: WHEREAS, on the 23rd day of August, 1969, the President declared a "major disaster" in the State of Virginia under the provisions of Public Law 79, 91st Congress, as amended; and WHEREAS, Albemarle County is a public entity vdthin said State; NOW, TFEREFOBE, HE IT RESOLVED, by the Board of County S~per- visors of Albemarle County, Virginia, that the Office of Emergency Prepare~ess be and hereby is requested to arrange to have the appro- priate Federal Agency perform .the following emergency work essential to the health, safety and welfare of the people and property of this Dublic entity: See copies of Form 164 attached hereto. This body certifies that, to the best of its knowledge a~d belief, the requested work is eligible under Public Law 79, 91 st Congress, as amended, and agrees to (a) provide without cost to the United States all lands, easements, ~a~.d rig~ht.s-of-way necessary for accom- plishment of the approved work, and (b) hold and save the United States Free from damages due to the apsroved work. 2'25 On motion by Nr. Wheeler, seconded by Nr. Carroll, unanimously carried, public hearing scheduled for 1:30 P.E. on requested abandonment of a section of the 01d Lynchburg Road was carried over until 1:30 P.~. on ~ay 21, 1970, in accordance with request received from Nr. Bernard Chamberlain, attorney for Nrs. Annie Woodson. At 2:00 P.E. the Chairman called For public hearing on Zoning Requests as advertised in the Daily Progress on ~arch 27, April 3 and April 10, 1970: (1) Z~P-116 - Application of Newton J. Wood to rezone 7.5 acres located on Route 29 North just north of the Route 649 intersection from A-1 Agri- cultural to B-1 Business. (Note: Nr. Lloyd Wood did not participate in the discussion or vote on this application. Nr. Yancey was present for this portion of the meeting only in order that a quorum could be present to vote on said applica- tion. ) Nr. Wood appeared in support of his application; no one appeared in opposi- tion. ~r. Humphrey gave extensive report from the staff, listing numerous reasons why this petition should be denied and p~oi~ing out the disadvantages of strip development. He further advised that the Planning Commission recom- mended denial of the application by a 4 to 3 vote. In discussion which followed it was brought out that Freeman operates a used car lot at this site. Nr. ~ood stated that business has been located here for four years. After considerable deliberation, motion was offered by Er. Wheeler, seconded by Carroll, and unanimously carried, approving the application as submitted. (2) CU-127 - Application of Boar's Head Sport's Club for Conditional Use Permit to locate a Country Club and related facilities on land owned by said Club and adjacent land owned by the University of Virginia, zoned R-1 Residential and A-1 Agricultural respectively. Located off of Route 2~0 West at the Boar's Hea~ Inn. Er. John Rogan and an associate appeared in support of this application; no one appeared in opposition. Nr. Humphrey reported that the staff and Planning Commission recommended approval subject to a snow fence being placed and ex- tending two-thirds dists~uce between Birdwood property and Berwick Drive, beginning iTom the common lot line of Birdwood and Boar's Head Sport's ~Club. It was pointed out that the purpose of this fence is to catch debris during construction. On motion by Nr. Wheeler, seconded by Nr. Carroll and unani- mously carried, the recommendation of the Planning Co~m~ission was accepted. (3) EP-34 - ApPlication of Paul F. Freeman For ~ecial.~P~e~mit to locate a mobile hOme on ~ .0 acre located on Route 630 in Scottsville District. Nr. Freeman was present. No one appeared in opposition. Nr. Humphrey advised that the staff and Planning Commission recommended approval subject ~o 30 foot setback from Route 630 and Health Department approval for septic field. On motion by Er. Wheeler, seconded by Er. Wood, and unanimously carried, the reco~mnendation of the Planning Commission was accepted. 226 i (4) EP-3~ - Application of Bruce F. I~wery to locate a mobile home on property containing 10.0 acres located on Route ?39 in Scottsville District. No one ITom the public appeared concerning this application. Er. Humphrey ad- vised that the staff and Planning Commission recommended approval subject to ~0 foot setback from Route 729 and Health Department approval for septic field. On motion by Nr. Carroll, seconded by Nr. Wheeler and unanimously carried, the recommendation of the Planning Commission was accepted. (5) BP-36 - A~pplication of Roses Bryant for Special Permit to locate a mobile home on b.0 acres located on l~oute 631, south of Charlottesville, in the Charlottesville District. No one appeared regarding this application. ~r. Humphrey reported that the staff and Planning Commission recommended approval subject to a 30 foot setback from Route 631 and Health Department approval for a septic field and noted that the staff recommended a septic field in this area rather than other means of septic facilities. On motion by Nr. Wheeler, seconded by Er. Wood and unani- mously carried, the recommendation of the Planning Commission was accepted. (6) ~P-37 - Application of Eoore, Kelly and Reddish, Inc. for S]pecial Permit to locate two business office trailers on .?0 acre located on Route 20 North near Bell's Store in the Rivanna District. A representative of the subject corporation appeared in support of the applica- tion. No one appeared in opposition. Er. Humphrey reported that the Planning Commission recommended approval subject to a 30 foot setback from Route 20, Health Department approval for sanitary facilities, and removal of office buildings at end of contract for construction on t~oute 20. On motion by Wheeler, seconded by Er. Wood and unanimously carried, the recommendation of the Planning Commission was accepted with the stipulation that this is a temporary permit and office trailers must be removed when present road contract i s completed. (7) ~P-38 - Application of Henry Hudson for ~Special Permit to locate a mobile home on 5.0 acres located on Route 620, 600 feet east of Route 79~ in Scottsville District. Nfs. Hudson was present; no one appeared in opposition. Er. Humphrey advised that the Planning Commission recommended approval subject to a ~0 foot setback from Route 620, Health Department approval for septic field, and existing trees to remain. On motion by Er. Carroll, seconded by Nr. Wood, and unanimously carried, the recommendation of the Planning Commission was accepted. (8) ~P-39 ? Application of Robert J. Kendrick for S~ecial Permit to locate a temporary mobile home on 29.39 acres located on Route 684 just south of Interstate 64 interchange v~th 2~0 West in Samuel Niller District. No one appeared regarding this application. ~r. Humphrey reported that the Planning Commission recommended approval subje~ct to a 30 foot setback from Route 684 and Health Department approval for sanitary facilities. On motion by Nr. Wheeler, seconded by Nr. Carroll, unanimously carried, the recommenda- tion of the Planning Commission was accepted. 22'7 Claims against the County amounting to $964,868.05 were presented, examined and allowed, and certified to the Director of Finance for payment and charged against the following funds: General ttevenue Fund General Operating Fund School Operating Fund Capital Outlay ~k~nd Cafeterias Textbook Fund Virginia Public Assistance Fund Dog Tax Fund County Water Systems Town of Scottsville 1% Local Sales Tax Commonwealth of Va. Current Credit Acct. Total $103,702. 545,431.77 7~,029.04- ,524.82 161.48 42,194.99 1,004.~97 2,035.16 i:82, · 94- $964,868.05 On motion, the maeting was adjourned. v ~ C ,haYirman ~' ~-.,...,.