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1968-10-17393 A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held at the Office Building of said County on the 17th day of October, 1968. Present: ~essrs. E. N. Garnett, Joseph E. Gibson, Peter T. Way, Gordon L. Wheeler, Lloyd F. WoOd, Jr. and R. A. Yancey. Absent: None. Officers present: County Executive and. County Attorney~ The meeting opened with the Lord's Prayer led by Nr. Garnett. On motion of Nr. Wheeler, seconded by Nr. Way, ~i~utes of the meeting of September 19, 1968, were approved as sulm~itted. Nr. Yancey stated that a number of citizens in the area of the Yancey Nill intersection have expressed concern that nothing is being done here. Nr. Warner advised that he had not anticipated this project taking so long and~ that he had just contacted Nr. Hope, District Engineer, regarding the matter. Nr. Warner also advised that there is some work to be done on Route 684. The County Executive advised that copies of the 1968-69 Secondary Road Budget were mailed to the Board prior to the September meeting._ How- ever, action was not taken at the September meeting through oversight. The following resolution was offered by Nr. Wood, seconded by Nr. Way, and unanimously adopted: BE IT BESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the final Secondary System Budget for the fiscal year ending June 30, 1969, as sub- mitted by Nr. R. G. Warner, Resident Engineer, be and the same is hereby approved as follows: Ordinary Naintenance ........ $ 437~780.00 Naint enance Replacement s ...... 72,204.00 Incidental COnstruction ...... 136,607.28 State Fund's Project Construction . . 336,057.72 Total ................ $ 982,649.00 Communication was received from Nr. Richard F. Pietsch regarding traffic delay caused by the grade crossing at Norton Frozen Foods. It was ordered that Nr. Pietsch's communication be referred to the Highway Department. Statements of Expenses of the Department of Finance, the Sheriff's Office and the Office of the Commonwealth' s Attorney were submitted for the month of September, 1968. On motion of Nr. Yancey, seconded by Nr. Wheeler, these statements were unanimously approved. Statement of expenses incurred in the maintenance of the County Jail was submitted for the month of September, 1968,~ along with summary state- ment of prisoner days. On motion of Nr. Wood, seconded by Nr. Yaucey, and unanimously carried, these statements were approved. Reports of the Department of Public Welfare were submitted for the month of September, 1968, in accordance with Sections 6~-67.1 and 63-67.2 of th~ Code of Virginia. Claim of the University of Virginia Hospital in the amount of $1,563.20 was presented for hospitalization of indiigent patients under SLH for the month of September, 1968, and on motion of Nr. V~ood, seconded by Nr. Yancey, was unanimously approved for payment. S.L.H. report' was received from Dr. S. D. Sturkie for the month of September, 1968, and was ordered filed. Report of the County Executive was submitted for the month of Septem- ber, 1968, and was ordered filed. The Joint Airport Committee appointed to recommend replacement for Nr. Gerald Tremblay whose term has expired on the Airport Commission made report on meeting held October 9th. The committee recommended that the Airport Commission Ordinance be amended to increase the size of the Air- port Commission from five to seven members. The Board was advised that three persons had been selected for appointment to the Commission if the suggested amendment is approved. It was the feeling of this Board that the expiration of Airport Commission terms should be uniform Md it was suggesSed that the County and City Attorneys work together in preparing au amendment to the Ordinance which would increase the size of the Commission to seven members with all terms expiring December of the year of termina- tion. On motion of Er. Wheeler, seconded by Nr. Wood, and unanimously approved, 9:30 a.m. on November 21, 1968, was set as the time for public hearing on this proposed amendment and the Clerk was directed to publish proper notice of said hearing. At 9:30 a.m. the Chairman called for public hearing on Ordinance Establishing the Albemarle County Highway Commission as advertised in the Daily Progress on October 4 and October 11, 1968. No one from the publi~ appeared in this regard. On motion by Nr. Yancey, seconded by Nr. Wood, the ordinance as submitted at the regular September meeting was unanimously adopted as follows: AN ORDINANCE ESTABLISHING TEE AI~~ COUNTY HIGHWAY SAFETY CONNISEION AND PRESCRIBING THE ~~SHIP AND DUTIES THEREOF. Be It Ordained by the Board of County Supervisors of Albemarle Co~uty, Virginia, as follows: (1) The Albemarle County Highway Safety Commission is hereby established pursuant to the provisions of Section 2.1- 64.19 of the Code of Virginia as amended. (2) Said Commission shall consist of five members to be appointed by this Board, who shall be residents of Albemarle ~ County, at least one of whom shall be a member of this Board. (~) The original members appointed as aforesaid shall qualify and take office no later than the l~th of the month next following final adoption of this ordinance. As soon as practicable after qualification of the originat members, said Commission shall hold an organizational meeting at which one member shall be elected Chairman, one Vice Chairman and one Secretary of the Commi ssion. At that meeting, the members shall draw lots to determine which two of their number shall serve for a term ending December ~1, 1970, and the remaining three members shall serve for a termoending December ~1, 1972. Upon expiration of the original members' terms, they Will be reappointed or replaced by this Board fOr terms of four years. (4) Said Commission shall meet as often as desirable but not less than four times in each year, and it i~z hereby charged with the responsibility for recommending to this Board plans for a highway safety program for Albemarle County to be submitted to the Governor of Virginia pursuant to Sections 2.1-64.19 and 2.1-6~.21 of the Code of Virginia as amended, and thereafter, said Commission is Ik~rther charged with the reSPonsibility for per&odic reviews of the operation and effect of such program. . (~) Said Commission shall also have the responsibility for such duties as are now-or hereafter may be delegated to it by the laws enacted by the General Assembly of Virginia or by ordinances of this Board. CommUnication was received from the Industrial Commission regarding suggested renaming to Charlottesville-Albemarle Economic Developn~ent Commission and the possible establishmen$ Of an Industrial Developw~.nt Authority. On motion of Mr. Wheeler, seconded by Mr. Wood, this matter was taken under advisement until the regular November meeting for dis- cussion with the City prior to that time. A number of citizens appeared urging the adoption of a Food Stamp Program for Albemarle County. Those who presented prepared statements were Mrs. Bessie Guy, Mrs. Clara Brown, Mrs. Helen J. Wright, and ~iss Jane Vaught. Letters were received from the Ivy Neighborhood Association and Niss Elizabeth Andrews, County Extension Agent. Mrs. Virginia S. Marks, Superintendent of Public Welfare, advised that she planned to take this matter up with the Welfare Board at its next meeting and a recommen- dation would be made to this Board in November. At 10:00 am the Chairman called for public hearing on zoning re- quests in accordance with notices published in the Daily Progress on September 27, October ~ and October 11, 1968. (1) Application of William N. Woodzell and Victoria H. Burton to rezone Deerwood Subdivision from Agricultural A-1 to l~esidential ~-1 for construction of single family homes. (Def.ezTed from prior meeting.): Nr. Humphrey advised that the Planning Commission approved this re- quest by a 5-4 vote; however, F.A.A. had advised, by letter that zoning would not be compatible in the airport .area. The County Executive pointed out that the Planning Commission is recorded originally as be- lieving this was not a place for a suhiivision~ Nr. 0rbin Carter, Attorney for the applicants, made note of persons appearing and letters received at previous meetings in favor of the expansion of the subdivision. $otion was offered by Nr. Yancey, seconded by Nr. Wood, to accept the Planning Commission recommendation. In discussion of this motion, Gibson stated that ~ was unalterably opposed~. He said that it does not make sense for the Co~unty and City to go that far from high density residency to locate an airport~a~d then give approval to this request. Nr. Wood stated that he agreed with future growth of the airport and the County's obligation for such continuation but this situation was started some time ago under laws in effect at the time. Nr. Wheeler stated that he would support the motion if it were changed to include only the first two sections of the plat before the Board. Nr. Wheeler offered substitute motion, seconded by Nr. Yancey, to approve rezoning from A-1 to R-1 Section I and Blocks 1, 2, 3, 4, 5-and 7 of Section II of Deerwood Subdivision as shown on plat, ~ of O. R. Randolph, Engineer, dated July 24, 1968. In dis- cussing the substitute motion, Nr. Garnett stated that he.would have to vote against it because of the County' s involvment with F.A.A. The sub- stitute ~motion carried by the following recorded vote: AYES: Nessrs. Way, Wheeler, Wood and Yancey. NAIVES: Nessrs. Garnett and Gibson. (2) Application of Charles Hurt to rezone 50 acres from Agricultural A-1 to Nanufacturing ~-2 for the purpose of operating a quarry and re- lated facilities on a part of the "Kegley Farm" located just off of Route 29 South on Route 745. No one appeared in support of this application. ApI~roximately twenty residents of the area appeared with their attorney, ~r. Forbes Reback, in opposition. Nr. Humphrey reported that the staff recommended denial of the request and the Plauning Commission was ~uanimous in recommending denial. On motion of Nr. Way, seconded by Nr, Wheeler, and unanimously approved, the recommendation of the Planning Commission was accepted. (3) Application of Nathaniel Breeden to rezone 2 acres from Agricultural A'I to l~esidential R-1 to accomodate a second dwelling located 'on Route 708, Assessment Nap 114, -Parcel 48A. Nr. Humphrey advised that the staff~ considered this to be spot zoning and that the Planning Commission in a 7-3 vote recommended denial. Nr. Wood described the location and stated that a second dwelling would not be 397 incompatible with the surrounding property. After consideration of the facts before the~ Board, motion was offered by ~r. Way, seconded by Mr. Wood, and unanimously approved, to grant the request, the second dwelling to be constructed, however, on rOad frontage rather than on the back of the land as originally proposed. (5) Application of Eloise A. Yancey to rezone 22.8 acres from Business B-1 and Residential R-3 to Business B-1 and Agricultural A'-I to accommodate commercial activity and a mobile home park, located immediately west of Brownsville School on Route 2~0. Also, appli- · cation for conditional use permit to locate a mobile home park on part of the 22.8 acres. ~f~..fF~ c~ ~_~ Mr. J. P. Yancey, co-owner, appeared as did a Mr. Nichols, his em- ployee, Mr. Thomas Blue, surveyor, and Mr. Forbes Reback, Attorney. Mr. Humphrey advised that the staff recommended approval, and the Planning Commission concurred in this recommendation, the conditional use permit being approved with certain conditions. The discussion w~ich followed broug~ht out the fact that the Yanceys had participated in the cost of certain utilities for the school with the understanding that a trailer park would be located on land across from the school. Mr. R. A. Yancey stated that there was considerable opposition to the proposed new location and asked Mr. J. P. Yancey if he wou&d consider the original proposal. Mr. Yancey said his plans were changed because of a feasibility study, but rather than cause any friction with neighbors in the area, he would be glad to go back to the original location for the mobile home park. Nr.. Yancey then withdrew his application for A-1 zoning and conditional use permit without prejudice. On motion of Mr. R. A. Yancey, seconded by Mr. Wheeler, unanimously approved, the Board granted request for extension of Business B-1 for 200 feet to accomodate commercial activity on the stated 22.8 acres. (5) Application of Frances F. Guy to rezone 8.~ acres from Agricultural A-1 to Business B-1 to accommodate a service s~ation to be located at the intersection of Route 616 and Interstate 65. Mrs. Guy appeared withZher attorney, Nr. Gerald Tremblay, in support of the application. No one appeared in opposition. The Board was ad- vised by Nrl Humphrey that this request was given approval by the staff and the Planning Commission. On motion of Er. Wood, seconded by Er. Wheeler, unanimously carried, Ers. Guy's application Jwas approved. (6) Application of R.0.B. Corporation for conditional use permit to allow three-family~ dwellings in a Residential R-2 zone involving five structures to be located on Route 6~7 0.7 miles from Albemarle High School. Mrs. Burton appeared in suppOrt of her.' application. Er. Humphrey advised that the Planning Co,ma ssion approved the application subject to 98 the following Conditions: 1. That the 1 ~ foot easement following the south property line of the site be expanded ~o 25 feet and that a paved road be pro- vided within that 2~ foot easement to the extent of 20 feet.~ 2. That a paved road for a width of 20 feet be provided on the internal driveway on which the existing structure fronts. 3. That a 6 foot high wood fence be constructed on the north property line for a distance of 361 feet. Said wood fence would be of a type to completely screen from view the develop- ment of the R.0.B. Corporation for a height of six feet. ~. That a sufficient planting o.f trees and/or shrubs be provided on the south proper~ty line paralleling the existing 1 5 foot easement to the satisfaction of the Zoning Administrator and extending east from the intersection of said easement from Lamb's Road to the existing white board fence surrounding the two-story brick structure on the site. ~. That the application for five~ three-family dwellings apply to existing two three-family dwellings and the two units presently under construction and one additional unit to be constructed at a later date. ~ 6. No more than 2~ f~mi-ly units to be provided on the site. On motion of Nr. ~Wheeler, seconded byNr. Gibson, and unanimously carried, approval was~given~by this Board to the R..0.B. application subject to the conditions set forth by the Planning Commission. (7) _~pplication of Stanley Bishop for conditional use permit to locate mobile home on 1.6~ acres situated on Route 79~ approximately one and one-half~ miles south of Route 620, Mr. Humphrey advised that this application had been withdrawn and no action would be required by this Board. (8) App'lication of Roy E. Chapman to locate mobile home on ~.0~ acres on Route 6~1. Mr. Humphrey advised that Mr. Chapman's application indicated Route 6~0 and the advertisement designated this Route. The County Attorney ruled that because of improper ~advertisement action could not be taken on this request today. Nr. Chapman was present and was advised that his ap- plication would be re-advertised for action at the next regular meetings of the Planning Commission and Board of Supervisors. (9) Application of Mrs. Eugene Garrison for conditional use permit to locate mobile home on approximately four acres at Lindsay, Virginia. ~. Humphrey advised that the Planning commission approved granting this permit subject to screening being' provided according to State Forestry recommendations. No one from the public appeared in this regard. On motion of Mr. Wood, seconded by Mr. Wheeler, unanLmously approved, this Board gave approval to the permit withthe s~me conditions specified by the Planning Commission. (10) Application of Luther Dallas for conditiob.al use permit to locate a mobile home on 9.%~ acres situated on Route 6%0, one mile north of Cobham. 399 No one ~rom the public appeared in opposition to this application. Nr. Humphrey advised~ that it received the unanimons approval of the Plauning Commission. On motion of ~r. Wood, seconded by Nr. Wheeler, aud unanimously carried, the permit of Nr. Dallas was graute&. (11) Application of Ronald N. Bishop for conditional use permit to locate a mobile home on 2.16 acres near Albemarle Lake on Route 669. No one from the public appeared in opposition to this application. However, communications opposing the mobile .home were received~ from Nr. R. Baxter GriI~fith of Richmond and his son Nfo R. Baxter Griffith, Jr. of Alexandria. Nr. Humphrey advised that the Planning COmmission felt the natural screening was sufficient and gave unanimous a~proval to the re- quest. On motion of Nr. Wheeler, seconded by Nr. Way,~unanimously carried, the Planning Commission's recommendation was accepted. (12) Application of John S. Homer for conditional use permit to locate a mobile home on 6.8 acres behind West Leigh and off of Route 677. Nr. aud Nfs. Homer were the only persons 'appearing. Nr. Humphrey advised that the Planning Commission gave ~uuanimous approval to this permit subject to the same being granted for a period of six months com- mencing November 1, 1968 anti,at an extension for an additional six months may be granted by the Zoning Administrator upon evidence being submitted that construction of a permanent dwelling has been i~itiated. On motion by Nr. Wood, seconded by Nr. Wheeler, unanimously approved, this Board granted Nr. Homer's permit with the same conditions specified by the Plauning Commi ssion. (13) Application of Gregory ~ud Teresa Pendleton fo~ conditional use permit~ to locate mobile home on 11.91 acres located a~ EsmOnt olaf of Route 71 5. No one i~om the public appeared. Nr. Humphrey advised that this application received unanimous approval of the Planning Commission subject to proper screening being provided and setba&k being established as determined by the Zoning Administrator. On motion by ~r. Way, seconded by Er. Wheeler, unanimously carried, this Board gave approval to this application, subject to the same conditions set by the Planuing Commission. (1~) Application of Eugene Woods for conditional use permit to locate m~bile home on approximately ~ acres off of Route 676. Nr. Humphrey advised that the Planning Commission gave unanimous approval to this application for one year, subject to screening being provided along Route 676 in accordance with recommendations of the State Forestry Service, said permit to be reviewed at the termination oF one year to determine if screening conditions hare been met and proper maintenance of the property accomplished. On motion of Er. Wood, seconded by Nr. 400 Wheeler, this Board gave approval to Nr. Woods' permit subject to the same conditions. (1~) Application of E. L. Floyd for conditional use permit to locate mobile home on four acres located on Route 785 off of Route 29, North. Mr. Floyd. appeared in support of his request. No one appeared in opposition. The Board was advised, that the Plauning Commission gave unanimous approval to this application as sulmitted.. On 'motion of 'Nr. Wheeler, seconded by':':.I~r. Way, unanimously carried, Mr. Floyd's applica- tion was approved. (1 ~) Application of Edith S. Batten for conditional use permit to locate mobile home on 48.3 acres located on State Route ~3 adjacent to Wells' Trailer Park~ No one other than Mrs. Batten appeared. ,Mr. Humphrey advised-that the Planning Commission gave unanimous approval to this request. On motion of Mr. Wood, seconded by Mr. Wheeler, unanimously adopted, Mrs. Batten's application was approved. (17) Application of Oscar ForSberg for conditional use permit to locate mobile home on 24.75 acres located on Route 53, one-half mile east of. Route 627. Mr. Forsberg appeared. No one appeared in opposition. Mr. HUmphrey stated that the. Planning Commission approved this permit with no condi- tions.. On motion of Mr. Wood, seconded by Mr. Wheeler, unanimously carried, approval was given to this application. (18) Application of Albert Norris for conditional use permit to locate mobile home on 50~acres situated on Route 668 approximately 2.5 miles from Route 510. No one from the public appeared~ -in opposition to this request. Mr. Humphrey advised that the Planning Commission gave approval to this permit subject to the mobile' home being placed on the site in accordance with recommendations of' the Zoning Administrator with the approval of the Health Department and Mr. Morris. On motion of Mr. Wood, seconded by Wheeler, unanimously adopted, this Board gave approval to this permit with the same conditions as set forth by the Planning Commission. (19) Applicationoof June and Wiley Dorsey for conditional use permit to locate mobile home on 8 acres located on .Route 20 North. Mr. and Mrs. Dorsey appeared in support of this application; no one appeared in opposition. The Board was advised that the Planning Commission approved this permit subject to screening being provided along Route 20 in accordance with recommendations of the State Forestry Service. On motion of Mr. Wood, seconded by Mr. Wheeler, unanimously approved, approval was given to this perm__Jt with the same condition. (20) Application .of Nary E. Lang for conditional use permit to locate mobile home on1.~ acres ~t Shadwell on Route 729 behind Stone- Robinson School.~ Nfs. Lang appeared in support of her(~reQuest; no one appeared in opposition. Nr. Humphrey advised that. this pm~l~mit was approved, by the Planning Commission subject to the existing screening being retained and that the mobile home will be made a part of the existing dwelling. On motion ofNr. Wheeler, seconded by Nr. Way, unanimously adopted, this application was approved by the Board with the same conditions. (2!) Application of Holmes ~. Payne for conditional use permit to locate mobile home on Lots 2-~74, Royal Acres Subdivision. (Carried over from September meeting.) Nr. H~nphrey advised, that he had beau.unable to contact Nr. Payne since the last meeting and oh motion of Nr. Wheeler, seconded by Nr. Way, this matter was carried over. The Chairman .called for public hearing on proposed amended Carnival Ordinance in accordance with notice published in the Daily Progress on September 20 and 27 and October 4 and 11, 1968, and posted at the Court House and each Post Office in the County. No one from the public appeared regarding this matter. A~ter discussion, the ordinance as follows was propo seal for adoption by Nr, Way, seconded by Nr. Y~ncey, and unanimously adopted. Nr. Wood st~ed that he felt this amended ordinance was a step in the right direction but was not nearly strict enough. BE IT 0BDAINED by the Board of County Supervisors of Albe- marle County, Virginia, as follows: That "Sec. 11-1. Carnivals!' of the Albemarle County Code be and it is here;by repealed. That the following ordinance, to be effective immediately upon repeal of Sec. ~!.~- 1 of said Code, be and it is hereby adopted: Section 11-1.1 ~ No carnival which is located within this county shall be permitted to open For business or engage in business until the owners or operators of such carnival have registered with the office of the Director of Finance 8f Albemarle County, Virginia, obtained a carnival license and paid th~ license tax. The car- nival tax shall be Five hundred dollars per day of operation. S~id license tax must be paid in i~ull at the time of registration for all days of operation of said carnival. 0nly one carnival license may be issued to any single owner or operator or related group of owners and o.perators .in any given thirty-day period, but said single license may permit such owner or oper.ator or owners or operators to operate a carnival for a~period ef more than one day. No carnival license shall be i zsued until the application therefor has been on file with the said Director of Finance for at least one week. Section 11-1.2 Exemption ~ No carnival which is produced or oDerate& or~ owned pri- marily by amateurs who are residents of this County or of the City of Charlottesville, and the gross income of which inures exclusively to the benefit of a school, church., or any organi- zation allied therewith, or of any locally-sponsored non-profit organization operated for charitable and benevolent purposes shall be subject to the license tax required by this section, but such carnival~.will be required to apply for and receive a license pursuant, to Section 11-1.1. Section 11-1 -3 Definition For the purposes of Sections 11-1.1 and 1t-1.2-of this Article, the definition of a carnival shall include any type of show or exhibition mentioned and described in Sec. ~8-283 of the Code of Virginia (1950) as amended. The Chairman appointed Nr. Gordon Wheeler, Nr. Peter .Nky, and Nr. T. N. Batchelor to serve on the committee for dedication of th~ Christopher A. Greene Lake. This committee appointment was approved by motion of Nr. Wood, seconded by Nr. Yancey, and unanimousl~ adopted. Report of the S.P.C.A. was received for the month of September, 1968, rand was ordered filed. Claim against the Dog Tax Fund was received ~rom Er. Curtis ~oon for forty-one mixed fowl killed by dogs. On motion of Er. Wood, seconded by Nr. Yancey, Nr. ~Oon was allowed '$0.~0 each for 2~ leghorn roosters, $1.00 for 1 red rooster, $0.25 each for 1~ bantam hens, and $1.00 each for 3 mature hens. On motion of N~. Yancey, seconded by Nr. Wheeler, and unanimously ap- proved, the following persons were appointed to serve on the newly created Albemarle County Highway Safety Commission, subject to their acceptance. 1. Sgt. N. F. Ritter - School representative. 2. Er. George Bailey - Law enforcement represenbative. 403 3. Dr. Richard Narks - Eedical profession representative. ¢. Nr, H. C. Lanahan - Citizen representative. 5. Nr. Lloyd Wood ~ Board of Supervisors representative. Nr. Way stated that he was deeplY concerned over the litter in Albe- marle County and felt the problem was of sufTicient magnitute that the County Government should display some leadership., and consider the location of additional dumping areas. He proposed a committee to study the problem and make recommendation to this Board. The Chairman asked the Sanitary Landfill Committee (Nr. Yancey, Nr. Way, Nr. Wood and Nr. Gibson) to serve in this capacity. The County Executive suggested that a couple members of the Planning Commission be asked to work with this committee. The County Executive advised that he and the County Attorney had discussed the time this Board was devoting to consideration of conditional use permits during its regular meetings and they were of the opinion that this matter could be and perhaps should be handled by the Board of Zoning Appeals on authority designated by this Board. It was pointed out that a proposed amendment to the Zoning Ordinance with regard to trailers wauld eliminate approximately 90~ of conditional use per-it hearings. Lotion was oiTered by Nr. Wheeler, seconded by Nr. Way, to delegate authority for fixing conditions relating to conditional use permits to the Board of Zoning Appeals, effective November 1, 1968. However, in discussion which followed, this motion was withdrawn and the Clerk was directed to place this matter on the November docket. Claims against the County amounting to $546,2171~60 were presented, ex~mined~ and allowed, and certified to the Director of Finance for payment and charged against the following funds: General Revenue Fund General Operating Fund School Operating Fund Virginia Public Assistance Fund Capital 0U~lay Fund Dog Tax Fund County Water Systems Fund Town of Scottsville 1% Lo~al Sales Tax Comm. of Va. Current Credit Account On motion, $ 1t2.26 89,7¢7,3¢ 33,322.70 7,595.26 72.05 Total $5¢6,217.60 the meeting .was adj ourned.~~~_~.~~~ ~ Chairman