1969-03-21~arch 21, 1969
An adjourned meeting of the Board of CoUnty Supervisors of Albemarle
County was held at 7:00 P.Mo on this date in the Court House with the follow-
ing members present:
Messrs. E. N. Garnett, Joseph E. Gibson., Peter T. Way, Lloyd F. Wood,
Jr. and B. A. Yancey.
Absent: Mr. Gordon L. Wheeler.
The Chairman advised that this meeting was adjourned from March 20,
1969, to hear certain zoning requests after viewing site locations during the
afternoon. He further stated that before starting the public hearing, the
County Attorney had a matter he wished to present. ~r. Marshall read the
following letter addressed to the Board of Supervisors:
"The CoUnty Executive and the CoUnty Zoning Administrator con-
sulted me today about the application made by Dr. Charles W.
Hurt for rezoning of certain land near l~oute 20, south of
Charlottesville, from A-1 classification to M-2 in order to
permit operation of a rock quarry. We have now learned that
the sale contract under which Dr. Hurt Claims ownership of the
land has been repudiated by the Seller, a Nfs. Bryant, who
lives in Amherst CoUnty. Dr. Hurt has filed a suit in the
Circuit Court of Albemarle County asking that his contract be
enforced. Nfs. Bryant has filed an answer denying the validity
of the contract and alleging that Dr. Hurt has violated its terms.
I have talked by telephone today with Dr. Hurt and with J. B.
Wyckoff, attorney for Nfs. Bryant. Nfs. Bryant does not want to
have the property rezoned. Dr. Hurt has arranged for attendance
at tonight's hearing of some people representing the proposed
lessees of the quarry which he wants to have on the property.
He cannot, therefore, agree to continue the hearing to another
date. However, Dr. Hurt will have no standing to request the
rezoning if Nfs. Bryant's position is sustained by the Circuit
0curt. Neither you gentlemen nor I as County Attorney have any
right to anticipate the Court's decision.
Under these circumstances, and in fairness to all parties, in-
cluding Dr. Hurt, Nfs. Bryant, and any members of the public
who may attend the hearing tonight, I hereby advise you gentlemen
to proceed with the hearing and consider Dr. Hurt's application
on its merits as though there were no dispute on the subject of
ownership. If, on that basis, you decide to deny Dr. Hurt's
application, you may do so. If, however, you wish to grant his
application, that wish and the resulting amendment to the CoUnty
Zoning Nap should not be made effective until the issue of owner-
ship between Dr. Hurt and Nfs. Bryant has been resolved by judgment
of the Circuit Court or by agreement between the parties. You can-
not amend the Zoning Map conditionally, so I would suggest that you
defer any action on Dr. Hurt's application Unless you decide, on
the merits of the case, a~ter public hearing, that it should be
denied."
The Chairman then called for public hearing on the following:
Application of Charles W. Hurt, contract purchaser, to rezone
333.28 acres from Agricultural A-1 to Manufacturing M-2. Located
south of Charlottesville off l~oute 20, South.
Humphrey, CoUnty Planner, reviewed the request and advised that additional
traffic would make l~oute 20 hazardous and the staff recommended denisl on this
basis in that it would not be in the best ~nterest of the public as it relates
to safety and' welfare. Mr. Humphr. ey advised that the Planning Commission
recommended denial of the application on the' basis of inadequate trans-
portat~on~ too much acreage, and prematurity on the basis of upcoming
County planning which is now being prepared. The County Executive intro-
duced Mr. ~¥ed Burroughs of the State Highway .Department to inform the
Board of Highway Department regulations with regard to quarries. Mr.
Burroughs reviewed that department's general policy and legislation enacted
by the 1968 General Assembly which requires a permit to take mineral from
the earth. He stated location is subject to Highway Department aDproval
and that permit is dependent upon treatment of site with relation to
erosion control, screening, possibility of reclamation of land (development
of lakes, etc.), waste site being graded and landscaped, and posting of bond.
Mr. Bill Cannon appeared on behalf of Dr. Hurt and Warren Brothers. He
stated that Warren Brothers had in goo~ faith looked for a suitable location
in the County and this area was selected because of transportation, the large
acreage to comply with screening, and the fact that the area was not densely
populated.~He stated that if the County was opposed to this location, they
should be able to offer an area suitable to such an operation. In reply to
inquiry, Mr. Cannon advised that it would be ten months to a year before devel-
opment of the site is started unless awarded contract on l~oute 64, in which
case development would be s~arted immediately. Mr. Dave Wood, Attorney, ap-
peared in opposition, representing officially nine residents and ~also on
behalf of approximately 1 ~0 signers to petition circulated by the nine
persons employing him. Mr. Wood pointed out the few places on Route 20 where
passing is allowed and stated that increased traffic would encourage chances
being taken on illegal passing. He also called attention to the beautiful
farms located in this area. Mr. Farley Cox, representing Southside Albemarle
Association, and several individual citizens also spoke in opposition and com-
munication was received from Mr. Daniel G. VanClief. After public hearing,
motion was offered by Mr. Wood, seconded by Mr. Way, to deny the application
of Dr. Hurt. In discussion on the motion, Mr. Gibson stated that he was in
favor of denial of the petition because he felt in good conscience this is
not a proper location for an ~-2 area because of growth of the City and be-
cause of the merits of the case. The motion was unanimously adopted.
The Chairman called for public hearing on the following application:
Application of Gordon Burton to rezone 36 acres from Agricultural A-1
to Residential ~-1 to permit less than two-acre lot development.
Located at Midway with frontage on Routes 63~, 688 and 684.
Mr. Burton was advised that the quarry application of Lyttleton Yates would
not be heard at this meeting but Mr. Burton stated that he wished to proceed
w~th his hearing. Mr. Humphrey advised that the stai~ would suggest that
the immediate area be used for large lot development and could not recommend
i~-1 zone. He further advised that the Planning Commission recommended denial
of the application as a result of a tie vote. No one appeared in opposition.
After considerable discussion of Mr. Burton's application., action was taken
in two parts. On motion of Mr. Gibson, seconded by Mr. Yancey, and unani-
mously carried, approval was given to revising Zoning Nap i~rom A~I to R-1 on
the following portion of Ar. Bur~On.~s application:
All of Assessment Map 72, parcel 14A and 4 and a part of Assess-
ment Map 71, Parcel 46 commencing at the property line of Assess-
ment Map 72, parcel 4A, and extending westerly along Route 668
for a distance of 450 fee~, thence in a northerly direction to
the northemproperty line of parcel 46, Assessment Sap 71, thence
in an easterly direction to parcel 4 of Assessment Nap 72.
On motion of Mr. Gibson, seconded by Mr. Yancey, and unanimously carried,
approval was given to Mr. Button's request, at this meeting to withdraw with-
out protest the remainder of his application.
Claims against the County amounting to $683,577.60 were presented,
examined, and allowed, and certified to the Director of Finance for payment
and charged to the following Ikmds:
General t~evenue Fund
General Operating Fund
School Operating Fund
Virginia Public Assistance Fund
Capital Outlay Fund
Dog Tax Fund
County Water Systems
Town of Scottsville 1% Local Sales Tax
Commonwealth of Va. Current Credit Acct.
Total
On motion, the meeting was adjourned.
81 7.88
3 ,211:
30,795.32
130,293.07
7o3.1o
4,45~.34
~7.04
35~098-~63
683,577- 6O
- ' Chairman ~