1969-04-17 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
April, 1969.
Present: Messrs. 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 Mr. Garnett.
Minutes of the meeting of March 20, 1969, were approved as sulmitted on
motion of Mr. Way, seconded by Mr. Wood, and unanimously carried.
Mr. R. G. Warner, Resident Highway Engineer, advised that funds budgeted
for Route 6~1 would not be used in the current year and suggested that the
Board give approval to transferring such funds to Route 606. The following
resolution was offered by Mr. Wood, seconded by Mr. Gibson, and unanimously
adopted:
WHEREAS, Mr. R. G. Warner, Resident Highway Engineer, has
advised that funds allocated for certain improvements to Route
6~1 will not be used in the current fiscal year,
NOW, THEREFORE, HE IT RESOLVED by the Board of County
Supervisors of Albemarle County, Virginia, that the Virginia
Department of Highways be and is hereby requested to transfer
such funds as set up in the current budget for Route 6~1 to
surfacing o.f a portion of Route 606.
Communication was received from Mr. Douglas B. Fugate, Highway Commis-
sioner, replying to letter regarding railroad crossings located at Keswick,
West Leigh and Sherwood Farms. Mr. Fugate advised that ~the crossing on the
entrance to West Leigh is located on a road not a part of the State Highways
System and the State would have no jurisdiction. He further advised that the
Secondary Roads Division is being requested to have appropriate studies made
to determine the need and priority for signalization at the other locations.
The Chairman advised that Road Viewers should be appointed at this time.
Mr. Wheeler nominated Mr. William L. Rennolds, Mr. Gibson nominated Nr. Albert
Austin, Mr. Wood nominated Mr. Edward Chapman, Mr. Yancey nominated Mr.
Kenneth Wood and Mr. Way nominated Mr. Alonza Jones. On motion of Mr. Yan~y~.~
seconded by Mr. Gibson, the foregoing persons were named to the Board of Road.'
Viewers for the current year. Mr. Warner set 9:00 A.M. on April ~0, 1969, as
the date for Road Viewers to meet and view requests which havelm:been received.
-'~ Communication was received from the Virginia Department of Highways
advising that the following additions in Canterbury Hills SulxLivision were
accepted into the Secondary System effective ~arCh 26, 1969, as requested
by resolution of this Board adopted January 16, 1969:
Bennington Road beginning on Route 654, 0~.~28 mile south of Route
656, thence extending southwestwardly and northwestwardly 0.29
mile to Westminster Road.
Surrey Road beginning on Route 654, 0.20 mile south of Route 656,
thence extending southwestwardly 0.08 mile to Bennington Road.
Chaucer Road beginning on Route 654, 0.13 mile south of Route
656, thence extending southwestwardly 0.10 mile to Bennington Road.
Westminster Road beginning on Route 654, 0.06 mile south of Route
656, thence extending southwestwardly 0.12 mile to Bennington Road.
Communication was received from Mr. John B. Moore, President of Oak Hill
Corporation, requesting that Oak Hill Drive and Pinehurst Court in Oak Hill
Subdivision be accepted into the State Secondary Road System. This request
was referred to the Resident Engineer for report at the next regular meeting.
The communication from Roscoe S. Adams, Jr. et als concerning the 29-250
By-pass from the city line to the intersection of Route 250 'West was again~.~
brought to the Board's attention. Mr. Warner, who received a copy of this
communication, advised that the matter has been referred to the State office
in Riohmond but he has received no report. Mr. Warner was requested to ad-
vise the signers of the subject communication that this Board is awaiting
action by the State Highway Department·
Co~munication was received from the Virginia Department of Highways en-
closing copy of secondary system allocations for the fiscal year ending June
30, 1970. Copies of this communication were mailed to each Board member prior
to this meeting.
Mrs. John L. Snook, Jr., president of the League of Women Voters, ap-
peared and urged passage of the entire school budget. She also expressed
appreciation for the services of Mr. Paul Cale and welcomed Mr. Leslie H.
Walton as Superintendent of schools.
Sheriff W. S. Cook appeared at the request of the Board to report on the
use and effectiveness of the radar unit purchased by the County. Sheriff Cook
stated that the radar unit has been used very effectively on secondary roads
and that only warnings have been issued' thus far. He expressed a need for
use in subdivisions but stated that the County Executive and Commonwealth's
Attorney are awaiting an opinion from the Attorney General after which they
will meet with Mr. R. G. Warner in this regard. In answer to question from
the Board, Mr. Cook advised that he plans to use the radar equipment on
Hydraulic and Stony Point Roads next week.
A73
Statements of expenses of the Departme~nt of Finance, the Sheriff's
Office and the Office of the Commonwealth's Attorney were submitted for the
month of March, 1969. On motion of Mr. 'Way, seconded by Mr. Wheeler, these
statements were unanimously approved.
Statement of expenses incurred in the maintenance of the County Jail
was submitted along with summary statement of prisoner days for the month of
March, 1969. On motion of Mr. Yancey, seconded by Mr. Way, these statements
were unanimously approved.
l~eports of the Department of Public Welfare were submitted for the month
of March, 1969, in accordance with Sections 63-67.1 and 63-67.2 of the Code
of Virginia.
Report on S.L.H. for the month of March, 1969, was received from Dr.
S. D. Sturkie and was ordered filed.
Claim of the University of Virginia Hospital in the amount of $2,524.16
was submitted for hospitalization of indigent patients under S.L.H. for the
month, of March, 1969. On motion of Mr. Gibson, seconded by Mr. Yancey, this
claim was unanimously approved for payment.
Report of the County Executive was received for the month of March, 1969,
and was ordered filed.
The County Executive advised that it had been necessary to move the
library in Crozet to larger quarters and communications which he had received
from Mr. Raymond Williams, Library Director, indicated that new shelving
which is necessary and not budgeted was estimated to cost $1,800.00. In
response to inquiry from the Board, Mr. Batchelor advised that this ~was not
an item in which the City would participate. The following resolution was
offered by Mr. Gibson, seconded by Mr. Way, and unanimously adopted with
rules regarding second reading being suspended:
BE IT RESOLVED by the Board of County Supervisors of
Albemarle County, Virginia, that $t ,800.00 or as much thereof
as may be necessary be and the same is hereby appropriated to
cover the cost of shelving in new quarters of the CroZet Branch
Library.
The Board was advised that check No. F943 was issued to the Charlottes-
ville School Board on February 20, 1969, in the amount of $15.00 for sub-
stitute pay to release a teacher to serve Albemarle County and it was later
found that the services would not be required. On motion of Mr. Way, seconded
by Mr. Gibson, and unanimously approved, the Director of Finance was authorized
to cancel this check.
The Board was advised that the County had placed funds on deposit with
Monticello National Bank which required the pledge of additional securities.
Accordingly, the following resolution was offered by Nr. Way, seconded by Nr.
Gibson, and unanimously adopted:
WHEREAS, Monticello National Bank, Charlottesvi~lle, Virginia,
Depository, has deposited certain collateral with State-Planters
Bank of Commerce and Trusts,
deposited by the County of Albemarle, in accordance ~rlth Escrow
Agreement by and between the Monticello National Bank, State-
Planters Bank of Commerce and Trusts, T. M. Batchelor, Jr. Director
of Finance of Albemarle County, and the Board of County Supervisors
of Albemarle County;
NOW, TB-~EFORE, BE IT l~ES~LVED by the Board of County Super-
visors of Albemarle County, Virginia, that the deposit of such
collateral be and the same is hereby ratified as follows:
$201,000.00 Portsmouth, Va. Redev. & Hous. Auth. Notes, 3.62%, due 1-9-70.
BE IT F~RTHER RESOLVED that copy of this resolution be for-
warded to Monticello National Bank and to State-Planters Bank of
Commerce and Trusts.
Nr. Garnett advised that the had received communication from
Sutherland, Director of the Department of Conservation and Economic Development,
requesting the ~pointment of a representative to serve on the James t~iver
Basin Advisory Committee. Nr. Garnett appointed Nr. T. M. Batchelor, County
ExecutivS, as Albemarle County's representative, with Nr. John L. Humphrey,
County Planner, as alternate. On motion of
Wheeler, this appointment was unanimously approved.
Communication was received from the School Board requesting authorization
of sufficient funds to enter into an arrangement with Davis and McClintock to
continue planning to determine the best possible course for relieving over-
crowding at the senior high school level and advising that the amount believed
necessary is from $5000 to $7500. Nr. Yancey stated that he was opposed to
the architects in question based on prior experiences. ~r. Way stated he hoped
the School Board is making study not only of Albemarle High School but also on
the two high school approach. Nr. Walton was called into the meeting later to
discuss this matter. He advised that the School Board is not obligated to these
architects but are satisfied with this firm. After considerable discussion,
the following resolution was offered by ~r. Gibson, seconded by Nr. Gibson, and
unanimously adopted:
BE IT RESOLVED by the Board of County Supervisors of Albemarle
County, Virginia, that $7,~00.00, or as much thereof as may be
necessary, be and the same is hereby appropriated for a study to be
made by a firm to be selected by Nr. Leslie H. Walton of relieving
crowded conditions at the high school level, either by expansion of
Albemarle High School~ a second high school at another site, or any
other means of relieving the condition that can be found.
Communication was received from Nr. ~. Clifton McClure submitting his
resignation ss a member of the School Board. Nr. Wood highly commended
McClure for his services and stated that he felt the School Board would
suffer a loss. He also stated that he hoped the County would be able to
utilize the services of Nr. McClure in some other capacity at a future time.
On motion by Nr. Wood, seconded by Nr. Gibson, and unanimously adopted, the
resignation of M. CliftOn EcClure was accepted with regret and the Clerk was
directed to forward a letter of appreciation for his service to the County.
At 10:00 A.M. the Chairman called for public hearings on zoning requests
as advertised in the Daily Progress on March 28, April 4, and April 11, 1969,
as follows:
(1) Application of Mildred Macon and Lyttelton Yates to rezone 133.~3 acres
from ~ricultural A-1 to Manufacturing M-1; located between Routes 689,
688 and 684 in Samuel Niller District.
Nr. Ed De. ets, Attorney, presented communications from Superior Stone
Company and Nfs. Yates submitting request to withdraw this application without
prejudice. Nr. Henry Tiffany, attorney, appeared and stated that he felt the
lando~ners should be considered. After discussion, motion was offered by
Gibson, seconded by Nr. Wheeler, and unanimously adopted, to honor the request
of Superior Stone Company. On motion of Nr. Gibson, seconded by Nr. Wood, and
unanimously carried, the request of Nfs. Yates to withdraw the subject applica-
tion without prejudice was approved.
(2) Application of Hattie and Samuel Pugh to rezone ~2 acres from Agricultural
A-1 to Manufacturing M-2; located north of Interstate 64 and south of the
termination of Route 683 in the Brownsville area.
Nr. Robert ~usselman, Attorney, stated if the Board wished t° defer action:.~
on quarry requests for some time, they would not object to deferring or being
permitted to withdraw without prejudice. Nr. Gibson offered motion to grant
request to withdraw without prejudice, which motion was seconded by Nr. Wood
and unanimously adopted. Nr. E. 0. EcCue, III, attorney for opposition to the
Pugh application, stated after adoption of the motion that he felt the Board
should require additional information with regard to quarry requests.
~otion was offered by ~r. Gibson, seconded by Nr. Way, and unanimously
adopted, requesting the Planning ~ommission to consider the question of de-
ferring granting of new quarry applications pending the completion of the
master plan.
(3) Application of Leroy W. and Viola D. Snow to rezone 19.62 acres from
Agricultural A-1 to Residential R1; located on Route 79~, north of
Blenheim.
Mr. Humphrey advised that Mr. Snow failed to record plat of subdivision
at this location but had proceeded over a long period of time to sell non-
conforming lots, most of the pur~hase~ being made by a down payment to
Snow with agreements between the purchaser and seller for the balance. Mr.
Humphrey further advised that the Planning Commission had approved this ap-
plication as they believed this to be in the best interest of those persons
who had purchased property. This matter was given considerable deliberation
after which motion was offered by Mr. Wheeler, seconded by Mr. Gibson,and
unanimously adopted, to defer action thereon until the next regular meeting.
S.P.C.A..report for the month of Narch, 1969, was submitted and approved
on motion by Mr. Yancey, seconded by Nr. Wood, and unanimously adopted.
Communication was received from Er. Charles W. Sublett, President of
Eichie CitY Publications Company, enclosing resolution which he felt the
Board should use in officially adopting the supplemental pages recently
prepared for the County Code. This resolution was offered for adoption by
Mr. Gibson, seconded by Mr. ~$~eeler, and unanimously adopted as follows:
AN ORDINANCE ADOPTING SUPPL~NTAL PAGES FOR THE CODE OF THE COUNTY OF ALEE-
MAR~.~~,, VIRGINIA; PROVIDING FOR THE REPEAL OF ORDINANCE S NOT INCLUDED THEREIN,
EXCEPT THOSE SAVED -~0M REPEAL BY THIS 0BDINANCE; AND FOR OTHER PURPOSES AS
HEREINAFTER SET FORTH:
BE IT ORDAINED by the Board of County Supervisors of Albemarle County,
Virginia:
Section 1. The chapters and sections embraced in the supplemental
pages for The Code of the County of Albemarle, Virginia, each of which
pages is identified in the lower right-hand corner thereof by the notation
"Supp. 12-68", are hereby adopted as and shall constitute "The 12-68 Supple-
ment of the Code of the County of Albemarle, Virginia."
Section 2. All provisions of "The 12-68 Supplement to the Code of the
County of Albemarle, Virginia~'' shall be in force and effect on and after
April 17, 1969, and all ordinances of a general and permanent nature adopted
between December 31, 1967 and December 31, 1968, and which are not included
in such Supplement or in The Code of the County of Albemarle, Virginia, are
hereby repealed from and after April 17, 1969, except as otherwise provided
in Section 3 of this ordinance.
Section _~. The repeal Drovided for in Section ~ of this ordinance shall
not affect any offense or act committed or done or any penalty or forfeiture
incurred or any contract established or accruing prior to April 17, 1969; nor
shall it affect any prosecution, suit or proceeding pending or any judgment
rendered prior to April 17, 1969; nor shall it affect any ordinance saved
from repeal by an ordinance entitled, "Au ordinance adopting a revision and
codification of the ordinances of Albemarle County, Virginia, entitled 'The
Code of the County of Albemarle, Virginia' providing for the repeal of certain
ordinances not included therein v~th certa&n exceptions, and for other pur-
poses hereinafter set ou~"; nor shall it affect any ordinance adopted after
December 31, 1968.
Section 4. This ordinance shall take effect April 17, t969.
Zesolution was received from the Virginia State Beekeepers Association
supporting enactment of legislation by the General Assembly to compensate
farmers, beekeepers and others for damages resulting-from State Eradication
programs. On motion of Nr. Wood, seconded by Nr. Gibson, it was ordered that
this resolution be forwarded to the Farm Bureau for consideration in the
study they are making for the Board on the control of musk and curled thistle.
The Board was advised that Eiss Bessie Jones, secretary in the County Ex-
tension Office, retired at the end of March after serving the County for
forty-two years. On motion of Nr. Gibson, seconded by Nr. Wood, and unani-
mously adopted, the Clerk was directed to forward to Niss Jones a Certificate
of Appreciation with an accompanying letter expressing the Board's deep ap-
preciation for her many years of faithful service.
Communication was received from Nr. Ray B. Jones, Executive Director
of the Albemarle County Service Authority, submitting engineering report by
John NcNair and Associates on the North Rivanna River Water Facilities. ]~ Er.
Jones advised that the Service Authority had applied to Farmers Home Admin-
istration for assistance in the installation of a central community domestic
water system as outlined in the subject report and that regulatior~'require
that all proposals for such facilities be presented to the local governing
body for review and comment. After discussion, the following resolution was
offered by Er. Wheeler, seconded by Nr. Wood, and unanimously adopted:
WHEREAS, proposal for the development of a central community
domestic water system, which will serve the area of Albemarle County,
has been reviewed by this Board; and
WHEREAS, it is the feeling of this Board. that this facility
is needed not only for the present growth being experienced in
the community of Earlysville, the airport area, and areas adjacent
to the City of Charlottesville, but also to serve anticipated
future growth in these and other areas;
NOW, T~FOI~E, BE IT RESOLVED by the Board of County Super.
visors of Albemarle County, Virginia, that this Board does hereby
endorse the application of the Albemarle County Service Authority
to Farmers Home Administration for assistance in the installation
of a central community domestic water system.
At 1:30 P.N. the Chairman called for continuation of public hearing on
proposed ordinance relating to sale and consumption of wine on Sundays, as
deferred from the regular Narch meeting. Nr. D. B. Narshall, County At-
torney, advised that he had conferred with officials of the A.B.C. Board and
had been informed that said Board would enforce any ordinance the County
elects to adopt. No one from the public appeared at this adjourned hearing.
~r. ~ibson offered the proposed ordinance for adoption. This motion was
seconded by Er. Yancey and the ordinance was unanimously adopted as follows:
AN ORDINANCE TO A~END AND l~E-ENACT SECTIONS 3-1 Ak~D 3-2 OF THE ~
COUNTY CODE RELATING TO SALE AND CON~TION OF WINE ON SUNDAYS.
BE IT ORDAINED by the Board of Supervisors of Albemarle County:
That Sections 3-1 and 3-2 of the Albemarle County Code be amended and
re-enacted as follows:
Sec. 3-1. Sale of wine on Sunday prohibited.
It shall be unlawful to sell wine in Albemarle County between the hours
of 12:00 Nidnight Saturday and 6:00 A.N. Nonday, except that wine may be sold
for consumption on the premises by any person who holds a Virginia State
license for sale of mixed alcoholic beverages during the same hours that he
is permitteddby said State license to sell mixed alcoholic beverages.
Sec. 3-2. Prohibiti.ng consumption of wine on licensed premises on Sunday.
It shall be unlawful for any person holding a license to sell wine to
permit the consumption of wine upon the premises mentioned in such license
and located in Albemarle County between the hours of 1 2:00 Nidnight Saturday
and 6:00 A.M. Eonday, except that a person who hold a Virginia State license
for sale of mixed alcoholic beverages map- permit consumption of wine upon the
premises mention~in such latter license during the same hours that he is per-
mitted by said latter license to sell mixed alcoholic beverages.
The Chairman called for public hearings on zoning requests as advertised
479
in the Daily Progress on Narch 28, April 4 and April 11, 1969, as follows:
(1) Application of John L. and Louise W. Spears for rezoning 4.06 acre-s from
Agricultural A-1 to Residential R-1; located on Route 1204 extended in
Crozet.
No one from the public appeared with regard to this application. Nr.
Humphrey advised that the staff and the Planning Commission recommended ap-
proval. On motion of Nr. Gibson, seconded by ~r. Wheeler, and unanimously
adopted, approval was given to the application of Nr. and Nfs. Spears.
(2) Application of Daley Craig, Inc. to rezone 100 acres from Residential
t{-2 to Agricultural A-1 and .second application to rezone 100 acres from
a proposed Agricultural A-1 to the Planned Community zone; located on
Hydraulic Road on property known as Blue Ridge Golf Course.
Nr. Craig appeared on behalf of the application. Nr. Humphrey advised
that ~the staff and Planning Commission recommended approval of both applica-
tions, t~epresentatives of Berkeley Community Assocation appeared and advised
that they supported the planned community project b-at were concerned about
access and also suggested that the Board give study to the possibility of
using this land for recreational purposes, and outlined to the Board certain
Federal funds which were available in this regard. Communication was received
from Nr. William Belew in opposition to the application and requesting that
'~he golf course be re~ained. Nr. Humphrey pointed out that the Planning Com-
mission also received two petitions for continuation of the golf course.
After considerable deliberation, motion was offered by Nr. Wood, seconded by
Nr. Wheeler, and unanimously adopted, approving the subject application for
rezoning from R-2 to A-I, conditioned upon affirmative ~ote on planned com-
munity. On motion of Nr. Wood, seconded by Nr. Wheeler, unanimously adopted,
approval was given to application for planned community zone at this location.
It was pointed out in discussion that Nr. Crai$ did not plan to commence
development until September and he would be open to negotiations until mid-
summer. Nr. Wood suggested that this matter be referred to the recreation
committee and designated members of the Berkley Association for study. The
County Executive suggested that if the people can work out a program, this
Board would apply for Federal funds. This matter was taken under advisement.
(3) Application of Southern Lumber & Land Corporation to rezone 17.~9 acres
from Agricultural A-1 to Nanufacturing N-l; located at airport fronting
on Routes 649 and 606.
No one appeared with regard to this application. Nr. Humphrey advised
that Nr. Curtis Greve of FAA had advised that they would have no objection to
light manufacturing and the Planning Commission recommended approval by a nine
"to one vote; however, the staff suggested that the Board consider whether or
not this petition is unjustifiable at this time in view of the facts that the
applica~ .;has no bonafide use of the property, an airport study is forthcoming
and may involve additional acquisition of land and additional runways, the
Comprehensive Plan is presently being prepared, and lack of utilities. He
stated in summary that the staff suggests that the rezoning of the property to
E-1 would be in keeping with the Board of Supervisors implied policy but only
questions the timing. After discussion, motion was offered by Nfl Gibson,
seconded by Mr. Wheeler, and unanimously adopted, giving approval to the aD-
plication of Southern Lumber & Land Corporation.
(4) Application of Barbara ~. Ward for Conditional use permit to locate a
permanent mobile home park on 500.~3 acres located on Route 742 one mile
south of Charlottesville.
Mrs. Ward appeared in support of her application; no one appeared in
opposition. Mr. Humphrey advised that the staff recommended approval with
the following conditions, with like approval being given by the Planning Comm.:
1. Access to the facility be approved by the Highway Department.
2. Approval of the sanitary systems by the Health Department and evidence
of approval submitted to the Zoning Administrator prior to issuance
of permit.
3. Assurance of a public or central water supply approved by the CounSy
Engineer.
4. That an area or areas be established as recreation space of not less
than 5000 square feet, which shall provide for small children activity.
5. In keeping with Soil Conservation Service recommendation.
6. That internal road system be provided with a treatment to eliminate
dust and mud. Minimum recommendation of 2~ foot width of gravel of
sufficient depth to accommodate the above.
7. Naintenance of existing screen.
Nr. Humphrey further advised that the Planning commission recommended the cen-
tral water system based on the Soil Survey Report. After discussion, motion
was offered by Mr. ~ay,~.~econded by Mr. Wood, approval was given to this
application. Mr. Gibson abstained from voting.
(5) Application of Liza T. Hire for conditional use permit to locate a mobile
home on 15.32 acres on Route 637.
Mrs. Hire appeared in support of her application; no one appeared in op-
position. Mr. Humphrey advised that the staT~f and the Planning Commission
recommended approval subject to approval for septic field from Health DeDartment
and a building setback of t00 feet from the right of way of Route 637. On
motion of Mr. Gibson, seconded by Mr. Way, this application was unanimously
approved subject to the same conditions as set forth above.
(6) Application of John L. Snead ~or conditional use permit to locate two
mobile homes on 4 acres on Route 721.
No one appeared with regard to this application. Mr. Humphrey advised
that the staff and Planning Commission recommended approv~i~::~ubSect to septic
field approval by the Health Department. On motion of Mr. Way, seconded by
Yancey, unanimous approval was given to this application with the same con-
ditions listed by the Planning Conzmission.
(7) Application of Bruce A. Rund, Jr. for conditional use permit to locate
a mobile home on 2.7 acres on 01d Lynchburg Road.
Nr. Rund appeared in support of his application; no one appeared in op-
position. Mr. Humphrey advised that the staff and Planning Commission
recommended approval subject to septic field approval by the Health Depart-
ment. On motion of Mr. Wheeler, seconded by Mr. ~ibson, unanimous approval
was given to this application subject to the same conditions as set forth
by the Planning Con, mission.
(8) Application of Larry E. Tyler for conditional use permit to locate a
mobile home on 8.8 acres on Route 649, 0.4 mile east of Route 29.
Mr. Tyler was present; no one appeared in oppo'siDi0r~ Mr. Hump~rey
stated that the staff and Planning Commission recommended approval of this
application subject to septic field approval by the Health Department. On
motion of Mr. Gibson, seconded by Mr. Wheeler, this application was unani-
mously approved with the same conditions as set forth abo~e.
(9) Application of Billy E. Eppard for conditional use permit to locate a
mobile home on 37.9 acres on Route 729.
No one appeared v~lth regard to this application. Mr. Humphrey advised
that the sta~ and Planning Commission approved the subject application with
the condition that septic field approval be obtainS°from the Health Department
and conditioned upon minimum setback of 80 feet from Route 729. On motion of
Mr. Way, seconded by ~r. Yancey, and unanimously adopted, approval was given
to this application subject to the same conditions.
(10) Application of Edith E. Batten for conditional use permit to locate a
mobile home on 19,88 acres on Route 729.
Mrs. Batten appeared in support of her application; no one appeared in
opposition. Mr. Humphrey advised that the staff and Planning Commission rec-
ommended approval subject to the existing screening of trees on the south
property line remaining for a fifty-foot depth and existing trees fronting
on Route 729 remain, approval of a septic field by the Health Department, and
a minimum setback of 50 feet from Route 729. Mrs. Batten stated that she
was willing to comply with the conditions but there were t.~o diseased trees
at the southwest corner of the property which would have to be removed. She
was advised by the Board that she could work this out with the Zoning Ad-
ministrator. On motion of Mr. Wheeler, seconded by Mr. Way, unanimous ap-
proval was given to this application with the conditions set forth above.
(11 ) Application of Harry D. Campbell to locate a permanent sawmill on 4
acres located on Route 710.
Mr. Campbell appeared in support of his application. Mr. Humphrey advised
that the Planning Commission approved this request by a 7-1 vote with one ab-
staining, subject to conditions that all activity of the say,hill, including
access, storage and preparation of wood, shall be confined to an area 200 feet
south of existing wood line, 300 feet from the right of way or Route 710 and
900 feet from the north property line of the Faris property; the sawmill is to
be relocated to the approved site before or by Nay 1~, 1969, at which time the
existing sawmill activity shall cease and the property put in order by leveling
the stockpile of sawdust and wood storage removed. Mr. and Mrs. Robert ~aris
appeared in opposition and presented a petition signed by approximately sixty
residents of the area. Mr. Ca~npbell stated that he felt it would be impossible
to comply with the deadline set by the Planning Commission. After considerable
discussion, motion was offered by Mr. Wheeler, seconded by Mr. Yancey, and unani-
mously adopted, approving this conditional use permit on the same conditions as
se~t forth by the Planning Commission but extending the May l~th da~e~to July 1,
1969.
Application of Hacienda Estates for conditional use permit to locate a
perm?ent mobile home.park on 27.38 acres located on l~oute 29 North, 1½
:miles south of ~.oute 649.
Dr. Copely NcLean, owner, appeared along with Mr. Thomas Blue, surveyor,
appeared in suDport of the application. Mr. Charles Haugh and Mr. Robert
Eusselman, attorneys, appeared on behalf of adjoining property owners opposed
to the mobile home park at this location. They questioned the legality of the
advertisement of this hearing in that the name used by the owner, Hacienda
Estates, has not been recorded. The County Attorney advised that he felt the
notice was proper. Mrl Humphrey advised that the application was approved by
the Planning Commission with the follov~ng conditions: (1) At~east>two~aC~ceSs~
?oads~ mb~]['~O~de~[ ~t6.~::Ro~te'ca9.vw~th:..t~e-e;aDPror-al, m~-f-'' t~e Highway ..~epa~tment ~'and
~he~ ~xt~n'Sioa~ of." th~ tsa~e-~.~roade'Dre~ment~?as "sh0.wn~ithia athe~.~e~el~.l~ne~.t;' :. (2)
Approv&~::iof!.s~p$i6.: ~'s~stem by Health Department be presented to the Zoning Ad-
ministrator prior to issuance of Conditional Use Permit and zoning clear&ncc;
(3) That a minimum of one acre of usable area or areas by shown on the plan for
active recreation serving small children; (4) The recommendations of the Soil
Conservation Service be adhered to; (5) Evidence of having obtained authorized
approval to hookup with the County water system prior to issuance of permit
being submitted to the Zoning Administrator; and (6) That the site plan as
submitted by adhered to.~ After much discussion with the owner and attorneys
present, motion was offered by Er. Gibs0n~' seconded by Mr. Yancey, to approve
the application with the same conditions imposed by the Planning Co~m~ ssion.
This motion passed by the following recorded vote:
AYES: Eessrs. Garnett, Gibson, Way and Yancey.
Nays: Nr. Wheeler.
Abstaining: NAr. Wood.
The Chairman called for hearing on proposed amendments to the Zoning
Ordinance as proposed by the Planning Commission. The County Planner read
the amendments. Nr. Cecil Driver appeared and questioned this amendment pre-
cluding individuals from placing mobile homes on individual lots and requiring
them to locate in a mobile park. Nr. Lucian Wilson stated that with the
existing housing .shortage it seems trailers provide good substitute for
shacks for someone who cannot afford more. ~. Gibson offered certain
changes to the proposed amendments. After discussion, in whigh Nr. Way
stated that he felt it would be wiser to defer action at this time, the pro-
posed amendments to the Zoning Ordinance, incorporating the changes suggested
by Er. Gibson, were adopted as follows on motion of Er. Gibson, seconded by
Er. Yancey. All voted in the affirmative with the exception'~ofEr. Way.
A~END~TS TO ALBENARLE COUNTY ZONING 0BDINANCE:
Mobile homes, individual, qualifying under the following require-
ments:
A property owner residing on the premises in a permanent home
wishes to place a mobile home on this property in order to
maintain his or~her immediate family or~fulltime agricultural
employee. Immediate family shall be a"ef~ined as lineal
relatives of the applicant and his brothers or sisters.
Be
Due to the destruction of a permanent home an emergency
exists. A permit can be issued in this event not to exceed
12 months.
The Zoning Administrator 'shall be authorized to issue permits in
accordance with the intent of this ordinance and shall be authorized
to require or seek any information which he may determine necessary
in making a determination on cases "A" and "B" of the aforementioned
uses.
Add
Proper
Number
Here
Special Permit.
A special perndt may be granted in such instances as the Board of
Supervisors deem proper as being compatible with the use and nature
of the adjacent properties. Applications for such special permits
shall be processed in the same manner as other applications for re-
zoning.
New Definitions:
Replaces 15-~8, Mobile Home: a single family detached dwelling unit trans-
ported to a site as a compact unit with a gross floor area of 800
square feet or less.
New 15-~9A. Nobile Home Subdivision: any area of land subdivided for the
purpose ~of providing salable lots for mobile homes exclusively under
the minimum requirements as found in Article 2-1-23 (~8A).
The above requires the de]ekion of "or subdivision" from existing
5-59.
To be added as a use to Agricultural A-l:
Article 2-1-23(18A). Eobile Home Subdivisions.
Artic~ 2-1-23(18A-1). Minimum size of Nobile Home Subdivisions.
The minumum h.~nnber of lots provided in any mobile home subdivision
shall be twenty (20).
Article 2-1-23(18A-2). Minimum lot size.
The minimum lot size shall be 20,000 sq. ft. or more as may be recom-
mended by the Charlottesville-Albemarle Health Department except
where public sewerage and water are available, lot size may be re-
duced to 15,000 sq. ft.
Article 2-1-23( 18A-3). Subdivision Control.
All Nobile Home Subdivisions shall adhere to the requirements of the
Albemarle County Subdivision Ordinance as amended.
Mr. F. E. Paulett appeared with regard to petition submitted by Mr. Chas.
Hau~h with regard to citizens participation on merger study committees. Mr.
Garnett advised that all Board members had received copies of this petition and
he read to' the Board the reply which he made to Mr. Haugh. On motion by Mr.
Wood, seconded by Mr. Wheeler, it was ordered that the reply made by the Chair-
man be adoPted as the Board's reply. Mr. Paulett stated that one question a~ked
by the Taxpayers Association through Mr. Haugh was not answered and he wished
a reply for a meeting which is being held tonight. This was asking if the tax-
payers could have at least ninety days to study complete merger document before
the referendum. MrL Paulett was advised that this would be available for study
at least sixty days before the referendt~m and probably more and was requested
to relay this information to the Association. Mr. Paulett further suggested
that study be given to Albemarle County merging with the Town of Scottsville to
form a government whereunder the County would incorporate as a City.
In accordance with notice published in the Daily Progress on April 4 and
11, 1969, the Chairman called for public hearing to consider a dance hall as
provided for under Article 6-!-25 of the Albemarle County Zoning Ordinance on
property owned by Horace F. Jackson in the B-1 Business Zone located on Route
250 East on Paytops Nountain. The County Attorney read the dance hall section
of the Zoning Ordinance. Mr. George Gilmer, attorney, appeared with Mr. Kessler,
who plmus to operate the dance hall. Mr. Kessler explained that this would be
a restaurant for dining and dancing. After discussion, this application was
approved on motion of Mr. Wood, seconded by Mr. Yancey, and unanimously adopted.
The County Executive advised that the estimated cost of redoing the side-
walks on the Court House and County Building lawn was approximately $21,000.00
and that the garden clubs would participate in this project. After discussion,
motion~was offered by Mr. Wood, seconded by Mr. Gibson, authorizing up to but
not exceeding $21,000.00 fo~ this project.
485
The County Executive advised that the budget for the fiscal year ending
June 30, 1970, would be completed and available shortly and the Board should
set a time for public hearing on same. On motion, duly made and seconded,
public hearing on the proposed budget was set for 9:00 P.E. on Eay 8, 1969,
in the Albemarle County Court House and the Clerk was directed to publish
proper notice of said hearing along with a synopsis of the proposed budget.
On motion, duly made and seconded, this meeting was adjourned until
7:00 P.E. on Nay 8, 1969.
· ~ Chairman