HomeMy WebLinkAbout1971-09-16 A regular meeting of the Board of County Supervisors of Albemarle County,
¥irginia, was held at the Office Building of said County on the ~6th day of
September, 1971.
Present: Eessrs. E. N. Garnett, Joseph E. Gibson, F. E. Paulett, Gordon
L. 'Wheeler, Lloyd F. WOOd, Jr. and l~. A. Yancey.
Absent: None.
Officers present: County Executive and County Attorney.
The meeting opened with the Lord's Prayer led by Nr. Garnett.
Er. James Butler, Extension Agent, introduced Nr. Bill Buark, recently
employed Assistant Extension Agent who replaced Nr. Lyle Cassell. Niss Eliza-
beth Andrews, Home Extension Agent, introduced seven nutrition technicians who
are presently being trained to serve in varioUs areas of the County.
The County Executive submitted to the Board copies of State of the County
and advised that copies are also available to the public in his office.
The Chairman announced that a meeting was held on September 15 with regard
to proposed road from the University grounds to Birdwood and called on the County
Executive for statement regarding such meeting. This statement follows:
"The University has been kind enough to review all the planning on
the road from the central grounds to Birdwood. Having reviewed
this with the Pla~aing, Engineering, and Highway Departments, we
have found that there are several very in-depth questions involving
the movement~ of this traffi~' that should be looked into and answered
before a final location or design is determined. Inasmuch as there
are so many variables, we recommend that the Board request the
University, State Highway Department and the Planuing Department
of the County to engage in a joint in-depth study of the road to
determine the impact and ultimate location of this vital link of
tran spot ration."
The following resolution was offered by Nr. Gibson and seconded by Nr. Wood:
BE IT EESOLVED by the Board of County Supervisors of Albemarle
County, Virginia, that this Board respectfully requezts the University
of Virginia and the State Highway Department to join with the County
Planning Department in a joint in-depth study of road proposed by the
University of Virginia to connect its central grounds to Birdwood
property in an effort to determine the impact and ultimate location of
this vital link of transportation.
This resolution was adopted by the following recorded vote:
AYES: ~essrs. Garnett, Gibson, Paulett, ~heeler, ~ood and Yancey.
NAYS: None.
The Chairman noted that he had received numerous comm~uicationswith re§ard to
this matter and it would not be possible to acknowledge them all personally.
Nr. Wood stated that he too has received many letters and calls in this regard.
~inutes of the meeting of August 19, 1971, were approved on motion by
Paulett, seconded by ~Ar. '"~Tneeler, and unanimously adopted by recorded vote.
437
Mr. R. G. 'Warner, !~esident Engineer, presented to each Board member copy of
final Secondary S~stem Budget for the year ending June 30, 1972. He asked that
bhis be reviewed in order that a resolution might be adopted at the October meet-
ing.
Mr. 'Warner discussed with the Board possible date for meeting of the Board
with representatives from the Highway Department. The dates of 28th and 30th of
September, 3:00 P.M., were designated as dates convenient to this Board and Mr.
~arner is to check with his personnel for final date.
Mr. Gibson noted that he had requested on several occasions that flashing
2igns or speed limit signs be installed in all school areas where traffic is
sufficient to Warrant them. He requested that the Highway Department take all
possible steps to put visible flashing signs at schools as soon as possible.
advi seal
~.~r. '~Varner/that this is not under the jurisdiction of the Highways Department
but must be done by the School Boa_rd. The following resolution was offered by
Mr. Gibson, seconded by Mr. Wheeler, and adopted by the following recorded vote:
AYES: Eessrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
BE IT tLESOLVED by the Board of County Supervisors of Albemarle
County, Virginia, that it is the sense of this Board that flashing
signs should be installed at all schools where there is substantial
traffic; and
BE IT FItRTHER BESOLVED that copy of this resolution be submitted
to the Albemarle County School Board with the request that this matter
be given serious consideration.
Mr. Wood advised Mr. Warner that the site distance at the exit from Ardwood
Subdivision is very poor and requested that folage etc, be cut from the fences.
Mr. Yancey advised that the section of 01& Route 29 at Crossroads by the
colored church needs repairs. Mr. ~arner advised that this section is not in
the Secondary System and that a request would have to come before Bo.ad Viewers
before his department could make any improvements.
Mr. Yancey also again called Mr. Warner's attention to the parking problem
on the main route through Crozet.
Communication was received from Mr. John B. Simms, requesting that certain
roads in Camelot Subdivision be accepted into the Secondary System. The follow-
ing resolution was offered by Nm. Wheeler, seconded by Mr. Wood, and adopted by
the following recorded vote:
AYES: Eessrs. Garnett, Gibson, Pmulett, ~eeler,-~ood and Yancey.
NAY~S: None.
BE IT I~ESOLVED by the Board of County Supervisors of Albemarle
County, Virginia, that the Virginia Department of Highways be and is
438
hereby requested to accept into the Secondary System of Highways,
subject to final inspection and approval by the Resident Highway
Department, the following sections of roads in Section I, Camelot
Subdivi si on:
Camelot Drive - beginning at its intersection with Route
29 North and continuing for approximately 900 feet.
Dorset Court - beginning at its intersection with St. Ives
'i.'.~-~i. l~oad and ending at cul-de-sac, length approximately 800 ft.
St. Ives Road - beginning ~at its intersection with Camelot
Drive and continuing for approximately 1000 feet.
BE IT FURTFER BESOLVED that the ¥irginia Department of Highways
-~ ' ~ ~1~ ~ ~ ~. ,~ ~,. , ~ Dorset Ct. & St.. Ives Rd. and 70 ft. Camelot Drive
be and is hereby guaranteed a ~0 ft~/unobstructed right of way and
drainage easements along these requested additions as recorded by
plats in the Office of the Clerk of the' Circuit Court of Albemarle
County in Deed Book 4~0, pages 127 and 129.
Er. Gibson advised that site distance at railroad crossing
into ~est Leigh is obstructed by fence which is apparently located
on C&0 right of way. On motion by Er. Gibson, seconded by Er. Wood,
the County Planner was directed to observe this situation and if
in his opinion said fence is on the C&0 right of way, that he request
the C&0 l~ailway Company to take proper steps to eliminate this hazard.
Motion carried by the following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
The following resolution was offered by Nr. Yancey, seconded by
Er. Gibson, and adopted by the following recorded vote:
ATES: Messrs. Garnett, Gibson, Paulett, ~heeler, ~V0od and Yancey.
NAYS: None.
~VHEREAS, residents of Georgetown l~oad have requested that
street sign for Georgetown Road at its intersection with Hydraulic
Road be replaced; and
W~qEAS, such sign, to conform with State Standards, has been
purchased by the residents through the office of the County Executive;
NOW, THEREFOR, BE IT BESOLVED by the Board of County Super-
vi~sors of Albemarle County, Virginia, that the' Virginia Department
of Highways be and is hereby requested to install and; maintain the
above mentioned street sign.
Communication was received from Joan Graves, President of Berkeley
Community Association enclosing addendum to petition submitted for
consideration on August 19, 1971, and referred to the Planning Commission
for consideration. The addendum requested addition of "also the feeder
439
road on Dominion Drive shown in Section 1, Block t{, D.B. 337, pages 336-337,
be vacated". On motion by Mr. ~ood, seconded by Mr. Gibson, it was
ordered that the above be referred to the Planning Commission.
~otion carried by the following recorded vote.
AYES: ~essrs. Garnett, Gibson, Paulett, Cheeler, ~ood and Yancey.
NAYS: None.
The County Executive advised that at the time the Service Authority
took over all~ County-owned water systems, plans were made to extend
an 8" water main from Berkmar to intersection of Rio t{oad. As of
August 31, the fund balance of County-owned water systems was $49,737.70
and an additional $20,000 would be needed to cover this project. On
motion by Mr. Yancey, seconded by Mr. Wood, rules with regard to
second reading were suspended and the following resolution adopted
by the following recorded vote:
AYES: Nesars. Garnett, Gibson, Paulett, ~heeler, Wood and Yancey.
NAYS: None.
BE IT BESOLVED by the Board of County Supervisors of Albemarle
County, Virginia that $20,000.00 be and the same is hereby appropriated
to provide for extension of water line from Berkmar to intersection
with t{io
Communication was received from Harry Frazier III, Bond Counselor,
enclosing certain resolutions necessary for adoption in connection
with proposed School and Jail Bond Issues. After discussion of these
resolutions with the County Attorney, said resolutions were adopted
as follows:
On motion by Mr. Gibson, seconded by Mr. Yancey, the following
resolution was adopted by the following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, ~eeler, ~Vood and Yancy.
NAYS: None.
~4EREAS, the Board of Supervisors of Albemarle County desires
to retain the firm of Hunton, Williams, Gay, Powell and Gibson, Richmond,
Virginia, as its bond counsel in connection ~rlth the issuance and sale
of approximately $4,850,000 School Bonds and $500,000 Jail Bonds; and
'~REAS, the Board of Supervisors has received a disclosure by
Hunton, ~Villiams, Gay, Powell and Gibson pursuant to ~ection 3(a) (2)
of the Virginia Conflict of Interest Act of certain members and associates
of such firm, and spouses of members or associates, who serve govern-
mental, agencies other than the County;
BE IT I{ESOLVED BY THE BO]AtlD OF SUPERVIS0t{S OF AI,_'B'E,'N, ABLE COUNTY,
VIRGINIA:
440
1. Hunton, ~Villiams, Gay, Powell and Gibson, Richmond, Virginia,
shall be retained as bond counsel in connection with the issuance and
sale of approximately $~,8~0,000 School Bonds and $~00,000 Jail Bonds.
2. The agreement to retain Hunton, Williams, Gay, Powell
Gibson as bond counsel is a contract for legal services which, in the
~udgment of the Board of Supervisors, in the public interest should
not be acquired through competitive bidding.
~. This resolution shall be filed as a matter of public record
with the minutes of this meeting.
On motion by ~. ~heeler, seconded by Nr. ~0od, the following
resolution was adopted by the following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, ~heeler, '~.food and Yancey.
NAYS: None.
~]REAS, the County School Board of Albemarle County, ¥irginia,
adopted a resolution on September 13, 1971, d~termining the desirability
of undertaking additional school construction and improvements at an
estimated cost of $4,8~0,000 and requesting the Board of Supervisors
of Albemarle County to adopt a resolution to initiate the borrowing
of $4,8~0,000 therefor; and
'~HEREAS, the Board of Supervisors concurs in the proposal of the
County School Board;
BE IT RESOLVED BY T~. BOARD OF SUPERVISORS OF ~ARLE COUNTY,
VIRGINIA:
1. The foregoing resolution of the County School Board is hereby
approved in all respects.
2. It is hereby determined that it is advisable for Albemarle
County to contract a debt and issue its general obligation bonds in
the maximum amount of $4,8~0,000 pur~muant to the Public Finance Act,
as amended, to finance, together with any other available funds, the
cost of acquiring, constructing, improving and equipping school build-
ings and related facilities, including sites therefor.
3. The Circuit Court of Albemarle County, or the judge thereof,
is hereby requested to order an election upon the question of contracting
such debt and the issuance of such bonds.
4. The Clerk of this Board is hereby authroized and directed to
cause a certified copy of this resolution to be presented to the Circuit
Court of Albemarle County.
~. This resolution shall take effect immediately.
On motion by Nr. Gibson, seconded by Nr. 'Wood, the following
resolution was adopted by the following recorded vote:
AYES: ~essrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
BE IT l~ESOLVED BY THE BOAI~D OF SUPERVISGRS OF ~ COUNTY,
VIRGINIA:
1. It is hereby determined that it is advisable for Albemarle
County to contract a debt and issue its general obligation bonds in
the maximum amount of $~00,000 pursuant to the Public Finance Act,
as amended, to f~nance, toge~er with any other available I~&uds~ the
cost of providing jail facilitieS, to be undertaken alone or jointly with
one or more neighboring political subdivisions.
2. The Circuit Court of Albemarle County, or the judge thereof,
is hereby requested to order an election upon the question of contract-
'ing such debt and the issuance of such bonds.
5. The Clerk of this Board is hereby auth~oized and directed
to cause a certified copy of this resolution to be presented to the
circuit Court of Albemarle County.
4. This resolution shall take effect immediately.
On motion by Nfo Wood, seconded by Nr. Yancey, the following
resolution was adopted by the following recorded vote:
AYES: Nessrso Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
BE IT i~ESOLVED BY THE BOARD OF SUPERVISORS OF AL~ COUNTY,
VIRGINIA:
1. The resolution adopted by the County School Board of Albemarle
County on the l~th day of September, 1971, ~termi~g the necessity and
expediency oF borrowing Six. Hundred Ninety-Five Thousand Dollars
($69~,000) from the Virginia Supplemental Retirement System pur~suant
to Chapter 6, Title 15.i, Code of Virginia of 19~0, as amended, for
capital projects for school purposes, which is in addition to amounts
of $6~,000 and $90~000 previously requested by the County School
~'Board and approved by this Board, is hereby approved in all respects.
A certified copy of such resolution shall be filed with the minutes of
this mee ting.
2. A certified copy of this resolution shall be filed with the
Clerk of the County School Board.
3. This resolution shall take effect immediately.
441
4'42
On motion by Mr. Gibson, seconded by Mr. Yancey, the following
resolution was adopted by the following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, ~ood and Yancey.
NAYS: None.
WEEREAS, it is the feeling of this Board that referendum on
proposed bond issues should be held in conjunctio~ with a regular
election in order to save expenditure of funds required by a special
election;
NOW, TPr~REFOBE, BE IT RESOLVED by the Board of County Supervisors
of Albemarle. County, Virginia, that the Circuit Court of Albemarle County,
or the judge thereof, is respectfUlly requested to order that the
referendum on proposed bond issues be held on November 2, 1971, the
date of the general election.
Mr. Paulett requested that formal resolution be adopted in order
that the records clearly indicate the breakdown on the $4,850,000~00
needed for schools. The following resolution was offered by Mr. Paulett,
seconded by Mr. Wheeler, and adopted by the following recorded vote:
AYES: Messrs. Garnett, Gibson, Pautett, Wheeler, Wood and Yancey.
NAYS: None.
BE IT RESOLVED BY THE BOARD OF COUNTY SUPERVIS0t~S OF AI~BEMABLE
COUNTY, VIRGINIA, that the minutes of this meeting show request of
the Albemarle County School Board for Bond Issue in the sum of $4,8~0,000.~0
to cover the following items:
Southside Jr. High School
Albemarle High School Impr.
Red Hill Addition
Stony Point Addition
Purchase of Sites
Roads and Tennis Court
Vocational-Technical School
$2,600,000.00
i,105,000.00
170,000.00
150,000.00
250,000. O0
75,000.00
500,000. O0
At 10:00 A.~., the Chairman called for public hearing on Zoning
Requests am advertised in the Daily Progress on September 3 and
September l0 as follows:
(1) Z~P-170. Application of Walter A. Young to rezone 5.32 acres
from A~l to t~-l. Property located in Greenwood area at end
of private road intersectinE with Route 691. (Action deferred
8-19-71 pending cgmplete report on over-all plan for develop-
ment of property.)·
Mr. Humphrey reported that personnel from his office and the Highway
Department met with Mr. Young at the site. It.was found that the
road is. constructed off-center and alSO needs to be widened to 20
ft. and that it had been impossible to obtain the necessary right
of way from one of the landowners involved. Riss Ellen Nash, attorney,
appeared with Mr. Young and advised that this is not °nly a problem
for Mr. Young but for a number of other families living on the
road in question. The County Executive suggested that the matter
be referred back to the Planning Commission and Highway Department
not to be brought back to this Board until the matter is resolved.
However, it was pointed out that the acqtn[sition of the right of way
is the hold up and until this can be obtained, there was no point
in continuing with the matter. After quite a lengthy discussion,
Eiss Nash requested permission to withdraw the subject application
without prejudice. On motion by Mr. Wheeler, seconded by Mr. Yancey,
this request was granted. Motion carried by the following recorded
vote:
AYES:
NAYS:
(2)
Messrs. Garnett, Gibson, Paulett, ~heeler, Wood and Yancey.
None.
Z~P-175. Application of S. L. Corp. to rezone 26.09 acres from
A-1 to B-1, Property located on Route 250 ~est, near Routes
240 and 63~. (Deferred from 8-19-71)
Mr. Steve Helvin, attorney for the contract purchasers, spoke in
behalf of the applicants. Mr. Preston Stallings, one of the contract
purchasers also spoke as did Mr. Leroy Hamlet and Nr. ~Valter Smith,
attorneys for the current owner, George Durham. A Mr. Radford,
owner of a business across from the subject property spoke in
favor of the zone change, stating that the property was presently
deteriorating and was detrimental to adjacent property. He felt
new owners would improve the premises, thus benefiting surrounding
businesses. Mr. Humphrey pointed out that the present business
could be continued in the A-1 zone with a special permit. However,
the Planning Commission had recommended approval of the request
for Bkl. On motion by Mr. Paulett, seconded by Mr. Yancey, the
recommendation of the Planning Commission was accepted. Notion
carried by the following recorded vote:
AYES: Messrs. Garaett, Gibson, Paulett, Wheeler, ~ood and Yancey.
NAYS: None.
(3) 2MP-177. Application of B.E.C.A. Corp. to rezone 16.64 acres
from R-2 to R-3. Property located on Route 631 northeast of
Berkeley and Four Seasons.
Mr. Humphrey advised that the application had been amended to 11.64
acres and the Planning Commission recommended R-~' for a depth of
150 feet (that area abutting single family and patio homes) and
that the remainder be rezoned R-3. Max Evans, landscape architect,
appeared on behalf of B.E.C.A. Corp.. A number of persons appeared
in opposition and those s~eaking, included John Gibbs, Jo~Graves,
443
~rs. Steiger, Loretta Br..adiey and EliZabeth Rosenbt~a. Er. Daley
Craig requested a buffer zone from Four Seasons if approved. On
motion by Er. Gibson, seconded by Nr. Reeler, the application was
denied. Eotion carried by the following recorded vote:
AYES: Mess~s. Garnett, Gibson, '~eeler, Paulett, ~food, ~ud Yancey.
NAYS: None.
(4) ZNP-178. Application of ~endell ~ood to rezone 1.~ acres
~Tom R-2 to B-1 and 9.2~ acres from R-2 to R-3. Property
located on east side of Rio l~oad (Route 631) at intersection
of Hydraulic Road (Route 743).
Nr. Lloyd WOOd asked that the record show that he excused himself
from the meeting at this point since the applicant is his brother.
Er. Wendell ~?ood was present in support of his request. He
advised that a recent survey revealed the acreage on the smaller
tract to be 3/4 acres rather than 1.~ acres. Nr. George Cason, Real
Estate Agent, appeared in support of the request. Speaking in oppo-
sition were Joanne Graves, F~ancis ~artin and Elizabeth l~osenblum.
~r. Humphrey advised that the Planning Co~mnission recon~mended approval
as requested. ~otion was offered by Er. Yancey to accept the
recommendation of the Planning Commission. No ~eS~nd was received
to this motion. Substitute motion to deny the request was offered
by ~r. Gibson and seconded by ~Ar. ~heeler. This motion carried by
the following recorded vote:
AYES: ~essrs. Garnett, Gibson, Paulett and ~neeler.
NAYS: ~r. Yancey.
NOT VOTING: ~r. ~0od.
(~)= Z~-lS0. Application of Nary E. Schultz to rezone 2.0~ acres
from A-1 to R-2. Proper~t~ located in northwest corner of
intersection of l~outes 7BB and 789 in Crozet area.
Er. Eddie Bain, Jr ~ appeared on behalf of the applicaut. No one
appeared in opposition. Nr. Humphrey reported that the Pls~aing
Commission recommended that the property be rezoned to RS-1. On
motion by ~r. 'Wheeler, seconded by Pk~. Paulett, the recommendation
of the Planning Commission was accepted. The motion carried by the
following recorded vote:
AYES: ~essrs. Garnett, Gibson, Paulett, Wheeler, ~ood and~Yancey.
NAYS: None.
(6) Z~P-181. Application of Charles F. and Earjorie F. Sargent to
rezone 1.5 acres from A-1 to l~S-1. Property located on Route
743 approximately ~ mile north of intersection with Route 676.
Nr. Sargent appeared in support of his application. No one appeared
in opposition. Nr. Humphrey reported that the planning Commission
recommended RS-1 as requested. On motion by NAr. ~heeler, seconded
LYES:
NAYS:
by ~r. Wood, the recommendation of the Planning Commission was accepted.
Notion carried by the following recorded vote:
kY-ES: Nessrs. Garnett, Gibson, Paulett, Wheeler, 'Wood and Yancey.
NAYS: None.
(?) Z~P-183. Application of Eugene H. and Ethel B. Sandridge to
rezone 1.26 acres from A-i to B-t. Property located at the
intersection of Route 250 West and Route 240 at ~echums River.
No one appeared regarding this application. ~r. Humphrey reported
that the Planning 0ommission recommended approval as requested. On
motion by ~ir. Paulett, seconded by ~r. Wood, the recommendation of
the Planning 0ommission was accepted. Notion carried by the follow-
ing recorded vote:
Messrs. Garnett, GibSOn, Paulett, ~eeler, ~ood and Yancey.
None.
z~P-184. Application of Norris Bryant to rezone 1.8 acres from
R~.~ to A-1 Property located at the terminus of Route 6~1.
Mr. Bryant's Nother appeared on behalf of her SOn. No one appeared
in opposition. Mr. Humphrey advised that the Planning Commission
recommended denial of the request. However, after discussion, motion
was offered by Mr. Gibson, seconded by Mr. Wood, to approve the
application for A-1. Notion carried by the following recorded
vote:
AYES:
NAYS:
Nessrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
None
locate.
Application of Norris Bryant for Special Permit to
a mobile home on 1.8 acres of land located on l{oute 6~1.
Mr. Humphrey reported that the Planning Commission recommended
approval subject to 30 ft. setback from the road right of way and
Health Department approval of a septic system. On motion by Mr.
Gibson, seconded by Mr. Yancey, recommendation of the Pla~ing
Commission was accepted by the following recorded vote:
AYES: Messrs. Garnett, Gibson, Pautett, Wheeler, Wood and Yancey.
NAYS: None.
(10) Z~P-186. Application of the Virginia Department of Highways
to rezone ~.~93 acres from i{S-1 to A-1. Property located some
600 feet east of intersection of Routes 7~9 and 616 on Route
759 in Boyds Tavern Area.
Mr. Wheeler advised that he handled the sale of the subject property
and would not participate in the action. Mr. R. G. Warner, l{esident
Highway Engineer, appeared on. behalf of the Highway Department.
Mr. Humphrey reported that the Planning Department recommended
denial of tt~e request. However, after discussion with Mr. Warner,
motion was offered by Mr. Yancey, seconded by Mr. Wood, to grant
445
446
September 16, 1971
the A-1 zone as requested. Motion carried by the following recorded
vote:
El-ES: Messrs. Garnett, Gibson, Pautett, Hood snd Yancey.
NAYS: None.
NOT VOTING: Mr. Wheeler.
John Humphrey reported on the September 14th work session
on the proposed Comprehensive Plan and reviewed amendments recommended
by that session. The Public was advised that this Plan was to be
used as a guide only and not as an adopted blue print. Mr. Floyd
Johnson expressed appreciation to the Board and to the Planning
Commission and urged adoption. After discussion, the following
resolution was offered by ~r. '~heeler, seconded by ~lr. '~TOOd, and
adopted by the following recorded vote:
AYES: Messrs. Garnett, Gibson, 'Wheeler and Wood.
NAYS: Messrs. Paulett and Ys_uoey.
~IREAS, the Albemarle County Board of Supervisors has received
the Comprehensive Plan for Albemarle County from the Albemarle County
Planning Commission after duly conducted public hearings, pur~ant to
Title l~.l, Chapter ll, Article 4 of the Code of Virginia; and:~
WHEREAS, the Albemarle County Board of Supervisors having con-
ducted a public hearing on the Comprehensive Plan for Albemarle County,
held on Thursday, September 9, 1971, pursuant to Title l~.l, Chapter ll,
Article 4 of the Code of Virginia; and
WHEREAS, the Albemarle County Board of Supervisors is interested
in the orderly development of growth in Albemarle County;
THEtLE~, BE IT ORDAINED that the Albemarle County Board of
Supervisors hereby adopts the "Comprehensive Plan for Albemarle
County", as prepared by Mr. t{osser Payne, Planning Consultant,
with the intent to use the Comprehensive Plan for Albemarle County
as a guide only and with the following amendments:
AMEND~IF. NTS TO~.JLBEM~ COUNTY COMPREHENSIVE PLAN
Include, beginning on page 79 of the Plan, two new objectives
to read as follows:
A. Agricultural Objective.
.~ricultural lands are designed primarily to accommodate
farming and kind~ed rural occupations, while the basic aim
is to preserve and promote this utilization of the land, the
uses permitted are broad enough to allow development of residential
areas or it is recognized that certain desirable rural areas may
logically be expected to develop in this manner. It is the intent,
however, to discourage the random scattering of residential,
commercial, or industrial uses in agricultural districts.
Respect the values and objectives of forestry and agriculture
as an employment base; and as a means of defining and contain-
ing urban communities, while guaranteeing the preservation of
opmu land which establishes the character and beauty of
Albemarle County.
In order to effectively implement the Comprehensive Plan as
it relates to agriculture, a model ordinance for "special
assessments" of agriculture, forest, horticulture should be
adopted as soon as feasible.
Agricultural lands should be located in areas whose soils and
terrain are most conducive to such activity and the maintenance
of such land shall be encouraged.
September 16, 1971
B. Oonservation Obi ectives.
Conservation areas should be used to preserve the natural resources
and agricultural activity of the Gounty, including the natural,
scenic, and historic beauty of the County. These areas should be pro-
tected from commercial, industrial, and intensive residential
development.
Conservation areas should be classified according to their
natural resources, scenic, and/or historic value and appropri-
ate controls should be provided to encourage use and preser-
vation of these areas.
Respect conservation Values, including the preservation of
stream valleys, mo~uutain slopes, watersheds, areas of scenic
and natural beauty, and other open space areas.
Conservation lands should be designed in areas of poor soil,
rugged terrain, those prone to flooding, and the watersheds
of public water supplY impoundments. Conservation lands should
be designated for areas where natural scenic vistas are
deserving of protection.
In order to effectively implement the Comprehensive Plan as
it relates to conservation, a model ordinance for "special
assessments" of conservation areas should be adopted as soon
as feasible.
II~.~ Include the following statements or additional items to the Section
on "Goals" as found on page ~3 of the written text.
A. Respect the values and objectives of forestry and agricutttu~e as
an ~ employment ba se.
In order to effectively implement the Comprehensive Plan, the
forthcoming revised subdivision control, siltation control, and
zoning ordinance; the new site development plan control ordinance,
and a model ordinance for "special assessments" of agriculture,
forestry, horticulture, or open space real estate should be
adopted respectively, without delay.
III. Change the wording of Item 2(A) under Natural l~esource Objective to
read:
"The 100-year f~ood plains of stream valleys, as mapped by the U.S.
Corp of Engineers and the Soil Conservation District."
IV. Under "A Suggested Program of Action" on page 113 under Item i, change
the word "breeds" to read "encourages". This occurs in two places.
Under "A Suggested Program of Action" on page 114, add a fourteenth
item to read:
"Participate in regional planning and cooperation through Planning
District Ten to provide the most efficient use and preservation of
our natural resources."
Under "Historic Preservation Objectives" as found on page 76, add
a twelfth item to be worded as follows:
"The Town of Scottsville, having historical significance, is to be
protected and preserved as an asset to the State of Virginia amd
Albemarle County. To this end the County of Albemarle should assist in
all manners possible, the establishment of the "Town of Scottsville"
as an "Historic Area".
It was the consensus of the Albemarle County Board of Supervisors
that the following amendments be made to the "Land Use Map" and related
maps of the recommendei Compr.ahensive Plan for Albemarle County.
Remove from the map plan for future land use in the "Keswick Community"
all industrial proposals and the mixed industrial-commercial areas as
fo llows:
Nixed commercial-industry located on Route 22, bo~uded by the
C&$ l~ailroad. ·
447
September 16, 1971
The 200-ptus acres of light industr~'ai use located between Route
616, Interstate 64, and I~oute 250. The aforementioned acres to
be shown under the Agricultural Ls~nd Use classification.
l~emove iTom the map plan for future land use, ir. the "Scottsville
Gommunity", the mixed industrial-commercial land use; and relocate
said use as an enlargement of the industrial use shown south of
Scottsville, to be bounded by t~oute 726, the Uniroyal Plant, and
the low-residential land use designation.
Amend the P~blic Facility Plan, on page 108 to reflect a relo-
cation of the Scottsville Treatment Plant so as not to conflict
with the area's water ~upply.
Amend the description of public facilities serving Scottsvitle
to reflect the present owner~ship, that of the Albemarle ~County
Service Auth~.~ty. (Page 18 and 18 of the written text.)
III.
Amend the Land Use Eap of the "Scottsvitle Plan" to correctly reflect
the location of certain roads in the area as follows:
A. Show State Route 790 as it exists as of this date.
Show the correct alignment of State Route 20 as it leaves the
Town of Scottsville and enters the County of Buckingham via the
existing bridge structure.
IV.
Include in the written portion of the Plan the following stat;ement
which is to be placed on the page immediately follov~ng the cover
sheet:
"The Albemarle County Board of Supervisors and the Albemarle County
Planning Co~m~ission, in the adoption of this Comprehensive Plan hereby
indicate their intention to use the "Comprehensive Plan" for Albemarle
County as a guide only, and they hereby go on record as favoring; at the
present time, only those changes in the Zoning Eap that would establish
conservation and agricultural zones in confor~ty with the Comprehen-
sive Plan, "Land Use Nap" in areas zoned A-1 on the current Zoning
Eap. Further, that those portions of the County currently zoned other
than A-1 and those areas designated as "Village Communities" and "Urban
Areas" on the "Land Use Eap" will not be considered for rezoning as a
necessary consequence of adoption of the "Comprehensive Plan", but
may be considered later by following the procedure indicated by State
Law and which is indicated in Article 14 of the County Zoning Ordinance.
The Comprehensive P!mn, exclusive of the foregoing amendments, shall
be attached to the inside cover of Einute Book 8 and reference to page 446-48
m~de on the cover of said Plan.
At this time, the Chairman called for continuation of hearing on
proposed Soil Erosion Ordinance. Mr. Bourne ~ayland requested the County
Attorney to report for his committee. ~ltr. Earshai! advised that the major
change~was based on an opinion from the Attorney General that the County
could adopt such an ordinance only as a part of a subdivision or land
development ordinance. ~. Page Higginbotham, attorney representing Nr. James
· illiams, appeared in opposition to the ordinance as proposed. Nr. ~illiams
also presented a petition. Mr. Skip Eggleston also questioned its legality.
Mr. Robin Lee requested that the committee's ~nority rsport also be
recorded. After considerable discussion, the following resolution, as
prepared by the County Attorney, was offered by Mr. Gibson, seconded by
Mr. ~good, and adopted by the following recorded vote:
AYES: Eessrs. Garnett, Gibson, Paulett, ~heeler, Wood and Yancey.
N~2fS: None
449
;~HEREAS, it is the intention of this Board to consider at its October
meeting, the adoption of an ordinance to assure the orderly subdivision of
land in Albemarle County and its development, and especially to control
soil erosion and sedimentation;
NOW, ]~E IT PuESOLVED that this Board hereby requests the Albemarle County
Planning Commission to prepare and recommend to this Board at its October
meeting a Land Subdivision and Development Ordi~uance for this County, which
ordinance shall include not only regulations to control the subdivi~ion
of land, but also regulations to control soil erosion and sedimentation
upon all non-agricultural land in the County;
AND FURTHER iLESOLVED that the Planning Commission is also requested
to avail itself of the results of the studies made during the past three
months by the citizen's comm:ittee appointed by this Board to study the
problems involved in control of soil erosion and sedimentation and to
propose solution for such problems;
AND the County Planner and County Attorney are hereby directed to
prepare and 'submit to the Planning Commission a proposed Land Subdivision
and Development Ordinance based upon the present County Subdivision Ordinance,
the recommendations of the citizens' committee and upon the recent opinion
of the Attorney General of Virginia and to give public notice as required
by law of the Planning Corn.mission' s consideration of the same and of this
Board's intention to adopt the same, subject to the Planning Commission's
recommendations, at the regular meeting of this Board on October 21, 1971.
AND this Z~ard hereby expresses its appreciation to the members of the
citizens' committee for the hard work which they have devoted to their
deliberation ~;~
The Chairman apologized for delay in zoning hemrings scheduled
for 1:30 P.~. caused by previous matters on the docket taking more
time than had been anticipated. Zoning Hearings then proceeded as follows:
(1) SP,136. Application of Frank A. Harris for Special Permit to
place a mobile home on 4.4 acres zoned A-1 and located on Route 728~
~Lr. Harris appeared in support of ~s application. No one appeared in
opposition. ]~. Humphrey reported that the Planning Commission recommend-
ed approval subject to 100 ft. setback from Route 728 and Health Depart-
ment approval of septic system. On motion by ~NLr. Wood, seconded by
Nr. Gibson, the recommendation of the Planning Commission was accepted~
~otion carried by the following recorded vote:
AYES: ~essrs. Garnett, Gibson, Paulett, Wheeler and Wood.
NAYS: None.
ABSENT: NLr. Yancey.
(2)
SP-126. Application of Thomas G. BeaBly to locate a mot~.'~e home
on 3.13 acres on l~oute 800, one quarter mile north of l~oute 602.
No one appeared in connection with this application. Nr. Humphrey reported
that the Planning Co~nission recommended approval subject to 100 foot
setback from Boute 800 and Health Department approval of septic system.
On motion by Nr. Gibson, seconded by Nr. Wood, the recommendation of
~he Planning Commission was accepted. ~otion carried by the following
recorded vote:
A~S: Nessrs. Garnett, Gibson, Paulett, Wheeler and Wood.
NAYS: None.
ABSENT: Nr. Yancey.
(3) SP-i29. Application of Louis Ramsey to locate a mobile home on
0.~ acres at the intersection of Route 6 and l~oute 630.
No one appeared with regard to this request. Mr. Humphrey reported that
the Planning Commission recommended approval subject to ~0 ft. setback
from Routes 6 and 650 and Health Department approval of septic system.
On motion by Mr. Paulett, seconded by Mr. Gibson, recommendation of the
Planning Commission was accepted. Motion carried by the following recorded
vote:
AYES: Messrs. Garnett, Gibson, Paulett, ~aeeler and ~¥ood.
NAYS: None.
ABSENT: Mr. Yancey.
(4) SP-131. Application of Evelyn Brown for Special Permit to locate
a mobile home on 1.01 acres near the intersection of Route 708 and 631.
Mrs. Brown was present in support of her application. No one appeared
in opposition. Mr. Humphrey reported that the Planning Commission
recommended approval subject to 100 ft. setback from Route 631 and
Health Department approval of septic system. ~ motion by Mr. Gibson,
seconded by Mr. Paulett, recommendation of the Planning Commission was
accepted. Motion carried bp- the following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, Wheeler and Wood.
NAYS: None.
ABSENT: Mr. Yancey.
(~) SP-133. Application of ~. J. ~ood for Special Permit to locate a
Gu~ Club-Shooting area on 3.9 acres in the Earlysville area just
off Route 660.
AND
(6) SP-134. Application of Jmmes Floyd Brown for Special Permit to
located a Gun Club-Shooting Area on 6.23 acres in the Earlysville
area just off Route 66~.
Mr. Humphrey advised that both of these operations had been in progress
for some time before zpplications were made for permit's and that con-
siderable opposition had been expressed at the Planner's meeting. He
reported that the Planning Commission had recommended denial of both
applications. Mr. Wood and Mr. Brown were present and Attorney George
St. John s~poke in behalf of Mr. B~own. Miss Alice Price, closest
neighbor to these operations advised that she had made numerous com-
plaints through the Sheriff's Office regarding the nuisance and hazard ~&
life. Also appearing in opposition were Mrs. Florence Breeding and
~f~. Thomas McLean of Arrowhart (formerly Panarama). On motion by ~.
'Wheeler, seconded by Mr. Wood, action on these two requests were deferred
in order that members of the Board can take a look at these observations
and it was ordered that all concerned parties be advised of the time
the Board would make this inspection. Motion carried by the following
recorded vote:
AYES: Messrs. Garnett, Gibson~ Paulett, Wheeler and ~,Vood.
N~kYS: None.
AB~: ~Ar. Yancey.
Nr. Charles Betts appeared ~d requested the Bo~d to adopt~reso-
lution in support of the c~rent UGF ~ive. The resolution as su~itted
was acceptable ~th the exception of the last p~a~aph. 0n motion by
~. Gib~n, seconded by ~. ~eeler, the re~iution, as follows, was
adopted ~oy the follo~ng recorded vote:
~S: ~es~s. Garnett, Gibson, Paulett, ~eeler
N~E: None.
~~: ~oY~cey.
~'~AS, the U~ted Gi~ers
~ive on October l, 1971; ~d
~AS~ the United Givers ~d presents ~ opport~ity to make a
contribution to the ch~ities ~d org~izations deserving of o~ support
on a one-time basis ~thout the necessity of repeated
~AS, the Board of ~pervisors of ~bem~le Cowry considers that
all of the agencies p~ticipating in the proceeds of the United Givers
~d ~e required to justify ~lly the needs ~on w~ch ~d allocations
are made; ~d
~AS, it is the opinion of the Board that the United Givers
~d is wort~ of support by all citizens,
N0~, T~~, ~ IT ~L~D by the Bo~d of ~pervisors of
~bem~le Cowry that the citizens of ~bemarle Co~ty are ~ged to
give their ~ll support to the ~d c~pai~ to be initiated on
October l, 1971.
~s. Karen ~iddle~tch registered complaint about discontinu~ce
of residential garbage collection in the Co~ty ~d requested that the
Co~ty consider taking over tr~ collection or at least adopt some
measles of re~lation. T~s matter was taken ~der advisement.
Co~cation was received ~om George Long, Executive Direc~0r
of the Virginia Association of Co~ties, calling the Board's attention
to joint conference in "~ver~ental Fin~cing in Virginia in the 70' s"
to be held at the Hotel Jo~ M~shall in Bic~ond on October l0 ~d ll.
Statements of e~enses of the Dep~tment of Fin~ce, the Sheriff's
Office ~d the Office of the Commonwealth's Attorney were su~tted
for the month oF August, 1971. 0n motion by ~. ~eeler, seconded by
~. ~food, these statements were approved by the follo~ng recorded vote:
~S: Eessrs. G~nett, Gibson, Paulett, ~eeler, ~d Wood.
N,~S: None.
~~: ~. Y~cey.
Statement of e~enses incited in the maint:~ance of the Co~ty
Jail was sub~tted along ~th s~y statement of prisoner days. On
motion by ~. Gib~n, seconded by ~. ~ood, these statements were
approved by the foito~ng recorded vote:
451
AYES: Messrs. Garnett, Gibson, Paulett, ~aeeler and Wood.
NAYS: None.
ABSENT: Nr. Yancey.
Reports of the Department of Public ~elfare were submitted for
the month of August, 1971, in accordance with Sections 63-67.1 and 63-67.2
of the Code of Virginia.
Claims of the University of Virginia H~spital were submitted in
the total amount of $772.32 for hospitalization of indigent patients
under SLH for the month of August, 1971. On motion by Mr. ~heeler,
seconded by Nr. Gibson, these claims were approved by the following
recorded vote:
AYES: Eessrs. Garnett, Gibson, Paulett, ~heeler and ~/ood.
NAYS: None.
ABSENT: Nr. Ymncey.
S.L.H. Report and Beport of the County Executive for the month of
August, 1971, were submitted for information.
Claim against the Dog Tax Fund was received from Nr. Guy Via for
2 ewes and 2 lambs killed by dogs. On motion by Nm. m~heeler, seconded by
Nor. Gibson, Nm. Yin was allowed $15.00 each for the ewe~ and $24.00 each
for the lambs. ~[otion carried by the follo~wlng recorded vote:
AYES: Messrs. Garnett, ~ibson, Pau!ett, ~aeeler and WOod.
NAYS: None.
ABSENT: Mr. Yancey.
l~eport of the S.P.C.A. was received for the month of Augmst, 1971,
and on motion by Mr. Wheeler, seconded by Mr. Gibson, was approved.
Motion carried by the following recorded vote:
AvES: Messrs. Garnett, Gibson, Paulett, ~hee!er and Wood.
NAYS: None.
AB,~.NT: ~'. Yancey.
Mr. 'Wheeler ~nquired about report of landfill committee. The
County Executive advised that values are being checked and he hoped
these would be available by the 28th.
Claims against the County amounting to $1,162 , 771. 53 were presented,
examined and allowed, and certified to the Director of Finance for
payment and charged against the folto~mlng funds:
Eeneral .l~evenue Fund
General Operating Fund
School Operating Fund
Virginia Public Assistance Fund
Capital Outlay ~and
Dog Tax Fund
Mental Health Fund
)¥,478.00
~8o 881.
72,774.
112,49!.77
2,2~9
453
Textbook Fund (Bental) 38,038~. 95
County Water Systems Fund ~.20
Town of Scottsville 1% Local ~Sales Tax 224.69
Commonwealth of Va. Current Credit Account ~ 22~.417.62
Total
$1,162,771.53
On motion the meeting was adjourned.