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1971-09-16 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.