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HomeMy WebLinkAboutVA197400029 Application 1974-07-26 Applicatn for Vari ar -. e or Special Exception • TO: THE ZONING ADMINISTRATOR, ALBEMARLE COUNTY, VIRGINIA /� 1 1RIANCE NO. 71-4 f The undersigned applicant is(are) the owner of the C . following described property: A PLAT OF THIS PROPERTY MUST BE ATTACHED HERETO AND MADE A PART OF THIS APPLICATION. GIVE LOCATION BY REFERENCE.TO NEAREST ROAD INTERSECTION. DIMENSIONS OF SITE MUST BE GIVEN. I/We - respectfully request the Zoning Administrator of Albemarle County, Virginia to grant the Variance or Special Exception stated below in the Magisterial District and described as County Tax Map Parcel containing acres and zoned . ,, . Applicant Signature Date The petitioner request that the Zoning Administrator grant: ir Ci ,/P �� 4,, • t The applicant make this request becaus V ( ,,-e ,, ,e-A fa_ y, tu)4 id- CV44 Action Taken by the Zoning Administrator: n Approved Denied t/ Signed ,(L�t, //pite,r- -- - ------ - TO: THE ALBEMARLE COUNTY BOARD OF ZONING APPEALS-- - -- - - - --— — ,t�,4,V(M h C.-..J(-' Ili -a'W“( Date 24 14 7 LiI/We 't(.tab4 i� '/�oN bfl,, hereby appeal the rul ng (if the` Zoning Administrator of Albemarle County on the foregoing application, and respectfully request a reversal of his decision by granting the request for a variance or special exce tion as stated above. Applicant Signature P Address Z4 ( /R:J' b I FA(l y S✓t /!e , ✓' . 2? `3 Phone Number 03— Le. 3 k ACTION BY THE BOARD OF ZONING APPEALS DATE APPROVED DENIED August 16, 1974 Albemarle County planning commission County Office Building Charlottesville, Virginia Gentlemen: I am informed that notwithstanding the outstanding appeal of Dr. and Mrs. Mosenblmm to the Board of zoning Appeals in which the appli- cabtlity of the category of "professional offices" to the proposed use i 9 submitted by *r. Worrell is an issue, and notwithstanding the provisions of Section 12-' of the zoning Ordinance ua .i�th�Plaan Coyea sin ion intendsds Planning Commission actions pending a decision on the app t to decide this evening whether or not the use of its option property as proposed by the applicant would be for "professional offices" allowable under the Ordinance in an A-1 District under such safeguards as the Commission W may specify for a Special Ilse permit. _ . . While protesting any action by the Comaission pending a decision a t on appeal, and noting an exception to any action taken by the Commission upon this application, I should like to include in this memorandum the reasons why my clients believe the Commission should reject the application. Point Mo. 1 to be borne in mind is that my clients do not consider fe, that a corporate headquarters office building of reasonable rise and .`� under reasonable safeguards would per se be objectionable in an A-1 District,. provided the Ordinance contained by' amendment a category for 1 such an office under a proper Special Use permit, but they contend very seriously that such an office does not qualify under any correct, or even customary, definition of the category "professional offices" as now used in the Ordinance. Moreover, since the category is in the plural, there is no safeguard against clusters of offices or large multiple office buildings. It is the extension of "professional office" to include "executive office", as a favorable decision on the present applicationshauld ttering amounto to, that is objectionable and would constitute a preoedent the whole intent of the zoning Ordinance. Although many activities of executives on a day to day basis would be similar to those performed by "professionals" in their employ, the Albemarle Comity si risg Commission August 19, 1974 page two. two groups. executive and professionals, aro tar apart in identity, and if the term 'professional' included an executive it oosld equally well include many other non-professional activities, such as funeral directors, real estate brokers, insurance agents, operators of health spas, building contractors, offices and storehouses for all sorts of distributors, instruction in dancing, skating, bowling, prise fighting, etc., eves gambling or rackets headquarters under some legal front. Peraaoont in any definition of a professional and an executive is the criterion that a professional applies an ac:yted art or skill for a fee or salary as an aid to his employer, where, an executive applies his art or skill for himself or for the company or group of which be is a part comer. in one ease the profeyioena) aidg, a$pthee, the executive .I uses such aid for his pot benefit,. the executive hires the professional. loth, of course, are bent on making coney, but the executive uses the professional for this.purpose. f ?his situation was amply illustrated by a 1970 (or thereabouts) pareoedent when Dr. J. a. Flinn sought to place a veterinary hospital in an A-1 District under a Special Use permit as a 'professional office", and the Circuit Court held, when the guestios vas tasted these, that although professional services would be performed in the proposed build- ing its primary use would be that of a veterinary hospital, a commercial venture. "'Animal hospitals" under special Use Permit later came in by Amendment. The '$tatuaMat of Iatmmt'>for as A-1 District discourages "the wisdom scattering of residential, commercial, or industrial uses is this type of districts. It can hardly be gainsaid that the primary purposes of the applicant's business is commercial in character, to make money for its owners. I am informed that the "staff report' epos this application con- eludes with "the opinion that the proposed use would tend to change the character and established pattern of development (that of a large lot residential use and agricultural aativit*'. It is Obvious that although the applicant is a parses be is acting ultimately for his corporation, Worrell aswspapers, Ise. Wherefore, my clients respectfully urge that the Flinn precedent be followed and that the applicant be requested to seek as amendment to the Ordinance rather than ask the Commission to extend an approved use category to a use obviously not within its meaning. Moreover, I feel that the authorities on coning support the position we have taken. Albemarle Pianniag fission Au It 14. 1974 page three The general rule is well stated is corpus Juris Secundum, Vol. 101. Section 14111 °The nature of the use or proposed use of the property by its owner is to be considered is soaneotion with the wording scope, and Latent of the ironing regulations in determining Whether a particular us is permitted or prohibited. The leaguer) of the regulation as to the uses laich are permitted oxidant are prohibited in particular districts will be interpreted according to the common and approved uses of languages without enlargement or restriction.' 1J •A soaring law may limit the use of land as well as the use of buildings. The erection of a building which is to be used in part for J a permitted use and is part for a use not permitted is a violation of ' the stoning ordinance.` t .r "words used is a Bening ordinance will not be extended beyond their ordinary meaning to include uses customarily incidental to uses permitted by the words". 101 C.J. $ 140. Again in appeal of Lawrence. 13 Chest. 43, Diceanial Digest 19s6- 19 6►, Vol. 34, p. 1000s •Accessory uses not specifically stated in a Booing ordinance as ' ' permitted professional Imes shall be Atudiaaceneris with the types of use named and the work •profession' implies professed attainments is special knowledge and not mere skill.• The point can be made that the Planning commission on any applics- tion for a special Use permit can circumscribe the p activity so that it will not be objectionable to the neighbor r the sowing intent for the area, but the soaiag regulations are t so wilt open that the Planning Commission can consider any application on an ad hoc basis irrespective of the category under which the application is made. Ob. the Commission must hang its decision on a permitted category, otherwise why have a Boning ordinance at all? The general intent for an A-i District is to keeping commercial activity out of it. *hat is •ca Brae• and what is •commercial•? Webster defines commerce as 'business intercourse', •e charge of merchandise on a large scale between different places or communities*. Commercial means "having financial profit as the primary aim'. The primary business of Worrell Newspapers, Inc., is the publishing and sale of newspapers among many communities. Advising its subsidiaries is, of course, involved, but the ultimata purpose of the executives in Albemarle Plania ommission `4,01+` August 16, 1974 page four the corporate headquarters is to do whatever contributes to a profit. True, they may earn salaries, as the processionals employed by them earn salaries or fees, but their primary aim is to make money for the corporation, of which as stockholders they are the owners. The dis- tinction between *management' and "labor' is industry is well recognised; so is the distinction employer and employee in Worrell Newspapers. Inc. -- the executives are the employers and the pro- fessionals are the employees. It is immaterial that some of the executives may be lawyers and may give free advice to the corporation. Sy the�' �, foregoing standard an office for executives and professions mould be in essence commercial. As Webster defines profession' and 'professional" the key is that the application of skilled knowledge is to uses Loa: others !IL vocation.as disti nguished from its pursuit for one's awn purposes. Sim definition ' 7;; of "profession' is "The culling or occupation which one professes to understand and to follow; vocation; specifically, a vocation in which a professed knowledge of some department of science or learning is used by its practical application to affairs of others, either in advising, guiding, or teaching the, or in serving their interests or welfare in the practice of an art founded on its. Wow, let us examine the definition f ition relied upon by the County's Attorney as supporting the applicant's eligibility for the Special Use Permit, namely, the definition appearing in Anderson's American Law of Zoning. I quote it below with my own underlining, y 'Prolemrioaal office• theoffiare of a ed la oc upa tian vocatin lling se or agricultural in which a professed knowle dge or skill in some id department of science or learning is used in its practical application 2Satilio either advising or guiding them in serving interns or cal re through the practice of an act founded The underlining shows the inapplicability of this definition to the proposed use by Worrell Newspapers, Inc. The definition applies to a person, not to a corporation. A corporation is not a professional, although many professionals nay serve and guide it. Although the application is is Mr. Worrell's name as a person, it is admitted that one* obtained the Permit would be assigned to and be used by his corporation. A professional's calling is not *purely commercial", whereas, a business corporation's ultimate purpose, as in this case, la profit, • �rYr v Albemarle plaanlag Commission August li, 1974 page five and that in essence is purely commercial. A professional's knowledge or skill is some department of science or learning, Whereas, a corporation as suah'is only • business entity. The professional's application of his professed knowledge or skill is to the affairs of others, his employers, the corporation--he serves their interests, whereas, a corporation serves its own interests. Respectfully, 111!C sum Mernard P. Chamberlain, Attorney for Mervin and i l isabeth Rosenblum. 4 } } J 'store 'tore LAW OFP'I C ES PAXSON, SMITH, BOYD, GILLIAM & GOULDMAN INCORPORATED 500 CITIZENS COMMONWEALTH CENTER CHARLOTTESVILLE,VIRGIN IA 22902 C.ARMONDE PAXSON MAILING ADDRESS: P.O.BOX 1151 AREA CODE 804 WILLIAM MASSIE SMITH T MUNF"O RD BOYD 7 C (� August 15 , 1974 TELEPHONE 296-Z161 - GEORGE HARRISON GILLIAM W.CLYDE GOULDMAN,II FRANCIS L. BUCK LINOSAY G. DORRIER,JR. Albemarle Planning Commission Albemarle County Office Building Charlottesville, Virginia Gentlemen: The Albemarle County Planning Commission is currently considering an application by Worrell Enterprises for a special use permit encompassing approximately 4.4 acres of the property known as Round Hill , currently zoned A-1 , to be used as professional offices. This permit would allow the top management and corporate officials of Worrell Enterprises to establish their offices in the existing main structure. There is some confusion about what constitutes a "professional office, " caused partially by the failure of the zoning ordinance to define this term. However, a workable definition, according to the County Attorney, is provided in the American Law of Zoning, Vol. 2 , Sec. 12.11 , p.526 : PROFESSIONAL OFFICE: the office of a person engaged in any occupation , vocation , or calling, not purely commercial , mechanical , or agricul tural in which a professed knowledge or skill of some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded thereon. There is no clearcut litmus test for determining which occupations qualify as professionals. However, the executives of Worrell Enterprises do satisfy the threshold requisites outlined in the foregoing definition. Worrell Enterprises is not a purely commercial establishment, inas- much as it does not engage in the exchange of goods , production or property. The management executives, legal personnel , PAXS&Iy; SMITH, BOYD, GILLIAM & GOI, MAN INCORPORATED Albemarle Planning Commission Page two August 15 , 1974 and data processing experts are collectively engaged in an enterprise in which management, legal , and accounting advice and guidance are provided to at least 32 newspapers across the country. The occupation of the persons working for the Worrell firm will be to apply their respective "professed knowledge or skill" in some area of accounting, legal managment or journalis- tic learning to the affairs of these newspaper operations, "either advising or guiding them. " Regardless of the definition used, that definition must be applied in a manner consistent with the policy and objectives of the Zoning Ordinance. The goal of any good zoning ordinance is not to distinguish among occupations on the basis of labels, but rather to determine the acceptability of such occupations on the basis of their physical nature and requirements. it is not the intent to keep out a certain type of working person, but to protect certain areas from land uses inconsistent with the realitites of the surrounding existing uses. One may suppose that the framers of the ordinance were hopeful that professionals would conduct their business in a way that protects the rural character of the A-1 district. The ordinance, therefore, seems to use "professional" as descrip- tive of those office uses whose physical requirements and daily business activities do not conflict with the purposes of this district. Certainly, the physcial requirements of offices for corporate professionals have no more adverse effect on the rural environment than physically similar offices of legal or medical professionals. The concern has been articulated that including executive offices within the definition of "professional offices" would somehow establish an undesirable precedent which would lead to intense commerical development of A-i districts. However, proponents of professional office uses do not now justify their applications for special use permits by simply alleging that the proposed use will be by "professionals. " On the contrary, the true test of the acceptability of an office use is its physical nature and accompanying site requirements. Just as medical offices located in a large multi-story medical clinic would not be consistent with the intent of allowing "professional offices" in an A-1 district, executive offices located in a similar structure or accompanied by a technical trade or retail outlet would be equally unacceptable. Recognizing executive offices as included within the meaning of "professional offices" does not obligate the county to accomodate inappropriate PAXS6ra, SMITH, BOYD, GILLIAM & GOOLehl5MAN INCORPORATED Albemarle Planning Commission Page three August 15, 1975 executive office uses within A-i districts any more than the county is now obligated to accept proposed medical or legal professional offices which, due to size or the nature of the proposed physical structure, would be inconsistent with the intent of the A-i district. The fact remains that all special use permits are now, and would remain in the future, subject to whatever site plan requirements the Planning Commission and the Board of Supervisors believe to be necessary, whether the permit is being sought for an executive ' s office or a lawyer' s office. It would be futile and counterproductive to engage in an unresolvable debate about the endless definitional possibilities of the term "professional office" . All the parties involved in this matter should be more concerned about the definition of planning goals and the application of such to the possible uses of land in A-1 districts. As such, the real issue to be resolved is whether the proposed use of the 4 .4 acres in question would be inconsistent with, or destructive of, the { area surrounding Round Hill. We are confident that the plans for this property, which were detailed at the August 5 , 1974 hearing, demonstrate that granting this special use permit would protect the aesthetic character of this property from the uncertainties of future growth in Albemarle County. Respectfully, PAXSON, SMITH, BOYD, GILLIAM & G/OULDMAN, INC. By: W. GJ cc : George R. St. John, Esquire RECEIVED AUG 1 C 1974 v1411 O 4c.� B��q 00 r . �'< Cif- (47)- Office of County Attorney GEORGE R. ST.JOHN 416 PARK STREET X) 3 t C CHARLOTTESVILLE, VIRGINIA 22901 296-7138 August 12, 1974 Mr. John L. Humphrey County Planner ' Albemarle County Planning Dept. 411 East High Street Charlottesville, Virginia 22901 RE: T. Eugene Worrell Dear John: In my opinion, the Planning Commission may proceed to hear this case on its merits regardless of any action of the Board of Zoning Appeals. The latter body has jurisdiction to entertain appeals from "any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this ordinance. " Zoning Ordinance, §12-2-1. Mrs. Miller ' s action in dismissing the first appeal was proper in that, since the Zoning Administrator has no power to grant a special permit, her opinion as to whether or not Mr. Worrell ' s application falls within the terms of the ordinance was purely advisory and therefore not a "decision or determination" within the terms of the ordinance. Thus, whether or not the dismissal of the first appeal constituted a "decision or determination", the only issue on appeal would be the procedural question, and the Board of Zoning Appeals would still have no jurisdiction to hear the appeal on its merits since this is a matter speci- fically reserved to the Board of Supervisors by §11-13 of the Zoning Ordinance. Mrs. Miller has all our correspondence on this subject in her file. Sincerely yours, - '? George R. St. John County Attorney FWP:klc RECEIVED AU! I 4 1A74 • ‘ N.cy OF ALezA, 00 ��F J1i P/Ark2P";1 vla COUNTY OFFICE BUILDING CHARLOTTESVILLE, VIRGINIA 22901 MEMORANDUM DATE: August 7 , 1974 TO: Mr. George St. John , County Attorney FROM: J. L. Humphrey, County Planner SUBJECT: SP-37A T. Eugene •Worrell At the Planning Commission meeting of August 5 , 1974 , the staff presented SP-374 in the name of T. Eugene Worrell with plans of a corporate office on property known as "Round Hill" , We stated that as far as the staff was concerned , the applica- tion as applied for was legally before the Commission for action on its own merits irrespective of the opposition 's contention that they had applied for an appeal from a decision of the Zoning Administrator which was ultimately denied . However, in view of a second appeal on behalf of the opposition to appeal the denial of the first appeal , the Commission became somewhat concerned . Both Mrs . Miller and myself could not explain what impact the second appeal might have on taking positive action on the special permit . Therefore, the Commission has requested that they receive all written communications between you and Mrs . Miller and in addi- tion, your opinion with reference to the second appeal as applied for by the opposition. The Commission has directed me to request that both you and Mrs .Miller , in addition to providing written informa- tion regarding this matter , be present at their August 19 , 1974 meeting which will be held at Piedmont Virginia Community College , at 7 : 30 p .m. We would appreciate your earliest interest in this matter . JLH:bjm cc : Mrs. Ruth Miller . Mr. David Carr Chamberlain and Scott f ; Attorneys at Law 224 Court Square ', : Charlottesville, Va . 22901 August 6, 1974 Mr. George St. John 416 Park Street Charlottesville, Virginia CDear George: Re: T. Eugene Worrall. During the past two weeks I have tried several times to talk with you before taking any action in the above case. However, you have been too busy to return my calls. This, I think, is unfortu- nate, because you have talked about my actions with Mrs. Miller and r1 with Mr. Gouldman after I have acted, and I believe much of our present difficulty could have been avoided could we have discussed the case ahead of action. J I would like very much to talk with you now regarding the present situation. Please be good enough to try to find a few minutes avail- able il- able for a brief conference. Perhaps the appeal procedure is not clear in the Zoning Regulations,D and I would like to know if we understand it differently. The real question seems to be: who in the absence of a definition of "Professional Offices" in the Zoning Regulations has the final word (short of court action) in deciding what this term means, and at what stage in the decision process does an appeal to the Board of Zoning Appeals lie? As desirable as a nice corporate headquarters of a single company may be, even for an A-i District, there seems to be no category in our present zoning Regulations for it. An executive office is not a pro- fessional office as Webster distinguishes between "executive" and "professional" (so far I have found no zoning case on the direct point) . However, by way of precedent, Judge Waddell held in the Dr. Flinn case of a few years ago, that an establishment to be used primarily as a veterinary hospital could not be classed as a professional office because subsidiary professional office work would be done in it. Our present case, it seems to me, is one clearly calling for an amendment to the Zoning Regulations to add "corporate headquarters" , or some such term, to the Regulations with proper safeguards as to space, number of personnel and protection against multiple office buildings (large stone, steel and glass structures) . BPC:nm RECEIVED A08 0 7 1974 Sincerely yours, /s/ Bernard P. Chamberlain 1 ADDENDUM Re: Application of 1'. Eugene Worrell to Albemarle County for Special Use Permit May 18, 1974 Professional Offices. , It is the desire of applicant to use the main residence building at ROUND HILL as offices for the higher echelon of professionals (legal, accounting, data , processing and executive) related to publishing in multi-state operations of some twenty or more newspapers. Personnel: A minimum staff of ten, a maximum of fifteen, is anticipated. There is no plan to change the main residence character or the 4.4 acre site. The 115 acres surrounding, plus 62 acres opposite, will be utilized in agriculture- livestock to maximize the pastoral environment from its nearly 200 acres SUrro111(171111 the main residence. ROUND 1Ill,L is under contract of sale from William A. Reynolds et al to T. Eugene 'Worrell. On passing of title deed restrictions will allow use of present residence for office use inasmuch as option also held on Mr:,. Derwood Chase's 62 acres opposite will allow removal of deed h( striciions that would otheiwise conflict with applicant's use. '1'. rugenne Worrell 1, E i ..,yf ,.. :.--- --_- ,. rc+ca,a 4%.w:�a....ex�_,,..,,,,,aa#b.,mite...A,-.1,.,4,a......wa..'si41c...:.f..,a.,..ti4.....'.....,,� .,,.,..... § 54-872 § 54-873 PROFESSIONS AND OCCliPATIONS § 54-876 red to the Sec. Sec. Director. 54-884. Bylaws. 54-892. Personal liability of associates; lia- `• 54-885, Employees. bility of association for acts of d 54-886. Professional relationships between associates,etc. beginning persons not affected. 54-893. Suits by and against association; above as it 54-887. Duration of association. service of process. . 54-888. Ownership of association; transfer 54-894. How association dissolved. of certificates of ownership. 54-895. Application of assets on d:ssolu- 54-889. Redemption of interest of associate tion. violating or deceased associate. lJOiried as 54-896. Deeds of association. 54-890. Termination of employment and 54-897. Taxation of income and property. (1952, c. interest of associate becoming 54-898. Revenue licenses. legally disqualified. i 54-868.1 to 54-891. Purchase price of interest of asso- ciate. § 54-873. Short title.—This chapter may he cited as "The Professional teeedings Association Act."(1962,c. 277.) 'al equity Cross references. -- As to professional Law Review. ---- For article on whether the 1join any corporations, see §§ 13.1-542 to 13.1-556. As to Virginia Professional Association Act provides se hoards merges' of professional association into relief for the underprivileged,sce 48 Va.L.Rev. violation professional corporation,see§ 13.1-545. 777(1962)- ;1C Of theThe numbers of §§ 54•47 3 to 54-898 were } e alle t,rry;t assigned }_; the Virginia Code Commission,the .. 1.�().} 1962 act having assigned no numbers. 'c'e and § 54-874. Definition.(,.--As used in this chapter, unless a different meaning .:I not he is plainly required by context: ed of the (1) `i1,s.snc irate„means a member of a professional association.„ i . ijuncL on (2) L Jtr)(s,s oil means and includes the following (wenp:it:oils, licenses for scaring it the practice of which are required liy pr0visions of Title 51 of the Code of "ti?lent is Virginia: architecture, profession al ('ligineE ring, land surveying, certifiedled 1 r iil17ilttliii! public uit:(3lll:tlng, d:'lltt I:;ty,0ptt)111C't,l y, practice Of t.hC'.healing;_IL`;, psychology, l :: shall he veterinary medicine,surgery and neon t} ", � (3) f o/es:siit.o (r! (,ssrxttatiof" ' means an unincorporated it ion and � tr ?.:�:=.,)C i;lt loll, as distinguished from a partnership or a corporation, organii•ed under the provisions of this chapter fur th rile purpose of car rying on a profession It shall in (2)above. as ;'t']ri any fP,'oJ�'•�sima?i s£'t"('J •('"means any type of professional servicewhich may be l(.; .,ll'v Ucrformed only pursuant to certificate Or license from a State "tment is examining board issued tinder the ie.isi(;tof the �• it' ofi ;o 5�a 8'i2 xa c.Y7'7' 't}6�, r :' . pi ]s of Title 5-t Virginia. ion annul ( �. ) ( g t,,.p i (1.);) , C;• .r,• ;e 1. �7vrlj-4?;:- Er?r�lzly,it;. -Any 11.E - i y three or more lildlvidti%il:;, (':;el) of t"horn hOlc':; a '-all!-I, unrcveh•,-r-d certificate or license t0 practice the sells(` profession within this Sta te, i 'sy Oi( 3n1ze a professional association for Hie purpose i of rendering professional services of the kind its associates are a othOrizsd k to reIlder and divid'r: '; the gains therefrom; lirovideri, however, that for the i purpose of this chapter, architl:• ts, professional engineers acid land sur- veyor:. shall be deemed 277.) to he practicing'int the same profession: (1962, c. i and with § Sc t J �j y tc l'E J. 1.r\.ie..sio;sal :5v: is }r.,<. 3 "e.. l . r l :atiu'1. .,a, x � E�'� to -ss"£;l;i{�s. ':'&a O:t.•y t.�b3<():Ii`;�_( i=:"Fy' licensed 1 �?:ec;o:' ;; eni.;aghi:a -, isr, : 9.or aY; `,Ile - } hi —tyl rondo; M4) tin tLe(r. 1)1`olerslt} i- i �c�y• m ay prof�.'s r: services y through o fl{;ors, employ e; and agents, i ( t.si In •C.t'C':: (:ill}' licensed 01' otherwise legally r whoo('4;re th1 services ., y ant ori..ed to render 1 within this State, and shall not engage hi y business i and otherother thanrendering the professional service for which it was organised. (1962, c. 277.) , 1825 } . 1 l . . .,.. .. § 54-877 CODE OF VIRGINIA § 5/-1-8',Fil § 54-882 § 54-377. Articles of assotirJ;ou; conta(s, exitt,,',..oiCli a.ild interest as its acknotAedgment.—'-i'llo individuals dcaing to forio a proftsionbl r_;]:“.t6:'.ti,)11 01 her oblie-rit iot shall sign, and acknowledge be.foro a. person .-ut-hofizeil to te.ke ,o•any of IL orei acknowled;<monts in thiet 3tale,at tiCiiefi oi.'association, ‘vitich shall state: (g) To olf•ict 0 (1) The name of the association. ,iuties and fit,: til (2) The purpose for which the associ.etion is organi-4nd. Itt) To rred:e (3) The address of the principal office:of the as.tociP.tion. ol• ,:iii-1-1 (4) The names and .t,driresses of the individuals v:lio ar: to be the tt-i-icetti.:,,tes of affairs of z lie te; the organization. (i) To pe,: e (5) 'Foe number of directors cons',itritiug the iokial board of dir,,i-teiirs and eii.i.ring pl.a.ts, the natileS and addresses of the persons who are tu serve te: initial dile eines fled empleyecs. (6) if the duration of the association lit, not to be otTp:_tual, tile paeiotl of its (i) To ici,-otie duration. find to con tome (7) Such other provisions, not inconsistent with br,v, which the lesociates as.:;ociate, d;rf ma elect to set forth Lou the ragointion of the internal affairs of the Mt.:rest froen a; association.(1962,c.277.) (k) To ce:-, . (I) To hae,t :. § 5i-818. Same; fill:rig for V-2.:.!.-,n11 end vt.t41-1 :•:;,:t.:,,e;r! L.:tr”;er,:oe,.-siut of of the purpose Taxation.---The -1,rtieles of association, so signed anil er kno•.vlede-ed slelII he filed for record in the office in \el.ieh deeds Ore recorded III t tie cot:city or ,i 5A-SS2, 'e, • corporation wherein the business of the eseociation is to be contitacted, aid no pursuant to t- . profeesiontil association shall be deeinei-1 to be foemed iintil such arttieles of i i • • hecc , wiite:- +i.ors . . t:titsochttion are so filitil for record. A coo,,' it the article-, of pc:c.ot,Li ion :-;11,:ill be i he asso(te.n)a delivered promptly to the State Department of 'n.i.ttetion for filing. (1)62, e. d•rcisions on i ii 277.) esocitt.tiea wit: his being ail . § 54-879. Same; amendment.---Such articles of z-;:;(-)ciation may he which Ow amended at any time and from time to time by yeie tit two thirds of the that no prrsou associates at any regular meeting of associates or at a :-;•vcii-ti ineetite called orofessional s .! for that purpose, provided the amendment is executed itaii acknov,deilged by at icctors. The l' (.i least two thirds of the associates and filed for record ut the same mariner as the limh.ation, the I original articles are required to be lift!' for rer:ord. A copy of such amendment number --)C th: shall be delivered promptly to the State Dep;irtment of Tax.ation for filinp.,. (1962, association. Tl., c. 277.) to time by am § 5,1-880. Same; recording.—The clerk in whose office such articles of that a chang.2 :i s o association, or amendments thereto, are filed for record the same the article f in the book in which certificates of incorporation are recorded and shall receive tors, the numb( 2k. for such recordation a fee in like amount as that, required to be paid for the (1962,c. 7.7; 19 recordation of certificates of incorporation and amendments thereto, provided, § 54-882.1. }1- however, that in the city of Richmond and county of Henrico the clerks shall incorporation o record the same in the books in which certificates of incorporation were , adopted by a 1-: required to be recorded prior to January first,- nineteen hundred and absence of a byl fifty-seven.(1962,c.277.) the articles of ii an executive co § 54-881. Powers.—Each professional association organized under the the articles of provisions of this chapter shall have power: may exercise all (a) To have perpetual succession by its association name. Other coin mi (b) To sue and be sued,complain and defend, in its association name. adopted by a (c) To have an association seal, which may be altered at pleasure, and to use quorum is pee the same by causing it, or a facsimile thereof, to be impressed or affixed or in any manner reproduced. § 54-883. 0.i! (d) To purchase, take by gift, devise or bequest, receive, lease, or otherwise secretary and ti acquire,own, hold, improve, use and otherwise deal in and with real or personal desirable in the property,or any interest therein,wherever situated, in its own name. a director and 1 (e) To sell,convey, mortgage, pledge, lease,exchange,transfer and otherwise the offices of pr• dispose of all or any part of its property and assets. 54-884. By (f) To make contracts and incur liabilities, borrow money at such rates of the affairs of t 826 L....... .. .......... ...... . .. .... .. .... . . . .. .... . .. . .. . ... . .' -, , , .. .._. _. . .. . „. . .... r,,,r.",,,,,e,V.C171.11• - -,... - .,_-—. -.., . ,, -, " •..-,,%,,allingrirn 3 ,.... ,. ..,x.'.• ..... ,y„ '1esiHk++4ao.Ctsaa,.¢ .,�.. ;�,._.>Y?.e_ r .;. _ & IV 54-881 § 54-882 PROFESSIONS AND OCCUPATIONS § 54-884 and interest as its board of directors may determine, issue its notes, bonds and ociation other obligations, and secure any of its obligations by mortgage or pledge of all o take or any of its property and income. (g) To elect or appoint officers and agents of the association, and define their duties and fix their compensation. (h) To make and alter bylaws riot inconsistent with its articles of association or with the laws of this State, for the administration and regulation of the �iates of affairs of the association. (i) To pay pensions and establish pension plans, pension trusts, profit ors and sharing plans, and other incentive plans for its associates, directors, officers irs. and employers. )d of its (j) To insure the life of any associate, director, officer, agent or employee and to continue such insurance. after the relationship terminates, and no such sociates associate, director, officer, agent or employee shall be deemed disqualified by of the interest from acting in respect thereof. ,. (k) I o cr<?sc its association activities and he dissolved by its associates. (1) To have and exercise all power necessary or convenient to effect any or all rent of of the purposes for which the association is organized.(1962,c. 277.) ;}fall be only or § 54-882. Board of directors.--A professional association organized and no pursuant to the provisions of this chapter shall be governed by a board of ides of directors, which shall have the full management of the business and affairs of .hall he the association and cont inning exclusive authority to make management 1962 c. decisions on it.:, behalf, and no associate shall have the power to bind the association `.,'ithin the s•otia of its business or profession merely by virtue of his being an a 'sosiate. Tile articles of association may prescribe the manner in .r.y be which the `;heard of directors shall be chosen and the number thereof, provided of the that no pee not duly Iice n ed or otherwise duly authorized to render the . called p.'ofe;:,:i,)e,.' serfiro'i of I}„ err- ucinti,)i, shall be members of the board of d!- by :.t rectors. 'li}<' hoard of t'u'(z'SF)rc shall be not less than three. Subject to such • as the limitation, ih( itt:>0b. r or directors shall in' fisod by the bylaa\vs except as to the Ainent number of tie first board of director,;, \\hich shall be fixed by the articles of .. (.1962, >s Si;^.i'r..l ion. The number ('•r illreet(5's 1?!:.\' h'.' increased or decreased from time to time 1v _'in"ndtnf•r't of the h`:laws, Hite:rs the articles of association provide . ,ten of that a ell. i to in rile ninsi to of dirt'c'tnis eladi oe rondo only by amendment of same the •article r'c association. In the ab:;em e of a bylaw fixing the number of (lirec- receive tors, t.1::' is,"',`„ , sllal; 1':' d.„, saran as ihaat. suited in the articles of association. for the (1962,c. :',7 l; i9,1;6. c t,i'(.) ovided, § 5'f .SY..1. Excesutl, ' 'ittca ':n'i other conmihices.--If the articles of shall ine;)"li ._t.i,'Ii or the It}'ia \_t so provide, Om l-oal'd of directors, by resolution a were adopt`.i t;\' a'. majority C'' I lie number at directors fixed b'r the bylaws, or in the 'd and a'.1t5en±•('. ,ti b;lrwli:: ta,. n11l;?i•C'rUi directors, then e1 the number stated int. the art icl el ioeor; s,-i'.r , may desigt,nte two or Tonic directors to const.it.ute . on �isn->d;,'; cnie`nit,i, - \' 1>1:1,, to the oxi! .it, piovaled in such resolution or in :r the . theairt.i'•lo of incori .,,ion or the 1 la of the ci;�poration shall have and;l , may e:.arci's;:1i of the. ,t.n-, -it.y of the boat d of director,;. Othery otemitlecs ' Iliailod nut hot may be designated by a resolution adopt: :t lty a rfaj(aai•�\ :he di;r ter:: present at a meeting at which a Itouse } 1 or inquorit> . is iit''c rect. (i',`.t'.,c.dl•1 d f` l § ;%.;, ,1;, .Ian-......, '11.;., board directors shalt elect a president, a er'wiS^ secretor; and a trF es:.ti<. nd suet, ot`I officers and agents as it may deem r ''I of t}). a+.SSociaitioll The president shall be 'faUnaJ CI_'S11'> .'., in t.lE'. ('tili<,li:t of ti:F'. a.,.�...:;'�: . a director and any I,,•,i um' more officw1 may-be held lryy the same person, except terwms'e the of ice:,or p i'esidoat ;I.{,1 _•i et ary tit:. ,c.277.1 ates of § f;?'-d ';. Is4:\>la v,.,- -.1`I',e associates Ina,' adopt bylaws for the regulation of the affairs of the assor'ict ion or if such authority is given by the articles of 827 I , I I 54-885 CODE OF VIFGiNIA § 54-889 association, may delegate to the board of directors the power to nl: ,i"nt{ transferor ofst amend bylaws. The bylaws shall provide for the holding of i- ular ant r ,•i1 by 'h articles meetings of the association, the method of election of the trlf;i)1i ers of the .,:Lief{ eel-tale-es C of directors and of the officers of the association, the dates of the re,,,1:,1• 277.) meetings of the associates and Of the boas'+l of directors,(whi,ab regular ,teat.! os shall be held at least once in eacltheon ) year), method for �{ '1`t�i'tlil'i:ir.'r § ,'i's^:� of the respective interests ,+• ,nlnl,e;' .';' , : the values -1` ;); ;f t intf,res :; of the rtssoci:,�.;>�;, the � l �:t<°ll may cast at meetings of the associates, method ``) .''t' aity .,.a')ci le (• the or i p ass- and such other ' regulation t ;i% 'i1'.ilni the :)','I tb';: e , tse t `�- ,ler provisions for the regulation ^;)u i11?.?i'' ,n. , f' . ;?, . 1 U AS: ., i ,.ti;. :'f 1ta`. _'ii,.:i'(S .:i, directors o2 t the association as are not inconsistent with law and thy articles of aseeei:'i lote setii„,.tive, or at ticks of osseci' 5.4-885, Employees. --`lhe board , of directors may r'i?i.+,':'4;N, v.'hi�ti'yr r 1 s it deems n :or therl `vl') ! employees C'Cc'a:'2tI'" r� on of the business of the � ,v �^..r, _.. ,v carrying l Y � c.•, � ' association. i'`to employee shall d ,, . t;.:;.;at �` hr. render ')t'ui•. ,ion<+,{ .l`;i.. f'il}')53 ll;, ':n Only licensed or otherwise legallyalit.hori ed %r :'i` It lr;ili_' Cil::yil:tt; the St i ) realer such r- •;�{':",�:_;tatltt .. ;i•s'i:•fs t trt;i r. within ,. ate of Virginia, All of the �"; ;:,ci:l shall • in <tii1 the association. The board of directors s ho t fix the „" tfi'r:'1—'�iIC init.%;rt. hail , .•e the i';��,i� �;s amount and method of payment of compensation for .til of the ci't!ileyt.es and to set up § 5`-891. Pa. reserves or distribute excess ctii'i1ings to , lC'il of the asrecintos 111 prt`[ir)I ti'J71 to Of r. So?'i tt'on his;ownership in the a;aociation, (1962, e,27'i.) i) ji#t). Professional t°(:Ifitlt*n$13I;D."i +1t a'.. '3i I'sC. ,r vt :x t{A " di,-; ]I_t'+iilied i' r, )i zaiis.cV .---the atoll interest. provisions of this chapter shall not he C onstrued at a!!.or or a oat the professional relater' I, immediately , 1 relationship between a. pelstm furnishing pre t:;sional retvietts and the ..`4(1!'13ft' a person receiving such service, eitliel• wi!li respect to liability ari.iiitg out of such professional service or the confi';C?itiol rc'tatio1hta l�Cino) the nattIon inli:i)t,Il.(1! a' rendering the professional service and the i;e1 or1 ret'ai'.ii'; tench a'ut tonal (;life>U:=.e.l i iii , . service, if any, and all such confidential relationships en under tii? keys of § D-t-i392. le.'r this State, whether now in existence or hereafter eneetud, shall T'-main of nssociiites. inviolate.(1962,c.277.) *t'l:.uilally in,, 51887. Duration of association. -tfllor iiiiscaneitin Unless. thearticles of association supervision a:1 expressly provide otherwise, a professional association shall continue as a :' '.;t101l t.e separate entity, independent of its associates, for all out poses and for such rendered. i't°(t. Sue period of time as is provided in the articles of association, or until dissolved by a vote of two thirds of the associates, anti shall continue notwithstanding the 1>r't..onatly leal death, insanity, incompetency, resinnation, withdrawal, transfer of itie,eciatio ani4oeiation or membership or of interest, retirement, or expulsion of alit' one or more of the sh theinterest to any new agents r nlpl,l associates, admission of or transfer of membership or member or members, or the happening of any other event which under thewouldbe liabt laws of this State and under like circumstances, would cause a dissolution of a servants whit partnership, it being the purpose and intent of this section that such 277.) professional association shall have continuity of life independent of the life or , § 34_893. :.i status of its associates. No associate shall have the power to dissolve the professional a association by his independent act of any kind.(1962,c.27'7.) shown by its 54-888. Ownership of association; transfer of certificates of name under N4 ownership.—The ownership of a professional association shall be in the such associate associates and each associate shall be entitled to a certificate of ownership owore ffic incorpo; signed by the president and secretary of the association and evidencing the officer eor n dire proportional part of the association owned by him. Except to the extent and amdme provided in the articles of association or the bylaws, certificates of ownership § 54-894. I shall be freely transferable by any associate to another associate, or to other dissolved at f associates, or to any person who is not an associate provided such person is associates by duly licensed or qualified under the laws of this State to render the same kind with the prov of professional service which the association was organized to render, and such president and transferee shall thereupon become an associate in the organization and be office in whit entitled to participate in its management and affairs with all the rights of the the dissolutic 828 1 _ / .,. r%OsgW M § 54-888 § 54-889 PROFESSIONS AND OCCUPATIONS § 54-894 nake and transferor of such interest. Any restriction on the transfer of interest imposed id special by the articles of association or the bylaws shall be written or printed on all the board certificates of ownership issued to the associates. (1962, c. e regular 277.) meetings § 54-889, Redemption of interest of_associate or deceased associate, he values —A professional association shall have the power to redeem the interest of associate any associate (including any associate who has been expelled) or the interest of a bylaws, a deceased associate, upon such terms as may be agreed upon by the board of affairs of directors of the association and such associate or his personal repre- iociation. sent.ative, or at such price and upon such terms as may be provided in the ar- ticles of association or the bylaws.(1962,c.2'77.) whatever § J4-890. Termination of employment, and interest of associate becoming is of thelegally €?i:;€I�lalii:ed. —if a?]} associate of a professional association becomes e is duly legally disqualified to render in this State the professional services for which I services the association was organized, he shall sever all employment with and cs of the financial interest in such association forthwith.(1962,c.2'7 l.) aunt and to set up § 51-89t. Purchase price of interest of associate.—In the event the articles tortion to of association or bylaw: do) not fix the price at which the association, or its associates may purchase the interest of a deceased, retired, expelled or ed.—The disqualified associate, or a method of arriving at such in ice, then the price for such interest shall be the book value of such interest at the end of the month ffect the immediately preceding the death, vet irement, Cxpuk iuri, or disqualification of ;vices ant; t.11e a:iSC''t'.l?.i.:.`"", dete2'i1i111('.(l under gCilt'P::.11`' accepted accounting methods by an ]I; out of independent certified public accountant employed by the association for the :e person purpose.0 l.i,?,c. 277.) fessioi al E'. laws of � ! 54--,t''=`.'',. Personal liab:litl' cf assoei`:t.en; liability of association for acts remainof es�''•(iC'i£=`t:'::, etc.---An a-;SOf iitt of a professional assoC:iitt?on :ih'1}l remain personcll y ,and fully lii:hik! and accountable for any negligent or wrongful acts, or m15coadu(a eomraiited by him, or in' any person under his direct sUe1Ztion s e. and up r\i'.si +) control, while rendering professional services oil behalf of the we as ar e folr wh n such professional services were being i aSSU';i.`x',t(r to S.hL' j!.;i':;.1."i �: forsuch ? Suc' s , b i canon of being an associate, be ,olveu b;, render (.. cc <^.ss'x'.ia;. }.all r,ot ,olve the personally ,liable for any debts or eli:iit;., against, or the acts or omissions of the .dingassoclil t,iS orCtf allot":: f:GSUCl l?2, 01, ('rrltl} )yf C' Uf the association. bet the SfE;i' of associatioo shall be liable foe' the acts or o;nissions of its associates, officers, i'e of the ; �,}?Ci]t>:, employees, i-tisi i'\'f.iit_' t(> the SCti]!:' e`:tt;t�t. tU tt'liiCh a C°OI'p01'<`tt1On any nttt' ', 1, cis or Ulliis`,ions Of its officers, agents, employees and wool(] l): li si., for t... _.. �.. i1i r the servant \'.'Pile- the"r' at'e cii avged in cot r'yiug Oil the corporate business. (1962,C. i1ionofa 277.):at such le ]ifs or 2 .S l . xa ns..eciimtion" service of prof sS.—A i,'1- E,y`, r aL_ic'i i`t i Xi`t €>if,a_:i' mite the p'ofe:; iolia nsoc of i ii ` e sued tinder its association name as 1 C3. ,E; ;�t' sue C;lr•(r 1s,:.� shown }p:' 1'C='C(t:t� "! i 1 a(;i0s of . :"k(.c n and amendments tha°reto, or the 1�„ name tinri .i. which it El':^; 1';0Si11c , a_lid 11.i:)mcnt.. and executions against any ales E:; such ^,ifi`t10n shall }tint its rC";tl and personal property i't4' in like manner as if it were Li I1] the .i,,; •t,, . it t'f i , against such association may be served on any ri ner:hitidirector of ;:1<"1'?,^,;'•U`'I;atia; , hown by the said recorded articles officer or direc or ) t9 c. a7 l ;tom" ` t and<'.l.ti;f"'d1me its. (1_9(iZ ` extt')it. ..ner,41i1�) § ;."4;';. . How ;o•io ":` 4,ien di';i;oive, .--A professional association may be to ot lice dissolved ..st. any tln;c b, a vote of I no thirds in number and interest of its i,7 ,'b > e;oluti` adopted _t locating oc,ti Ig called and held in accordance :'I'SOl1 I:: aSSQP, `t!i'. ..1 r �"i] � • ime kind with the penvi s10 of tr;;Ir,vlaws. 1 copy of the said reoolution, certified,by the and such prat id. i,t nod secretary of the association` shall be Tiromptly filed in the clerk's and lie office in which the f:,r4 ietni; of association and arnell'.'tmuen t"S thereto are filed and is of the the dissolution shall be effective from the time of such filing. The clerk shall 829 _. ..,._... ..,,.- �.., a . 'amp, wale § 54-895 Cons OF WRGINIA § 54-900 record the said copy in the manner articles of asseciatien are reetnir;,1 individuals a recorded and shall receive a like fee for the recerjation thereof, (196'2,C. ecjuaLotrez. ser.p'.einent § 5,1-895; the event or ,‘ aeop•-cpriate I dissolution of a professional as iocia.tion, tha ;-aierd ef dirititers, truete,s iznyielments the property .1.11c1 assets or associa6,1, 11 apply `.1.5S01:-; fir tr: ;;. . i payment of debts of the assecktion, and ;;;;eend, to or nifnerg hi; :;.-issret„s, !-the articles or associal ion shall provide.LI c. o1herwtse req; IA) "Board' § 54-89.3, Dzelje of eeisee,..:2;t7n.tu,---Ali dte:ils of priife-t.iooal asiTite: A d.einistrato; shall be executed in the manner requinel for the - -I' of ;) corporations by § 55-119 of the Code of \.;i:;e,inia and. sech cleed !,0 ) ',vita tee een recorde(1, the pkrson signing the name of 'Le nseociation ad.:now-Leib-a? th.i eniv iidual same in the to provided by § 1'.I'a;2 c. 277.) and § 54-8117. Taxatteq. e=f e.rtl erofeeional ions (c) "INTunii2?: organized under the provisions Of this elleeter, shall 1'eri...eie;!i ,...3 lie('risnd undet for income tax purposes and shall be i,tibieel. lo the peoeis'eee: of chalet. r 4 (:,$ Cole as amer 58-77 et seq.) of Title 58 of the Code ef entitled. "lokeenc therea insofar as these provisions are applicable to eorporatio5e3, and property °veiled owned or aebr by such associations snail he taxable in the itetual focal :n c,eil lob it may h pelt Lied su lab not as capital. 0962,c. 277.) § 54-893. Revenue licenses. —Section 42.255 of the Code of 7lep:1n1a, ore:eel:ion aft requiring a separate revenue license for te.e.h member of a firm or eompeeiy of 11OV operate persons practicing any profession or eali:ae; ;:vhich are"!d.`t.1.['d tit' laws of provisions of this State, sled( be applicable to ;umbels of professional eesociaLiore,, aid i n;st rator State or local revenue license shall be retio iced of any prefessional aseee.iation tine! of his as prerequisite to the rendering of profeesional services in this lotate, or any tics hut in no county, city or town therein; provided hoe,-(':or, that if any such county, city § 5;1-902, or town requires a revenue lirense for the privilege of pitetiel4,-, any pio.. administrator fessions to ,,vitich this chapter applies and licens., meesured gross chepter shall 1 receipts, the gross receipts of an associate of a proCeesi(1nal association shall consist of(1) his salary and (!),) such part of the to receipt of the asseciition § 54-903. (r remaining after the payment of salaries to all he associates as bears the same ti i ;Hon ratio to all such remaining gross receipts as his ownership in the association ,aroiners fo bears to the ownership therein of all the associates.(1962,c.277.) members, foe art! from pool) chronically ill CHAPTER 26. administrator NO IZMING HOME. A r)MMUSTRATORS. //5.) Sec. sec. § 54-904. A 54-899. Declaration of public policy. 51-907. Quorum of Board; special meet- 54-900. Definitions, ings. Governor. Tw 54-901. Administrator required for opera- 54-908. Compensation and expenses of mem- years; two sh tion of nursing home; operation hers of Board. years; and on after death of administrator. 51-909. Functions and duties of Board, shall be for te 54-902. Misdemeanors. 54-910. Qualificat ions for license, shall be for th 54-903. Creation and composition of State 54-911. Application for license; fce; exami- than two term Board of Examiners for Nursing nation;issuancn of license. Organizatio Home Administrators. 54-912. Expiration and renewal of license, with the care; 54-904. Appointment and terms of members 54-913. Reciprocity with other states. it b re of Board;removal;chairman, 51-91.1. Interim license, su m com 54-905. Rules and regulations. 54-915. Disposition of funds collected. the Board, bit 54-906. Performance of administrative du- recommended ties. The Govern incapacity or § 54-899. Declaration of public policy.—It is hereby declared to be the the cause for public policy of this State to provide for the development, establishment and The Board s enforcement of basic standards for the training, experience and education of 830 • APPLICANT'S LIST OF ADJACENT OR ABUTTING PROPERTY OWNERS • The Planning Department will list all Map and Parcel Numbers of Adjacent or Abutting Property Owners. Applicant is to then take this form to the Real Estate Office where personnel in that office will aid applicant in listing property owners and addresses of all Map and Parcel Numbers given below. Real Estate Office is to return blue copy to Planning Department. • Map Parcel Name Address c/o William A. Reynolds • Round Hill 45 44B Round Hill, Inc. 'Charlottesville, Va. • * Note.- This form is for REZONING, SPECIAL PERMITS, VARIANCES, CONDITIONAL USE PERMITS • Application Number VA-74-29 (SP-374) T. Eugene Worrell vN o At�Y OF ldl Gp • ,4" RAF tryt,-,:or op%... vL ,.,;,,,, ,, , 4.0/ Office of County Attorney GEORGE R. ST.JOHN 416 PARK STREET XAXx CHARLOTTESVILLE, VIRGINIA 22901 296-7138 July 26, 1974 Mrs. Ruth Miller Zoning Administrator Albemarle County Planning Dept. 411 East High Street Charlottesville, Virginia 22901 RE: Worrell Office Building Dear Ruth: I believe that under the present Zoning Ordinance the application of T. E. Worrell fits within the definition of "Professional Offices" ; however, I do not feel that my opinion should be forwarded to the Board of Zoning Appeals unless they ask for it, and in fact I feel it is in their exclusive discretion and judgment, now that the matter has been appealed, to decide this matter. Therefore, this letter is simply for your information. Parenthetically, there is a good definition of professional offices in Anderson' s American Law of Zoning. Sincerely yours, George/(R. Sty/John County Attorney GRSt.J:klc RECEIVED JUL 2 9 1974 r.rr CHAMBERLAIN & SCOTT ATTORNEYS AND COUNSELLORS AT LAW CHARLOTTESVILLE, VIRGINIA BERNARD P.CHAMBERLAIN TELEPHONE W. SCOTT (703) 295-4012 July 26, 1974 To the Board of Zoning Appeals of Albemarle County, Virginia County Office Building Charlottesville, Virginia Gentlemen: Re : Application of T. Eugene Worrell . I have today filed for Mr. and f4rs . Marvin Rosenblum an appeal to your Board of a ruling of the Zoning Administrator relative to the attached application of T. Eugene Worrell for a Special Use Permit for a location of "professional offices" on 4.4 acres of the Reynolds A-i property on the Hydraulic Road. First, I take the position that Mr. and Mrs . Rosenblum are persons "aggrieved" by the Zoning Administrator' s decision (Section 12-3 of Zoning Ordinance) because they are public spirited landowners of Albe- marle County and are instituting this action as a public service to have clarified what is not now clear in the Zoning Ordinance, namely, whether the special use applied for is for "professional offices" , a term which is not defined in the Ordinance . Their position is that action upon the application should be stayed until an amendment can be made to the Zoning Ordinance defining this use, or until your Board can rule on what such use permits . The applicant states in his application that it is his desire to use the property "as offices for the higher echelon of professionals (legal, accounting, data processing and executive) related to publishing in multi-state operations of some twenty or more newspapers" . Although the applicant is applying in his personal name only, it appears from a Daily Progress article in the May 19th issue, that Mr. Worrell is (or will be) Chairman of the Board of Worrell Newspapers, Inc . , and plans to move the "corporate headquarters" to this community in the late summer or fall. Thus, it seems quite likely that the proposed assignee of such use, if granted, will be a corporation and that the persons in charge at such "corporate headquarters" will be executives rather than "professionals" . True, there will undoubtedly be professionals on the staffs of the "higher echelon" executives, but the responsible users of the property will be primarily executives, who cannot come within any definition of professionals . Should his application be granted, the classification of "professional offices" might be extended to include a multiple professional building, %rw To the Board of Zoning Appeals of Albemarle County, Virginia July 26, 1974 page two . occupied by several doctors, several lawyers, several engineers, several beauticians, several prize fighters, etc. , etc . Surely such a use would be a far cry from the use contemplated in the "Statement of Intent" for A-1 District property (Article 1, Sec. 1-1) . Moreover, the "Staff Report" in this matter says that the request should be Eonsidered in the foregoing light and concludes : "Therefore, we are of the opinion that the proposed use would tend to change the character and establishtipattern of development (that of large lot residential land use and agricultural activity) " . Perhaps by amendment single or multiple office buildings in A-1 Districts will be authorized under special use permits, but I must respectfully maintain that they are not authorized, even by special use permits, under our current ordinance . Very truly yours, (fly kBPC :nm Bernard P . Chamberlain, Attorney for Appellants . § 12.7.1 American Law of Zoning 1 Piofes:iiolial ofilce• the office ,.i' a person engaged in a,-- 0a a principal ' cupation, vocation, or calling, not purely con .. , side building;lin mechanical, or agricultural in which professed l • edge or skill in some dep<a talent of ;ci;,c;c e or 1• public street is used by it:; practical application to the :atta:rs (,,,,. ,,•. f etia. c is 1; , Fattier advising or guiding them in s,er ing thk.'ii , or welfare through the practice of an <1,. i'.outaded , ' 12 cc2,0,ei' of i_lie 4• Public building: any building held, used, or cent;': ?': ;:' constructed, oi- elusively for public purposes by nay departn,, branch of government, state, CO'1inty, or 'municipal. t?:, f ca ant -with d. i ) out refere nce to the ownership of t e building (),' to .Vhole Of t realty upon which it is situated.13 .iiirciption of J-( ' Quarry' : a place, cavern, or pit where stone is ta':en • the rock or ledge, or (lug from the earth, for bui i:a: ! ::11=:,; stable: a1n • other purposes; a stone pit.14 for hire cithe:- i • Quarrying: the digging out of stone or slate from an _;,,aaa?:side stand: a• 8 excavation.' customers \vi;• and sale of Railroad r"igi t of way: a strip of land with, tracks and :,.. i iary facilities for track operation, but not iilc .:. : .. l ;,em:. any eucl(r freight depots or stations, loading platforms, train .;i., 70 square Lec s warehouses, car or locomotive shops, of car yard;." living purpo c: Rear yard: an open space, including driveways and pnH : age space, bat'! areas, unoccupied other than by permitted ac('c. -_ eellars, or bias buildings or uses, extending from the rear buil,lin,' ' - in a structur:a its perimeter 12. Little Rock, Arkansas, Zon- owner of his property ing Ordinance § -13-1 (1905). due process of law (c10u 17. Charlotte, Nor 13. Scotch Plains v Westfield, in case borrowed :fiovi ;; .�;;ing Ordinance 4 83 NJ Super 323, 199 A2d (373 Int Dictl. Re Kelso, 1-1 ('.c 12. The word "(• (1.964) (definition from Black's R7 Y 2•il (1905). �c above definition [ Law Diet). 15. Struyk v Samuel 1''., • In a state of m: Sons, 17 NJ Super 1, t25 A.: ; c have been son 14. A municipal ordinance 1951 affd 9 NJ 2'1 t. ; ,nie aetting ;pail which absolutely prohibits the ( ), opening or working of stone 201. ' ,i• a business or in( quarries within prescribed limits 16. Chicago, Illinois, ,l before it can . 1 is void, because it deprives an pal Code, Ch 194A has been design 526 t. 1 .v/ OFAL.9 .S p`_, X r r AFet Planning Department 411 EAST HIGH STREET JOHN L.HUMPHREY CHARLOTTESVILLE, VIRGINIA 22901 A.RUTH MILLER COUNTY PLANNER July 25, 1974 ZONING ADMINISTRATOR ROBERT W.TUCKER,JR. MARY JOY SCALA ASSISTANT COUNTY PLANNER SENIOR PLANNER • Mr. George St. John 416 Park Street Charlottesville, Virginia Re: Application for Proffessional Offices in A-1 Zone SP-374 T. E. Worrell Dear George: Even though we have verbally discussed this matter and you have indicated concurring with my interpretation , I would appreciate obtaining your written opinion . I have read the definitions,ini.ti.ons, as set forth in Section 54-874 of the Code of Virginia, and have attached herewith a statement from the applicant, Mr. Worrell,roll, as to his intended uses. Since it has been indicated to me by several residents near the subject property that they disagree with my inter- pretation and have cxr,'pressed intent to appeal , your written opinion prior to the meeting of the Planning Commission, at which this application will be heard-, would be appreciated. The 1 l to s ry is scheduled Planning C',o,.,,,mi_.:��...c�n to consider this appli- cation on Monday , July 29 , 1974, at 7 : 30 p.m. Sincerely yours, (Mrs. ) Ruth Miller Zoning Administrator RM/p l f Attachmernt. • • arm° �wY' ADDENDUM Re: Application of T. Eugene Worrell to Albemarle County for Special Use Permit May 18, 1974 Professional Offices. It is the desire of applicant to use the main residence building at ROUND HILL as offices for the higher echelon of professionals (legal, accounting, data • processing and executive) related to publishing in multi-state operations of some twenty or more newspapers. Personnel: A minimum staff of ten, a maximum of fifteen, is anticipated. There is no plan to change the main•residence character or the 4.4 acre site. The 115 acres sum rounding, plus 62 acres opposite, will be utilized in agriculture- livestock to maxin,i7e the pastoral environment from its nearly 200 acres SU1romiding the )nail residence. ROUND BILL is under contract of sale from William A. Reynolds et al to T. Eugene Worrell. On passing of title deed restrictions will allow use of present residence for office. use inasmuch as option also held on Mrs. Derwood Chase's 62 acres opposite will allow removal of deed restrictions that would othcm\\'ise conflict with applicant's use. 1 . I up,cnc Worrell