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HomeMy WebLinkAbout1976-12-15N004, December 15, 1976 (Afternoon Meeting) AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Not Docketed. Sheriff George Bailey was present. He stated that Mr:~Sam Berry,i~Pla~t manager of Sperry Marine Systems, had requested his office to help study the problems encountered by their employees in getting onto Route 29 after working hours. He examined the problem and found that most employees had to wait no long~n than twenty minutes. Mr. Berry has agreed to pay the salary of two off-duty officers from 4:00 P.M. to whatever time the parking lot is empty; this to be on a one month trial period. Sheriff Bailey said he is agreeable to the request for officers if.the Board also agrees. Dr. Iachetta said the Highway Safety Commission supports the recommendation of the Sheriff if County funds are not involved. Motion was then offered by Mr. Henley to approve the recommendation of the Sheriff with a report to the Board on January 12, 1977. Dr. Iachetta seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 6. Appointments: Blanning Commission. (Not Discussed) Agenda Item No. 7. Adjournment. At 6:15 P.M., at the request of the Chairman, motion was offered by Mr. Roudabush to adjourn into executive session to discuss personnel matters. Dr. Iachetta seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. The Board reconvened at 7:30 P.M. and immediately adjourned. December 15, 1976 (Night Meeting A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on December 15, 1976, at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia. Present: Mrs. Opal D. David and Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta and W. S. Roudabush. Absent: None. Officers Present: Mr. Guy B. Agnor, Jr., County Executive; Mr. George R. St. John, County Attorney; and Mr. Robert W. Tucker, Jr., County Planner. Agenda Item No. 1. 7:30 P.M. The meeting was called to order by the Chairman, Mr. Fisher, at Agenda Item No. 2. Public Hearing: SP-88-76. Victor R. Ray. To locate a shooting match on 3.86 acres zoned A-1. Property on south side of Route 738 north of Ivy Pulp Wood. Since the applicant was not present, Mr. Fisher suggested to wait until 8:30 P.M. to conduct the public hearing. Agenda Item No. 3. Public Hearing: An ordinance to amend certain precinct lines in the Scottsville and White Hall Magisterial Districts as permitted under Virginia Code Section 24.1-37 and to also amend and reenact Sections 6-2, 6-3, 6-4, 6-5, 6-6 and 6-7 of the Albemarle County Code. (Advertised in the Daily Progress on December 1 and 8, 1976.) Mr. Robert Tucker, Director of Planning, said a request was ,received from the Division of Legislative Services for all cities and counties to realign precinct and election district lines not following an easily recognizable feature. These changes are being made for the 1980 census. Albemarle County has three precinct lines which do not follow boundaries~ between Scottsville and Porter's Precinct, Covesville and Porter's precinct line, Free Union and Crozet lines. He then summarized the realignment as the staff had proposed. The public hearing was opened. Ms. Ellen Nash was present on behalf of the Electoral Board. She said the Board wanted the Covesville/Porter's precinct line to remain as existing because it is more convenient for the voters to go to Covesville instead of to Scottsville. With no one else present to speak for or against the ordinance, the public hearing was closed. Mr. Fisher said this question is complex since the state law permitting lines to be changed expired on June 30, 1976 but~legisl'ature will take action at their next session to make any actions taken between July i, 1976 and December 31, 1976 legal retroactively. He recommended a resolution on the matter since action is being taken on a law not existing. Dr. Iachetta then offered motion to adopt the following ordinance and resolution as set out below. Mr. Dottier seconded the motion and same carried by the following recorded vote: December 15, 1976 (Night Meeting) OO5 AN ORDINANCE TO AMEND CERTAIN LINES IN THE SCOTTSVILLE, PORTER'S, COVESVILLE, CROZET AND FREE UNION PRECINCTS AS PERMITTED UNDER VIRGINIA CODE SECTION 24.1-37; AND TO REAFFIRM OTHER PRECINCT LINES AS DRAWN BY THE COMMISSIONERS OF THE CIRCUIT COURT OF THE COUNTY IN A REPORT DATED FEBRUARY 19, 1971; AND TO PROVIDE FOR THE AMENDMENT OF SECTIONS 6-2, 6-3, 6-4, 6-5, 6-6 AND 6-7, CHAPTER 6 OF THE ALBEMARLE COUNTY CODE, TO READ AS FOLLOWS: Section 6-2. Voting precincts and polling places -- Charlottesville Magisterial District. The Char!ott~svil!e Magisterial District shall include one voting precinct coextensive with such district, bounded ~s hereafter set out, with a voting place at Woodbrook School. 101 - Woodbrook Precinct: Beginning at the intersection of State Route 654 and the city limits of Charlottesville; thence in a northwesterly direction with State Route 654 to its intersection with State Route 656; thence in a northeasterly direction with State Route 656 to its intersection with State Route 743 at Georgetown Green; thence in a northerly direction with State Route 743 to its intersection with the South Fork Rivanna River at Hydraulic; thence upstream with the South Fork Rivanna River to its intersection with State Route 660 at Ray's Ford Bridge; thence in a north- easterly direction with State Route 660 to its intersection with State Route 743; thence in a sautheasterly direction with State Route 743 to its intersection with State Route 606; thence in a northeasterly direction with State Route 606 to it's intersection with State Route 649 at the Charlottesville- Albemarle Airport; thence in a southeasterly direction with State Route ~49 to its intersection with the Southern Railway at Proffit; thence in a southwesterly direction with the Southern Railway to its intersection with the northern city limits of Charlottesville; thence in a westerly direction with the city limits of Charlottesville to its intersection with State Route 654, the point of beginning. Section 6-3. Same -- Jack Jouett Magisterial District. The Jack Jouett Magisterial Distriot shall include one voting precinct coextensive with such district, bounded as hereafter set out, with a voting place at Jack Jouett School. 201 - Jack Jouett Precinct: Beginning at Ray's Ford Bridge, the intersection of State Route ~60 and the South Fork Rivanna River; thence downstream with the South Fork Rivanna River to its intersection with State Route 743 at Hydraulic; thence in a southerly direction with State Rou~e 743 to its intersection with State Route 656 at Georgetown Green; thence in a southwesterly d~rection with State Route 656 to its intersection with State Route 654; thence in a southeasterly direction with State Route 654 to its intersection with the western city lim±ts of Charlottesville; thence in a southerl~ direction with the city limits of Charlottesville to~ its intersection with U.S. Route ~9; thence in a westerly direction with U.S. Route 29 to its intersection with the U.S. Route 250/Route 29 Bypass; thence in a northerly direction with the U.S. Route 250/Route 29 Bypass to its intersection with State Routes 754 and 601 (Old Ivy Road): thence in a northerly direction with State Route 601 to Ivy Creek and continuing with State Route 601 in a northwesterly direction to its intersection with State Route 676 at Woodson's Store; thence in a westerly direction with State Route 676 to its intersection with State Route 614 at Owensville; thence in a westerly direction with State Route 614 to its intersection with Mec~um River; thence downstraam in a northerly direction with Mechum River to its confluence with Moormans River at the origin of the South Fork Rivanna River; thence downstream with the South Fork R~vanna River to its in~tersection with State Route 660 at Ray's Ford Bridge, the point of beginning. (Also included within the Jack Jouett District shall be all grounds, walks, and other lands owned by the Rector and Visitors of the University of Virginia, a corporation, which, although embraced within the corporate limits of the City of Charlottesville, are parts of the territory of Albemarle County.) Section 6-4. Same -- Rivann~ Magisterial District.~ The Rivanna Magisterial District shall be divided i~to four voting precincts, bounded as hereafter set out, and named as follows: (a) Keswick Precinct, with the po~ling place to be located in the community of Keswick. 501 - Keswick Precinct: Beginning at the intersection of the Albemarle- Orange-Louisa County ~oundaries; thence in a southwesterly direction with the Albemarle-Louisa County boundar~ to its intersection with the Albemarle- Fluvanna County boundary; thence continuing in a southwesterly direction with the Albemarle-Fluvanna County boundary to its intersection_with State Route 53; thence in a northwesterly direction with State Route 53 to its intersection with Meadow Branch Creek; thence in a northeasterly direction with Meadow Branch Creek to the Rivanna River; thence upstream in a north- westerly direction with the Rivanna River to Shadwell Creek; thence in a northeasterly direction with Shadwell Creek to its origin at the ridge of the Southwestern Mountain; thence in a northeasterly direction with the ridge of the Southwestern Mountain to the Albemarle-Orange County boundary; thence in a southeasterly direction with the Albemarle-Orange-Louisa County junction, the point of beginning. (b) Stony Point Precinct, with the polling place to be located in the community of Stony Point. December 15~ 1976 (Night Meet~ of the intersection of State Route 600 and the Southern Railway tracks); thence in a southwesterly direction with the North Fork Rivanna Ri~er to its confluence with Red Bud Creek, 1000 feet south of the confluence with the South Fork Rivanna River; thence in an easterly direction with Red Bud Creek to its origin near the ridge of Wolfpit Mountain of the Southwestern range; thence in a northeasterly direction with the ridge line of the Southwestern Mountain range to the point where it crosses the Albemarle- Orange County boundary approximately one mile northwest of State Route 645; thence in a northwesterly direction with the Albemarle-Orange County boundary to its intersection with the Southern Railway tracks, 0.5 mile northeast of Burnleys; thence in a southwesterly direction with the Southern Railway tracks to its intersection with the North Fork Rivanna River, the Point of beginning. (c) Earlyswille Precinct, with the polling place to be located in the community of Earlysvitle. 503 - Earlysville Precinct: Beginning at the interse.ction of State Route 660 with State Route 662 near the South Fork Ri~anna Ri~er Reservoir; thence in a northerly directiOn with State Route 662 to its intersection with State Route 665; thence in a northeasterly direction with State Route 665 to its intersection with State Route 664; thence in a southeasterly direction with State Route ~64 to its intersection with State Route 663; thence in a northerly direction with State Route 663 to its intersection with State Route 664; thence in a northeasterly direction with State Route 664 to its intersection with State Route 604; thence continuing in a north- easter±y direction with State Route 604 to its intersection with the Albemarle-Greene County boundary; thence in a southeasterly direction with the Albemarle-Greene County boundary to its intersection with the Albemarle- Orange County boundary; thence continuing in a southeasterly direction with the Albemarle-Orange County boundary to its intersection with the Southern Railway tracks; thence in a southwesterly direction with the Southern Railway tracks to its intersection with State Route 649; thence in a northeasterly direction with State Route ~49 to its end at State Route 606; thence in a southwesterly direction with State Route ~06 to its intersection with State Route 743; thence in a northeasterly direction with State Route 743 to its intersection with State Route 660; thence in a southwesterly direction with State Route 660 to its intersection with State Route 662, the point of beginning. (d) Free Bridge Precinct, with the polling place to be located in thc Free Bridge area. 504 - Free Bridge Precinct: Beginning at the intersection of State Route 53 and State Route 20; thence in a northeasterly direction with State Route 20 to its intersection with the southern city limits of Charlottesville near Moores Creek; thence in a northeasterly direction with the city limits of Charlottesville to its intersection with the Southern Railway tracks; thence in a northeasterly direction with the Southern Railway tracks to its intersection with the North Fork Rivanna River (0'.7 mile south of the intersection of State Route 600 and the Southern R~ilway tracks); thence in a southwesterly direction with the North Fark Rivanna River to its inter- section with Red Bud Creek, 1000 feet south of its confluence with the South Fork Rivanna River; thence in an easterly direction with Red Bud Creek crossing State Route 20 at Eastham to its origin near the top of Wolfpit Mountain in the Southwestern Mountain range; thence in a southwesterly direction with the ridge line of Wolfpit and Tre~illian Mountains to the origin of Shadwe!l Creek; thence in a southwesterly direction with Shadwell Creek to the Rivanna River; thence in a southerly direction with the Rivanna River approximately t000 feet to Meadow Creek; thence in a southwesterly direction with Meadow Branch Creek to its intersection with State Route 53, 0.2 mile south of MonVicelto; thence in a northwesterly direction with State Route 53 to its intersection with State Route 20, the point of beginning. Section 6-5. Same -- Samuel Miller Magisterial District. The Samuel Miller Magisterial District shall be divided into three voting precincts, bounded as hereafter set 'out~, and named as follows: (a) Ivy. Ivy Precinct., with the polling place locat~d[in~the~o, ommu~i~y~ 5f 301 - Ivy Precinct: Beginning at the intersection of Stat'e Route 614 and the Mechum River; thence in an easterly direction with State Route 614 to its intersection with State Route 676 at Owensville; thence in an easterly direction with State Route 676 to its intersection with State Route 601 at Woodson's Store; thence in a southeasterly direction with State Route 601 to Ivy Creek and cont. inuing with State Route 601 in a southerly direction to its intersection with State Route 7'54; thence in an easterly direction with State Routes 75~ and 601 to their intersection with the U.S. Route 250/Route 29 Bypass; thence in a southerly direction with the U.S. Route 250/Route 29 Bypass to its intersection with U.S. Route 29; thence in an easterly direction with U.S. Route 29 to its intersection with the western city limits of CharlottesvilZe; thence in a southerly direction with the city limits of Charlottesville to its intersection with State Route 781; thence in a southerly direction with State Route 781 to its intersection with I.nterstate Route 64; thence in a westerly direction with Interstate Route 64 to its intersection with the Mechum River; thence downstream in a northerly direction along the Mechum River to its intersection with State Route 614, the point of beginning. Dec-ember 15~ 1976 (Night Meeting) 007 ~b) North Garden Precinct, with the polling place to be located in the Red Hill area. with State Route southwesterly dire Route 708; thence intersection w±th State Route 631 t direction with St 302 - North qarden Precinct: Beginning at the intersection of State Route 781 and Interstate Route 64, following State Route 781 in a southerly direction to its intersecticn with State Route 631; thence in a southwesterly direction 31 to its intersection with State Route 706; thence in a ction with State Route 706 to its intersection with State in a southeasterly direction with State Route 708 to its State Route 631; thence in a southwesterly direction with its intersection with State Route 712; thence in a westerly te Route 712 to the intersection with State Route 633; thence in a southwesterly direction with State Route 633 to its intersection with U.S. Route 29; thence in a northerly direction with U.S. Rou~e~29~o!lts intersect±on with State Route~33; thence in a westerly direction with State Route 6~3 to its intersection with the ridge line of Heards Mountain; thence in a northerly direction with th~ ridge line of Heards Mountain, continuing in an easterly direction with the ridge of Moses Mountain, joining the ridge of Castle Rock following an easterly direction; thence in a northerly direction with the ridge of Long Arm Mountain and continuing in a northeasterly direction with the Israel Mountain ridge; thence continuing in a northeasterly direction with the ridges of Martins Mountain and Taylors Mountain to the swale where Broad Axe Creek begins; thence in a northerly direction with Broad Axe Creek ~o its intersection with Interstate Route 64; thence in an easterly direction with Interstate Route 64 to its intersection with State Route 781; the point of beginning. (c) Batesville Precinct, with the polling place to be located i~ the community of Batesville. 303 - Batesvill~ Precinct: Beginning at the intersection of State Route 633 with the A~bemarle-Nelson County boundary; thence in a northwesterly direction with the A~bemarle-Nelson County boundary to its intersection with State Route 636; thence in an easterly direction with State Route 636 to its intersection with State Route 691; thence in a northerly direction with State Route 691 to its intersection with U.S. Route 250; thence in an easterly direction with U.S. Route 250 to its intersection with interstate Route 64; thence in an easterly direction with Interstate Route 64 to its intersection with Broad Axe Creek; thence in a southeasterly direction with Broad Axe Creek to the point of its beginning at the ridge of ~aylors Mountain; thence continuing in a southwesterly direction along the ridge lines of Taylors Mountain, Martins Mountain, Israel Mountain, Long Arm Mountain, Castle Rock, Moses Mountain and Heards Mountain to State Route 633; thence in a westerly direction with State Route 633 to the Albemarle-Nelson County boundary, the point of beginning. Section 6-6. Same -- Scottsville Magisterial District. The Scottsville Magisterial District shall be precincts, bounded as hereafter set out, and named as follows: (a) Scotts¥ille Precinct, with the polling place in the community of Scotts~ille. 401 - ScottSville Precinct: Beginning at the intersection of State Route 620 with the Albemarle-F~u~an~a CoUnty boundary; thence in a south- westerly direction with the Albemarle-Fluvanna County boundary to the James River, the Albemarle-Buckingham County boundary; thence with 'the Albemarle- Buckingham County boundary to its intersection with state Route 627; thence in a northerly direction with State Route 627 to its intersection with State Route 626; thence in a northeasterly direction with State Route 626 to its intersection with State Route 20; thence in a northwesterly direction with State Route 20 to its intersection with State Route 712; thence cont±nuing in a northwesterly direction with State Route 712 to the point where the easternmost ridge line of the Fan Mountains crosses State Route 712 and continues in a northeasterly direction with the ridge line of Ammonett Mountain; thence in a northeasterly direction with the ridge li~e of Ammonett Mountain and continuing in a straight line beyond the ridge line to State Route 708 (approximately 0.2 mile southeast of the intersection of State Route 708 and State Route 631); thence in a southeasterly direction with State Route 7~8 to its intersection with State Route 620; continuing in an easterly direction to the intersection of State Route 620 and the Albemarle-Flu~anna County boundary, the point of beginning. (b) Monticello Precinct, with the polling place at Piedmont Virginia COmmunity College. 402 - Monticello Precinct: Beginning at the inaersection of Stat~ Route 781 and the southern city limits of Charlottesville~; thence in an easterly direction with the city limits of Charlottesville to its inter- section wi~h State Route 20, the Scottsville Road near Moores Creek; thence in a southwesterly direCtion with State Route 20 to its intersection with State Route 53; thenc~ in a southeasterly direction with State Route 53 to its intersection with the Albemarle-Fluvanna County boundary; thence in a southwesterly direction with the Albemarle-Flu~anna County boundary to its intersection with ~tate Route ~20; thence in a northwesterly direction with State Route 620 to its intersection with State R~oute 708; thence in a northwesterly direction with State Route 708 to its intersection with State Route 706; thence in a northeasterly direction with State Route 706 to its intersection with State Route 63Z; thence in a northeasterly direction with State Route 631 to its intersection with State Route 781; ~thence in a 0O8 December 15, 197~.._~ht Meeting)__ Esmont. with the polling place in the community of 403 - Porter's Precinct: Beginning at the intersection of State Route 627 and the Albemarle-Buckingham County boundary; thence in a southeasterly direction with the James River (the Albemarle-Buckingham County boundary) to its intersection with the Rockfish River (the Albemarle-Nelson County boundary); thence in a northwesterly direction with the Albemarle-Nelson County boundary to the point where the easternmost ridge line of the Fan Mountains, Appleberry Mountain and Butler Mountain cross the Albemarle- Nelson County boundary; thence in a northeasterly direction following the easternmost ridge line of said mountains to the point Where the ridge line continuing to Ammonett Mountain crosses State Route 712; thence in a south- ~Ster~ly direction with State Route 712 to its intersection with State Route 2G;-thence continuing in .a southeasterly direction with State Route 20 to its inter'seCtion with State Route 626; thence in a southerly direction with State Route 626 to its intersection with State Route 627; thence in a south- easterly direction with State Route 627 to its intersection with the Albemarle- Buckingham County boundary, the point of beginning. (d) Covesville Precinct, with the polling place in the community of Covesville. 404 - Covesvitle Precinct: Beginning at the intersection of State Route 633 with the Albemarle-Nelson County boundary; thence with State Route 633 in an easterly direction to its intersection with U.S. Route 29; thence in a southerly direction with U.S. Route 29 to its intersection with State Route 633; thence in a northeasterly direction with State Route 633 to State Route 712; thence in an easterly direction with State Route 712 to its intersection with St.ate Route 631; thence in a northeast'erly direction with State Route 631 to its intersection with State Route 708; th'ence in a southeasterly direction with State Route 708 approximately 0.2 mile to the point w~ere a straight line extended from the easternmost ridge of Ammonett Mountain, the Fan Mountains, Appleberry Mountain, and Butler Mountain intersects State Route 708; thence in a southwesterly direction with said line and the easternmost ridge line of said mountains to the point where the ridge line intersects the Albemarle-Nelson County boundary; thence in a northwesterly direction with the Albemarle-Nelson County boundary to its intersection with State Route 633, the point of beginning. Section 6-7. Same -- White Hall Magisterial District. The White Hall Magisterial District shall be divided i~to two ~oting precincts, bounded as hereafter set out, and named as follows: (a) Crozet Precinct, with the polling place to be located in the community of Brownsville. 601 - Crozet Precinct: Beginning at the intersection of State Route 636 with the Albemarle-Nelson County boundary; thence in a northwesterly direction with the Albemarle-Nelson County boundary to its intersection with the Albemarle-Augusta County boundary; thence in a northeasterly direction with the Albemarle-Augusta County boundary to its intersection with the Albemarle-Rockingham County boundary; thence continuing in a northeasterly direction with the Albemarle-Rockingham County boundary to the gate on Skyline Drive (0.4 mile north of Blackrock) where the Jones Fall Run and the Falls Trail originates; thence in an easterly direction with Jones Fall Run to its~confluence with the Doyles Ri~er; thence down- stream in a southeasterly direction with the Doyles R~v~r to its confluence with the Moormans River; thence in an easterly direction with the Moormans River to its intersection with State Route 671 at the Millington bridge; thence in a southwesterly direction with State Route 671 to its intersection with State Route 614; thence in a southeasterly direction with .State Route 614 to its bridge over the Mechum River; thence upstream with the Mechum River to its intersection with Interstate Route 64; thenc~ in a westerly direction with Interstate Route 64 to its intersection with U.S. Route 250; thence in a westerly direction with U.S. Route 250 to its intersection wi~h State Route 691; thence in a southwesterly direction with State Route 691 to its intersection with State Route 636; thence in a westerly direction with State Route 636 to its intersection with the Albemarle-Nelson County boundary, the point of beginning. (b) Free Union Precinct, with the polling place to be located in the communiey of Free Union. 602 - Free Union Precinct: Beginning at the Albemarle-Rockingham- Greene County boundary (the northernmost corner of Albemarle County); thence in a southwesterly direction with the Albemarle-Rockingham County boundary to the gate on Skyline Drive (approximately one mile south of the Dundo Overlook) where the Jones Fall Run and Falls Trail originates; thence in an easterly direction with Jones Fall Run to its confluence with the Doyles River; thence downstream in a southeasterly direction width th~ Doyles River to its confluence with the Moormans River; thence in an easterly direction with the Moormans River to its intersection with State Route 671 at the Millington bridge; thence i~ a southwesterly direction with State Route 671 to its intersection with State Route 614; thence in a southeasterly direction with State Route 614 to its bridge over the Mechum River; thence downstream in a northeasterly direction with the Mechum River to its confluence December 15, 1976 (Night Meeting) 009 with the Moormans River, the origin of the South Fork Rivanna River; thence downstream with the South Fork Rivanna River to its intersection with State Route 660 at Ray's Ford Bridge; thence in a northerly direction with State Route 660 to its intersection with State Route 662; thence in a northwesterly direction with State Route 662 to its intersecti~on with State Route 665; thence in a northeasterly direction with State Route 665 to its intersection with State Route 663; thence in a northerly direction with State Route 663 to its intersectio~ with State Route 664; thence in an easterly direction with State Route 664 to its intersection with State Route 604; thence in a northeasterly direction with State Route 604 to the Albemarle-Greene County boundary; thence in a northwesterly direction with the Albemarle- Greene County boundary to the northernmost corner of Albemarle County, the point of beginning. BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the various precinct lines within Albemarle County ~a.ta~fi~med and changed in accordance with an ordinance presented to the Board on December 15, 1976; with changes in the Scottsville, Porter's, Covesville, Crozet and Free Union precincts to take effect at such time as the General Assembly of the Commonwaalhh of Virginia amends Code of ¥irginia, Title 24.1, Chapter 4.1, Section 24.1-40.3, so as to give effect to these changes; FURTHER, changes in the Scottsville, Porter's, Covesvilie, Crozet and Free Union precincts are in accordance with'~he recommendations of the Albemarle County Electoral B~ard and no magisterial district boundary lines are effected or involved in said changes. Agenda Item No. 4. Public Hearing: SP-89-7~. Willard E. Hall. To locate a public garage on 2.0 acres zoned A-1 Agricultural. Property on the south side of Route 649 across from Springfield Subdivision. County Tax Map 32, Parcel 29F. Charlottesville and Rivanna Districts. (Advertised in the Daily Progress on December ! and 8, 197~.) Mr. Fisher said notification had been received from the applicant that he could not be present. Mr. Tucker noted the Planning Commission denied the request on December 14, 1976, because the applicant was not present and a notice of the meeting date had been sent to the applicant. Dr. Iachetta then offered motion to defer this matter until January 5, 1977. Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 5. PUblic Hearing: ZMA-20-76. Walter L. Radford. To rezone 2.15 acres from A-1 Agricultural to B-1 Business. Property on north side of U.S. Route 250 West approximately 10 miles west of the Charlottesville City limits. County Tax Map 56~ Parcel 107A. (Advertised in the Daily Progress on December 1 and 8, 1976'.) Agenda Item No. 6. Public Hearing: ZMA-21-76. Dean and Peggy Strong. To rezone 2.0 acres from A-1 Agricultural to B-1 Business. Property on north side of U.S. Route 250 West approximately 10 miles west of Charlottesville City limits. County Tax Map 5~, Parcel 107A(1). (Advertised in the Daily Progress on December 1 and 8, 1976.) Mr. Tucker said these two amendments could be considered in conjunction with one another but with separate action. He then read the following staff report into the record: "An Exxon service station is located on parcel 107A and Clover Lawn Basket Shop is located on 107A(1). On the south side of Route 250 West are the Mountain View Apartments, a restaurant, and an auto/truck service station. To the west of the ZMA-20-76 property is a vacant field and the King Solomons Lodge. To the west of the ZMA-21-76 property is an auto service station. Property to the east of ZMA-20-76 is the Clover Lawn Basket Shop; property to the east of ZMA-21-76 is vacant and wooded. To the north are single- family and rental units. The Comprehensive Plan~ indicates this property in the fringe of the Crozet Community Cluster in an area proposed for m~dium-density residential developme~ The staff recommends denial of this petition for the following reasons: 1. The request is not in compliance with the Comprehensive Plan. 2. U.S. Route 250 West has been designated an Albemarle County Scenic Highway. There are uses provided in the B-1 zone which would be incompatible with scenic highway designation. 3. The use existing on the smbject property is provided for by special use permit under the existing A-1 Agricultural zoning." Mr. Tucker noted receipt of a letter from Mr. Walter L. Radford requesting £a~orable action on his petition. Mr. Tucker said the applicant's primary interest in the rezoning is to make their properties conforming. The Planning Staff feels that since these uses are permitted in A-1 zone with a special permit, this would be a better approach than rezoning. The Planning Commission recommended denial of both applications. Mrs. David said the ~lanning Gommission members voting against the petitions did so hoping the applicants would apply for a special permit. Also, they feel the B-1 zoning ~,2;~,~he ~oad ~om the ~b~eot p~ope~tie~ wa~ in e~o~ ~d against the recommendation of the planning staff. Mr. Henley did not feel the businesses which have been in business for ~0 years should have to go through all this red tape. The public hearing was opened. Mr. Gale Pickford, representing the Radfords and the Strongs, was present. He said both businesses have been in operation for about thirty years. In 1974, the applicants applied for a rezoning and were advised by the Planning December 15, 1976 (Night Meeting with the existing ordinance. The Scenic Highway Designation along 250 imposes certain restrictions on this property and if the businesses were destroyed over 75%, the applicants would have to obtain a variance in order to rebuild. The lots are about 400 feet deep and the rear of the property is served by an easement about 20 to 25 feet in width. The applicant would like to have the privilege of not obtaining a special permit in order to continue their businesses. Speaking next was Mr. Steve Helvin representing the adjoining landowners. Mr. Helvin said if this is the highest and best use of the property, it should be zoned that way. With no one else present to speak for or against the petitions, the publi~ hearing was closed. Mr. Fisher was concerned that this rezoning would set a precedent for all parcels in the County which are nonconforming. He could not accept the argument that problems would be created if the buildings were destroyed. Mr. Henley was disturbed that someone whose business has been in oper.ation for thirty years should have to beg for a special permit or a variance when such operations have been decent and successful. He asked if a special permit were granted and the buildings were destroyed, what would happen. Mr. Tucker said the special permit runs with the land and the buildings could be rebuilt. Mr. Henley had received one suggestion to go with the special permit but he felt that since there is B-1 zoning across the road and these businesse: have been in operation for a period of time, they should be rezoned as requested. Mr. Fisher was concerned that someone in the future would change the use of the properties. Mr. Henley did not feel the Board should worry about the future owners. Mr. Fisher did not see any justification for the requests and said he would not support the requests. At this time, Mr. Henley offered motion to approve ZMA-20-76. Mr. Roudabush seconded the motion. Mrs. David felt B-1 zoning expands the use of the property too much. With a special permit, the operations could continue and this is just as accurate as a rezoning. Mr. Henley disagreed because with a special permit the businesses could not be expanded without approval of the Board and any requests for expansion could be denied under the special permit procedures. The public hearing was reopened. Ms. Martha Selden, representing the Citizens for AlbemarIe, was present and requested denial of the two requests. Speaking next was Ms. Helen Milius owner of property across the road. She asked that the requests be denied because she feared someone in the future may change the use if rezoned to B-1. Mr. Pickford said the issue comes down to the question of how much control the governing body wants to retain over the property. He felt the property is already under proper controls with the Scenic Highway Designation. With no one else present to speak for or against the petitions, the public hearing was again closed. Mr. Fisher asked who would issue the variance if the property was destroyed more than 75%. Mr. St. John said the applicant would either have to obtain a special permit or a variance from the Board of Zoning Appeals. Mr. Dorrier supported the request and felt the scenic highway designation provides adequate controls for the properties. Roll was then called on the foregoing motion and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Henley, Iachetta and Roudabush. Mrs. David and Mr. Fisher. -~genda Item ~. 6. ZM~-21-?6. Dean and Peggy Strong. Motion was offered by Mr. Henley to approve ZMA-21-76, seconded by Mr. Roudabush and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Henley, Iachetta and Roudabush. Mrs. David and Mr. Fisher. Agenda Item No. 7. ZTA-76-10. Crutchfield Corporation. To amend the M-1 zone of the Albemarle County Zoning Ordinance to provide by special permit for an accessory d~elling for use as office and residence. (Advertised in the Daily Progress on December 1 and 8, 1976.) Mr. Tucker read the foliowing staff report into the record: "In staff opinion, such use should be subordinate to the use of the property for industrial purposes. Incorporating such subordinate residential use in the M-1 zone would provide the following advantages: 1. Continuous supervision of the property could be insured. 2. Residing on the industrial property would eliminate the cost of separate housing for the businessman, thus encouraging smaller industries. This proposal is similar to the recently approved amendment for such use in the B-1 Business zone. The staff recommends the following amendments: Add 8-1-27(15) a use by special permit in the M-1 zone to read: Accessory Dwelling Accommodation. Amend the definition section of the Zoning Ordinance Under Section 16-28.1 to read as follows: Dwelling Accommodation, Accessory: One or more rooms designed to provide living and sleeping accommodations in a structure used primarily for commercial or industrial industrial purposes, or a separate dwelling unit located Meeting) 011 purposes, the inhabitation of which shall be limited to the proprietor and his family or a bona fide employee of the proprietor and his family." Mr. Tucker said the Planning Commission recommended that the Zoning Ordinance be amended to include Section 8-1-32, Accessory Dwelling Accommodation, which would be a use permitted by right, rather than by special permit and to adopt the amended definition as set out above. The public hearing was opened. Mr. Crutchfield, the applicant, was present. Mr. Roudabush asked if the purpose of the dwelling was primarily for security. Mr. Crutchfield said the dwelling is for two purposes; one for an office during construction and one for security. . .. With no one else present to speak for or against the petition, the public hearing was closed. Mr. Fisher noted the request of Mr. Crutchfield for SP-90-76 is a contingency item. If this amendment is approved, that request will be withdrawn. Dr. Iachetta could see no problem with people living in the M-1 zone. Mrs. David was in favor of the amendment being included as a use. by right and offered motion to approve ZTA-76-10 as recommended by the Planning Commission. Dr. Iachetta seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 8. Public Hearing: SP-90-76. Crutchfield Corporation. To locate an accessory dwelling for use as office and residence, during construction of Crutchfield's new office and warehouse complex, on 8.258 acres zoned M-1. Property located opposite Cardinal Airline's entrance off State Route 606 adjacent to the Charlottesville-Albemarle Airport. County Tax Map 32, Parcel'lTB. Charlottesville and Rivanna Magisterial Districts. (Advertised in the Daily Progress on December 1 and 8, 1976.) Due tO'._the, approvy~of~athe previous request, the applicant Mr. Crutchfield requested withdrawal of this petition without prejudice. Motion to this effect was offered by Iachetta, seconded by Mr. Roudabush and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 2. (Carried forward from the beginning of the meeting.) Public Hearing: SP-88-76. Victor R. Ray. To locate a shooting match on 3.86 acres zoned A-1. Property on south side of Route 738 north of Ivy Pulp Wood. (Deferred from December 1, 1976). The' applicant, Mr. Victor R. Ray, was not present. Mr. Fisher asked if the staff had any communication from him of his not being able to attend tonight's meeting. No one had heard from him. At this time, Mrs. David offered motion to proceed with the public hearing in the applicant's absence. Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Mr. Tucker then read the following staff report into the record: "This property is developed with two dwellings. The Mount Calvary Baptist Church cemetery borders the property on the west. Murray Elementary School is approximate!~ 800 feet to the west of the site. There are several dwellings in the immediate vicinity of the property. The applicant proposes to operate the shooting match on a year-round basis and is agreeable to the limitation of one-day per week. The shoots are proposed from 5:00 p.m. to 10:00 p.m. The range is proposed to be located toward the rear of the property and shooting would be in the direction of the school and playground. In staff opinion, no controls or conditions could be placed on this use which would insure the safety of the school children or resident of the area and therefore, staff recommends denial of this petition." Mr. Tucker noted receipt of a letter from Mr. John Massie, Albemarle School System, in which the School Board expressed serious reservations about the proposed activity. The Planning Commission also unanimously recommended denial. At this time, the public hearing was opened. Speaking first was Mr. M. W. Willis who lives on Route 738. He was opposed to the request due to the school and cemetery beside the proposed activity. He also felt there was too much traffic in the area for this type of operation. Next was Mr. Stillman Kelly who spoke in opposition. With no one else present to speak for or against the request, the public hearing was closed. Mr. Fisher said the staff could recommend no conditions or controls on the operation to insure safety to the children or the residents of the area. Mr. Henley said he did not intend to support the request but felt the applicant should have a second chance to appear. Mrs. David felt the area was too populated for an activity of this type. Mr. Henley then offered motion to defer SP-88-76 to January 5 and the applicant be renotified by certified or registered mail that action will be taken that date. Dr. Iachetta also felt the applicant should have a second chance. Mr. Roudabush seconded the foregoing motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. DeCember 15~ 1976 (Night Meeting) Agenda Item No. 9. Public Hearing: ZMA-22-76. Black Cat Road Associates. To rezone 5.811 acres from A-l.agricultural to B-1 business. Property at the intersection of 1-64 East and State Route 616 northeast of Boyd's Tavern; a part of Mechunk Acres. County Tax Map 94A, Parcels A2, B14, B15 and Parcel IA (part thereof) Rivanna Magisterial District. (Advertised in the Daily Progress on December 1, and 8, 1976.) Mr. Tucker read the following Staff report into the record: "Mechunk Acres bounded by i-64 on the north and Route 616 on the west,, is undeveloped an~ wooded. The surrounding area is rural in nature with sparse residential development. With the exception of the interchange area, zoning in the area is A-1 Agricultural. About 18.5 acres of undeveloped B-1 Business properties exist at the northeast and southwest quadrants of the interchange. The Comprehensive Plan indicates conservation use for this site. The Keswick village cluster is proposed to extend to the west side of Route 616 with agricultural use proposed opposite this site. The staff recommends denial of this petition for the following reasons: 1. The request is not in compliance with the Comprehensive Plan which indicates conservation for this area. 2. There exists 18.5 acres of undeveloped B-1 zoned properties in the area. This acreage is equivalent to 2-5 neighborhood shopping centers." Mr. Tucker said the Planning Commission recommended approval by a 7 to 1 vote. The public hearing was opened. Mr. Steve Helvin, representing Black Cat Road Associates was present. Directly in front of the subject property are two acres zoned A-1 and owned by Exxon. Across the road is land owned by City Service. On the other side of the interstat~ is B-1 property owned by Texaco. His clients own about 100 acres in the area but are requesting only 5.811 acres, the interchange property, to be rezoned. He felt the highest and best use for interstate property around an interchange is business. He did not feel the Comprehensive Plan is a valid reason to deny the request. The staff recommended denial because of the amount of undeveloped B-1 acres in the area, but the Planning Commissio~ did not agree. Mr. Helvin said the intention of the Black Cat Road Associates is to build a much needed restaurant at this location. With no one else present to speak for or against the petition, the public hearing was closed. Mr. Rouda~ush did not feel a service station would be built on this interchange for many years. Since the applicant presently has a legitimate use in a business category, and th~re~Ha~e been no objections from neighbors, he offered motion to approve ZMA-22-76 as recommended by the Planning Commission. Dr. Iachetta seconded the motion. Mr. Fisher asked Mr. Tucker if there was any question in his mind about the Comprehensiw Plan's recommendation for zoning of this area. Mr. Tucker said it is recommended for conservation and because of the poor soil for percolation. Mr. Fisher said he would feel insecure in approving the request since the Board should consistently follow recommendations ~et out in the Comprehensive Plan. Mr. Henley felt an interchange is a proper place for B-1 zoning. The land must not be so bad if 18 acres around the interchange are already zoned B-1. Dr. Iachetta said he can not subscribe to the theory that the only use of land at an interchange is B-1 but since three quadrants are already zoned B-i, he did not feel there was any valid reason to deny this request. Roll was then called on the foregoing motion to approve ZMA-22-76 and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Henley, Iachetta and Roudabush. Mr. Fisher. At 9:00 P.M., the Board recessed and reconvened at 9:06 P.M. Agend~ Item~ No. 10. Public Hearing: Performance Bond: Meriwether Hill, Meriwether North, Lewis Hill Sections One'-and Two and Lewis Hill West, Stowe Court and Vinton Court. (Advertised in the Daily Progress on Decemher-t2,~13, and 14, ~976). Mr. Fisher gave a history on this request. (See Minute Book 1~, pages 495-501.) The public hearing was opened. Mr. Grover Forloines was present and expressed his desire for the approval of this bond. He felt if Mr. Cushman is willing to put up another $11,000 in addition to the $100,000 he has already spent on the system, then this should be an assurance to the County that Mr. Cushman intends to fulfill his obligation. Mr. Fred Landess was present to represent Mr. Cushman. already drilled a third well but it has not been tested. He said Mr. Cushman has Mrs. Suzanne Grove, Grove Construction Company, spoke next urging the granting of the additional building permits. Since additional building permits can not be obtained, her company has been forced to lay off over half of its crew. An unidentified gentleman expressed his concern that if Mr. Cushman's water system goes dry, the entire Ivy area would go dry. Speaking also were Messrs. Fred Manson, L. W. W. Richardson, Krauss, Goode Love, Richard Shannon, Earl Cutty, Don Timberlake and Ed Smith, who all spoke in opposition to the granting of additional building permits. They gave problems such as water pressure, muddy water, etc., which they have experienced. At this time, the public hearing was closed. Mr. Fisher said the bond does not have any time requirement for repairs occasioned by a pump, power failure, or any normal repairable disruption of service. He felt failure to have such a clause would prohibit the County from executing the bond if such claims are made. He said Mr. Cushman should have the well tested, approved and certified before any additional building permits are issued. December 15, 1976 (Night Meeting) Mr. Roudabush said the forfeiture of the bond is not dependent on the well going dry but rather on complaints from individual customers about deficiency of water. If this happens, the SerVice Authority would take over the system and payment for connecting the water lines would be made from the proceeds of the bond. Mr. St. John felt the concerns expressed here tonight were on depletion of the water table and the possibility that surrounding developments might go dry. In order to control such a situation, the Board would have to stop Mr. Cushman from drilling new wells. Under existing state law the Board cannot do this unless the area has been declared a critical water area. Mr. RoudabUsh responded to a comment made earlier that the Board had backed down on its previous policy. He feels the recent change is more beneficial to the. consumer. The pump tests are. designed to test the recovery rate of the well and how much water can be drawn over a certain period of time. Dr. Iachetta felt the new policy is much better because it guarantees a supply of water at 1/2 gallon per minute per dwelling at a given pump down. He also disagreed with several parts of the performance bond since the bond does not require the new combined system to meet the new criteria of 1/2 gallon per minute per dwelling. He could not support the granting of twenty-three additional building permits but would support eleven until the well demonstrates its capability. Mr. Fisher asked who the consumers will call if there are water flow problems. Mr. Agnor said normally they would call Mr. Cushman but a proviso could be placed in the bond that complaints are to be filed with the Albemarle County Service Authority which has twenty-four hour service. Mr. St. John noted that if the wells are tested and the County's requirments met, then the additionai~building permits would be allowed. Without the bond, there could be all kinds of mechancial problems and the consumers would have no remedy. With the bond, the Service Authority could take over the water system in these circumstances. Mr. Fisher then read a letter from the Albemarle'County Service Authority into the record expressing their support of the performance bond and requesting that bond be set at $11,375.00 with security posted by either acceptable letter of credit orca savings assignment (COPY OF LETTER ON FILE IN CLERK'S OFFICE.) He then noted receipt of two letters in opposition from Mrs. J. W. Baker and Mr. Ralph W. Simonds. ~ ' Dr. Iachetta asked if the performance bond could be amended to reduce the number of additional building permits to eleven since he did not feel Mr. Cushman would need twenty- three more if it is found that the new well does not meet the County's requirements. Mr. St. John said yes. Mr. Landess felt Mr. Cushman would agree. Mr. Bailey suggested ~ striking the language "exclusive of the seventynine connections which are currently approved to be served by the existing two wells in the principal's system." ~ Mr. Roudabush then offered motion to approve the performance bond by striking bhe language "exclusive of the seventy-nine connections .which are currently approved to be served by the existing two wells in the principal's system~." Mr. Henley seconded the motion and felt this would solve the existing problems and he supports the motion since this well system does not serve a new subdivision. Dr. Iachetta said he would not support ~ the motion since approval of this bond would allow twenty-three more building permits to be issued. Roll was called and the foregoing motion carried by the following recorded vote: AYES: Mrs David and Messrs. Dorrier, Henley and Roudabush. NAYS: Messrs. Fisher and Iachetta. The Performance Bond as approved is set out' below: EN~2~ALL MEN BY THESE PRESENTS, that Cushman Realty and Building oo~p,o~i0~a Virginia corporation,.principal, ishel'd, and firmly!bound unt~the ~l~marleCounty service' AUthOritY, Albemarle Co~tY,~V~rgi~a in the penal sum of Eleven Thousand Three Hundred Seventy-Five Dollars for the payment of which it does hereby bind itself, its successors and assigns. The condition of the above obligation is such that whereas Cushman Realty and Building Corporation has developed and sold or has offered for sale 102 building lots situated in Albemarle County, Virginia in subdivisions commonly known as Meriwether Hill, Meriwether North, Lewis Hill Sections One and Two and Lewis Hill West, Stowe Court and ¥inton Court; that Cushman Realty and Building Corporation is also the owner and operator of a private water system ~supplying or offering to supply water for domestic usage to the purchasers and owners of such lots; that the County of Albemarle pursuant to its general authority has promulgated certain policies and regulations in regard to the operation of private water systems within the County, in accordance with which it has limited the number-of connections which Cushman may allow to such existing water system to 79 and will not allow building permits~to be issued~ for construction of'improvements on any of such lots in excess of 79; and whereas, Cushman expects to obtain Health Department approval for additional well sites and to drill wells providing additional water in order to expand its water system to service all of the 102 lots contained in the above subdivisions and has requested the County of Albemarle to allow building permits to be issued on more than 79 of the above lots prior to completion of such wells. NOW THEREFORE, if the principal shall within one year from the date hereof obtain additional sources of water supply of ~sufficient capacity to supply a · minimum of one-half gallon per minute per dwelling unit for the dwelling units that can be built upon the lots within the several developments named in this bond; such sources of water supply to be approved by the State Health Department and its/their capacity certified by the County Engineer, as required by the present rules and regulations of thes~ agencies, and the same are equipped, connected to the existing system and fully operable as an integral December 15, 1976 (Night Meeting) if at any time during the term hereof there should be a deficiency of supply of water to any of the units connected to the principal's system, this bond shall immediately become due and payable. - - InLthe ~oltowing~l~2'-~'' __ manner: Upon complaint of any users as to the lack-of water, representa~iYes of the Albemarle County Service Authority and Cushman shall as soon as practicable meet on the site of the complaint to investigate the conditions. Measurements of flow into the house or houses involved shall be made by opening faucets within the house system and observing the maximum flow rate thus obtainable at the meter. If this flow rate is less than 1.5 g.p.m., the supply of water shall be declared deficient. Provided, that such deficiency is not caused by any normal disruptive occurrence such as the breaking of a waterline, the failure of a pump, power failure or any normal repairable disruption of service, or cause other than an inadequate supply of water. If this bond shall become due and payable by reason of a deficiency in supply of water, as defined above, or by reason of one year having passed without the principal meeting the conditions hereof, the Albemarle County Service Authority shall proceed at once to make a connection between its existing system in West Leigh and the principal's Meriwether system, and upon the commencement of service through this connection, title to the Meriwether water distribution system shall immediately pass to the Albemarle County Service Authority, all customers thereof shall become customers of the Service Authority and such Authority thereafter shall have sole responsibility for water supply and maintenance of the system. Provided, however, that title shall not pass as to the well lot, wells, pumps, storage tanks and any and all equipment and appurtenances belonging to the production, storage and pumping of water. As security for the performance hereof, the principal has deposited with the Authority a letter of credit, in the amount of $11,375.00. At 10:40 P.M., the Board recessed and reconvened at 10:48 P.M. Agenda Item No. 11. Public Hearing: An ordinance to provide for the review of central sewerage and water supply systems. This ordinance to be known as Article III, Chapter 10, Sections 10-17 through 10-20 of the Albemarle County Code. Agenda Item No. 12. Public Hearing: An Ordinance to amend Chap~r~'~8~ofLt.he2.Alh~marle County Code concerning certain definitions for subdivision control. Agenda Item No. 13. Public Hearing: A~i.o~.inan~at~fa~nd certain definitions in the Albemarle County Zoning Ordinance; by the addition thereto of Section 16-18.01, Central Sewerage System; section 16-18.02, Central Water Supply; and Section 16-70.1, Public Utility; and by the amendment thereof of existing Section 16-69, Public Sewerage System~and Section 16-70, Public Water Supply. (The three above agenda items were advertised in the Daily Progress on December 1 and 8, 1976.) Mr. Robert Tucker, Director of Planning, said the amendments can be considered together° He said the amendments to the Zoning Ordinance, Subdivision Ordinance, and the Albemarle County Code were developed pursuant to a resolution of the Board of Supervisors to reduce some of the procedure involved in obtaining central water supply and central sewerage system permits. Currently, any water or sewerage system of three connections or more is by special use permit only. Under the proposal, only public systems (as defined by 16-69; 16-70; 16-70.1 in the proposal) would require special use permit review. Central systems would be reviewed by the Board of Supervisors and approved administratively by the County Engineer in compliance with policy adopted by the Board of Supervisors on October 27, 1976. The proposed amendments to Chapter 10 of the Albemarle~County Code ha~e been included for Planning Commission review but do not require Planning Commission action. The Planning Commission recommended approval of the other amendments. The public hearing was opened. With no one present to speak for or against the matter, the public hearing was closed. Mrs. David felt the amendments under agenda i~em 11 should have been included in the Zoning Ordinance. She would prefer that these amendments be deferred until after editorial review of the Zoning Ordinance. Mr. St. John said by state law the ~'oard is required to approve central well or central sewerage systems that will serve more than three connections. The applicant must notify the Board in writing of his intent to install such a system. This notice has nothing to do with the notice required under zoning procedures. Since approval of these systems is not a zoning matter, it has been recommended that ~.~s~ procedures be included as a separate section of the County Code. Mrs. David suggested that Section 10a~7'~be~aha~g~di~yJ~dal~g~bhe words "required to be approved by the governing body pursuant to Chapter 9 of Title 15.1 of the Code of Virginia" and changing to "is to serve or to be capable of serving three or more connections" since she did not feel it was necessary to repeat the language in the Code. Mrs. David then offered motion to: adopt an ordinance to provide for the review of central sewerage and water supply systems to be known as Sectior~10-17 through 10-20 of the Albemarle County Code with the language amended as set out above; 2) adopt an ordinance to amend Chapter 18 of the Albemarle County Code concerning certain definitions for~ subdivisi¢ control; and 3) adopt an ordinance to amend certain definitions in the Albemarle County Zoning Ordinance. (Ail amendments in total are set out below.) Mr. Roudabush seconded the motion and same carried by the following recorded ~ote: December 15, 1976 (Night Meeting) 015 AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. AN ORDINANCE TO PROVIDE FOR THE REVIEW OF CENTRAL SEWERAGE AND WATER SUPPLY SYSTEMS BE IT ORDAINED by the Board of Supervisors of Albemarle County that the Albemarle County Code be, and it hereby is, amended by the addition thereto, in Chapter 10 of an Article III, as follows: ARTICLE III CENTRAL SEWERAGE AND WATER SUPPLY SYSTEMS Section 10-17. Any person proposing to establish or extend any sewerage system or any water supply which is to serve or to be capable of serving three or more connections shall notify the governing body of his intent to establish or extend the same at least sixty days prior to commencing construc- tion thereof. Such notice shall be in writing and shall be filed with the clerk of the governing body. In addition to the foregoing, such notice cha!l include the following information: (a) the location of the proposed sewerage system and/or water supply; (b) the number of connections proposed to be served thereby; and (c) the type of system and/or supply which is proposed. Section 10-18. The clerk of the governing body shall thereupon forthwith transmit a copy of the notice to the county engineer for his review and shall place the matter on the agenda of the governing body for consideration at a regular meeting thereof. Section 10-19. The county engineer shall cause the proposed system and/or supply to be inspected to insure that the same shall be adequate to render the proposed service. The applicant shall provide all information necessary to accomplish such inspection and shall comply with all regulations promulgated by the county engineer pursuant hereto. Upon completion of his inspection, the county engineer shall report to the governing body his findings concerning the adequacy of such system and/or supply to render the proposed service. Section 10-20. The county engineer shall have the authority to pro- .mulgate regulations, subject to review by the governing body, to implement the provisions hereof. Such regulations may concern both the substance and procedure of the review required hereby and shall be governed by sound engineering practice. (For authority of counties to review central sewerage and water supply systems, see Title 15.1, Chapter 9, Articles 5 and 7 respectively, of the Code of Virginia (1950), as amended.) AN ORDINANCE TO AMEND CHAPTER 18 OF THE ALBEMARLE COUNTY CODE CONCERNING CERTAIN DEFINITIONS FOR SUBDIVISION CONTROL BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that the Albemarle County Code be, and it hereby is, amended by the addition of four definitions, as follows: Section 18-2. Definitions. Central sewerage system. A sewerage system consisting of pipelines or conduits, pumping stations, force mains or sewage treatment plants, inclu- ding, but not limited to, septic tanks and/or drain fields, or any of them, designed to serve three or more connections, used for conducting or treating sewage, which is required to be approved by the governing body of the county pursuant to Title 15.1, Chapter 9, Article 5 of the Code of Virginia (1950), as amended. Central water supply.. A water supply consisting of a well, springs or other source and the necessary pipes, conduits, mains, pumping stations and other facilities in connection therewith, to serve or to be capable of serving three or more connections, which is required to be approved by the governing body of the county pursuant to Title 15.1, Chapter 9, Article 7 of the Code of Virginia. _ ~2kfPublic~ewerage system. Any sewerage system consisting of pipelines or conduits, pumping stations, force mains or sewerage treatment plants, or any of them operated by, for or under the authority of the Albemarle County Service Authority. Public water supply. A water supply consisting of a well, springs or other source and the necessary pipes, conduits, mains, pumping stations and other facilities in connection therewith, operated by, for or under the authority of the Albemarle County Service Authority. December 15~ 1976 (NJ ht~ [_: AN ORDINANCE TO AMEND CERTAIN DEFINITIONS IN THE ALBEMARLE COUNTY ZONING ORDINANCE BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Article 16 of the Albemarle County Zoning Ordinance be, and it hereby is, amended by the addition of three new sections, numbered 16-18.01, 16-18.02 and 16-70.1, and by the amendment of two existing sections 16-69 and 16-70, to read as follows, respectively: 16-18.01 Central Sewerage. System. A sewerage system consisting of pipelines or conduits, pumping stations, force mains or sewage treatment plants, including, but not limited to, septic tanks and/or drain fields, or any of them, designed to serve three-or more connections, used for conducting or treating sewage which is required to be approved by the governing body of the county pursuant to Title 15.1, Chapter 9, Article 5 of the Code of Virginia. 16-18.02 Central water supply. A water supply consisting of a well, springs or other source and the necessary pipes, conduits, mains, pumping stations and other facilities in connection therewith, to serve or to be capable of serving three or more connections which is required to be approved by the governing body of the county pursuant to Title 15.1, Chapter 9, Article 7, of the Code of Virginia. 16-69 Public sewerage system. Any sewerage system consisting of pipelines or conduits, pumping stations, force mains or sewerage treatment plants, or any of them, operated by, for, or under the authority of the Albemarle County Service Authority. 16-70 Public water supply. A water supply consisting of a well, springs, or other source and the necessary pipes, conduits, mains, pumping stations and other facilities in connection therewith, operated by, for or under the authority of the Albemarle County Service Authority. 16-?0.1 Public utility. Any plant or equipment for the conveyance of telephone messages or for the production, transmission, delivery or furnishing of heat, chilled air, chilled water, light, power or water, or sewerage facilities, either directly or indirectly, to or for the public. Agenda Item No. 14. Appropriation: Library Board for Architect's Study. Mr. Fisher noted receipt of a proposal from Yates and Berkeley Associates, Ltd., in Portsmouth, Virginia, entitled "A Proposal for the Evaluation of the Charlottesville Post Office/McIntire Library." He said the Board should be concerned with the first four scopes of the evaluation which are: Program - A thorough analysis of the goals and expansic program of the Library System applied ~o the 'Post Office Building; Program Development - InterviewS'with the professional staff of the Library to define functional needs, additional programs and services desired, and specific library requirements; Site~Evaluation - A survey of parking, traffic and vehicular and pedestrian access to the Post Office/McIntire site; and Preliminary Evaluation - A preliminary evaluation of the program requirements to the plan of the Post Office. If after the preliminary evaluation is completed and the findings are negative, the study will be concluded. The~Joint City/County Committee recommends that a contract such as this be entered into preliminary to negotiating for purchase_of the building. Mr. Dorrier asked if there is any guarantee the County can buy the building. Mr. Fisher said the County is not in a position to make an offer until they are sure the building can be used for a library. Dr. Iachetta had doubts about the location of a main library, in the downtown area. He did~not feel the mass of the future population would be downtown and that maybe this should be a branch library~ Mrs. David said this matter has been discussed for years and she could not see starting in a whole new direction at this time. At this time, Dr. Iachetta offered motion to participate with the City in the cost of this study and further requesting that the intitial evaluation of the feasibility of the conversion of the building be in writing; and also to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $5,000.00 be and the same hereby is appropriated from the General Fund and coded to 18B.3 for an evaluation of the post ogfice.building as a regional library facility. Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES': NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda.~It'em No. 6. meeting.) Appointments: Planning Commission. (Deferred from afternoon Mrs. David said she has felt that the terms of the Planning Commission members should coinGide with the terms of the Board of Supervisor members. In order to bring this about, several amendments are needed in Section 2-4 of the Albemarle County Code. She proposed that of the nine voting members, one shall be nominated from each of the six magisterial districts by the board member representing that district, and three shall be nominated to serve at large. Three of the members appointed from specified magisterial districts shall be appointed in each even-numbered year following county elections by nomination of the newly elected board members and for terms coextensive with theirs. One member-at-large shall be appointed each year for a three-year term. She also felt the Planning Commission December 15, 1976 (Night Meeting) 017 January 3, 1977, since the terms of two members of the Planning Commission will expire on December 31, 1976. Dr. Iachetta then offered motion to advertise an amendment to Section 2-4 of the Albemarle County Code for a public hearing on January 3, 1977 at 1:30 P.M. Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. NOT DOCKETED. Upon the recommendation of Mr. Fisher, Mr~ Roudabush offered motion to appoint Ms. Norma Diehl, resident of Sherwood Farms, to the Industrial Development Authority Board of Directors. Dr. Iachetta seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Mr. Roudabush suggested names be submitted for the at-large member for the Industrial Development Authority at the January 12, 1977 meeting. Mr. Fisher noted receipt of notice from the Chesapeake and Ohio Railway for authority to modify its station agency service at Bremo, Scottsville, Wingina-Howardsville and Dillwyn, Virginia,~.~y~ser~i~g said stations with a Control Agent at Bremo and a Traveling or Mobile Agent at the remaining stations. (This application is on file in the Clerk's Office.) Mr. Dorrier requested this be placed on the agenda at some time in the future so the Board could go on record about the matter since Scottsville will be affected. Mr. Roudabush said he had contacted some landowners in the northeast section of the County about the acquisition of land for a fire station. Two businessmen and citizens of the County have made an offer to donate approximately one acre of land in the vincity of Rio Road and Route 29 North. At this time, he offered motion to authorize Mr. Agnor, Dr. Iachetta and himself to negotiate with the owners and donors of the property and acquire title; to discuss the matter with members of the Jefferson Country Fireman's Association to get their concurrence on location and suitability of the property; and to make these arrangements and have same approved by the County Attorney before January 1, 1977, if possible. Dr. Iachetta seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Dr. Iachetta was informed at a meeting on December 14 of the local Highway Safety Commission, that a $25,000 grant will not be approved by the Highway Safety Commission for the driver education range at Western Albemarle High School. In view of this dilemna, he requested Mr. Agnor to reexamine the issue to see if there are any County funds for this expenditure. Claims against the County for the month of December, 1976 were pr~s~n~ed, examined, allowed and certified to the Director of Finance for payment and charged against the following funds' Commonwealth of Virginia--Current Credit Account General Fund School Fund Cafeteria Fund School Construction Capital Outlay Fund Textbook Fund Joint Security Complex Fund Town of Scottsville--l% Local Sales Tax Federal Revenue Sharing Fund General Operating Capital Outlay Fund $ 249.31 448,624.97 !,~0~,647.70 47,398.52 86,434.50 2,931.27 45,581.29 110.48 2,417.59 27,526.50 $2,'067.922.13 At 12:15 A.M., motion was offered by Dr. Iachetta to adjourn to January 3, 1977, at 1:30 P.M. in the Board Room of the County Office Building. Mrs. David seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None.