HomeMy WebLinkAbout1976-04-21N152
April 21, 1976 (Regular Meeting -
Night'~
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held
on April 21, 1976, at 7'30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia.
PRESENT' Mrs. Opal D. David and Messrs. Lindsay G. Dottier, Jr., Gerald E. Fisher, J.
T. Henley, Jr., F. Anthony Iachetta, and W. S. Roudabush.
OFFICERS PRESENT: Guy B. Agnor, Jr., County Executive; George R. St. John, County
Attorney; James Bowling, Deputy County Attorney-; and Robert Tucker, Director of Planning.
The meeting was called to order at 7:32 P.M.
No. 3. ZMP-76-02. Virginia Dryden Kellogg. (Deferred from March 24, 1976)
Mr. Fisher read the following letter into the record:
"April 19, 1976
Mr. Gerald E. Fisher
Chairman
Albemarle C~ounty Board of Supervisors
County Office Building
Charlottesville, Virginia
Dear Mr. Fisher:
This letter will serve to confirm our recent telephone
and personal conversations.
Our office has been requested to represent Mr. and
Mrs. Kellogg, petitioners for rezoning of the Ednam property.
We respectfully request that this matter be continued on the
agenda of the Albemarle County Board of Supervisors from the
meeting of April 21 to the first meeting in May. We request
~his continuance in order that we may have additional time
to address ourselves to solutions of the problems posed by
questions raised at the public hearing before Supervisors
relative to this application for rezoning.
Tha~nk you for your consideration.
Very truly yours,
(Signed)
William A. Perkins, Jr."
Motion Was offered by Dr. Iachetta to further defer this matter until May 5, 1976.
The motion was seconded by Mrs. David and carried by the following recorded vo~e'
AYES' Mrs. David and Mess~s. Dottier, Fisher, Henley, Iachetta~ and Roudabush. -~.~ ..... iir~
NAYS' None.
~ ~ At this time, the Board began public hearings as advertised in the Daily P~ogress on
April 7, 1976 and April 14, 1976.
No. 1. SP-11-76. Osborne S. Cosner. To locate a two-family dwelling on 3.81 acres
zoned A-1 Agricultural. Property on south side of Route 53 just east of intersection of
Route 729. County Tax Map 93, Parcel 47A. Scottsville District.
Mr. Agnor read the following communication into the record:
"April 7, i976
I hereby reques~ that the Board withdraw without prejudice
Petition No. SP-11-76 for Osborne Cosner.
(Signed)
Osborne S. Cosner"
Dr. Iachetta offered motion to withdraw this petition without prejudice.
seconded the motion and the motion carried by the following:
Mrs. David
AYES'
NAYS'
Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta and Roudabush.
None.
At 7:37 P.M., Mr. St. John asked the Chairman if he could address the item of accessory
tourist lo~ging which~was number eight on the agenda. He~ask~d~Jto do this at this time
because he had to leave the meeting before the. item would be heard. He stated that the
applicant had requested that the Zoning Ordinance be amended to allow this use as a seasonal
use running from May to October and not for the remainder of the year. Mr. St. John said
he believes this can be done if that is the desire of the Board. He also stated that the
newly codified County Code needs to be enacted tonight with an e~fective date of May 1
which is the due date for the County's Business License tax.
No. 2. Public hearing to adopt a New Code of Ordinances, which code shall contain
revisions through October 31, 1975. (Notice of this 'hearing was published in the Daily
Progress on April 7 and April 14, 1976, pursuant to Code of Virginia, Section 15.1-37.3).
(Chapter 11, known as Business License Ordinance, was advertised in full in the Daily Progres~
on March 6, March 13, March 20, and March 27, 1976.)
Mr. James Bowling, Deputy County Attorney, stated that Mr. Richard Morgan of the Michie
April 21, 1976 (Regular Meeting -
Night)
%
153
which had taken place since the initial printing of the Code. Mr. Bowling. proposed one
additional amendment to the Code in Section lla~6 by changing "holding Companies" to
read "holding companies, including holding company for mass media communications."
At this time, the public hearing was opened.
First to speak was Mr. Bill Perkins. He noted that although he had researched the
question thoroughly, he had not found any ordinance in the State of Virginia containing a
category attempting to indicate a holding company is a business. He said that a holding
company is not a businessland the county would be treading new ground if they tried to
put a license on a holding company.
Mrs. Joyce Colony, a music teacher, said she wanted to speak to Section 11-66, Part B.
She felt it was unfair to list music teachers and no other teachers. She stated that
the City of Charlottesville does not tax teachers of any-cultural activity. She asked that
this item b~t~:~.-.~om the O.~disance,
Mrs. Priscilla Rappolt, an artist, spoke next about Section 11-65. She urged
stricking of professional artists or sculptors from the license tax ordinance.
Next to speak was Eric Wise, an attorney for the Direct Selling Association. He
spoke on Chapter 17, Solicitors. He suggested an amendment, a licensing ordinance based
on the City of Danville's ordinance. That ordinance requires solicitors to be registered
but for those solicitors bound by a code of ethics handled by their company, they would be
exempt from the registration process.
Mr. Lamont Tupper, husband of an artist, was next to speak in opposition to the taxing
on artists. He did not feel it was fair to tax someone on their creativity.
At this time, Mr. Ray Jones, Director of Finance, said he had talked to the State
Department of Taxation and they had no record of a locality taxing a hol.ding company.
Although, they felt that nothing would prevent such a tax if based on gross receipts.
Mr. Bowling noted that if the Board excludes anyone in a professional occupation, that
occupation must be specifically spelled out.
At this time, the public hearing was closed. Mr. Fisher noted that the code must be
adopted this night in order to meet the deadline for the business and professional licenses
which become due May 1. If the Board wants to include exemptions for cultural activities,
this amendment can be advertised and adopted at a later date.
Mr. Dorrier offered motion at this time to adopt the following ordinance as submitted.
Mr. Henley seconded the motion and same was carried by the following recorded vote'
AYES'
NAYS'
Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta, and Roudabush.
None.
(Ordinance as Adopted Set Out Below)
AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES
OF THE COUNTY OF ALBEMARLE, VIRGINIA, ENTITLED "THE CODE OF THE COUNTY OF
ALBEMARLE, VIRGINIA OF 1975," PROVIDING FOR THE REPEAL OF CERTAIN
ORDINANCES NOT INCLUDED THEREIN, WITH CERTAIN EXCEPTIONS, AND FOR OTHER
PURPOSES HEREINAFTER SET OUT.
BE IT ORDAINED by the Board of Supervisors of the County of
Albemarle, Virginia:
Section 1. There is hereby adopted by the Board of ~upervisors
that certain Code entitled "The Code of the County of Albemarle,
Virginia Of 1975;" containing certain ordinances of a general and
permanent nature as compiled, consolidated, codified and ~ndexed
in Chapters 1 to 20, both inclusive, of which Code not less than
three copies have been and are now filed in the office of the
clerk of the governing body.
Section 2. The provisions of such Code shall be in force on
and after April 21, 1976, and all ordinances of a general and permanent
nature adopted on final reading and passage on or before .October 31,
1975, and not contained in such Code are hereby repealed from and
after April 21, 1976, except as hereinafter provided.
Section 3. The repeal provided for in the preceding section
of this ordinance shall not affect any offense or act committed or
done or any penalty or forfeiture incurred or any contract or right
established or accruing before April 21, 1976; nor shall ~t affect any
prosecution, suit or proceeding pending or any judgment rendered prior
to April 21, 1976; nor shall such repeal affect any ordingnce or resolution
promising or guaranteeing the payment of money for the CoUnty or
authorizing the issue of any bonds of the County or any evidence of
the County's indebtedness or any'~ontract or 'obligation assumed by
the County; nor shall it affect any annual tax levy; nor ~hall it
affect any right or franchise conferred by ordinance or resolutio~
of the County on any person or corporation; nor shall it
ordinance adopted for purposes which have been consummate,
it affect any ordinance which is temporary, although gem
or special, although permanent in effect; nor shall it a£
relating to the salaries of the County's officers or empl,
it affect any ordinance annexing territory to the County;
affect any ordinance naming, renaming, opening, accepting
streets or alleys in the County; nor shall it affect any
relating to zoning; nor shall it affect any ordinance ado
~ffect any
i; nor shall
~ral in effect,
~ect any ordinance
~yees; nor shall
nor shall it
or ~acating
)r~nance
~t~d on final
April 21, 1976 - (Regular Meeting -
Night)
Section 4. Whenever in. the Code adopted by this ordinance or
in any other ordinance or resolution of the County or in any rule,
regulation or order promulgated by any officer or agency of the
County under authority duly vested in him or it any act is prohibited
or is made or declared to be unlawful or an offense or a misdemeanor,
or the doing .of any act is required or the failure to do any act is
declared to be unlawful or an offense or a misdemeanor, where no
specific penalty is provided therefor, the violation of any such
provision of such Code or~ any other ordinance or resolution of
the County or such rule, regulation or order shall be punished by
a fine not exceeding one thousand dollars or imprisonment for a
term not exceeding thirty days, or by both such fine and imprisonment.
Except where otherwise provided, every day any violation of such
Code or any other ordinance or resolution of the County or such rule,
regulation or order shall continue shall constitute a separate offense.
Section 5. It is hereby declared to be the intention of the
Board of Supervisors that the sections, paragraphs, sentences, clauses
and phrases of this ordinance and the Code hereby adopted are severable,
and if any phrase, clause, sentence, paragraph or section of this
ordinance or the Code hereby adopted shall be declared unconstitutional
or otherwise invalid by the valid judgment or decree of a court of
competent jurisdiction, such unconstitutionality or invalidity shall
not affect any of the remaining phrases, clauses, sentences, paragraphs
and sections of this ordinance or the Code hereby adopted.
Section 6.
follows:
The Code adopted hereby shall be changed to read as
Section 1-2: Add: COunty executive. The term "county executive"
shal-1 be construed to mead the county executive of Albemarle County,
Virginia or his duly authorized representative.
Section 2-4' Line 10, after "commissions," add: ", except the
member of the board of supervisors serving this commission,".
Section 2-7: First line, delete "during the month of January"
and replace with "at such times as the hoard of su.pervisors may require
by resolution".
Section 2-34: Delete in its entirety.
Section 2-35: Delete in its entirety.
Add:
Chapter 2, Article VIII.
Organization.
Emergency Services
Section 2-43. Purpose of article; office created.
In order to develop and maintain an emergency
services organization to insure that preparations are
adequate to deal with disasters or emergencies resulting
from enemy attack, sabotage or other hostile action,
resource shortage, or from fire, flood, earthquake, or
other natural cause, and generally to protect the public
peace, ~ealth~ and s~afety and to preserve the lives and
property and economic well-being of the. people, 'it is
hereby found and declared to be necessary to provide
and authorize an office of emergency services.
Section 2-44. Director--Designated; deputy.
The director of emergency services shall be the
chairman of the board of supervisors and the c~hief
administrative officer for the county will be the
deputy director.
Section 2-45. Same--Powers and duties.
(a) The director shall be responsible for
organizing emergency services and directing
emergency operations through the regularly
constituted government structure, and shall
utilize the services, equipment, supplies
and facilities of existing departments, offices
and agencies of the county to the maximum extent
practicable. The off~icers and pers.onnel of ~a]l
such departments,-offices and agencies are
directed to cooperate with and extend such services
and facilities to the director or his agent upon
request. ~
(b) The director will prepare or cause to
be prepared and kept current a local emergency
operations plan. He may, in collaboration with
other public and private agencies develop or
cause to be developed mutual aid agreements for
reciprocal assistance in the case of a disaster
or emergency.
(c) The director shall have authority to
April 21, 1976 (Regular meeting -
Night)
1_55
Sec't'ion''2-4'6. Declaration Of local emergen'cy.
(a) A local emergency as defined in section
44-146.16(6), Code of Virginia, as amended, may be
declared by the director ~of emergency services with
the consent of the boa,r~d of supervisors. In the
event the board~of supervisors cannot convene due to the
disaster, the director or any member of the board of
supervisors in the absence of the director may declare
the existence of a local disaster, subject to confirmation
by the entire board of supervisors at a special meeting
within five days of the declaration. The board of
supervisors, when in its judgment all emergency actions
have been taken, shall take appropriate action to end
the declared emergency.
(b) A declaration of a local emergency shall
activate the response and recovery programs of all
applicable local and interjurisdictional emergency
operations plans and authorize the furnishing of
aid and assistance thereunder.
(c) The director following such declaration
shall notify the state office of emergency services
that all local resources have been committed in the
disaster and that assistance may be requested from
the state.
Section 3-12: Subsection (b)(4), delete language beginning "and,
if so . "to end of sentence.
Subsection (b)(5), delete in its entirety.
Add Section 3-17 to read as follows: "The provisions of this
chapter shall be subject to the county zoning ordinance."
Section 4-19:
areas,".
Subsection (a)(5), add at the beginning, "Crozet
Subsection (a): Add "(15) Queen Charlotte Subdivision as
platted and recorded in the office of the clerk of the circuit court in
D~ed Book 395, page 6.
Section 4-19: Subsection (b), line 4, delete language beginning
"either by being caged .... "to end of sentence.
Section 6-6: Delete (a) through (d) as written and insert following:
(a) Covesville Precinct, with the polling place
in the community of Covesville.
(b) Porter's Precinct, with the polling place
in the community of Esmont.
(c) Scottsville Precinct, with the polling place
in the community of Scottsville.
(d) Monticello Precinct, with the polling place
at Piedmont Virginia Community College.
Section 7-3:
following:
Subsection (b), delete as written and insert the
It shall be unlawful for any person who owns land in the county
willfully to suffer or permit any portion of his land to remain in
such condition that soil erosion and sedimentation causes reasonably
avoidable damage or harm to adjacent or downstream property, roads,
streams, lakes or ponds. The zoning administrator, on his own
initiative or upon complaint of any citizen, shall notify the owner
of any such land that such condi, tion exists, and shall require such
owner to submit an erosion and sediment Control plan to control such
erosion and sedimentation. If such owner fails or refuses to submit: such
plan to the zoning administrator within the time specified in such
notice, or if he fails or refuses to provide the controls required
by the plan approved by the zoning administrator within the specified
time period after notice of such approval, he shall be deemed to have
violated the provisions of this section and shall be subject to the
provisions of section 7-8 hereof for such violation; provided, that
the zoning administrator may, for good cause shown, extend the period
of such compliance for a reasonable time. In addition to all other
remedies, the zoning administrator may, upon proper finding, proceed
in accordance with section 7-6(c).
Section 7-4: Subsection (c), last sentence, change "county
planning department" to "zoning administrator".
Section 7-5: Delete in :[ts entirety and insert the following:
(a) At the time of their submission, all plans and specifications
required hereby shall be reviewed by the zoning administrator in order
to ascertain whether all items required by the handbook are shown thereon
156
April 21, 1976 (Regular meeting-
Night )
days after such submission. All plans and specifications shall show
all items required by t~he handbook prior to the submission to the
advisory committee.
(b) Upon certification that the plans and specifications are in
compliance as provided in (a) above, the zoning a~ministrator shall
submit them to the advisory committee. The advisory committee shall then
proceed to review the plans and specifications to ascertain whether they
are in compliance with the conservation standards of the h~ndbook. The
review shall take place at the next regular meeting of the committee
following the submission of the plans; except, that this review shall
take place not more than thirty-five calen-dar d.ay~ after submission
of the plans and specifications by the applicant. The advisory committee
may request such information as it may deem necessary for a proper review
of the plans and specifications. A member of the advisory committee,
accompanied by the applicant shall make an inSPection of the site in
question as part of the review of plans and specifications. After its
review, the committee shall return its recommendation to the zoning
administrator as to whether or not the plans and specifications as
submitted are in accordance with the standards of the handbook.
(c) The zoning administrator shall, in accordance with the
recommendations of the advisory committee, approve o~ disapprove the
plans an~ specifications as submitted; provided, that prior to taking
action, the zoning administrator may refer to the committee such
specific questions concerning the application as may be reasonably
necessary to the proper administration of this chapter; but provided
further, that in any event, the zoning administrator shall approve
or disapprove the plans and specifications Within forty-five calendar
days after application is made.
Section 7-6:
following:
Subsection (b), delete as written and insert the
(b) If it is determined under (a) above that the permit holder
has failed to comply with the plan, the zoning administrator shall
immediately serve upon the permit holder by registered or certified
mail to the address specified by the permit holder in hi~ permit
application a notice to comply. Such notice shall set forth specifically
the measures needed to come into compliance with-such plan and shall
specify the time within which such measure shall be completed. If
the permit holder fails to comply within the time specified, he-may be
subject to revocation of the permit and shall, in addition, be deemed
to be in violation of this chapter.
Add Section 7-6, subsection (c) as follows:
(c) In the event that the permit holder shall fail to comply
with a notice as provided in (a) above, upon finding that such action
is reasonably nece~sa-ry to protect the public health, safety and welfare,
the zoning administrator may cause the necessary measures to be taken
and shall proceed to recover the expenses of such action as provided
in section 7-8 hereof.
Add Section 7-9:
Section 7-9, Authority of zoning administrator to establish
administrative procedures.
The zoning adm.inistrator Shall have the power to establish reasonable
administrative procedures for the administration of this chapter.
Add Article II to Chapter 7 as follows:
A~ticle II. Protection of Water in South Rivanna River Reservoir.
Section 7-10. Purpose of article.
The purpose of this article is to protect against and minimize
the pollution and eutrophication of the South Rivanna River Reservoir
resulting fro~ development in the drainage basin thereof on an interim
basi~ pending the completion of studies designed to determine the effect
of such development upon the reservoir. It is hereby found by the board
of supervisors as a matter of legislative determination that this article
is necessary to prevent p~llution of the reservoir and to protect health,
safety and welfare of the people of the county.
Sec~t ion 7-11. Definitions.
For the p~rposes of this article, the f011owin~ ~erms shall be
defined as follows:
Development. Any construction, external repair, land-disturbing
activity, grading, road building, or other activity resulting in a change
of the physicaZ character of an~ parcel of land, except as herein otherwise
expressly provided.
Immediate drainage area. That portion ~of the county lying within the
watershed of the South Rivanna River: (1) Bounded by an arc having a
radius of five miles as measure~ from the w~ter supply intake pipe of ~he
April 21, 1~76 (Regular meeting-
Night )
157
reservoir and (2) lying within five hundred horizontal feet of the edge
of the reservoir at normal pool or within five. hundred horizontal feet
of the centerline of any perennial or intermittent stream flowing directly
into the reservoir. In addi'tion, any area having a slope in excess of
fiftee~ percent which is immediately adjacent to the five hundred foot
boundary line as herein defined, shall be deemed to be included within
the immediate drainage area. A map labeled "South Rivanna River Reservoir
Immediate Drainage ~rea," showing the boundaries as herein described,
is incorporated herein by reference and copies of such map are on file
in the office of the zoning administrator.
Permit. Any building permit, erosion control permit, or flood plain
permit which is required to be issued by any board, committee, officer~
employee or other agency of the county as a prerequisite to any development.
Section 7-12. Issuance of permits.
No permit shall be issued for any development in the immediate
drainage area of the South Rivanna River Reservoir until such time as the
board of supervisors shall have determined that such development will have
no substantial adverse effect on the reservoir or on the quality of the
water therein.
Section 7-13. Exemptions.
Notwithstanding any other provision of law, the f-ollowing shall be
exempt from the effect of this article:
(a) The construction, repair, enlargement, or other activity other
than road building, relating to any single family detached dwelling located
upon a l~t having a minimum area of one acre; provided, that no such
activity shall be permitted within two hundred horizontal feet of the edge
of the reservoir at normal pool nor within two hundred feet of the
centerline of any perennial or intermittent stream flowing directly into
the reservoir;
(b) The repair or reconstruction of any structure which repair or
reconstruction is necessitated by forces beyond ~the control of the owner
of Such structure, which repair or reconstruction shall be necessary to
prevent a clearly demonstrable hardship approaching confiscation or a
situation dangerous to the public health, safety and welfare, and which
repair or reconstruction will, in the opinion of the board of supervisors,
have no significant impact on the quality of water in the South Rivanna
River Reservoir;
(c) The tilling, plknting or harvesting of agricult.ural, horticultural
or forest crops or products or engineering operations under section
21-2(c) of the Code of Virginia, as amended;
(d) Nothing in this section shall be construed to permit the
issuance of any permit for any land-disturbing activity as defined in
article I of this chapter;-provided that, notwithstanding any provision
of law to the contrary, any activity necessary for the elimination of any
condition which constitutes a danger to the public health, safety and
welfare may be carried out as otherwise provided by law.
Section 7-14. Construction of article.
This article is ~eclared to be remedial in nature and protective
of a paramount public interest and shall be liberally construed to
effectuate its purpose.
Section 7-15. Duration of terms of article.
This article shall take effect upon February 25, 1976 and shall
remain in effect until repealed by the board of supervisors; provided,
however, that this article shall terminate and be of no further effect
on and after January 1, 1977, unless the same shall theretofore have
been reenacted in accordance with law.
Section 8-9: Delete "revenue" in last line of section.
Section 8-13: Subsection (b), eighth line, change "dollar" to
"dollars" and add "be" between "shall two".
Section 8-33: Delete first sentence of subsection (b) and insert
the following: "A reapplication shall be submitted by December 31
preceding the tax year for which taxation is sought whenever the use or
acreage of such land previously approved changes. Failure to submit a
reapplication by December 31 shall disqualify the entire parcel for
taxation under this article."
Section 9-18: Change "unsued'! to "unused."
Add Section 9-22.1 as follows:
158
April 21, 1976 (Regular meeting -
Night)
Section. 9-22.1. Limitation on burning of leaves between
October 1 and March 1.
The disposal, by open burning, of leaves originating on
private property and burned on those premises shall be lawful
during the period October 1 to March 1; provided, that:
(a) No fire is built within twenty-five feet of any
structure, within five feet of an adjoining property line,
nor on any highway right-of-way;
(b) Such burning is done between 9:00 A.M. and 5:00 P.M.
and all embers are totally extinguished at the end of this period;
(c) Only leaves are burned and they are dry enough to burn
without smoldering;
(d) The leaves are burned in reasonably small piles so
as to minimize smoke and danger from fire getting out of control;
(e) The fire is attended at all times;
(f) No flammable liquid or combustible solids, other than
leaves, are used in the fire;
(g) Water and tools for control of the fire are available
and on hand at the site of the fire.
Section 9-23: Add the following sentence:
Every person who shall burn leaves as permitted by this
article shall do so. at his own risk.and shall be liable for
damage caused by any fire which Dscapes or gets out of control.
Add Section 9-23.1 as follows:
Section 9-23.1. Authority of county fire ~arshal.
(a) The county fire marshal shall have authority to suspend
this article and ban all open burning during excessive drought or
dry spells or for reasons of prevailing atmospheric conditions.
(b) Notice of such suspension shall be communicated
promptly to all local radio and television stations and daily
newspapers.
Add Section 9-23.2 as fellows:
Section 9-23.2. Petitions to ban burning in designated
areas.
The residents of any subdivision or or-her clearly defined
area in the county may petition the board of supervisors to enact
supplementary ordinances banning all open burning of leaves in
such area.
Add Section 9-25 as follows:
Section 9-25. Constr~ction of article.
(a) During the period May 16 to September 30, all open
burning of leaves shall be subject to the regulations of the
state air pollution control boayd.
(b) Nothing in this article shall be construed to permit
the burning of household garbage or any other materials except
in accordance with this article or the regulations of the state
air pollution control board.
Section 11-1:
to, and".
Second line, delete "businesses hereinafter referred
Section 11-2: In definition of gross receipts change reference
to section "11-68" to "11-65".
Section 11-4: Subsection (a), second line, between "privilege"
and "doing business", change "or" to "of".
Section ll-S: Second line, change "once" to "one"
Section 11-10: Subsection (b), change "transferrer" to "transferror"
whenever it occurs in this subsection.
Section ll-ll:
con s.p i cuous".
Subsection (a), third line, delete "and
Delete subsection (b) in its entirety.
Section 11-12: Subsection (c), third line, delete "and there
shall be collected interest at six percent per annum of such tax and
penalty on which such tax becomes delinquent."
April 21, 1976 (Regular meeting -
Night)
15@
Section 11-15: Subsection (b), line 9, delete language beginning
"and at the same time" to the end of the sentence.
Subsection (c), line seven, insert "six" for "three".
Section 11-16:
with the following:
Delete subsection Ca) in its entirety and replace
"(a) The director of finance is empowered to certify to
the board of supervisors any instances of erroneous assessments. Upon
receipt of such certificate consented to by the county attorney and
approved by the board of supervisors, the director of finance is directed
to make a refund."
Section 11-18: Subsection (a), add the following at the beginning:
"Except as otherwise provided".
Subsection (a), delete "gross sales".
Subsection (a), last line, delete "a certificate" and replace
with ',an" and add "certificate" after "exemption".
Subsection (b), line 2, delete "for dance halls" and insert
"11-49" for "11-50".
Section 11-21: At the end of the first sentence add "and the amounts
of such subcontracts."
Section 11-22: Subsection (a), last line, insert "to" between
"refuse" and "answer".
Subsection (b), first line, insert "his duly qualified" between
"and" and "assistants".
Section 11-23: Add "is" between "or" and "convicted" on line 2.
Section 11-24: Add "except as otherwise provided" at end of section.
Section 11-27: Subsection (e), delete "in the county"
Subsection (g), delete in its entire~y.
Subsection (i), delete "and for each druggist license in the
county".
Subsection (j), delete in its entirety.
Section 11-30: Line 3, after "five dollars" add "per room,"
Section 11-39: Delete in its entirety.
Section 11-49: Subsection (b), next-to-last line, add "or
circus" after "carnival"
Section 11-50: Subsection (a), delete as written and substitute
the following: "(a) Eve'ry person operating a dance hall shall pay
an annual license tax of one hundred dollars."
Section 11-55:
"tax".
Section 11-56:
Subsection (a), third line., change "fee" to
Delete in its entirety and substitute the following:
"Every person engaged in the business of erecting a building for the
purpose of selling or renting it and making no contract with-a duly
licensed contractor for the erection of such building, whether or not
such person contracts with one or more duly licensed contractors for one
or more portions, but does not contract with any one person for all of
the work of erecting any one of such building, shall be deemed to be
a specul.ative builder, and, where the entire cost of erecting the
building or buildings shall exceed twenty-five thousand dollars, for
the privilege of transacting business in this county, shall pay a license
tax of twenty-five dollars, and where the entire cost of erection of
such building exceeds twenty-five thousand dollars, the tax shall be
fifteen cents on each one hundred dollars in addition thereto. In
computing the cost of erecting the building, the value of the land
shall not be considered, but it shall include the cost of offsite
improvements, namely, water systems, sanitary sewerage systems, storm
drainage systems and road improvements when such speculative builder
does not contract with a duly licensed contractor therefor."
Page 107, division 4. heading, change "Merchants"~to "Vendors".
Section 11-64: In definitions of "retail merchant" and "wholesale
merchant" delete "enumerated" and replace with "as set forth".
Section 11-65: Delete "Bookkeeper, public".
Delete. "Public stenographer".
160
April 21, 1976 (Regular meeting -
Night )
Section 11-66:
with following:
Delete subsection (b) in its entirety and replace
(b) The business, 9ccupation or trade of:
Addressing letters or envelopes.
Bookkeeper, public.
Cleaning chimneys, furnaces.
A clinical laboratory.
Computer service operated for compensation.
A correspondent establishment or bureau.
A day nursery (other than fost'er home).
A drafting service.
Eradication or extermination of rats, mice, termites,
vermin or bugs.
Erecting, installing, removings, storing awnings.
Freight traffic bureau or agency.
Fumigating to prevent the spread of disease.
Furnishing clean diapers.
Furnishing house cleaning service.
Furnishing janitor service.
Furnishing labor services.
Furnishing messenger service, except telephone or
telegraph messenger service.
Furnishing statistical service.
Hauling or transfer, not in connection with taxicab
business.
Holding companies, including holding company.vfor mass
media communications.
Job printer, printing shop, bookbinding, duplicating
process.
A laundering, cleaning, pressing or dyeing establishment.
A music teacher.
A ~ewspaper delivery service.
A nurse's registry.
A nursing or convalescent home.
Operating a kennel, or small animal hospital.
Operating a scalp treating establiShment.
Packing, crating, shipping, hauling or moving goods or
chattels for others.
Parking lots.
A photographer.
A physician's registry.
Picture framing or gilding.
A press clipping service.
Private school (other than religious and nonprofit).
A protective agent or agency.
Public garage.
Renting airplanes.
Renting any kind of tangible personal property.
Renting bicycles.
Renting or furnishing automatic washing.
Rug cleaning.
A secretarial service.
Stenographer, public.
Storage, all types.
Supplying clean linen, coats, aprons, tOwels.
A tabulating service.
Telephone answering service.
Title insurance company,
U-drive-it firm or business.
A vehicle title service.
Vehicular advertising, electric advertising, bus advertising,
commerical advertising.
Persons accepting or offering to accept or place orders, which
such person wil~l deliver at a later date, for the sale of medicines,
perfumes, salves, liniments, cosmetics, cookware, plastic wares, brushes,
books, magazines, vacuum cleaners or any other merchandise and not having
a regular place of business in the county but who sells or offers to sell
from house to house, or at parties or meetings arranged for that purpose.
Ail other similar personal service or business service occupations,
trades or businesses not included herein and not otherwise taxed by
this chapter.
Subsection (c): Delete in its entirety.
Sect ion 11-68:
"Ant iques".
Move "auto accessory, tire, battery" to follow
Add "Alcohol~ic beverages" after "Aircraft or aircraft parts".
Add Section 11-79: "The owner or manager of a trailer camp or
park shall keep a registration book and shall register all trailers
using, occupying or present in the camp or park, which book shall be
available for inspection at all times."
Section 12-16: At end of section add "and transportation."
Section 12-26:
section.
Insert "tax" for "fee" wherever it occurs in such
April 21~ 1976 (Regular meeting -
Night)
161
Sect ion 12-27:
section.
Insert "tax" for "fee" wherever it occurs in such
Section 12-28: Delete "revenue".
Section 13-7: Delete in its entirety and insert the following:
"It shall be unlawful for any person to engage in disorderly
conduct. A person is guilty of disorderly conduct if, with the inten~
to cause public inconvenience, annoyance or alarm, or recklessly creating
a risk thereof, he:
(a) Ia any street, highway, public building, or while in or on a
public conveyance, or public place engages in conduct having a direct
tendency to cause acts of violence by the person or persons at whom,
individually, such conduct is directed; provided, however, such conduct
shall not be deemed to include the utterance or display of any words or
to include conduct otherwise made punishable under ~itle 18.2 of the
Code of Virginia; or
(b) Willfully, or being intoxicated, whether willfully or not,
disrupts any meeting of the governing body of any political subdivision
of this state or a division or agency thereof, or of any school, literary
society or place of religious worship, if such disruption prevents or
interferes with the orderly conduct of such meeting or has a direct
tendency to cause acts of violence by the person or persons at whom,
individually, such disruption is directed; provided, however, such
conduct shall not be deemed to include the utterance or display of any
words or to include conduct otherwise made punishable under title 18.2
of the Code of Virginia.
The person in charge of any such building, place, conveyance or
meeting may eject therefrom any person who violates any provision of
this section, with the aid, if necessary, of any persons who may be called
upon for such purpose.
Any person guilty of a violation of the provisions of this section
shall be punished by a fine of not more than one thousand doll.ars~or
imprisonment for not more than twelve months, or by both such fine and
imprisonment.
Section 13-13: Third line, change "city" to "regional".
Section 13-14: Second line, insert "regional" before "publfc
library".
Third line from bottom, delete "city" and insert "regional".
Section 14-1: Delete in its entirety.
Section 14-2: Add "Trash and other waste shall be deposited in
containers provided for this purpose."
Section 14-3: Delete first sentence.
Section 14-4: Delete in its entirety and replace with the following:
"(a) I~ shall be unlawful for any person to discharge a firearm
in any park lands owned or controlled by the county.
"(b) I~ shall be unlawful for any person to use a bow and
arrows in any park lands owned or controlled by the county."
Section 14-5: Delete in its entirety.
Add Section 14-6.1: "Camping is permitted in areas so designated
but only when a permit has been obtained from the county executive."
Add Section 14-6.2: "County parks shall open at dawn and shall
close at sunset. Activities after dark may be permitted upon written
approval by the county executive."
Section 14-8: Delete first sentence; second sentence, delete "game
and"; third sentence, delete in its entirety.
Section 14-9: Add to last sentence "except for those boats operated
under the direction of the county executive for public safety purposes."
Section 14-11: Subsection (a)(2) add "Children 4 to 12 years of age,
ten dollars".
Subsection (a)(2) b, delete "between the ages of 4 and 18" and
replace with "residing in the same household".
Subsection (b), after "collected" in next-to-last line, delete
remainder of sentence; add "Fees for rental of county-owned boats shall be
determined by order' o£ the county executive~"
Section 15-2: Delete "Joint jail board".
Section 15-3: Add the following: "The member of the board of
162
April 21, 1976 (Regular meeting-
Night)
Section 16-11: Add "The provisions of this section shall not
be construed to prohibit the use of the Ivy landfill by residents of
the City of Charlottesville."
Section 17-3: Add "Any permit issued under the provisions of
this chapter shall be vOid upon conviction of a violation of the
provisions of this chapter."
Add Section 17-6(h): "Persons selling cut fire wood."
Section 18-2: Add "Virginia Department of Highways or state
department of highways. The Virginia Department of Highways and
Transportation."
Section 18-18: Delete as written and insert the following:
All required improvements shall be installed at the cost of
the subdivider. Where cost sharing or reimbursement agreements
between the county and the subdivider are appropriate, the same
shall be entered into by formal agreement prior to final plat approval and
shall be subject to inspection and acceptance by the Virginia Department
of Highways and Transportation. Easements and lines for water and sewer
services shall be subject to approval by the Albemarle County Service
Authority; drainage easements shall be subject to approval by the county
engineer. In cases where specifications have been established, either by
the Virginia Department of Highways and Transportation for streets, etc.,
or by this section, such specifications shall be followed. Portions of
the subdivider's performance bond may be released by the agent for the
board of supervisors, after the completed construction or improvements
have been inspected and accepted as being in compliance with approved
plans by the county engineer, the agent for the board of supervisors,
or by the Virginia Department of Highways and Transportation, as
required by law. After final completion of a road con~structed for
inclusion into the state highway system, the agent for the board of
supervisors may release the total construction bond provided the
Virginia Department of Highways and Transportation has approved final
construction of such road and, provided further, that bond in favor of
the county, with security sufficient to ensure that such road shall be
maintained to the standards of the Virginia Department of Highways and
Transportation until such road shall have been accepted into the
state highway system, is posted with the county. The amount of the
maintenance bond shall be determined by the following criteria in
conjunction with section 18-40:
Class A. Five hundred dollars minimum up to two hundred linear
feet plus two dollars per linear foot thereafter;
Class B. Five hundred dollars minimum up to two hundred linear
feet plus two dollars and twenty-five cents per linear foot thereafter;
Class C. Five hundred dollars minimum up to two hundred linear
feet plus three dollars and fifty cents per linear foot thereafter.
Ail improvements shall be in accordance with the requirements
set forth in this .chapter.
Section 18-24: Delete as written and insert the following:
No final subdivision plat shall be approved by the board of
supervisors, or its agent, unless and until the subdivider shall
have obtained an erosion control permit pursuant to chapter 7 of
this Code or shall present satisfactory evidence that no such permit
is required.
Section 18-40:
December 18, 1975.
Insert resolution adopted by board of supervisors
No. 4. SP-08-76. Marvin C. and Lida C. Gibson. Request to locate a two-family
dwelling on 2.8 acres zoned A-1. Property on the east side of Route 706 approximately
2.8 miles south of intersection of Route 631. County Tax Map 89, Parcel 23B(11) Scottsville
District. (Advertised in the Daily Progress on April 7, 1976 and April 149 1976).
Mr. Robert Tucker read the staff report:
"The southeastern side of State Route 706 is substantially developed with single-family
and three mobile homes. The northwestern side of the road is basically in larger parcels
in the immediate area with a mobile home park in the vicinity. The Comprehensive Plan
indicates agricultural use for this area with the nearest village cluster (Crossroads)
approximately three miles away. It has been the policy of the Board of Supervisors and
the Planning Commission not to allow two-family dwellings in areas other than those designate(
as community or village clusters in the Comprehensive Plan. The reasons for this are that a
precedent for duplex development would be set in these areas and that such development
could alter the character of these areas.
On July 24, 1974, the Board of Supervisors denied a petition by another applicant
for a two-family dwelling about two and one-half miles northeast of this property. Because
this property is located about three miles from the nearest designated cluster, the staff
recommends denial of this petition.
April 21, 1976 (Regular meeting -
Night )
i 63
Mr. Tucker then stated that the Planning Commission recommended approval with the
following four conditions:
1. Approval of appropriate state and couhty agencies;
2. Four off-street parking spaces to serve the two-family dwelling;
3. Health department approval;
4. Health statement received from Mrs. Gibson's docto~
Mr. Roudabush asked if a special permit is issued to the'applicant only or if it runs
with the land. Mr. Tucker said the County Attorney said the permit ru~s~,~it~h..~e.-land.becaus~
it could not be defended in court if issued to the applicant only.
Mr. Marvin Gibson was present in support of his petition.
a letter from his wife's doctor stating her health condition.
letter.
He presented to the Board
The Board members read the
The public hearing was opened, but no one spoke for or against issuance of this permit.
At this time, motion was offered by Mr. Henley to approve SP-08-76 with the Planning
~o~,~.sston s reco ~mmend.ations:~ Dr. Iachetta seconded the motion and vote was carried as
f~t~ows:
.N~ys~.AYES None. Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta, and Roudabush.
No~ ~5, SP-10-76.
#166, To locate an a~dition~to a fraternal lodge o~
on south side of Route 609 about one-half mile west
Parcel 2B~ White Halt District.
The Junior Order United Ame~'ican Mechanics, Free Union Council
· 2 acres zoned A-1 Agricultural. Propert
of Route 665. County Tax Map 29,
Mr. Tacker read the staff report'
"The area is rural in nature'with wooded areas
pasture to the south. The building is clearly visi~
west.
The applicant informed the staff that activity
night meetings per month of the Order and dances ev~
is a poll for a voting precinct and is used for oth~
to the north and east-of the site and
.le from seven single-family homes to the
at the existing structure consists of two
ry other week. In addition, the building
~r community activities. The proposed
addition would add seaiing capacity for seventy people.
Approval of this petition would bring the existing use in conformity with the zoning
ordinance. The Planning Commission recommended approval of this petition subject to the
following conditions:
1. Approval of appropriate state and local agencies;
2. Review of proposed addition and existing structure by Albemarle County
Fire Marshal;
3. Parking and access - egress to be approved by staff;
4. Screening from single family uses to the west and Route 609 to be
determined by the ~taff."
Mr. Curtis Wood, was present representing the Order. He stated the council is opposed
to screening with white pines four feet tall on 10 foot centers.
Mr. Roland Via presented to the Board a petition signed by ten adjacent property owners
who did not feel it necessary to have screening surrounding the lot. He also had a letter
which was submitted by a property owner who owns property between the hall and his house.
This property owner was opposed to the screening.
No one else rising to speak, the public hearing was closed.
Mr. Henley offered motion to approve SP-10-76 with the Planning Commission's recommenda-
tions e~m~inating condition 4. Dr. Iachetta seconded ~the motion and vote was recorded as
follows'
AYES:
NAYS:
Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta, and RoudabUsh.
None.
No. 6. The Albemarle County Planning Commission adopted a resolution of intent to
amend the Albemarle County Zoning Ordinance to include "Article 7.1, Commercial Office Distri~
CO." The purpose 6f this zone is designated primarily to accommodate transitional land
uses between commercial activities and residential land uses, and shall be limited to
offices for business and professional use and other similar uses which are not characterized
heavy trucking or by other nuisance factors. Mr. Tucker said the Plannin~ Commmission
recommended the amendment with the following wording:
"Articl~ 7.1 Commercial Office District CO
For state law as to authority of board of supervisors-
to establish commercial'zoning districts, see Code
of Va., Section 15.1-486(a).
Section 7.1-1. Purpose
This district is designed primarily to accOmmodat.e transitional
land uses between commercial activities and residential land uses, and
shall be limited to offices for business and professional use and'other
similar uses which are not characterized by heavy trucking or by other
nuisance factors.
164
April-21, 1976 (Regular meeting -
Ni h~
Section 7.1-2. Uses--Permitted by right
The following ~ses shall be permitted by right:
(a) Banks and savings and loan institutions.
(b) Churches.
(c) Medical centers.
(d) Libraries.
(e) Off-street parking as required by this ordinance.
(f) Offices for business and professiona} use.
(g) Underground public utilities: Lines, transformers, pipes,
meters, and related or similar facilities; water and sewerage
distribution lines; telephone exchange and dial centers, offices.
(h) Fi~e and rescue stations.
(i) Establishments limited to the filing of prescriptions and the
sale of pharmaGeutical and similar supplies, not exceeding two
thousand square feet in gross sales floor area.
(j) Educational institutions.
(k) Nursery schools.
(1) Day nursery.
Section 7.1-3. Uses--Permitted by special use permit.
The following uses may be permitted by special use permit:
(a) Construction facilities, temporary, in accordane, e with the
definition of construction facilities contained in Section 16-21.
(b) Hospitals.
(c) Funeral homes.
(d) Public utilities:
(e)
(£)
Public water and sewe~ transmission mains or
trunk lines and treatment facilities, pumping stations; electrical
power transmission lines and towers, oil and gas transmission
pipelines and pumping stations, unmanned telephone exchange centers,
microwave and radio wave transmission and relay towers and
substations.
Clubs and lodges, civic, fraternal and patriotic.
Uses permitted in Sections 7.1-2 and 7.1-3 occupying buildings
whose height is in excess of forty feet in accordance with Section
7.1-7(a) of this Article.
Section 7.1-4. Area requirements.
(a)
Minimum lot size: No regulation except setback, yard and height
regulations and for those uses not served by a public sewer system
and a public Water supply. The required area for such use shall be
approved by the health officer. The administrator may require a
greater area if considered necessary by the health officer.
(b) Maximum percent lot coverage: Eighty percent.
S~ction 7.1-5. Setbacks.
All structures, except signs advertising sale or rent of the property,
shall be located fifty feet or more from any street right of way or one"
foot for each one foot of building height, whichever is greater.
Section 7.1-6.
(a)
Yards.
Side. The minimum side yard adjoining or adjacent to a residential
or agricultur'e d. is.t:~&¢~t.>shall be fifty feet.
Rear. The miaimum rear yard adjoining or adjacent to a residential
or agriculture district shall be fifty feet.
Section 7.1-7. Heights.
(a)
There shall be a maximum height limit for permitt-ed buildings of
forty feet; provided, that the Board of Supervisors may, by special
permit, authorize buildings in excess of forty feet up To a maximum
of 60 feet in height.
April 21 1976 (Regular meeting -
' Night )
(c)
permitted up to thirty feet above the permitted maximum
height of the building. Parapet walls may be up to four
feet above the height of the building on which the walls
rest.
No accessory structure which is within ten feet of any lot
line shall be more than one story high. All accessory
structures shall be less than the main structure in height.
Section 7.1-8. Accessory Structures.
(a)
Accessory buildings' aggregate area shall not exceed twenty-five
percent of the site which is not occupied by the primary building.
(b)
Accessory buildings shall not be located closer than twenty-five
feet to .any side or rear property line when adjoining or adjacent
to a residential or agricultural district.
Section 7.1-9. Minimum Off-St-r. eet Parking.
Minimum off-street parking requirements shall be as set forth in Section
11-7.
Section 7.1-10. Signs.
Requirements for signs shall be as set forth in Article 15A.
Section 7.1-11. Screening; Landscaping.
(a)
Permitted uses shall be conducted wholly within a completely
enclosed building or within an area enclosed by such fencing
or screening as the planning commission shall recommend in
order to effect the purposes of this ordinance.
(b)
Landscaping may be required within an established or required
front setback area. 'The plans and execution must take into
consideration traffic hazards. Landscaping may be permitted
up to a height of three feet within fifty feet from the corner
of any intersecting streets.
(c)
Sufficient area shall be provided to adequately screen permitted
uses from adjacent residential districts and for off-street
parking of vehicles incidental to the business, its employees
and clients.
Section 7.1-12. Site Plan Approval.
Site plan approval requirements shall be as set forth in Article 17."
* * * * * * * * * *
Also, to amend the definition section of the Zoning Ordinance with the definitions as
set out below:
"16-30.1.
Educational Institution. A place for systematic instruction
in any branch or branches of knowledge; a school.
16-58.1.
Medical Center. Establishment wherein medical care is provided
on an out-patient basis, as distinguished from a hospital or a
professional office.
16-64.1.
Nursery School. A school designed to provide daytime instruction
for two or more children from 2-5 years of age inclusive, and
operated on a regular basis.
16-23.1.
Day Nursery. An agency, organization, or individual providing
daytime care of six or more chil4ren not related by blood or
marriage to, or not the legal wa~ds or foster children of,
the attendant adult.
,,
,
* * * * * * * * ~ *
At this time, the public hearing was opened.
Mrs. Dorothy Spiedel, representing Citizens for Albemarle, said "the commercial
office zone would be an important planning tool to add to our present ordinance. It would
be an appropriate zone to act as a buffer between our present B~I zone and residential zones.
The Planning Commission has recommended a height limitation of forty feet by right and higher
by special permit. On reflection, we feel that the height limit by right ought to be the
same as in the residential zones, RS-l, R-I, and R-2, and that is thirty-five feet. If a
'higher building is wanted and appropriate, the special permit approach could be used.
Please consider this change to thirty-five feet. Aside from this, we heartily support this
new zoning."
Mr. Tucker read the following letter from the League of Women Voters'
April 21, 1976 (Regular meeting -
Night )
"April.! 21, 1976.
TO:
RE:
Albemarle County Board of Supervisors
Commercial Office Zone
We are pleased that you are considering amending the zoning
ordinance with a C~mmercial Office zone. As we have said numerous
times in the past, the flexibility offered by a variety of
commercial zones is essential to managing the County's growth
effectively. Protection of existing residential areas is an
important goal and one which will be made easier with this
transition zone. There are many places ~here some of the uses
allowed in the B-1 Business Zone would be inappropriate. Therefore,
there is a real need for this more limited commercial zone, and
we urge its adoption.
(Signed)
Kathryn H. Gilman
2nd Vice President -Couniy"
At this time, the public hearing was closed.
Mr. Roudabush felt it would be difficult to require people to go through the special
permit process for pole lines. This will involve public service organizations. He supporte,
the ordinance as presented but striking the word "underground" in Section 7.1k2(g) and
inserting "poles" before "lines". The remainder of the Board concurred.
Discussion followed in regard to the height limitations. The consensus of the board
was that thirty-five feet should be set rather than the forty as proposed by the Planning
Commission.
At this time, Mr. Roudabush offered motion to amend the~Zoning Ordinance by the inclusi.
of Article 7.1, but with the following sections'_~ha~ged to read as set oht below:
Section 7.1-2(g)
Public utilities: Poles, lines, transformers,
pipes, meters, and related or similar facilities;
water and sewerage distribution lines; telephone
exchange and dial centers, offices.
Section 7.1-3(f)
Uses permitted in Sections 7.1-2 and 7.1-3
occupying buildings whose height is in excess
of thirty-five feet in accordance with Section
7.1-7(a) of this Article.
Section 7.1-7(a)
There shall be a maximum height limit for
permitted bU~lding~s of thirty-five feet; provided,
that the Board of Supervisors may, by special
permit, author£ze buildings in excess of thirty-
five feet up to a maximum of 60 feet in height.
Mrs. David seconded the motion and same carried as follows:
AYES:
NAYS:
Mrs. David and MessrS. Dottier, Fisher, Henley, Iachetta and Roudabush.
None.
No. 7. The Albemarle County Board of Supervisors adopted a resolution of intent to
amend the Albemarle County Zoning Ordinance, Section 18-3-~, Article 18, Scenic Highway
Designation. Thi~ amendment deals with permitted parking along a designated scenic
highway. Mr. Tucker read the Planning Commission's recommendation:
(A)
In order to permit adequate screening, no parking shall
be allowed within fifty feet of the right-of-way of
any designated scenic highway or Virginia byway on land
zoned Commercial.
(B)
On land zoned Ind-ustrial, no parking except visitor
parking, shall be allowed closer to the right-of-way
of any designated scenic highway or Virginia byway
than the side of any building facing any such
highway. Visitor parking shall not be allowed within
fifty feet of the right-of-way.
The public hearing was open~d~and_a.member of the Scenic Roads Committee of Citizens
for Albemarle recommended adoption of this amendment~ No one else spoke and the public
hearing was closed.
Motion to amends, the Albemarle County Zoning Ordinance in Section 18-3-~ as-~recommended
by the Planning Commission was offered by D~. Iachetta. Mr. Dorrier seconded the motion
and same carried as follows:
AYES:
NAYS:
Mrs. David and ~essrs. Dorrier, Fisher, Henley, Iachetta, and Roudabush.
None.
Mrs. Martha Selden, member of the Scenic Roads Committee, was present~ to urge the
Board to consider the designation of Route 250 West as a scenic highway as soon as possible.
Dr. Iacheita offered the following resolution for adoption:
BE IT RESOLVED that the Board of County Supervisors of
Albemarle County, Virginia, intends to designate U. S. Route
250 West from the City limits to the Nelson County line as an
Albemarle County byway.
n
April 21, 1976 (Regular meeting -
Night )
167
The foregoing motion was seconded by Mr. Dorrier and carried by the following recorded
vote:
AYES:
NAYS:
Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta, and Roudabush.
None.
No. 8. The Albemarle County Board of Supervisors adopted a resolution of intent to
amend the Albemarle County Zoning Ordinance by ~he inclusion in the A-l, RS-t, R-l, R-2 and
R-3 districts, Section 2,1-27, 3-1-15, 4-1-14, 5-1-17 and 6-1-22, respectively, a us~ reading
"accessory tourist lodging'by permit issued by the Zoning Administrator for successive
periods of six months pursuant to fire and safety regulations promulgated by the Albemarle
County Fire Marshal~and to include in Article 16 a new definition, 16-2-1 reading:
"ACCESSORY TOURIST LODGING."
Mr. Tucker read the Planning staff's recommendation for this amendment to the Zoning
Ordinance:
"At the onset of consideration of "accessory tourist lodging" for
the Bicentennial year of 1976, the staff was under the impression that
this increased tourist lodging could be provided for by enactment of
an emergency or other temporary ordinance. Since that time, the County
A~torney_has informed the staff that this cannot be accomplished on a
temporary basis, but must be an amendment to the Albemarle County
Zoning Ordinance. Amendment of the Zoning Ordinance, found to be legally
so~nd, is permanent unless repealed. Recognizing that repeal cannot be
guaranteed, the staff has evaluated these proposed amendments as having
~ermanency.
Upon consultation with the Virginia Department of Health, the
staff was informed that approval by permit from the Bureau of Tourist
Establishment' Sanitation would be required.
Since "accessory tourist lodging" is proposed as a use by right
in the various zones, review would be by the County Fire Marshal and
the Virginia Department of Health to determine the capacity for transient
occupants on an individual basis. Objections of adjacent property owners
~would not be entertained.
Motels and inns are by .special permit in the A-1 zone. No provision~
either by right or by special permit, exists for any type of temporary
lodging or transients in the RS-I, R-I, and R-2 residential zones. Rooming
and boarding houses and tourist homes are permitted by right in the R-3
residential zone. Since these are more intensive uses than the proposed
"accessory tourist lodging" the staff finds no conflict.
The Zoning Ordinance is, by nature, intended to provide stability
and to be enduring in order to accomplish the statements of intent of its
various zone~. The staff feels, the Zoning Ordinance should not be subjected
to temporal concerns and t~erefore recommends against these amendments.
If the Planning Commission supports these amendments to the Zoning
Ordinance, the staff recommends that "accessory tourist lodging" would be
appropriate to the R-3 residential zone only. Further, the staff recommends
that the Commission adopt a resolution of intent to review these amendments
for the purpose of repeal no later than one year from their effective date."
Tucker said the Planning Commission by a 6-3 vote recommended approval as follows:
"1. Include in the A-i, RS-I, R-I, R-2, and R-3 districts (as Section 2-1~27,
3-1-15, 4-1-14, 5-1-17 and 6-1-22, respectively, uses permitted by right) a use reading:
accessory tourist lodging by permit issued by the Zoning Administrator for successive
periods of twelve months pursuant to fire and safety regulations promulgated by the
Albemarle County Fire Marshal and subsequent to approval by permit of the Bureau of
Tourist Establishment Sanitation of the Virginia Department of Health."
2. Include in Article 16 the new section 16-2-1 reading: "Accessory Tourist
Lodging: One or more rooms, located within a single-family dwelling which is actually
used as such, which rooms are used, secondarily to such single-family use, for the
temporary accon~nodation of transients in return for compensation, whether or not such
rooms are used in conjunction with other portions of such dwelling."
Mr. Tucker then stated that in separate action, the Planning Commission adopted a
resolution of intent to review these amendments during the month of January, 1977, for
possible repeal. They also recommended that this resolution be placed on all permits
issued by the Zoning Administrator for accessory tourist lodging. They a~so recommended
that some type of reasOnable license fee be considered by the Board of Supervisors.
At this time, the public hearing was opened.
Mr. Robert McGill, resident of Albemarle County, was present in support of the amendment
He said this would help to cover the deficit, in tourist housing expected this summer.
Ms. Beth Ogilvie expressed her concern over the permanency of this amendment. Also,
about signs designating these lodging houses and felt a limitation is needed on the number
residing in any house and the parking required.
Ms. Joyce Carton was present in support of the amendment. She said the organization
she represents anticipates no signs. There will be only one visiting family ih~."a~:hOm~-s9~
there can be no more than two cars. At present, most of these places are presently rented
by students in R-1 zones with no regulations.
No ~ne else rising to speak, the public hearing was clesed.
168
April 21, 1976 (_Regular meeting
Night )
Dr~ Iachetta moved at this time to amend the Albemarle County Zoning Ordinance as set
out above and recommended by the Planning Commission. (A license fee was not a part of the
motion.) Mr. Henley seconded the motion and same was carried by the following recorded
vote:
AYES:
NAYS:
Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta, and Roudabush.
None.
No. 9. Review an amendment to the final site'plan of Four Seasons Mall as originally
approved under Conditional Use Permit lll. The proposed amendment involves the addition of
gasoline pumps to the Lucky Seven Convenience Store.
Mr. Roudabush abstained from discussion of this matter since his firm was involved in
drawing the original site plan. Mr. Dottier also abstained because he is a member of the
law firm that represents Mr. Craig.
Mr. Tucker read into the record the following history of the Lucky Seven Site Plan in
Four Seasons Mall~
Site Review Meeting - November 6, 1975
Planning Commission Meeting - November 18, I975 - deferred to obtain
more information concerning Four Seasons commercial area.
Planning Commission Meeting - December 9, 1975 - deferred for applicant
to submit a revised plan of the parking area for the market which
shows how circulation through the pump island will affect the existing
parking spaces, and how stacking space for three cars in each
direction would affect the through-traffic driveway and people trying
to park next to the building. Also requested to show existing contours
for parking lot.
Planning Commission Meeting - January 20, 1976 - approved (3-1 vote) subject
to the following conditions:
1. Fire marshal approval;
2. Islands With landscaping to be installed as shown on the site
plan and on the rendering which was presented at the meeting,
with the approval of the Planning Staff (Two islands adjacent
to the pumps and one adjacent to spaces numbered 23 and 15);
3. AIL~arking spaces to bemarked with white lines on site;
4. Conc~e,te~slab under pumps.
January 26, 1976 - Request by Messrs. Russell and Gaylord for review by
Board of Supervisors.
March 10, 1976 - Board of Supervisors instructed Planning Department to
advertise as an amendment to the original site plan of Four Seasons
the request for the Lucky Seven gasoline pumps, to be heard on April
21, 1976.
Mr,, Tucker then stated that on March 16, 1976, Mr. St. John wrote the following letter
to the Planning Department:
"March 16, 1976
Mrs. Mary Joy Scala
Planner
411 East High Street
Charlottesville, Virginia
22901
RE:
Da!ey Craig site plan -- Four Seasons
(Our File #A.C. 76-201B)
Dear Mrs. Scala:
I have a message f~om your office stating that Mr. Daley
Craig wants a letter from you, stating as follows:
What is the purpose of the upcoming hearing on April 21:
What is the County's position as to his rights in the
commercial area of Four Seasons; are all B-1 uses
permitted?
What is the procedure for a change in use in a commercial
area?
I will answer these questions in order:
1. My understanding of the purpose of the upcoming hearing on
April 21 is to allow Mr. Craig to present evidence, at a duly advertised
public hearing, for his proposed change in !he final site plan for The
commercial area of Four Seasons, so as to allow gas pumps where none
were shown on the final site plan as originally submitted.
2. The County's position as to an applicant's rights in connection
with the commercial area of a planned unit development is that the reviewing
and approving body has the right to approve or disapprove any specific
proposed use; that is to say, the designation of a commercial area in a
preliminary site plan does not give the applicant the absolute right to put
any B-1 use in this area, but to the contrary, the reviewing and approving
body has the power to control the particular B-1 uses which are allowed
in that area.
3. The procedure for a change in use in this commercial area is the
same as for any other amendment to a final site plan filed pursuant to a
special use permit or, formerly, a conditional use permit.
April 21, 1976 (Regular meeting -
Night )
You may furnish Mr. Craig or his attorneys, or any other interested
person, with a copy of this letter.
Sincerely yours,
(Signed)
George R. St. John
County Attorney"
Mr~ Fred Russell, adjacent property owner, was present. He said he had presented to
an earlier Planning Commission meeting a petition signed by 71 residents of the immediate
neighborhood which reads, partially, as follows:
"The installation of gas pumps and equipment at 'this location will
not only be dangerous to vehicles and pedestrians alike, but it will
be unsightly on Four Seasons Drive, be a general noise, oil and
dirt nuisance, and be d~sruptive ~o the planned integrity of the
community. The installation will also be unnecessary and most l~kely
will prevent the southerly corner of Four Seasons Drive and Rio Road,
already properly planned with a full-scale gasoline service station
hlaving direct access on Rio Road, from being used for that corner's
planned purpose. Even without developmen~ of the latter corner,
gasoline is presently available approximate]-~y one city block to
the south at the intersection of Hydraulic Road and Rio Road."
Mr. Russell also presented to the Board photographs showing the present condition of
the parking lot and the severe slope on which parking is permitted. The slope is over
10 degrees and therefore is inadequate for parking. If parking spaces are reallocated
to the S~ven Day store, the Japanese Steak House has inadequate parking and he objected
to this. Mr. Russell gave also the fo'llowing reasons for his objections:
(a) the site plan provides parking spaces at
locations which are unsafe, inaccesibl~e, or prohibited
by fire regulations; (because block attendant's view)
(b) ~'he site plan incorporates as a portion of the
required parking spaces a number of spaces which heretofore
have been used by the restaurant operated by the ~apanese
Steak House of Four Seasons, Inc.;
(c) the site plan does not provide a sufficient
number of parking spaces;
(d) the site plan~ causes dangerous congestion among
the parking, the driveways, the delivery entrance, and
the gas pumps;
(e) the site plan does not comply with fire codes and
regulations regarding an attendant on duty, fire exits
away from gas pumps, dust-free surfacing, gasoline-separator
drain~ placement of gas storage tanks, gas unloading area,
and fire retarding materials;
(f) the site plan fails to provide any screening
between neighborhood residences and the sight, soun~
and.dirt generated in operating gas pumps;
(g) the site.plan~ fails to provide a paved surface
which can be swept with a broom; and
(h) the site plan generally is contrary to the health,
safety and welfare of the general public including the
residents of Four Seasons.
(i) the construction of the gas pumps described in
the proposed site plan will be in violation of the
Albemarle County Zoning Ordinance as well as applicable
fire codes and regulations and will be contrary to the
public health, safety and welfare.
Also, present in oppositioniwas a Mr. Gaylord.
Mr. Fisher asked Mr. Russell if he were suggesting that the pumps will be ~n the right
of way of the road. Mr. Craig responded by saying there ~s not a defined road. Dr. Iachetta
said it is not a state maintained road; just a parking lot. Ail businesses have access to
existing parking spaces.
Mr. Fisher read from-~two petitions, one in support signed by customers of Lucky Seven
Food Stores wanting gas pumps, and one in opposition signed by residents of Four Seasons.
Mr. Craig said the original site plan has been revised several times. The original
plan showed a service station on the corner of Rio Road and Four Seasons Drive. This
request is to amend that site plan by now installing gas pumps and service island at the
Lucky Seven Store site. This is a much safer location. The £ire marshal has a requirement
for the slope. The area must be flat, it must be paved with concrete and the cashier must
have an unobstructed view of the area.
Mrs. David said she was impressed with the point that at the present the area set
aside for the filling station is wooded and if it remains that way it makes the area more
attractive. She feels that having a filling station right on the road is not a good idea
due to traffic going in and out.
Mr. Craig said it is his desire that the wooded area adjoining the service s~ation
remain wooded.
1 ?0
April 21, 1976 (.Regular meeting -
Wi ~t )
Dr. Iachetta said he has walked the site and feels that the original site plan is far
superior to that presented tonight.
Mr. Ostrander, a resident of Four Seasons, spoke in opposition. He said when most
of the homeowners bought in Four Seasons, they saw a lovely plan laid out for a planned
unit development which did not include a filling station. There is a danger in putting a
filling station at this point because there is a direct incline going straight down the
parking lot across the culvert, across Four Seasons Drive and into Lake Forest Drive. If a
natural disaster occurred and the tanks ruptured~ a'~flow of gasoline would flow unrestricted
down the street. The people signing the petition in support of this request have no concept~ ~n
of the danger. He felt this risk should not be taken where an incline makes the risk g
At this time, the public hearing was closed.
Dr. Iachetta said he has mixed emotions about this request. He cannot accept the
concept that this is a country store since the building of Four Seasons created city
in that area. After weighing the homeowners rights, he feels the homeowners bought in this
development with the concept that they would have a chance to see~such proposed changes.
At this point, Dr. Iachetta moved to deny Mr. Craig's request and to adhere to the original
basic site plan. Mr. Henley seconded the motion and same carried by the vote which follows:
AYES: Mrs. David and Messrs. Fisher, Henley and Iachetta.
NAYS: None.
ABSTAINING: Mr. Dottier and Mr. Roudabush.
No. 10. SP-16-76. Mrs. Kinza DeLaunay. To locate a two-family dwelling on 2.09
acres zoned A-1. Property on northeast side of Rt. 660 in Arbor Park Subdivision. County
Tax Map 44A, Parcel ll, Jack Jouett District.
Mr. Tucker read the staff report into the record:
This area is rural in nature with seven single-family dwellings located
within Arbor Park Subdivision which contains lots ranging in area from 2.0
acres to 9.93 acres. The plan recommends agricultural uses in this area
(1 dwelling unit per 2 acres). The dwelling presently owned by the applicant
is in violation due to its use as a two-family dwelling. The applicant is
requesting a special use permit in order to come into compliance with the
zoning ordinance. It is the policy of the County to allow two-family dwellings
only in community or village clusters as designated in the Comprehensive Plan.
This area does not fall within one of these clusters. The deed restrictions
for Arbor Park do not permit apartments or duplexes. The staff is of the
opinion that this two-family dwelling would not be in character with this
subdivision and would set a precedent in the area; also this duplex would not
be in conformance with the county's policy on these matters nor the deed
restrictions of this SubdiviSion~and the staff therefore recommends denial.
Mr. Tucker stated there were numerous letters from property owners in Arbor Park who
are opposed to this special permit. (These are on permanent file in the Clerk's Office.)
He stated the Planning Commission also recommends denial and they ask that the B~ard
petition the County Attorney to intervene in this matter and take legal action, if necessary
to insure compliance with the Zoning Ordinance immediately.
Discussion followed on the deed restrictions in Arbor Park. Mr. Bowling informed
the Board that some of the owners in Arbor Park had taken legal action against the applicant
based on this restriction in the deed. He felt this was not the Board's concern.
At this time, the public hearing was opened. No one was present to speak for the
applicant, but the Board continued because of the number of persons present to speak on
this application.
Mr. Sam Cleveland, who owns property across the street from the applicant, was present
in-opposition of the request. He noted that this building was completed a year or more ago.
The house is located in a cleared area thus having no camou£1age. The issue is not the deed
restrictions in Arbor Park but reinforcement of the Zoning Ordinance thus ensuring
compatibility for the residents.
Mr. Forrest Voight, president of the Arbor Park Association, explained that the applica~ t
had changed her construction plans without the zoning department being aware of these.
She had different plans from the ones she'had submitted originally. He asked that-this
special permit be denied.
Mr. Earl Welch, brother to the developer of this subdivision, Parker Welch, spoke next
in opposition to the special permit. He said that when she bought the lot, she was given
a copy of the restrictions. She was also reminded of these while the house was being built.
At this time, the public hearing was closed. Mr. Fisher noted that the Zoning
had b~en active in this matter. He said several letters were on file indicating the zoning
administrator had given the applicant every opportunity to file for a special permit before
processing the violation. If this special permit is denied and the building is stili used,
the zoning administrator will have no recourse other than to follow-up the matter without
any special action being required of the Board.
At this time, Mrs. David offered motion to-deny request for SP-16-76 since it is not
in compliance with the Zoning Ordinance. She noted that the applicant had been unwilling
to cooperate in anyway thus giving the Board no~choiee but tO deny this request.
Dr. Iachetta seconded the foregoing motion and same carried by the f~llowing recorded
vote:
AYES:
NAYS:
Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta, and Roudabush.
None.
ator
April 2~,L1976 (Regular meeting -
Night)
~1~_~_! 22~ 1976
171 ....
At this time, Dr. Iachetta offered motion to reappoint Mr. Morton To serve another
term on the Piedmont Virginia Community College Board; said term expiring on June 30, 1980.
Mr. Dottier seconded the motion and same carried by the following recorded vote'
AYES:
NAYS:
Mrs.~ David and Messrs. Dottier, F~s.h~r.,~-'H~enley, Iachetta, and Roudabush.
None.
At 11:30 P.M. Dr. Iachetta offered motion to adjourn thi~ meeting until 9:00 A.M. on
April 22, 1976, in the Federal Court, Post Office Building. Mr. Henley seconded the motion
and same carried by the vote which follows'
AYES:
NAYS'
Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta, and Roudabush.
None.
~HAIR~
An adjourned meeting of the Board of Supervisors O~ Albemarle County, Virginia, was
held on April 22, 1976, at 9:00 A.M. in the Federal Court, Post Office Building, East Market
Street, Charlottesville, Virginia.
Present: Mrs. 0pal D. David and Messrs. Lindsay G. Dorrier, Jr. (Arriving at 4:50
P.M.), Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta and W. S. Roudabush.
Absent: None.
The Board convened at 9:00 A.M. and immediately recessed for the trial. At 4:30 P.M.,
the Board reconvened and upon motion by Mr. Henley, seconded by Mrs. David, adjourned into
executive session to discuss litigation. Also present at this meeting, ~er~Lformer Board
members Messrs. Stuart F. Carwile, William C. Thacker, Jr., Gordon L. Wheeler, Lloyd F. Wood,
and the County Attorney and his staff, George R. St. John, James V. Bowling, IV and
Frederick W. Payne. Mr. Dorrier arrived at 4:50 P.M. Messrs. Carwile, Thacker, Wheeler and
Wood left the meeting at 5:00 P.M. The Board reconvened into open session at 5:30 P.M. and
recessed this meeting until Monday, April 26, 1976, at 8:30 A.M. in the Federal Court.
On April 26, 1976, the Board convened at 8:30 A.M. in the Federal Court and immediately
recessed for the trial. At 10:30 A.M. the Board reconvened and motion was offered by Mr.
Henley, seconded by Mrs. David, to adjourn into executive session to discuss litigation. The
Board reconvened at 10:45 A.M. and returned to the trial. At 11:00 A.M., the case was
dismissed and the meeting was recessed until 8:30 P.M. on April 26, 1976.
At 8:30 P.M., on April 26, 1976, the Board of Supervisors held a session, adjourned from
earlier in the day, in the Board Room of the County Office Building, Charlottesville,
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:
St. John.
County Executive, Guy B. Agnor, Jr. and County Attorney, George R.
The meeting was called to order at 8:33 P.M. by the Chairman. Mr. Fisher said the Board
had been in Court most of last week and again today on the issue of a special permit appli-
cation for areas of land near the South Rivanna River Reservoir. He made the following
statement on behalf of the Board:
"The first application Mr. Fleming made was in the latter part of 1974.
This was acted on by the Board in 1975 and was denied on the basis of
a density of 6.7 dwelling units per acre. The applicant refused to
consider a density of 2.5 dwelling units per acre; which was essentially
offered to him at that time. After that denial, the applicant brought
suit in Federal Court against the Board of Supervisors. Later a
Not Docketed. Mr. Fisher noted he had received a letter from Harold S. Morton, who is
on the Board of Directors for Piedmont Virginia Community College, whose term expires on
June 30, 1976. Mr. Morton had indicated his willingness to serve another term.