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HomeMy WebLinkAbout1973-05-245-24-73 An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on May 24, 1973 at 4-00 P.M. in the Board Room, County Office Building, Charlottesville, Virginia, said meeting being adjourned from May 23, 1973. PRESENT' Messrs. Stuart F. Carwile, Gerald E. Fisher, J.T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler, and Lloyd F. Wood, Jr. ABSENT: None. OFFICERS PRESENT' County Executive and County Attorney. Mr. Wheeler stated that this meeting had been called to discuss with members of the Planning Commission their request for a six month moratorium on zoning applications. Dr. Avery Catlin, Chairman of the Albemarle County Planning Commission, stated that they appreciated the opportunity to come before the Board to discuss their reasoning behind the resolution. He said that although they had received good support from the County Planner and the Board of SuPervisors and the additional help furnished them, they found themselves feeling the pressure to hurry and get the new zoning ordinance adopted. He said this becomes more important as they see defects in the old ordinance. However, at the moment they are not trying to modify the old zoning ordinance, in an effort to get the new zoning ordinance adopted. Dr. Catlin said it was ~ot their intention by requesting this moratorium to limit growth in the County in any way. They had included PUDS in the request primarily because of the staff time needed to write reports on these. He also said that due to the large number of zoning cases which are now pending it would be August before this moratorium would actually take effect for the Planning Commission and it will be August before the Planning Commission can begin to work on the new zoning map. They feel it would be advantageous to have a map which is constant and not in a change of flux due to rezoning cases. Dr. James Sams said it was not just the Planning ~Commission that needed some ~elief from the work but also the Planning staff; Mr. ~P~ Rinehart/said that if t~e request for a six months moratorium is not feasible there might possibly be a three months moratorium, process applications for one month, and then go back to the moratorium for another three months. Mrs. Ellen Craddock said that the Planning Commission's job was not just the week to week matters but the tong-range view of general development of territory within the master plan, and she did not feel the Planning Commission can give fair work unless they have a breathing spell. She said it had been almost two years since work had started on th-e new zoning ordinance. Mr. Thacker asked what other alternatives had been discussed by the Planning Commission before requesting this moratorium. Dr. Cattin stated there were two other alternatives discussed. The first~ was t~ increase the size of the planning staff and they felt this might be difficult. They did not know if additional people could be hired quickly and they also felt this would cost · more money. He said that since members of the Planning Commission ha~e other jobs a~ other responsibilities he did not f~eel he was in a position to ask them to work more hou~rs each week. He felt the main issue was thai of stabilizing the zoning map while it is being worked on. 5-24-73 Mr. Thacker asked if the Planning Commission felt that six months was really adequate and if at the end of this time the Planning Commission would have finished the zoning ordinance and have it ready for the Board of Supervisors to hear. last year there was a type of moratorium over the Christmas Dr. Catlin said that Holidays, a period of approximately two months and this only disrupted the orderly flow of business,, however, the Planning Commissio.n hesitated asking for a year or more and the six months arrived at was a compromise proposal. Mrs. Craddock said that all members of the Planning Commission had been a member at least one year, all were old county residents and they worked very well in unison and she felt that six months would give them time enough to complete a good amount of work on the new zoning ordinance. Mr. David Cart said that he believed the six months time limit would be rather tight even with the law students who are working for the Planning Commission with the difficult task that they have before them and with the other matters which are now pending before the Planning Commission. Mr. Wheeler said he did not believe the Board of Supervisors could function from time to time unless they had additional help. He said there are a number of able people in Albemarle County and he asked if the Planning Commission had given any thought iO recommending that the Board of Supervisors add an additional commission. Dr. Catlin said they do have a committee appointed to review site plans and these now take very little of the Commission's time. However, there are two types of special permits on which they hold public hearings. One type for mobile homes takes very little time. The major amount of their public hearing time is taken on zoning map petitions and other special permits. He said they had not given any though to recommending an additional commission be appointed to hear and make recommendations to the Board. At the present time, this commission has experience in these matters and to try~to transfer this experience would be almost impossible. Mr. Wheeler said that if you looked at the zoning map you would realize that most rezonings in the County had occurred in only one small area. He asked if the Planning Commission had given any though to blocking off that hot area and eliminating the rest of the County from the moratorium. Dr. Catlin replied that if you looked at the zoning map it was obvious that most of would be given To the places in the County where most of the rezonings their attention had occurred. He also said that they had before them a recommendation from the con- sultant regarding a conservation zone and they will need recommendations on that. How- ever, most of their work on the new map will be in the parts of the County where the majority of the rezoning has occurred in the last few years. Mr. Batchelor said that he felt a moratorium reflects that the staff does not give proper help to the Planning Commission. He said that the Board of Supervisors and him- self had talked to John Humphrey about hiring a consultant firm. Mr. Humphrey felt that the staff could take care of the additional work with only additional funds to hire temporary clerical help. 5-24-73 Mr. Carwile asked how far the Planning Commission had progressed with the new zoning ordinance. Dr. Catlin replied that they had reviewed all districts and had reached decisions on zoning categories and the intent of each district. He said they had started considering regulations regarding the density of dwelling units. They have begun a discussion of the question of all technical points such as set backs, side yards, etc., and still have to review the site plan part of the ordinance and have continuing work on definitions. Mr. Carwile asked if the primary problem was lack of time for the staff to devote to addressing technical problems in the ordinance or more lack of commission time. Dr. Catlin said he felt the commission needed more time in both areas. He said he felt that the staff did have difficulty in preparing reports for the commission in order to have them ready for~'COmmission work shops. Mr. Carr said that in working on the first zoning ordinance, when administrative decisions had been reached, there were difficulties in pulling together the ordinance from a legal stand point. There are only a limited number on the staff of the County who can deal with these difficult points. He said to hire a staff man to assist Mr. Humphrey and to administer the law students working on the ordinance sounded like a good ideal. Someone who had drafted an ordinance like this before and knew were to look for the pitfalls. Mr. Carwile asked if there would be any possibility of appointing a sub-commission of the Planning Commission to work on the refinements of the zoning ordinance in order to relieve the Planning Commission of other responsibilities. Dr. Catlin replied that this idea had not been discussed by the Planning Commission and although he felt it might have merit this idea would need a good deal of thought. Mr. Clifton McClure said that there was a lot of policy in-put during discussions of the Planning Commission and to break this commission into two separate commissions would take some of that away. Mr. Carr said he felt vital points made in the ordinance would be l~st if work on the ordinance were assigned to other persons at this time. Mr. Wheeler asked Mr. St. John for his opinion about legal assistance and prepara- tion of this ordinance and asked if he would need additional help. Mr. St. John said the County was in a state of upheaval. There was not enough man- power to go around and legal work was no different. He feels he cannot do all this work and carry on litigation and other work required by this Board even if he devoted all his time to County work. He said he already has enough work for his summer students since there are other ordinances which need to be drawn and he questioned whether or not it would be wise to hire someone from the law school to supervise. He felt the law students are very good and do not need a lawyer supervisor. Mr. St. John said that consultants are very expensive and they do not have the stay to answer for their work and~ would rather see the County hire a full-time county attorney with a full time assistant. Then, if it were necessary to call on the law school for help, he could supervise. He felt that the Planning Commission needs to keep the zoning ordinance as close as possible during the formative stage, and not hire a legal consultant. Mr. Batchelor said he was not referring to a legal supervisor but an administrative supervisor. Mr. St. John said he understood from some of Mr. Carwite's questions that someone had considered hiring a person who would supervise the drafting of this ordinanc~I This person would need to be a lawyer. Mr. Wheeler said he did not feel this was the question, but felt that Mr. Batchelor was recommending a planning consultant. Mr. Wheeler said that when the Planning Commission had the ordinance drafted it would have to be put in legal terminology by a lawyer, He asked if Mr. St. John would have time to do this work or if he would need additional help. Mr. St. John said he would need help to do this but/rather have his office do this work rather than to bring in a specialist. Mr. Henley said he felt the members on the Planning Commission represent every interest in the County and if they voted unanimously for a moratorium he supported their request. Mr. Fisher said he agreed with Dr. Catlin. He did not believe the Planning Commission could be asked to work more hours or be split into two commissions. He said that even if a radical change were made on their approach to zoning matters it would require a great deal of study and it would be well into next year before the Planning Commission could then finish their work on the zoning ordinance. Mr. St. John said the two phases requested in the moratorium are items which are not really administraTion, of law since the proper subdivision of land would go ahead, and it has been established that zoning map petitions and special permits are amendments of the zoning law. No one has a vest'ed right to amend an existing law. Mr. Rinehart said that most zoning activities occurred in the corridor to the west and north of the city and this has been blocked off for lack of sewer facilities. He felt this is a good time to institute a moratorium. Mr. Henley then offered motion to accept the recommendation of the Planning Commission and institute a moratorium. The motion was seconded by Mr. Fisher. Mr. Thacker said he felt there had been several possible alternatives presented to the Planning Commission and he would rather not vote on this motion but have the Planning Commission return with further recommendations. Mr. Wood said he agreed with Mr. Thacker. He felt that in light of some of the suggestions made the Board could arrive at a solution to this problem without placing a_moratorium, since he felt moratoriums used in the past has created chaos. However he felt the Board should look for an alternative as soon as possible in order to get the new zoning map and ordinance revised. Mr. Carwile said he concurred with Mr. Thacker and Mr. Wood. He would like for Mr. Batchelor and Mr. Humphrey to explore alternatives from~ the staff's point of view. Mr. Wheeler said he also concurred. He said in reaching a decision on this matter the Board must consider the needs of all citizens. He said there is a pressing need in the County for low-cost housing or housing of any kind, and since last summer prices on homes has risen 25%. He felt reluctant to place a moratorium, however, if it were the only courSe, he would support. Until the Planning Commission has a chance to look at 5-24-73 99 the alternatives presented, he preferred that ~he motion be withdrawn. Mr. Henley then withdrew his motion. Mr. Fisher concurred. The Clerk was ordered to place this item on the agenda for June the 6th for final action. Mr. Wheeler stated that he had received a petition signed by 84 residents of Orchard Acres Subdivision, requesting the Board of Supervisors to enforce a leash law. He stated tha~ this was in the process of being prepared by the County Attorney and action will be taken on this matter sometime in July. Thacker 5o adjourn into executive session to discuss Motion was seconded by Mr. Fisher and carried by the following Motion was offered by Mr landfills and legal matters. recorded vote. AYES: NAYS: ABSNET: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. None. Mr. Carwile. The Board reconvened at 7'30 p.m. in the Albemarle County Courthouse to hear public comments on the Albemarle County School Board's proposed $12,000,000 building program. Notice of this meeting was published in tthe Daily Progress on May 16, 20, 22, and May 23, 1973. Members of the School Board present were Edward Chapman, Carl VanFossen, Charles Maupin, and Alton Taylor and Clarence McClure, Superintendent of Albemarle County Schools. Mr. VanFossen stated that the school board had made projections for the next five years. They had studied these projections and arrived at a building program of some seven items. This building program was passed unanimously by the school board and for- warded to the Board of Supervisors for funding. Mr...McClure stated that some people had taken issue with the introduction to the building program because it referred to projections made by Rosser Payne. However, he stated that none of the needs in this building program were based on Mr. Payne's projection. They had made projections based on growth over the last ten years. He also said that this was not a firm plan but onl~y, a guide to be used. Mr. McClure said that there had been a tremendous amount of growth in the norther part of the County. The school board had first considered adding an addition to Broadus Wood, however, when county administration began the feasibility study of using McIntire as a County Office Building, they had changed priorities and put a new north elementary school as first priority and mov~the addition to Broadus Wood to 1976. He stated that if the growth does not occur there will be no addition built. The School Board also considered an addition to Greenwood Elemen- tary, however, they felt that since Greenwood, Crozet, and Brownsville were in such close proximity they could add additional growth to Crozet Elementary by adjusting the lines. The western high school is O~e of the main priorities. There had been several additions made to Albemarle and before each addition has been completed the school has been full again. There are approximately 2,000 students at Albemarle and the school board feels that Albemarle High School is too large to be conducive to a good educational atmosphere. In reference to the wesEern high school he said that they could not build a 1,500 student high school and divide 2,000 students economically between the tw~o. 5-24-73 Therefore, they had considered adding the ninth grade back ~o high school, and then they would have 3,000 students to divide between the two high schools. He said that one of the main prior±ties also was the relocation of the bus garage. This garage is too small gone to larger veh±¢les thertis only one day a week when t and s±nee the school board has they can get these vehicles in for maintenance. Mr.. VanFossen said that this was not a new program. The school board had a building program which went through 1975 and this was only an updating and changing of priorities. Mr. McClure said that the building program which they had three of four years ago -~ included the western high school, additions to Meriwether Lewis and Broadus Wood, and ~ the building of a new bus garage. Therefore, these ideals were approximately five years old. At the time they did not want to go ahead .with the building program until t'hey were sure the need was there and the building program had been split into two phases. These additions are part of that second phase. The chairman then opened the floor for comments from the public. Mr. Bob Merrill said that no one had mentioned the money side of this building program and he inquired if part of the twelve million dollars was included in the previous bond issue or if this were all new money. Mr. Wheeler replied that the building program presented to the Board of Supervisors for a three year program, and this Board would totaled $12,157,000 for a five year program, or $10,675,00~out the mechanics for obtain~ have to work/ ing funds. The citizens would provide the money and it would come from a number of ~ sources. ~ ~ Mr. Juul-Nielson said he understood the Board of Supervisors had appointed a committee to study construction methods, and he wondered how t~is com~it~ee had progressed. Mr. Wheeler said there had been no committee appointed. Mr. Thacker had asked the school board ~o study new Types of construction methods, and Mr. Fisher had asked that they study a year around school program. Mr. Juul-Nielson said that the Western Albemarle Taxpayers Association, in its re- search pertaining to school construction, had learned that with the introduction of the new State Building Code, which takes effect on July 1, 1973, there would be no more authority delegated to the State Board on types of construction. Everything will have to be built in accordance with this new State Code and this will add approximately 10% to the cost. They had also conducted research on open type building construction. Mr. Cecil Cadwallader asked if the addition to Meriwether Lewis would be made and ~ if in planning for ~he new north elementary school, the school board would consider -~ growth and thereby eliminate trailers. Mr. McClure replied that the addition to Meriwether Lewis was now the School Board's third priority and was scheduled for 1974. He said the Board of Supervisors have given ~ their approval for the planning of the new north elementary and that unless there is tremendous growth which has not been anticipated, there will be no trailers in operation next year. He said that when Southside Jr. High is complete the schools will be reor- ganized by taking the sixth grade out of every school and then there will be room for 5-24-73 101 ,growth. Mrs. Judy Baurele asked about the formula for space requirement for elementary schools. Mr. McClure said that kindergarten requires 875 sq.ft, for 20 - 25 children, but other requirements are slightly smaller. Mr. Roy Patterson commended the Board for planning for the future. An unidentified lady asked if the County owns land for the projected schools. Mr. Wheeler said that land is available for the complete building program. Mr. VanFossen said no land had been purchased for the bus garage. Mrs. Dorothy Spiedel asked when all trailers would be eliminated from the school system, and also inquired how many trailers would still be in operation in the fall of 1973. Mr. McClure said that approximately 15 would still be in operation this fall, however, by the addition of the new elementary school and by adding a middle school, there should be no trailers in the school system in September, 1974. Mrs. Janice Cadwallader asked if the district line changes would be presented for public ~mmen~. Mr. McClure said his office was working on several plans and hoped to have this ready for a public hearing in June or July. Mr. Fisher asked.Mr..McClure if he had a report on his question concerning year round education. Mr. McClure then gave a lenghty report on this question and ended by stating the following conclusions' 1) there is no plan that can be copied for a locality because of life style in that locality; 2) any year around education program must have mandatory aspects which make public acceptance of the plan a necessity; 3) use of year around education gives the public better return of tax dollars but with the ~ cost of renovation for air conditioning it may not save money; 4) there .are advan- tages to the year around education program, namely, improvement of educational offerings, better utilization of school facilities, better opportunities for students to receive work experience, earlier graduation for brighter students, a delay in expenditures for school buildings, an alternative to double shifts, however only one plan, the 45-15 plan, shows an increase in the number of students receiving service in the same building. He ended by saying that a plan could be developed for Albemarle County if that is the wish of the School Board and the citizens, however, he said that the State Board of Education is studying this program over the next two years and he would prefer to wait until some conclusions have been reached. Mr. Fisher thanked Mr. McClure for his report and said he felt there could be a number of advantages to teachers and to families. He said he had read reports from other localities favoring such a plan. Mr. Thacker asked if Mr. McClure had any information on the questions he had raised concerning standardization of buildings or construction methods. Mr. McClure then gave a report on his findings. 5-24-73 Mr. Mr. Thacker said he felt/McClure had done a fine job but he still disagree with some of his findings He then presented the following communication to the Board and members of the School Board' At this time I would like to sugges~ that this Board consider requesting that the School Board appoint a committee of knowledgeable and concerned citizens to study (1) the standardization of school design and (2) the possibilities~of utilizing alternate construction materials and/or methods to achieve lower construction costs. I would further suggest that such a committee should be comprised of liaison members from the School Board and the Board of Supervisors, concerned county citizens and persons with technical expertise in the following fields' 1) Education 2) Building design (Architectural and Engineering) 3) General construction methods 4) Mechanical construction (Plumbing, Heating, Air Conditioning and Ventilation 5) Electrical construction In additon to the above, it-may prove advisable to include member knowledge- able in the fields of landscaping and/or decoration. Mr. Wheeler complimented Mr. McClure on his work on these reports. He said that this was the second hearing on construction needs and it would be placed on the Board's agenda for action in the near future. Mr. Fisher said there was the question of funding this prQgram and asked if the County Executive had any answers. Mr. Batchelor said there were several ways to fund such a program. The Board could borrow~ from the Literary Fund, the Virginia Supplemental Retirement System, on the open market or use cash. Mr. Fisher asked how the Board proceeded from this point. Mr. Wheeler said the Board wou~.d have to decide how much of the building program they would proceed with and in what stages. They could then decide if they would use revenue sharing funds on hand or other funds and this would take from 30 to 60 days. At this time the public hearing was closed. At 9'05 p.m. Mr. Fisher offered motion to adjourn into executive session to discuss landfill needs. The motion was seconded by Mr. Thacker and carried by the following recorded vote' AYES' NAYS' Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. The Board reconvened at 9:40 P.M. Mr. St. John read the following resolution for the Board's consideration' WHEREAS there is at present, the need for a public sanitary landfill capable of serving the needs of the City of Charlottesville as well as the residents of Albemarle County; and WHEREAS the only feasible locations for such a sanitary landfill are in Albemarle County; and WHEREAS local governing bodies are responsible for proper disposal of solid wastes within their jurisdicitons; and 5-24-73 103 WHEREAS the governing body of Albemarle County intends, along with the governing body of the City of Charlottesville, To assume and exercise this responsibility by acquiring, establishing and putting into operation the necessary land and equipment to dispose of the solid wastes of the City of Charlottesville and Albemarle County; and WHEREAS it is deemed by this Board to be in the interest of the public safety, health and general welfare that at the present time any and all such public sanitary landfill or landfills be operated only by the governing body of Albemarle County, the governing body of the City of Charlottesville, or by their agents, as independent contractors or employees, rather than by any private individuals; NOW THEREFORE, BE IT RESOLVED, that no public sanitary landfill shall be operated within Albemarle County by any person or entity other than the governing body of this County, the governing body of the City of Charlottesville, or both. BE IT FURTHER RESOLVED that no permit to operate any such public sanitary landfill shall be issued to any person or entity other then the governing bodies referred to above, and that the application presently filed and pending for such purpose shall not be heard at public hearing on its merits but shall be, and is hereby rejected withodt further consideration on the ground above stated. The Clerk of the Board shall deliver or mail a copy of this Resolution to George A. Cason, and to any other applicant or applicants having pending before this Board or any agency of the County, including the County Planning Commission, an application for special use permit to operate a public sanitary landfill. Motion was offered by Mr. Fisher to adopt the foregoing resolution. The motion was seconded by Mr. Henley and carried by the following recorded vote' AYES' Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS' None. Claims against the County amounting to $1,364,665.87 were presented, examined and allowed and certified to the Director of Finance for payment and charged against the following funds' General Revenue Fund General Operating School Operating Cafeteria Capital Outlay TeXtbook Rental Virginia Public Assistance Dog Tax Fund Local Sales Tax Commonwealth of Virginia-Current Credit Account $ 434.60 208,969 23 684,449 61 14,363 23 324,940 55 200 31 91,113 31 1,903 53 144.60 38,146.90 Total $1,364,665.87 Mr. Carwile offered motion to adjourn this meeting until 7'30 P.M. on June 6, 1973 in the Albemarle County Courthouse. Motion was seconded by Mr. Thacker and carried by the following recorded vote' AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS' None. Chairman