1991-07-17 44
July 17, 1991 (Regular Night Meeting)
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on July 17, 1991, at 7:00 P.M., Meeting Ro°m,7, County
Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Messrs. Edward H. Bain, Jr., David P. Bowerman, F. R. Bowie,
Mrs. Charlotte Y. Humphris, Mr. Walter F. Perkins and Mr. Peter T. Way.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr.; County
Attorney, George R. St. John; and County Planner, ¥. Wayne Cilimberg.
~ Agenda~ItemNoi.-,~t2 The meetimg was called to order at 7:00 P.M. by the
Chairmah, Mr. Bowie.
Agenda-Item .No'. 2;-'. Pledge Of Allegiance.
,,Agenda Item No.~ 3~ . MOment of ~Silence~.
Matters
Not
Listed
the
from
. . <Agenda. Item~ No .: 4 ~ Other on~ A.gen~a
public. There was no one present to speak at this time.
~Agenda. ItemNo. 5. Consent Agenda. Motion was o~fered by Mr'.'~Bain,
seconded hy-Mr.-W, ay,_to approve 5.1,5.~2,~5~3, 5.3a, ,and to~aecept.,the remain-
ing items on the consent agenda as information. There was no further discus-
sion.~,,~Rolt was ~called;and ~he~ motion,~carried~bythe~following reeorded~'v~t~:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS:' None. -'
Item 5.1. Request for Street Name Sign Maintenance Resolution for Laurel
Ridge Subdivision. Memo was receive from Mr. Dennis C. Friedrich~-~County
Enginea~i~g Department, stating that~ the County Of~Atbema~le.~had~called'the
bond'~in order to.complete work on Hawkwood Court.~"~ The~road has recently been
accepted into the State System of Secondary Roads, so a street name sign is
needed. The following resolution was approved by the vote shown above:
.... WHEREAS request has~heen received for a~s~reet sign ~o'.~i~ent~ify
~ i~the f.ollowing .road: '. ~ ' ' "" "~ ~ ....
Hawkwood Court (State Route 1093) at its intersection
with~.State Routers676. - · ~' ~ ~'~
WHEREAS a citizen hasagreed to purchase this, sign through the
Office of the County.Executive and to conform to standards set by the
Virginia Department of T~ansportation: '-~ · .... -~'-
NOW,-THEREFORE, BE IT. RESOLVED by..~he Board~ofSupervisorm~O~-!'~
Albemarle~~ County,¥irginia, that the .Virginia Department-of~.'Tr.anSporr~.
~,~tation be and the same herebYis requested to. install-and maintain
the·above mentioned street,sign. ~- ~ ' ";- - ~-~
I~emSi. 2./7 Request for Street Name SignMaintenance Resolution for~
Ashcroft Subdivision. Mr. RichardL. Beyer, President of Liberty LandLimit-
ed, developer for, AshcroftSubdiv~sion, requestea a 'street name sign and
agreed to pay for same.,~ The following resolution was adopted by the vote
shown above:
~.. ~ WHEREASrequest has beenreceived foria~street' sign to identify~
thefollowir~road:~
LegoD~i~e.(S~tate RoUte~1090)
45
July 17, 1991 (Regular Night Meeting)
(Page 2)
WHEREAS a citizen has agreed to purchase this sign through the
Office of the County Executive and to conform to standards set by the
Virginia Department of Transportation:
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Albemarle County, Virginia, that the Virginia Department of Transpor-
tation be and the same hereby is requested to install and maintain the
above mentioned street sign.
Item 5.3. Request for Street Name Sign Maintenance Resolution for
Raintree Subdivision, Phases 3, 4 and 5. Messrs J. P. Hill, Robert M. Hauser
and,Mark B~lloc~-~pf Republic Homes~Inc. requested street name signs for
Raintree Subdivision and agreed to pay for the signs. The following
resolution was adopted by the vote shown above:
~HEREAS.request has been~received for.~street~signs to identify-~
the following'roads: ~'
Hopkins..~Court~(state_Route. 1037~) and Old,.Brook Road,
(state.Route 652)_~at its intersection. ~ '
..~SnowdenDrive~(State Route 1180) and Old Brook Road
(State Route 652) at its intersection.
., Snowden-;Drive (StateRoute~..-llSO) and. SurryHill.Court
(State Route 1181) at itsintersection.,
Ramblewood Place(State Route 1182) and. Old Brook' Road
(State Route 652) at its intersection,
Ramblewood. Placei~(State~,Ro~te 1182).and Farm BrookPtace
~($tate Rou~e~'l183 at its intersection.
.WHEREASacltizen~has agreed to purchase these signs through the
Office of-the, CounkyExecutive.and to conform to standards set.by the
Virginia Department of Transportation:
NOW, THEREFORE, BE IT RESOLVED~bY the Board of Supervisors of
Albemarle County, Virginia, that the Virginia Department of Transpor-
tation;be.and~.the~samehereby, isrequested~toinstall and maintain the
above mentioned street signs...- -. ~'
ItemS.~3a[../ 1991Community.Development Block Grant Requirements (CDBG) -
Albemarle Housing Rehabilitation Program. In a memorandum dated July 12,
1991, Mr, .David'B~ Benish~ Atbemarle-.Chief30f Conum/nity DevelOpment, noted
that prior.~to~executi~ga'~¢ontract with the. Virginia Department of Housing and
Community Development for CDBG funds, the following items must be approved by
the Board of Sup~rvisors.~They include: , . ~'~.~ '~
'1)~ ~ Adopt~a "Section 3" Plan.to.comply with Section 3 of the HUD Act
of 1968 making provisions to use lower income project area
perso~".for employmentlan~=.training,~andproject.~area.businesses
~ .~fo~ contracts, in implementing the p,roject; ~
2)~,.Adopt'an~AntirDisplaaement Plan, indicating that no dwellings
exist on the project site, therefore, there will be no displace-
ment or conversion of occupiable structures;
~ ,'3)_ Adopt..a Non-Discrimination/Equal EmploymentOpportunity PolicY, - designating David'Benish, ChiefOf~ CommunityDevelopment, as.the
~- Section 504~'~(Handicapped Rehabilitation-Act) Coor~dinator for~this!~.~
grant;~ ~ -' ~ ~
4) Certify.that an action will be carried out.each.year to affirma-
tivetyfurtherfair hou-sing; and .... '
July 17, 1991 (Regular Night Meeting)
(Page 3)
46
5)
Designate David Benish, Chief of Community Development, as
Project Manager, and Robert Walters, Jr., Deputy Director of
Finance, as Financial Officer.
following documents were approved by the vote shown above:
COUNTY OF ALBEMARLE
SECTION 3 PLAN
The County of Albemarle designates a its Section 3 covered
project area the boundaries of the County.
lThe C0untY~of~"Albemarte,':~its contractors, and designated third
parties shall in utilizing community Improvement Grant funds
utilize businesses and lower income residents of the Section 3
covered~ ProjeCt Area~in carrying Out~'.alt~activities,~ to the
greatest':extent fea.sible~ ~ -' --"~ --
(a) The County of Albemarle shall ascertain what work and
fc~] ~p=~corem~ntssare~tike!y~toitake~pta~et~h~ugh ~hevgommunity
Improvement Grant funds.
(b) The County of AlbemaMle.shall,ascertain through various and
appropriate sources including:
Charlottesville Daily:Progress.~.
the-businessconcerns'~covered-by~.Section 3%whichare~tik~ly
to proVidematerials, equipment and~.~servicesi-which~.witt be
utilized,~in~the act,ivities~fundedthrough CommunityImpr°ve-
The identified business concerns shall be apprised of
Opportunities tO~isubmit bidS, qnotes~or proposals for work
or~.p~oau~ement'~.eont~a~ts.whi~h--utilize~cIS.~funds~:<-~
To the greatest, extent feasible'the identified businesses
and any other projectarea bdSiness eoncernsshatl..'be--
utilized in activities:which are funded with CIG's.
In the U~zation oftrainees.or':employees for activities funded
through CIG~s the County of Albemarle, its contractors, the
designated,third.~.pa~ties,.shall:take:thefollowing-.steps:to
utilize lower'income person residing in!.the~,Section'3:-.~over~d
(a) The coUnty of Albemarle in consultation with its contractors
(inclUding designprofessionats) shall ascertaini~the~'types
andnumberof positions for>both'trainees-'and~empl0yecs
whic~'.are~'tikety~:to~i!be:'utitized,-.;during<-~he"p~o~ect::fundedby
CIG's,.
(b) The County-of Albemarle shall~advertise through~thel~follow-
ing..sou~ces the avaitabilityof::~such'positionS:-With the
information on how to apply.
Charlottesville DailyProgress
(c) The County. of:.'Albemarle, it~contractors,.,,.anddesignated
third:partiesshall be'required to maintained recordof:
inquiriesand applications by project area of residents who
respond-~o adverti:semeuts, andshall',mainta~n:a
the'status of Suchinquiries~and applicati
(c)
(d)
(d)
its contractors, and designated third parties shall utilize
lower income-project,area~residents in-filling training and
employment positions, necessary~or':implementing ~ctivities'~
July 17, 1991 (Regular Night Meeting)
(Page 4)
5~
In order to ascertain substantial compliance with the above
affirmative actions and Section 3 of the Housing and Community
Development Act of 1968, the County of Albemarle shall keep, and
require to be kept by contractors and designated third parties,
listings of all persons employed and all procurements made
through the implementation of activities funded by CIG's. Such
listings shall be complete and shall be verified by site visits
and interviews, cross checking of payroll reports and invoices,
and through audits if necessary.
Residential Anti-Displacement and Relocation Assistance Plan
The County of Albemarle accepts the responsibility to replace all
occupied and vacant occupiable low/moderate-income dwelling units
demolished~or converted to a use other than aslow/moderate~income
dwelling units~as a directresult of activities assisted withfunds
provided under the-Housing and Community Development Act Of 1974~ as
amended. Ail replacement housing will be,provided within three~(3)
years of the commencement of the demolition or rehabilitation relating
to conversion. ·
1. a description of the proposed assisted activity;
2. the general location on a map and approximate number of dwelling
units by size (number of bedroOm) that will be demolished or
converted to a use other than as l~ow/moderate-incomedwelling
units.as a~direct result ~of the assisted activity;
3~r .a time schedule for the commencement and completion of the~
demolition or conversion;
4. .the general location ona map and approximate number of dwelling
units by size(number of.bedrooms) that will be providedaS
replacementdwelling units;
the source of funding and a time schedule for the provisions of
replacement dwelling units;
the basis forconcluding that each replacement-dwelling unit. will
remain.a low/moderate-income dwelling units for at least 10 years
from the date of.initial occupancy.; and
information demonstrating that any proposed replacement of
dwelling units with smaller dwelling unitsis~.consistent with the
housing needs of low-.and moderate- income households in the
jurisdiction.
The County willproviderelocation assistanne to~each-low/moderate-
incQme household displaced· by the demolition of housing or by the
direct result of assisted activities. Such assistance shall be that
provided under Section 104(d)iof the Housing andCommunity. Development
Act of 1974,~as amended, or__ the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended.
The County'sFY91 project includes thefollowing activities: ....
The rehabilitation of 38 dwelling units to HUD Section 8
Minimum Property Standards. It will also includethe removal
of debris, derelict structures, weeds, and. abandoned vehicles
around houses improved. .The project will benefit 98~1ow to
moderate income individuals.
The activities as planned will not cause anydisplacement from or
conversion of occupiable structures. As planned~the project calls
for the useof existing~right-of-way or easements to be purchasedor
theaCquisition or tracts of land that do not contain housing. ~The
County will work.with the grant management staff~ engineers, projec~t~
July 17, 1991 (Regular Night Meeting)
(Page 5)
area residents, and the Department of Housing and Community
Development to ensure that any changes in project activities do not
cause any displacement from or conversion of occupiable structures.
In all cases, an occupiable structure will be defined as a dwelling
that meets local building codes or a dwelling that can be rehabili-
tated to meet code for $25,000 or less.
NONDISCRIMINATION/
EQUAL EMPLOYMENT OPPORTUNITY POLICY
~It. shall be the. policy of the Board of Supervisors of Albemarle
County, Virginia, that all persons are entitled to Equal Employment
Opportunities and that it does not discriminate against its employees
.or applicants for employment because of race, creed,:.¢olor,national
origin, age, sex,-~handicap or othernonmerit factors provide~theyare
qualified and:meet, the physicals, requirements established~-forthe
position. The County will abide by Section 504 of the handicapped
RehaSilitation~Act.~ ..... _.
For the purposes of complying with Section 504 of the Rehabili-
tation Act of 1973 for the 1991 Community Development Block Grant, Mr.
David Benish, Chief of Community Development, Albemarle County Depart-
ment of Planning and CommunityDevelopment is designated as Section
504 Coordinator. The nearest telecommunication system for the hearing
impaired is located in the Virginia Department of Rehabilitative
Services, 300 ~restonAvenue~ Charlottesville,, Vi.rginia, 2290t.~, .,
telephone 296-5621. T
..... CERTIFICATION .,
Compliance with Title VIII of the~Civil Rights Act of 1968
~W~, the County of Albemarle. has been offered and intends to
accept federal funds, authorized under.~.theHousing and Commmnity
Development~act of 1974; and
%~R~,EAS, recipients~of funding underthe Act ar.e required totake
action to affirmatively further~fair, housing.
NOW, T~O~ the-County of. Albemarle agrees to take'at least
one action to affirmatively further fair housing eachcalendar year,
during the life of its project funded with Community Development Block
Grant. funds. The actiontaken will be selected from a list provided
by the Virginia Department of Housing and andCommunity Development.
Item 5.4. Letter dated July 2, 1991, from Ray D. Pethtel, Commissioner,
Department?~'Df, Tr~nsportation, noting that. certain roadsin RaintreeSubdivi-
sion were accepted, into the~Secondary System of HighWayseffective~June~28,
1991, was ,received as information as follows:
"As re]qu~tled in_your resolutions datedDecember~13, 1989, and
March 20, 1991, the fOllowing additions to the Secondary System of
Albemarle County are hereby approved, effective June 28, 1991.
ADDITIONS. - LENGTH
RAINTREE
Route 1037 (Mopkins Court) - F~om Route 652 to 0.08
mile Southeast.Route 652
0. 08 Mi
Route 1180 (SnowdenDrive) - From Route 652 to 0.15
mile. E~s~.lR~ute 652 . -
Route 1181 (Surry Hill Cou~t) - From Route 1180 to
0.07 mile South Route 1180
0.07 Mi
July 17, 1991 (Regular Night Meeting)
(Page 6)
Route 1182 (Ramblewood Place) - From Route 652 to
0.11 mile Northwest Route 652
Route 1183 (Farm Brook Place) - From Route 1182 to
0.07 mile Southwest Route 1182
0.11 Mi
0.07 Mi"
Item 5.5. Letter dated June 18, 1991, from Amelia M. Patterson, Zoning
Administrator, re: SP-91-17, Mooreland Baptist Church, and SP-91-19, Olivet
Presbyterian Church, entitled: "Determination of No Special Permit Required",
received as information.
t ~ Item 5.6. Letter dated July 3, 1991, from Amelia M. Patterson, Zoning
Administrator, to Edward H. Bain, Jr., re: "Official Determination of Number
of Parcels - Section 10.3.1; Tax-Map 41, Parcel 13", .received as information.
Item 5. 7
July 9, 1991.
Copy of the Planning Commission's Minutes for June 25 and
Agenda Item No. 6. SP-90-117. Paul Bland Tilman. Public.- Rearing~on~a
request for a bridge in the floodwayof YellowMountain Creek on 93.6 ac_zoned
RA. Property on W side of Rt 689.approx 1/2 mi S of inters with Rt 2~50~i
TM71,P5. Samuel Miller Dist. (This property does not lie in a designated
growth area.) (Advertised in the Daily Progress on July 3 and July 9, 1991.)
Mr, Cilimberg gave the staff'~s report as folloWs: ~ ~
"Character of,,~the Area: This area iS~,moderately rolling ter=ain,.,, ?The
bridge will be located approximately, 9ne-half mile from Route 689.
There is approximately 25 feet of woodland contiguous to the stream.
The majority 'of the land is hayfield .... . · ~ -
Applicant's Proposal: The applicant is proposing to construct a
stream crossing of Yellow Mountain Creek for cattle and farm vehicles.
~The~ stream?crossing would Consist of four, 48~inch diameter, corrugated
metal pipes .20 feet in length. No roads, subdivisions, or-dWstlings~ ~
are proposed to be served by this bridge. ~
Comprehensive Plan: 'Encroachment into flood plain lands by develop-
ment and other inappropriate uses can result in: increased danger to
life, health, and property; public costs for.. flood control measures,
rescue and relief efforts; soil erosion, sedimentation and siltation;
pollution of water resources; and general degradation of the natural?~,
and man-made environment. Stripping land and paving over. soil. in-
creases the rate and amount~of storm~ater runoff, and Can~ increase
flood ~levels. '
As a goal, the Comprehensive Plan aiso~ emphasizes the preservation of
agricultural and forestal activities.
Staff Comment: On February 5, 1991, staff requested indefinite
deferral of~SP-90-117, due to a lack Of information. In early_May
staff received the needed items.
This proposal has,been reviewed by the. Watershed Management Official~.
who notes 'no substantial problem' with this request..~The County~
Engineer has stated 'We accept the applicant's assertion, that the.one
hundred year flood plain is.not effected by~more~than one' ~erticat~-
foot due tothe placement of the structure into the flood plain~ and
is prepared to approve the proposal upon theapplicant satisfactorily
addressing his comments.
Staff has reviewed_this request forc.ompli,ance~ withSection 31~2.4.1
and:30.5.2.,1 of the Zoning Ordinance. This crossing is to serve
continued agricultural activity as opposed to new development.
Therefore, staff,has_not requested information on alternativestream
croSSingsOr~making this~crossing available toother properties._~With
July 17, 1991 (Regular Night Meeting)
(Page 7)
this in mind, and comments from the Department of Engineering, and the
Watershed Management Official, staff recommends approval subject to
conditions.
Recommended Conditions of Approval:
Department of Engineering approval of crossing design and imple-
mentation. In such approval, the County Engineer shall be
particularly mindful of the Watershed Management Official's
comments of January 18, 1991;
Any residential development or subdivision which will utilize
this crosming/wit~lrequire further review for adequacy."
Mr. Cilimherg saidthat the. Planning Cpmmission,/at-itm~meetingon
July 25,-1991, recommended.approval of this request subject~to-the~ staffts
conditions.. Mr. Cilimberg said he would now recommend that Condition No. 2 be
worded to state: "Any residential development or subdivision which will
utilize~this crossing will require~the crossing to be further reviewed for
adequacy."
The public hearingwas opened..The ~applicant was present, butmade no
comments. With no one rising to speak, the. publichearing was immediately
closed.
Mr. Bain then offered~motion~to approveSP-90,117 withthe two conditions
of the PlanningCommission, but.~modifying No. 2 toread: "~ny residential
develOpment or subdivision which will utilize the crossing will require the
crossing to be further reviewed for adequacy."
The motion was seconded by Mr'. Perkins. Roll was.~catled~ on..theforegoing
motionwhich carried by-the following recorded~vote~
~AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
(Not~:~ The conditions of approval are set.out, in full below:)
1. Department of Engineering approval of crossing design and implemen-
tation. In such approval, the County Engineer shall be particularly
~mindful of theWatershed Management~Officia!'s comments, of~January~.
18, 19911; . -~ . ~ ' .,~ ~' .
Any residential development or.subdivision which will utilize the
crossing will require the crossing to be further reviewedfor
adequacy. ~ .....
Agenda ItemNo. 7 Public.Hearing on anordinance to-amend and reenact
Article II, Chapter 15, Section 15-2, "Personnel" of the Code of Albemarle by
deleting the compensation of certain boards and commissions. (Advertised in
the Daity-Prog=ess on July 3 and July 9,~1991.)
. The public hearing was opened. With.no member of .the pUblic rising t~o
speak, the public hearing~ was, closed '-
Motion was immediately offered by Mrs. Humphris, seconded by. Mr, Way., to
adopt an ordinance to amend and reenact Article II, Chapter 15, "Personnel" of
the Code of Albemarle deleting the compensation of certain boards, and~aon~nis-
sions. Roll was called and the motion carried by.the following-.recorded vote:
AYES:
NAYS:
Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
None.
(The ordinance, as adopted, is set out in-~full below:).
July 17, 1991 (Regular Night Meeting)
(Page 8)
AN ORDINANCE TO AMEND AND
REENACT ARTICLE II, CHAPTER 15, "PERSONNEL"
OF THE CODE OF ALBEMARLE
DELETING THE COMPENSATION OF
CERTAIN BOARDS AND COMMISSIONS
BE IT ORDAINED that Article II, Chapter 15, "Personnel" of the
Code of Albemarle, in Section 15-2, be amended and reenacted to
read as follows:
Sec. 15-2. Enumerated.
~ Each member~ Of ,t~e 'f0il0~ing boards and commissions duly
.appointed by the board of supervisors shall be paid thirty-five
dollars ($35.00) for each and every regularly scheduled meeting of
the board or commission actually attended~, as, set forth in the
rules and regulations'of~.that board or~commissiOn:~ board of zoning
appeals, land use advisory board, an~e'qualization board.
Agenda Item No. 8. CPA-91-01. Public Hearing on an amendment to the
ComprehensivePlan to include The Bike Plan for the City of Charlottesville
and Al-hemarle County as an element thereof., (Advertised in the Daily Progress
on July3 and~July 9, 1991.)
Mr:..Cilimberg gave a brief summary of the purpose of adopting such a bike
plan. The public hearing was opened. With no one rising to speak, the public
hearing was
Motion was immediately offered by Mrs. Humphris to adoPt.the"Bicycle
Plan for the City of Charlottesville and Albemarle County'.as. prepared by the
City of ChartOttesville and Albemarle County for the Metropolitan Planning
Organization, May 1991, as an element of the Albemarle County Comprehensive
Plan.
The~motion~ was seconded by Mr. Bowerman. Roll was called and' the motion
ca~rie~d?by~ the~ f,~llowing recorded vote:
~YES,:~ ~Messrs.,Bain', Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. W~ay.
NAYS: None.
,~' 7Agenda I~tem~No. 9~ ~Meals Tax Referendum, Discussion of.
Mr4 ,Bowie> smid that last week'the Board dislcussed the way %he ~nahling
legisl~ation allows the question Of a meaks tax to be stated--on %he~ ballot four
the~ r~ferendum ..... '~ ' .-
~ ~_ . Mrs. Humphris said she would suggest that the question on the Writ of
Election read: "Shall Albemarle County be authorized to levy a food and
bever~g~ ~tax. o,f no-more than four percent on food.~and beverages._ sold for.human
.consumption b~ restaurants and on prepared sandwiches and single-meal platters
sold ~by. grocery~.stores and convenience _stores at delicatessen ~counters, not- to
egc~ed ~ei§ht'. and one-hailf, percent when added to. the state- and local general~
~sales and use tax ..." and then continue with the draft language in Mr. St.
John's draft document. Mr. St. John said he would suggest that the language
read: '".~.sU~h tax, in no .event, .to exceed .... "
Mr. Bain said this new proposal does not take away from the state lan-
guage-~v bUt~~ ad~s ~goA it. ~which will'~ ~open it:.. up ,to- challenge. '~_ The other language
~-i%! ~ h~t~;be, subject 'to any. challenge, .-
...... Mrs.,~ Humphris said she ~feels.this is a good way to do it because Mr.~ St.
John, ~,helieves it fulfitls~ the-requirements of the language of the'statute, and
Substantially explains to~ the people who have to vote exactly what they are
vo~ing~ one, She thinks the Board~ owes that to the voters. Mrs~ Humphris said~'
she~prefers the :language ,"not. to. exceed, eight and one-half percent- when. ,added
to~ '~, ;..:.because ~hat is the wording of the statute ....
July 17, 1991 (Regular Night Meeting)
512
( p age 9)
Mr. St. John sald he prefers Yerslon #1, but the Board needs to settle
this questlon tonight. If the State Board of Elections should disagree, there
would be time to make a change. September 5th ls the final date for entering
thls writ.
Mrs. Humphris then offered motion to adopt Version #1 substituting the
language recommended by Mr. St. John of "in no event, to exceed .... " The
motion was. seconded by Mr. Bowerman.
Mr. Way then inquired as to the Meals Tax Ordinance which the Board must
adopt, and the way the money from the tax will be used. Mr. St. John said if
the referendum passes, it will enable the County to adopt this tax and it will
~s'tablishthe parameters of. this~Ordinance. By ordinance, the Board can do
~hat.~it~ originally considered doing in the referendum, and that is to say that
the proceeds can be used only for capital projects and retirement of school
debt,~and by ordinance also establish the exact rate not to exceedfour -
percent. If the State sales tax is ever increased, the .Board would?have
~reduc~ the. amount of the tax by amending the-ordinancel~ -~
Mr. Bain asked if the Board can adopt the ordinance before the referendum
is held. Mr, St. John said "yes" ~
Mr. Bowie'said he will support adopting the ordinance before the election
so the voters will know how the money will be used.
Mrs.~Humphris said the Meals Tax Committee"starts work tomorrow, so it
needs to ,know what the Board intends
,~ Mr..Bowie suggested that thestaff bring all of this information back in,
final form for. the September day meeting...
Roll-was then called, onthe motionwhich carried.by the~follOWing record-
ed.~ote:~ ~
AYES: ~ Messrs.. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins andM=...~Way.~
NAYS: None.
Mr. St. John then requested the Board to adopt a resolution directing him
to file a petition with the Circuit Court of Albemarle County asking them to
file the Writ Of Election.~ Motion was offered by Mrs,'Bain-to thiseffect.
~The motion was seconded~by Mrs. Humphris. Roll was called-and the motion
carried by the followingrecorded vote:
AYES: Messrs. Bain, Bowerman, Bowie., Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
Agenda Item No. 10. Conditions of Approval, Mobile Homes Authorized
Administratively, Discussion of. ~ -- ~
Mr, Cilimberg gave the following staff report:
"TheBoard~of Supervisors has requested ordinance language to restrict~
occupancy of administratively approved mobilehomes. Such'language
was a part of the prior zoning ordinanceand could, be reintroduced~in
current~regulations as Section 5.6.2(f)reading:' 'No rental to be~
made.of the mobile home, the same to be occupied by the owner of the~
land on which it is located or by his lineal relative or bona fide
agricultural employee~'
Currently special use permits issued by the ~Board typically have the .'
condition 'Mobile home shall only be occupied by (property owner) or
their family. '
If the Board wishes to amend the Zoning Ordinance to include the above
language,?.it should pass.a resolution of intent to do so. If the
Board feels it should address the mobile home policy more broadly,
staff would like to disguss.: the issue ~with the..Board.." .... ·
July 17, 1991 (Regular Night Meeting)
(Page 10)
Mr. Bowie asked if putting this language back into the ordinance would
correct the basic discrepancy between the Board's approval of mobile homes and
administrative approval and the condition related to rental of mobile homes.
Mr. St. John said there is nothing in the Zoning Ordinance in the special use
permit process, anymore than there is in the administrative process, that
requires a condition of "no rental". The Zoning Ordinance is consistence in
itself. The inconsistency is with the policy of the Planning Commission and
the Board. Both are imposing this condition, but not as a special use permit
requirement of the ordinance.
Mr. Bain asked if this requirement should be a part of the Zoning Ordi-
nance. Mr. St. John said to make the ordinance consistent with itself, if it
is put'in one Section, .it~Should be put in the other. Mr. Cilimberg said
Section 10.2.2 of the Ordinance shows mobile homes on individual lots as a use
by special use permit, and make reference to Section 5.6 which is where this
amendment~woutdbe located. By reference, it would be included'.in the special
permit review process.-
Mr.~Bowie.said.that was hisintent~ He doesnotwant Albemarle.,County~to
be a~place, where.you canhave.a defactomobilehome~park, and yetthere?have
bsen applicantscome before the.Board who cannot afford other than-.a~mobile
home~ He does not want to stand in the way, of~someone getting a home~-The.
solution, as far as heis concerned, is to, change the administrative proce-~
dure.
Mr, Tucker said the reason this condition is not.in the Ordinance is~ ~
because Mr. St. John was concerned about having it in.the ordinance,,so it was
taken out during.the-1980 revision. The Zoning Administrator gavehima
memorandum todayandasked that he let theBoard, know that enforcement~will~,be
dif.ficult,
~ Motion was.then offered by Mr.~Bain, seconded by Mr. BoWerman, to adopt,.a
resolution of intent as follows:
.~ -.BE ITRESOLVEDthat the. Board of SUpervisors of AtbemarleCounty,~
· ~irginia, doesherebystate i~s imtent to amend the. Albemarle County,
.Zoning Ordinance~in Section 5.6.2, Conditions of.~Approval
· ' c 'o~
Homes onIndividual.Lots'by the addmt~on thereto of.asubse tm
reading: "No rental to be made of the mobile home, the same to be
occupied by the owner of the land on which the mobile home is located,
or by a lineal relative or bona fide~agricultural~employeeofthe
owner; and .
FURTHER requests theAlbemarle CountyPlanning Commission~-.to hold~
public hearing on said intent to amend~the Zoning Ordinance, and'does
request that.~the Planning Commission send its recommendation to,this
Board~as soon~as possible
Mr. Way said he is uncomfortable every, time the Board has to go through
the approval process for a mobile, home..-However, hedoes not-haveanoth~r
solution,~ Mr-Bainsaid,'that there~are ~few counties who~do-not hav~some~
regulations on-mobilehomes. If the state would include, singterwide~mobile
homes'in legislation~with double-wides, the_problem would~be~eliminated.
Mr. Perkins said hedid not.~see anything wrong with putting conditions on
as long as theapp!icant can come back ~o the Board andask~.for a waiver.of
that condition.
Mr. Bowie~?asked~if the Zoning Administrator could~apProve~these'requests~
Mr. Cilimberg~said"yes"~ Mr, Bainsaidhe wouldbe-willing,'tolook at.-that,
but not~ as part of this.particular change.~ Mr. St. John~said there cannot be
administrative approval~of-of.a special use permit. It would have to be~
called somethingelse.
Mr. Bowermansaidif these two ideas~are put together,~thediscussionby
the public will,b~ much greater, on the question of not requiring a special use
permit than on the question the Board first started to deal with.
administrative approval, landowners would'no longer have anyway~to appeal
approval of a mobile home.
July 17, 1991 (Regular Night Meeting)
(Page 11)
Mr. Bain said he would prefer that the Board's resolution of intent not
be slowed down by the addition of this question.
Roll was immediately called and the motion carried by the following
recorded vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
Agenda Item No. 11. Other Matters Not Listed on the Agenda from the
BOARD.
· Mr~ Tucker mentioned that the Virginia Department of Transportation
(VDoT) had sent a letter to the Planning District Commission concerning a
proposal to change its,?funding formula. ~Theyare hotding~public hearings.~';.~
throughout the stat~., but the County has,not.received any notification. He
will write a letter to VDoT stating that the Board does not want the change in
formula to impactAlbemarle County. It~was~suggested~that the Cesponse· should
be to~..ask why the counties have not been brought in on this discussion.
Mrs. Humphris mentioned an approval given by the Board on August 1, 1990,
for SP-90-50, a stream crossing of Buck MOuntain Creek. It was suggested that
the staff investigate the problem for a solution before the Board becomes
involved. ·
~.Agendm ItemNo.:12.~
the.Board, the meeting was adjourned at~8:08 P'.M.
Chairman
Adjourn. With ,no further business to come: before