1988-01-06January 6, 1988 (Regular Night Meaning)
(Page 1)
468
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on January 6, 1988, beginning at 7:30 P.M., in Meeting Room
#7, Second Floor, County Office Building, McIntire Road, Charlottesville,
Virginia.
The following certificate was received for the record:
"F. R. Bowie, who was on the 3rd day of November 1987 duly elected
a member of the Board of Supervisors of Albemarle County, Virginia,
from the Rivanna District, Walter F. Perkins, who was duly elected
a member of the Board of Supervisors of Albemarle County on the 3rd
day of November 1987 from the White Hall District, and Peter T. Way,
who was duly elected on the 3rd day of November 1987 as a member of
the Board of Supervisors from the Scottsville District, for a term
of fours years commencing on the 1st day of January 1988, on this the
19th day of December 1987 appeared in the Clerk's Office of the Circuit
Court of the County of Albemarle and took and subscribed the oath of
office prescribed by law as members of the Board of Supervisors of
Albemarle County, Virginia.
(Signed) Shelby J. Marshall
Clerk, Circuit Court of Albemarle County"
PRESENT: Messrs. Edward H. Bain, Jr. and F. R. Bowie, Mrs. Patricia H.
Cooke, and Messrs. C. Timothy Lindstrom, Walter F. Perkins and Peter T. Way.
ABSENT: None.
OFFICERS PRESENT: County Executive, Mr~ Guy B. Agnor, Jr.; County
Attorney, Mr. George R. St. John; and County Planner, Mr. John T. P. Home.
Agenda Item No. 1. The meeting was called to order at 7:30 P.M. by Mr.
Guy Agnor, acting as temporary Chairman.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Election of Chairman. Motion was offered by Mr.
Lindstrom and seconded by Mrs. Cooke to elec~ Mr. Way Chairman for Calendar
Year 1988. Mr. Bain moved to close the nominations; Mr. Bowie seconded by the
motion. There was no further discussion. R~ll was called and the motion
carried by the following recorded vote: ~
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom and Perkins.
NAYS: None.
ABSTAINING: Mr. Way.
Mr. Agnor then turned the meeting over to the Chairman, Mr. Way, who
thanked his colleagues for electing him to this position. He said he would do
his best during the coming year, and said all members should feel free to make
suggestions concerning his performance.
Agenda Item No. 5. Election of Vice-Chairman. Motion was offered by Mr.
Lindstrom and seconded by Mr. Bain to elect Mrs. Cooke Vice-Chairman for 1988.
There was no further discussion. Roll was called and the motion carried by
the following recorded vote:
AYES: Messrs. Bain, Bowie, Lindstrom, Perkins and Way.
NAYS: None.
ABSTAINING: Mrs. Cooke.
Mrs. Cooke thanked the other Board members for giving her the opportunity
to serve in this capacity. She said she will do the job to the best of her
ability.
469
January 6, 1988 (Regular Night Meeting)
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Agenda Item No. 6. Appointment of Clerk and Deputy Clerk. Motion was
offered by Mr. Lindstrom and seconded by Mrs. Cooke to appoint Miss Lettie E.
Neher, Clerk and Mrs. Ella W. Carey, Deputy Clerk, for 1988. There was no
further discussion. Roll was called and the motion carried by the following
recorded vote:
AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
Agenda Item No. 7. Set Meeting Times, Dates and Places for Calendar Year
1988. Motion was offered by Mr. Lindstrom and seconded by Mr. Bain to adopt
the same meetings days and times currently in use: the first and third
Wednesday at 7:30 P.M., and the second Wednesday at 9:00 A.M., in the County
Office Building. There was no further discussion. Roll was called and the
motion carried by the following recorded vote:
AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
Agenda Item No. 8. Set Dates for Hearing Zoning Text Amendments
Requested by Citizens. Motion was offered by Mr. Lindstrom and seconded by
Mr. Bain to set the first meeting in June and the first meeting in December,
1988, for hearing the amendments. There was no further discussion. Roll was
called and the motion carried by the following recorded vOte:
AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom~ Perkins and Way.
NAYS: None.
Agenda Item No. 9. Rules of Procedure, Adoption of. Motion was offered
by Mr. Lindstrom and seconded by Mrs. Cooke to readopt the same rules used
last year.
Mr. Way said the Board members have discussed the advisability of limit-
ing the number of terms a person can serve as Chairman. Mr. Lindstrom said he
believes the Board could do that without having a rule. Mrs. Cooke said she
has always thought it was a good idea to move the Chairmanship around. She
said she believes the Board already has that discretion as an option. Mr. St.
John said he believes such a rule would be contrary to State Statute.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom~ Perkins and Way.
NAYS: None.
Agenda Item No. 10. Appointments:
a) Alcohol Safety Action Cox~ittee. MOtion was made by Mr. Lindstrom
and seconded by Mrs. Cooke to appoint Chief Frank Johnstone to replace Judge
Paul Peatross to a term expiring January 1, 1989. There Bas no further
discussion. Roll was called and the motion carried by the following recorded
vote:
AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
b) Jail Board. Motion was offered by Mr. Lindstrom and seconded by
Mrs. Cooke to appoint Mr. Bowie to the Jail Board for a term to expire on
December 31, 1991. There was no further discussion. Rol~ was called and the
motion carried by the following recorded vote:
AYES: Mr. Bain, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
ABSTAINING: Mr. Bowim.
January 6, 1988 (Regular Night Mee~ing)
(Page 3)
(Note: At 7:45 P.M., Mr. St. John left the room.
P.M.)
470
He returned at 7:50
c) Metropolitan Planning Organization. Motion was offered by Mr.
Lindstrom and seconded by Mrs. Cooke to reappoint Mr. Bowie to the Metro-
politan Planning Organization. There was no further discussion. Roll was
called and the motion carried by the following recorded vote:
AYES: Mr. Bain, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
ABSTAINING: Mr. Bowie.
d) Planning Commission. Motion was offered by Mrs. Cooke and seconded
by Mr. Lindstrom to reappoint Mr. Timothy M. Michel as the At-large member,
with a term to expire December 31, 1989. There was no further discussion.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
Motion was offered by Mr. Bowie and seconded by Mr. Lindstrom to reap-
point Mr. Richard F. Gould as the Rivanna District representative, with a term
to expire December 31, 1991.
Motion was offered by Mr. Perkins and s~conded by Mr. Bain to appoint Mr.
Thomas H. 3enkins as the White Hall District representative, with a term to
expire December 31, 1991.
Motion was made by Mr. Bowie and seconded by Mrs. Cooke to reappoint Mr.
Harry F. Wilkerson as the Scottsville District representative, with a term to
expire December 31, 1991.
There was no further discussion. Roll was called on the above three
appointments and the motion carried by the following recorded vote:
AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
e) Planning District Commission. Motion was offered by Mr. Lindstrom
and seconded by Mrs. Cooke to appoint Messrs,! Bain and Bowie as the Board's
representatives to the Planning District Commission. Roll was called and the
motion carried by the following recorded vote:
AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messcs. Lindstrom, Perkins and Way.
NAYS: None.
f) Properties Committee. Motion was Offered by Mr. Lindstrom and
seconded by Mr. Bain to appoint Messrs. Bowie and Perkins as the Board's
representatives to the Properties Committee. There was no further discussion.
Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Bain, Mr. Bowie (voting for Mr. Perkins), Mrs. Cooke, Messrs.
Lindstrom, Perkins (voting for Mr. Bowie) and Way.
None.
g) School Board.
Motion was offered by Mr. Bowie and seconded by Mr. Bain to reappoint
Mrs. Sharon Wood as the Rivanna District representative with the term to
expire on December 31, 1991.
Motion was offered by Mr. Perkins and s~conded by Mr. Bain to appoint Mr.
William W. Finley as the White Hall District representative with the term to
expire on December 31, 1991.
471
January 6, 1988 (Regular Night Meeting)
(Page 4)
Mr. Way recommended the reappointment of Mr. Forrest R. Marshall, Jr., to
represent Scottsville District with the term to expire on December 31, 1991.
Mrs. Cooke gave second.
Roll was called and the above motions carried by the following recorded
vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
h) Social Services Board.
Mr. Way recommended the reappointment of Mr. Theodore N. Gardner to
represent the Scottsville District for a term to expire December 31, 1991.
Mr. Bowie gave second.
Motion was offered by Mr. Perkins and seconded by Mrs. Cooke to reappoint
Mrs. Doris Sandridge Davis to represent the White Hall District for a term to
expire on December 31, 1991.
Roll was called and both motions carried by the following recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
i) Transportation Safety Committee. Motion was offered by Mr.
Lindstrom and seconded by Mr. Bain to reappoint Mrs. Cooke for a term to
expire December 31, 1991. Roll was called and the motion carried by the
following recorded vote:
AYES: Messrs. Bain, Bowie, Lindstrom, Perkins and Way.
NAYS: None.
ABSTAINING: Mrs. Cooke.
j) Board Member Committee Appointments.
Agricultural/Forestal District Advisory C~mittee. Motion was offered by
Mr. Bowie and seconded by Mr. Bain to appoint Mr. Perkins to this committee.
Roll was called and the motion carried by the following recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom and Way.
NAYS: None.
ABSTAINING: Mr. Perkins.
Audit Committee. Motion was offered by Mr. Bain and ~seconded by Mrs.
Cooke to appoint Messrs. Bowie and Perkins to this committee. Roll was called
and the motion carried by the following recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
Clean Community Commission. Motion was offered by Mr. Lindstrom and
seconded by Mr. Bowie to reappoint Mrs. Cooke. Roll was called and the motion
carried by the following recorded vote:
AYES: Messrs. Bain, Bowie, Lindstrom, Perkins and Way.
NAYS: None.
ABSTAINING: Mrs. Cooke.
Coumty Office Building Beautification Committee. Motion was offered by
Mr. Bain and seconded by Mr. Lindstrom to appoint Mrs. Cooke to this commit-
tee. Roll was called and the motion carried by the following recorded vote:
AYES: Messrs. Bain, Bowie, Lindstrom, Perkins and Way.
NAYS: None.
ABSTAINING: Mrs. Cooke.
January 6, 1988 (Regular Night Meaning)
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472
Crozet School Site Selection Committee. Motion was offered by Mr.
Lindstrom and seconded by Mr. Bain to appoint Mr. Perkins to the committee.
Roll was called and the motion carried by the following recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom and Way.
NAYS: None.
ABSTAINING: Mr. Perkins.
City]County/University of Virginia Highway Com~ttee. Motion was offered
by Mr. Bain and seconded by Mrs. Cooke to appoint Messrs. Lindstrom and Bowie
to the committee. Roll was called and the motion carried by the following
recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
JAUNT Board of Directors. Motion was offered by Mr. Lindstrom and
seconded by Mrs. Cooke to appoint Mr. Way to a term to expire on September 30,
1990. Roll was called and the motion carried by the following recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
Library Budget Committee. Motion was offered by Mrs. Cooke and seconded
by Mr. Bowie to appoint Mr. Way to the committee. Roll was called and the
motion carried by the following recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
Piedmont Job Training PolicyBoard. Motion was offered by Mrs. Cooke and
seconded by Mr. Bain to appoint Mr. Bowie to the committee. Roll was called
and the motion carried by the following recorded vote:
AYES: Mr. Bain, Mrs. Cooke, Messrs. Lindstrqm, Perkins and Way.
NAYS: None.
ABSTAINING: Mr. Bowie.
City/County/University of Virginia Planning and Coordination Council
(PACC). Motion was offered by Mr. Bain and Seconded by Mrs. Cooke to appoint
Mr. Lindstrom and Mr. Way to this committee. Roll was called and the motion
carried by the following recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, M~ssrs. Lindstrom, Perkins and Way.
NAYS: None. ~
Visitors Bureau Study Committee. Motioni was offered by Mrs. Cooke and
seconded by Mr.' Bowie to appoint Mr. Bain and~ Mr. Way to the committee. Roll
was called and the motion carried by the following recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
Agenda Item No. 11. SP-87-95. Top 100 Music & Video, Inc. For a
drive-in window on 2.23 acres zoned HC. Property on south side of Route 649
about 1/10 mile west of Route 29 North (deferred from December 16, 1987).
Mr. Horne presented the following staff report:
"Petition: Top 100 Music and Video, Inc~ petitions the Board of
Supervisors to issue a special use permit for a DRIVE-IN WINDOW
(24.2.2.(13)) for retail sales/rental of video/musical merchandise on
2.23 acres zoned HC, Highway Commercial. Property, described as Tax
Map 32, Parcel 41D (part), is the site of Team Tires located on the
south side of Route 649 (Airport Road) approximately 0.1 mile west of
Route 29. Rivanna Magisterial District. i
Character of the Area: This property is presently built with a
one-story 5,000 square foot tire sales and service facility served by
4 7 3
January 6, 1988 (Regular Night Meeting)
(Page 6)
seven parking spaces. The 6.53 acre residue portion of this parcel
(south of the subject site) is zoned RA, Rural Areas. Property
adjacent to the east zoned C-i, Commercial, is developed with
Maupin's Grocery. Property adjacent to the west zoned RA, Rural
Areas, is developed with one dwelling unit.
Applicant's Proposal: The drive-up window service is proposed at a
new 320 square foot (16 foot by 20 foot) structure to be located on
the west side of the Team Tires building. The existing entrance is
proposed for joint ingress/egress. A by-pass lane and five parking
spaces are proposed. The 50 foot building setback and 20 foot buffer
zone adjacent to residential property (21.7.2 and 21.7.3) are pro-
posed to be maintained.
Staff Comment
A special use permit is required for this business since it involves
a drive-in window. A special use permit was approved by the Board of
Supervisors on April 3, 1985, for the Top 100 business on Hydraulic
Road at its intersection with Georgetown Road.
Staff review has focused on the drive-in window aspect of the use
(i.e. access/circulation and hours of operation).
Access to this proposal is through the existing 40 foot commercial
entrance with right turn and taper lane. While the width of ultimate
right-of-way for Route 649 is not specified in the CATS study or
Comprehensive Plan, the Virginia Department of Transportation long
range plans recommend a total of 110 feet of right-of-way for a four
lane divided highway. In conjunction with the April 24, 1984, Plan-
ning Commission approval of the Team Tires site plan~ 33 feet from
centerline of Route 649 was dedicated and an additional 12 feet
reserved. The upgrading of RoUte 649 is not in the present Six-Year
Plan. Turn lanes on Route 29 at Route 649 are in the present Six-
Year Primary Plan.
Regarding circulation, neither the Virginia Department of Transporta-
tion nor staff have substantial objection to the oneTway pattern
proposed. Staff supports this circulation pattern which combines
both uses on the site as safe and convenient access.
The applicant proposes similar hours to their other locations (8:00
p.m. on weekdays and 10:00 p.m. Friday and Saturday)~ however, he
would like the option of extending hours to 11:00 p.m. on certain
days. A double row of evergreen trees (planted for %eam Tires) will
provide screening to the west, and the existing wood~ screen to the
south. :
Staff recommends approval subject to the following conditions:
1. Development in general accordance with the site~plan dated
October 26, 1987."
Mr. Horne said the Planning Commission heard the reqUest at its Decem-
ber 1, 1987, meeting and unanimously recommended approval.!
Mr. Way opened the public hearing. The applicant wa~ present, but did
not wish to speak to this request. Since no one else pres!ent wished to
address the request, Mr~ Way closed the public hearing and placed the matter
before the Board. ~
Mr. Bowie said he was concerned about the applicant'~ request to extend
the hours of operation to 11:00 P.M. on certain days. He ~hinks the lateness
of the hour might cause problems for the nearby residential neighborhood.
Motion was offered by Mr. Bowie and seconded by Mrs. Cooke to approve
SP-87-95 with the condition of the Planning Commission and! a second condition,
reading "Hours of operation: 8:00 P.M. on weekdays and 10:00 P.M. on Friday
January 6, 1988 (Regular Night Meaning)
(Page 7)
and Saturday." There was no further discussion..
motion carried by the following recorded vote:
AYES:
NAYS:
474
Roll was called and the
Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
None.
Agenda Item No. 12. ZTA-87-12. County Scenic Highway Designation for
Old Garth, Garth/White Hall Roads (deferred from December 2, 1987).
Mr. Horne said the discussion at the last meeting had lead the staff to
believe that the Board no longer wished to consider the "21 Curves" portion of
Old Garth Road for the designation of County~scenic highway. Therefore, Mr.
Horne said, he will speak only on Garth Road, from the Ivy Creek Bridge to
White Hall Road. There are 193 parcels with frontage along this roadway,
owned by 137 residents. He said the staff received on petitions 57 signatures
for the designation and 45 signatures against the designation. Eleven people,
he said, signed both petitions, so a more accurate count might be 46 for and
34 against the designation. In terms of parcels, the owners of 69 parcels
favored the designation~ the owners of 48 opposed the designation. Mr. Horne
said the staff also measured the total road frontage of owners signing for the
petition as opposed to those signing against it. Of the 16.56 miles of road
frontage owned by people signing the petitions, residents in favor of the
designation own 7.58 miles of road frontage property; residents opposing the
designation own 4.11 miles of property fronting the road. Mr. Home pointed
to the map and explained that the blue areas lwere owned by opponents to the
designation and the green areas by advocates ifor the designation.
Mr. Way reopened the public hearing and~iasked that those who Wished to
speak not repeat what was said during the laMt public hearing on this designa-
tion. ~
Mr. Ed Bauer, a resident of White Hall,,iaddreSsed the Board. He said he
has talked with about six of his neighbors, all of whom regularly drive the
entire length of Garth Road, and they all fagoted the designation. He said he
thought his findings would be true of everyone who travels this road regu-
larly.
Mr. John English said he wanted to know how the number of parcels owned
by opponents to the designation dropped from ~63 to 48. Mr. English said these
signatures were collected with the utmost care and Mr. Perkins verified the
results. He asked that Mr. Horne check the petitions once again.
Mr. Craig Van de Castle said he thinks the designation should be more
important than a "popularity contest". He compared the designation to a
decision to rezone, which may have opponents,~ yet still be in the County's
best interests.
Since there was no one else who wished to speak to the designation, Mr.
Way closed the public hearing and placed the matter before the Board.
Mrs. Cooke asked if only citizens who owned property fronting Garth Road
were counted on the petition. Mr. Horne said "yes".
Mr. Perkins said he was opposed to the designation because it would
infringe upon the rights of property owners along this road. Of course, he
said, these property owners could get variances. But, he said, an increase in
the requests for variances could lead to an increase in the size of the County
government and he does not want to see that happen. He said Garth Road will
continue to be a scenic road, without being so designated.
Motion was offered by Mr. Perkins that Garth Road not be designated a
County Scenic Highway.
Mr. Bowie said the Board is considering whether to place substantial
restrictions on the property along this road. He said he also counted 60
signatures against the designation and does n~t understand the difference
between his count and that of Mr. Horne. He said he believes more property
owners along Garth Road opposed the designation than favored it, and he thinks
475
January 6, 1988 (Regular Night Meeting)
(Page 8)
the will of the property owners should determine this issue, rather than the
will of the people who travel this road.
Mr. Bowie seconded the motion.
Mr. Way said he also feels the designation may encroach upon the rights
of property owners. He said he will support the motion.
At the last meeting, Mr. Lindstrom said, he believes some members of the
Board indicated that the numbers of people for and against the petition would
be an important factor in their decision. He said the numbers did not come
out in favor of the position certain Board members took; therefore, the
numbers are no longer relevant. He said the designation is supported by the
Planning Commission, by the staff and by a ~ajority of the people who own
property fronting on Garth Road. The designation is also consistent with the
Comprehensive Plan. He said he suspects the opponents of the designation have
less to lose than some of the advocates who own large tracts of undeveloped
land. Those who own land along this road that has already been platted will
not be affected, he said. Nor does he think many owners will need variances,
since there are not many small lots along this road.
Mr. Bain said he does not think the designation would result in a signif-
icant loss of property rights. Whatever encroachment there may be should be
weighed against the benefits the designation would bring to the public. He
said he supports the designation.
Mrs. Cooke said she is concerned that Garth Road could suffer the same
over-development as U. S. Route 29 North, to a degree that would change the
character of the area along Garth Road. She said she supports the designa-
tion.
There was no further discussion. Roll was called and the motion was
defeated by the following tied vote:
AYES: Messrs. Bowie, Perkins and Way.
NAYS: Mr. Bain, Mrs. Cooke and Mr. Lindstrom.
Mr. Lindstrom asked Mr. St. John if the Board could reduce the length of
the road to be declared a scenic highway without re-advertising. Mr.
Lindstrom said most of the opposition appeared to come from property owners
west of Millington Road. He said he thinks it would benefit the public to
designate the portion of highway between Old Garth Road and Millington Road as
a County scenic highway, even if the whole of Garth Road could not be so
designated.
Mr. Perkins said he could not support designating even a shortened
section of Garth Road. Mr. Way said he could not support it, either.
Motion was offered by Mr. Lindstrom and seconded by Mrs. Cooke to desig-
nate as a County Scenic Highway the part of Garth Road from "21 Curves" to Old
Garth Road and the MechumRiver. i
Mr. Bowie said there has been significant opposition!against the designa-
tion from the beginning. He will not say he could never ~upport designating a
shorter length of Garth Road, but he will not support it ~onight.
There was no further discussion. Roll was called an~ the motion failed
by the following tied vote: ~
AYES: Mr. Bain, Mrs. Cooke and Mr. Lindstrom.
NAYS: Messrs. Bowie, Perkins and Way.
Agenda Item No. 13.
Inc. for tax exemption.
December 29, 1987.)
Public Hearing: Request from the Senior Center,
(Advertised in the Daily Progress on December 22 and
Mr. Agnor presented the following memorandum, dated December 29, 1987:
January 6, 1988 (Regular Night Mea'~ing)
(Page 9)
476
"The Code of Virginia provides for property tax exemption by designa-
tion of the General Assembly, or by classification of the property.
The Senior Center is seeking the designation process, since the
classification process would not provide the exemption.
Staff has examined the designated agencies which receive tax exemp-
tion in Albemarle County, and found three, i.e., the Thomas Jefferson
Memorial Foundation, Inc., the posts of the Veterans of Foreign Wars,
and the Nature Conservancy.
Staff also reviewed properties which are exempt via their classifica-
tion as religious, charitable, educational and others, which includes
fire departments, rescue squads, alumni associations, private ceme-
teries, museums, etc. There are 348 properties in the County exempt
by this process, 260 of which are the religious classification. A
computer printout of these 348 properties is available if you wish to
examine the properties involved.
For the public hearing on the Senior Center, Inc. request, in addi-
tion to providing an opportunity for citizens to be heard, the State
code requires the Board to consider the following questions:
Whether the organization is exempt from taxation
pursuant to §501(c) of the Internal Revenue Code of 1954;
Whether a current annual alcoholic beverage license for
serving alcoholic beverages has been issued by the Alco-
holic Beverage Control Board to such organization, for use
on such property;
Whether any director or officer of the organization is paid
compensation in excess of a reasonable allowance for
salaries or other compensation for personal services which
such director or officer actually renders;
Whether any part of the net ea~rnings of such organization
inures to the benefit of any ilndividual, and whether any
significant portion of the service provided by such organi-
zation is generated by funds meceived from donations,
contributions or local, state.or federal grants. As used
in this subsection, donations !shall include the providing
of personal services or the cohtribution of in-kind or
other material services;
Whether the organization provides services for the common
good of the public; ~
Whether a substantial part of the activities of the organi-
zation involves carrying on propaganda, or otherwise
attempting to influence legislation and whether the organi-
zation participates in, or intervenes in, any political
campaign on behalf of any candidate for public office;
No rule, regulation, policy, or practice of the organiza-
tion discriminates on the basis of religious conviction,
race, color, sex or national origin; and
o
Any other criteria, facts and circumstances which the
governing body deems pertinent to the adoption of such
resolution.
The Senior Center addressed responses to these questions in their
request for your support of their being designated as being exempt
from payment of property taxes."
Mr. Agnor said the Senior Center is exempt from taxation according to
Section 501(c) of the Internal Revenue Service. No current annual license for
alcoholic beverages has been issued to the Center. No director or officer of
the Senior Center is paid in excess of a reasonable allowance for salaries.
477
JanUary 6, 1988 (Regular Night Meeting)
(Page 10)
Mr. Agnor said members of the Senior Center Board were not compensated; the
staff is paid by the United Way and other contributions. He said the Center
is a non-profit, charitable organization for the people 55 years of age and
older. The Center's activities do not emphasize political involvement.
Membership in the Center is open to people 55 and older, regardless of reli-
gion, race, color, sex, or national origin.
Mr. Way opened the public hearing and asked Mr. Alva Johnson, President,
Board of Directors for the Senior Center, if he would like to address this
matter.
Mr. Johnson said the Senior Center needs a larger facility. The Center
has the chance to acquire property in the County and a substantial donation
along with the land. He asked that the Board endorse legislation to grant a
tax exemption for the Senior Center.
Since there was no one else present who wished to speak to this issue,
Mr. Way closed the public hearing and placed the matter before the Board.
Motion was made by Mr. Lindstrom and seconded by Mr. Perkins to adopt the
following resolution endorsing that the Senior Center be exempted from County
taxes. There was no further discussion. Roll was called and the motion
carried by the following recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
WHEREAS, the Senior Center has asked this Board to endorse an
amendment to Title 58.1 of the Code of Virginia granting the Senior
Center exemption from certain state and local taxes; and
WHEREAS, the Senior Center is a nonprofit corporation organized
to provide a community focal point on aging; and
WHEREAS, this Board has considered, at a public hearing duly
advertised as required by Section 30-19.04 of the Virginia Code, held
on January 6, 1988, whether property of the Senior Center should be
exempt from taxation; and
WHEREAS, this Board finds that the Senior Center:
1) Has been exempt from federal taxation pursuant to Section
501(c)(3) of the Internal Revenue Code of 1954;
2) Holds no current license from the Alcoholic Beverage
Control Board;
3)
Pays no compensation to any officer or director in excess
of reasonable allowance for services rendered;
4)
Does not distribute any part of its net earnings to any
individual. All funds come from the United Way, fund-
raising activities and dues;
5) Provides services for the common good of the public;
6) Does not carry on any political activity;
7) Has no rule, regulation, policy or practice discriminating
on the basis of religious conviction, race,~ color, sex, or
national origin;
NOW, THEREFORE, BE IT RESOLVED that the Board o~ Supervisors of
Albemarle County, Virginia hereby endorses, supports ~!and approves the
adoption of an amendment to Title 58.1 of the Code ofl Virginia
exempting property of the Senior Center located in the County of
Albemarle from state and local taxation; and
?
January 6, 1988 (Regular Night Meeting)
(Page 11)
478
BE IT FURTHER RESOLVED that the Clerk of the Board is directed
to convey certified copies of this resolution to the members of the
General Assembly representing Albemarle County.
Agenda Item No. 14. Public Hearing: An Ordinance to Amend and Reenact
Section 2.1-4, Chapter 2.1 of the Albemarle County Code creating the Jacobs
Run Agricultural/Forestal District. (Advertised in the Daily Progress on
December 22 and 29, 1987).
Mr. Home said there was some question about when this district would be
first reviewed. The applicants had requested that eight years pass before the
district was reviewed; the Planning Commission and staff recommended six
years. The Board chose to follow the recommendation of the staff and Planning
Commission. Under State law, Mr. Horne continued, the applicants must be
notified and a public hearing held if the Board amends an agricultural/
forestal district.
Mr. Way opened the public hearing. Since there was no one present who
wished to address this matter, Mr. Way closed the public hearing and placed
the matter before the Board.
Motion was offered by Mr. Lindstrom and seconded by Mr. Bowie to adopt
the following ordinance.
BE IT ORDAINED by the Board of Supervisors of Albemarle County,
Virginia, that Section 2.1-4 of the Code of Albemarle be, and the
same hereby is, amended by the addition'of a subsection (i) to be
known as the "Jacobs Run Agricultural/Forestal District," as follows:
(i) The district known as the "Jacobs Run Agricultural and
Forestal District" consists of the foll6wing described properties:
Tax Map 18, parcels 40, 40F; Tax Map 19, parcels 25, 25A; Tax Map 20,
parcel 7A; Tax Map 31, parcels 16, 16B, 44C, 45 (part), 45B, 45C.
This district shall be reviewed no more than six years from the date
of its creation on January 6, 1988.
There was no further discussion. Roll was called and the motion carried
by the following recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
Agenda Item No. 15. SP-87-96. Dunlora Development. Request in accor-
dance with Section 30.3.5.2.2 of the Zoning Ordinance for a special use permit
to allow the installation of fill and a culvert in the floodway fringe of the
Rivanna River. Property, described as Tax Map 62, Parcels 16 and 16B, is
located on the east side of Rio Road approximately 2000 feet north of inter-
section with Pen Park Road (Rt. 768). ZonedR-4, Residential. Rivanna
Magisterial District. (Advertised in the Daily Progress on December 22 and
December 29, 1987.)
Mr. Home presented the following staff report:
"Character of the Area: These parcels and the residue parcels of
Dunlora (John B. Moon Estate) are undeveloped R-4, Residential.
Large undeveloped parcels are also adjacent to the west, and Pen Park
and River Run residential developments are adjacent to the south.
This special use permit is sought to con:struct the road proposed with
Dunlora Preliminary Plat, a proposed subdivision of 275 single family
lots of a 0.38 acre average lot size.
Town Brook, a tributary of the Rivanna River bisects the property,
and is crossed by any access from the rear property to a state road,
Rio Road.
History: SP-85-95, John B. Moon, was approved by the Board of
Supervisors on February 19, 1986, to permit minor grading for a
private road proposed with Dunlora Preliminary Plat approved by the
479
January 6, 1988 (Regular Night Meeting)
(Page 12)
Planning Commission in July, 1985. This plat created six lots
revised to five lots, with an average 92-acre lot size, served by the
existing Dunlora Road.
Staff Comment
A recently enacted regulation, the Wetlands Act, may be applicable to
the proposed fill for road construction. The applicant has contacted
the Army Corps of Engineers, who have indicated that they will visit
the site prior to the Planning Commission meeting for this petition
to determine if a 404 permit is required. If applicable, issuance of
this permit will be a condition of this special use permit.
In accordance with staff comments, the preliminary plat was revised
to shift the main collector road further west to a location further
to the edge of the flood plain. Agency comments are as follows:
Virginia Department of Transportation stated that they have no
comments on the special use permit at this time. The traffic
study, presently under review by the County Engineering Depart-
ment will address the road design standard.
The County Engineering Department comments: 'The road location
chosen is one which was recommended by Engineering staff in order to
minimize the impact on the flood plain. The location is on the outer
edge of the flood plain fringe and should not impede~ any floodway
flow within the Rivanna. The proposed roadway will,be placed at an
elevation above the one hundred year flood plain so access to the
development should not be restricted.' ~
This stream is not canoeable or otherwise of public interest. Staff
recommends approval subject to the following:
Road development in general accordance with the Dunlora Prelimi-
nary Plat by Robert B. McKee and Associates dated October 1987,
and with modification as may be required by Virginia Department
of Transportation standards;
2. Compliance with the Wetlands Act, if applicable;
County Engineer approval of construction activity in the flood
plain in accordance with Section 30.3 Flood Hazard Overlay
District."
Mr. Home said the staff deleted No. 2 from. its recommended set of
conditions, because the Wetlands Act was not applicable. 'He said the Planning
Commission heard this request on December 15, 1987, and unanimously recom-
mended approval with the two conditions.
Mr. Way opened the public hearing and asked the applicant, Mr. Bob McKee,
if he would like to speak to his application. Mr. Perkins asked Mr. McKee how
big the culvert pipe would be. Mr. McKee said the size of the culvert had not
been decided yet. ~
Ms. Tamara Vance, of the Piedmont Environmental Council, asked Mr. Home
why the Wetlands Act did not apply to this application. Mr. Home said the
Army Corps of Engineers visited the site and decided, as Che responsible
federal agency, that the Wetlands Act did not apply to th~ Dunlora Develop-
ment. ~
Since no one else wished to address this issue, Mr. ~y closed the public
hearing and placed the matter before the Board.
Motion was offered by Mr. Lindstrom and seconded by Mr. Bowie to approve
SP-87-96 with the two conditions recommended by the Planning Commission.
There was no further discussion. Roll was called and the motion carried by
the following recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
January 6, 1988 (Regular Night Me~ing)
(Page 13)
480
(Note: The conditions of approval are as follows:
Road development in general accordance with the Dunlora Preliminary
Plat by Robert B. McKee and Associates dated October 1987, and with
modification as may be required by the Virginia Department of
Transportation standards;
County engineer approval of construction activity in the flood plain
in accordance with Section 30.3, Flood Hazard Overlay District.)
Agenda Item No. 16. The Lickinghole Creek Impoundment Report. Mr. Way
announced that this item had be~n deleted from the agenda. The report will be
heard on January 13, 1988.
Agenda Item No. 17. Consent Agenda. Motion was offered by Mr. Lindstrom
and seconded by M. Bain to approve 17.5 and accept 17.1, 17.2, 17.3 and 17.4
of the Consent Agenda as information. There was no further discussion. Roll
was called and the motion carried by the following recorded votes;
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
Item 17.1. Letter from Department of Transportation dated December 14,
1987, noting that State Farm Boulevard had b~en taken into the State Secondary
System of Highways; was received as follows:
"As requested in your resolution dated October 21, 1987, the follow-
ing addition to the Secondary System of Albemarle County is hereby
approved, effective December 14, 1987.
ADDITION LENGTH
PANTOPS
Route 1117 (State Farm Boulevard) - From Route
250 to 0.52 mile Southwest Route 250
0.52 Mi."
Item 17.2. Arbor Crest Apartments Monthly Bond Report for November,
1987; received as information.
Item 17.3. A copy of the Planning Commission minutes for December 8,
1987, was received as information.
Item 17.4. Copy of "Employment and Wages in Virginia, 4th QUarter, 1986"
as prepared by the Virginia Employment CommisSion, Economic Information
Services Division; received as information.
Item 17.5. Request to take roads in Ivy:Oaks Subdivision into the State
Secondary System of Highways was received from Craig Builders of Albemarle,
Inc. The following resolution was adopted bythe vote set out above:
BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia, that the Virginia Department of Highways and Transportation
be and is hereby requested to accept int6 the Secondary System of
Highways, subject to final inspection and approval by the Resident
Highway Department, the following roads in the Ivy Oaks Subdivision:
Willow Oak Circle
Beginning at station 10+09, a point common to the centerline of
Willow Oak Circle and the edge of pavement of State Route 678,
481
January 6, 1988 (Regular Night Meeting)
(Page 14)
thence in a northeasterly direction 801.28 feet to station
18+10.28, the end of the cul-de-sac.
Gray Fox Trail
Beginning at station 10+09, a point common to the centerline of
Gray Fox Trail and the edge of pavement of State Route 676,
thence in a southerly direction 1,434.26 feet to station
24+43.26, the end of the cul-de-sac.
Gray Fox Spur
Beginning at station 10+10, a point common to the centerline of
Gray Fox Spur and the edge of pavement of Gray Fox Trail, thence
in a westerly direction 461.37 feet to station 14+71.37, the end
of the cul-de-sac.
Old Oaks Drive
Beginning at station 10+09, a point common to the centerline of
Old Oaks Drive and the edge of pavement of State Route 676,
thence in a southeasterly direction 1,351.44 feet to station
23+60.44, the end of the cul-de-sac.
BE IT FURTHER RESOLVED that the Virginia Department of Highways
and Transportation be and is hereby guaranteed a 40 foot unobstructed
right-of-way and drainage easement along these requested additions as
recorded by plats in the Office of the Clerk of the Circuit Court of
Albemarle County, as set out below:
Willow Oak Circle: Deed Book 809, page 748, Dead Book 818, pages
86, 93 and 96, Deed Book 898, page 222, Deed Book 889, page 506,
Deed Book 912, page 18, Deed Book 949, page 119, Deed Book 957,
page 501, Deed Book 962, page 644, Deed Book 974, pages 78 and
443.
Gray Fox Trail: Deed Book 809, page 748, Deed Book 818, pages
86, 93 and 96, Deed Book 835, page 728, Deed Book 844, page 401,
Deed Book 847, page 357, Deed Book 855, page 717 and Deed Book
983, page 555.
Gray Fox Spur: Deed Book 809, page 748, Deed Bo~k 818, pages 86,
93 and 96, and Deed Book 847, page 357.
Old Oaks Drive: Deed Book 809, page 748, Deed Book 818, pages 86,
93 and 96, Deed Book 885, page 237, Deed Book 8B8, pages 169 and
180, and Deed Book 891, page 179.
Agenda Item No. 18. Approval of Minutes: July 16, 1986; July 8 and
August 19, 1987. ~
Mrs. Cooke said she had read the minutes for July 165 1986, and found
them satisfactory. Mr. Bowie said he had read the minutes for August 19,
1987, and recommended their approval. Mr. Lindstrom said-he had read from
Item 10 on page 17 to the end of the minutes for July 8, ~987, and found them
satisfactory.
Motion was offered by Mr. Bowie and seconded by Mr. Lindstrom to approve
the minutes as read. There was no further discussion. Role was called and
the motion carried by the following recorded vote:
AYES: Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom and Way.
NAYS: None.
ABSTAINING: Messrs. Bain and Perkins.
Agenda Item No. 19. Other Matters Not Listed on the ~genda from the
Public and Board Members.
January 6, 1988 (Regular Night Meeting)
(Page 15)
482
Mr. Lindstrom said he received a letter concerning the City/County
investigation of alternative methods of solid waste disposal. The writer of
the letter recommended source separation recycling as an option. Mr.
Lindstrom gave a copy of the letter to Mr. Agnor.
Mr. Bowie said he received this letter and wanted to know, if the infor
mation was correct, why source separation recycling was not being considered.
Mr. Agnor said he had referred the letter to Mr. Armm, County Engineer, who
had already sent an answer. Basically, Mr. Agnor said, source separation
recycling was considered, but under a different name.
Agenda Item No. 20. Adjourn. At 9:15 P.M., motion was offered by Mr.
Lindstrom and seconded by Mr. Bowie to adjourn. Roll was called and the
motion carried by the following recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and
NAYS: None.
483