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1978-09-27September 27, 1978 (Adjourned Meeting) . An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on September 27, 1978, beginning at 2:00 P.M. in the Board Room of the County Office Building, Charlottesville, Virginia; said meeting being adjourned from September 20, 1978. Present: J;.T,Henley, Jr. Roudabush. Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher (Arriving at 2:42 P.M.), ~ (Arriving at 2:40 P.M.), F. Anthony Iachetta, C. Timothy Lindstrom, and W. S. Officers present: County Executive, Guy B. Agnor, Jr. (Arriving at 2:45 P.M~, County Attorney, George R. St. John (Arriving at 3:00 P.M.), and Director of Planning, Robert W. Tucker, Jr. Agenda Item No. 1. The meeting was called to order at 2:~03 P.M. by Dr. Iachetta acting as Chairman during Mr. Fisher's absence. Mr. Fisher, Mr. Henley and Mr. Agnor were attending ground breaking ceremonies at The Meadows project in Crozet. Agenda Item No. 2. To amend the Albemarle County Zoning Ordinance to provide for Ptann~d Industrial District (PID) designation. (Deferred from September 20, 1978.) Mr. Tucker handed to the Board members a copy of performance standards drafted at their request at the September 20th meeting. These standards which are set out in more detail than those previously included in the ordinance would replace Sections 20-4 of the ordinance as set out in the minutes of September 6, 1978. After being reviewed, these~standards were agree ~o by consensus of those members present. SUGGESTED AMENDMENT TO PID PERFORMANCE STANDARDS 20-4 PERFORMANCE STANDARDS No use shall hereafter be established or conducted in any PID zone in any manner in violation of the following standards of performance. 20-4-1 Noise Ail sources of noise (except those not under direct control of occupant of use, such as vehicles), must not create sound or impact noise levels in excess of the values specified below when measured at the points indicated. In addition, before 7:00 A.M. and after 7:00 P.M. the permissible sound levels at an agricultural or residential district boundary where adjoining Planned Industrial Districts shall be reduced by 5 decibels in each octave band and in the overall band for impact noises. Method of Measurement and Meaning of Terms: Noise shall be measured by means of a sound level meter and octave band analyzer, calibrated in decibels (re 0.0002 micro- bar) and shall be measured at the nearest lot line from which the noise level radiates. Impact noises shall be measured by means of an impact noise analyzer. Impact noises are those whose peak values fluctuate more than 6 decibels from the steady values indicated on the sound level meter set at fast response. "Decibel" means a prescribed interval of sound frequencies which classifies sound according to its pitch. "Octave band" means a prescribed interval of sound frequencies which classifies sound according to its pitch. "Preferred frequency octave bands" means a standardized series of octave bands prescribed by the American Standards Association in S1.6-1960 Preferred Frequencies for Acoustical Measurements. "Sound level meter" means an electronic instrument which includes a microphone, an amplifier and an output meter which measure a noise and sound pressure levels in a specified manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands. Maximum Permitted Sound Levels (decibels) Preferred Frequency Octave Bands Location of Measurement Octave band, cycles/second At residential district boundaries At other lot lines within district 20-4-2 31.5 62 70 63 64 72 125 60 70 5O9 48 59 1000 42 55 2000 38 51 4000 34 47 8000 30 44 Over-all for impact noise 80 90 Vib rat ion The produce of displacement in inches times the frequency in cycles per second of ear~hborne vibrations from any activity shall not exceed the values specified below when measured at the points indicated. Method o£ measurement and meaning of terms: Earthborne vibrations shall be measured S~ptember 27, 1978 (Adjourned Meeting) three mutually perpendicular direct&'ons. The displacement sh~ll be the maximum instantaneous vector sum of the amplitude in the three directions. "Vibrations" means the periodic displacement of oscillation of the earth. Area of Measurement Type of Vib rat ion At residential district boundaries lot lines Wit'hfn 'di'st ric t Continuous .003 .015 Impulsive (100 per minute or less) .006 .030 Less.than 8 pulses per 24 hours .015 0.75 20-4-3 Gl'are No direct or sky-re£1ected glare, whether from flood lights or from high-temperature processes such as combustion, welding or otherwise so as to be visible beyond the lot line, shall be permitted except for signs, parking lot lighting and other light- ing permitted by this ordinance or required by any other applicable regulation, ordinance or law. However, in the case of any operation which would affect adversel~ the navigation or control of aircraft the current regulations of the Federal Aviatioz Administration shall apply. 20-4-4 Air Pollution Rules of the State Air Pollution Control Board shall apply within Albemarle County. Such rules and regulations include coverage of: emission of smoke and other visible emissions from stationary sources; particulate matter; odor; particulate emission from indirect heating furnaces; open burning; incinerators; and gaseous pollutants. 20-4-5 Water Pollution Rules Of the State Water Control Board shall apply within Albemarle County. 20-4-6 Radioactivity There shall be no radioactivity emission which would be dangerous to the health and :safety of persons on or beyond the premises where such radioactive materials is used. Determination of existence of such danger and the handling of radioactive materials, the discharge of such materials into the atmosphere and streams and other water, and the disposal of radioactive wastes shall be by reference to and in accordance with applicable current regulations of the Atomic Energy Commission, and in the case of items which would affect aircraft navigation or the control thereof, by applicable current regulations of the Federal Aviation Administration, and any applicable laws enacted by the General Assembly of the Commonwealth of Virginia or the requirements of the Virginia Air Pollution Act, whichever is greater. 20-4-7 Electrical Interference There shall be no electrical distnrbance emanating from any lot which would adversel~ affect the operation of any equipment on any other lot or premises and in the case of any operation which would affect adversely the navigation or control of aircraft the current regulations of the Federal Aviation Administration shall apply. The Board next discussed minimum acreage requirements for such a designation. When Messrs. Fisher', Henley and Agnor arrived, Mr. Lindstrom explained that the members present had essentially agreed that 50 acres should be the minimum acreage requirement with one use for each 10 acreas. This is an attempt to discourage the use of a PID for small uses which might be better suited to the miscellaneous M-1 districts. Mr. Roudabush felt it would be better to substitute the following wording for the first sentence in Section 20~1: "The number of permitted uses shall not exceed the total number of. acres within the PID, divided by ten." The Board members who had just arrived agreed that 50 acres was a reasonable concensus on the acreage requirement. Mr. Fishe? said the main point of discussion at the last meeting was whether to restrict the uses in a PID through the special permit procedure as opposed to leaving b~oad uses with restrictions being placed through the performance standards. He said a~.lot of the ordinance provisions will come from that decision. The Board members felt it would be best to set out exactly the uses which would be allowed in a PID district and through consensus agreed to the following words which would replace Section 20-3 as originally shown in the minutes of September 6th. 20-3 USES PERMITTED 20-3-1 In the preliminary plan, land may be shown for any of the followin~ categories, provided the performance standards of Section 20-4 can be met. (a) CATEGORY I shall consist of uses as permitted below. Uses permitted by..right: Accessory uses and structures as defined; ~_ejp_~r 2_7~9_~_[~ourned Meeting~ 438 Assembly and fibrication of light aircraft from component parts manufactured off-site; Assembly of electrical appliances, electronic instruments and devices, radios, and phonographs. Also the manufacture of small parts, such as coils, conden- sers, transformers, and crystal holders; Boat building; Cabinets and furniture manufacturing; Cafeterias and dining rooms serving employees of the on-site facility, visitin customers and other owner authorized visitors,~but not the general public; Condominiums with site plan approval; Construction facilities, temporary, in accordance with Article 16-21; Engineering, engineering design, assembly, and fabrication of machinery and components, including such on-site accessory uses as machining, babbitting, welding and sheet metal work employing machinery not exceeding 15 horsepower per unit and excluding such mses as drop hammering and foundry; Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharma- ceuticals, perfumed toilet soap, toiletries and food prodmcts; Manufacture of musical instruments, toy~, novelties, and rubber and metal stamps; Manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electrical or gas; Monumental stone works; Off-street parking as required by the ordinance; Printing shops; Product~sales areas for employees only, limited to four thousand-(4,000) squar~ fe~t; Public Utilities: Poles, lines, transformers, pipes, meters, and related or similar facilities; water and sewerage dlstribu~ion lines; Public Utilities: Unmanned telephone exchange centers; Recreation service uses of a non-commercial nature, limited to those for use of employees whose work is done within the PID zone; Research and development establishments; Research and technical manufacturing and the processing, fabrication, assembly and distribution of products ~uch as computers, scientific instruments, com- munication and electronic equipment confined to "light" industrial products or components; Signs, provided that such signs, if il!uminated, shall have no moving, inter- mittent or flashing display and shall contain no colored illumination; and shali be indirectly lighted~ Technical eduction. Uses permitted by special use permit: Airportsaand helistops; Manufacture and finishing of modular units made from pre-stressed concrete or wood and designed for use as components in the construction of residences, office buildings, shops, stores, and other structures ~esigned for human occupancy; Petroleum ~torage; Public Utilities: Office, equipment storage, dispatch centers and warehouse facilities; Public Utilities: Oil and gas transmission pipelines and pumping stations, microwave and radio wave transmission and relay towers and substations; Public Utilities: Public water and sewer transmissions; main or trunk lines and treatment facilities, and pumping stations, electrical power transmissions and distribution substations and transmission lines and towers; Truck terminals; Warehousing facilities; Welding operations. September 27, 1978 (Adjourned Meeting) (b) CATEGORY II shall consist of uses as permitted below. Uses permitted by right: Ail uses permitted by right in CATEGORY I; Blacksmith shops, welding mr machine ~hops, including punch presses exceeding forty (40) ton rated capacity and drop hammers; Boiler shops. Uses permitted by special use permit: Acid manufacture; All uses permitted by special use permit in CATEGORY I; Automobile manufacture and assembly; Battery manufacture. CATEGORY OS shall consist of open space as defined by Section 16-65..1 of this ordinance, iOpen space shall consist of not less than ten (10) percent of the area included.in the preliminary plan. In the planning Category OS, special consideration should be given to the preservation of existing wooded areas in a natural state. At the conclusion of this discussion, the Board proceeded to make several other changes as follows: Sec2ion 20-2-1, change acreage to 50 and add at end of that sentence "as provided in section 20-2-3(d). Section 20-2-3(a)(1) change beginning of sentence to read: The name and address of the owner and the individual .... General information includin 2ection 20-2-3(b), strike the words: wheel, etc.) from that paragraph. (van; single-axle, dual-wheel; dual-axle, dual- Under Section 20-2-3, add a section (d) as follows: (d) A report identifying all property owners within the area of th~ proposed dis- trict and giving evidence of unified control of its entire area. The report shall s. tate agreement of all present property owners: (1) To proceed with the proposed development according to regulations existing when the map amendment creating the PID .district is passed, with such modifications as are set by the Board of Supervisors and agreed to by the applicant at the time of amendment; (2) To provide bonds, dedications, guarantees, agreements, contracts, and deed restrictions acceptable to the Board of Supervisors for completion of such development according to approved plans, and for continuing operation and maintenance of such areas, facilities and functions as are not to be provided, operated or maintained at genera/ public expense; and such dedications, contributions, or guarantees as are required for provision of needed public facilities or services; and (3) To bind their successors in title to any commitments made under (1) or (2) above by recordation of appropriate instruments after approval of Dhe application. Ail such instruments shall be reviewed and approved by ~'he County Attorney prior to recordation. Under Section 20-4-6, of Energy." change BA~omic'~.En~gy!COmmiss~,~o~,'Departmen~ Section 20-4-8, (handed out today) change the words "qualified engineer" to ~eertified engineer!'. Section 20-7-1, last sentence, change beginning to read: limitations .... "More stringent" height section 20-10-1, add at end of sentence: "unless otherwise provided in Article 20." With the above mentioned changes, motion was offered by Dr. Iachetta, seconded by Mr. Lindstrom, for the~Board to prepare a final draft of the ordinance~, for the Board's adoption on October llth. The motion carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. NAYS: None. *On the first line of the chart~,~nder Section 20-~-1, change "62" to "64" and "70" to' "72~!. Mr. Dorrier left the meeting at 4:55 P.M. September 27, 1978 (Adjourned Meeting) 408 Agenda Item No. 3. Other matters not on the agenda. Mr. Fisher noted receipt of a notice from the State Corporation Commission that Nancy H. Nagle had applied for a license as a broker of passenger transportation by aircraft from all points in Virginia, except the Cities af Chesapeake. Hampton, Newport News, Norfolk, Portsm¢ and Virginia Beach and the Counties of Accomack and Northampton to all points in Virginia and return. A public hearing on this application will be held on October 12~ 1978, at 10:00 A.M., in the Blanton Building, Richmond, Virginia. Mr. Fisher noted receipt of a notice from the State Corporation Commission that Virginia Stage Lines, Inc. and Quick-Livick, Inc. have applied to transfer a portion of a Certificate of Public Convenience and Necessity as a common carrier of passengers, baggage, mail, light express and newspapers.~by motor vehicle. A public hearing on this ~pplication will be held on October 12, 1978, at 2:00 P.M. in the Blanton Building, Richmond, Virginia. Mr. Fisher reminded the Board that the~ will be a meeting with City Council on October 5th to dismuss plans for renovation of th~ post office building into a library. Mr. Agnor said he had received a letter from Elly DeRosa, Extension Agent, stating that October 1 throug~October 7 is National 4-H Week. She asked for a resolution from the Board proclaiming the week mentioned as 47H Week. Motion to adopt the following resolution was offered by Mr. Roudabush: WHEREAS, the week of October 1 through October 7, 1978, has been declared National 4-H Week; and WHEREAS, t'his Board is happy and proud to join in the endorsement of President Carter's proclamation congratulatinE~all 4-H Club members; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that this body extend to all 4-H Club members its sincere good wishes and support for a continuing program in the development of young men and women into useful and involved citizens and in their goal "TO MAKE THE BEST BETTER". The foregoing motion was seconded by Dr. Iachetta and carried by the following recorded ~ote: AYES: Messrs~ Fisher, Henley, Iachetta, Lindstrom and R~m~a~ah. NAYS: None. ABSENT: Mr. Dorrier. At 5:20 P.M., motion was offered by Dr. Iachetta and seconded by Mr. Henley to adjourn this meeting. The motion carried by the following recorded ~ote: AYES: Messrs. Fisher, Henley, Iachetta, Lindstrom and Roudabush. NAYS: None ABSENT: Mr. Dorrier. Ch a~m~ah