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1976-02-11NFebruary 11, 1976 (Regular, Night Meeting) 71 A r~gular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on February 11, 1976,at 7:30 P.M., in the Albemarle County Courthouse, Charlottesville, ~i~inia. PRESENT: Mrs. Opal D. David and Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, J.T. Henley, Jr., F. Anthony Iachetta.and W.S. Roudabush. OFFICERS PRESENT: Messrs. J. Harvey Bailey, County Executive; George R. St. John, County Attorney; Robert Tucker, County Planner; Ray B. Jones, Director of Finance; and Hartwell Clarke, Zoning Administrator. Meeting was called to order at 7:35 P.M., by the Chairman, Mr. Gerald E. Fisher. No. 1. SP-546, Ann Alexander, request to locate a mobile home on 12 acres zoned A-1. Property located on west side of Route 708, approximately 1800 feet from intersection of Routes 708 and 637. County Tax Map 73, Parcel 36B, Samuel Miller and Ivy Districts. (Advertised in the Daily Progress on January 6 and January 13, 1976). Mr. Robert Tucker stated the Planning Commission had deferred action on this request in order to allow time for Commission members to view the property site. Motion to defer action until February 25, 1976, was offered by Dr. Iachetta, seconded by Mr. Roudabush, and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 2. SP-547, Louise Marshall request to locate a mobile home on 15 acres zoned A- l. Property located on south side of Route 637 west of intersection of Routes 708 and 637. County Tax Map 73, Parcel 36C, Samuel Miller and Ivy Districts. (Advertised in the Daily Progress on January 6 and January 13, 1976). Mr. Robert Tucker stated the Planning Commission had deferred action on this request in order to allow time for Commission members to view the property site. Motion to defer action until February 25, 1976, was offered by Mr. Roudabush, seconded by Dr. Iachetta, and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 3. Industrial Development Authority of Albemarle County (Public Hearing deferred from December 30, 1975). Mr. Fisher stated that a committee of City and County officials had been appointed, members being: Messrs. F. 'A. Iachetta, W. S. Roudabush and Ray B. Jones for Albemarle County, and Messrs. George Gilliam, Francis Fife, and Roger W±~ley for the City of Charlottesville. Dr. Iachetta reported on the Committee discussions to date. He said one of the decisions made at the initial meeting was to possibly hold a joint public meeting and invite officials from municipalities who presently have such an authority to report on the effectiveness of their operation. He added that no'date for the public meeting has been set. Mr~-~Roudahush~id the committee hoped to move forward rapidly. Mr. Jones said they are also trying to have investment and bond counsel available for the proposed public meeting. Mr. Fisher opened the public hearing. Mrs. Frances Martin of Citizens for Albemarle, read the following statement: "At first glance, we felt that an Industrial Bonding Authority would be a useful tool to implement the Master Plan by encouraging industrial development in the right location at the right time. If a bonding authority, in granting loans, could be required to follow certain guidelines relating to minority hiring, the County Land Use Plan, pollution control, and provision of employment for those now resident but unemployed, we would favor the establishment of such an authority. However, further investigation has brought to lightJbhe following considerations: The Supervisors can set up guidelines, but they will not be binding on the authority. The authority can set up its own guidelines, but they will not necessarily support the plans or goals of the community as a whole. In fact, the authority would have the power to nullify community planning by the impact of its decisions on economics and land use. Unless the guidelines are clear cut and specific, denial of bonding of any industry that applies could be overturned in court as discriminatory. There is no existing data to provide a profile of the local unemployed. We do not know how many there are nor what skills they possess nor what type of industry would be willing to employ them. Because these bonds are tax-exempt, the Federal Government loses a significant amount of revenue by such means nation-wide. What will the individual taxpayers of Albemarle County gain to compensate them for the increase in their share of federal taxes? Industry has often been proposed as a means of enlarging the local tax base, but we have heard one tax expert suggest that industry in Albemarle County is lightly assessed, thus shifting a heavier burden on landowners. Industrial expansion generally does require expansion of public facilities, and before the Board sets up a bonding authority, we would like to see a study made to determine how assessment of industrial property in Albemarle County compares with that in other areas of the Commonwealth. In view of the above considerations, Citizens for Albemarle cannot endorse the establishment of an industrial bonding authority. However, if the Supervisors decide that the public interest would be best served by the establishment of an authority, we urge the following procedures: F~b~U&~ 11, 1976 (Regular, Night Meeting) ~economic, social and environmental goals of the County. The Board should make every effort to appoint to the authority individuals representing a balanced cross section of the community so that industrial promotion will.not serve special interests at the expense of the County as a whole. The Board should require the authority to determine the composition of the local unemployed population, including their willingness and capacity to be employed by ne-w industry, before any bonds are issued. At this point no one can foresee what impact such an authority would have On Albemarle County, whether large or small. It is just this uncertainty which causes us to question whether we want another independent agency of such unknown potential largely beyond public control." No one else from the public wished to speak at this time. Mr. Fisher asked for a- to continue the public hearing ~o? the earilest possible date to coincide with the .gs of the City/County Committee. Motio~ was then offered by Dr. Iachetta, seconded Mr. Roudabush, to continue the PUblic hearing until 7:30 P.M., on March 3, 1976. Roll called, and motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs.' Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 4. SP-468, James Armstrong (deferred from January 14, 1976). Mr. Dottier stated he planned to abstain from discussion and action on this request, as in the past he had acted as counsel for Mr. Armstrong. Mr. Fisher said that on. January 14, 1976, the public hearing was closed. Mr. Robert Tucker said that on a site plan submitted by the applicant (as requested at the February 10, 1976, meeting), it[indicates'~3~.~automobiles being located on the property. Upon staff review, no provisions for ingress and egress or screening were provided. L r~The staff suggests screening in the form of trees or shrubbery at least £our feet in height, two entrances of 20 foot width with railroad ties on sides to mark entrances, and no more than 20 on-site parking spaces. Mr. Roudabush said he felt the Planning Staff's recommendations were much more realistic than those submitted by the applicant, especially as far as number of parking spaces on the property. He then asked for approximate completion of p~.esent~construction on the building. Mr. Jack Camblos, attorney for Mr. Armstrong, said Mr. Armstrong was doing the constructi~ himself and hoped to have the work completed within a few months. Mr. Armstrong then ind.icated the septic tank and drainfie!d were located in the extreme southwest corner of the property. Mr. Roudabush then offered motion to amend the conditions on this Special Permit to include the following: Parking spaces to be limited to spaces numbered 1,2,3,11,12,13,14,18,19 and 20 as shown on site plan (copy on permanent record in file of Clerk to the Board of Supervisors). A board fence be erected to provide screening, excluding the triangular piece of land located to the north of the rectangular area. The fence to commence at a point 58 feet from the northernmost, rear portion of 'the property, extending to the front line of the property; across the front of the property except for those 20 foot spaces indicated as entrance and exit points. Minimum fence height to be eight feet. Ail vehicles left in Mr. Armstrong's care, be limited to the site itself~ none to be located on abutting railroad or public right-of-way. Hours of operation be limited to 7:30 A.M. to 7:30 P.M., six days a week, except during a period of emergency. Ail other previously imposed conditions remain in effect. Mr. St. John asked Mr. Roudabush for a more specific description of a board fence. · Camblos said he felt Mr. Roudabush meant a screening fence. Mr. Roudabush agreed, not necessarily made of wood, but some type fencing to screen the area from site without blocking air flow. Motion was seconded by Mr. Henley. Mr. Fishe~ asked the applicant if he was satisfied with these new conditions, and if approved by the Board, would he accept them as the permanent conditions for his use of tha'~property. Mr. Armstrong said the conditions proposed are arbitrary, ~:napricious, and unacceptable. His main objection was the number and location of parking spaces allowed. Mr. Fisher asked Mr. St. John if it were within the powers of the Board to set as a condition the location and number of parking spaces allowed as part of a special permit. Mr. St. John said the court order did not preclude setting conditions on anything reasonable such as screening or a reasonable number of cars. Mr. Roudabush then offered to amend his motion to provide for screening on lines designated on plat as running south 6° east, 172.2 feet; the front boundary of the property which is shown ~as 6°, 34 minutes, 47 seconds northeast, 167.63 feet; land running northeast 8~ 17 minutes, 50 seconds east, 140.72 feet; that those three forces be screened by the type of fencing previously mentioned. That two openings of 20 feet each be allowed in the front of that screening, and that parking be limited to the site itself, consisting of .39~ acres, with no specific parking locations required. ~ ~fter considerable discussion as to the acceptability of this amended condition, Dr. Iachetta said he did not feel the applicant was willing to accept any conditions set by the Board, and added that he could not himself support the motion presently before the Board as he had no evidence it would be adhered~.[[~o. Mr. Roudabush said he was willing to offer another substitute motion to defer action for a maximum of thirty days, until such time as the applicant submits a site~plan outlining his objectives of what he would like to have approved and that this site plan be reviewed by the Planning staff and the Fire Marshal. and an~ other departments involved in the ~ublic safety aspects of the site plan. FebrUary 11, 1976 (Regular, Night Meeting) AYES: Mrs. David and Messrs. Fisher, Henley, Iachetta and Roudabush. NAYS: None. ABSTAIN: Mr. Dorrier. No. 5. Public Hearing to consider amending Sections 5-2, 7-1, 7-2, 7-3, 7-7, 8-2 and 8-3 of the Albemarle County Soil Erosion and Sed~nentation Control Ordinance concerning Approval required for certain activities and conditions$ Review of plans and specifications~ and Inspections. (Advertised in the Daily Progress on January 28, and February 4, 1976). Mr. Hartwell Clarke reviewed the proposed amendments, as previously discussed at the Board of Supervisors' meeting of January 15, 1976. (The proposed amendments are shown in full in the minutes of the January 15, 1976 meeting.) Dr. Iachetta asked if the broad powers given the Zoning Administrator in proposed Section 8-3 were legal. Mr. St. John said he felt the powers were legally those of the Zoning Administrator, and that the wording used in Section 8-3 is standard language used when it is not possible to lay out objective standards. Mr. Roudabush asked if the Zoning Administrator could use a bond~.~ which had been posted by a~property owner, to bring this property owner into compliance with the~ordinance. Mr. St. John said it would require proper notice to the property owner, but using the bond would be within his powers. Mrs. Francis Martin, representing Citizens for Albemarle, said the organization was in favor of the proposed amendments. ,Pr~sently~ enforcement is much too time consuming.~t~ N~ one else from the public wished to speak either for or against the proposed amendments, and Mr. Fisher closed the public hearing. Motion was offered by Dr. Iachetta, seconded by Mr. Dorrier, to amen~ the Albemarle County Soil Erosion and Sed~nentation Control Ordinance in sections mentioned above and as set out in full on pages 470-471 of Minute Board 13, for meeting held on January 15, 1976. Rol'l was called, and motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 6. Restricted Road, Mary White Estate (deferred from December 18, 1975). Mr. Robert Tucker reviewed previous conditions and discussions regarding this restricted road, and then read the following memorandum to the Board: "January 7, 1976 Memo to:Miss Lettie E. Neher From: Mr. J. Ashley Williams Re: Mary White Estate - Broom!ey Road Improvements On January 6, 1976, Aubrey Huffman and I met to discuss some improvements to Broomley Road to make it safer for traffic due to the increased usage from the White Estate development. In looking at this road on site, Mr. Huffman and I felt that widening of the road surface would be the most reasonable improvement rather than making any attempt to bring the road up to State Highway Standards. The road surface widening'is suggested to be 20 feet to conform with the typical section for Class "A" roads in the county that would be acceptable to Highway Standards for Albemarle County Subdivision Roads. With all the widening proposed on the west side of Broomley Road, the estimated costs of improvements are as follows: Engineer's Estimate - Improvements To Broomley Road $ 500.00 Clearing and Grubbing Excavation - Embankment & final grading approximately 25OO C.Y. ~ $1.50/C.Y. 3. Surface - 6" base with prime and double seal 2700' length X 8' wide (Ave.) = 2400 S.Y. ~ $3.50/S.Y. 8,400.00 4. Misc. - Seeding and drainage items 350.00 TOTAL 3,750.00 $13,000.00 There is an additional expense of relocating the power poles on the road that has not been figured into the improvement costs." Mr. James C. Murray, Jr., representing the Mary White Estate, reviewed for the new members of the Board the history of Broomley Road. He then discussed the memorandum written by Mr. J. Ashley Williams, indicating cost estimates to bring ~Broomley Road up to an acceptable safety standard. He said that $13,000 was a large burden on the property owners, but they are willing to spend that sum if the Board approves the proposed subdivision. Mr. Murray then said a homeowners association agreement was being readied for submission to the County Attorney's office which would provide for maintenance of the internal road system. He noted, however, that it would be impossible to expect a 13'lot subdivision to maintain all of Broomley Road, which extends for .8 mile through another subdivision (benefiting almost ~800 acres of that other subdivision). He said it was legally impossible to enter into an agreement with residents of R~rdon Subdivision, as they had no homeowners association. He did note, however, that Broomley Road is presently very well maintained by funds collected through an Ad Hoc Committee made up of Flordon property owners. Mr. Murray said there would be a provision in the Statement of Subdivision for White Estate property owners, authorizing assessment of the members of the homeowners association for the expenses of maintaining Broomley Road in conjunction with the Flordon lot owners; however, they would not be bound to this legally. Mr. Fisher said he had one concern. ~he existing road does not lie wholly within the existing right-of-way as platted. Mr. Murray said there has been a great deal of confusion regarding the exact location of the right-of-way, and he felt the only way to finally clarify this would be to conduct a thorough survey. Mr. Aubrey Huffman, engineer for the White Estate, reviewed the situation, and felt the road as it now lies, is either on the old right-of-way or on ~ ~ ~h~-nf-w~ ~ ~ ~ ~ e~ ~ ~ ~ e~ ~ ~ ?n~ ~ ~ ~ ,~ February 11, 1976 (Regular, Night Meeting) sufficient area to bring Broomley Road up to State Standards some day. Mr. Fisher asked if Mr. Murray was sure the new road, if approved, would not be infringing on any private property. Mr. Murray said it would not, and concluded by stating that the $13,000 figure estimated by the County Engineer was accepted by the applicant as an estimate only. If the required repairs come to more of less than the estimate, the required repairs are guaranteed. Motion was then offered by Mrs. David to approve the restricted road for the Mary White Estate with the following conditions: 1) 2) 3) 5) Homeowners association established to provide for maintenance of internal roads, and empowered to assess members for expense of maintaining Broomley Road in conjunction with all surrounding property owners. Document' to be approved by the County Attorney. Internal roads to be constructed to County Standards for restricted roads. Right-of-way for the extension of Broomley Road across the frontage of this property to be dedicated to provide for 50 foot width. This extension of Broomley Road to be constructed to State Standards. Utilities will receive final approval when final plat is submitted. Improve Broomley Road to safety standards as specified in memorandum from Mr. J. Ashley Williams to Miss Lettie E. Neher dated January 7, 1976. Motion was seconded by Dr. Iachetta, and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 7. Public Hearing to amend the Albemarle County Zoning Ordinance by including a new Article 18, known as "Scenic Highway Designation" (deferred from January 28, 1976). Mr. Robert Tucker presented the proposed Article 18 as follows: 18-1 18-1-1 18-1-2 18_2 18-3 18-3-1 18-3-2 18-3-3 ARTICLE 18: SCENIC HIGHWAY DESIGNATION Request for Designation (a) (b) The board of supervisors may, from time to time, request the Virginia State Highway Commission to designate any public road in the county as a scenic highway or a Virginia byway in accordance with Section 33.1-62 of the Code of Virginia (1950), as amended. In addition, the board of supervisors may designate as an Albemarle County scenic highway any public road in the county which meets state scenic designation standards except with regard to signs. Application shall be made to the Virginia State Highway Commission for scenic designation in accordance with subsection (a) of this section at such time as any Albemarle County scenic highway shall meet all state scenic design standards. Prior to making any such request of the State Highway Commission, or any such designation, the board shall refer the matter to the planning ~ commission for its recommendation. The commission and the board shall hold public hearings on the advisability of making any such request or designation in accordance with Section 15.1-431 of the Code. Public Hearings by State Highway Commission Except as otherwise specifically provided by resolution of the board of supervisors from time to time, the Virginia State Highway Commission shall hold public, hearings in accordance with Section 33.1-62 of the Code .prior to the designation of any scenic highway or Virginia byway in the county, whether or not such designation be at the request of the board of supervisors. RestriCtions Along Designated Scenic Highways and Virginia Byways In addition to and notwithstanding any other provision of this ordinance to the contrary, the following regulations shall be effective along any designated scenic highway or Virginia byway. No structure, except as hereinafter provided in the case of certain signs, shall be constructed within 150 feet of the right-of-way of any designated scenic highway or Virginia byway having a right-of-way width of fifty (50) or more, nor within 175 feet of the right-of-way of any such highway or byway having a right-of-way width of less than fifty (50) feet. For purposes of this article, no sign except those signs defined in sections 16-80-6, 16-80-7, 16-80-10, 16-80-11, 16-80-12, 16-80-16, 16-80-17, 16-80-18, .and 16-80-19 of this ordinance shall be located within fifty (50) feet of the right-of-way of any designated scenic highway or Virginia byway having a right-of-way width of fifty (50) feet or more, nor within 75 feet of the right-of-way of any such highway or byway having a right-of-way width of less than fifty (50) feet. Subject to the provisions of section 18-3-1 of this ordinance, signs~ visible from any designated scenic highway or Virginia byway shall be permitted in accordance with article 18 of this ordinance; provided, however, that the design of any sign, other than those signs defined in sections 16-80w10, 16-80-12, 16-80-17, and 16-80-18, proposed to be erected within 500 feet of and visible from any such highway 5r byway February 11, 1976 (Regular, Night Meeting) 18-3-4 18-3-5 shall be encouraged to be in character with the historical and environmental setting of Albemarle County. No sign shall visually dominate the structure to which it is attached and shall be architecturally harmonious with the surrounding structures. Sign materials should be predominately wood or utilize open lettering and indirect lighting shall be encouraged. Ail signs subject to review hereunder shall be processed as follows: (a) The applicant shall submit two copies of sign drawings at a scale not smaller than one inch equals two feet, to the zoning administrator for Albemarle County; (b) The zoning administrator shall transmit one copy to the director of planning for review and shall retain one copy. The director of planning shall review the drawings within ten (10) calendar days from the date of application; provided, that nothing herein shall be construed to limit the right of the director of planning to refer any application to the planning commission for its review in any case in which he shall deem the same to be in the public interest. (c) Any person aggrieved by any decision of the director of planning in the review of such signs may demand a review of the signs by the Albemarle County Planning Commission by filing a request therefor in writing with-the Albemarle County Planning Department within ten (10) days of the date of such decision. The commission may affirm, reverse, or modify, in whole or in part, the decision of the director of planning. For purposes of this section, the term "person aggrieved" shall include the applicant, any adjacent landowner, and any public agency or officer thereof. (d) The governing body reserves unto itself the right to review all decisions of the Commission made in the administration of this article which, in its discretion, it shall deem necessary to a proper administration hereof. All signs subject to the provisions in article 18 of this ordinance shall conform to the regulations of article 15A of this ordinance except where specifically provided for as follows: Agricultural (A-I) district and residential (RS-I, R-i, R-2, R-3) districts (i) Business signs .(free standing or projecting): One free standing sign or one projecting sign per establishment per road frontage. Each sign shall not exceed twelve (12) square feet in area nor exceed ten (10) feet in height above ground level. (2) Business Signs (wall): One wall sign shall be permitted in place of the signs permitted in number one above. Area of sign Shall not exceed one square foot for each one foot of linear frontage of the main structure, with a maximum area of twenty (20) square feet. No portion of the wall sign shall exceed twenty (20) feet in height above ground level or project above the eave of the roof of the main structure. (3) Location Signs: TWO location signs per establishment to be located on a scenic highway not to exceed six (6) square feet in area nor exceed ten (10) feet in height above ground level. The signs Shall be permitted only when deemed necessary, by the zoning administrator, for public safety. Subdivision Signs: One sign 'per subdivision entrance not to exceed twelve (12) square feet in area nor ten (10) feet in height above ground level, with only the name of the subdivision displayed on the sign. (B) Commercial (B-l) District (i) Business Signs (Free Standing or Projecting): One free standing sign or one projecting sign per establishment per road frontage. Each sign shall nOt exceed eighteen (18) square feet in area nor exceed ten (10) feet in height above ground level, with lesser heights being encouraged. (2) Business Signs (Wall): One wall sign in place of the signs Permitted in number one above. Area of sign shall not exceed one square foot for each two feet of linear frontage of the main structure, with a maXimum area of thirty-five (35) square feet. No portion of the wall sign shall exceed twenty (20) feet in height above ground level or project above the eave of the roof of the main structure. (3) Location Signs: Two location signs per establishment to be located on a scenic highway not to exceed six (6) square feet in area nor exceed ten (I0) feet in height above ground level. The signs shall be permitted only where deemed necessary, by the 'zoning administrator, for Public safety. Sale or Rental Signs: (a) One free standin~ si~n Der road frontage not to exceed February 11, 1976 (Regular~ Night Meeting) (b) One wall sign per parcel of land not to exceed twelve (12) square feet in area with no portion of said sign to exceed twenty (20) feet in height from ground level or project above the eave of the roof of the main structure. (5) Shopping Center Signs: (a) One free standing entrance sign per road frontage, except one additional sign shall be permitted when road frontage exceeds 600 linear feet. Such sign shall not exceed eighteen (18) square feet and shall display only the name of the shopping center. The height of this sign shall not exceed ten (10) feet; (b) One wall sign for each individual establishment within the shopping center. The area of this sign shall not exceed one square foot per two front linear feet of said ,establishmenl with a maximum area not to exceed thirty-five (35) square feet. No portion of this sign shall exceed twenty (20) feet above ground level or project above the eave of said establishment; (c) One projecting sign per establishment, except an additional projecting sign shall be permitted when the establishment has an entrance on another pedestrian walkway. Projecting signs shall not exceed four (4) square feet and no portion of said sign shall exceed ten (10) feet above ground level; (d) Two or more establishments which are designed as a single commercial group, whether on the same parcel or not, or under common ownership or management, or having common maintenance or parking, or the appearance of one continuous commercial area shall be governed by the above shopping center provisions; (e) Ail signs governed by the above shopping center provisions shall be designed in such manner as to create continuity and a harmonious appearance with the architecture of the shopping center and the intent of this ordinance. (C) Industrial (RTM, M-l, M-2) Districts (1) Business Signs (Free standing and projecting): One free standing sign or one projecting sign per establishment per road frontage. No sign shall exceed eighteen (18) square feet in area nor ten (10) feet in height. (2) Business Signs (Wall): One wall sign shall be permitted in place of the signs permitted in number one above. The area of such sign shall not exceed one square foot for each two feet of linear frontage of the main building, with the maximum area being thirty-five (35) square feet and no portion of the wall sign shall exceed twenty (20) feet in height from ground level or project above the eave line of the roof of the main building. (3) Location Signs: Two location signs per establishment to ,be located on a scenic highway not to exceed six (6) square feet in area~$~n (10) feet in height above ground level. The signs shall be permitted only where deemed necessary, by the zoning administrator, for public safety. (4) Sale or Rental Signs: (a) One free standing sign per road frontage not to exceed twelve (12) square feet in area nor ten (10) feet in height above ground level; or (b) One wall sign per parcel of land not to exceed twelve (12) square feet in area with no portion of,said sign to exceed twenty (20) feet in height from ground level or project above the eave line of the roof of the main building. (D) Industrial Park (i) Business Signs (Free Standing): One free standing sign per industrial park per road frontage not to exceed eighteen (18) square feet in area nor ten (10) feet in height from ground level and shall display only the name of the industrial park. (2) Business Signs (Wall): One wall sign shall be permitted for each enterprise within the industrial park not to exceed one (1) square foot per'two (2) front linear feet with a maximum area not to exceed thirty-five (35) square feet and no portion of the sign shall exceed twenty (20) feet in height from ground level or project above the eave line of the roof of the main building. February 11, 1976 (Regular, Night Meeting) (E) Multi-Tenant Buildings (1) Business Signs (Free standing): One free standing sign per building per road frontage not to exceed 18 square feet in area nor ten (10) square feet in height which shall display only the name of the building or the names of enterprises. (2) Business Signs (Wall): A commercial enterprise with a separate entrance shall be permitted one wall sign not to exceed one (1) square foot per two (2) front linear feet of said establishment with a maximum of thirty-five square feet in area and no portion of the sign shall exceed twenty (20) feet in height from ground level or project above the eave line of the roof of the main building. (3) A professional office with a separate entrance shall be permitted one identifying wall sign not to exceed four square feet in area and no portion of the sign shall exceed twenty (20) feet in height from ground level or project above the eave line of the roof of the main building. 18-3-6 Any development undertaken adjacent to any designated scenic highway or Virginia byway which is subject to review by any officer or employee of the county shall be reviewed in accordance with the objectives of such designation as provided by law. At the end of Mr. Tucker's presentation, he commended Ms. Martha S~dan~~ and her committee for providing valuable information to the Planning Staff which helped expedite this hearing. He also stated that there was no controversy at the public hearing held by the Planning Commission. At this time the public hearing was opened. First to speak was Ms. Beth Ogilvie, a member of the Scenic Highway Committee, Citizens f6r~Albem~e. She~&id~h~yi_h~e supported detailed provisions for business and manufacturing signs because of the present existence of some industrial zoning on roads which are being considered for scenic designation. She suggested that Section 18-3-6 be changed to read as follows: "Any development undertaken, rezoning request, or new use adjacent to any designated Scenic Highway or Virginia byway which is subject to review by any officer or employee of the County shall be reviewed in accordance with the objectives of such designation as provided by law." Ms. Helen Williams said she owns property on Route 250 West and has many times asked that this road be protected. She asked if there were a definition of a sign in the ordinance since literally taken she feels this would mean a sign board with names and numbers. However, there are non-literal signs such as barber poles or the pennants which fly on car lots. Ms. Dorothy Spiedel, another member of Citizens for Albemarle, said they feel that roads Which have received scenic designation should have screening and l~n~.s~a~g.~adjacent to that road where properties are zoned for commercial or industrial use. She suggested the following addition to Section 18-3-1. "In order to permit adequate screening, no parking shall be allowed within 50 feet of the right of way of any designated scenic highway or Virginia byway on land that is zoned B-1. On land zoned industrial, no parking shall be allowed any closer to the right of way of any designated scenic highway or Virginia byway than the front face of the building." She said they realize that certain businesses might find it desirable to have visible parking in front of their establishments, thus the reason for the two different recommendations. This is a new idea and has not been considere( by the Planning Commission. Ms. Skip Tewksbury, another member of Citizens for Albemarle, asked if there is a~y way to notify adjoining property owners at the time signs are requested so those owners could review the appearance of the sign. She recommended that a notice of such requests be run in the Daily Progress. Mr. Tucker said the Planning Commission had discussed this idea, however they did not feel that it should be implemented until this new section of the ordinance has been in effect for a period of time to see if this becomes a problem. This type of amendment would require a much longer waiting period for the applicant. It is difficult to arrive at an equitable solution. Mr. Henley did not feel there will be that many problems if the signs fall within the guidelines established by the ordinance. Ms. Martha Selden said other citizens may be interested in knowing about the proposals and would like to have some input. Ms. Helen Williams said this question had come up from a specific case discussed by the Scenic Roads Committee. There is one merchant on Route 250 West who is voluntarily restricting his advertising, however across the street from this establishment there is a used car lot that is using an existing sign and also using yards of streamers. At this time, the public hearing was closed. Mr. $orr~mr s~.id h~ s~ppbr$ed'the proposal as presented by the Planning Commission and would reserve comments on Ms. Speidel's proposal. Dr. Iachetta said this is an excellent example of the efforts that can be put forth by people in the community. He supports the proposal. Mr. Roudabush and Mrs. David also supported,the proposal. Mr. Fisher said he did not think the recommendation~ made by Citizens for Albemarle should be adopted until there has been a change in the wording. Mr. Roudabush recommended that the Board adopt the ordinance as presented by the Planning Commission and consider these changes at a later date. February !1, 1976 (Regular, Night Meeting) Dr. Iachetta then offered motion to amend the Albemarle County Zoning Ordinance by the inclusion of a new Article 18, entitled "Scenic Highway Designation" and set out above, but amending the wording in Section 18-3-6 to read: Section 18-3-6: Any development undertaken, rezoning request, or new use adjacent to any designated scenic highway or Virginia byway 'which is subject to review by any officer or employee of the county shall be reviewed in accordance with the objectives of such designation as provided by law. The foregoing motion was seconded by Mrs. David and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None Dr. Iachetta then offered motion to adopt the following resolution of intent: By resolution, this Board requests the Albemarle County Planning Commission to study the feasibility of incorporating the following wording into the Albemarle County Zoning Ordinance, Section 18-3-1: In order to permit adequate screening, no parking shall be allowed within 50 feet of the right-of-way of any designated scenic highway or Virginia byway on land that is zoned B-1. On land zoned Industrial, no parking shall be allowed any closer to the right-of- way of any designated scenic highway or Virginia byway than the front face of the building. The Board further requests the Planning Commission to report back to this Board at the earliest possible date. Dr. Iachetta also recommended that the question of notification be referred back to the Planning Commission for discussion. The motion was then seconded by Mrs. David. Mr. Dorrier said he questions whether property owners around commercial establishments who are putting up a sign should be notified. He asked how much extra expense this would be to the County. Mr. St. John asked if the Board's instruction to the Planning Commission was to reconsider their previous decision or if the Board was instructing them to change their position. Dr. Iachetta said it was his intent only to have the Planning Commission spell out their reasons for recommendation as opposed to going through this procedure again. Mrs. David said she felt the explanation given by Mr. Tucker was sufficient and the Planning Commission had adequate reasons for not acting on this request. Mr. Henley said he felt this would be just another problem for the staff to handle. Mrs. David asked if Dr. Iachetta would consider withdrawing that part of his motion. Dr. Iachetta then restated the motion to include only adoption of a resolution of intent as set out above. The motion was seconded by Mrs. David and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None No. 8. 911-Emergency Telephone System. Mr. Fisher noted that he had received a revised proposal from Drs. Sage and Yorke for the study to be conducted through the Central Piedmont Urban observatory. It is noted in this proposal that the project will from its inception involve close association and interaction between the researchers and officials in Charlottesville and Albemarle County especially in the areas of fire protection, health care delivery, police services and rescue operations. Questions relating to access points, special equipment dedicated to "911" service, answering stations, responding agencies, jurisdictional considerations and institutional and financial arrangements will be addressed The study will utilize the experiences of other communities which have implemented such systems in the past. The study will meet specific criteria established by Federal and State agencies in order that funds from these agencies may be secured for implementation. Mr. Fisher then read two paragraphs from a letter dated February 3, 1976, from Cole Hendrix, City Manager: "This letter is to inform you that the City Council has noted to join the County in a study of the "911 Proposition" using the $15,000 available through the University. I understand that Marcia Mashaw has discussed this matter with you and is currently securing a proposal for the study from certain personnel at the Engineering School at the University. Wi look forward to working jointly with you on this project and hope the Urban Observatory can be used as the vehicle to get the necessary research accomplished." Mr. Fisher said he had read the preliminary draft and talked to Sheriff Bailey who agrees that the problem should be studied. Chief Bowen of the City Police Department has also agreed to work with the Central Piedmont Observatory on this problem. Motion was then offered by Dr. Iachetta to accept the proposal as presented. The motion was seconded by Mrs. David and carried by the following recorded vote. AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, !achetta and Roudabush. None. --. F~b~uary 11, 1976 (Regular, Night Meeting) Not Docketed. Mr. Fisher requested that members of the Space Committee meet with Sheriff Bailey to work out some interim changes to accommodate his space needs. Mr. Fisher noted that "Title XX Funding" will be of concern to the County over the next 25 years, This is Federal funding which requires a 25% local match and will affect such items as ~ocial Services, Mental Health, Workshop V and the Community Detention Home. He said a meeting has been scheduled in Charlottesville for Wednesday, February 18 to discuss this program and he asked that Mr. Dorrier attend this meeting on behalf of the Board. Mr. Fisher brought to the Board's attention that they have an appointment with Messrs. J. Harry Michael and Thomas Michie in Richmond on February 23 to discuss matters now before the General Assembly. Mr. Dorrier noted receipt of a letter from Mr. Hank Browne dated January 26, 1976, concerning the litter problem in Albemarle. Mr. Fisher said he had acknowledged this letter. Dr. Iachetta said he agrees that there is a need to solve the problem. He suggested that~this be treated as part of the total solid waste matter. Dr. Iachetta noted that citizens in the Hessian Hills area have asked if the County can render any assistance in the renovation of their street signs. Mr. Bailey said the State Highway Department maintains such signs if they are on an existing State Highways. This should be brought to the attention of representatives of the Highway Department. Mr. Roudabush said that the area between the City Limits and Route 29 North on Rio Road is heavily populated. Citizens in this area are concerned that there is a water line installed on Rio Road but there are no fire hydrants for fire protection. Mr. Fisher said there are a lot of places in the County where there are water lines available and yet there are no fire hydrants. He said the question needs to be reviewed and a policy established on-whether the County will participate in the cost of installing such fire hydrants. Mr. Bailey brought to the attention of the Board a memo which had been distributed this night on the resignation of the employee filling the p~ition~o~ersonnel Director. He said this employee is leaving because he feels he has no future with the County since the position has never formally been accepted and graded into the County's pay plan. Mr. Bailey said this is a worthwhile position, however to replace this person the job will have tI be included in the pay plan. Mr. Fisher said the Board would hav~Ja~discussion of personnel matters in the near future and he thanked Mr. Bailey for bringing this matter to the Board's attention. At 10:45 P.M., motion was offered by Dr. Iachetta, seconded by Mrs. David, adjourning ! this meeting until February 12, 1976, at 5:00 P.M. in the County Executive s Conference Room. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Chairman