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1976-04-21N152 April 21, 1976 (Regular Meeting - Night'~ A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on April 21, 1976, at 7'30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia. PRESENT' Mrs. Opal D. David and Messrs. Lindsay G. Dottier, Jr., Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta, and W. S. Roudabush. OFFICERS PRESENT: Guy B. Agnor, Jr., County Executive; George R. St. John, County Attorney; James Bowling, Deputy County Attorney-; and Robert Tucker, Director of Planning. The meeting was called to order at 7:32 P.M. No. 3. ZMP-76-02. Virginia Dryden Kellogg. (Deferred from March 24, 1976) Mr. Fisher read the following letter into the record: "April 19, 1976 Mr. Gerald E. Fisher Chairman Albemarle C~ounty Board of Supervisors County Office Building Charlottesville, Virginia Dear Mr. Fisher: This letter will serve to confirm our recent telephone and personal conversations. Our office has been requested to represent Mr. and Mrs. Kellogg, petitioners for rezoning of the Ednam property. We respectfully request that this matter be continued on the agenda of the Albemarle County Board of Supervisors from the meeting of April 21 to the first meeting in May. We request ~his continuance in order that we may have additional time to address ourselves to solutions of the problems posed by questions raised at the public hearing before Supervisors relative to this application for rezoning. Tha~nk you for your consideration. Very truly yours, (Signed) William A. Perkins, Jr." Motion Was offered by Dr. Iachetta to further defer this matter until May 5, 1976. The motion was seconded by Mrs. David and carried by the following recorded vo~e' AYES' Mrs. David and Mess~s. Dottier, Fisher, Henley, Iachetta~ and Roudabush. -~.~ ..... iir~ NAYS' None. ~ ~ At this time, the Board began public hearings as advertised in the Daily P~ogress on April 7, 1976 and April 14, 1976. No. 1. SP-11-76. Osborne S. Cosner. To locate a two-family dwelling on 3.81 acres zoned A-1 Agricultural. Property on south side of Route 53 just east of intersection of Route 729. County Tax Map 93, Parcel 47A. Scottsville District. Mr. Agnor read the following communication into the record: "April 7, i976 I hereby reques~ that the Board withdraw without prejudice Petition No. SP-11-76 for Osborne Cosner. (Signed) Osborne S. Cosner" Dr. Iachetta offered motion to withdraw this petition without prejudice. seconded the motion and the motion carried by the following: Mrs. David AYES' NAYS' Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta and Roudabush. None. At 7:37 P.M., Mr. St. John asked the Chairman if he could address the item of accessory tourist lo~ging which~was number eight on the agenda. He~ask~d~Jto do this at this time because he had to leave the meeting before the. item would be heard. He stated that the applicant had requested that the Zoning Ordinance be amended to allow this use as a seasonal use running from May to October and not for the remainder of the year. Mr. St. John said he believes this can be done if that is the desire of the Board. He also stated that the newly codified County Code needs to be enacted tonight with an e~fective date of May 1 which is the due date for the County's Business License tax. No. 2. Public hearing to adopt a New Code of Ordinances, which code shall contain revisions through October 31, 1975. (Notice of this 'hearing was published in the Daily Progress on April 7 and April 14, 1976, pursuant to Code of Virginia, Section 15.1-37.3). (Chapter 11, known as Business License Ordinance, was advertised in full in the Daily Progres~ on March 6, March 13, March 20, and March 27, 1976.) Mr. James Bowling, Deputy County Attorney, stated that Mr. Richard Morgan of the Michie April 21, 1976 (Regular Meeting - Night) % 153 which had taken place since the initial printing of the Code. Mr. Bowling. proposed one additional amendment to the Code in Section lla~6 by changing "holding Companies" to read "holding companies, including holding company for mass media communications." At this time, the public hearing was opened. First to speak was Mr. Bill Perkins. He noted that although he had researched the question thoroughly, he had not found any ordinance in the State of Virginia containing a category attempting to indicate a holding company is a business. He said that a holding company is not a businessland the county would be treading new ground if they tried to put a license on a holding company. Mrs. Joyce Colony, a music teacher, said she wanted to speak to Section 11-66, Part B. She felt it was unfair to list music teachers and no other teachers. She stated that the City of Charlottesville does not tax teachers of any-cultural activity. She asked that this item b~t~:~.-.~om the O.~disance, Mrs. Priscilla Rappolt, an artist, spoke next about Section 11-65. She urged stricking of professional artists or sculptors from the license tax ordinance. Next to speak was Eric Wise, an attorney for the Direct Selling Association. He spoke on Chapter 17, Solicitors. He suggested an amendment, a licensing ordinance based on the City of Danville's ordinance. That ordinance requires solicitors to be registered but for those solicitors bound by a code of ethics handled by their company, they would be exempt from the registration process. Mr. Lamont Tupper, husband of an artist, was next to speak in opposition to the taxing on artists. He did not feel it was fair to tax someone on their creativity. At this time, Mr. Ray Jones, Director of Finance, said he had talked to the State Department of Taxation and they had no record of a locality taxing a hol.ding company. Although, they felt that nothing would prevent such a tax if based on gross receipts. Mr. Bowling noted that if the Board excludes anyone in a professional occupation, that occupation must be specifically spelled out. At this time, the public hearing was closed. Mr. Fisher noted that the code must be adopted this night in order to meet the deadline for the business and professional licenses which become due May 1. If the Board wants to include exemptions for cultural activities, this amendment can be advertised and adopted at a later date. Mr. Dorrier offered motion at this time to adopt the following ordinance as submitted. Mr. Henley seconded the motion and same was carried by the following recorded vote' AYES' NAYS' Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta, and Roudabush. None. (Ordinance as Adopted Set Out Below) AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE COUNTY OF ALBEMARLE, VIRGINIA, ENTITLED "THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA OF 1975," PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREINAFTER SET OUT. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia: Section 1. There is hereby adopted by the Board of ~upervisors that certain Code entitled "The Code of the County of Albemarle, Virginia Of 1975;" containing certain ordinances of a general and permanent nature as compiled, consolidated, codified and ~ndexed in Chapters 1 to 20, both inclusive, of which Code not less than three copies have been and are now filed in the office of the clerk of the governing body. Section 2. The provisions of such Code shall be in force on and after April 21, 1976, and all ordinances of a general and permanent nature adopted on final reading and passage on or before .October 31, 1975, and not contained in such Code are hereby repealed from and after April 21, 1976, except as hereinafter provided. Section 3. The repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before April 21, 1976; nor shall ~t affect any prosecution, suit or proceeding pending or any judgment rendered prior to April 21, 1976; nor shall such repeal affect any ordingnce or resolution promising or guaranteeing the payment of money for the CoUnty or authorizing the issue of any bonds of the County or any evidence of the County's indebtedness or any'~ontract or 'obligation assumed by the County; nor shall it affect any annual tax levy; nor ~hall it affect any right or franchise conferred by ordinance or resolutio~ of the County on any person or corporation; nor shall it ordinance adopted for purposes which have been consummate, it affect any ordinance which is temporary, although gem or special, although permanent in effect; nor shall it a£ relating to the salaries of the County's officers or empl, it affect any ordinance annexing territory to the County; affect any ordinance naming, renaming, opening, accepting streets or alleys in the County; nor shall it affect any relating to zoning; nor shall it affect any ordinance ado ~ffect any i; nor shall ~ral in effect, ~ect any ordinance ~yees; nor shall nor shall it or ~acating )r~nance ~t~d on final April 21, 1976 - (Regular Meeting - Night) Section 4. Whenever in. the Code adopted by this ordinance or in any other ordinance or resolution of the County or in any rule, regulation or order promulgated by any officer or agency of the County under authority duly vested in him or it any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing .of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of such Code or~ any other ordinance or resolution of the County or such rule, regulation or order shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding thirty days, or by both such fine and imprisonment. Except where otherwise provided, every day any violation of such Code or any other ordinance or resolution of the County or such rule, regulation or order shall continue shall constitute a separate offense. Section 5. It is hereby declared to be the intention of the Board of Supervisors that the sections, paragraphs, sentences, clauses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance or the Code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance or the Code hereby adopted. Section 6. follows: The Code adopted hereby shall be changed to read as Section 1-2: Add: COunty executive. The term "county executive" shal-1 be construed to mead the county executive of Albemarle County, Virginia or his duly authorized representative. Section 2-4' Line 10, after "commissions," add: ", except the member of the board of supervisors serving this commission,". Section 2-7: First line, delete "during the month of January" and replace with "at such times as the hoard of su.pervisors may require by resolution". Section 2-34: Delete in its entirety. Section 2-35: Delete in its entirety. Add: Chapter 2, Article VIII. Organization. Emergency Services Section 2-43. Purpose of article; office created. In order to develop and maintain an emergency services organization to insure that preparations are adequate to deal with disasters or emergencies resulting from enemy attack, sabotage or other hostile action, resource shortage, or from fire, flood, earthquake, or other natural cause, and generally to protect the public peace, ~ealth~ and s~afety and to preserve the lives and property and economic well-being of the. people, 'it is hereby found and declared to be necessary to provide and authorize an office of emergency services. Section 2-44. Director--Designated; deputy. The director of emergency services shall be the chairman of the board of supervisors and the c~hief administrative officer for the county will be the deputy director. Section 2-45. Same--Powers and duties. (a) The director shall be responsible for organizing emergency services and directing emergency operations through the regularly constituted government structure, and shall utilize the services, equipment, supplies and facilities of existing departments, offices and agencies of the county to the maximum extent practicable. The off~icers and pers.onnel of ~a]l such departments,-offices and agencies are directed to cooperate with and extend such services and facilities to the director or his agent upon request. ~ (b) The director will prepare or cause to be prepared and kept current a local emergency operations plan. He may, in collaboration with other public and private agencies develop or cause to be developed mutual aid agreements for reciprocal assistance in the case of a disaster or emergency. (c) The director shall have authority to April 21, 1976 (Regular meeting - Night) 1_55 Sec't'ion''2-4'6. Declaration Of local emergen'cy. (a) A local emergency as defined in section 44-146.16(6), Code of Virginia, as amended, may be declared by the director ~of emergency services with the consent of the boa,r~d of supervisors. In the event the board~of supervisors cannot convene due to the disaster, the director or any member of the board of supervisors in the absence of the director may declare the existence of a local disaster, subject to confirmation by the entire board of supervisors at a special meeting within five days of the declaration. The board of supervisors, when in its judgment all emergency actions have been taken, shall take appropriate action to end the declared emergency. (b) A declaration of a local emergency shall activate the response and recovery programs of all applicable local and interjurisdictional emergency operations plans and authorize the furnishing of aid and assistance thereunder. (c) The director following such declaration shall notify the state office of emergency services that all local resources have been committed in the disaster and that assistance may be requested from the state. Section 3-12: Subsection (b)(4), delete language beginning "and, if so . "to end of sentence. Subsection (b)(5), delete in its entirety. Add Section 3-17 to read as follows: "The provisions of this chapter shall be subject to the county zoning ordinance." Section 4-19: areas,". Subsection (a)(5), add at the beginning, "Crozet Subsection (a): Add "(15) Queen Charlotte Subdivision as platted and recorded in the office of the clerk of the circuit court in D~ed Book 395, page 6. Section 4-19: Subsection (b), line 4, delete language beginning "either by being caged .... "to end of sentence. Section 6-6: Delete (a) through (d) as written and insert following: (a) Covesville Precinct, with the polling place in the community of Covesville. (b) Porter's Precinct, with the polling place in the community of Esmont. (c) Scottsville Precinct, with the polling place in the community of Scottsville. (d) Monticello Precinct, with the polling place at Piedmont Virginia Community College. Section 7-3: following: Subsection (b), delete as written and insert the It shall be unlawful for any person who owns land in the county willfully to suffer or permit any portion of his land to remain in such condition that soil erosion and sedimentation causes reasonably avoidable damage or harm to adjacent or downstream property, roads, streams, lakes or ponds. The zoning administrator, on his own initiative or upon complaint of any citizen, shall notify the owner of any such land that such condi, tion exists, and shall require such owner to submit an erosion and sediment Control plan to control such erosion and sedimentation. If such owner fails or refuses to submit: such plan to the zoning administrator within the time specified in such notice, or if he fails or refuses to provide the controls required by the plan approved by the zoning administrator within the specified time period after notice of such approval, he shall be deemed to have violated the provisions of this section and shall be subject to the provisions of section 7-8 hereof for such violation; provided, that the zoning administrator may, for good cause shown, extend the period of such compliance for a reasonable time. In addition to all other remedies, the zoning administrator may, upon proper finding, proceed in accordance with section 7-6(c). Section 7-4: Subsection (c), last sentence, change "county planning department" to "zoning administrator". Section 7-5: Delete in :[ts entirety and insert the following: (a) At the time of their submission, all plans and specifications required hereby shall be reviewed by the zoning administrator in order to ascertain whether all items required by the handbook are shown thereon 156 April 21, 1976 (Regular meeting- Night ) days after such submission. All plans and specifications shall show all items required by t~he handbook prior to the submission to the advisory committee. (b) Upon certification that the plans and specifications are in compliance as provided in (a) above, the zoning a~ministrator shall submit them to the advisory committee. The advisory committee shall then proceed to review the plans and specifications to ascertain whether they are in compliance with the conservation standards of the h~ndbook. The review shall take place at the next regular meeting of the committee following the submission of the plans; except, that this review shall take place not more than thirty-five calen-dar d.ay~ after submission of the plans and specifications by the applicant. The advisory committee may request such information as it may deem necessary for a proper review of the plans and specifications. A member of the advisory committee, accompanied by the applicant shall make an inSPection of the site in question as part of the review of plans and specifications. After its review, the committee shall return its recommendation to the zoning administrator as to whether or not the plans and specifications as submitted are in accordance with the standards of the handbook. (c) The zoning administrator shall, in accordance with the recommendations of the advisory committee, approve o~ disapprove the plans an~ specifications as submitted; provided, that prior to taking action, the zoning administrator may refer to the committee such specific questions concerning the application as may be reasonably necessary to the proper administration of this chapter; but provided further, that in any event, the zoning administrator shall approve or disapprove the plans and specifications Within forty-five calendar days after application is made. Section 7-6: following: Subsection (b), delete as written and insert the (b) If it is determined under (a) above that the permit holder has failed to comply with the plan, the zoning administrator shall immediately serve upon the permit holder by registered or certified mail to the address specified by the permit holder in hi~ permit application a notice to comply. Such notice shall set forth specifically the measures needed to come into compliance with-such plan and shall specify the time within which such measure shall be completed. If the permit holder fails to comply within the time specified, he-may be subject to revocation of the permit and shall, in addition, be deemed to be in violation of this chapter. Add Section 7-6, subsection (c) as follows: (c) In the event that the permit holder shall fail to comply with a notice as provided in (a) above, upon finding that such action is reasonably nece~sa-ry to protect the public health, safety and welfare, the zoning administrator may cause the necessary measures to be taken and shall proceed to recover the expenses of such action as provided in section 7-8 hereof. Add Section 7-9: Section 7-9, Authority of zoning administrator to establish administrative procedures. The zoning adm.inistrator Shall have the power to establish reasonable administrative procedures for the administration of this chapter. Add Article II to Chapter 7 as follows: A~ticle II. Protection of Water in South Rivanna River Reservoir. Section 7-10. Purpose of article. The purpose of this article is to protect against and minimize the pollution and eutrophication of the South Rivanna River Reservoir resulting fro~ development in the drainage basin thereof on an interim basi~ pending the completion of studies designed to determine the effect of such development upon the reservoir. It is hereby found by the board of supervisors as a matter of legislative determination that this article is necessary to prevent p~llution of the reservoir and to protect health, safety and welfare of the people of the county. Sec~t ion 7-11. Definitions. For the p~rposes of this article, the f011owin~ ~erms shall be defined as follows: Development. Any construction, external repair, land-disturbing activity, grading, road building, or other activity resulting in a change of the physicaZ character of an~ parcel of land, except as herein otherwise expressly provided. Immediate drainage area. That portion ~of the county lying within the watershed of the South Rivanna River: (1) Bounded by an arc having a radius of five miles as measure~ from the w~ter supply intake pipe of ~he April 21, 1~76 (Regular meeting- Night ) 157 reservoir and (2) lying within five hundred horizontal feet of the edge of the reservoir at normal pool or within five. hundred horizontal feet of the centerline of any perennial or intermittent stream flowing directly into the reservoir. In addi'tion, any area having a slope in excess of fiftee~ percent which is immediately adjacent to the five hundred foot boundary line as herein defined, shall be deemed to be included within the immediate drainage area. A map labeled "South Rivanna River Reservoir Immediate Drainage ~rea," showing the boundaries as herein described, is incorporated herein by reference and copies of such map are on file in the office of the zoning administrator. Permit. Any building permit, erosion control permit, or flood plain permit which is required to be issued by any board, committee, officer~ employee or other agency of the county as a prerequisite to any development. Section 7-12. Issuance of permits. No permit shall be issued for any development in the immediate drainage area of the South Rivanna River Reservoir until such time as the board of supervisors shall have determined that such development will have no substantial adverse effect on the reservoir or on the quality of the water therein. Section 7-13. Exemptions. Notwithstanding any other provision of law, the f-ollowing shall be exempt from the effect of this article: (a) The construction, repair, enlargement, or other activity other than road building, relating to any single family detached dwelling located upon a l~t having a minimum area of one acre; provided, that no such activity shall be permitted within two hundred horizontal feet of the edge of the reservoir at normal pool nor within two hundred feet of the centerline of any perennial or intermittent stream flowing directly into the reservoir; (b) The repair or reconstruction of any structure which repair or reconstruction is necessitated by forces beyond ~the control of the owner of Such structure, which repair or reconstruction shall be necessary to prevent a clearly demonstrable hardship approaching confiscation or a situation dangerous to the public health, safety and welfare, and which repair or reconstruction will, in the opinion of the board of supervisors, have no significant impact on the quality of water in the South Rivanna River Reservoir; (c) The tilling, plknting or harvesting of agricult.ural, horticultural or forest crops or products or engineering operations under section 21-2(c) of the Code of Virginia, as amended; (d) Nothing in this section shall be construed to permit the issuance of any permit for any land-disturbing activity as defined in article I of this chapter;-provided that, notwithstanding any provision of law to the contrary, any activity necessary for the elimination of any condition which constitutes a danger to the public health, safety and welfare may be carried out as otherwise provided by law. Section 7-14. Construction of article. This article is ~eclared to be remedial in nature and protective of a paramount public interest and shall be liberally construed to effectuate its purpose. Section 7-15. Duration of terms of article. This article shall take effect upon February 25, 1976 and shall remain in effect until repealed by the board of supervisors; provided, however, that this article shall terminate and be of no further effect on and after January 1, 1977, unless the same shall theretofore have been reenacted in accordance with law. Section 8-9: Delete "revenue" in last line of section. Section 8-13: Subsection (b), eighth line, change "dollar" to "dollars" and add "be" between "shall two". Section 8-33: Delete first sentence of subsection (b) and insert the following: "A reapplication shall be submitted by December 31 preceding the tax year for which taxation is sought whenever the use or acreage of such land previously approved changes. Failure to submit a reapplication by December 31 shall disqualify the entire parcel for taxation under this article." Section 9-18: Change "unsued'! to "unused." Add Section 9-22.1 as follows: 158 April 21, 1976 (Regular meeting - Night) Section. 9-22.1. Limitation on burning of leaves between October 1 and March 1. The disposal, by open burning, of leaves originating on private property and burned on those premises shall be lawful during the period October 1 to March 1; provided, that: (a) No fire is built within twenty-five feet of any structure, within five feet of an adjoining property line, nor on any highway right-of-way; (b) Such burning is done between 9:00 A.M. and 5:00 P.M. and all embers are totally extinguished at the end of this period; (c) Only leaves are burned and they are dry enough to burn without smoldering; (d) The leaves are burned in reasonably small piles so as to minimize smoke and danger from fire getting out of control; (e) The fire is attended at all times; (f) No flammable liquid or combustible solids, other than leaves, are used in the fire; (g) Water and tools for control of the fire are available and on hand at the site of the fire. Section 9-23: Add the following sentence: Every person who shall burn leaves as permitted by this article shall do so. at his own risk.and shall be liable for damage caused by any fire which Dscapes or gets out of control. Add Section 9-23.1 as follows: Section 9-23.1. Authority of county fire ~arshal. (a) The county fire marshal shall have authority to suspend this article and ban all open burning during excessive drought or dry spells or for reasons of prevailing atmospheric conditions. (b) Notice of such suspension shall be communicated promptly to all local radio and television stations and daily newspapers. Add Section 9-23.2 as fellows: Section 9-23.2. Petitions to ban burning in designated areas. The residents of any subdivision or or-her clearly defined area in the county may petition the board of supervisors to enact supplementary ordinances banning all open burning of leaves in such area. Add Section 9-25 as follows: Section 9-25. Constr~ction of article. (a) During the period May 16 to September 30, all open burning of leaves shall be subject to the regulations of the state air pollution control boayd. (b) Nothing in this article shall be construed to permit the burning of household garbage or any other materials except in accordance with this article or the regulations of the state air pollution control board. Section 11-1: to, and". Second line, delete "businesses hereinafter referred Section 11-2: In definition of gross receipts change reference to section "11-68" to "11-65". Section 11-4: Subsection (a), second line, between "privilege" and "doing business", change "or" to "of". Section ll-S: Second line, change "once" to "one" Section 11-10: Subsection (b), change "transferrer" to "transferror" whenever it occurs in this subsection. Section ll-ll: con s.p i cuous". Subsection (a), third line, delete "and Delete subsection (b) in its entirety. Section 11-12: Subsection (c), third line, delete "and there shall be collected interest at six percent per annum of such tax and penalty on which such tax becomes delinquent." April 21, 1976 (Regular meeting - Night) 15@ Section 11-15: Subsection (b), line 9, delete language beginning "and at the same time" to the end of the sentence. Subsection (c), line seven, insert "six" for "three". Section 11-16: with the following: Delete subsection Ca) in its entirety and replace "(a) The director of finance is empowered to certify to the board of supervisors any instances of erroneous assessments. Upon receipt of such certificate consented to by the county attorney and approved by the board of supervisors, the director of finance is directed to make a refund." Section 11-18: Subsection (a), add the following at the beginning: "Except as otherwise provided". Subsection (a), delete "gross sales". Subsection (a), last line, delete "a certificate" and replace with ',an" and add "certificate" after "exemption". Subsection (b), line 2, delete "for dance halls" and insert "11-49" for "11-50". Section 11-21: At the end of the first sentence add "and the amounts of such subcontracts." Section 11-22: Subsection (a), last line, insert "to" between "refuse" and "answer". Subsection (b), first line, insert "his duly qualified" between "and" and "assistants". Section 11-23: Add "is" between "or" and "convicted" on line 2. Section 11-24: Add "except as otherwise provided" at end of section. Section 11-27: Subsection (e), delete "in the county" Subsection (g), delete in its entire~y. Subsection (i), delete "and for each druggist license in the county". Subsection (j), delete in its entirety. Section 11-30: Line 3, after "five dollars" add "per room," Section 11-39: Delete in its entirety. Section 11-49: Subsection (b), next-to-last line, add "or circus" after "carnival" Section 11-50: Subsection (a), delete as written and substitute the following: "(a) Eve'ry person operating a dance hall shall pay an annual license tax of one hundred dollars." Section 11-55: "tax". Section 11-56: Subsection (a), third line., change "fee" to Delete in its entirety and substitute the following: "Every person engaged in the business of erecting a building for the purpose of selling or renting it and making no contract with-a duly licensed contractor for the erection of such building, whether or not such person contracts with one or more duly licensed contractors for one or more portions, but does not contract with any one person for all of the work of erecting any one of such building, shall be deemed to be a specul.ative builder, and, where the entire cost of erecting the building or buildings shall exceed twenty-five thousand dollars, for the privilege of transacting business in this county, shall pay a license tax of twenty-five dollars, and where the entire cost of erection of such building exceeds twenty-five thousand dollars, the tax shall be fifteen cents on each one hundred dollars in addition thereto. In computing the cost of erecting the building, the value of the land shall not be considered, but it shall include the cost of offsite improvements, namely, water systems, sanitary sewerage systems, storm drainage systems and road improvements when such speculative builder does not contract with a duly licensed contractor therefor." Page 107, division 4. heading, change "Merchants"~to "Vendors". Section 11-64: In definitions of "retail merchant" and "wholesale merchant" delete "enumerated" and replace with "as set forth". Section 11-65: Delete "Bookkeeper, public". Delete. "Public stenographer". 160 April 21, 1976 (Regular meeting - Night ) Section 11-66: with following: Delete subsection (b) in its entirety and replace (b) The business, 9ccupation or trade of: Addressing letters or envelopes. Bookkeeper, public. Cleaning chimneys, furnaces. A clinical laboratory. Computer service operated for compensation. A correspondent establishment or bureau. A day nursery (other than fost'er home). A drafting service. Eradication or extermination of rats, mice, termites, vermin or bugs. Erecting, installing, removings, storing awnings. Freight traffic bureau or agency. Fumigating to prevent the spread of disease. Furnishing clean diapers. Furnishing house cleaning service. Furnishing janitor service. Furnishing labor services. Furnishing messenger service, except telephone or telegraph messenger service. Furnishing statistical service. Hauling or transfer, not in connection with taxicab business. Holding companies, including holding company.vfor mass media communications. Job printer, printing shop, bookbinding, duplicating process. A laundering, cleaning, pressing or dyeing establishment. A music teacher. A ~ewspaper delivery service. A nurse's registry. A nursing or convalescent home. Operating a kennel, or small animal hospital. Operating a scalp treating establiShment. Packing, crating, shipping, hauling or moving goods or chattels for others. Parking lots. A photographer. A physician's registry. Picture framing or gilding. A press clipping service. Private school (other than religious and nonprofit). A protective agent or agency. Public garage. Renting airplanes. Renting any kind of tangible personal property. Renting bicycles. Renting or furnishing automatic washing. Rug cleaning. A secretarial service. Stenographer, public. Storage, all types. Supplying clean linen, coats, aprons, tOwels. A tabulating service. Telephone answering service. Title insurance company, U-drive-it firm or business. A vehicle title service. Vehicular advertising, electric advertising, bus advertising, commerical advertising. Persons accepting or offering to accept or place orders, which such person wil~l deliver at a later date, for the sale of medicines, perfumes, salves, liniments, cosmetics, cookware, plastic wares, brushes, books, magazines, vacuum cleaners or any other merchandise and not having a regular place of business in the county but who sells or offers to sell from house to house, or at parties or meetings arranged for that purpose. Ail other similar personal service or business service occupations, trades or businesses not included herein and not otherwise taxed by this chapter. Subsection (c): Delete in its entirety. Sect ion 11-68: "Ant iques". Move "auto accessory, tire, battery" to follow Add "Alcohol~ic beverages" after "Aircraft or aircraft parts". Add Section 11-79: "The owner or manager of a trailer camp or park shall keep a registration book and shall register all trailers using, occupying or present in the camp or park, which book shall be available for inspection at all times." Section 12-16: At end of section add "and transportation." Section 12-26: section. Insert "tax" for "fee" wherever it occurs in such April 21~ 1976 (Regular meeting - Night) 161 Sect ion 12-27: section. Insert "tax" for "fee" wherever it occurs in such Section 12-28: Delete "revenue". Section 13-7: Delete in its entirety and insert the following: "It shall be unlawful for any person to engage in disorderly conduct. A person is guilty of disorderly conduct if, with the inten~ to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (a) Ia any street, highway, public building, or while in or on a public conveyance, or public place engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under ~itle 18.2 of the Code of Virginia; or (b) Willfully, or being intoxicated, whether willfully or not, disrupts any meeting of the governing body of any political subdivision of this state or a division or agency thereof, or of any school, literary society or place of religious worship, if such disruption prevents or interferes with the orderly conduct of such meeting or has a direct tendency to cause acts of violence by the person or persons at whom, individually, such disruption is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under title 18.2 of the Code of Virginia. The person in charge of any such building, place, conveyance or meeting may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose. Any person guilty of a violation of the provisions of this section shall be punished by a fine of not more than one thousand doll.ars~or imprisonment for not more than twelve months, or by both such fine and imprisonment. Section 13-13: Third line, change "city" to "regional". Section 13-14: Second line, insert "regional" before "publfc library". Third line from bottom, delete "city" and insert "regional". Section 14-1: Delete in its entirety. Section 14-2: Add "Trash and other waste shall be deposited in containers provided for this purpose." Section 14-3: Delete first sentence. Section 14-4: Delete in its entirety and replace with the following: "(a) I~ shall be unlawful for any person to discharge a firearm in any park lands owned or controlled by the county. "(b) I~ shall be unlawful for any person to use a bow and arrows in any park lands owned or controlled by the county." Section 14-5: Delete in its entirety. Add Section 14-6.1: "Camping is permitted in areas so designated but only when a permit has been obtained from the county executive." Add Section 14-6.2: "County parks shall open at dawn and shall close at sunset. Activities after dark may be permitted upon written approval by the county executive." Section 14-8: Delete first sentence; second sentence, delete "game and"; third sentence, delete in its entirety. Section 14-9: Add to last sentence "except for those boats operated under the direction of the county executive for public safety purposes." Section 14-11: Subsection (a)(2) add "Children 4 to 12 years of age, ten dollars". Subsection (a)(2) b, delete "between the ages of 4 and 18" and replace with "residing in the same household". Subsection (b), after "collected" in next-to-last line, delete remainder of sentence; add "Fees for rental of county-owned boats shall be determined by order' o£ the county executive~" Section 15-2: Delete "Joint jail board". Section 15-3: Add the following: "The member of the board of 162 April 21, 1976 (Regular meeting- Night) Section 16-11: Add "The provisions of this section shall not be construed to prohibit the use of the Ivy landfill by residents of the City of Charlottesville." Section 17-3: Add "Any permit issued under the provisions of this chapter shall be vOid upon conviction of a violation of the provisions of this chapter." Add Section 17-6(h): "Persons selling cut fire wood." Section 18-2: Add "Virginia Department of Highways or state department of highways. The Virginia Department of Highways and Transportation." Section 18-18: Delete as written and insert the following: All required improvements shall be installed at the cost of the subdivider. Where cost sharing or reimbursement agreements between the county and the subdivider are appropriate, the same shall be entered into by formal agreement prior to final plat approval and shall be subject to inspection and acceptance by the Virginia Department of Highways and Transportation. Easements and lines for water and sewer services shall be subject to approval by the Albemarle County Service Authority; drainage easements shall be subject to approval by the county engineer. In cases where specifications have been established, either by the Virginia Department of Highways and Transportation for streets, etc., or by this section, such specifications shall be followed. Portions of the subdivider's performance bond may be released by the agent for the board of supervisors, after the completed construction or improvements have been inspected and accepted as being in compliance with approved plans by the county engineer, the agent for the board of supervisors, or by the Virginia Department of Highways and Transportation, as required by law. After final completion of a road con~structed for inclusion into the state highway system, the agent for the board of supervisors may release the total construction bond provided the Virginia Department of Highways and Transportation has approved final construction of such road and, provided further, that bond in favor of the county, with security sufficient to ensure that such road shall be maintained to the standards of the Virginia Department of Highways and Transportation until such road shall have been accepted into the state highway system, is posted with the county. The amount of the maintenance bond shall be determined by the following criteria in conjunction with section 18-40: Class A. Five hundred dollars minimum up to two hundred linear feet plus two dollars per linear foot thereafter; Class B. Five hundred dollars minimum up to two hundred linear feet plus two dollars and twenty-five cents per linear foot thereafter; Class C. Five hundred dollars minimum up to two hundred linear feet plus three dollars and fifty cents per linear foot thereafter. Ail improvements shall be in accordance with the requirements set forth in this .chapter. Section 18-24: Delete as written and insert the following: No final subdivision plat shall be approved by the board of supervisors, or its agent, unless and until the subdivider shall have obtained an erosion control permit pursuant to chapter 7 of this Code or shall present satisfactory evidence that no such permit is required. Section 18-40: December 18, 1975. Insert resolution adopted by board of supervisors No. 4. SP-08-76. Marvin C. and Lida C. Gibson. Request to locate a two-family dwelling on 2.8 acres zoned A-1. Property on the east side of Route 706 approximately 2.8 miles south of intersection of Route 631. County Tax Map 89, Parcel 23B(11) Scottsville District. (Advertised in the Daily Progress on April 7, 1976 and April 149 1976). Mr. Robert Tucker read the staff report: "The southeastern side of State Route 706 is substantially developed with single-family and three mobile homes. The northwestern side of the road is basically in larger parcels in the immediate area with a mobile home park in the vicinity. The Comprehensive Plan indicates agricultural use for this area with the nearest village cluster (Crossroads) approximately three miles away. It has been the policy of the Board of Supervisors and the Planning Commission not to allow two-family dwellings in areas other than those designate( as community or village clusters in the Comprehensive Plan. The reasons for this are that a precedent for duplex development would be set in these areas and that such development could alter the character of these areas. On July 24, 1974, the Board of Supervisors denied a petition by another applicant for a two-family dwelling about two and one-half miles northeast of this property. Because this property is located about three miles from the nearest designated cluster, the staff recommends denial of this petition. April 21, 1976 (Regular meeting - Night ) i 63 Mr. Tucker then stated that the Planning Commission recommended approval with the following four conditions: 1. Approval of appropriate state and couhty agencies; 2. Four off-street parking spaces to serve the two-family dwelling; 3. Health department approval; 4. Health statement received from Mrs. Gibson's docto~ Mr. Roudabush asked if a special permit is issued to the'applicant only or if it runs with the land. Mr. Tucker said the County Attorney said the permit ru~s~,~it~h..~e.-land.becaus~ it could not be defended in court if issued to the applicant only. Mr. Marvin Gibson was present in support of his petition. a letter from his wife's doctor stating her health condition. letter. He presented to the Board The Board members read the The public hearing was opened, but no one spoke for or against issuance of this permit. At this time, motion was offered by Mr. Henley to approve SP-08-76 with the Planning ~o~,~.sston s reco ~mmend.ations:~ Dr. Iachetta seconded the motion and vote was carried as f~t~ows: .N~ys~.AYES None. Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta, and Roudabush. No~ ~5, SP-10-76. #166, To locate an a~dition~to a fraternal lodge o~ on south side of Route 609 about one-half mile west Parcel 2B~ White Halt District. The Junior Order United Ame~'ican Mechanics, Free Union Council · 2 acres zoned A-1 Agricultural. Propert of Route 665. County Tax Map 29, Mr. Tacker read the staff report' "The area is rural in nature'with wooded areas pasture to the south. The building is clearly visi~ west. The applicant informed the staff that activity night meetings per month of the Order and dances ev~ is a poll for a voting precinct and is used for oth~ to the north and east-of the site and .le from seven single-family homes to the at the existing structure consists of two ry other week. In addition, the building ~r community activities. The proposed addition would add seaiing capacity for seventy people. Approval of this petition would bring the existing use in conformity with the zoning ordinance. The Planning Commission recommended approval of this petition subject to the following conditions: 1. Approval of appropriate state and local agencies; 2. Review of proposed addition and existing structure by Albemarle County Fire Marshal; 3. Parking and access - egress to be approved by staff; 4. Screening from single family uses to the west and Route 609 to be determined by the ~taff." Mr. Curtis Wood, was present representing the Order. He stated the council is opposed to screening with white pines four feet tall on 10 foot centers. Mr. Roland Via presented to the Board a petition signed by ten adjacent property owners who did not feel it necessary to have screening surrounding the lot. He also had a letter which was submitted by a property owner who owns property between the hall and his house. This property owner was opposed to the screening. No one else rising to speak, the public hearing was closed. Mr. Henley offered motion to approve SP-10-76 with the Planning Commission's recommenda- tions e~m~inating condition 4. Dr. Iachetta seconded ~the motion and vote was recorded as follows' AYES: NAYS: Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta, and RoudabUsh. None. No. 6. The Albemarle County Planning Commission adopted a resolution of intent to amend the Albemarle County Zoning Ordinance to include "Article 7.1, Commercial Office Distri~ CO." The purpose 6f this zone is designated primarily to accommodate transitional land uses between commercial activities and residential land uses, and shall be limited to offices for business and professional use and other similar uses which are not characterized heavy trucking or by other nuisance factors. Mr. Tucker said the Plannin~ Commmission recommended the amendment with the following wording: "Articl~ 7.1 Commercial Office District CO For state law as to authority of board of supervisors- to establish commercial'zoning districts, see Code of Va., Section 15.1-486(a). Section 7.1-1. Purpose This district is designed primarily to accOmmodat.e transitional land uses between commercial activities and residential land uses, and shall be limited to offices for business and professional use and'other similar uses which are not characterized by heavy trucking or by other nuisance factors. 164 April-21, 1976 (Regular meeting - Ni h~ Section 7.1-2. Uses--Permitted by right The following ~ses shall be permitted by right: (a) Banks and savings and loan institutions. (b) Churches. (c) Medical centers. (d) Libraries. (e) Off-street parking as required by this ordinance. (f) Offices for business and professiona} use. (g) Underground public utilities: Lines, transformers, pipes, meters, and related or similar facilities; water and sewerage distribution lines; telephone exchange and dial centers, offices. (h) Fi~e and rescue stations. (i) Establishments limited to the filing of prescriptions and the sale of pharmaGeutical and similar supplies, not exceeding two thousand square feet in gross sales floor area. (j) Educational institutions. (k) Nursery schools. (1) Day nursery. Section 7.1-3. Uses--Permitted by special use permit. The following uses may be permitted by special use permit: (a) Construction facilities, temporary, in accordane, e with the definition of construction facilities contained in Section 16-21. (b) Hospitals. (c) Funeral homes. (d) Public utilities: (e) (£) Public water and sewe~ transmission mains or trunk lines and treatment facilities, pumping stations; electrical power transmission lines and towers, oil and gas transmission pipelines and pumping stations, unmanned telephone exchange centers, microwave and radio wave transmission and relay towers and substations. Clubs and lodges, civic, fraternal and patriotic. Uses permitted in Sections 7.1-2 and 7.1-3 occupying buildings whose height is in excess of forty feet in accordance with Section 7.1-7(a) of this Article. Section 7.1-4. Area requirements. (a) Minimum lot size: No regulation except setback, yard and height regulations and for those uses not served by a public sewer system and a public Water supply. The required area for such use shall be approved by the health officer. The administrator may require a greater area if considered necessary by the health officer. (b) Maximum percent lot coverage: Eighty percent. S~ction 7.1-5. Setbacks. All structures, except signs advertising sale or rent of the property, shall be located fifty feet or more from any street right of way or one" foot for each one foot of building height, whichever is greater. Section 7.1-6. (a) Yards. Side. The minimum side yard adjoining or adjacent to a residential or agricultur'e d. is.t:~&¢~t.>shall be fifty feet. Rear. The miaimum rear yard adjoining or adjacent to a residential or agriculture district shall be fifty feet. Section 7.1-7. Heights. (a) There shall be a maximum height limit for permitt-ed buildings of forty feet; provided, that the Board of Supervisors may, by special permit, authorize buildings in excess of forty feet up To a maximum of 60 feet in height. April 21 1976 (Regular meeting - ' Night ) (c) permitted up to thirty feet above the permitted maximum height of the building. Parapet walls may be up to four feet above the height of the building on which the walls rest. No accessory structure which is within ten feet of any lot line shall be more than one story high. All accessory structures shall be less than the main structure in height. Section 7.1-8. Accessory Structures. (a) Accessory buildings' aggregate area shall not exceed twenty-five percent of the site which is not occupied by the primary building. (b) Accessory buildings shall not be located closer than twenty-five feet to .any side or rear property line when adjoining or adjacent to a residential or agricultural district. Section 7.1-9. Minimum Off-St-r. eet Parking. Minimum off-street parking requirements shall be as set forth in Section 11-7. Section 7.1-10. Signs. Requirements for signs shall be as set forth in Article 15A. Section 7.1-11. Screening; Landscaping. (a) Permitted uses shall be conducted wholly within a completely enclosed building or within an area enclosed by such fencing or screening as the planning commission shall recommend in order to effect the purposes of this ordinance. (b) Landscaping may be required within an established or required front setback area. 'The plans and execution must take into consideration traffic hazards. Landscaping may be permitted up to a height of three feet within fifty feet from the corner of any intersecting streets. (c) Sufficient area shall be provided to adequately screen permitted uses from adjacent residential districts and for off-street parking of vehicles incidental to the business, its employees and clients. Section 7.1-12. Site Plan Approval. Site plan approval requirements shall be as set forth in Article 17." * * * * * * * * * * Also, to amend the definition section of the Zoning Ordinance with the definitions as set out below: "16-30.1. Educational Institution. A place for systematic instruction in any branch or branches of knowledge; a school. 16-58.1. Medical Center. Establishment wherein medical care is provided on an out-patient basis, as distinguished from a hospital or a professional office. 16-64.1. Nursery School. A school designed to provide daytime instruction for two or more children from 2-5 years of age inclusive, and operated on a regular basis. 16-23.1. Day Nursery. An agency, organization, or individual providing daytime care of six or more chil4ren not related by blood or marriage to, or not the legal wa~ds or foster children of, the attendant adult. ,, , * * * * * * * * ~ * At this time, the public hearing was opened. Mrs. Dorothy Spiedel, representing Citizens for Albemarle, said "the commercial office zone would be an important planning tool to add to our present ordinance. It would be an appropriate zone to act as a buffer between our present B~I zone and residential zones. The Planning Commission has recommended a height limitation of forty feet by right and higher by special permit. On reflection, we feel that the height limit by right ought to be the same as in the residential zones, RS-l, R-I, and R-2, and that is thirty-five feet. If a 'higher building is wanted and appropriate, the special permit approach could be used. Please consider this change to thirty-five feet. Aside from this, we heartily support this new zoning." Mr. Tucker read the following letter from the League of Women Voters' April 21, 1976 (Regular meeting - Night ) "April.! 21, 1976. TO: RE: Albemarle County Board of Supervisors Commercial Office Zone We are pleased that you are considering amending the zoning ordinance with a C~mmercial Office zone. As we have said numerous times in the past, the flexibility offered by a variety of commercial zones is essential to managing the County's growth effectively. Protection of existing residential areas is an important goal and one which will be made easier with this transition zone. There are many places ~here some of the uses allowed in the B-1 Business Zone would be inappropriate. Therefore, there is a real need for this more limited commercial zone, and we urge its adoption. (Signed) Kathryn H. Gilman 2nd Vice President -Couniy" At this time, the public hearing was closed. Mr. Roudabush felt it would be difficult to require people to go through the special permit process for pole lines. This will involve public service organizations. He supporte, the ordinance as presented but striking the word "underground" in Section 7.1k2(g) and inserting "poles" before "lines". The remainder of the Board concurred. Discussion followed in regard to the height limitations. The consensus of the board was that thirty-five feet should be set rather than the forty as proposed by the Planning Commission. At this time, Mr. Roudabush offered motion to amend the~Zoning Ordinance by the inclusi. of Article 7.1, but with the following sections'_~ha~ged to read as set oht below: Section 7.1-2(g) Public utilities: Poles, lines, transformers, pipes, meters, and related or similar facilities; water and sewerage distribution lines; telephone exchange and dial centers, offices. Section 7.1-3(f) Uses permitted in Sections 7.1-2 and 7.1-3 occupying buildings whose height is in excess of thirty-five feet in accordance with Section 7.1-7(a) of this Article. Section 7.1-7(a) There shall be a maximum height limit for permitted bU~lding~s of thirty-five feet; provided, that the Board of Supervisors may, by special permit, author£ze buildings in excess of thirty- five feet up to a maximum of 60 feet in height. Mrs. David seconded the motion and same carried as follows: AYES: NAYS: Mrs. David and MessrS. Dottier, Fisher, Henley, Iachetta and Roudabush. None. No. 7. The Albemarle County Board of Supervisors adopted a resolution of intent to amend the Albemarle County Zoning Ordinance, Section 18-3-~, Article 18, Scenic Highway Designation. Thi~ amendment deals with permitted parking along a designated scenic highway. Mr. Tucker read the Planning Commission's recommendation: (A) In order to permit adequate screening, no parking shall be allowed within fifty feet of the right-of-way of any designated scenic highway or Virginia byway on land zoned Commercial. (B) On land zoned Ind-ustrial, no parking except visitor parking, shall be allowed closer to the right-of-way of any designated scenic highway or Virginia byway than the side of any building facing any such highway. Visitor parking shall not be allowed within fifty feet of the right-of-way. The public hearing was open~d~and_a.member of the Scenic Roads Committee of Citizens for Albemarle recommended adoption of this amendment~ No one else spoke and the public hearing was closed. Motion to amends, the Albemarle County Zoning Ordinance in Section 18-3-~ as-~recommended by the Planning Commission was offered by D~. Iachetta. Mr. Dorrier seconded the motion and same carried as follows: AYES: NAYS: Mrs. David and ~essrs. Dorrier, Fisher, Henley, Iachetta, and Roudabush. None. Mrs. Martha Selden, member of the Scenic Roads Committee, was present~ to urge the Board to consider the designation of Route 250 West as a scenic highway as soon as possible. Dr. Iacheita offered the following resolution for adoption: BE IT RESOLVED that the Board of County Supervisors of Albemarle County, Virginia, intends to designate U. S. Route 250 West from the City limits to the Nelson County line as an Albemarle County byway. n April 21, 1976 (Regular meeting - Night ) 167 The foregoing motion was seconded by Mr. Dorrier and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta, and Roudabush. None. No. 8. The Albemarle County Board of Supervisors adopted a resolution of intent to amend the Albemarle County Zoning Ordinance by ~he inclusion in the A-l, RS-t, R-l, R-2 and R-3 districts, Section 2,1-27, 3-1-15, 4-1-14, 5-1-17 and 6-1-22, respectively, a us~ reading "accessory tourist lodging'by permit issued by the Zoning Administrator for successive periods of six months pursuant to fire and safety regulations promulgated by the Albemarle County Fire Marshal~and to include in Article 16 a new definition, 16-2-1 reading: "ACCESSORY TOURIST LODGING." Mr. Tucker read the Planning staff's recommendation for this amendment to the Zoning Ordinance: "At the onset of consideration of "accessory tourist lodging" for the Bicentennial year of 1976, the staff was under the impression that this increased tourist lodging could be provided for by enactment of an emergency or other temporary ordinance. Since that time, the County A~torney_has informed the staff that this cannot be accomplished on a temporary basis, but must be an amendment to the Albemarle County Zoning Ordinance. Amendment of the Zoning Ordinance, found to be legally so~nd, is permanent unless repealed. Recognizing that repeal cannot be guaranteed, the staff has evaluated these proposed amendments as having ~ermanency. Upon consultation with the Virginia Department of Health, the staff was informed that approval by permit from the Bureau of Tourist Establishment' Sanitation would be required. Since "accessory tourist lodging" is proposed as a use by right in the various zones, review would be by the County Fire Marshal and the Virginia Department of Health to determine the capacity for transient occupants on an individual basis. Objections of adjacent property owners ~would not be entertained. Motels and inns are by .special permit in the A-1 zone. No provision~ either by right or by special permit, exists for any type of temporary lodging or transients in the RS-I, R-I, and R-2 residential zones. Rooming and boarding houses and tourist homes are permitted by right in the R-3 residential zone. Since these are more intensive uses than the proposed "accessory tourist lodging" the staff finds no conflict. The Zoning Ordinance is, by nature, intended to provide stability and to be enduring in order to accomplish the statements of intent of its various zone~. The staff feels, the Zoning Ordinance should not be subjected to temporal concerns and t~erefore recommends against these amendments. If the Planning Commission supports these amendments to the Zoning Ordinance, the staff recommends that "accessory tourist lodging" would be appropriate to the R-3 residential zone only. Further, the staff recommends that the Commission adopt a resolution of intent to review these amendments for the purpose of repeal no later than one year from their effective date." Tucker said the Planning Commission by a 6-3 vote recommended approval as follows: "1. Include in the A-i, RS-I, R-I, R-2, and R-3 districts (as Section 2-1~27, 3-1-15, 4-1-14, 5-1-17 and 6-1-22, respectively, uses permitted by right) a use reading: accessory tourist lodging by permit issued by the Zoning Administrator for successive periods of twelve months pursuant to fire and safety regulations promulgated by the Albemarle County Fire Marshal and subsequent to approval by permit of the Bureau of Tourist Establishment Sanitation of the Virginia Department of Health." 2. Include in Article 16 the new section 16-2-1 reading: "Accessory Tourist Lodging: One or more rooms, located within a single-family dwelling which is actually used as such, which rooms are used, secondarily to such single-family use, for the temporary accon~nodation of transients in return for compensation, whether or not such rooms are used in conjunction with other portions of such dwelling." Mr. Tucker then stated that in separate action, the Planning Commission adopted a resolution of intent to review these amendments during the month of January, 1977, for possible repeal. They also recommended that this resolution be placed on all permits issued by the Zoning Administrator for accessory tourist lodging. They a~so recommended that some type of reasOnable license fee be considered by the Board of Supervisors. At this time, the public hearing was opened. Mr. Robert McGill, resident of Albemarle County, was present in support of the amendment He said this would help to cover the deficit, in tourist housing expected this summer. Ms. Beth Ogilvie expressed her concern over the permanency of this amendment. Also, about signs designating these lodging houses and felt a limitation is needed on the number residing in any house and the parking required. Ms. Joyce Carton was present in support of the amendment. She said the organization she represents anticipates no signs. There will be only one visiting family ih~."a~:hOm~-s9~ there can be no more than two cars. At present, most of these places are presently rented by students in R-1 zones with no regulations. No ~ne else rising to speak, the public hearing was clesed. 168 April 21, 1976 (_Regular meeting Night ) Dr~ Iachetta moved at this time to amend the Albemarle County Zoning Ordinance as set out above and recommended by the Planning Commission. (A license fee was not a part of the motion.) Mr. Henley seconded the motion and same was carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta, and Roudabush. None. No. 9. Review an amendment to the final site'plan of Four Seasons Mall as originally approved under Conditional Use Permit lll. The proposed amendment involves the addition of gasoline pumps to the Lucky Seven Convenience Store. Mr. Roudabush abstained from discussion of this matter since his firm was involved in drawing the original site plan. Mr. Dottier also abstained because he is a member of the law firm that represents Mr. Craig. Mr. Tucker read into the record the following history of the Lucky Seven Site Plan in Four Seasons Mall~ Site Review Meeting - November 6, 1975 Planning Commission Meeting - November 18, I975 - deferred to obtain more information concerning Four Seasons commercial area. Planning Commission Meeting - December 9, 1975 - deferred for applicant to submit a revised plan of the parking area for the market which shows how circulation through the pump island will affect the existing parking spaces, and how stacking space for three cars in each direction would affect the through-traffic driveway and people trying to park next to the building. Also requested to show existing contours for parking lot. Planning Commission Meeting - January 20, 1976 - approved (3-1 vote) subject to the following conditions: 1. Fire marshal approval; 2. Islands With landscaping to be installed as shown on the site plan and on the rendering which was presented at the meeting, with the approval of the Planning Staff (Two islands adjacent to the pumps and one adjacent to spaces numbered 23 and 15); 3. AIL~arking spaces to bemarked with white lines on site; 4. Conc~e,te~slab under pumps. January 26, 1976 - Request by Messrs. Russell and Gaylord for review by Board of Supervisors. March 10, 1976 - Board of Supervisors instructed Planning Department to advertise as an amendment to the original site plan of Four Seasons the request for the Lucky Seven gasoline pumps, to be heard on April 21, 1976. Mr,, Tucker then stated that on March 16, 1976, Mr. St. John wrote the following letter to the Planning Department: "March 16, 1976 Mrs. Mary Joy Scala Planner 411 East High Street Charlottesville, Virginia 22901 RE: Da!ey Craig site plan -- Four Seasons (Our File #A.C. 76-201B) Dear Mrs. Scala: I have a message f~om your office stating that Mr. Daley Craig wants a letter from you, stating as follows: What is the purpose of the upcoming hearing on April 21: What is the County's position as to his rights in the commercial area of Four Seasons; are all B-1 uses permitted? What is the procedure for a change in use in a commercial area? I will answer these questions in order: 1. My understanding of the purpose of the upcoming hearing on April 21 is to allow Mr. Craig to present evidence, at a duly advertised public hearing, for his proposed change in !he final site plan for The commercial area of Four Seasons, so as to allow gas pumps where none were shown on the final site plan as originally submitted. 2. The County's position as to an applicant's rights in connection with the commercial area of a planned unit development is that the reviewing and approving body has the right to approve or disapprove any specific proposed use; that is to say, the designation of a commercial area in a preliminary site plan does not give the applicant the absolute right to put any B-1 use in this area, but to the contrary, the reviewing and approving body has the power to control the particular B-1 uses which are allowed in that area. 3. The procedure for a change in use in this commercial area is the same as for any other amendment to a final site plan filed pursuant to a special use permit or, formerly, a conditional use permit. April 21, 1976 (Regular meeting - Night ) You may furnish Mr. Craig or his attorneys, or any other interested person, with a copy of this letter. Sincerely yours, (Signed) George R. St. John County Attorney" Mr~ Fred Russell, adjacent property owner, was present. He said he had presented to an earlier Planning Commission meeting a petition signed by 71 residents of the immediate neighborhood which reads, partially, as follows: "The installation of gas pumps and equipment at 'this location will not only be dangerous to vehicles and pedestrians alike, but it will be unsightly on Four Seasons Drive, be a general noise, oil and dirt nuisance, and be d~sruptive ~o the planned integrity of the community. The installation will also be unnecessary and most l~kely will prevent the southerly corner of Four Seasons Drive and Rio Road, already properly planned with a full-scale gasoline service station hlaving direct access on Rio Road, from being used for that corner's planned purpose. Even without developmen~ of the latter corner, gasoline is presently available approximate]-~y one city block to the south at the intersection of Hydraulic Road and Rio Road." Mr. Russell also presented to the Board photographs showing the present condition of the parking lot and the severe slope on which parking is permitted. The slope is over 10 degrees and therefore is inadequate for parking. If parking spaces are reallocated to the S~ven Day store, the Japanese Steak House has inadequate parking and he objected to this. Mr. Russell gave also the fo'llowing reasons for his objections: (a) the site plan provides parking spaces at locations which are unsafe, inaccesibl~e, or prohibited by fire regulations; (because block attendant's view) (b) ~'he site plan incorporates as a portion of the required parking spaces a number of spaces which heretofore have been used by the restaurant operated by the ~apanese Steak House of Four Seasons, Inc.; (c) the site plan does not provide a sufficient number of parking spaces; (d) the site plan~ causes dangerous congestion among the parking, the driveways, the delivery entrance, and the gas pumps; (e) the site plan does not comply with fire codes and regulations regarding an attendant on duty, fire exits away from gas pumps, dust-free surfacing, gasoline-separator drain~ placement of gas storage tanks, gas unloading area, and fire retarding materials; (f) the site plan fails to provide any screening between neighborhood residences and the sight, soun~ and.dirt generated in operating gas pumps; (g) the site.plan~ fails to provide a paved surface which can be swept with a broom; and (h) the site plan generally is contrary to the health, safety and welfare of the general public including the residents of Four Seasons. (i) the construction of the gas pumps described in the proposed site plan will be in violation of the Albemarle County Zoning Ordinance as well as applicable fire codes and regulations and will be contrary to the public health, safety and welfare. Also, present in oppositioniwas a Mr. Gaylord. Mr. Fisher asked Mr. Russell if he were suggesting that the pumps will be ~n the right of way of the road. Mr. Craig responded by saying there ~s not a defined road. Dr. Iachetta said it is not a state maintained road; just a parking lot. Ail businesses have access to existing parking spaces. Mr. Fisher read from-~two petitions, one in support signed by customers of Lucky Seven Food Stores wanting gas pumps, and one in opposition signed by residents of Four Seasons. Mr. Craig said the original site plan has been revised several times. The original plan showed a service station on the corner of Rio Road and Four Seasons Drive. This request is to amend that site plan by now installing gas pumps and service island at the Lucky Seven Store site. This is a much safer location. The £ire marshal has a requirement for the slope. The area must be flat, it must be paved with concrete and the cashier must have an unobstructed view of the area. Mrs. David said she was impressed with the point that at the present the area set aside for the filling station is wooded and if it remains that way it makes the area more attractive. She feels that having a filling station right on the road is not a good idea due to traffic going in and out. Mr. Craig said it is his desire that the wooded area adjoining the service s~ation remain wooded. 1 ?0 April 21, 1976 (.Regular meeting - Wi ~t ) Dr. Iachetta said he has walked the site and feels that the original site plan is far superior to that presented tonight. Mr. Ostrander, a resident of Four Seasons, spoke in opposition. He said when most of the homeowners bought in Four Seasons, they saw a lovely plan laid out for a planned unit development which did not include a filling station. There is a danger in putting a filling station at this point because there is a direct incline going straight down the parking lot across the culvert, across Four Seasons Drive and into Lake Forest Drive. If a natural disaster occurred and the tanks ruptured~ a'~flow of gasoline would flow unrestricted down the street. The people signing the petition in support of this request have no concept~ ~n of the danger. He felt this risk should not be taken where an incline makes the risk g At this time, the public hearing was closed. Dr. Iachetta said he has mixed emotions about this request. He cannot accept the concept that this is a country store since the building of Four Seasons created city in that area. After weighing the homeowners rights, he feels the homeowners bought in this development with the concept that they would have a chance to see~such proposed changes. At this point, Dr. Iachetta moved to deny Mr. Craig's request and to adhere to the original basic site plan. Mr. Henley seconded the motion and same carried by the vote which follows: AYES: Mrs. David and Messrs. Fisher, Henley and Iachetta. NAYS: None. ABSTAINING: Mr. Dottier and Mr. Roudabush. No. 10. SP-16-76. Mrs. Kinza DeLaunay. To locate a two-family dwelling on 2.09 acres zoned A-1. Property on northeast side of Rt. 660 in Arbor Park Subdivision. County Tax Map 44A, Parcel ll, Jack Jouett District. Mr. Tucker read the staff report into the record: This area is rural in nature with seven single-family dwellings located within Arbor Park Subdivision which contains lots ranging in area from 2.0 acres to 9.93 acres. The plan recommends agricultural uses in this area (1 dwelling unit per 2 acres). The dwelling presently owned by the applicant is in violation due to its use as a two-family dwelling. The applicant is requesting a special use permit in order to come into compliance with the zoning ordinance. It is the policy of the County to allow two-family dwellings only in community or village clusters as designated in the Comprehensive Plan. This area does not fall within one of these clusters. The deed restrictions for Arbor Park do not permit apartments or duplexes. The staff is of the opinion that this two-family dwelling would not be in character with this subdivision and would set a precedent in the area; also this duplex would not be in conformance with the county's policy on these matters nor the deed restrictions of this SubdiviSion~and the staff therefore recommends denial. Mr. Tucker stated there were numerous letters from property owners in Arbor Park who are opposed to this special permit. (These are on permanent file in the Clerk's Office.) He stated the Planning Commission also recommends denial and they ask that the B~ard petition the County Attorney to intervene in this matter and take legal action, if necessary to insure compliance with the Zoning Ordinance immediately. Discussion followed on the deed restrictions in Arbor Park. Mr. Bowling informed the Board that some of the owners in Arbor Park had taken legal action against the applicant based on this restriction in the deed. He felt this was not the Board's concern. At this time, the public hearing was opened. No one was present to speak for the applicant, but the Board continued because of the number of persons present to speak on this application. Mr. Sam Cleveland, who owns property across the street from the applicant, was present in-opposition of the request. He noted that this building was completed a year or more ago. The house is located in a cleared area thus having no camou£1age. The issue is not the deed restrictions in Arbor Park but reinforcement of the Zoning Ordinance thus ensuring compatibility for the residents. Mr. Forrest Voight, president of the Arbor Park Association, explained that the applica~ t had changed her construction plans without the zoning department being aware of these. She had different plans from the ones she'had submitted originally. He asked that-this special permit be denied. Mr. Earl Welch, brother to the developer of this subdivision, Parker Welch, spoke next in opposition to the special permit. He said that when she bought the lot, she was given a copy of the restrictions. She was also reminded of these while the house was being built. At this time, the public hearing was closed. Mr. Fisher noted that the Zoning had b~en active in this matter. He said several letters were on file indicating the zoning administrator had given the applicant every opportunity to file for a special permit before processing the violation. If this special permit is denied and the building is stili used, the zoning administrator will have no recourse other than to follow-up the matter without any special action being required of the Board. At this time, Mrs. David offered motion to-deny request for SP-16-76 since it is not in compliance with the Zoning Ordinance. She noted that the applicant had been unwilling to cooperate in anyway thus giving the Board no~choiee but tO deny this request. Dr. Iachetta seconded the foregoing motion and same carried by the f~llowing recorded vote: AYES: NAYS: Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta, and Roudabush. None. ator April 2~,L1976 (Regular meeting - Night) ~1~_~_! 22~ 1976 171 .... At this time, Dr. Iachetta offered motion to reappoint Mr. Morton To serve another term on the Piedmont Virginia Community College Board; said term expiring on June 30, 1980. Mr. Dottier seconded the motion and same carried by the following recorded vote' AYES: NAYS: Mrs.~ David and Messrs. Dottier, F~s.h~r.,~-'H~enley, Iachetta, and Roudabush. None. At 11:30 P.M. Dr. Iachetta offered motion to adjourn thi~ meeting until 9:00 A.M. on April 22, 1976, in the Federal Court, Post Office Building. Mr. Henley seconded the motion and same carried by the vote which follows' AYES: NAYS' Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta, and Roudabush. None. ~HAIR~ An adjourned meeting of the Board of Supervisors O~ Albemarle County, Virginia, was held on April 22, 1976, at 9:00 A.M. in the Federal Court, Post Office Building, East Market Street, Charlottesville, Virginia. Present: Mrs. 0pal D. David and Messrs. Lindsay G. Dorrier, Jr. (Arriving at 4:50 P.M.), Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta and W. S. Roudabush. Absent: None. The Board convened at 9:00 A.M. and immediately recessed for the trial. At 4:30 P.M., the Board reconvened and upon motion by Mr. Henley, seconded by Mrs. David, adjourned into executive session to discuss litigation. Also present at this meeting, ~er~Lformer Board members Messrs. Stuart F. Carwile, William C. Thacker, Jr., Gordon L. Wheeler, Lloyd F. Wood, and the County Attorney and his staff, George R. St. John, James V. Bowling, IV and Frederick W. Payne. Mr. Dorrier arrived at 4:50 P.M. Messrs. Carwile, Thacker, Wheeler and Wood left the meeting at 5:00 P.M. The Board reconvened into open session at 5:30 P.M. and recessed this meeting until Monday, April 26, 1976, at 8:30 A.M. in the Federal Court. On April 26, 1976, the Board convened at 8:30 A.M. in the Federal Court and immediately recessed for the trial. At 10:30 A.M. the Board reconvened and motion was offered by Mr. Henley, seconded by Mrs. David, to adjourn into executive session to discuss litigation. The Board reconvened at 10:45 A.M. and returned to the trial. At 11:00 A.M., the case was dismissed and the meeting was recessed until 8:30 P.M. on April 26, 1976. At 8:30 P.M., on April 26, 1976, the Board of Supervisors held a session, adjourned from earlier in the day, in the Board Room of the County Office Building, Charlottesville, 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. Absent: None. Officers present: St. John. County Executive, Guy B. Agnor, Jr. and County Attorney, George R. The meeting was called to order at 8:33 P.M. by the Chairman. Mr. Fisher said the Board had been in Court most of last week and again today on the issue of a special permit appli- cation for areas of land near the South Rivanna River Reservoir. He made the following statement on behalf of the Board: "The first application Mr. Fleming made was in the latter part of 1974. This was acted on by the Board in 1975 and was denied on the basis of a density of 6.7 dwelling units per acre. The applicant refused to consider a density of 2.5 dwelling units per acre; which was essentially offered to him at that time. After that denial, the applicant brought suit in Federal Court against the Board of Supervisors. Later a Not Docketed. Mr. Fisher noted he had received a letter from Harold S. Morton, who is on the Board of Directors for Piedmont Virginia Community College, whose term expires on June 30, 1976. Mr. Morton had indicated his willingness to serve another term.