1975-03-05 - 0-75 (Day)
Mr. Thacker suggested back-to-back meetings over a period of one or two weeks and conclude
the work sessions by mid-March. It was suggested by Mr. Wheeler to hold the first budget work
session on March 6, 1975, at 7:30 in the County Office Building to discuss Revenues and the
County School Board budgets, and he requested the Clerk to notify all personnel involved in
these budget discussions.
Miss Neher pointed out to the Board that the meeting on March 5, 1975, will have to be a
"Special Meeting", and appropriate letters will have to be signed by two supervisors. She
stated that the reason the March 5 meeting will have to be a special session is because the
February 26th meeting is not cancelled until the day of the 26th.
Mr. Wheeler stated that he and Mr. Carwile would sign the letters to hold a special
meeting on March 5, 1975, at 4:00 p.m.
Meeting was adjourned at 12:35 P.M.
Regular meeting of the Board of Supervisors scheduled for 7:30 P.M. on February 46, 1975,
was cancelled by the Board onJ~Y ~, 1975. Several members of the Board will be out of
town on that date. This meeting was rescheduled for March 5, 1975.
3-5-75
Pursuant to the following notice which was hand delivered on February 28, 1975, the Board
of Supervisors of Albemarle County, Virginia, met in special session at 4:00 P.M. on March 5,
1975, in the Board Room of the County Office Building, Charlottesville, Virginia, .with the
following members:
Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker,
Gordon~L. Wheeler and Lloyd Fo Wood, Jr.
Absent: None.
Officers present:
St. John.
County Executive, T. M. Batchelor, Jr., and County Attorney, George R.
"This is to give notice of special meeting called by Mr. Stuart F. ~arwile and Mr.
Gordon L. Wheeler for the purpose of discussing the following items:
!- Charge the Resource Recovery Study Commission with their duties.
2- Appoint a Leaf Committee.
3- Hear a report from the Fire Station Committee.
4- Hear a report on Zoning'Violations for January, 1975.
5- Hear a report from the committee studying use of the Elk's Building as a
Juvenile Court Facility.
6- Make certain real estate tax refunds.
7- Hear a request for a restricted road for the Mary White Estate.
8- Make special appropriations for the purchase of the Library site and the
Bicentennial Utility lines.
9- Hear a request from the developer of Brookwood Subdivision for a waiver of
minimum lot requirements.
10-Hold a public hearing on SP-443, Innesfree, Inc.
ll-Hold a public hearing on SP-446, Holy Comforter Church.
12-Hold a public hearing on ZMP-316, Holy Comforter Church.
13-Hold a public hearing on an amendment to the Zoning Ordinance relating to home
occupations.
14-Hold a public hearing on an amendment to the Zoning Ordinance relating to
go-cart and trail bike tracks.
15-Hold a public hearing on an amendment to the Zoning Ordinance relating to
retail sales and service of fire extinguishers and safety and security
products.
"Messrs. Carwile and Wheeler have asked that this meeting be held at 4:00 P.M. on Wednesday,
March 5, 1975, in the Board Room of the County Office Building, Charlottesville, Virginia. The
Board will adjourn to the Courthouse for those matters which are the subject of public hearings."
The first item on the agenda was a meeting with the recently appointed Resource Recovery
Study Commission. Opening remarks were made by Dr. Frank Hereford, President, University of
Virginia; Charles R. Barbour, Mayor, City of Charlottesville; and Gordon L. Wheeler, Chairman,
Board of Supervisors. Members of the committee present were: C.E. Anderson, Lawrence Brunton
and Polly Buxton, City appointees; Preston A. Coiner and Darlene S. Samsell, County appointees;
John E. Gibson and Henry L. Kinnier, University of Virginia appointees. Absent were: Robert
Hogue, County appointee and Joseph E. Gibson, University appointee. Mr. Wheeler noted the
following charge which was presented to the Commission in writing:
"The primary objective of the Resource Recovery Study Commission is the
exploration of some system whereby potential energy and/or salvageable
materials may be recovered from the solid wastes that are generated by
the Albemarle-Charlottesville area, on an economic basis. In particular,
the feasibility of energy recovery use by the University of Virginia is
of primary interest. Phase one of this task should include the following:
"An investigation of the various forms of resource recovery and energy
recovery now in use in this country and abroad that have been in
operation for a sufficient period of time to provide reliable data
on the economics of the project. Information on these projects is
available from the Environmental Protection Agency, the American
Public Works Association, and possibly the Solid Waste and Vector
Control Division of the State Department of Health.
"An assay of the solid waste generated in this community to determine
quantity and composition.
"A canvass of the market for raw materials and energy
"Ascertain what arrangements may be made with private industry or
with a governmental agency, other than the County or City, for the
design, construction, operation and ownership of a resource
recovery system.
"Investigate the compatibility of resource recovery through salvage
with recovery through use of waste as fuel.
"A preliminary report, covering the above and recommending a system
or combination of systems for an intensive study.
"The above mentioned report should be addressed to the University of Virginia,
the City of Charlottesville and the County of Albemarle for their review. These
should thereupon instruct the Commission to proceed with phase two, if they desire
to pursue the matter beyond the preliminary study.
"Phase two should include the following:
A proposed site and customer for the proposed facility.
Cost of implementation: including land, transportation, buildings,
employee training, disposition of residues, etc.
3. Anticipated revenues.
4. Amortized net costs.
Environmental impact including any existing or proposed state
or federal standards which might stop the recovery operation and/or
make it too expensive to operate.
6. Collection and transportation methods required.
"Throughout both phases of its task, the Commission may have at its
disposal a consultant capable of advising the Commission on such technical and
engineering details as may be needed by them for the analysis of the problem.
This consultant shall be engaged and paid by the University of Virginia, the
City of Charlottesville and the County of Albemarle, acting jointly. The
Commission shall have whatever staff of its own as it may require and as agreed
to by the University, City and County.
"In conclusion, a report in depth shall be made to the bodies who have
appointed the Commission."
After brief opening remarks the Commission adjourned to the County Executive's Conference
Room for an organizational meeting.
Appointment to the Leaf Burning Committee was passed over.
AYES:
NAYS:
Motion was offered by Mr. Thacker, seconded by Mr. Wood to adopt the following resolution:
WHEREAS, the Assistant Director of Finance of Albemarle County,
Virginia, has appeared before this Board and certified that certain
erroneous assessments were made on 1971, 1972, 1973, and 1974 real
estate taxes; and
WHEREAS, the Counvy Attorney has examined supporting evidence
and consents that such assessments were erroneous;
NOW, THEREFORE, BE IT RESOLVED that pursuant to the Code of
Virginia, Section 58-1142, the Board of Supervisors of Albemarle
County, Virginia, does hereby direct the following refunds be made:
Mae H. Catterton, $34.78
Development Corporation of Virginia, $150.96
Paul E. and Lillian K. Drexler, $250.12
James L. and Joanne B. Stevens, $35.52
George Thompson, for the estate of~Emma Thompson, $35.52
Wilson K. Doyle, $111.74
Robert R. Humphries, $120.48
Stromberg Carlson Corporation, $1,280.10
FURTHER,
filed in the permanent records of the Board of Supervisors.
The foregoing motion carried by the following recorded vote:
Messrs Carwile, Fisher, Henley, Thacker, Wheeler and Wood
None.
all supporting papers verifying this request are to be
3-5-75
AYES:
NAYS:
Motion was offered by Mr. Carwile, seconded by Mr. Fisher, to adopt the following resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia, that $87,376.38 be, and the same hereby is, appropriated
from Federal Revenue Sharing Funds and transferred to the General
Operating Capital Outlay Fund for purchase of a library site for the
Jefferson Madison Regional Library.
The motion carried by the following recorded vote:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood
None.
Motion was offered by Mr. Wood, seconded by Mr. Henley, to adopt the followin~ resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia, that $10,436 be, and the same hereby is, appropriated from
Federal Revenue Sharing Funds and transferred to the General Operating
Fund for expenditures of the Bicentennial Commission.
The foregoing motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
Mr. Hartwell Clarke, Zoning Administrator, was present to. give a cumulative account of
zoning violations through February 20, 1975.
Mr. Wheeler noted that the Board of Supervisors had received a notice that the Chesapeake
and Potomac Telephone Company of Virginia has applied to the State Corporation Commission for an
increase in the local coin rate and for establishment of charges for calls to directory assistance
service. He noted that any interested person may attend a hearing before the State Corporation
Commission at 9:45 A.M. on April 10, 1975. :.
The next item before the Board was a report from the committee appointed to find facilities
for the Juvenile and Domestic Relations Court. (Mr. Wheeler and Mr. ThaCker abstaining on this
matter.)
Mr. J. Harvey Bailey was present and read the following letter from Mr. Don C. Poulson,
Structural Engineer:
"March 5, 1975
"At your request, I investigated the existing structural system of the
B.P.O.E. Lodge on High Street across from the County Office Building. The
intent of this investigation was to determine the type of structural system
used in supporting the first and second floors of this building and analyze
its stability in relation to load requirements required by present codes.
"(1)
Basically, the first floor structure is composed of rough sawn 2" x 12"
(nominal) wood joists spaced and bridged at 16" centers, a maximum span of
20 feet with end bearings on masonry walls and a fabricated heavy steel beam
supported by 4~" steel columns. The joists are covered with 2 layers of
3/4" planks, a layer of asphalt impregnated felt paper and a 3/4" finished
hardwood floor. This structural system is in good condition~ undisturbed,
and complies with present conventional design practice.
"Design computations substantiate the capability of this floor to withstand a
live load of 60 lbs/sq, ft. plus the existing dead load. These also are
the load requirements set forth by the B.O.C.A. Code for a public assembly
area with fixed seats.
"One weak area does exist in the first floor structure which must be accounted
for in the design capacity. That is the area covered by 4 floor joists spanning
from the steel beam west to the basement fireplace. These joists are not
supported at the fireplace cut off by an adequate load bearing system. This
condition would be remedied by building up the west load bearing end by double
or triple joisting the existing load carrying joists and the girder between
these joists or by a post and beam method.
"(2)
The second floor system which presently accommodates Albemarle County
Offices is composed of 18" steel open web joists spaced 2 feet center to
center, with a plywood and tile floor covering. This data was obtained
from a previous study done by Joseph C. Laramore, Architect, in 1963. A
conservative analysis of this system indicates a very adequate load carrying
capacity for the present use subject4d to this system. The same conclusion
applies to that section of the second floor supported by a wood joist system."
Mr. Bailey said one area should be called to the attention of the Board. The BOCA Code
requires a 60 lb/sq ft live load for computing any fixed seat public assembly room. However,
the BOCA Code requires 100 lb/sq ft live load~for courtrooms. Mr. Wood suggested that this
matter be returned to Mr. Poulson for examination on that basis and that the matter be placed on
the agenda of March 6.
Present to speak to the Board was Mr. Lem Coffman, Parents Who Care. He ~said P.W.C. Ere
concerned about certain educational aspects which have developed in Albemarle County. Although
Parents Who Care realizes that the Board of Supervisors has no direct control over the School
Board, Mr. Coffman presented a resolution directed to the School Board and asked for the Board's
adoption of same. The text of the resolution asked the Board of Supervisors to recommend that
the Albemarle County School Board replace the Responding Series with text of unquestionable
~~ ~+~ ,~ ~ ~ ~ ~nn~ ~n~ ~nnn~ th~ ~nbi~ of b~rtb control and
3-5-75
Mr. Henley said he also disagrees with the text of the Responding Series. Mr. Fisher asked
if this request had been made to the School Board. Mr. Coffman said yes. It has been presented
to them several times and at least two times in public. No further discussion was held on this
matter and no action was taken.
Mr. Wheeler noted for the Board that the Department of Highways and Transportion has
scheduled a public meeting for the CulPeper District on March 18, 1975, at 10:00 A.M. in the
Culpeper District Office. He said this meeting is scheduled to specifically obtain citizen advice
in advance of the preparation of tentative allocations for interstate, arterial, primary, and urban
funds for the next fiscal year beginning July 1, 1975.
Mr. Wheeler said a notice had been received from John M. Rasnick, Executive Secretary of the
State Compensation Board, stating that the Compensation Board will meet on the first day of April,
1975, beginning at 8:00 A.M. to hear requests for salary and expenses for the fiscal year beginning
July 1, 1975~
Mr. Wheeler said a letter was received from Delegate Thomas J. Michie~ stating that he woUld
appear at the Annual Highway Meeting on March 19, 1975. He also requested an informal meeting of
the Board to discuss findings of the Stuart Commission on City/County relations. The Board being
undecided on.a date for this meeting the matter was deferred.
It was also brought to the Board's attention that the County's request fOr a rezoning of the
McIntire School Property has been scheduled for a joint public hearing of City Council and the City
Planning Commission on Tuesday, March 11, 1975, at 8:00 P.M. in City Council chambers. Mr. Wheeler
requested that all Board members be present for this zoning hearing.
As requested by the Chairman, at 5:15 P.M. motion was offered by Mr. Wood, seconded by Mr.
Fisher to adjourn this meeting until 7:30 P.M. in the Albemarle County Courthouse. The~motion
carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
The Board reconvened at 7:33 P.M. in the Courthouse.
The first item on the night's agenda was a report from the Fire Station Committee. Members of
the Committee present were: Julian H. Taliaferro, Frank W. Shumaker and Richard G. Roane. Mr.
Lloyd F. Wood, Jr. is also a member of the Committee.
Mr. Taliaferro, Chairman, read the following report:
"The recommendations contained in this report have been prepared by a study
committee which was appointed by'the Albemarle County Board of Supervisors. This
committee was charged with the responsibility of determining the need for a fire
station in the Route 29 northern corridor and exploring the possibilities for
improving fire protection services in other areas of the county. We hope that this
report will be of use to the County of Albemarle and that it will be utilized as a
guide for future planning in providing better protection to life and property from
fire.
"In viewing the county fire protection situation the comittee members felt that
the county volunteer companies were providing an adequate level of service; however,
we do see a need for improvements in fire protection services in the urban area that
surrounds the City of Charlottesville.
"In the incipient stage of study the committee utilized a Cost Benefit Study
prepared in April 1974 by Joseph M. Frye, Jr. which addressed the problem of fire
protection and presented four possible plans.
";The four plans were briefly as follows: (1) ~ervice continued at present level;
(2) add one additional engine company; (3) construct a fire station; and (4) lease
fire service.
"Rather than choosing any specific recommendation as presented in the COst Benefit
Study the committee combined Items (3) and (4), and then modified those items into what
we feel is a more comprehensive plan. ·
"We would recommend that the County of Albemarle take the following steps to
improve their fire protection services.
Construct a county fire station in the vicinity of Rio Road and
Route 29 North. Station to be of two bay design, large enough
to accommodate two engine companies and an aerial ladder.
Purchase two 1000 gallon per minute pumpers designed for urban
fire fighting. One unit to be utilized in the proposed station
with the second unit replacing the present piece of equipment
which is housed in the Charlottesville Central Fire.Station.
3. The County of Albemarle would furnish the following personnel:
Engine Company - Proposed Station - 3 on-duty fire fighters.
Engine Company - Charlottesville Central Fire Station -
3 on-duty fire fighters.
For aeria! ladder service the county would fund two on-duty
fire fighting positions.
3-5-75
Recommend that a designated area surrounding the city receive an
automatic response from the closest company and on a structural
fire a first alarm response of two engine companies and one aerial
uni,t.
a. Suggested areas to be covered by this plan.
Route 250 East - Pantops Mountain commercial area.
Market Street Extended
Route 20 - to include Lakeside and Community College area.
Avon Street Extended - commercial area to vicinity of 1-64.
5th Street Extended - Oak Hill and trailer courts and
Stagecoach Road.
01d Lynchburg Road - Sherwood Manor and Country Green complex.
Sunset Road - to 1-64.
Fontaine Avenue - Buckingham and area out to 1-64.
Ivy Road Extended - entire area to Flordon.
Barracks Road - entire area to Colthurst.
Hydraulic Road - nine mile circle area to include all building
complexes.
Rio Road - all subdivisions and Park Street.
Route 29 North - entire area out to Carrsbrook.
Responses for alarms in designated areas would be made by
closest city or county company. Only exception would be to
heavily wooded or otherwise inaccessible areas and in this
situation response would be made by the reserve county
engine company.
County should plan to further develop their fire protection capability,
particularly in the Route 29 North area. We would forecast the need for an
additional company in the proposed station by 1980.
County should increase appropriation to volunteer companies and improve the
present radio communication system.
"Our recommendations have taken into consideration the proposed City of Charlottesville
Number Two Station which is planned for the western pasition of the city. The location
recommended for the proposed county station would complement the prpposed city station and
the two existing city stations.
"We also have given consideration to the administration and control of this operation
and it is felt that the system for the urban area should continue to be directed by the
City of Charlottesville Fire Department. This would provide better manning of companies
for fireground operations, eliminate communication problems between volunteer and paid
units, provide good control of operations through standard operating procedures, and permits
the continuation of a standard training program. ~
"Costs are difficult to estimate at this time due to the present uncertainty over the
Fair Labor Standards Act; however, it is conceivable that the county cost for personnel
could exceed $300,000 annually if these recommendations were implemented.
"We feel that a desirable level of fire safety cannot be provided by a single engine
company operating out of one station. Response times of eight minutes are not uncommon in
the urban area and this is totally unacceptable when viewed in relationship with the time-
temperature curve.
"A response time of five minutes is more realistic and places us below the five minute
time-temperature curve which is the time from ignition until flashover occurs. Prior to
flashover we have a fire that can be controlled with an application of 50 g.p.m, of water
and after flashover we have a fire that will require application of water at a rate of
250 g.p.m, to 500 g.p.m.
"To summarize our report we have cited response time which is an important factor in
any public safety operation and one that is measurable. We also would make reference to
three other specific facts that support the need for improvement of the county fire station.
Responses to the urban area increased 48.84% during the past year·
Building fires increased by 57.14% this past year.
The city was required to make 113 company runs to support the single
county company. An increase of 242% has been recorded in this area
from 1973 to 1974.
"These facts tell us that the city cannot indefinitely continue to support this type
of operation as alarms continue to increase. Ail evidence points to further demands for
service in the urban area which are going to be impossible to provide unless the current
level of service is increased."
Mr. Taliaferro ended the report by saying that the Fire Station Committee asks the Board to
consider the recommendations contained in the report and if more information is needed, the
committee will make a further report at a later date.
Mr. Fisher said with the City's plans to build another fire station on Route 29 North near the
Barracks Road Sho~in~ Center~ he auestions the needs for two stations in the area at this time.
An unidentified gentlemen asked if the commUnity of Berkely will still fall under the juris-
diction of the City fire station on the 250-Bypass even after the City builds their new station.
Mr. Taliaferro said Berkeley is not the responsibility of the City, but is covered by the County
fire truck which runs from the main station on Ridge Street. The committee had hoped to work out an
arrangement whereby the closest fire company would answer a call whether it be in the city or county.
Mr. Wood said the committee discussed all items relating to fire services and they would like to see
a comprehensive plan that would complement overall fire protection. Mr. Wheeler said this may be
the proper time to investigate a full integretation of City/County fire services. Mr. Taliaferro
said this should be investigated. Mr. Thacker agreed that this is a good idea. Mr. Henley felt
strongly that the City and County should work together. He said, personally, he would not support
the County having a paid fire station. Mr. Carwile also encouraged City? County cooperation. Mr.
Wheeler said at t~e intergovernmental level, he will discuss this with the Mayor and City Council
members.
The next item on the agenda was a request for approval of a restricted road to serve nine lots
off of Broomley Road near Flordon for a subdivision plat of the Mary R. White Estate. The land is
presently zoned R-1. The average lot size is 2.1 acres for .a total of 13 lots. These lots will be
served by County water. Entrance to this property is off of State Route 677 through Flordon on
Broomley Road.
Mr. Robert Tucker, Assistant County Planner, was present. He said the Planning Commission
recommends approval of the subject plat with the following conditions attached:
Homeowner's association established to provide for maintenance of
internal roads and joint maintenance of Broomley Road with Flordon
homeowners. Document to be approved by the County Attorney.
2. 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 5p feet width. This
extension of Broomley Road to be constructed to State standards.
Restricted road must be approved by the Albemarle County Board of
Supervisors.
h~5.ho?U~il~t~es?w~ ~ceive final approval when final plat is submitted·
Mr. Wheeler asked if Broomley Road is to be brought into the State system. Mr. Tucker said no,
it cannot be brought into the system until it is brought up to State standards~ At this time it is
a private road. The ~lanning Commission felt the only way to get any State roads in the Flordon
area is through a piecemeal effort. That is the reason they required that the road be brought up
to standard at this time, but to have the road maintained by the homeowners. Farmington owns a
strip of land shown as 2.164 acres on the plat along the existing right of way of Broomley Road.
The Planning Commission felt it would be better to take the additional 20 feet for right of way from
the side of the Mary White Estate rather than as shown on the plat since it would tie directly into
Broomley Road. The Commission understands that Farmington purchased this strip of land as an
additional right of way for future use,
Mr. James Murray, Jr. was present to represent the petitioner. He said the developer has no
control over the right of way into his property, but is agreeable with Condition #1 that a homeowners
association be established to provide for maintenance of the internal roads. This creates a problem
because there is no official homeowners assication in Flordon, only a group of owners who have
maintained the roads in past years. Mr. Wheeler said he has a lot of objections to this petition
since he is hesitant to approve restricted roads when they come directly off of a State maintained
road. Mr. Murray felt Condition #1 would take care of Mr. Wheeler's objection.
Mr. Aubrey Huffman was present. He said this situation is no worse than some County roads
which are State maintained. He said the significant word in the conditions is "County standards"
The County does have the apparatus for a homeowners association to support maintenance of the road.
That is part of the conditions. The petitioner has been required to join with Flordon h~meowners to
maintain Broomley Road from the State right of way back to the entrance to the Mary White Estate.
Mr. Wheeler said Flordon has no homeowners association. Mr. Huffman said they do have an organization
which assesses the homeowners each year for maintenance of the road. Mr. Fisher said if there are
no deed restrictions requiring incorporation of the property owners in Flordon and they do this on a
voluntary basis, this is less acceptable than if there were deed restrictions that set up assessment
and maintenance costs for the road. Without some sort of structure to take out liens against property,
it may be unenforcable and he did not see how the situation can be legally resolved.
Mr. Murray said the Mary White Estate has been burdened by bad planning procedures. The petitioner
is willing to do whatever the Board of Supervisors requires in order to be able to develop this
property. Mr. Fisher suggested that Mr. Murray work out a legally binding agreement with Flordon
property owners and bring this agreement back to the Board for their approval.
Mr. Wheeler felt that the owners of the property across from the Mary White Estate ~ay at some
time in the future want to develop their property with restricted roads and there will be a lot of
development on a road (Broom!ey) that nobody is going to put into the State system. Mr. Carwile
noted that no one can get the roads shown on the plat for the Ma~y White Estate into the State
system because they~ enter a road which is not in the State system. Mr. Fisher said it seems the
only alternative is to build the roads to State standards. Mr. Tucker said they would still be
restricted roads although not build to County standards.
Mr. Huffman asked if they would have to go through this procedure if there were no request for
a restricted road. He felt the subdivision and zoning regulations would give them the right to
subdivide in a certain manner if the roads were built to State standards. Mr. Wheeler said when
they subdivide,a road must be provided and this cannot be done. Mr. Huffman said that is a matter
of opinion. Mr. Wheeler said that was for the lawyers to defend.
Mr. Murray said in the spirit of cooperation, they would go one step further and build the
internal roads to State standards and erase the legal issue. Mr. Wheeler said it would be better to
erase the issue before any work is done. Mr. Thacker said the main point is that the road would be
a private road and privately maintained. Mr. St. John noted that this is the same principal as the
matter which arose last year on roads in Ednam Forest. Mr. Wheeler said there is one difference.
There was a preliminary plat which has been approved on Ednam Forest. There has been no commitment
from the County on this plat.
3-5-75
Mr. Carwile ~asked if the Mary White Estate received the benefit of the 30 foot right,of way
shown on the plat. Mr..Murray said they have 30 feet all the way out to Route 250. Mr. Carwile
asked if this could not be subdivided into two acres lots without coming to the Board. Mr. Tucker
said they could only subdivide along the right of way. No interior lots could be developed. Mr.
Murray said they could develop the four lots shown on the plat the way it is drawn, however, the
plat can be redrawn with pipestem lots and get eight or 10 lots on the same road frontage. The
plan presented to the Board is far. better from a planning point of view.
Mr. Fisher said the main problem is who will maintain the road shown, as well as 2000 or more
feet to the State maintained road. If the~developer Can get legal documents with the owners along
Broomley Road and any other Property owners who abut the road, he may be willing to support the
request.
Mr. St. John asked the original access to the Mary White Estate. Mr. Murray said the ori~nal
access was Broomley Road which was at one time an old country road. Mr. St. John asked if a developer
wanted to develop property 2000 feet down a country road if the Board could not require that the
entire 2000 feet be brought to State standards. Mr. Murray agreed.~ Mr. St. John said this is a
question the County has come close to litigating. Mr. Wheeler said he would not support the request.
Mr. Murray asked if the Board would defer action and allow him time to confer with Flordon property
owners.
Mr. Thacker then offered motion to defer this request until the applicant asks that it be
placed back on the agenda. Motion was seconded by Mr. Fisher and carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
.The next item before the Board was a request for waiver of minimum lot sizes in Brookwood
Subdivision located in Crozet off of State Route 1204. Mr. Tucker said the property is zoned R-1
and is serviced by County water. The expiration date of the preliminary plat has passed and it now
falls under the new Subdivision regulations. ~The developer is requesting a waiver of the 40,000 sq
ft lot requirements which are presently required. The local health department has given preliminary
approval of the lots. The Planning Commission granted the waiver of the subdivision regulations
with one condition. "When a lot is sold which is not already built on, there must be a provision in
the deed that the lot meet health department approval for a septic system." Mr. Tucker said 2'he
health department does not make a final inspection until a he building permit is either applied for
or obtained. The lots are being approved one by one on their own merits. The developer has been
building on every other lot. If trouble should develop there will be an extra lot for a septic
field.
Mr. Ronald Morris, the developer of Brookwood, was present. He said there are only six lots
left in the last section. Mr. Fisher asked if there have been any problems. Mr. Morris said no,
all lots have been approved on their own merits. There have been times when he has had to increase
the size of the lots. He asked that the-Board allow him to continue to develop the subdivision as
it was begun. The houses contain only 1000 to 1100 square feet. In the first section the lots were
about 13,000 square feet. In sections two and three the lots average between 17,000 and 19,000
square feet. Presently about 30% more field line is being installed than in the past.
Mr. Wheeler said the reason the present ordinance contains the requirement for 40,000 square
feet is because the health department asked for this. He felt the matter should be carried over
until a representative of the health department could be present.
Mr. Morris said the tentative plans for the sewer trunk will pass this property. If the Board
restricts him to 40,000 sq ft lots, it will greatly increase the cost of these homes. It also
creates a hardship on the developer since he was told three years ago he could develop the property
in a certain manner if state roads were installed. Mr. Wheeler said when the health department
tells the Board they need 40,000 sq ft lots and tells the developer something else, they are not
both getting the same story.
Mr. Fisher then offered motion to defer action on this matter until March 20, 1975, at 11:30 A.M.
and to request a representative of the health department to be present at that time. The motion was
seconded by Mr. Thacker and carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
Mr. Tucker said the staff would like to know if the Board wants to see all of these waivers on
subdivision lots. Preliminary review shows there are only about six such plats pending. Mr. Fisher
said after the Board talks to the Health Department they should be able to establish a policy. He
requested a list of the lots and sizes of same before March 20.
The Board continued with a public hearing as advertised in the Daily Progess on February 12 and
February 18, 1975:
SP-443. Innesfree, Inc. has petitioned the Albemarle County Board of Supervisors to locate a
mobile home on 255 acres zoned A-1 Agricultural. Property is situated off State Route 668,
between State Routes 668 and 765. Property is further described as County Tax Map 14, Parcel
10. White Hall Magisterial District.
Mr. Tucker said the area is rural and mountainous being located near the Shenandoah National
Forest. There are several residential structures and farm buildings located on the property.
Innesfree, Inc. is requesting that a mobile home be allowed on this property to serve as a temporary
means of housing until permanent living quarters can be constructed. The~Planning Commission recommends
approval with the following conditions:
(2)
(3)
(4)
Health Department and County Building Official approval.
Individual septic and well system.
Time limit of two years.
The mobile home must be removed from this property at the completion
of the permanent living quarters or after two years, whichever comes
first.
This permit is issued to Innesfree, Inc. and is not transferrable.
No other mobile homes are to be allowed until this special permit expires.
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~helHublic hearing was opened and the first to speak was Mr. Dan Maupin. He said he was
representing Mr. Kenneth Maupin an adjoining property owner. He said Mr. Maupin was first ~old that
this mobile home would be used as temporary housing for staff members and was then told it would be
used as a vacation home for some of the board of directors. However, Mr. Maupin felt that with the
inclusion of condition #6 he was agreeable to the permit.
The applicant said that after he applied for this permit, he made it clear to Mr. Maupin that
this permit was for temporary housing only. Members of the staff at Innesfree will use the trailer.
Innesfree has resident facilities where people share their homes with handicapped persons. This
facility is needed for staff members working out a trial period.
Mr. Henley then offered motion~to approve SP-443 as recommended by the PlanningCommission.
motion was seconded by Mr. Wood and carried by the following recorded vote:
The
AYES:
NAYS:
Messrs. Carwite, Fisher, Henley, Thacker, Wheeler and Wood.
None.
The Board continued with a public hearing on the following matters which were advertised in
the Daily Progress on February 13 and February 18, 1975:
(Note: Mr. Carwile abstaining during the following discussion.)
(i)
ZMP-316.~ Holy Comforter Catholic Church has petitioned the Albemarle County Board of Supervisors
to rezone 109.88 acres from B-1 Business, R-3 Residential and R-2 Residential to A-1 Agricultural.
Property is situated on the east side of Route 29 North, opposite Berkeley Subdivision. Property
is further described as County Tax Map 61, Parcels 135B, 135C, and part of Parcels 136 and
136A. Charlottesville Magisterial District.
(2)
SP-446. Holy Comforter Catholic Church has petitioned the Albemarle County Board of Supervisors
to locate a Planned Community on 109.88 acres presented zoned B-1 Business, R-2 Residential and
R-3 Residential; and proposed to be zoned A-! Agricultural. Property is situated on the east
side of Route 29 North, opposite Berkeley Subdivision. Property is further described as County
Tax Map 61, Parcels 135B, 135C and part of Parcels 136 and 136A. Charlottesville Magisterial
District.
Mr. Tucker said this property is located on the east side of Route 29 North~across from Char-
lottesville Shopper's World and Berkeley Subdivision. Chapel Hills and Greenbrier Subdivisions are
adjacent to the east. The Holy Comforter Catholic Church and Y.M.C.A. facilities presently occupy
this wooded, gently rolling property.
The property is located in the urban cluster as designated by the Comprehensive Plan and is
surrounded by a variety of land uses including multi-family residential, single-family residential,
commercial and open land. The Comprehensive Plan suggests this area would be conducive to high
density residential (average 15 units per acre) and commercial office activity with public utilities
available or planned for the immediate future. The gross density proposed is 9.2 for the resi-
dential acreage.
B-1 Commercial zoning is adjacent to the north, west and southwest. Greenbrier Subdivision of
the city and county is located to the south and southeast. Chapel Hill located to the east is zoned
R-1 and Square Hill to the northeast is zoned R-3.
The projected impact under existing zoning is as follows:
B-1 Commercial, 47.33 acres (27 acres net)
a) Employment projection, 135
b) Projected vehicle trips generated per day, 13,015 (275 per net acre)
R-2 residential, 16.34 acres
16.34 x 6 units (townhouses)/acre = 98 units
16.34 x 8 units (duplexes)/acre = 131 units
a) 98-131 units x 3.2 persons/acre = 313-419 population
b) 98-131 units x 1.5 vehicles/unit = 147-196 base vehicles
c) 98-131 units x 7.0 vehicle trips/day/unit = 686-917 vehicle
trips/day (excluding potential mass transit service)
d) 98-131 x 0.98 children/unit = 96-128 children/unit
R-3 Residential, 46.21 acres x 20 to 43 units (multi-family)/acre =
924 units to 1987 units
a)
b)
c)
924-1987 units x 2.6 persons/unit = 2402-5166 population
924-1987 units x 1.2 vehicles/unit = 1108-2384 base vehicles
924-1987 units x 7.0 vehicle trips/day/unit = 6468-13,909
vehicle trips/day (excluding potential mass transit)
924-1987 units x 0.6 children/unit = 554-834 children
The projected impact under the applicant's proposal is as follows:
Commercial acreage proposed = 16.01
a) Employment projection, 78
b) Projected vehicle trips/day generated = 4403
Residential units for sale, 205
a) 205 units x 3.2 persons/unit = 656 population
b) 205 units x 1.5 vehicles/unit = 307 vehicles
c) 205 units x 7.0 vehicle trips/day/unit = 1435 vehicle trips/day
d) 205 units x 0.98 children/unit = 201 children (111 elementary,
45 intermediate and 45 secondary)
Residential units for rent, 577
a) 577 units x 2.6 persons/unit = 1500 population
b) 577 units x 1.2 vehicles/unit = 692 vehicles
c) 577 units x 7.0 vehicle trips/day/unit = 4039 vehicle trips/day
d) 577 units x 0.6 children/unit = 346 children (190 elementary,
78 intermediate and 78 secondary)
Mr. Tucker said the County Education Department feels that when Branchlands is complete, an
2O
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The Virginia Department of Highways has reviewed the plans for Branchlands and has made the
following comments concerning the streets and entrances:
The existing entrance into Branchlands should be considered a temporary
entrance and should be closed and a cul-de-sac constructed. The main
entrance into the property should be created directly across from
Charlottesville Shopper~'s World when that property is developed. This
would eliminate the already hazardous jog motorists must make coming
out of Branchlands in order to get into the southbound lane on U.S. 29.
The ~ntrance proposed on Route 29 between the existing Holy Comforter
Church entrance and the Orange Derby Restaurant should be eliminated.
The entrance proposed on U.S. 29 that is adjacent to the Orange Derby
Restaurant is considered by the Highway Department as a proper location
for an entrance, however, the staff disagrees with the Highway Department
concerning this entrance. It is the feeling of the staff that this
entrance will generate a relatively large amount of traffic, thus creating
a hazardous situation due to the close proximity of the entrances into
Orange Derby Restaurant and other commercial uses along Route 29 as there
is no median crossover at this entrance. This would necessitate an unsafe
jog over into the left-hand lane in order to cross over the median into
the southbound lane.
The Highway Department recommends that when possible, the parallel
through street near Route 29 N. should be constructed through to Green-
brier Drive.
Ail through streets and proposed through streets should have a 70-foot
right of way. Ail cul-de-sac and loop streets should have a 50-foot
right of way.
A water line is located along U.S. 29 N. and could serve this property. The sewer line which
would transport effluent from this property to the Meadowcreek sewer treatment plant has been
installed across the Branch!ands property. The Berkeley sewer treatment plant has been phased out
and the interim improvements to the Meadowcreek Plantare substantially complete and should be in
operation within a few months. The initial capacity of 300,000 gallons per day has been certified
for the Meadowcreek Plant. Upon completion of a 90-day performance test period, it is expected
the plant will be recertified for an additional 500,000 g.p.d. At a later date, when the plant
reaches the above rated capacity, the plant will be performance tested again for an additional
capacity of 500,000 g.p.d.
The applicant is proposing 42.73 acres in open space. Several areas are designated for
active recreation. Based on nationally accepted standards for recreational facilities, a community
of this size should have a minimum of one acre (0.5 per !000 persons) in tot lots located appro-
priately throughout the area. A minimum of three acres (1.5 acres per 1000 persons) for playgrounds,
ballfields, etc. should be located in various places within the planned community. Also three
acres (1.5 acres per 1000 persons) for sports~ activities for older children and adults (tennis
courts, etc.).
At the time of development, bike paths should be constructed along the Stream beds or the
existing sewer transmission line. These bike paths could ultimately link with the paths proposed
by the City along Meadowcreek.
Mr. Tucker said the staff feels the proposal submitted by the applicant will have much less
of an impact on services and roads than any development under the existing zoning categories. The
Planning Commission recommends that this property be rezoned to A-1. They als0 recommend approval
of the special permit for a planned community with the following conditions:
A. Density - Land Use - Concept
That the density and land use proposed by the applicant and noted on the
plan prepared by Max Evans, Landscape Architect, and dated received
December 13, 1974 be adhered to and approved as the maximum density to
be allowed.
That the cluster arrangement providing for a minimal number of entrances
on to the internal 'road system be adhered to as indicated on the density
plan (noted above) and as shown on the more detailed conceptual site plan
also dated received December 13, 1974, and indicated as being Exhibit #2 of
the applicant's submittal.
Ail sections of the proposal, when being developed, shall adhere to the
acreage allotted as shown on the density plan (noted above).
B. Site Plans - Subdivision of Land
Ail commercial and multi-family construction shall submit detailed site plans
and landscape plans to the Planning Department for approval by the Planning
Commission.
Ail subdivision of land shall require approval by the Planning Commission.~and
Board of Supervisors as specified under the County's Land Subdivision and
Development Ordinance.
No grading permit shall be issued for roads, streets, or highways until
approved plans and profiles have been~obtained by the Virginia Department of
Highways and bonding in keeping with the requirements of the County Land
Subdivision and Developmen~ Ordinance.
C. Sewer and Water
Ail plans for sewer and water shall be submitted to the County Engineer for
approval prior to the issuance of a building or grading permit on any section
of development. The design of all water and sewer l~nes shall be dedicated to
the Albemarle County Service Authority. No installation of said utilities
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The developer or developers shall install and dedicate to the Albemarle
County Service Authority all water and sewer lines on site and those sewer and
water lines off-site which are owned by the developer, which are necesssary to
serve Branchlands, at no expense to the Service Authority. This shall be
accomplished prior to connection to any water and sewer line in which the
County Service Authority is expected to provide water and sewer service. The
service lines from any building or structure to the water meter and the sewer
line to the trunk line shall remain the property and responsibility of the
owner/ owners.
The developer or developers shall create an easement with a minimum width of
15 feet for the maintenance of the dedicated water and sewer lines by the
County Service Authority.
The developer or developers shall pay for the cost of acquisition of all off-
site easements and rights-of-way.
D. Transportation System
Entrances, crossovers of U.S. 29 North and streets shall conform to the layout
shown on Alternative #1.
Once entrance "A" (See Alternative #1 plan) is constructed, existing entrances
into Branchlands shall be closed to through traffic.
Rights of way shall be reserved as shown on Alternative #1 for future potential
connection to the Montague Miller tract and Westfield, Section 2.
Rights of way widths for all interior streets will be determined as individual
site development plans are submitted.
Ail streets are to be built to State Highway Department specifications for
inclusion into their system.
E. Other
A minimum of one acre in tot lots shall be provided.
A minimum of three acres in playfields should be provided.
A minimum of three acres in sport facilities (tennis, handball, swimming,
etc.) should be provided.
Bike paths should be constructed along open space corridors (stream beds) or
sewer easement.
All subdivision plats and site plans must show methods of discharging storm
water and must be approved by the County Engineering Department.
Homeowners Association to maintain driveways, open spaces, etc. and to be
reviewed by the office of the County Attorney as it is developed.
Approval of deed restrictions for sections to be sold~by the office of the
County Attorney.
~r. Fisher noted condition #E6 which says the homeowners are to maintain the driveways, open
space, etc. He asked how this could be accomplished if the ground is sold off in pieces. Mr.
Tucker said each section of the development on the plan has a designated area as open space. As
each section is developed a small homeowners association would be formed and there would be various
open space, recreational areas which the entire development would maintain. Mr. Tucker said the
developer's attorney is still working on the homeowners documents.
Mr. Max Evans was present to represent the petitioner.. He said as the property is developed,
a homeowners association would be formed in each section. As each section is completed, it would
automatically become a part of the umbrella association. There will not be a series of associations.
Mr. Fisher noted that the second line of Condition #C1 should read: "The design of all water
and sewer lines shall be approved by the Albemarle County Service Authority."
Father Michael Hanna of Holy Comforter Church was present. He said the Church built a school
on this property, but same was closed in 1968 or 1970. The Church decided to do a study of a city
community on this property. It is the intent of the Church to put any money realized in profit
from such a plan back into low income housing which will be designed in the future.
Mr. Evans said the Church committee fel~ they could make a contribution to the community if
before selling the land as presently zoned, it was further restricted through a planned unit
development as well as through deeds. The topography of the land is such that there are several
branches running through same. The plan presented to the Board tonight will keep open these
natural drainage ways. The plan was conceived to be a living community with the utilization of
the presently zoned commercial property. The number of access points to Route 29 North have been
limited. The density is less than that allowed under the present zoning categories. It provides
a better plan for living and also creates less of an impact on public facilities~
Mr. Fisher asked if the Church will continue to own the land. Mr. Evans said it is their
intent to sell all of the land except that immediately around the Church itself.
At this time the Chairman opened the floor to the public. An unidentified gentlemen said
there has been talk about two entrances into Branchlands. He asked if the Highway Department has
agreed to install the crossovers required. Mr. Tucker said the developer will have to install
these, at his expense, as the property is developed. ~Deceleration lanes are required for new
entrances, but traffic lights would be installed only if the need arises. The gentlemen asked if
a study has been made on a traffic light. Mr. Tucker said the Highway Department has asked Mr.
Evans to supply them with additional information. Nothing will take place until the developer
wants to build. At that time, a study will be made.
The gentlemen asked if the recreational areas proposed will be for public use or under an
organized use for people who join a club. Mr. Evans said there will be an association to maintain
these facilities. People living in the community will form that association. They will decide if
they want people outside of the community to join. T~e gentlemen said there are no recreational
facilities on Route 29 North at this time. With the addition of this development there will be
about 1000 children in the area between Berkeley and Branchlands ranging in age from three to 15.
Mr. Wheeler drew his attention to the fact that the County operates Chris Green Lake with tax
22
3-5-75
An unidentified lady said she understood the people living in this development would pay a
certain amount into the homeowners association each month and for that amount they would have the
privilege of using the facilities free of charge.
Mr. Homer Kennamer said he lives in Chapel Hills Subdivision. He said the plan looks much
better than what has been presented in the past, however, he hoped that the crossovers on Route 29
North had been planned so they did not come out on the crest of a hill or behind a hill. Mr.
Kennamer said because of the large size lots in Chapel Hills, the residents have been bothered
often with people shooting, deer hunting, camping,-a~d riding bikes, motorbikes and minibikes~
through their property. He asked if the Board could add a condition to the original approvat~of
this request that a chain link fence or something similar be required along the Chapel Hills side
of the development.
Mrs. Karen Lillileth, Charlottesville Housing Foundation, said there has been mention of the
entrances and crossovers on Route 29 North. Since there will be several different people developing
this property, Mrs. Lillileth asked who would install the crossovers. Mr. Tucker said if someone
wants to develop a piece of the property which is back off of Route 29, he cannot do this unless
access is provided, therefore, he would be required to install a crossover and entrance onto Route
29. The entrances and~ crossovers are part of the conditions of approval and will also be part of
site plan approval.
Mrs. Betty Scott, League of Women Voters, read the following:
"The League of Women Voters of Charlottesville and Albemarle Co~unty supports
the development of a Planned Community at Branchlands as a more efficient and
attractive development of the land than the existing zoning. We urge that the
Special Permit conditions be carefully stated and reviewed by the County Attorney
to insure that this development, which will take place over many years, will be
carefully supervised by the Planning Staff, the Planning Commission, and the
Board of Supervisors. A large development carefully planned can bring many
benefits in housing and employment for Albemarle County, and it is the responsi-
bility of the governing body through the Special Permit conditions to prevent
the development from creating highway congestion and unsafe conditions or
problems for surrounding landowners and the residents of the development.
There are a few aspects of the plan that concern us, and we ask you to
give special attention to them when you attach conditions to the Special Permit.
1. Among the requirements for site plan approval~, we would suggest
three things:
a. A sufficiently large parcel of the section should be developed
at one time. Piece-meal development at different times by different
people would lead to many complications and should be avoided.
b. Another site plan requirement should be development and
management of open spaces and recreational areas.
c. With the likelihood of multiple development and ownership, the
responsibilities of the developers and owners need to be appropriat~ely
designated.
2. Another concern is roads, both present and future. The developer should
be responsible for adequate internal roads as well as the safest entrances and
exits from the planned community.
3. Appropriate conditions concerning the provisions for water and sewage
treatment for this development need to be stated.
4. Finally, adequate provisions for sidewalks and pathways connecting the
commercial, recreational and residential areas should be addressed in the permit.
An approved master plan for the Branchlands Planned Community, with appropriate
conditions, insures the balanced development of land in this vital urban area. In
closing, we'd like to say that we believe a planned community like this one is a
perfect place to begin creating housing for all County citizens, and we hope there
will be provisions for low and moderate income housing in this development."
Mr. Fisher asked if all of the people living in the 577 apartment units will be members of
the homeowners association or if the homeowners association will only belong to purchasers of the
residential units. Mr. Evans said it must be both. There will have to be an agreement with the
developer of the apartments so that a certain amount of money will be paid for each unit rented
each year. In that way, all of the people within the apartments will be free to use the facilities
provided.
Mr. Fisher noted that certain areas on the site plan are designated for certain densities.
He asked if one of the conditions should state that the land would be developed in blocks of a
certain size rather than as individual lots. Mr. Tucker said the Zoning Ordinance requires that a
minimum of ten acres be presented on each site plan. Mr. Evans said he developed this general
plan. If a developer wants to develop a cluster he must have his site plan reviewed in context
with this general plan. The plan was developed so the Church would know where to sell property.
The PUD approach has an advantage over regular zoning because the plan delineates a specific
pattern of development within the zone. Each time a site plan is presented, this plan can be
pulled out and the site plan evaluated in relation to the pattern on that plan.
Mr. Henley asked if this general plan is drawn to scale. Mr. Evans said yes, the general ·
plan was drawn only after doing a general site plan and picking out the best locations for buildings
and that pattern has a direct reflection on the overall plan. It does not mean that there cannot
be a shift in the pattern. But that shift would have to be studied by the Planning staff in
relation to the general plan.
Mr. Wheeler said Mr. St. John had some remarks for the record concerning the availability of
water and sewerage for this property. Mr. St. John said this tract of land is the subject of a
suit now pending in the Circuit Court of Albemarle County under the name of "County of Albemarle
and Albemarle County Service Authority, plaintiffs" against "City of Charlottesville and others"
3-5-75
availability, and other charges for sewer and water connections on this tract. On September 30,
1972, the Bishop of Richmond and the City of Charlottesville and Albemarle Development Uorporation
entered into a written agreement which is recorded in the Clerk's Office of this Court in Deed
Book 522, page 622, where the City purported to vest the owner of this tract of land with the
right-toig00 free residential sewer connections. The County and the Albemarle County Service
Authority do not recognize the validity of this purported contract. An agreement was entered into
on December 18, 1972, between these same parties under which the developer of this tract is
obliged to pay into escrow with the Albemarle County Service Authority, the amount of connection
fees which are current at the time of connection. This is all set out in the agreement which was
signed by the Bishop of Richmond. The record should show that whatever action is taken by the
Board tonight on this application, whether it is approval or approved with conditions, the Board
is not leaving any provisions of this escrow agreement dated December 18, 1972. One offthe conditions
of approval should be that this escrow be followed as if it were stated as a condition verbatim,
and that the terms be incorporated as a condition to any approval of this application and that no
parties rights will be diminished or 'enhanced by the actions of the Board tonight.
~Mr. Thacker asked if one of the conditions should be that the fees are those as established
by the Albemarle County Service Authority. Mr. St. John said the County agreed in this escrow
agreement to make an effort to settle the question or submit it for litigation. It is now under
litigation and the County has to be bound by the outcome of that litigation. The area in question
is now clearly in the jurisdictionsl boundaries of the Albemarle County Service Authority. The
only question here is the amount of the connection fee that has to be paid. This agreement covers
more than just one tract. It covers a tract which is being developed by the successors to the
Albemarle Development Corporation and still a third tract~ south of these two tracts.
Mr. Batchelor suggeSted that under Section E of the conditions the following wording be
added: "There shall be no fees specifically for use of the above recreational facilities except
for maintenance which shall be applied to all residents equally." He felt it is important that
access and use of the facilities be available to all residents of the development without initiation
fees o~-month~y f~ees ex.cept for maintenance costs. Mr. Fisher felt such a condition would be
appropriate, but felt it should be drafted by the County Attorney. He felt the Board should be
reasonable, but yet be assured that the facilities would not be so expensive that a single person
could not afford to use them. He said there may be some types of recreational areas that would
need a user fee, such as a swimming pool.
Mr. Wheeler said there are several areas which need clarification and he asked if the Board
wanted to act on the permit tonight. Mr. -Thacker and Mr. Fisher preferred that the matter be
carried over.
Mr. Wood then offered motion to defer action on these petitions until March 12. He said most
of the comments he has heard are from the residents of Chapel Hills. Over the years there have
been serious problems in the subdivision with construction trucks using their private road. One
of the same developers is planning on developing a part of this property. He asked if the Planning
Staff felt a fence would be an unreasonable request. Since one bike path and walk way will be
constructed between the pond and the property line where the property is only 30 feet wide, he
asked that it be added as a condition. Mr. Tucker said he felt it was a reasonable request and
the Planning Commission had discussed it at one time. The motion was then seconded by Mr. Thacker
and carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
ABSTAINING: Mr. Carwile.
At this time, the Board took a two-minute recess and whey they reconvened, they continued
with amendments to the Albemarle County Zoning Ordinance. (UP-75-03) Notice of this public hearing
was advertised in the Daily Progress on February 14 and February 18, 1975.
(i)
Amend Article 3, Residential Suburban District, RS-i, by adding Section 3-1-14, Home Occu-
pations-Class A.
(2) Amend Article 16, Definitions, Section 16-44 as follows¥
Section 16-44-1. Home Occupation-Class A:
profit provided that:
An occupation~conducted in a dwelling unit for
_z a. No person other than members of the family residing on the premises shall be
engaged in such occupation.
b. The use of the dwelling unit for the home occupation shall be clearly incidental
and subordinate to its use for residential purposes by its occupants, and not more than 25
percent of the floor area of the dwelling unit shall be used in the conduct of the home
occupation.
c. There shall be no change in the outside appearance of the building or premises, or
other visible evidence of the conduct of such home occupation other than one sign, not
exceeding one square foot in area, non-illuminated.
d. There shall be no sales, other than items handcrafted on the premises, in con-
nection with such home occupation; this does not exclude beauty shops or one chair barber
shops.
e. No ~raffic shall be generated by such home occupation in greater volumes, than would
normally'be expected in a residential neighborhood, and any need for parking generated by the
conduct of such home occupation shall be met off the street and other than in a required
front yard.
f. No equipment or process shall be used in such home occupation which creates hdise,
vibration, glare, fumes, odors, or electrical interference, detectable to the normal senses
off the lot, if the occupation is conducted in single family residence. In case of electrical
interference, no equipment or process shall be used which creates visual or audible inter-
ference in any radio or television receivers off the premises, or causes fluctuations in line
voltage off the premises. Boarding and rooming houses, tourist homes and private educational
institutions shall not be deemed home occupations.
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Section 16-44-2. Home Occupation-Class B: Any other home occupation requiring employment
other than members of the household and requiring the use of accessory structures on site of
the dwelling.
(3) Amend Article 2, Agricultural District, A-i, Section 2-1-14 to'read: Home Occupation-Class A.
(4) Amend Article 6, Residential General District, R-3, Section 6-1-8 to read:
Home Occupation-Class A.
Mr. Tucker said the Planning Staff has received a request to amend the Albemarle County
Zoning Ordinance to allow home occupations, Class A in the RS-1 zone. However, the staff saw a
need for Class B since it is being provided in the proposed, revised ordinance. They, therefore,
recommend the inclusion of the definition at this time, but have not proposed it for any particular
zone. The Planning Commission has recommended approval of the amendments as set out above.
Mr. Fisher asked if the definition of Class B should not state "...employment other than
members of the household OR requiring the use of accessory.~.''~ Mr. Tucker agreed the wor~ should
be "or". '
No one from the public spoke for or against these revisions. Mr. Fisher then offered motion
to amend the Albemarle County Zoning Ordinance as set out above with the word "and" being changed
to "or" in the definition of home occupation-Class B. The motion was seconded by Mr. Henley and
carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
None.
Mr. Carwile.
At this time, the Board continued with public hearings as advertised in the Daily Progress on
February 13 and February 18, 1975:
(1)
UP-75-01.
Amend Article 7, Business General District, B-l, of the Albemarle County Zoning Ordinance by
adding Section 7-1-42(10), Go-cart and trail bike tracks.
(2)
Amend Article 8, Industrial Limited District, M-1 of the Albemarle County Zoning Ordinance by
adding Section 8-1-27(13), Go-cart and trail bike tracks.
Mr. Tucker said the Albemarle County Planning Department received a request from the City of
Charlottesville to amend the County Zoning Ordinance to allow Go-cart and trail bike tracks. The
City is requesting this amendment in order to develop a go-cart track on the old city landfill
property which is located on Route 742 near 1-64 adjacent to the Willoughby property. The City's
zoning ordinances does not allow such a use at the present time. After making various inquiries
among city officials in the State, it was the opinion of the staff that the only zones in which
this use should be allowed would be in the M-1 and/or M-2 zones. Mr. Tucker concluded by stating
that the Planning Commission recommends that Go-Cart and trail bike tracks be allowed only in the
M-1 and M-2 zones with a special permit.
No one from the public spoke for or against these amendments.
Mr. Wood then offered motion to approve UP-75-01, as recommended by the Planning cmmm~'ssi0n and
as set out below:
"Amend Article 8, Industrial Limited District, M-1 by adding
Section 8-1-27(13), Go-Cart and Trail Bike Tracks."
"Amend Article 9, Industrial General District, M-2 by adding
Section 9-1-23(20), Go-Cart and Trail Bike Tracks."
The foregoing motion was seconded by Mr. Fisher and carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
ABSENT: Mr. Carwile.
(3)
UP-75-02.
Amend Article 7, Business General District, B-l, of the Albemarle County Zoning Ordinance, by
adding Section 7-1-46, Retail sales and service of fire extinguishers and safety and security
products~
A~end Article 8, Industrial Limited District, M-1 of the Albemarle County Zoning Ordinance,
by adding Section 8-1-30, Retail sales and safety and security products.
Mr. Tucker said the Planning Department received a request to amend the County Zoning Ordinance
to allow fire extinguisher sales and services in the B-1 and M-1 zones. The Board of Supervisors
adopted a resolution of intent to amend the ordinance for such uses and requested the Planning
Commission to hold a public hearing on same. It is the opinion of the staff that the uses are
compatible with the intent of the B-1 and M-1 zones and they recommend that fire extinguisher
sales and services be permitted by right in these zones. Mr. Tucker said the Planning Commission
also recommends approval.
No one from the public spoke for or against these amendments. Motion was then offered by Mr.
Fisher to approve the following amendments as recommended by the Planning Commission:
"Amend Article 7, Business General District, B-i, by adding
Section 7-1-46, Retail sales and service of fire ~xtinguishers aaffc.safety and security
products."
"Amend Article 8, Industrial Limited District, M-I, by adding
Section 8-1-30, Retail sales and service of fire extinguishers and safety and security
products."
The motion was seconded by Mr. Wood and carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
None.
Mr. Carwile.
At 10:35 P.M., motion was offered by Mr. Thacker, seconded by Mr. Wood to adjourn this meeting
until 7:30 P.M. on March 6, 1975, in the Board Room of the County Office Building. The motion
carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
ABSENT: Mr. Carwile.
Chairman
3-6-75
An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on
March 6, 1975 at 7:30 P.M. in the County Office Building Board Room, said meeting being adjourned
from March 5, 1975.
PRESENT:
Messrs. Stuart F. Carwile, Gerald E. Fisher, J.T. Henley Jr,, William C. Thacker, ~r~c~t
Gordon L. Wheeler and Lloyd F. Wood Jr.
OFFICERS PRESENT: Mr. T. M. Batchelor, Jr., County Executive.
Mr. Wheeler opened the meeting by stating the purpose of this session was to conduct a work
session on the proposed budget for the 1975-76 fiscal year. The areas of the budget to be discussed
tonight were the schools and the section entitled "Revenues".
Mr. Clarence McClure, Mr. Carl Van Fossen, and Mr. Ray Jones were in attendance to report on
their budget requests.
At the conclusion of the budget presentations, Mr. Lloyd Wood made a Statement regarding the
status of the Juvenile Court facilities. Mr. Wood said he had received a report, and that it was
going to be presented at his Committee meeting on Tuesday. He advised a complete report should be
available to the Board on Wednesday, March 12, 1975.
Mr. Wheeler asked if there were any nominations to the Equalization Board. It was stated
that at least one and possibly two members needed to be appointed. No one on the Board had names
to submit, and this matter was again deferred.
The following persons were proposed as nominees for the Leaf Disposal Committee: Mr. Robert
Brugh, Mr. Kelly Reynolds, Mrs. Harold Dixon, and Mrs. Estelle Shifflett. Motion to approve
appointments of the aforementioned nominees was made by Mr. Wood, seconded by Mr. Carwile, and
carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
The meeting was called to a close at 10:30 p.m. by Mr. Wheeler.
~hairma~nn~~-~
3-1-2-7 5
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on
March 12, 1975, at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia.
Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker,
Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr.
Absent: None.
Officers present: County Executive, T. M. Batchelor, Jr., and County Attorney, George R. St. John.
The first item on the agenda was discussion of a bond on Four Seasons Roads, said matter
being deferred from February 20, 1975. This matter was deferred in order to allow the developer,
Mr. Daley Craig, to prepare a letter for the County stating the date by which the roads covered by
this bond will be completed.
Mr. Whe~ls~i~sk~dL~fgk letter had been received from Mr. Craig. Mr. Batchelor said it was
received at 3 P.M. today and the staff has not had time to check the figures contained in the
letter with the Highway Department or any of the items in the letter with the County Attorney. He
felt the matter should be deferred until such time as the staff can prepare a comprehensive report.
Mr. Wood asked Mr. Craig to give an updated report on the roads. Mr. Craig said it is his
intent to get the roads into the State system as soon as possible. He has obtaine~ bids on the
two major items which are yet to be completed, however, the contractors have not given him a