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A regular meeting of the Board of County Supervisors of Albemarle County,
Virginia, was held at 7:30 p.m. on October 9, 1974, in the Albemarle County
Courthouse.
Present: Mr. Stuart F. Carwile, Mr. Gerald E. Fisher, Mr. J. T. Henley,
Jr., Mr. William C. Thacker, Jr., Mr. Gordon L. Wheeler and
Mr. Lloyd F. Wood, Jr. (7:40 p.m.).
Absent: None.
Officers Present: County Executive and County Attorney.
Mr. Wheeler, Chairman, called the meeting to order and stated that
item number one on the agenda would be deferred until Mr. Wood arrived.
The Board began with a public hearing on SP-415 as advertised in
the Daily Progress on September 18 and September 25, 1974.
(1) SP-415. Application of T. E. Worretl to locate business
executive offices on 25 acres zoned A-1 Agricultural.
Property is situated on west side of State Route 743.
Property is further described as County Tax Map 45, Parcels
44B, part thereof, and 44. Charlottesville Magisterial
District.
Communication was received from Mr. W. Clyde Gouldman, II, attorney for
the applicant, requesting continuation of hearing on SP-415 until October
23 for consolidation with second hearing scheduled for that date on
additional acreage. On motion by Mr. Carwile, seconded by Mr. Fisher,
the applicant was allowed to withdraw application for SP-415 without
prejudice and to combine this application with the one scheduled for
October 23, 1974, to include the entire 119 acres. Motion carried by the
following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
The Board continued with public hearings as advertised on September
20 and September 27, 1974.
(2) ZMP-309. Application of Orchard Acres, Inc. to rezone
7.69 acres from A-1 Agricultural to R-2 Residential.
Property is situated on south side of Route 684 and
adjacent to Orchard Acres. Property is further described
as County Tax Map 55, Parcel 53. White Hall Magisterial
District.
Mr. Richard Nunley was present in support of the petition. No one appeared
in opposition. Mr. Robert Tucker, Assistant County Planner, gave staff
report. He stated that preliminary subdivision plats and final plats of
Orchard Acres, which included the property in question, were approved prior
to the adoption of the Zoning Ordinance. Because of existing side yard
requirements, however, building permits cannot be issued until a variance
is granted by the BOard of Zoning Appeals of each individual lot or appropriate
zoning is granted to alleviate the problem. The staff found the request to be
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in compliance with the Comprehensive Plan and with the proposed zoning ordinance
and map and recommended approval. Mr. Tucker, in discussing this with the
Board, said the staff felt it would be easier to get the land re-zoned than
to require Mr. Nunley to go to the Board of Zoning Appeals to get a variance
on each individual lot. Some discussion was given to the fact that duplexes
would be allowed in the R-2 zone. When asked if the Planning Commission gave
approval to R-2 which would allow duplexes, Mr. Tucker advised that they approved
R-2 and did not discuss R-I, the only reason, he felt, being that this was a part
of the subdivision approved earlier prior to zoning and the remainder of Orchard
Acres was zoned R-2. Mr. Nunley stated that he requested R-2 on advice of John
Humphrey. He stated that practically every lot was sold for single family dwellings
and R-1 would suit him fine. Mr. Fisher said he felt the fact that the rest of
the area being zoned R-2 was not sufficient reason to continue R-2 if the intent
was to continue single family dwellings. Mr. Wheeler also stated that he could
not go along with R-2. He felt the area in question should be zoned R-1 and
another look be taken at the remaining area to bring it into the proper zone
classification.
Mr. Carwile offered motion that. the area under consideration be approved as
R-1 zone, which motion was seconded by Mr. Henley, and carried by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
The Chairman called for public hearing on the addition of Hessian Hills and
Knollwood as areas designated where dogs are prohibited from running at large,
deferred from September 11, 1974.
Mr. George W. Thomas, a resident of Woodstock Drive, spoke in opposition to
including these areas under the Dog Leash Laws.
Mr. Ernest J. Freymuller of West Park Drive, Mr. Robert Wilson of West
Park Drive, and Mr. Charles Plesums spoke in favor of the petition. Updated
petition was submitted in favor which included 104 of 127 property owners.
Mr. Wood stated that he had received numerous calls since the last meeting
on this application and only three of these calls had been in opposition. On
motion of Mr. Wood, seconded by Mr. Henley, the following resolution was Offered:
BE IT ORDAINED by the Board of County Supervisors that Chapter
4 of the Albemarle County Code, Article II, Section 4-13.1 be amended
to include the following: Area 12. Hessian Hills Subdivision as
platted and put to record in the Office of the Clerk of the Circuit
Court of Albemarle County, Virginia, as Section 1, Deed Book 316,
page 254; Section 2, Deed Book 327, page 327; Section 3, Deed Book
370, page 145, and Deed Book 379, page 365; and Section 4, Deed Book
378, page 107. Knollwood Subdivision as platted and put to record
in the Office of the Clerk of the Circuit Court of Albemarle County,
Virginia, Deed Book 272, page 3. (Does not include Old Forge Road
or Apartments.)
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The foreEoing amendment passed by the followinE recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
(3) SP-409. Application of Frances H. Robert to locate
a mobile home on 4.6 acres in A-1 Agricultural Zone.
Property situated on south side of Route 250 East
near the intersection of Route 744. (Deferred from
September 25, 1974.)
Mr. Wheeler stated that after the Board made on-site inspection of the
subject property this afternoon, he was handed a letter in opposition. (This
letter was not left for the Clerk's file.) Mrs. Robert was present in support
of her application. No one appeared in opposition.
~. Wood offered motion to deny the application. No second was made
to this motion.
Mr. Henley stated that he could see no problem to allowing the mobile
home to be placed on the eastern end of the property.
Mr. Fisher asked Mrs. Robert if she would have any objection to placing
the home in the center of the wooded section.
Mr. Carwile said he felt it could not be placed in the cleared area
but he could go along with the wooded area.
Mrs. Robert did not feel she should be required to place the mobile home
in the wooded area. Mr. Wheeler explained that placing the home in the open
area would detract from the value of other homes in the vicinity.
Mr. Wheeler recommended that the Board deny this application. Mr. Wood
again offered motion to deny. No second was received to this motion.
Mr. Henley offered motion to allow Mrs. Robert to place the mobile home
in the eastern end of the property in the wooded section, in a location
approved by the Planning Department, in accordance with conditions set by
the Planning Commission and with a five-year limitation. In answer to
question from Mr. Fisher, Mrs. Robert said she Would accept this location if
there were no other choice for her. Motion was seconded by Mr. Carwile and
carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley and Thacker.
NAYS: Messrs. Wheeler and Wood.
The Chairman called for public hearing on intent to enact an amendment
to Chapter 12 of the Albemarle County Code, entitled "Motor Vehicles and
Traffic," by amendin§ and reenacting Section 12-1 entitled "Adoption of State
Law" and enacting a new Section 12-1.1, entitled "Application of Chapter to
Roadways Not Part of State Highway System," as advertised in the Daily Progress
on September 25 and October 2, 1974.
Mr. Fred Payne of the County Attorney's office explained that such amendment
would permit the motor vehicle laws and reckless driving statutes to apply
to roads dedicated for public use within subdivisions but not~/into~ the
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State Highway System. Un. der present laws, speeding, reckless driving, etc., on
such roads in subdivisions cannot be policed by law enforcement officers. Enactment
of such local ordinance is permitted by enabling legislation adopted at the last
session of the General Assembly.
No one from the public appeared with regard to this matter.
Mr. St. John advised that State laws already existing with regard to speed
limits in residential districts could be enforced if this amendment is adopted.
He also stated that all general laws, regardless of posted signs, would be
effective in these Subdivisions which do not have State accepted roads.
On motion by Mr. Carwile it was ordered that the County Code, Chapter 12,
be amended as proposed with the exception of paragraph two under Section 12=1.1,
which is to be changed from Planning Department to Engineering Department
in implementing the ordinance. Motion was seconded by Mr. Thacker. The ordinance
amendment, which follows was adopted by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
BE IT ORDAINED by the Board of Supervisors of Albemarle County,
Virginia, that Chapter 12 of the Albemarle County Code be and the
same is hereby amended by the amendment and reenactment of Section
12-1 and the enactment of a new Section 12-1.1 as follows:
Section 12~1. Adoption of state law.
PURSUANT to the authority of Section 46.1-188 of the Code of
Virginia, as amended, all of the provisions and requirements of
the laws of the state contained in Title 46.1 and Article 6 of
Chapter 2 of Title 18.1 of the Code of Virginia, as amended, and
in force on July 2, 1974, except those provisions and requirements
the violation of whic~ constitutes a felony, and except those
provisions and requirements which by their very nature can have no
application to or within the county, are hereby adopted and incorporated
in this chapter by reference and made applicable within the county.
References to "highways of the state" contained in such provisions
and requirements hereby adopted shall be deemed to refer to the
streets, highways and other public ways within the county. Such
provisions and requirements are hereby adopted, mutatis mutandis,
and made a part of this chapter as fully as though set forth at
length herein, and it shall be unlawful for any person, within the
county, to violate or fail, neglect or refuse to comply with any
provision of Title 46.1 or Article 6 of Chapter 2 of Title 18.1
of the Code of Virginia which is adopted by this section; provided,
that in no event shall the penalty imposed for the violation of
any provision or requirement hereby adopted exceed the penalty imposed
for a similar offense under Title 46.1 or Article 6 of Chapter 2
of Title 18.1 of the Code of Virginia.
Section 12-1.1.
Application of Chapter to Roadways Not Part of State
Highway System.
THE PROVISIONS of this Chapter shall apply to all roadways open
to the public within residential subdivisions in Albemarle
County whether or not such roadways are in public ownership or
have been accepted into the Virginia State Highway System.
AND, BE IT FURTHER RESOLVED that the Albemarle County Engineering
Department is hereby empowered to take all action necessary to carry
into effect the provisions of this ordinance.
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(4) SP-406. Application of Patricia W. Pugh to locate a~gift., craft
and antique shop on 1.531 acres zoned A-1 Agricultural. Property
is situated on the north side of Route 797 in Yancey Mills.
Property is further described as County Tax Map 55A, Parcel 25A.
Samuel Miller Magisterial District. (Advertised on September
20 and September 27, 1974.)
Mrs. Pugh was present in support of the petition; no one appeared in
opposition. Mr. Tucker advised that the staff is concerned that the
introduction of a craft and gift shop in a well established residential area
such as Yancey Mills would be detrimental to the character and aesthetic
atmosphere of the community. Also, an off-street parking area such as this
would be required and an increase in trips in and out of the proposed
shop would not be compatible with the area and is not in the best interest
of the citizens of the community. Therefore, the staff recommended denial.
Mr. Tucker further advised that the Planning Commissinn approved Mrs. Pugh's
application with the following conditions:
1) Site Plan approval.
2) Limit of one free standing sign and one wall sign, limited to
8 square feet each.
3) Limit items sold to small gifts, hand made items and antiques.
4) Any addition to the~existing structure will require an additional
special use permit.
5) Limit sales area to a maximum of 150 square feet.
6) A minimum of 2 off-street parking spaces.
7) No non-resident employees.
8) No additional exterior lighting.
9) Permit to be issued to applicant only and to be non-transferrable.
On motion by Mr. Henley, seconded by'Mr. Wood, SP-406 was approved
with conditions established by the Planning Commission. Motion passed
by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
(5) SP-416. Application of Mrs. Alice C. Fray Quarterman to locate
a mobile home on 2.0 acres zoned A-1 Agricultural. Property
is situated on south side of Route 600 and east side of Route
684 near Stony Point. Property is further described as County
Tax Map 47, Parc-el 56. Rivanna Magisterial District. (Advertised
on September 9 and September 16, 1974.)
Mrs. Quarterman was not present. Several persons were present to speak
in opposition to the application. Mr. Wheeler stated that in accordance~
with established policy, hearing on this application would be deferred and
Mrs. Quarterman is to he notified to appear on October 23, 1974. Mr. Fisher
said he felt the Board should not take any action but the people who appeared
as a result of advertised public hearing should be heard. Spokesman for the
opposition stated that they wished to be present when Mrs. Quarterman appears.
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Mr. Wood asked Mr. Tucke~ to request the staff to call Mrs. Quarterman rather than
send written notice to be sure she understands that she is to be present at the
hearing on the 23rd. Mr. Wheeler advised those present that this item would be
placed first on the agenda on October 23rd.
On motion by Mr. Fisher, seconded by Mr. Wood, action on SP-416 was deferred
until October 23, 1974, with the understanding that this item will be first on the
agenda and action will be taken at that time. Motion passed by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
The Chairman called for public hearing on intent to amend Section 3-5 of the
Albemarle County Land Subdivision and Development Ordinance as advertised in the
Daily Progress on September 18 and 25, 1974.
Mr. B. Aubrey Huffman appeared and spoke to the fee schedule. He stated that
he felt the fees are counter productive to goals which are being sought. He suggest-
ed repeal of section 3-5-1 of the subdivision ordinance and that reasonable fees
be set by resolution of the Board~of Supervisors which could be changed from time
to time as seen fit. Mr. Huffman submitted letter setting forth details on the
foregoing. Mr. Wheeler asked that Mr. Huffman's letter be referred to the Planning
Commission for consideration and recommendation to this Board.
Mr. Carwile moved adoption of the amendment as advertised, which follows.
Motion was seconded by Mr. Thacker and passed by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
Amend Section 3-5 of the Albemarle County Land Subdivision and Development
Ordinance to omit the word certified as follows:
3-5-1 Preliminary Plat. Such fee shall be in the form of cash or a
(certified) check payable to the County of Albemarle, Virginia .....
3-5-2 Final Plat. Such fee shall be in the form of cash or a
(certified) check payable to the County of Albemarle, Virginia .....
The Chairman called for public hearing on intent to amend Section 11-2
of the Albemarle County Zoning Ordinance relating to Certificate of Occupancy
as advertised in the Daily Progress.on September 19 and September 26, 1974.
No one from the public appeared with regard to this matter. Mr. Fred
Payne of the County Attorney's office reviewed the proposed amendment for
the Board. Mr. Tucker advised that the Planning Commission recommended
adoption with two changes: In the first sentence change the words building
official to zoning administrator; in the second sentence change the word chapter
to article.
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On motion by Mr. Fisher, seconded by Mr. Carwile, Article 11-2, which
follows, was adopted with .changes recommended by the Planning Commission.
Motion passed by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
ARTICLE 11-2
ALBEMARLE COUNTY ZONING ORDINANCE
CERTIFICATE OF OCCUPANCY
It shall be unlawful to use or permit the use of any building
or premises, or part thereof, hereafter created, erected, changed,
converted, altered, or enlarged, wholly or partly, in its use or
structure, until a certificate of occupancy shall have been
issued therefor by the zoning administrator. Such certificate
shall show that such building premises, or part th'ereof, and the
proposed use thereof are in confd:rmity with the provisions of
this article; provided that where structures are completed and
ready for occupancy prior to the completion of all improvements
required by the site plan the owner may provide bond with surety
adequate to guarantee the completion by time certain of such site
plan improvements as relate to. the building for which the permit
is sought, and upon the providing of such bond with surety a permit
may be issued for the occupancy of those structures already completed.
The County Planner is authorized to accept instead of corporate surety,
letter of credit, joint savings account or other like surety. In
any case in which any other escrow agent ,('snch,':~as~an.attorney for a
ma~tgage tender)i,~is holding funds to ensure compliance with the
terms of other regulations or agreements, and such funds are in
an amount sufficient to ensure compliance both with the terms J0:
hereof and such other regulations or agreements, the County Planner
shall become a party to such other escrow agreement as escrow
agent for the County of Albemarle, provided that such other eScrow
agreement contains provisions satisfactory to the County Planner
to ensure compliance with the requirements of such site plan and
this ordinance.
The next item of business was request of the Electoral Board for a
special appropriation in the amount of $1,000 for additional help in the
office of the General Registrar which was deferred from September 26 for
additional information. Mr. Batchelor advised that Mr. Tevis Michie had
contacted his office and Mr. Wheeler since that meeting. He stated that
there had been a misunderstanding about the number of people registered
over a given period of time. There were 300 persons registered in the week
prior to the request rather than 300 since the year began as was the impression
of the Board when last considered. Ail of this information has to be readied
~d ,
for computer as well as updating of records as to change of ad' ~ress etc.
The exact amount of funds needed for extra help could not be determined by Mr.
Michie. However, he felt the amount needed would.be less than the $1,000
originally requested. They had to have additional help and could not wait until
this meeting for approval of funds. Mr. Wheeler advised that he ~ave Mr. Michie
permission to go ahead and hire additional help. Mr. Fisher said this seemed
to be a reasonable way of approaching the problem but he felt this should be
ratified by the B'oard as soon as possible. Mr. Wheeler said he felt Mr.. Michie
could give him figures by the November meeting and the Board could approve same
at that time. He emphasized that this was an emergency situation due to the
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upcoming election.
Mr. Fisher requested information from the County Attorney as to how emergency
expenditures which are not appropriated should be handled. He expressed concern
about individuals, whether they be County Executive, Chairman of the Board
or anyone else being able to give permission to expend funds which have not been
appropriated. Mr. St. John said that he would have to do some research on this
before he could give~, an opinion.
Communication was received from Mr. Cole Hendrix, City Manager, requesting
extension of the agreement between the City and County for the use of the Ivy
Landfill beyond the current expiration date. Mr. Hendrix stated that since
the period for the extended use of the landfill is unknown at this time, he suggested
that the agreemen~be extended without a time limit. Mr. Wheeler said he could
not recommend this. He felt that before any agreement is made for continued use,
some further agreement with the City has to be worked out on contract for percentage
of charges on cleaning up after fires and that it is reasonable that the City should
start paying fees for use they have made of the landfill. Mr. Wheeler said he would
be glad to handle this with the Mayor and if the Board desired he would have the
County Attorney negotiate with~the City Attorney. He said it would
probably be best for all to negotiate,:inClUding the County Executive and the City
Manager. Mr. Wheeler wanted a signed agreement from the City to be brought back
to this Board for ratification. Mr. Fisher concurred in the statements made by
the Chairman. He said he felt the establishment of the user fee should be based
on the capacity actually at the scene with some value attached to the total
capacity of the landfill, and that this should be charged on amonthly basis. The
Chairman requested Mr. Batchelor to have Mr. Bailey, County Engineer, look into the
user fee. He stated that they would meet with the City people and hopefully be able
to reportuback to the Board by next Thursday.
On request of the Chairman, motion was offered by Mr. Fisher, seconded by Mr.
Carwile, to go into executive session at approximately 9:30 p.m. to discuss a personnel
policy and procedure. Motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
-~-* The Board reconvened,
On motion by Mr. Fisher, seconded by Mr. Carwile, this meeting was adjourned
until 7:30 p.m. on Wednesday, October 16, 1974, in the County Office Building
Board Room, to consider personnal~classification and pay plan. Motion carried
by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
CHAIRMAN