1973-04-254-2~-73
A regular meeting of the Board of County Supervisors of Albemarle County,
Virginia, was held on April 2~, I973, at 7:30 P.M. in the Albemarle County
Courthouse, Charlottesville, Virginia.
Present: Messrs. Stuart F. Carwile, ~erald E. Fisher, J. T. Henley, Jr.
William C. Thacker, Jr., Gordon L. ~eeler and Lloyd F. Wood, Jr.
Absent: None.
Officers present: County Executive and County Attorney.
Mr. Wheeler announced that he had received a letter from I. J. Breeden's Agent
&sking that his petition for ZMP-268 be withdrawn without prejudice. Motion to
this effect was offered by Mr. Wood, seconded by Mr. Henley and carried by the
following recorded vote:
AYES: Messrs. Fisher, Henley, Thacker, W~neeler and Wood.
NAYS: None.
ABSTAINING: Mr. Carwile.
Mr. Wheeler also announced that he had received a letter from Page-Foster
asking that ZM?-271 be withdrawn without prejudice. Motion to this effect was
offered by Mr. Wood, seconded by Mr. Thacker and carried by the following reoo~ded
vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
Mr. %.~eeler announced that ZMP-269 for Grover W. Forloines and Sons, Inc.
which was advertised for this meeting will not be heard as it has not been acted
on by the Planning Commission.
~.. Ray B. Jones, Assistant Director of Finance was present with a request
concerning the Business License Tax Ordinance. He stated that the existing license
tax code as recently adopted does not exempt social organizations, fraternities,
benevolent orders, religious, educational, civic organizations, fire companies,
rescue operations and non-profit chartered clubs if their annual receipts are
$~00. ~estated that he has had many requests from these organizations for relief
from this tax and he felt it was in order for the governing body to consider an
amendment for exemption if the receipts are to be used for charitable purposes.
It was the concensus of the Board that the County Attorney draft this proposed
amendment and then to review this at the meeting of May 7, 1973.
The following resolution was offered for adoption by Mr. Fisher:
WHEREAS~ certain areas of Albemarle County, Virginia are subject
to periodic flooding and/or mudslides from the streams and rivers of
Albemarle County, causing serious damage to residential properties
within these areas~ and
WHEREAS, relief is available in Ehe form of flood insurance as
authorized by the National Flood Insurance Act of 1968, as amended;
and
~EREAS, it is lhe intent of this Board to comply with land use
and management criteria regulations as req~.ired in said act; and
WHEREAS, it is also the intent of this Board to recognize and
duly evaluate flood and/or mudslide hazards in all official actions
43¸
relating to land use in the flood plain and/or mudslide areas having
special flood and/or mudslide hazards; and
WHEREAS, the Virginia State Code under Title 1~.1, Chapter 11,
Article 8, authorized thisCounty to adopt land use and control
measures;
NOW, THEREFORE, BE IT RESOLVED, that this Board hereby assures
the Federal Insurance Administration that it takes the following
legislative action:
(1) Appoints the County Planner with the responsibility,
authority, and means to:
(a) Delineate or assist the Administrator, at this
request, in d~lineating the limits of the areas having
special flood and/or mudslide hazards on available local
maps of sufficient scale to identify the location of
building sites.
(b) Provide such information as the Administrator may
request concerning present uses and occupancy of the flood
plain and/or mudslide area.
(c) Maintain for public inspection and furnishing
upon request, with respect to each area having special
flood hazards, information on elevations (in relation to
mean sea level) of the lowest floors of all new or sub-
stantially improved structures.
(d) Cooperate with Federal, State and local agencies
and private firms which undertake to study, survey, map,
and identify flood plain ~ mudslide areas, and cooperate
with neighboring communities with respect to manag2ment
of adjoining flood plain and/or mudslide areas in order to
prevent aggravation of existing hazards.
(e) Submit on the anniversary date of the community's
initial eligibility, an annual report to the Administrator
on the progress made during the past year within the
community in the development and implementation of flood
plain and%or mudslide area management measures.
(2) Take such other official action as may be reasonably
necessary to carry out the objectives of the program.
BE IT FURTHER RESOLVED that this Board hereby appoints the Planning
Department with the overall responsbility,authority and means to
implement all commitments made herein.
The foregoing motion was seconded by Mr. Carwile and carried by the following recorded
vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
The following resolution was offered for adoption by Mr. Fisher:
WHEREAS~ the Board of Supervisors of Albemarle County, Virginia
has amended its Zoning ordinance to incorporate a Flood Plain Sectbn~
and
WHEREAS, Article 9-A of the Zoning Ordinance as adopted by the
Albemarle County Board of Supervisors, prohibits any person, firm or
corporation from erecting, constructing, enlarging, altering, repair-
ing, or improving, or moving any building or structure without first
obtaining mbuilding' permit for each building or structure from the
Zoning Administrator; and
WHEREAS, the County Planner and Zoning Administrator must examine
all plans and specifications for the proposed construction~hen
application is made to them for a building permit~
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Albemarle County, Virginia, as follows:
(1)
That the County Planner and the Zoning Administrator for
Albemarle County when reviewing applications for building
permits, including plansand specifications for building
permits, will review all building permit applications to
determine if the proposed construction is consistent with
the need to minimize flood damage.
(2)
That the County Planner and the Zoning Administrator shall
review all building permit applications to determine if the
site of the proposed construction is reasonably safe,from
Floo~ing and to make recommendations for construction in
all Locations which have flood hazards.
(3)
That the County Planner and the Zoning Administrator in
reviewing all applications for construction in flood hazard
locations within Albemarle County, Virginia shall require
that any such proposed construction must:
Be designed and anchored to prevent the flotation,
collapse or lateral movement of the structure or portions
of the structure due to flooding.
(b) Use construction materials and utility equipment that
are resistant to flood damage.
Use construction methods and practices that will
minimize flood damage.
(d) Provide adequate drainage in order to reduce exposure
to flood hazards.
(e)
Locate public utilities and facilities on the
site in such a manner as to be elevated and
constructed to minimize or eliminate flood
damager such utilities and facilities including
sewer, gas, electrical and water systems.
IT IS FURTHER RESOLVED that the County Planner and the Zoning
Administrator in reviewing all subdivision applications shall
make findings of fact and determine if:
(a)
All such proposed developments are consistent with the need
to minimize flood damage.
(b) Adequate drainage is provided so as to reduce exposure to
flood hazards.
(c)
Adequate drainage is provided so as not to increase the
exposure to flood hazards of adjacent lands.
(d)
All public utilities and facilities are located, elevated
and constructed so as to minimize or eliminate flood damage,
such utilities and 'facilities to include sewer, gas,
electrical and water systems.
The foregoing motion was seconded by Mr. Carwile and carried by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley~ Thacker, Wheeler and Wood.
NAYS: None.
Report from the County Attorney concerning Daley Craig and Four Seasons was
deferred until the next regular meeting.
Mr. St. John reported that on April 17, 1973, the condemnation proceeding
styled Albemarle County School Board and the Charlottesville School Board against
Daisy O. Wetsel was tried and the commissioners awarded Mrs. Wetsel a total sum
of $79,776.00 as Just compensation for taking land for the joint Vocational
~echnical Center. Mr. St.John stated that he ~ound no reversable error andx~recommended --~
that the Board not appeal this case and that he be allowed to ask the Court to -~
confirm same. Motion to accept the County Attorney's recommendation was offered by
Mr. Ca~ile~ seconded by Mr. Wood and carried by the following recorded vote:
~-2~-73
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. Batchelor stated that the Sheriff has agreed to furnish men to act as
Airport guards. He now need~permission~to place these men on the county payroll, all
of their expenses to be reimbursed by the Airport Board. Mr. Wood then offered motion
to adopt the following resolution:
The Board of Supervisors hereby approves the payme~ of sa~ries
and other expenses, for deputies hired as Airport guards, from
County funds. All salaries~ employee benefit~ and other expenses
to be reimbursed, in total, by the Airport Board.
Motion was seconded by Mr. Thacker and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
SP-2~1. Elwood B. Shifletto Action on this permit had been deferred from
April 11, 1973. Mr. Humphrey again g~ve the staff report. He also stated that ~ the
Planning Commission hearing, Mr. Shiflett was not present and since there was a great
amount of opposition to this petition, the Planning Commission recommended~denial.
Mr. Shiflett was present with his attorney Mr. Harry Marshall. Mr. Marshall stated that
Mr. ShifIett was unable to attend the Planning Commission hearing held on March 12
since~notification of this meeting did not reach him in Baltimore~ Maryland until
March 13. He also stated that Mr. Shiflett was retiring because of h~ health and he
would like to place a trailer on this land which he has owned for some $1 years. If
the climate agrees with Mr. Shifflett's health he intends to build a house on the six
acre~ which he owns.
~ ~ The Chairman then opened the floor for comments from the public:
Mr. Walter A. Young spoke in, opposition stating that he had heard this would be
a used trailer and felt this would devaluate his and the surrounding properties.
Mrs. Ralph Paddock spoke in opposition.
Mr. Carwile offered motion to approve for a temporary three year permit with a
1OO foot setback from the right of way and approval of the Health Department for a
septic tank system. Motion was seconded by Mr. Thackero
~ Mr. Henley felt that three years might be too long and amended the motion to approve
the~permit for one year, with renewal administratively up to three years~ and other
conditions stated. Mr. Carwile accepted this amendment. Motion carried by the
follewing recorded vote:
Messrs.
AYES,: /Carwile, Fisher, Henley~~ Thacker, Wheeler and Wood.
NAYS: None.
At this time, the Chairman called for public hearings on zoning matters as
advertised in the Daily Progress on April $, and April 11, 1973:
(1) ZMP-267. Alcova Associates~has petitioned the Board of Supervisors to rezone 37.38
acres from A-1 Agricultural to RS-1 Residential. Property is situated off Rt. ~0
North~ adjacent to "Key West" Subdivision. Property is described as County Tax
Map 6~, Parcel D-1 and Parcel ~9C, part thereof. Rivanna Magisterial District.
Mr. Humphrey stated that the older sections of Key West are one and two acres.
The new sections in the rezoned area are 1/2 acre. 0nly part of the R-1 area has
been developed thus far, probably due to the more extreme topography in this area.
The staff is of the opinion that RS-1 zoning would be a logical progression in this
area and has so noted in other requests in the area. Percolation tests have been
accomplished on the property and the results have been considerably better than
the minimum requirements as established by the Health Department. The present area
is being served by a central well system which is reported to produce over 200 gallons
per minute. The staff i~ of the opinion that the request is in compliance with
the objective of the Comprehensive Plan. Mr. Humphrey then stated that the Planning
Commission had deferred this petition on two different occasions in order for them
to make a site review of the property in question. The Planning Commission .did
recommend that t~RS-1 zoning be approved, excluding eleven lots which have frontage
on Chestnut Ridge Road. This approval was by a 771 vote of the Planning Commission.
Mr. John A. Schwab was present on behalf of the petition. Mr. Schwab said that
percolation tests have been made, water supply has been verified~and the roads have
been designed to a standard to be acceptable into the State Secondary Highway System.
He said it had been suggested that on Chestnut Ridge Road he utilize some other
type of road or a private road. He had con~ented to this several years ago and
eventually had to pay $30,000 to bring these roads to standard. On some of this
land there is a drop ~f 7~ to 80 feet off of the slope and if the road is run along
the~'side of the hill this would scar the land much more than running the road across
the top~ of the ridge
At this time, the Chairman' called on the public for comments:
Mrs. Earl Cole made quite a lengthy speech about the ecology of this part of
the county, her speech being in opposition to this petition.
Mr. John Hood, a resident of Key West, spoke in favor stating that there are
a number of people living in,is subdivision who wou%d benefit by the finishing of
Key West.
Mr. Roy~tterson, President of Citizens for Albemarle, presented a statement
from his organization. The ~ain points of the communication being:
'(1) Ail requests for large-scale rezoning should be deferred until
after the new zoning ordinance and map have been completed and
enacted into law.
(2)During the moratorium, high priority should be given to completion
of the new zoning ordinance and map.
(3)Developers should share the capital costs of public facilities
required by new develop~ments.
Mrs. Mary Jo Lovelace felt that this land should not be zoned for higher
density.
Mrs. Susan Sherwood, a resident of Key West, recommended that consideration
be given to installing an auxiliary pump since there had been times when Key West
was without water supply for as long as thirty-six hours.
Nr~ Schwab handed to the Board letters from Dorothy Churchman~ Harry Wheeler,
Lt. Col. and Mrs. Charles E. Blue, Col. T. J. and Mrs. Randolph and Thomas B. Blue,
all adjoining property owners, all stating they are not opposed to this rezOning.
Mr. Wood said that he had viewed this property and had listened to the Planning
Commission reports and he felt that the rezoning as requested by the petitioner was
best for the area. He then offered motion to approve ZMP-267 as requested by the
petitioner and as recommended by the Planning Staff. The motion was seconded by
Mr. Thacker.
Mr. Fisher agreed withtthe Planning Commission's original recommendation and
felt that it was a reasonable proposal.
After a thorough discussion of this matter, the Chairman called for a vote on the
motion and it carried by the following recorded vote:
AYES: Messrs. Carwile, Henley, Thacker, Wheeler and Wood.
NAYS: Mr. Fisher.
(2) SP-253. ~nna Melton has petitioned the Board of Supervisors to locate a per-
manent mobile home on two acres of land zoned A-1 Agricultural. Property is
situated on east side of Rt. 79~ in Slate Hill. Property is described as County
Tax Map 103, Parcel 63-a. Scottsville Magis~rial District.
Mr. Humphrey gave the staff's report and stated that the Planning Commission recommended
approval of the petition with a ~0 foot setback, Health Department approval of a septic
tank system and subject to approval by the Planning Commission and the Board of
Supervisors after five~years. Mrs. Melton was present in support of the petition. No
one from the public spoke for or against. Motion was offered by Mro Thacker to accept
the Planning Commission's recommendation and approve the~ition. Motion was seconded
by Mr. Wood and carried by the following recorded vote:
AYES:
NAYS:
(3)
M~ssrs. Carwile, Fisher, Henley~ Thacker, Wheeler a~ Wood.
None.
SP-2~$. Herbert G. Tull, III, has petitioned the Board of Supervisors to locate
a consulting mechanical engineering facility on 16 acres of land zoned B-1
Business. Property is situated on south side of Et. 7~, about 1/2 mile west of
Ivy. Property is described as County Tax Map ~8, Parcel 37, part thereof. Samuel
Miller Magisterial District.
Mr. Humphrey stated that£from statements supplied by Mr. Tull, this is a light business
and manufacturing process involving machine design and the building of said machines.
It is not an assembly line operation. Employment is for four people including Mr. Tull.
The staff was of the opinion that it fits accordingly as a special use in the B-1 zone
as provided for and the staff suggested approval subject to the following conditioHs~
1. All activity of design, construction and testing to be done inside
the proposed building.
2. No outside storage.
3. Employment to be limited to no more than six, including Mr. Tull.
$. Health Department approval of sanitary facilities.
That there be no obnoxious odors or noises emitted beyond the property
line.
6.A detailed site plan be submitted a~d approved prior to the issuance
of a building permit.
Mr. Humphrey stated that the Planning Commission recommended denial of the petition
and this was by unanimous vote of tho~ members present.
Mr. Tull was present in support of the petition. He asked that the Board
consider changing Condition #3 of the Planning Staff's conditions, to allow him
twenty employees.
Mr. Don Timberlake~ representing the Ivy Citizens Association, s~oke in
opposition.
Mr. Bill Dettor spoke in support of the petition.
A Mr. Maine, an engineer~ stated that this operation is more akin to that
of a doctor or lawyer than manufacturing.
At this time the public hearing was closed and the Chairman called on members
of the Board for comment:
Mr. Wood stated that there is a need for this type of engineering operation
and it is not permitted in an M-1 or M-2 zone and not permitted in any other
category within the present zoning ordinance. He was in agreement with the Planning
Staff that this operation should be in a B-1 zone and he felt this was a reasonable
request and should be permitted. Mr. Wood offered motion to approve the request
as recommended by the Planning Staff~ eliminating condition No. 3. Motion was
seconded by Mr. Carwile.
Mr. Fisher stated that ~his petition had been the subject of discussion in
the Ivy area. He was disturbed by Mr. Humphrey's statement that this was the only
type of zone under which this operation could exist~since he felt it is in reality
a manufacturing operation. He said that Mr. Tull had a legitimate request but he
felt that if the Board could not resolve what kind a zone this operation belonged
in~ then they could not take action on this petition. He said that the Planning
Commission did not address themselves to this particular situation.
Mr. St. John said that this was not a unique situation where zoning is
concerned~ however, if this is a legal oocupation, not against any public policy,
under the present State l~w, the~Board must find someplace in the zoning ordinance
for this occupation, whether it is spelled out or not.
Mr. Fisher inqui~e~d if he meant that the zoning ordinance had to be amended
to incorporate this use. Mr. St. John replied no, Mr. Tull does not have to wait
for an amendment to the zoning ordinance, but the Board must-find him a place in the
present ordinance. Otherwise, this is denial of due process.
Mr. Thacker felt this type of operation belonged more in an industrial zone
than a business zone.
Mr. Fisher stated that there are no other businesses in this area and he felt
this was a subversion of the planning process.
West
Mr. Wood said/Virgi~a!~ Pulp and the railroad siding were businesses and the
Ivy community itself had business. He said that at one time he had shared Mr. Thacker's
concern about this being a manufacturing operation, however, now he felt that if the
Board forced Mr. Tull into an M-1 zone, they would be denying him this use in any
area because of lack of M-1 zoning in the County.
Mr. Thacker did not feel that the Board could control this operation changing
from light industrial to manufacturing.
Mr. Fisher felt that with condition No. 3 pertaining to employment dropped from~
the conditions, this operation could become as great as any light manufacturing
operation in the county. He stated that he was in sympathy with Mr. Tull's request,
however~ he did not feel that this was the right way to go about this and he did
not feel that this was the right place for this operation and he felt !the Board
must provide both.
Mr. Wood stated that he felt it would be advantageous to restate condition No. 3
in his motion~ with twenty employees and all of the conditions of the original tract.
Mr. Carwile consented to this change in the motion.
Mr. Fisher then offered an amended motion~ that the Board defer action on this
matter until they have time to study what changes can be made in the present zoning
ordinance~ amend that zoning ordinance as quickly as possible to make this a proper
use, by right~ in certain zoning categories.
This amended motion was seconded by Mr. Thacker.
~.Mr. Wood stated that he could not support Mr. Fisher's motion since he felt this
is the best property on which to place this operation and he felt that it does fit
well into the neighborhood.
Mr. Thacker said he could not agree that this was the proper location.
Mr. Carwile stated that normally he would yield to a request such as Mr. Fisher's~
however~ Mr. Tull had written~to the County in November of 1972 asking for the proper
zoning for this operation and Mr. Humphrey had written back stating that he was
proceeding in the proper way. Unless Mr. St. John felt the County's answer was in
error, he felt the Board must vote on this petition this night and not delay Mr. Tull
from finding suitable land in the County on which to establish his business.
At this timer the Chairman called for a vote on Mr. Fisher's motion to defer.
¥ote was as follows:
AYES: Mr. Fisher and Mr. Thackero
NAYS: Messrs. Carwile~ Henley~ Nheeler and Wood.
The motion to defer~ therefore~ was defeated.
The Chairman then called for a vote on Mr. Wood's amended motion. The vote was
as follows:
AYES: Messrs° Carwile~ Fisher, Henley, Wheeler and Wood. (Mr. Fisher prefaced his vote
by saying that he felt this was a mi~take~ however, he could feel the sense or
abtitude of the Board and he would vote aye.)
NAYS: Mro Thacker.
5O
(4) SP-2~5. Bertie J. Via has petitioned the Board of Supervisors to locate a
permanent mobile home on one acre of land zoned A-I Egricultural. Property
is situated on south side of Rt. 6, near its intersection with Rt. 630.
Property is described as County Tax Map 126, parcel 28-H. Scottsville
Magistrial District.
Mr. Humphrey gave the staff's report and stated that the Planning Commission
recommended approval of the permit for a five-year period subject to Planning
Commission reapproval, a 50 foot setback and Health Department approval of a septic
tank ~ystem. Mrs. Via was unable to attend this meeting, however, she had called
and Mr. Wheeler recommended that the Board take action. No one from the public·
spoke for or ag&~st the petition. Mr. Thacker offered motion to accept the
Planning Commission's recommendations and approve SP-24~. Motion was seconded by
Mr. Carwile and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
(5) SP-2~7. Lawrence B. Crenshaw has petitioned the Board of Supervisors to,
locate a mobile home sales and service facility on .68 acres of land zoned
B-1 Business. Property is situated on the west side of Rt.29 north, near
its intersection with Rt. 631 (Rio Rd.). Property is described as County
Tax M~p 61, parcel 120P. Charlottesville Magisterial District.
Mr. Humphrey gave the staff's report and stated that the Planning Commission recommended
approval of the petition subject to deceleration lane and the existing 30 foot
setback.~f~om-the right of way be recognized by Mr. Crenshaw and that no structure
be placed within this right of way and that the septic tank system be reapproved
by the Health Department, if warranted. Mr. Crenshaw was present. No one from
the public spoke for or ag~nst the petition. Mr. Wood offered motion to accept
the recommendation of the Planning Commission and approve SP-2~7. Motion was
seconded by Mr. Carwile and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None,
Mr. Weird stated that it had been brought to his attention since the meeting
on last ThurSday that. the revised rates charged by the county for use of recreational
facilitiesmay be somewhat less than competitive with what is charged by private
enterprise and he asked the reaction of the Board members to this.
Parks
Mr. Wheeler said that the/committee appointed by the Board had been asked to
look at the rate structure charged by the County and he would prefer not to take
any further~action on this matter until after this committee makes their report.
This being the general concensus of the Board, no action was taken on this
matter.
Claims against the County amount %o $1,358,017.01 were presented, examined
and allowed and certified to the ~irector of Finance for payment and charged against
the following funds:
51
General Revenue Fund
General Operating
School Operating
Capital Outlay
Cafeterias Fund
Virginia Public Assistance
Dog Tax Fund
Textbook Rental Fund
Town of Scottsville: Local Sales Tax
Commonwealth of Virginia: Current Credit Account
$ 1 $6. ~0
169,~1 7.83
87!, %71.95
1 ~B, ~'01,82
36,807. 8
92,65?+.20
~ 1,077 · 3~
1,219.79
16~. ~2
26, %%%. 78
$1,35'8,017.01
Motion was then offered by Mr. Wood to adjourn this meeting until May 7~ 1973
at $:00 P.M. in the Board Room. Motion was seconded by Mr. Fisher and carried by
the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Chairman