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1973-11-28Ntl-28-73 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on November 28, 1973, at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia. Present: Messrs. Gerald E. Fisher, J. T. Henley, -Jr., William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. Absent~ Mr. Stuart F. Carwile. Officers present: County Executive and County Attorney. The Chairman called the meeting to order at 7:38 P.M. and read the following statement: In order to implement the Virginia Supreme Court decision of November 26 in the Albemarle County real estate assessment case, the Board proposes the following actions: The County administration has been at work since the Supreme Court decision of August 30 to compute 1973 real estate tax tickets on the hasis of that decision. The Board expects that new real estate tax tickets will be mailed to everyone about December 10. The Board will adopt an ordinance tonight postponing the deadline for payment of both real estate and personal property taxes until January 5, 1974. No new personal property tax tickets wilt be sent; taxpayers are urged to retain the personal property tax tickets mailed earlier this month. The Board proposes to implement immediately a plan for corrective action for 1970, 1971, 1972, and 1973. Ail assessments which the Supreme Court held unconstitutional will be corrected. Ail taxes collected in excess of lawful amounts will be refunded. Ail unlawful taxes yet unpaid will be abated. Many taxpayers have already paid their 1973 taxes even though the Supreme Court had found the County's assessment methods to be improper. Accordingly, the Board proposes that these refunds be made within the first six months of 1974. Since the amount to be refunded and abated for the years 1970, 1971, and 1972, is approximately $2,000,000, these refunds will be made later--but in any event before the end of 1974. In view of the Board's commitment to treat all taxpayers fairly and to make refunds as soon as practical, the Board hopes that no citizen will feel it necessary to resort to the expense~.~of bring- ing suits for refund. No legal rights of taxpayers will be affected prior to December 31, 1973. The Board expects that all necessary action to implement its plan will b~ taken well before that date. Mr. Wheeler announced that he would hold a press conference at 9:00 A.M. in the County Executive's Office, on November 29, 1973, to explain the ramifications of this statement, in detail, To the press. Mr. Fisher offered motion to adopt the following ordinance and to advertise for a public hearing on same for December 20, 1973 at 11:00 A.M.: ORDINANCE POSTPONING PENALTY DATE FOR PAYMENT OF REAL AND PERSONAL PROPERTY TAXES WHEREAS, The Supreme Court of Virginia has held in a declaratory judgment action brought by 89 taxpayers of Albemarle County that the meassessment of certain taxpayers' properties in 1970 through 1973 were unconstitutional to the extent they exceeded the assessments effective January 1, 1967; and WHEREAS, the County proposes to recalculate the real estate taxes for the years affected including 1973 in accordance with the recent Supreme Court decision; and 11-28-73 403 WHEREAS, such recalculation will require that new bills be sent out by the County; and WHEREAS, it is necessary to give taxpayers additional time in which to pay their taxes without incurring the penalty imposed by Virginia Code Section 58-963; BE IT ORDAINED BY THE BOARD OF COUNTY SUPERVISORS OF ALBEMARLE COUNTY: 1. Pursuant to Virginia Code Section 58-963.1, date on which penalty is imposed under Virginia Code Section 58-963 in connection with the payment of real and personal property tax levies shall be and is hereby extended to January 5, 1974. 2. An emergency existing, this ordinance shall take effect immediately. The foregoing motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. At this time, the Chairman called for a public hearing on a Transient Occupancy Tax Ordinance. Notice of this public hearing was advertised in The Daily Progress on October 3, October 10, October 17, and October 24, 1973, along with full text of the proposed ordinance. No one from the public spoke for or against the adoption of this ordinance. Motion was offered by Mr. Wood to adopt the Transient Occupancy Tax Ordinance with the effective date being December 15, 1973. The motion was seconded by Mr. Thacker and arried by the following recorded vote: ~AYES: Messrs. Fisher, Henley, Thaeker, Wheeler and Wood. NAYS: None. (The full text of the ordinance, as adopted, is set out below) CHAPTER 9 ARTICLE IX TRANSIENT OCCUPANCY TAX ORDINANCE WHEREAS, Section 58-76.1 of the Code of Virginia, 1950, as amended, authorizes the governing body of this county to enact an ordinance providing for a transient occupancy tax on hotels, motels and boarding houses; THEREFORE, BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that: SECTION 9-41. There is hereby enacted a tax on the occupancy of all rooms in hotels, motels and boarding houses within Albemarle County. Such tax shall be assessed at the rate of two percent (2%) of the amount charged for such occupancy; provided, however, that nothing herein shall be construed as imposing any tax upon rooms rented for continuous occupancy for 30 or more days in hotels, motels or boarding houses. SECTION 9-42. This ordinance shall apply un~il the 31st day of December, 1981. 'SECTION 9-43. The effective date ©f this ordinance shall be December 15, 1973. Mr. Wheeler said there was a statement left on the Board table tonight referring . _ to conflicts of interest. He read the following: .404 11-28-73 "It is our feeling that something must be done about possible conflicts of interest in our county officials including the Board of Supervisors. "This is to alert the citizens of the county to the need for discussion, investigation and concerted action in the months ahead. Concerned Citizens of our County" Mr. Wheeler said there are Virginia statutes which govern conflicts of interest and he asked if anyone present would like to discuss the statement. A gentlemen-said he did not feel they are ready to discuss this, but they do feel that conflicts have arisen many times and the citizens in western Albemarle and Ivy are concerned. Mr. Wood asked the gentlemen his name and he gave it as (phonetically spelled) Fred Ugunew. At 7:55 P.M., the Chairman called for public hearings on zoning matters as advertised in The Daily Progress on November 7 and November 14, 1973. (1) ZMP-269. Grover W. F©rloines and Son~ Inc., has petitioned the Board of Supervisors to rezone 121.005 acres from A-1 Agricultural to RS-! Residential. Property is situated on south side of Route 677 (Ballard Road). Property is described as County Tax Map 58, Parcel 74 and 75A(!). Samuel Miller Magisterial District. Mr. John Humphrey, County Planner, gave the staff's report. He stated that the property is situated on the south side of Route 677 (Ballard Road) approximately t000 feet from the western boundary of West Leigh Subdivision. Outside of the two major subdivisions, Meriwether Hills and West Leigh, division of land has occurred with dwellings built on large parcels ranging from 5.5 acres to 19;19 acres and above. The average lot size is approximately 10 acres. In West Leigh Subdivision, the average lot size is 2.4 acres. Meriwether Hills, zoned RS-i, has an average lot size of one acre. The RS-1 zoning on Ballard Road has an average lot size of 1.6 acres. This property abuts A-1 and R-1 zones to the east. a maximum density of one dwelling unit per acre and this request complies with the written objectives of the plan. The impact of the RS-1 zone on the 121 acres would result in 115 dwelling units. The total population can be expected to be 368 persons. Vehicle base trips can be expected at 173 with a total impact of 805 v.t.p, day. At the Planning Commission hearing, the applicant stated that they expect to develop only 83 lots on this parcel. Traffic volume on Route 677 has dropped by 50 vehicles per day in comparison to the 1970 and 1972 counts. The average school child ratio/dwelli.ng unit for the Ivy Cluster would be 0.54 per dwelling unit for elementary, 0.22 per dwelling unit for intermediate and 0.22 per dwelling unit for secondary, resulting in a school population of 112. Meriwether Lewis school is nearby and in future years'~ under the present school districting system, would need to be enlarged by at least two or three classrooms. This development appears to be at least an eight to ten-year project under present economic trends. Mr. Humphrey said this property lies in the upper slopes of the Ivy Valley Watershed as does West Leigh and Meriwether Hills. A study accomplished by the Thomas Jefferson Soil and Water Conservation District, indicates that the impact of one acre development This parcel of land is established in the comprehensive plan as residential with 4O5 in the area, on the land, would not greatly effect the wildlife population. They stated that the soils are well drained and fairly productive for grassland, but limited for ~,~'~i~ use, by slope and heavy texture. The general soil map indicates slight limitations ~~ee to the ~ for septic tank systems. 'The applicant has indicated a desire to bo ..... system when it has been upgraded and extended in the area of West Leigh. He said there is a communication in the staff report from Ray Jones, in reply to Mr. Forloines request for water service. Mr. Humphrey said the staff has received, from Soil Conservation Service, a soil analysis of the land which indicates 76% or 92 acres has moderate limitations, -- and~ or 29 acres has severe limitations for septic tank systems. At the Planning Commission meeting, taking note of the concerns of the Ivy area citizens and also the objle_c~iee~ of the master plan, a motion was made to deny the petition in order to protect the two stream valleys because of the soil limitations and to protect the rural atmosphere. This motion for denial received a 4-4 vote. A motion to approve was made, to be sent to the Board with a statement that the Planning Commission feels some action should be taken on the request from the citizens of Ivy in changing of the master plan, and the petition and this chang~ be considered together. This motion was divided into two motions. The motion for approval failed by a 4-4 vote. The second motion that the Board should be apprised and consider the master plan as it applies to Ivy before they make a decision on this petition,passed unanimously. Mr. Humphrey said the staff has received numerous petitions requesting denial of the petition. Mr. Wood asked if the Board was to act on the two motions. Mr. Humphrey said the motions come. to the Board deadlocked. There is actually no recommendation. The recom- mention that was made is to consider the master plan as its relates to Ivy before making any decision on this petition. Mr. WoOd>?askedlif'lfhe Board should consider the Planning Commission's recommendation or go ahead and act on the zoning request. Mr. Fisher said he felt-that since this matter was advertised for a public hearing, that the Board should proceed with tha~ public hearing and then decide what action would be taken. Mr. Robert Boyle was present to represent Mr. Forloines. He said since there were so many people present, he would like to confine the majority of his remarks to a rebuttal. Mr. Henry O'Dell, Chairman of Section 1, West Leigh Property Owners Association, was the first to speak. He said this tract is the first of only two or more tracts which will be requested for rezoning. He said this could be a..precedent setting decision which the Board must make tonight and this is what the Planning Commission discussed at length. T~ey feel this is serious enough to focus on changing the master plan. He said it is quite --- clear that the Ivy citizens are opposed to the granting of this petition by the number of petitions that have been signed and by a vote that was taken at the polls on election day. Mr. O'Dell asked for a show of hands from those present in opposition. He then asked that the Board consider revising the master plan before making an irrevocable decision. 11-28-73 406 A Mrs. Churchill said it had been her idea to take a vote at the polls on election day. She said the people she had talked to that day were very bitter about the take over of the area by developers and had expressed their feelings that the Board does not listen Planning Commission or the citizens. She said the area to the recommendations of the does not have the school facilities, the roads, the sewer and water and the citizens do not want anymore land rezoned for developers. She said a petition in opposition was signed by over 700 people and she'did not know what else to do to let the Supervisors know that this rezoning is not wanted by the citizens. A Mr. Whiteley from West Leigh said the Ivy area has not developed according to ~the master plan and asked that this request be denied. Mr. Joe Gibson said he mould sympathize with the Board's problem. He said the Board was suspicious of the master plan as published because they felt the population would use it as a blueprint and not a guideline. He said this should be used for orderly growth and go in harmony with the development which is already there. He said'Ivy is not opposed to growth and they can understand why other people would want to move there. They hope to attract people who will use it with the dignity and respect with which they use it. He said they have a vital interest in the area and do not want to subsidize developers. 7They do not want the Board to commit itself, by action tonight to zoning of this size or smaller. Mr. Evelvn Berkeley said he owned, until last year, property across from this tract. He said ~heapresent road is unsafe and the school is not adequate for extra numbers. He felt the desires of the people should be considered in this matter. Mr. F. S. Cornell said he lived on Ballard Road, owning 650 feet bordering this tract, and he opposed this rezoning. He said he had experienced the effect of the soil on a septic tank sytem. Mr. Louis Scribner, Jr. said he is an adjacent property owner and asked that the ~ezoning be denied. He said it is inconsistent with the master plan rate of growth since there is already an abundance of RS-1 zoning in the area. It is not consistent growth from the cent. er of the cluster, but leapfrogging over the A-1 area to the cut~ide edges of the cluster. He mentioned the fact that a water line of approximately 10,000 feet will have to be laid and he felt the cost of this will revert To the people buying in this development. He said the roads are inadequate and there are poor soil conditions on approximately one-quarter of the treat and the rest would have a moderate limitation for septic systems. Others speaking in opposition were: Mrs. Dorothy Spiedet, Dr. Suter, L. Frederick Richardson, and several people who did not identify themselves for the record. Mr. B~yle said it is not Mr. Forloines intention to build a slum on this land. He said some people are probably concerned about a strip of land, shown on the map, of 100 feet and they feel that someday a road will be constructed on this strip. He said Mr. Forloines guarantees that no road will ever be build and will restrict that land by deed or sell the strip to the county, reserving only utility easements. He said there is now 11-28-73 4O7 a 12" water line being install'ed in this strip by the county. [~Mr. Forloines, at his own cost, will pay for an 8" tap onto the line and will not revert this cost to the purchasers. This line will not connect in any way to West Leigh. He said school administration had furnished him figures that show that the total school population of this subdivision could be taken into Meriwether Lewis school at this time. The highway department had furnished a letter stating that the road is capable of handling three times the traffic it now handles. In relation to the question concerning septic systems, he said this rezoning would have to go back to the Planning Commission for site plan approval and they would require adequate percolation tests be made. If the land will not perk, they will not receive approval. He said after a house is built, when the developer, applies for a certificate of occupancy, the health department makes percolation tests again and he did not feel that this issue should be considered in a rezoning hearing; H~.-~id not see that reconsideration of the master plan should be a factor in this rezoning. Mr. Wood said an important point had been raised about the Ivy cluster and a one acre density. He asked Mr. Humphrey for a statement as to what the density would be if all the land were zoned RS-1. Mr. Humphrey said the total residential acreage alloted to the Ivy cluster is 2,072. If based on one unit per acre, the density would be 3.2 or 6,620 people. Mr. Wood said it would appear that if all the land were Zoned RS-I, that there would only be 6,500 people. Mr. Humphrey said that was indicated in the plan. Mr. Wheeler said it was not reasonable to think the BOard would zone all land to RS-t in the proposed clusters. He said they would require some commercial and some high density zoning. Mr. Wood said it brought up an important point and he-.felt it is encumbent upon the Board to review the Ivy plan. Obviously, if pt~anned for 16,000 people in a residenta] type of community, and if all the land in the cluster were rezoned to RS-1 and the most that could be in the cluster is 6,620, the plan does need reviewing. Mr. Wheeler said he felt that over the years, all clusters in the master plan will need to be reviewed. Mr. Fisher said in order to represent the citizens in this area, he must support the request that consideration be given at this point to reducing the proposed density of land area surrounding the village of Ivy in the land use plan of the county or some action be taken to make certain that the County does not end up with essentially all of one type or category of land in the plan zoned in the first three or four years of the plan instead of what is supposed to be there in 30 years. He said the worst problem in dealing with the comprehensive plan is that it shows the Board a maximum potential at a point in time so remote that it cannot be visualized what will happen. Mr. Fisher Said~a:~better comprehensive plan would have a time frame for the development or show all the county as it might be in 1980 and another map as ~t~m~ght~'bel.~n. ~990~ etc. In this fashion, the county could then control development from the centers of the clusters out. He said he is concerned about the possibility of creating at this point, another 120 acres of land zoned for RS-1 which is much higher dens±ty than the surromnding land on all sides. 11-28-73 Mr. Wheeler said when talking about laying out a time table for development of land, this is something which will not be done in the near future. He said the Board has ~heamaster plan as a guide and they realize the conditions of the roads, the schools, how fast the County should grow in any particular area, how much of a certain type of land the Board should zo'ne in that area, and it seemed to him that the Board is faced with either granting or denying this request. He said there is another request scheduled in D~cember and that seems, in his opinion, to be an excessive amount~ of RS-1 land. Mr. Fisher said he is concerned about this particular application, not solely on the density or the number of school children or the condition of the roads, but also, the soil. He is concerned that many of the lots would be on approximately one-acre and there are soil limitations. Mr. Fisher then offered motion to deny ZMP-269. The motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. (2) SP-288. Ray's Homes has petitioned the Albemarle County Board of Supervisors to locate a mobile home sales on 13.33 acres of land zoned B-1 Business. Property is situated on the south side of Route 250 East near its inter- section with Interstate 64. Property is described as County Tax Map 78, Parcels 33A and 33B. Rivanna Magisterial District. Mr. Humphrey said the subject property marks the~ eastern most boundary of B-1 business zoning on the south side of Route 250 east. Business zoning also exists to the north across Route 250. A-1 agricultural zoning abuts to the east and the south. The activity -- would be visible by one mobile home and a standard dwelling located directly across Route ~ 250. There is a traffic problem, in that the speed limit is 60 m.p.h, along this stretch of dual 250. The median cut to service the activity exists, but is located at a point where two lanes become one. Site distance is bad toward the east. Mobile homes being towed would block the east-bound lane i.n their efforts to head west on 250 and would pose a safety hazard. Additional fill would have to be p~ovided to place a deceleration lane along the property. Mr. Humphrey said the Planning Commission recommended denial by a 4-3 vote, with one abstaining. Mr. Joe Heath was present in support of the petition. He said that only two of the 13 acres is usuable. There are few businesses that can be placed in this area because of the lack of water and sewer facilities. He said no landowner has appeared in opposition to this request and he is paying $1200 a year in taxes and the land is not usable because of the lack of water and sewer. Mr. E. Preston said this location if one of the major entrances to the City~ for tourists. He said this type of business is recognized as one of the most unattractive and felt it would be a mistake to allow same at this location. Mr. T. J. Snead spoke in favor, saying to object to a mobile home sales lot, it is --~ not ~ufficient to say that it does not look nice. A lady urged 'the Boar.d to accept the ~ recommendation of the Planning Commission because of the condition~of ~he?roads in the area. 11-28-73 409 Mr. Wheeler brought to the Board's attention that another such request was denied in the same area in the last six months. Motion to deny SP-288 was offered by Mr. Wood, seconded by Mr. Thacker and carried by the following recorded vote: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. AYES: NAYS: None. (3) SP-304. T. J. Snead has petitioned the Albemarle County Board of Supervisors to locate a permanent mobile home on 102.4 acres of land zoned A-Z agricultural. ~ Property is situated on the east side of Route 784, about 1 mile north of Stony Point. Property is described as County Tax Map 48, Parcel 6, ~ Rivanna Magisterial District. Mr. Humphrey said there are several residences and a church on Route 784 in this area. The subject property is largely pastureland and partially wooded. Three mobile homes are presently located on the property, along with the main residence. These mobile homes are located about 150-200 feet from Route 784 and are partially screened from the road by large trees. Mr. Snead was issued permits in May, 1972, for the three existing mobile homes, under the lineal relative or full-time agricultural employee clause. This request is to house a part-time agricultural employee. Mr. Humphrey said the Planning Commission recom- mended approva~ based on the following conditions: (!) a 150 ft. setback from Route 784, and (2) health department approval of a septic tank system.~ Mr. Snead was present. He said the trailer is for someone who will live on his ~-- property and help him on the farm. Mr. Wheeler asked if the person would be eligible ~ as an agricultural employee. Mr. Humphrey said there was a technicality since this person would be only a part-time employee. Mr. Snead said there was a permit issued in 1957 by the health department for a septic tank permit for a dance hall which abuts his property and he had planned to hook this trailer to that tank. Mr. Wheeler asked if the trailer is in place at this time. Mr. Snead said yes. He bought the trailer a week or more ago and moved it onto the property. Mr. Wood asked if the trailer had been moved onto the property since the Planning Commission meeting. Mr. Snead said yes. Mr. Wheeler said it was still illegal to move the trailer onto the property until approval has been received from this Board. Mr. Thacker asked who occupies the three existing mobile homes. Mr. Snead said his children do. Mr. Thacker asked if there is an agricultural employee occupying one of those trailers. Mr. Snead said no, that was before. Mr. Henley asked what this person will do on the farm. Mr. Snead said mostly look after his cattle. Mr. Wood said there had been questions raised about the trailer being in place. He was present at the planning commission hearing and he said if the Board-is going To permit mobile homes, this request is justified. The Planning Commission was told that the trailer will be screened and he felt that this type of request should:be approved if the Board is to encourage farm help. He said this seems to be a legitimate reason. Mr. Wheeler said he felt this permit should be granted for only one year. He said one thing that concerned him was the fact that this man works on mobile homes and is familiar 11-28-73 with regulations and moved the trailer onto the property. He said there is too much of that going on in Albemarle County and the Board cannot continue to allow people to move mobile homes before obtaining permits. Mr. Thacker said the staff report indicated that one of the three existing mobile home permits was obtained for an agricultural employee. Mr. Fisher asked how many units could be approved before it was considered a mobile home park. He said he felt free use of land is a rental contract. Mr. Wheeler requested that action on this petition be deferred until December 12 to allow the staff time to find out who is living in these mobile homes, under what type, of conditions and if they are hooked to septic tanks. Motion to defer action until December 12 was offered by Mr. Fisher, seconded by Mr. Thacker and carried by the following recorded vote: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. AYES: NAYS: None. (4) SP-305. Star Realty Systems has'petitioned the Albemarle County Board of Super- visors to locate a wholesale bakery products facility on one acre of land zoned B-1 Business. Property is situated on the west side of Route 29 North, north of its intersection with Route 631 (Rio Road). Property is described as County Tax Map 45, Parcel 106, Charlottesville Magisterial District. Mr. Humphrey said this is an area undergoing transition. At present, there are several small residences on and adjacent to the subject property. The property opposite on the east side of Route 29 is wooded and vacant, however, the Albemarle Square Shopping Center was recently given final approval. The property is surrounded by B-1 business zoning on three sides; R-2 residential zoning abuts the property to'the west. Mr. Humphrey said the staff recommended approval of this special permit and site plan conditioned upon health department approval. The Planning Commission recommended approval as per the revised site plan. A gentlemen was present in support of the petition. Motion was offered by Mr. Wood to approve SP-305 as recommended. The motion was seconded by Mr. Henley and carried by the following recorded vote: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. AYES: NAYS: None. (5) SP-306. Rachel A. Brown has petitioned the Albemarle County Board of Supervisors to locate a two-family dwelling on 3.51 acres zoned A-1 agricultural. Property is described as County Tax Map 45G, Lot 8. Charlottesville Magisterial District. Mr. Humphrey stated that he had received a letter at 2:55 P.M. today asking that this matter be deferred until such time as the applicant exhausts other methods to remedy the situation with which she is faced. Mr. Wheeler said he did not understand the request since Mrs. Brown is in violation of the zoning ordinance. He did not know how she could remedy the situat±on without coming before this board. Mr. Humphrey said the remedies were not indicated. Mr. Fisher said a public hearing has been scheduled and the fact that th~s was requested.so late concerned him. He felt that if it were to 11-28-73 411 be withdrawn it should be requested in time to notify adjacent property owners. Mr. Humphrey said Ardwood is a rural Type subdivision with large lots ranging from 3.5 to 6.7 acres, fronting on narrow-paved roads. The homes, in most cases, are well screened by large trees. Ardwood, as well as the entire surrounding area, is zoned A-1 agricultural. The new zoni'ng ordinance will provide for this type of accessory living unit where the appearance of the single family unit will not be appreciably altered. Recent requests for this type of two-family dwelling have been approved on large acreages which have not violated the two-acre density. The staff recommended denial, however, based on the restrictive covenant in this case which forbids apartments or duplexes in Ardwood. The Planning Commission also recommended denial because they felt it would be somewhat redundant to approve something prohibited by deed restrictions. Dr. J. K. Haviland read the following statement: As spokesman for the majority of the homeowners of Ardwood Sub- division, I would like to request that you recommend denial of this application for a special permit to permit a rental apartment in the home of Mrs. Rachel Brown. Ardwood Subdivision contains 70 acres bordering the South Fork Rivanna Reservoir and is subdivided into 15 lots of 3~7 acres each. It is entered by one-half mile of narrow,, curving, one--lane road maintained by the property owners. Most houses are served by a central water system supplied by a well. There are now five vacant lots. According to Article 2 in the covenant in the deed, "No apartments or duplexes shall be permitted." Unknown to the majority of residents and lotholders, Mrs. Brown converted her basemen.t into a rental apartment and installed a tenant. The Brown apartment also violates the County Zoning Ordinance by placing two dwelling units on 3.5 acres without the special permit required for this use in the A-1 zone. Mrs. Brown did not apply for the permit until a complaint was made to the Zoning Administrator even though she had been informed that she was in violation of the law. As persons who have chosen to live in a subdivision of the character described by the covenant, we feel that we cannot accept the continuation of this use. Such a continuation would throw into question the entire covenant and might create a precedent for the establ.ishment of future uses permanently altering this loW density rural residential area. We are also concerned that this use may serve as a basis for rezoning neighboring property to a higher density. Moreover, we do not feel that it promotes compliance with County statute to approve a use after it has been established in violation Of the law. We feel that the protection of homeowners and property values provided by covenants written into the deed serves the public interest as well as the residents by promoting confidence amount potential purchasers of County property and ensuring neighborhood stability. Therefore we'wish to go on record as opposing any modifi- na~fo~kofA~h~'~Ardwood~eo~enant and ~equest that you recommend denial ~of ~hisiapecial permit. Dr. Haviland said this statement was also signed by Mr. and Mrs. R. O. Burton, Dr. and Mrs. William Carriker, 'Dr. Robert Coleman, Dr. and Mrs. Bruce Martin, Dr. and Mrs. F. B. Westervelt, Jr., Dr. and Mrs~ W. D. Whitehead, Mr. and Mrs. William Woodzell and Mrs. Havitand and himself. Mr. Wheeler said he has voted for permits of this type, but not in an established subdivision and he does not expect to vote for approval of this permit. He said he would be glad to defer this matter until December 12 to allow Mrs. Brown to be present, but he will vote against this petition. 412 11-28-73 Mr. Wood said he felt the Board would be changing the character of the neighborhood if they approved this permit and he will probably vote against. He asked Mr. St. John if the Board would be causing any legal uncertainty if they voted on the permit without Mrs. Brown being present. Mr. St. John said there is nothing to prohibit the Board from voting on the.matter this night and there would be nothing to invalidate the action taken. Mr. Fisher offered motion to deny ~~A~rr~f~r~deferral fro~ the applicant and to defer any action by the Board until December 12. The motion was seconded by Mr. Henley. A gentlemen said all the residents of Ardwood were present tonight and-he asked why this petition should be deferred. Mr. Thacker said he has no objection to deferring action, but he has no intention of voting for approval_. Mr. Wheeler said the Board tries to be fair to everyone and he did not feel that having Mrs. Brown appear on December 12 will change his position. Vote was taken at this point and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Batchelor said he felt it would helpful to the staff, if the Board intends t'o deny deferral of requests from petitioners, that no one can request deferral of a petit, ion within so many days of a hearing. Mr. Wheeler said it is not that much of a problem. Mr. St. John said'each case must be treated on its own merits. This request is based onrather bizarre grounds. There are some eases that might be almost an abuse of the Board's discretion if the Board did not grant a continuance. (6) SP-306A. Rena Barnett has petitioned the Albemarle County Board of Supervisors to loca~e a permanent mobile home on 4 acres zoned A-1 agricultural. Property is situated on the west side of Route 708, about 1 mile south of its intersection with Route 637. Property is described as County Tax Map 73, Parcel 39 (part thereof). Samuel Miller Magisterial District. Mr. Humphrey said this property is 1.ocated in the area of the Ragged Mountains. The property is surrounded by dense woods. A site has been prepared for the mobile home, 100 to 150 feet from the road, with a buffer of large trees along Route 708. There one house, across Route 708, which has a view of the site. The Planning Commission recommended approval for five years, renewal thereafter upon refiling with the Planning Commission and the Board of Supervisors, and health department approval of a septic tank system. Mrs. Barnett was present in support of the petition. No one from the public spoke for or against. Mr. Wood offered motion to'approve SP-306A as recommended. by Mr. Fisher and carried bY the following recorded vote: AYES: NAYS: (7) Messrs. Fisher, Henley, Thacker, Wheeler and Wood. None. SP-307. The motion was seconded Charles Lascano has petitioned the Albemarle County Board of Supervisors to locate a permanent mobile home on 16 acres zoned A-1 agricultural. Property is situated on the south side of Route 747, about 1 mile northeas~ of its intersection with Route 600. Property is described as County Tax Map 33, Parcel 40. Rivanna Magisterial District. 11-28-73 Mr. Humphrey said the area is rural, with sparse residential development. The subject property is partially wooded. The terrain is hilly. There is one residence across Route 74?, not in sight of this property. Another residence is located 2/10th of a mile west on Route 747. Mr. Humphrey said it is understood that the applicant will be building a home and the Planning Commission recommended approval of the application for a period of two years, with one year administrative approval, a 100 foot setback and health department approval of a septic tank system. Mr. Lascano was present in support of the petition. for or against. Motion was offered by Mr. Wood to approve SP-30? as recommended. seconded by Mr. Thacker and carried by the following recorded vote: AYES: NAYS: (8) Messrs. Fisher., Henley, Thacker, Wheeler and Wood. None. - SP-308. No one from the public spoke The motion was Cogswell-Hausler'Associates has petitioned the-Albemarle County Board of Supervisors to locate a~planned unit development and central water and sewer systems on 107.77 acres of land zoned A-1 agricultural. Property is described as County Tax Map 79, Parcel 23, and County Tax Map 79C, Parcel 1. Rivanna Magisterial District. Mr. Humphrey said the Board had been furnished with all infommation concerning this petition. He said the staff has concluded from its investigation of the plan, rela~ing it to the capabilities of the land and its impact on the general area that the proposal is rather dense to be accommodated on the land using septic tanks and individual wells. He did say that with good engineering these problems can be overcome. The staff did recognize that through proper engineering there is a possibility the proposed development could be a success. They commended the applicant for his approach in the design of the develop- ment~relative to their attempts to relate the character of the land to the type of development. The staff disagreed with only one element of the proposal, that being the nine-plus-acre tract of commercial development located on Route ?29, paralleling the Rivanna River. However, the staff was of the opinion that if the proposed development fits into the comprehensive plan, and if the development can be made practical with its limitations, i-t should be granted with the following conditions imposed: 1) That evidence be submitted for approval by the County of Albemarle, of a satisfactory sanitary sewer-waste disposal system, approved by the appropriate state agencies. The disposal system should be submitted to the County Board of Supervisors under a separate special use permit. This condition shall also apply to the proposed central water supply. 2) That a 30 foot dedication or rededication of road right of way from the centerline of Route ?29 be accomplished. The objective of this condition is to provide for an ultimate 60 foot right of way where Route ?29 parallels this development. 3)That all collector roads or local roads within this proposal be constructed to state standards. 4) That a citizens' association be established and deed restrictions and covenants for the disposition and maintenance of the open space and recreation area be submitted to the County for their review and approval. 414 11-28-73 5) That all slopes exceeding 20% not be disturbed and only that area to accommodate the housing be denuded within a given lot within this project. 6) That an agreement be made 'between the Albemarle County Service Authority and/or Rivanna Water and Sewer Authority and consummated relative to the ultimate ownership and maintenance of any approved sanitary sewer facility or central water supply. 7) That provisions be made for pedestrian walkways and bicycle trails. 8) That the lake and pond that is already in existence be strengthened and placed in proper order upon recommendation and satisffcation of the Thomas Jefferson Soil & Water Conservation District~ 9) That provisions and subdivision control be adhered to and that site plans for detailed ~ewer and water lines and specifications.be submitted for approval by the County Engineer and Service Authority. 10) That building permits be required prior to construction of any structure or facility. 11) That a revised site plan, indicating 100 conti~uous acres be submitted. 12) Exclusion of Section A. 13) The Planning Commission has asked that in Consideration of the sewer facilities proposed that they be allowed to call upon anyone they feel qualified to assist them in making a decision as to whether these facilities are satisfactory. Mr. Humphrey said the Planning Commissions after considering the application on two different occasions, is recommending approval of the application. In doing this, they have recommended that the outer fringes of the Keswick area be established on the west side of Route Y29. Mr. Werner Haus!er was present in support of the petition. He said their approach to the entire tract has been to view this as one project. Under this approach they are achieving density of only 40% of what could be built in this area. The approach has been aimed at maximum preservation of the entire area, as wellas the tree cover. This has been designed as a cluster unit, achieving better than one acre per unit. He understood that they are only asking for conceptual approval at this time, with subsequent detailed engineering reports and approval of the appropriate state authorities regarding the water and sewer systems. Mr. Hausler said they will satisfy all conditions as spelled out. They have no quarrell with the staff's recommendations. Mr. Ben Turner, Shadwell Estates, asked about the intersection of Rt. 729 and 250 E. Mm..Hausler said he had checked with the highway department and they have said they will work with him as well as the residents in the area to solve this problem. A Mr. Craig, from Keswick, spoke in opposition stating that the proposal is pre~ mature. There are no facilities to take care of water, sewer, and schools needs. He referred to the Urban Institute study and said he could see no difference in this project and felt that it would not have sufficient resources to pay for itself. Mr. Rdber~oB~o~t§-?~a resident of Keswick, gave to the Board a petition signed by 138 residents of the area, expressing opposition to this petition. He said that everything that was said earlier about the Ivy area applies here and he could see no difference and requested the Board to deny this request. 11-28-73 415 Mr. Joseph Richmond said he was the attorney for the petitioners. He felt the question of water and sewer was not the issue tonight, but rather conceptual approval of this development. He said the Planning Commission, after two meetings, decided it is a logical extension for this part of the county. He said the Board has had a problem in the past of stopping growth and the conditions set down by the Planning Commission provide many safeguards which must be met by his clients. Mr. E. Preston said there was one point which had not been mentioned tonight and that is the historical importance of the area. He said this was recognized by the developers themselves in an earlier presentation. He ~aid from a historical point of view it would be a mistake to approval this proposal. Mrs. Kate Hallock wondered how the taxpayers can take on another community and furnish the schools and roads needed. Mr. Wheeler said the school administration had said last night that the present school,at Stone-Robinson can take care of the normal growth of that area as it has been proceeding for the last four or five years. There is a development across the river which has been developing in large lots. He read a letter from Elwood Hall which said that any development of this ~ype in this area would result in overcrowdedness at - Stone-Robinson School and such development would necessitate the building of an elementary school on the County's site on Route 708. Mr. Wheeler said the county is presently building an-,.elementamy school and have a request for a $6.5 million dollar bond issue. They also have ~e~ues~s~to build another school and upgrade two or three other schools. He agreed with Mrs. Hallock that as hard as it might be, the Board needs to direct the gmowth in this county to the areas where there are school buildings. He said he will also tell any subdividers who appear before the Board that he will not vote for high density subdivisons where the primary source of waters is wells. This is a doubtful source of water. He said in thinking about high density you must think about public utilities and for those reasons it indicates to him that the request is premature. Mr. Fisher said there was one technicality regarding the site. He asked how the planning commission and staff resolved the fact that this is not a contiguous piece of land. Mr. Humphrey said the ordinance says 100 acres, in ownership, and Mr. Richmond has indicated that they will have 100 acres contiguous if this is aproved and a deed comes into play. Mr. Fisher said a statement was made that this is only one-half the density that could be put on this tract. He said if it is .zoned A-! agricultural that a maximum of 50 units are all that could.be built. Mr. Humphrey said they were referring to a R-3 zone abutting the property which is not part of the application itself. Mr. Thacker asked if it could be developed as R-3. Mr. Humphrey said yes, it could be developed as apartments. Mr. Thacker agreed that the request is premature. He said the county does not have the utilities and for that reason he offered motion to deny SP-308. The motion was seconded by Mr. Henley and carried by the following recorded vote: 11-28-73 AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Joseph Richmond asked if the petition was denied on the grounds of lack of water and sewer facilities. Mr. St. John said he did not feel that any one member of the Board can state any reasons other than his own for his vote in this meeting and the minutes reflect what has been given as each members reasons and the evidence before the vote was based on the matters in evidence before the Board. Mr. Richmond asked if Mr. St. John would not let the Board speak. Mr. St. John said he did not have that power but the best reply to give is that the record speaks for itself and their reasons are based on the record~ The next item under discussion was a request for a $6.5 million dollar bond issue. Mr. Thacker offered motion to place the adoption of this resolution on the agenda for December 20. The motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. On motion by Mr. Fisher, seconded by Mr. Thacker, lottery permit application of Charlottesville-Albemarle Post No. 74, American Legion, was approved in accordance with adopted policy. Motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker,~i~heeler and Wood. NAYS: None. As requested by Mr. Richard F. Shutts, Business Manager of the University of Virginia, motion was offered by Mr. Wood to adopt the following resolution: The Board of Supervisors of Albemarle County, acting under the authority granted to it by Code of Virginia, Sec. 29-184.2, do hereby appoint Mr. Henry E. Hudson as an Albemarle County Deputy Dog Warden for a term of four years commencing December 1, 1973. Mr, Hudson is appoint,ed to replace Mr. W. Alan Hoffman, who has resigned, and is to assist the Dog Warden in dog inspection activities and in dog law enforcement only on the grounds of the University of Virginia. This Deputy Dog Warden shall have the powers and duties of the Dog Warden as provided for in Albemarle County Code, Sec. 2-5. The Board of Supervisors appoint Mr. Henry E. Hudson with the under.standing that the Rector and Board of Visitors of the University of Virginia will pay this Deputy Dog Warden's salary, defray his expenses in carryin~ out his duties, and guarantee that the Board of Supervisors of Albemarle County will have no liability whatever for any acts performed by Mr. Hudson at the University grounds or for any injuries suffered by him in the performance of his duties. Mr. Wood's motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Wood offered motion to adopt the following resolution: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the Virginia 'Department of Highways be and is hereby requested to accept into the Secondary Systems of Highways, subject to final inspection and approval by the Resident Highway~ Department, the following section of road in Westmoreland Subdivision: 11-28-73 417 following funds: General Fund General Operating Fund School Operating Fund Textbook Rental Fund School Construction-Capital Outlay Fund General Operating-Capital Outlay Fund Crozet Sanitary District Fund Town of Scottsville-Local Sales Tax Commonwealth of Virginia-Current Credit Account Total $ 565.64 246,918.79 684,115.41 7,093.82 201,779.78 23,243.55 5,145.00 201.59 738.62 $f,169,802.20 Upon proper motion, the meeting was adjourned at 10:32 P.M. Chairman Berwick Circle - From Berwick Court to cul-de-sac length - 190 feet BE IT FURTHER RESOLVED that the Virginia Department of Highways be and is hereby guaranteed a 50 ft. unobstructed right of way and drainage easements along this requested addition as recorded by plat in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 419, page 265. Mr. Wood's motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Motion was offered by Mr. Wood to set December 19, 1973, at 7:30 P.M. for an amendment to Section 4-13-1, Chapter 4, Article II of the Albemarl'e County Code by the addition of Jefferson Village as one of those areas where dogs are prohibited from running at large. The motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Humphrey asked for a clarification of the restricted roads policy. Mr. Wheeler said the Board had agreed that requests in line with Class A restrictions may be brought to the Board. Request was received from Cole Hendrix, City Manager, asking for an extension of the agreement between the City and County of Albemarle for the use of the County landfill at Ivy without a time limit. Mr. St. John said there would be no adverse effect on pending litigation by the extension of this contract. Mr. Wheeler recommended that the contract be extended to December 31. Mr. Thacker said he did not want to extend the contract for a lengthy period. He then offered motion to extend the deadline for 60 days until January 31, 1974. The motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Henley, Thacker, Wheeler and Wood. NAYS: Mr. Fisher. Claims against the County in the amount of $1,169,802.20 were presented, examined and allowed and certified to the Director of Finance for payment and charged against the