1969-12-03December 3, 1969
Pursuant to the following waiver, the Board of County Supervisors of
Albemarle County, Virginia, met in special session at 9:00 A.~. on this date
with the following members present: ~ssrs. E. N. Garnett, Joseph E. Gibson,
Donald Carroll, Gordon L. Wheeler, Lloyd F. Wood, Jr. and B. A. Yancey.
Absent: None.
We, the undersigned, members of the Board of County Supervisors of
Albemarle County, Virginia, do hereby waive notice and special
service thereof, of a meeting called for 9:00 AtE. on December 3,
1969, to be held in the Board Boom, County Office Building, for the
purpose of considering matters pertaining to the County's Zoning
Ordinance, and we do hereby consent to any and all business and the
taking of such action at said meeting upon the matter hereinabove
mentioned as may be lawful, incidenty~d~ecessarr~ther~to.
Gordon L~ W~eler
Lloyd ~ '~o~d, Jr.
~. A. Yan~y
County Executive and Commonwealth's Attorney.
Also present:
The County Executive explained that the validity of the Zoning Ordinance
had been questioned in a zoning case now pending before the Albemarle County
Circuit Court, and it was his feeling, and that of the County Attorney, that
as a precautionary measure, the Board should re-enact said Ordinance. The
Commonwealth's Attorney advised that he feels the present ordinance is effec-
tive in Albemarle County but concurs in the action proposed by the County
Executive and County Attorney. The County Executive read resolution drafted
by the County Attorney. After discussion, the resolution was offered for
adoption by Nr. Gibson, and seconded by Nr. Wheeler, as follows:
'WHEREAS, this Board, at a meeting held on March 7, 1968,
enacted and adopted the Albemarle County Zoning Ordinance and
Map to become effective April 1 5, 1968; and
'WM~Y~EAS, the General Assembly of Virginia which was then
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in its Regular Session for 1968, had pr-eviously voted to repeal
Section 15.1-~91 of the Code of Virginia of 19~0, as amended,
and this Board was then advised that said Zoning Ordinance
would become effective in Albemarle County without referendum
approval; and
WEEREAS, this Board has from time to time amended said
Zoning Ordinance in the manner provided by law for such amend-
ments and the Ord_~_nance as amended has been administered by
officials of Albemarle County ever since April 1 5, 1968; and
-~AS, it has now been suggested in connection with certain
litigation now pending in the Circuit coUrt of Albemarle County
that the 'Zoning Ordinance is not legally effective in Albemarle
County by reason of improper adoption on March 7, 1968; and
WEEREAS, this Board is concerned about the confusion which
will inevitably result if the present Zoning Ordinance is declared
invalid, and desires to re-enact and adopt said Ordinance as soon
as possible in order to minimize the period of uncertainty con-
cerning the existence of an effective Zoning Ordinance in Albemarle
County;
NOW, THEREFOP~, BE IT EESOLVED that the Albemarle County
Planning CommisBion is hereby directed to prepare a Zoning 0rdi-
nance and Map for Albemarle County; that special meetings of the
Planning Commission and this Board shall be in the County Board
Boom at the Albemarle County Office Building at 3:00 P.M. on
December 22, 1969; that, at said special meetings, a joint
public hearing will be held by said Con,mission and this Board
on the question of the Commission' s recommendation and this
Board's adoption of the Ordinance and Map prepared by the
Commission; that, after the joint public hearing, the Planning~
CO~mission will make its recommendation to this Board and this
Board will act upon the proposed Ordinance and Map;
AND BE IT F~RT~ I~ESOL~ED that the Clerk of t~s Board
shall arrange for newspaper publication of notice of said joint
public hearing as required by law.
Thais resolution was adopted by unanimous recorded vote.
On motion, t~e meeting was adjourned.
Chairman