1970-11-19300'
A regular meeting of the Board of County Supervisors of Albemarle County,
Virginia, was held at the Office Building of said County on the 19th day of
November, 1970.
Present: Nessrs. E. N. Garnett, Joseph E. Gibson, F. E. Paulett~ Gordon
L. ~heeler, Lloyd F. ~Wood, Jr. and R. A. Yancey.
Absent: None.
Officers present: County Executive and County Attorney.
The meeting opened with the Lord's Prayer led by Nr. Garnett.
On motion by Nr. Wheeler, seconded by Nr. Paulett, minutes of the meetings
of October 1 5 and October .2'8, 1970, were approved as submitted.
Communicatior~were received From the Resident ~ngineer ~lth regard to
changes in the Secondary System due to construction of Intersta'De 64. After
inspection of sketches submitted by Nr. Warner and review of requests made, the
following three resolutions were offered by Nr. Wood, seconded by Nr. ~neeler,
and unanimously adopted:
(1) ~WEEEEAS, certain changes have resulted in the Secondary System due
to relocation and construction of Interstate 64; and
'WEEREAS, it has been determined that no public hearing will be
necessary in this instance due to the fact that property owners involved
have access to the new locations and/or own the property on both sides
of the old location;
NOW, THEREFOP~, BE IT I~ESOLVED by the Board of County Supervisors
of JLlbemarle Co~uuty, Virginia, that the following changes in the Secon-
dary System be and ~he same are hereby approved, each section listed
being indicated on sketch presented to this meeting with letter from
R. G. ~arner, Resident E~gineer, dated October 28, 1970, and made a
part of this Board's permanent file:
Section 1 - To be transferred to secondary system (0.1 ~ mi. )
Section 2 - To be discontinued (0.20 mi.)
Section ~ - To be abandoned (0.28 mi. )
Section ~ - To be transferred to secondary system (0.~5 mi.)
Section 5 - To be abandoned (0.20 m~.)
isection 6 - To be abandoned (0.1~ mi.)
Section ? - To be added to secondary system (0.18 mi. )
Section 8 - To be added to secondary system (0.1 ~ mi. )
BE IT F~TEER I~ESOLVED that copy of this resolution be forwarded
to the Virginia Department of Highways,
WHEREAS, certain changes have resulted in the Secondary System
due to reloCation and construction of Interstate 64; and
~.~EEBEAS, it has been determined that no public hearing will be
necessary in this instance due to the fact that property owners in-
volved have access to the new locations and/or own the property on
both sides of the old location;
NOT, THEREFOI~E, BE IT P~SOLVED by the Board of County Supervisors
of Albemarle County, Virginia, that the following changes in the Secon-
dary System be and the same are hereby approved, each section 'listed
being indicated on sketch presented to this meeting with letter From
B. G. ~arner, l~esident Engineer, dated November 5, 1970, and made a
part of this Board's permanent file:
(2)
301
Section 1 - To be abandoned (0.20 mi..)
Secti°n 2 - To be abandoned (0.~5 mi.)
Section 3 - To be transferred to secondary system (0.50 mi.)
Section 4 - to be abandoned~ (0.04 mi.)
Section 5 - to be discontinued (0.10 mi.)
Section 6 - to be abandoned (0.20 mi.)
Section 7 - to be added to secondary system (0.50 mi. )
Section 8 - to be added to secondary system (0.06 mi. )
BE IT F~RTHER BESOLVED that copy of this resolution be forwarded
to the Virginia Department of Highways.
(3) 7~EAS, certain Changes have resulted in the Secondary System
due to relocation and construction of Interstate 64; and
'~HEEEAS, it has been determined that no public hearing will be
necessary in this instance due to the fact that property owners in-
volved have access to the new locations and/or own the property on
both sides of the old locations;
NOW, THEREFORE, BE IT BESOLVED by the Board of County Supervisors
of Albemarle County, Virginia, that the following changes in the Secon-
dary System be and the same are hereby approved, each section listed
being indicated on sketch presented to this meeting with letter from
R. G. Warner, Resident Engineer, dated November 9, 1970, and made a
part of this Board's permanent file:
Section 1 - To be transferred to secondary system (0.06 mi.)
Section 2 - To be abandoned (0.22 mi.)
BE IT F~RTHER RESOLVED that copy of this resolution be forwarded
to the Virginia Department of Highways.
Communication was received from Nr. D. B. Hope, District Engineer, advising
that notices had been posted announcing that the State Highway Commission is
willing to hold a public hearing on proposed improvement of a section of Route
602 if one is requested. No action was taken on this matter.
At the request of the County Executive, the Resider Engineer discussed
the Howardsville Bridge. He advised that the bridge had not been opened since
the hand rail required had not b~6installed and the contractor would not open
the bridge until this was done. After discussion, motion was offered by Nr.
Paulett, seconded by Hr. Gibson, ~nd unanimously carried, requesting that the
Virginia Department of Highways waive installation of hand rail on the Howards-
ville Bridge as a requirement for opening .this bridge for public use.
Hr. Paulett discussed the status of Route 20 South with Hr. Warner.
Hr. Vneeler and Hr. Gibson again discussed the need for signs regulating
speed limit in school zones. Hr. Gibson particularly emphasized the need at
Neriwether Lewis School.
Hr. Wood advised that a dangerous situation is developing in Front of
Stromberg- Car l son at intersection of l~oute 29 and Greenl~ier Drive. Hr. Warner
advised that study of this situation was started today.
3O,2
Nr. ~ood advised that the H~ghway Safety Commission had been approached
by various civic groups recommending improvement to the Airport Boa& (Et.649)
where a number of Fatal accidents have occurred recently. Nr. Wood suggested
that study be made of the need on this road For improvements and the possi-
bility of reverting funds on the road from Scottsville across the mountain
which is little used to this road where the traffic count is heavy. A~ter
discussion, Nr. Warner was requested to" report on needs of the Airport Road
at the December meeting.
The matter of pending request for abandonment of a portion of the 01d
Lynchburg was again bought before the Board. Nr. Jack Kegley, attorney For
Holt Woodson and parents, requested that the Board close at least 197 feet in
an easterly direction from the old ~illiams line 50 feet beyond Nrs. ~oodson's
entrance. Nr. Chamberlain, attorney for Nrs. Annie 'Woodsoh, advised that his
client objects to closing the road as requested originally. The County Attorney
advised that the new road does not provide access For Nfs. Annie '~oodson and
recommended against closing the whole road as originally requested. 0ther~
appearing in opposition to the closing were Nr. George D. Amiss, Nr. F. Ronald
Cutrig~ht and Nr. R. ~. Shepherd although Nr. Amiss stated that he would not
object to closing the portion referred to at the beginning of today's meeting.
After considerable discussion, the following resolution (as ~prep~red by the
County Attorney~ was offered by Nr. Yancey, seconded by Nr. Gibson, and adopted:
(Nr. Paulett did not vote as he was not familiar with the history of this case.)
IW3EREAS, this Board acted on October 21, 19~9, to abandon as a
public road a section of the old road leading from Charlottesville
to Lynchburg which section extended northeasterly from State Route
692 near North Garden through certain .lands then owned by Nfs.
W. l~illiams to the point where Nfs. Williams land adjoined that of
Nfs. Annie ~. ~oodson on the eastern side of said road (see S~per-
visor's Ninute Book ~, page 292)r; and
'~AS, said road has never been a part of the State Secondary
Highway System; and -
~AS, C. C. Woodson, an owner of land abutting said old road
a short distance northeast of the section abandoned as aforesaid,
has now requested this Board to abandon an additional section of said
old road extending further in a northeasterly direction; and
WEEBEAS, this Board has viewed said road and has investigated
its condition as to use and has considered the effect of its abandon-
ment upon adjacent property owners, and has determined that the only
persons whose property abuts said road between the portion abandoned
as aforesaid on the south and U. S. Route 29 on the north are Richard
M. and Anne Shepherd, C. C. ~oodson, Annie N. Woodson, George D.
Amiss and F. Ron~ld Cutright, successor in title to Nfs. John W.
~illiams; and
~EREAS, this Board's investigation has revealed~that, although
the approximate location of the old road can be determined from old
banks remaining on the g~ound, it has not been maintained as a road
For many years nor regularly used as such, except for a section ap-
proximately 400 feet long adjoining the lands of Nrz. Annie ~. Woodson,
C. C. ~oodson and George D. Amiss, and with the exception of said 400
foot section, said road has grown up and eroded to the point where
extensive clearing and grading WOuld be required to provide a roadway
passable for ordinary vehicular travel; and
303
~HEREAS, trois Board has~.no~tified ~f its
~i~'enti~n~'~o~:~Onsider abandoning the ~Dertion of road which abuts
their respective lands and has this day held a public hearing at which
Mrs. Annie M. ~oodson, Mr. F. Bonald Cutright, Mr. Richard M. shepherd
and Mr. C. C. Woodson were present and were heard; and
,~EEREAS, this Board is satisfied that reasonable convenient means
of access to the property of all of said owners, except that owned by
Mrs. Annie M. Woodson, is provided by other public roads presently in
the State Highway .System; and
WHEREAS, C. C. 'Woodson, George D. Amiss and Mrs. Annie M. Woodson
have agreed that two portions of said old road may be abandoned without
impairing their rights of access to their respective lands;
NOW, THEREFORE, BE IT itESOLVED as follows:
1. That a portion of the old road from Charlottesville to Lynch-
burg near North Garden Crossroads in Albemarle County was altered many
years ago and U. S. Route 29, a new road, was then constructed in lieu
thereof and has for many years served the same citizens formerly served
by the old road.
2. That no public necessity or convenience requires the continued
existence of said old road.
3. That the portion of said old road beginning 9ppo. site the
boundary line between the land of F. Ronald Cutright ~formerly the t~d
of Nfs. John W. Williams) and extending northeasterly for a distance of
197 feet to a uti.lity pole be and the same is hereby .abandoned pursuant
to Section ~3.1-16¢ of the Code of Virginia as amended.
$. That another portion of said old road beginning at a point 50
feet northeast of the boundary between the land of C. C. ~oodson and the
small parcel containing 5~/100ths of an acre fronti~.g on U. S. Route 29
owned by Mrs. Annie Mr. ~oodson shown as Parcel 87'6A on the County Tax
Nap and extending northeasterly through the lands of. George D. Amiss be
and the same is hereby abandoned pursuant to said Code Section ~.1-165.
%. That the land lying upon each side of the center of the portions
of the road hereby abandoned shall revert in fee simple to the owners of
the land abutting said portions.
×X(Note: Matter regarding Rickey Road was not spread with other highway matters
in or&er considered since information necessary for resolution to
t Highway Department was not available at time of recording minutes. As
soon as this information is received from the County Engineer, this
item will be added to these minutes.)
At 10:00 A.M. the Chairman called for public hearing on Zoning matters as
advertised in the Daily Progress on October 30, November 6 and November 1~, 1970,
as follows:
(1)
Proposed amendment to the Albemarle County Zoning Ordinance creating a new
zoning district to be known as "Research and Technical Manufacturing,
R-TM" catering to research and development and light manufacturing facili-
ties on a minimum lot size of fifty acres; with provisions for industrial
performance standards.
Mr. John Humphrey presented final draft of the proposed amendment as recommended
by the Planning Commission. Mr. William Battle, Attorney, appeared in support
of the proposed amendment on behalf of G. E. No one else appeared from the
public. Mr. Gibson offered amendment to Section 7A-12-1~,. On motion by Mr.
Gibson, seconded by Mr. '~oo&, and unanimously carried, the proposed amendment,
as amended by Mr. Gibson, was adopted as follows:
"ARTICLE 7A. RESEARCH AND TECHNICAL NANUFACTURING, DISTRICT R~TN
Statement of Intent
The R-T~ District is intended to permit, in accordance with the objectives
of the Comprehensive Plan, the development of Campus-type industries on parcels
containing not less than fifty (~0) acres.
3 0 4
Applications
Any applications by a property owner for (1) a rezoning to the ti-TM District
or (2) use of an existing l~-TN zone, shall be accompanied by a Proposed Use and
Site Development Plan prepared 'in accordance with Article 7A-tl, which applica-
tion and plan must be approved by the Planning Commission and Board of County
Supervisor s.
7A-1 U:q~.E P~TTED
In t~esearch and Technical Manufacturing, District B-TM, structures to
be erected or land to be used, shall be for one or more of the follow-
ing uses:
7A-1-I. t~esearch and Development establishments.
7A-1-2. Technical education.
7A-1-3.
Research and technical manufacturing and the processing, fabrication,
assembly and distribution o-f products SUch as computers, scientific
instruments, communication and electronic equipment confined to "light"
industrial products or componmuts.
t~ecreation service uses of a non-commercial nature, limited to those
for use of employees whose work is done within the E-TM zone.
Cafeterias and dining rooms serving employees of the on-site facility,
visiting customers and other owner-authorized visitors, but not the
general public.
7A-1 -6.
Product sales areas for employees only, limited to four thousand (4000~
square feet.
7A-1-7.
Signs, subject to Article 11-t3 "Special Use Permits", provided that
such signs, if illuminated, shall have no moving, intermittent or
flashing display and shall contain no colored illumination; and shall
be indirectly lighted.
7A-1-8. Accessory uses as defined.
THE ~LL. OWING USES ~.~'OWED WITH A SPECIAL USE PERNIT ONLY:
7A-1-9(1) .Construction facilities, temporary, in accordance with Article 16-21.
7A-1-9(2) .Signs.
THE ~13LIDWING USES AIXDWED WITH A CONDITIONAL USE PERMIT ONLY:
7A-1-10(1). Public Utilities: Public water, sewer and gas transmissions; main
or trunk lines and treatment facilities, pumping stations, electrical
power transmissions and distribution substations and transmission lines
and towers.
7A-1-10(2). Public Utilities: Oil and gas transmission pipelines and pumping
stations, microwave and r&diowave transmission and relay towers and
substations.
7A-2. AREA REGULATIONS
All permitted uses shall be located on a minimum lot size of fifty
(50) acres.
7A-3. FRONTAGE
Each R-TM zone shall have frontage on a public street or highway. No
frontage on or access to local residential streets or highways, as de-
fined in the Albemarle County Subdivision Ordinance, shall be permitted.
7A-4.
SETBACK REGULATIONS
7A-$-1.
BuildinM line setback: For a main building fronting :on a' primary
highway or on any other bounding highway or street, the building line
shall be at a minimum distance of one hundred fifty (~50)feet from
the center line of the street and at' least one hundred (100) feet from
the front lot line; however, no-building shall be located within three
hundred (300) feet From the edge of right OmC way of any arterial or
interstate highway.
'305
5
7A-4-2.
7A-4-3.
Side .yards: The minimum side yard width shall be fifty (~0) feet
except that a corner lOt shall have the same side yard setback as~
provided in Article 7A-4-1; and provided further that if an ad-
joining lot, parcel or tract i.s in any residential or agricultural
zone, the minimum side yard width shall be one hundred fifty (t 50)
_feet, and the one hundred (100) feet of width immediately adjoining
such residential or agricultural land shall, as far as practicable,
be left in its natural state and when necessary to supplement exist-
ing trees or other natural growth shall be screenplanted to provide
a sight and sound, barrier as a buffer strip.
Eear .yards: The minimum rear yard shall be fifty (50) feet provided
that when a lot adjoins along its rear line a residential or agri-
cultural zone the minimum rear yard depth shall be one hundred Fifty
(1~0) Feet and the one hundred(100) Feet of depth immediately ad-
joining such residential or agricultural land shall' be left in its
natural state and where necessary to supplement existing trees or
Other natural growth shall be screenplanted to provide a sight and
sound barrier as..a buffer strip.
7A-5.
ACCESSOBY USE AND BUILDINGS
The minimum front, side and rear yards established by Articles
7A-4-1, 7A-4-2, and 7A-4-3 shall not be encroached upon by any
accessory building or use except by the approval of a Special Use
Permit for such accessory use or building.
7A-6.
USE REGULATIONS
7A-6-1.
Uses permitted without a permit: uses for agricultural and forestry
are authorized without a permit.
7A-7.
SPECIAL EXCEPTIONS
7A-8.
No uses are pLe~-mzitted as special exceptions.
PROHIBITED USES
All uses not permitted are specifically prohibited.
7A-9.
ADDITIONAL NIN~,~ REQUIBE~'~?NTS AND P~FORMANCE STANDARDS:
7A-9-1. L..an.d to BuildinE Ratios:
7A-9-1 ($). Coverage: The total area of land occupied by all main and accessory
buildings or structures on any lot shall not exceed forty (~0) percent
of the total area,.e.xclusive of any area required as a buffer strip as
provided for in 7A 4 1, 7A-4-2 and 7A-4-].
7A-9-2( 1 )~. Height of Buildings and. Structures: No buildings or structure shall
exceed a height of forty-five (4~) feet provided that such limitation
shall not apply to chimneys, vents, bulkheads, air-conditioning
facilities, radio and television antenna, towers required for
scientific equipment, flagpoles, water towers and structures similar
to the foregoing, which shall be subject to site plan control.
7A-9-2(2). Off-street parking Facilities shall be provided in accordance with
Article 11-7,or as may be justified at the time of site plan approval.
7A-9-2(3)..ScreeninM of 0.ff-S~Bet Par. king Areas:
Off-stree$ parking areas shall,
as far as practicable, be so design.ed and arranged as to be obscured
from view (except for access points) from a bounding highWay and to
.this end such areas shall have walls, fences or landscaping on the
street side to provide a sight and sound barrier. All off-street
parking and loading areas shall be surfaced with bituminous or other
dustfree material in accordance with good engineering practice or as
may be specified in the use and site development plan ordinance of
Albemarle County, Virginia.
7A-9-2(4). Off-Street Truck-~0~d~n~ Retirements: Off-street truckloading space
shall be provided in accordance with Article 11-8-2 or as justified at
the time of site and use plan approval.
7A-9-2(5)..S. creening of Off-Stree% TruckZoa~nM:' Off-street truckloading areas
shall, as far as pr.acticable, be so designed, and arranged as t~ be
obscured from view (except for access points) .from any bounding high-
way, and to this end such areas shall have a wall or fence (with
necessary access openings) and landscaping.
306
7A-9-2( 6). Outdoor Storage of Naterial: Outdoor storage of materials or
finished_ products shall be screened from view from any adjoining
property, highway or street, and none shall be permitted in any
front yard nor in any side yard of a corner lot nor in any minimum
side yard. Such storage of materials shall not occupy more than
ten (10%) percent of the lot nor exceed a height of fifteen (15)
feet.
7A-9-2(7). ~ai.1 .Facilities:. No trackage or railraad facilities of any kind
shall be located .on the street side of any building nor in any
minimum side yard, but if located at the side of a building, the area
devoted to such use shall be screened from view from any adjoining
property, street or highway by a fence or wall and scr:eenplanting.
7A-9-2(8). Building. Construction: All buildings erectsdon any lot and any-
additions ~ or alterations thereto shall be of a permanent construc-
tion. Designs intended primarily as advertising attractions shall
be prohibi ted.
?A-9-2(9). Landscaoin~: Except for necessary walks, driveways, and permitted
front parking areas, all front and side yards, on the street side of
a building shall be planted in grass or other ground cover and
flowers, shrubs, trees and other plant material. Foundation plant-
ing and any planting used~ for screening purposes shall be evergreen.
7A-10.
performance Standards: No Use shall hereafter be established or
conducted in any R-TN zone in any manner in violation of the follow-
ing standards of performance:
7A-10-1.
Noise: All noise sh&ll be muffled so as not to be objectionable due
to intermittence, beat frequency, or shrillness. In no case shall
the sound-pressure level of noise radiated from any establishment,
measured at the nearest lot line, exceed the values in any octave
band of frequency set forth in Table I or in Table I as modified bY
the correction factors provided in Table II. The sound-pressure
level shall be measured with a sound level meter and an octave band
analyzer conforming to standards established by the American Standards
Association.
~aximum 'Permissible Sound Pressure LeVels Neasured at Lot Line
FreQuency Band:
Cycles per Second
Sound Pressure Levels
Decibels re 0.0002 dyne per C~2
76-1 50
- 00 57
oO - oo
- 1200 ~7
1201-2400 42
24-0 -48oo 38
4-801 - 10,000 3~
TABLe, ,, II.
Condition
Correction in Decibels
On a 'site contiguous to or across
a street from the boundary of any
residential zone established by
this ordinance or by the zoning
ordd_uance of any other county or
any municipality
~nus %
Operation between the hours of
10 p.m. and 7 a.m.
Ninus ~
Noise of impulsive character
(e.g., hammering)
~[inu s %~
Noi se of De~i~dicecharacter
(e. g., hum or screech)
Ninus 5
Noise source operated less than
20~in any one-hour period
in any one-hour period
1% in any one-hour period
Plus 5'
Plus 10-
Plus 1 5'
3O7
7A-10.2.
7.A-~0-3.
7A- 10-4.
7A-10-5.
7A-10-6.
7A-10-7.
?A-10-8.
7A- 10-9~'
*Apply only one of these corrections. All other corrections
(including any of the starred corrections) are cumulative.
Vibration: No vibration that can be detected at the lot line
without the aid of instruments shall be permitted. Vibration
caused by any use on any lot shall not result inan acceleration
exceeding 0.1g nor shall it produce a combination of amplitudes
and frequencies on any building or structure beyond the "safe"
range of Table 7, United States Bureau of Nines Bulletin No. 442,
entitled "Seismic Effects of Quarry Blasting". The methods and
equations of said Bulletin No. 442 shall be used to compute all
values for the enforcement of this. subsection.
'.Smoke: There shall not be discharged into the atmosphere from
any operation on any lot visible gray smoke of a shade darker
than No. 2 on the Bingleman ~oke Chart as published by ~he
United States Bureau of Nines, except that visible gray smoke of
a shade not darker than No. 3 on said chart may be emitted for not
more than four (4) minutes in any period of thirty (30) minutes.
These provisions applicable to visible gray smoke shall apply to
visible smoke of any other color but with an equivalent apparent
opacity or the requirements of the Virginia Air Pollution Act,
whichever is greater.
0..ther Air Poll.u~auts: There shall not be discharged into the atmos-
phere from any operation on any lot fly ash, dust, dirt, fumes,
vapors, or gases to any extent that could result in damage to the
public health or to animals or vegetation or to other forms of
property, or which could cause amy excessive soiling at any point;
and in no event shall there be any such discharge of solid or
liquid particles in concentrations exceeding 0.3 grains per cubic
foot of the conveying gas or air, nor of acid gases in excess of
12% DY volume. For measurement of the amount of particles in gases
resulting from combustion, standard corrections shall be applied to
stack temperatures of five hundred (500) degrees Fahrenheit and
fifty (505) percent excess air, or the requirements of the Virginia
Air Pollution Act, whichever is greater.
Odor: There shall not be discharged or permitted to escape into the
atmosphere from any operation on any lot odorous or noxious gas or
any other odorous or noxious material in such quantity as to be of-
fensive beyond the premises from which such odors emanate. As a
guide in determining such quantities "Air Pollution Abatement
Nanual", copyright 1951 by Nanufacturing Chemists Association, Inc.,
'Washington, D. C., shall be used or the requirements of the Virginia
Air Pollution Act, whichever is greater.
l~dioactivity: There shall be no radioactive emission that would
be dangerous to the health and safety of persons on or beyond the
premises where such radioactive material is used. Determination of
existence of such danger and the handling of radioactive materials,
the discharge of such materials into the atmosphere azid- streams and
other water, and the disposal of radioactive wastes shall be by
reference to and in accordance with applicable current regulations
of the Atomic Energy Commission, and in the case of items which
would affect aircraft navigation or the control thereof, by appli-
cable current regulations of the Federal Aviation Agency, and any
applicable laws enacted by the General Assembly of the Commonwealth
of Virginia or the requirements of the Virginia Air Pollution Act,
whichever is greater.
.E..lectrical Interference: There shall be no electrical disturbance
amanating from any lot that would adversely affect the operation of
any equipment on any other lot or ~remises and in the case of any
operation that would affect adversely the navigation or control of
aircraft the current regulations of the Federal Aviation Agency
shall apply.
Liquid or Solid. ~aste~: There shall be no discharge of any liquid
or_.sol.id .wa.ste.s. fro..m, any .est~abli.shm~n_t into any stream excep~ as
au~norzze~ oy ~ne ~oemar±e ~oun~y Service Authority and/or the
Board of S~pervisors, and the State ~ater Control Board, nor shall
any wastes, debris or other discarded material be permitted to ae~
cumulate in any yard or open space on the premises.
Glare an~ Heat: No direct or sky-reflected glare, whether from ~lo~d
lights or from high-temperature processes such as combustion, welding
or otherwise so as to be visible beyond the lot line, shall be per-
mitred except for signs, parking lot lighting and other lighting
permitted by this ordinance or required by any other applicable
3O8'
7A-1 1.
7A-11-1.
7A-11-4.
~A-I 1 r6..
?A-11-?.
-8.
7A-11-9..
7.A-1 1 -10.
7A-1 1-11.
7A-1 1 -12.
7A-1 1-13.
7A-1 2.
7A-12-1.
?A-13.
regulation, ordinance or law. There shall be no discharge of he~t
or heated air from any establishment so as to be detectable beyon¢
the lot line.
PROP0~D USE AND ~ DEVKLOP~NT PLAN ~SSION
Plans and documents to accompany applicatibns for a PropOsed Use
and Site Development Pls.u approval shall include the following:
~ertified plat of boundaries and approximate dimensions, location,
width, proposed grade and treatment of all frontage or abutting
streets, north point and scale and on an insert a location map
showing the relation of the proposed use to other uses in the
vicinityi
Proposed location and approximate dimensions of all buildings and
structures including walls, Fences and signs, and the uses to which
they shall be put.
Areas proposed for off-street parking, off-street loading areas, ac-
cess roads., walks and approximate dimensions thereof.
Any areas proposed for open storage and tables indicating number of
parking and .loading spaces and other pertinent data.
The proposed location of utilities including water, wells (if any),
sewerage, septic tanks (if any), gas, oil, electric and power lines.
Proposed railroads and on-Site rail facilities such as sidings,
spurs, etc.
The existing topography (Conlour Interval of ~ feet) and proposed
grading plan, ingluding any existing .water courses, streams or other
bodies of water (existing or proposed) and proposed drainage facili-
ties, on and off the site.
Proposed planting and landscaping plan, including screenplanting
and on perimeter lots in an R-TM zone ~he wooded and supplementary
plants in areas set aside as buffer strips.
Preliminary drawings of the proposed exterior elevation and plans of
all buildings and a brief oUtline of specifications of the proposed
architectural treatments for those exteriors, including an archi-
tectural perspective drawing of the proposed project as it will
appear from its principal street frontage.
Proposed plans for 'sedimentation control during constr~tion.
Approximate numbers and classifications of employees.
Statement of intent to ~omply with the minimum requirements and per-
formance standards in this Article signed by the owner of the pro-
posed development or, in the case of a corporation, an officer
thereof, or its authorized agent.
Notarized statements signed by persons who, by education and/or
experience, are qualified s_ad recognized experts in the field or
fields relating to the several performance standards, stating that
the performance standards set forth in Sections 7A-10-1 to 7A-10~9
inclusive can be met by the equipment proposed to .be installed to
accomplish the objectives of the said standards.
'SUBMISSION PRIOR TO ISSUANCE OF A BUIL~,,ING ,,AND ZONING PERNIT
No building or construction shall be commenced upon the premises
until a Final Use and Site Development Plan containing the informa-
tion specified Ln Article 7A-11, without approximations, is sub-
mitred to the Zoning ~xiministrator who shall grant a building permit
therefor provided such plans are found to be in substantial confor-
mity with the Proposed Use and Site Development Plan as originally
submitted. If the Zoning _Ad_ministrator shall find such plans not to
be in substantial conformity, the same shall be referred to the
Board of Supervisors after recommendation by the Planning Commis-
sion For determination thereof.
SUBMISSION TO RE MADE ON COE~PLETION
3O9
7A-13-1.
7A-14.
7A-14-1.
7A- 14-2.
7A-14-3.
Notarized statements signed by persons, who, by education and/or
experience, are qualified and recognized experts in the field or
fields relating to the several performance standards, stating the
performance standards as set forth in Section 7A-10-1 to 7A-10-,9,
inclusive, have been met within 30 days after operation of ~e
facility has commenced.
RO?O ED SU2 , USE
The site shall be developed in accordance with the~ Proposed Use
and Site .Development Plan. Substantial deviations therefrom shall
not be permitted withont submission and approval to and by the
Commission a~d the Board of Supervisors of a Supplemental Use and
Site Development .Plan. Such supplemental plan shall contain the
same information required in the original proposed Use and 'Site
Development Plan as specified in Article $A-11.
No additional structures or other site development changes shall
be made to structures erected or sites developed in accordance
with the foregoing without complying with the provisions of this
ordinance in the same manner as if such addition or change was
original structure or site development.
No change in use shall be permitted on a lot until a supplementary
proposed use plan has been submitted and approved by the Planning
Commission and the Board of Supervisor s.
On motion by Nr. Wood, seconded by Nr. Wheeler, the following resolution
was unanimously adopted:
BE IT RESOLVED by the Board of County Supervisors of Albemarle
County, Virginia, that this Board intends to amend the Albemarle
County Zoning Nap by the rezoning of. 220.74 acres located in the
northwest quadrant of interchange of Route 637 and I64, owned by 0. J.
Langford and Robert F. & Gladys Howard, from Industrial, Limited,
(N-I) to Research and Technical Nanufacturing (R-TN) and does hereby
request,-., the Planning Commission to hold public hearing and make
recommendation to this Board on said proposed amendment.
The Chairman advised that ~Lr. Thomas H. Jenkins had submitted his resigna-
tion as a member of the School Board. On motion by Nr. Wheeler, seconded by
Nr. Yancey, Mr. Jenkins' resignation was accepted with regret and the Clerk
was directed to write letter for the Board expressing appreciation to Mr.
Jenkins for his services.
On motion by Mr. Garnett, seconded by Mr. Yancey, and unanimously adopted,
Mr. Carl N. Van Fossen was appointed to the School Board from the ~te Hall
D~strict.
(~) Z~P-140 - Application of Lucy L. Burns to rezone 3.~ acre(S loCated at the
intersection of Routes 79~ and 620 from A-1 Agricultural to RS-1 Residen-
tial.
Mr. Dave Wood appeared as attorney for Mrs. Burns. No one appeared in opposi-
tion. Mr. Humphrey advised that the staff and Planning Commission recommended
approval of the application as requested. On motion by Mr. Paulett, seconded
by Mr. 'Wheeler, and unanimously carried, the recommendation of the Planning
Commission was accepted.
(3) E~P-143 -Application of David G. Campbell to rezone 10.23 acres located
0.7~ mile north of the Rivanna Reservoir on Route 643 i~rom A-1 Agricul-
tural to ~-1 ~anufacturing~
Ar. Humphrey advised that the staff recommended approval of. the A-1 zone as
requested but noted, t~hat protection should be afforded the existing residential
development through site plan control. He ~h~rther advised that the Planning
Commission recommended granting the ~-1 zone as requested by a vote of four to
three. Those appearing in support of the application were Joe Richmond, attor-
ney for Ar. C~mpbell, Ar. James Hill, Superintendent of Superior Stone and Ar.
Bullard of Stackhouse, Inc~, contract purchaser. Communication~in. opposition
were received I~rom Ar. Bernie U. Owens and from the Broadus Wood P.T.A. Appear-
ing in opposition, were Ar. Clarence NcClu~.e, Superintendent of Schools, Nrs.
Phyllis Garcia, Ar. Bob Vandevere, Ars. Hugh F. WoliTey, Ar. Wyantt Owens and
Ars. Elizabeth Bosenblum. The main point of opposition appeared to be the
safety factor involved with transportation of children to and from school on
Route 643. Ar. '~neeler stated that he could not support the application because
of danger to school c~hildren, and he felt property should not be zoneofor indus-
try when roads are not sufficient for traffic. The County Executive suggested
that the County Engineer and Plan_uer check with the Highway Department on the
probability of using alternate road and report back at the December meeting. On
motion by Ar. Gibson, seconded by Ar. Paulett, unanimously carried, this matter
was carried over until December 1 7, 1970.
(4) ~73 - Application of William ~cCauley for Special Permit to locate~a
permanent mobile home on property zoned A~I Agricultural located on
Route 676, 3/4 mil north of ~eriwether Lewis School.
Ar. and Ars. NcCauley appeared in support of their application. No one appeared
in opposition. Ar. Humphrey advised that the staff and the Planning Commission
recommended approval of this application subject to ~0 foot setback From all
· property lines and Health Department approval of septic system. On motibn by Ar.
Wood, seconded by Ar. Gibson and unanimously carried, the recommendation ~ the
Planning Commission was accepted.
(5) EP-75 - Application of J. D. Thomas for special permit to locate a mobile
home park on property zoned A-1 Agricultural located on Route 708 near Nt.
Olive Church.
Ar. Thomas appeared and advised that in view of opposition to his request at the
Planning Commission public hearing, he wished to withdraN his request. On motion
by Ar. ~ood, seconded by Ar. Yancey, unanimously carried, Ar. Thomas was granted
permission to withdraw his application without pre~judice.
(6) BP-74 - Application of Franklin ~. Walton for Special Permit to locate a
permanent mobile home on property zoned A-1 Agricultural located on Route
712 at Keene.
Ar. Walton was present; no one appeared in opposition. Ar. Humphrey reported
that the Planning Commission recommended approval subject to a 100 foot setback
From the right of way of Route 712 and Health Department approval of septic
311
system and that said approval be temporary and re-approved annually after
review by the Zoning A~mi~istrator~ On motion by Nr. Paulett, seconded by
Nr. Yancey, u~animously carried, the recommendation of the Planning Commis-
sion was accepted.
(7) N~-77 - Application of Tandem School For Special Permit to locate a
private co-educational school on property zoned B-1 Business and
located on Route 250 East on Pantops ~ountain.
Nr. Henderson Heyward appeared in support of this application. No one ap-
peared in opposition. Nr. Humphrey advised that the Planning Commission,
by a ~ive to two vote, recommended approval of the school as it now exists
for a period of three years with renewal available at the end of that time
period. On motion by Nr. Gibson, seconded by Nr. Yancey, and unanimously
adopted, the ~ubject application was approved For three years, at expiration
of which the applicant may apply For renewal.
Nr. ~neeler made inquiry with regard to progress on revisions to the
carnival, circus and other amusements ordinances. The County Executive ad-
vised that he would try to have something ready For the December meeting.
Nr. '~heeler requested that the Buritan Club be contacted since they were
interested in this matter.
Nr. Wheeler also called attention to salary of members of the Equaliza-
tion Board advising that he Felt they should be in line with Other boards.
AFter being advised by the County Attorney that this Board has authority to
set this salary, motion was offered by Nr. Wheeler, seconded by Nr. Gibson,
and unanimously adopted, establishing the salary of Equalization Board members
at $25.00 per diem effective immediately.
The County Executive was requested to arrange a meeting ~et~w~en the Board
and Dr. Iachetta to review air pol~tion ordinance.
Statements of expenses for the Department of Finance, the Sheriff's OFFice,
and the Office of the Commonwealth's Attorney were submitted for the month of
October, 19701,~ On motion by Nr. Gibson, seconded by Nr. Wood, these statements
we=e?unanimously approved.
Statement of expenses incurred in the maintenance of the County Jail was
submitted along with summary statement of prisoner days For the month of
ber, 1970. On motion by Nr. Yancey, seconded by Nr. Wood, these statements
were unanimously approved.
Claim of the Jail Physician was submitted For the month of October, 1970,
in the amount of $28.00, of which two-thirds is reimbursable by the State. On
motion by Nr. ~eeler, seconded by Nr. Gibson, this claim was approved FOr
payment.
Beports of the Department of Public Welfare were submitted For the month
of October, 1970, in accordance with Sections 63-67.1 and 63-67.2 of the Code
of Virginia.
3t'2'
Claims in the amount of $1,435.26 and $932.91, For October and November
respectively, were received from the University of Virginia Hospital For hos-
pitalization of indigent patients under S.L.H., On motion by Nr. Wood, seconded
by Nr. Yancey, these claims were approved For payment.
Report of the County Executive was submitted For the month of October,
1970, and was ordered filed.
The County Executive presented each Board member with a copy of brochure
prepared for the Commission on Outdoor Recreation in connection with applica-
tion for funds.
Communication was received from-Nr. Keene Byrd on behalf of committee
assigned with the task of drawing up proposal For yearly operation of an~
Opportunities Industrialization Center to serve about nine surrounding coun-
tieS and requesting this Board's endorsement of the 0IC philosphy. The Clerk
was directed to acknowledge Nr. Byrd's communication advising that the Board
would be glad to give this matter further consideration if the committee wished
to submit its proposal at a later date.
At 1:30 P.N. the Chairman called for public hearing on zoning requests
carried over from previous meetings as Follows:
(1) SP-66 - Application of George Cason For Special Permit to locate an ice
skating rink, boat renti~.g and dance pavillion on 2.2 acres located on
the soUth side of Route 643, w~st of Route 29, North.
Er. Humphrey reported that Nr. Cason had advised his office that he could not
be present For this meeting. No one from the public appeared. Mr. Humphrey
further advised that Mr. Cason did not file site plan with the Planning Com-
mission nor did he seek the assistance of the Planning Department in preparing
a plan to be submitted. On motion by Nr. Paulett, seconded by Nr. Gibson and
unanimously carried, this matter was deferred until proper information 'is re-
ceived from Mr. Cason.
(2) ~P-68 - Application of James C. Weeks to locate a permanent mobile home,
being previously a temporary mobile home, on 2.0 acres fronting on Route
Er. E. C. ~ingfield, attorney, appeared with Er. and Nfs. Weeks. Appearing in
opposition were Nm. Tommy Parrish and four other residents representing property
owners who signed petition presented at the last regular meeting. Nr. Humphrey
showed drawing as submitted to his office of proposed structure. He advised
that the Planning Commission recommended that t~e Special Permit be approved
For six months For the building of a permanent home, at the end of which time
the trailer would have to be removed. On motion by Er. Yancey, seconded by Mr.
Wheeler, unanimously carried, the recommendation of the Planning Commission was
accepted but the time specified was extended to one year from this date since
it was the expressed feeling of the Board that they did not with to place an
undue hardship on Nr. and Ers. Weeks during the winter months.
313
(3) Z~P-i33 - Application of ¥ictoria H. Burton to rezone 26.20 acres located
0.1 mile east of intersection of Route 649 and 606 .and the airport, im-
mediately south of Deerwood Subdivision, from A-1 to R-1.
Nr. and Nfs. Burton appeared in support of this application. No one else ap-
peared at this meeting. The Board was reminded that Nr.~ Rosser Payne, Planning
Consultant, and the Planning Commission recommended denial of the request. Af-
ter short discussion., motion was made by Nr. Gibson, seconded by Nr. Yancey and
unanimously adopted, to accept the recommendation of the Planning Commission.
The Chairman called for public hearing, as advertised in the Daily Progress
on 0c~ober 30, November 6 and November 13, 1970, on proposal to amend that section
of the Zoning Ordinance relating to Signs. Lmngthy discussions in ~pposition to
the amended ordinance as proposed were given by Nr. Paul Stotts, attorney
representing the Outdoor Advertising Association, and Nr. Leroy Graves, inde-
pendent sign maker. Several members of the Advertising Association were also
present. Nr. Jack I~inehar~ also spoke in opposition stating that sighs were
essential to the business community. Nr. Jackson, who o~ns a sign company,
stated that a limit of 100 sq. ft. would put his company out of business. Those
appearing in support of the ordinance as proposed include& Nr. Chester Kitchen,
second year law student, ~r. Furman Clyde of the Chamber of Commerce, Nr. Grice
~kitely (suggesting further restriction eliminating advertising that is ~not
essential to the business), Nr. Bob Nelson, student, Nr. Don Heyne, Nfs. James
Cash, Nfs. Nary Alice Plummer and Nr. Bill Perkins. Nr. Clyde stated that al-
though he feels the County needs an effective sign ordinance, the ordinance
should include special exemption for the new R-TN zone. After very lengthy
discussion, motion was made by Nr. Gibson, seconded by Er. Wheeler, and unani-
mously carried, to defer action on this matter until the next regular meeting
and it was the expressed opinion of the Board that a workshop should be held
with the Planning Commission on this matter.
The Board was advised that the terms of F. tt. Lentzsch and Yates Stafford
on the Airport Commission would expire on December 1, 1970. On motion by Er.
~heeler, seconded by Er. Yancey, unanimously carried, the Board stated that
it would concur with City Council in reappointment of these gentlemen (both
City appointees) or would be glad to consider further recommendations which
Council may wish to make at its next meeting.
Planning Commission appointments were carried over until the December
meeting.
Notice was received from the State Corporation Commission of public hearing
scheduled for 10:00 A.N. December 2, 1970, on application of A]_'s Radio Cabs,
Inc. for restricted common carrier to handle passengers and luggage at various
points, including the Charlottesville-Albemarle Airport.
S.P.C.A. reports were received for the months of August, 'September and
0ctober, 1970, and were ordered filed.
Claim against the Dog Tax Fund was received from Er. Virgil ~. Grinste~d
For one ewe and one lamb killed by dogs. On motion by Er. Wood, seconded by
Er. 'Wheeler, Er. Grinstead was allowed $15.00 for the ewe and $10.0'0 For the
lamb.
Communication was received.from Er. John DeKoven Bowen, Chairman of the
Central Virginia Council on Drugs and Drug Abuse, requesting that this Board
appoint a representative to serve on said Council. The Chairman appointed Er.
Lloyd ~Wood to serve in this capacity.
Claims against the County amounting to $913,991.78 were presented, examined
and allowed, and certified to the Director of Finance for payment and charged
against the following Ikmds:
General Revenue Fund
General Operating Fund
School Operating Fund
Virginia Public Assistance Fund
Capital Outlay Fund
Dog Tax Fund
County Water Systems ~
Joint Health ~-Zmd - Surplus
~ental Health Services
Commonwealth of Va. Current Credit Account
Town of 'Scottsville 1% Local Sales Tax
Total
On motion, the meeting was adjourned.
$ 3~9.9~
,165.56
,563.45
,695.52
137,225.27
%018.85
4,147.62
2,500.00
5,090.71
1~0,1~.84
89.9?
$913,991.78
**The County Executive advised that Ricky Road is now up to S~e Highway standards.
Er. Lloyd 'Wood extended thanks to the County Engineer, the Highway Engineer, Ers.
Grant ~oodford and Dr. Hurt For the assistance given in bringing this road up to
standards. Er. Wood offered the fol!owi'nE resolution which was seconded by Nr.
Yancey and unanimously adopted:
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 System of Highways the
Following section of road in Albemarle County:
Ricky Road i~rom Sra. 1+81.80 = Corporate Limits of the City
of Charlottesville and continuing in a ~outhwesterly direc-
...... tion to Sra. 13+35 = c~nter line of Route 654 (Barracks Road) -
a to~al distance of approximately 1,154 Feet.
BE IT FUDHERtLESOLVED that the Virginia Department of Highways be
and is hereby guaranteed a 50' unobstructed right of way and drainage
easements on this requested addition as recorded by Dlat in the office
of the Clerk of the Circuit Court of Albemarle County in Deed Book 480~
page 568.
315
December 8, 1970
Pursuant to the following waiver, the Board of County Supervisors of Albe-
marle County, Virginia, met in special session at 4:30 P.N. on this date in the
Board Room, County Office Building, with the following members present: l~ess~s.
E. N. Garnett, Joseph E. Gibson, F. E. Paulett, Gordon L. Wheeler and B. A.
Yancey.
Absent: Nr. Lloyd F. Wood, Jr.
Officers present: County Executive.
Others present: Nembers of Planning Commission and Service Authority.
We, the undersigned, members of the Board of County Supervisors Of
Albemarle County, Virginia, do hereby waive notice and special ser-
vice thereof, of a meeting called for 4:30 P.N. on the'Bib day of
December, 1970, to be held in the Board Boom of the County Office Build-
ing, for the purpose of considering report on Upper Bivanna River Basin
Taste Water Treatment Study, and we do hereby consent to any a~d all
business and the taking of such action at said meeting upon the matter
hereinabove mentioned as may be lawful, .
E o Gibson
Gordon L. Wheeler
:[.~'-dyd F. '~ood, Jr
~iv~a diver Basin ~aste ~ater Treatment Study as prepped by ~cNair, Simons
Cline, Consulting ~gineers. ~. W~ren Cline presented such report, advising
that it ~d been reviewed ~th ~. Bosser Pa~e ~o was ~ basic conc~rence
~th ~s firm's reco~endations. He also stated that in making the stu~ the engi-
neers ~rked ~th officials ~d oonsult~ts of the City of Ch~lottesville.
Cline reviewed the study ~d reco~endations in detail ~d emphasized that s~veys
must be stated i~ediately to save construction pre~-pa~ents to meet G.E.'s
deadline. It was the general concensus of opinion that more time should be given
to study ~d digest the report ~d that the Co~ty should ~it to see ~at G.E.
does before considering the ~ll Droposal. However, For the i~ediate ~t~e, ~e
Follo~ resolution was offered by ~. Gibson, seconded by ~. Y~cey, ~d ~ui-
mously adopted:
326'
BE IT RESOLVED by the Board of County Supervisors of Albemarle
County, Virginia, that rules with regard to second reading be suspended
and that $~,800~00 be and the same is hereby appropriated to cover the
first two segments of survey in connection with Upper Rivanna River
Basin Waste Water Treatment.
On motion, the meeting was adjourned.
~ ~hairman