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HomeMy WebLinkAbout1973-06-13i24 6-13 -73 A regular meeting of the Board of Supervisors of Albemarle County, Virginia was held on June 13, 1973, at',7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia. PRESENT: Messrs. Stuart F. Carwile, J.T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. (Mr. Wood arriving at 8'20 P.M.) ABSENT: Mr. Gerald E. Fisher OFFICERS PRESENT: County Executive and County Attorney. Mr. Wheeler called the meeting to order and called for public hearings on zoning matters as advertised in the Daily Progress on May 23 and May 30, 1973- (1). SP-249. Virginia Watkins. Action on this petition had been deferred from May 23, 1973. Mr, Humphrey again gave the staff's report and stated that the Planning Commission had recommended approval with the following conditions: 1) No outside high volume loudspeakers 2) no exterior lighting 3) only small type snack and drink machines - no leasing of concessions 4) one 1 sq. ft. business sign 5) no riding after dark or sunset 6) no parking within 100 ft. of the right.of w~y .of Romte 641 7) trees to remain in that 100 foot setback 8) permit to be renewable administratively each year after approval for compliance~ Mrs. Watkins was present in support of the petition. Mr. Vernon Raque said he lived one-half mile to the east and he objected to this petition as he was concerned that riders would ride on the highway and trespass on private land. He was also concerned about noise on the premises and how the County would enforce the conditions imposed. Mr. Charles Southard, adjoining landowner, felt that this constituted a business and was not in a business zone. Mr. Graham Lilly felt if this were approved with the restrictions given it should be added that there would be no riding on public highways. Mrs. Rachel Lilly said she had visited the 507 dude ranch where Mrs. Wa~kins once worked and found that the riders did ride on the lawns and on the highway. Mrs. Watkins said that most of the people objecting to her petition lived three miles or more from her. She said she had paid quite a lot for the horses and she would not allow them on the highway. Also concerning the dude ranch, she did not own that pro- perty. Mr. Wheeler said he could see there was a need to find a suitable place for riding but he questioned a facility of this type on Route 641 as he felt it would be detrimental to the area. Mr. Thacker offered motion to approve the petition subject to the Planning Commission recommendations changing No. 8 to read "Permit to be renewable administratively each year and if the Planning Director feels that this facility is not being operated properly the petition is to be brought back to the Planning Commission and the Board of Supervisors." 6-13'73 125 He also added the £ollowing conditions- 9) No riding of leased horses on any public property 10) No riding o£ leased horses on any property other than the applicants property unless Mrs. Watkins receives written permission from the property owner. Motion was seconded by Mr. Carwile and carried by the following recorded vote- AYES: NAYS: ABSENT: (2). Messrs. Carwile, Henley, Thacker and Wheeler. None. Mr. Fisher and Mr. Wood. SP-265. Thomas and Margie Shifflett. Thomas and Margie Shifflett have petitioned the Board of Supervisors to locate a permanent mobile home as an addition to a single family dwelling on 1.89 acres zoned A-1 Agricultural. Property is situated off of Route 810 about ½ mile east of Boonesville. Property is described as County Tax Map 7, Parcel 59A. Mr. Humphrey stated that the property is situated on Route 810, approximately three quarters of a mile east of the area known as Boonesville. This parcel is wooded and there are no other dwellings or mobile homes wi. thin a quarter of a mile of this site, however, there exists on either side of this parcel a dwelling unit both of which are visible from the site. He stated that the Planning Commission had recommended approval subject to the following conditions-: 1) reapproval of the septic tank system by the Health Department 2) the mobile home is to be placed to the rear of the existing house so as to act as an addition to that house Mr. and Mrs. Shifflett were present. No one from the public spoke for or against Mr. Henley offered motion to approve SP-265 as recommended by the Planning The motion was seconded by Mr. Carwile and carried by the following recorded Messrs. Carwile, Henley, Thacker and Wheeler. None. Mr. FiSher and Mr. Wood. SP-266. E.M. Martin. E.M. Martin has petitioned the Board of Supervisors to' locate a custom built sheet metal work and welding operation on 4.4 acres zoned M-1 Industrial. Property is situated on east side o£ Route 742, approximately 2 miles south of Charlottesville. Proper~y is described as County Tax M~p 90, Parcel 35W, Lot 6. Scottsville Magisterial District. It was determined that the petitioner was not present at this hearing and in light of prior actions Mr. Carwile offered motion to defer the public hearing on this matter until Thursday, June 21st. Motion was seconded by Mr. Thacker and carried by the following recorded vote' AYES: Messrs. Carwile, Henley, Thacker and Wheeler. NAYS: None. ABSENT' Mr~ Fisher and Mr. Wood. (4). SP-267. Irma S. Page. Irma S. Page has petitioned the Board of Supervisors to locate a permanent mobile home on 1 acre of land zoned A-1 Agricultural. Property is situated west side of Route 676, approximately two-thirds mile south of Owensville. Property is described as County Tax Map 42A, Parcel 20. Samuel Miller Magisterial District. the petition. Commission. vote: AYES: NAYS: ABSENT: (3). 6-13-73 Mr. Humphrey gave the staff's report a~d stated that the Planning Commission re- commended approval subject to the following conditions: 1) to be a 5-yr. permit renewable administratively 2) Health Department approval of the septic tank system. Mrs. Page was present. No one from the public spoke for or against the petition. Mr. Carwile offered motion to approve the petition as recommended by the Planning Commission. Motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Mr. Fisher and Mr. Wood. At this time the Chairman called for a public hearing on an amendment to the License Tax Code of Albemarle County, Virginia as advertised in the Daily Progress on May 16 and May 23, 1973. Mr. Ray Jones was present to state that the first amendment was proposed to clarify language in the ordinance. The second amendment is to exempt certain charitable and civic organizations. A Mr. Ralph Tabor from the University of Virginia stated that they had asked for exemption for the charitable organizations and he asked that the Board support ~his amend- menu. No one else from the public rising to speak, motion was offered by Mr. Carwile, seconded by Mr. Henley to adopt the following amendments ~o the License Tax Code of Albemarle County. Article I General sub-section (c) Gross Receip~ - 10th line where it reads that the term "gross receipts" with respect to manufacturers and wholesale merchants manu- facturing or dealing in articles upon which there is levied a direct excise tax by the United States Government by adding shall exclude such excise tax payments from the gross receipts. Section 65 - by addition of the following' And provided further, with the exception of license requirements for dance halls under Section 31 of this Ordinance, that all social organizations, frater- nities, benevolent order,- religious, education, civic and ~military organizations, charter clubs, rescue squads, volunteer fire companies which conduct business or perform services in which compensation in any manner is received shall be exempt from taxation under this Ordinance so long as the compensation or receipts in excess of the actual expenses are devoted to and used for charitable purposes. Ail such organizations seeking exemption under this section must apply, and provide proof if necessary, to the Director of Finance or his appointed deputy for an exemption certificate. The foregoing motion carried by the following recorded vote' AYES' Messrs. Carwile, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Mr. Fisher and Mr. Wood. Upon motion by Mr. Henley, seconded by Mr. Carwile, the Clerk was ordered to ad- vertise for a public hearing on July 19, 1973, at 10'00 A.M. an addition to the County Code known as Section 4-131, Dogs running at large. This section to be advertised for the following areas. 1) University of Virginia Grounds 2) Orchard Acres Subdivision, Crozet 6-13-73 127 The foregoing motion carried by the following recorded vote' AYES' Messrs. Carwile, Henley, Thacker, Wheeler and Wood. NAYS' None. ABSENT' Mr. Fisher. On motion by Mr. Carwile, seconded by Mr. Thacker, August 8, 1973 was Ordered ad- vertised as public hearing date for flood lines, a part of the flood plain ordinance. Motion carried by the following recorded vote' AYES' Messrs. Carwile, Henley, Thacker, Wheeler and Wood. NAYS' None. ABSENT' Mr. Fisher. Mr. Humphrey made a request from the staff that the Townhouse Ordinance be moved from the Subdivision Ordinance to the Zoning Ordinance. Motion was offered by Mr. Wood to direct the Planning Department to advertise this change for a public hearing. Motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES- Messrs. Carwile, Henley, Thacker, Wheeler and Wood. NAYS' None. ABSENT' Mr. Fisher. Motion was offered by Mr. Henley, seconded by Mr. Thacker to advertise the City's petition for a landfill on Route 20 North for July 31, 1973, at 7'30 P.M. This public' hearing to be held at Albemarle, Burley, or Jouett, whichever school will be available that night. Motion carried by the following recorded vote' AYES' Messrs. Carwile, Henley, Thacker, Wheeler and Wood. NAYS' None. ABSENT' Mr. Fisher. .Motion was offered by Mr. Carwile to adjourn this meeting until June 20, 1973 at 4-00 P.M. in the Board Room. Motion was-seconded by Mr. Thacker and carried by the following recorded vote' AYES' NAYS' ABSENT: Messrs. Carwile, Henley, Thacker, Wheeler and Wood. None. Mr. Fisher Chairman