1973-04-11 A regular meeting of~ the Board of County Supervisors of Albemarle County,
Virginia was held on April 11, 1973, at 7:30 P.M. in the ~Albemarle County
Courthouse, Charlottesville, Virginia.
Present: Messrs. Stuart Fo Carwile, Gerald E.Fisher~ J. T. Henley, Jroy
William C. Thackery Jr.~ Gordon L. ~heeler and Lloyd F. Wood, Jr.
Officers present: County Executive and CountyAttorney.
A Mr. Smith appeared before the Board to request their participation in Happy
Day events sponsored by the University Uniony to be held on April 28y 1973.
There followed a short discussion of a request for funds for expansion of
the Health Department. It being the concensus of the Board that additional information
was needsdythis item was ordered carried over to April 19 and the Clerk was requested
to have Dr. George Moore present at that meeting.
Mro heeler announced that the meeting with Mr. Shanholtz and Dr. Graham which
was formerly scheduled for April 16y 1973 ha~ been rescheduled to May 7y 1973 at
$:00 P.M. in the Board Room.
A request from the Mental Health Board asking for Board approval of revised
fourth quarter programs was presented and this matter was also ordered ca~rried over
to April 19o
Mr. Wheeler announced that City Council has appointed Raymond Pace, Cole
Hendrixy George Gillum and Jill Rinehart as their representatives on the ~oint
Security Complex Committee and he then recommended that this Board appoint Stuart
Carwile~ Gerald Fishery Tom Batchelor and George Bailey as County representatives
to this ~ommittee. Notion to this effect was offered by Mr. Woody seconded by
Mr. Thacker and carried by the following recorded vote:
~YES: Messrs. Carwiley Fishery Henley, Thackery Wheeler and Wood.
NAYS: None.
Appointments to the Parks Committee were earried over to April 19.
T~e next matter under discussion was SP-237 for Wolvery Corp. This matter
was carried over from March 28, 197~ Mr. H~phrey again gave the staff's report
~nd the Planning Co~mission recommendations. Mr. Wolf was present in support of
the petition. Mr. St.John stated that the County would not be liable to furnish
water to these houses if the wells went dry and Nr. Wolf could proceed with
wells and not come to this board for any approvals. He also stated
individual
that the only reason for this approval was for health reasons and there was no way
this Board could prevent Mr. Wolf from using every drop of water under his land.
Following a short discussion, Mr. Carwile offered motion to approve SP-2~7 as
recommended by the Planning Commission and subject to the following conditions:
(~) Health Department approval~ (2) County Engineer's approval of the size and
type of line; (3) not to exceed five wells total, one of which shall be the
existing well, located approximately ~0 feet west of the right of way of Route 20~
(~) none of the remaining four wells shall be located nearer than 2~0 feet of the
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right of way of Route 205 and (~) the existing well not be drilled any deeper.
Motion was seconded by Mr. Henley and carried by the following recorded vote:
AYES: Messrs. Carwile~ Fishery Henley~ Thacker~ Wheeler,and Nood.(Mr. Wood stated
that he voted aye only because he felt the Board had no alternative.)
NAYS: None.
At this timer the Chairman called for public hearings on zoning matters as
advertised in the Daily Progress on March 21 and March 28, 1973:
(2) ZMP-259, Certified Welding Service has petitioned the Board of Supervisors
to rezone a parcel of land described as County Tax Map 90s Parcel 35Q from
Agricultural to M-1 Industrial. This parcel is located on Route 7~2 south of
Charlottesville° Scottsville Magisterial District.
(~) ~UP-73-O3. Certified Welding Corporation has petitioned the Board of ~pervisors
to amend the zoning ordinance~ section 8-~-27 (12) to allow welding in the M-1
Industrial zone with a special use permit.
Relating to ZMP-2~9~ Mr. Humphrey stated that the property is situated on the eas~ side
of Route 7~2s Avon Street Extendeds approximately 800 feet north of Snow's Nursery~
M-1 zoning exists to the immediate south which contains Hall Brothers Cabinet Shop~
a saddlery shop and Enow's Nursery. Lake Reynovia is located across Route 7~2. Several
to
dwellings exist to the north en the east side of Route 7~2. Beyon~ and/the north is
the community college~ city-county security complex and the~proposed armory. The
comprehensive plan indicates the area in which the subject property lies to be con-
ducive to light manufacturing. Several rezonings to the M-1 category have been
consumated over the past two years~ thus, establishing county policy which was
recognized by the consultant in the development of the comprehensive plan. The staff
recommended approval of this request in keeping with present policy regarding this
area. In light of this recommendation, the Planning Commission also recommended
approval of this rezoning~
Mr. Humphrey stated that for UP-7~-O3s the ~pplicant wishes to amend the Albemarle
County Eoning Ordinance to allow welding in an M-1 zone with a special use permit. Under
the present ordinances welding shops are permitted only in the M-2 zone. This use
~ermit is in conjunction with the previous request for a rezoning from A-1 to M-I on
Avon Street~ Route 7~2. That request~ ZMP-2~9~ was approved by the Planning Commission
on January 8s 1973. On January 2~, 1973s the Board of Supervisors deferred that petition
until such time as the use permit could be heard at the same time. The use permi~
which originally requested w~ ding in an M-1 zone as a permitted uses had been
delayed due to an advertisement error by the newspaper.
At the January 2~ Board meeting~ the Board also suggested that the use permit
would make better sense if it were changed to request welding as a special permit use
rather than a permitted use. They did nots howevers suggest that they would definitely
approve it in that form~ but rather merely suggested the re-wording. The applicant
therefore reworded the petition and it was then readvertised properly.
2O
4-11-73
If approved~ this use permit would not apply to a specific parcel~ but would
apply generally to any parcel of land in the county zoned for M-I uses.' In the
existing M-1 zone$~welding is permitted as a secondary or incidental use to a
primary use. The applicant could be covered in the M-1 zone u~der the,existing
permitted use of contractor's office and equipment storag~e xard~ however, the staff
was informed there may be some small welding work accomplished on the site. The
staff recommended that iF the amendment is granted~ that it be specified that all'
welding take place in an enclosed building to meet the intent of the M-! zone.
Mr. Humphrey staEed that after several meetings and many d~scussion$~ the Planning
Commission had recommended amending the M-1 use section~ under the~special ~ermit
section, to include light welding operations.
Mr. Birckhead was present in support of the petitions. No one from the public
spoke for or against either petition.
Motion was offered by Mr. Wood to accept the recommendation of the Planning
Commission and approve ZMP-2~9. Motion was seconded by ~. Henley and carried by
the following recorded vote:
'AYES: Messrs. Carwile~ Fisher, Henley,'Thacker~ Wheeler and Wood.
Nays: None.
Motion was offered by Mr. Wood to amend Section 8-1-27 to permit light welding
with a special permit. (UP-7~-O~). Motion was seconded by Mr. Thacker and carried
by the following recorded vote:
AYES: Messrs. Carwile~ Fishery Henley, Thacker~ Wheeler and Wood.
NAYS: None.
(~ ZMP-2~$. Wo I. Mawyer has petitioned the Board of Supervisors to rezone $.~2
acres from A-1 Agricultural to R-~,~Residential. Property is situated on east
side of Route 29 South at North Garden. Property is described as Tax Map 98~
Parcel 10~ S~mual Miller Magisterial Bistrict.
Mr. Fisher stated that he had received a call from Mr. Mawyer asking that this
matter be postponed. He had told Mr. Mawyer that it was legally advertised and
since it had been pending since last summer and there had been considerable
mopposition~ he felt the Board would not want to postpone this matter again. Mr.
Ma~er had then requested that the petition be withdrawn.
After a short discussion of this matter~ Mr. Fisher offered motion to allow
Mr. Mawyer to withdraw ZMP-2~ without prejudice. Motion was seconded by
Mr. Wood and carried by the following recorded vote:
AYES: Messrs. Carwile~ Fisher, Henley, Thacker~ Wheeler and Wood.
NAYS: None.
(~) SP-2~O. Jerry and Linda Jordan have petitioned the Board of Supervisors to
locate a permanent mobile home on ~Oo6 acres of land zoned A-1 Agricultural.
Property is situated on Rout'e 117~ near its intersection with Route 6~0.
Property is described as Tax Map 1~9, Parcel ~1. Scottsville Magisterial
District.
Mr. Humphrey stated that the property is situated between Rt. 6~0 and Rt. 717,
about 1 1/2 miles~fro~ Alberene and about three miles from Esmont. To the north of
2i
the ~ubject property, across Route 630 lies Green Mountain Subdivision containing
$2 lots average 2-plus acres, not yet developed. To the east is a recent subdivision,
10 lots averaging two acres, being developed in F.H.A. homes. The subject property
contains one. dwelling on Route 630. Mr. Humphrey stated that the Planning Commission
recommended approval w~D~h the following conditions: (1) Health Department approval
of a septic tank system~ (2) adequate screening to the satisfaction of the County
Planner; and (3) mobile home to be located to the rear of the house on this property;
and ($) permit to be limited to three years and at the end of-this time the applicant
must reapply for a permit.
Mr. Jordan was present in support of his petition and stated that he hopes to
build or ~model the present house within five years. No one from the public spoke for
or against the petition.
Mr. Tha~ker offered motion t~ approve SP-250 with conditions as recommended by
the Planning Com~ission and with the added stipulation that if the existing house
is remodeled or a newhouse is built durin§ the three years~ the special permit is to
be revoked at that time. Motion was seconded by Mr. Carwile and carried by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
(~) SP-251. E~wood B. Shiflett has petitioned the Board o£ Supervisors to locate a
permanent mobile home on 6.28 acres zoned A-I Agricultural. Property is situated
on Route 691, 1/2 mile north of intersection with Route 690. Property is described
" as Tax Map 5~ Parcel 36. White Hall Magisterial District.
Mr. Wheeler stated that he had received a letter from Harry T. Marshall~ Attorney
representing Mr. Shiflett~asking that this matter be deferred until the April 2~th
meeting. Mr. Wheeler asked for comments from the public and no one rising to speak,
Mr. Carwile offered motion to defer action on this matter until April 2~. Motion
was seconded by Mr..Henley. Mr. Walter Young then~i~ated that he. had come to speak
against this petition and had not understood the chairman. Mr. Wheeler stated that
this matter would be carried over to April 2~ and vote was taken at .this point:and
the motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
~SENT: Mr. Wood.
(6) SP-2~2, Holdenm. Art Center, Inc. has petitioned the Board of Supervisors to locate
an edacational institution on ~.~ acres of land zoned B-1 Business. Property is
situated on Old Ivy Road off Route 2~0 West. Property is described as Tax Map 60,
Parcel 2~. Samuel Miller Magisterial District.
Mr. Humphrey stated that the Planning~Commission recommended approval of this special
permit subject to a revised site plan being submitted and installation of a deceleration
lane with approval of the Highway Department. The feasibility of a deceleration lan~:t
would have to be investigated with the Highway Department.
¥-~ 1-73
Mr. Lee Armentrout was present in support of the petition. He stated that
the present garage building will be utilized for ceramics and pottery with the end
of the garage being used for gift sales. All other building plans are for long-
range use and are not being requested at this time.
Mr. Fisher stated that he had no objection to this use for this piece of
property however he was concerned about traffic on Rt. 2~0. Mr. Fisher offered
motion to approve SP-252 as recommended by the Planning Commission. Motion was
seconded by Mr. Thacker and carried by the following recorded vote:
AYES: Messrs. Carwile, Fishery Henley, Thacker and Wheeler.
NAYS: None°
ABSENT: Mr. Wood.
Mr. Carwile abstained during the following discussion:
Mr. Humphrey stated that Transcontinental Gas Company has requested a~building
permit for property located on W estfield Road and since the Beard had decreed that
no building permits should be issued until this road is accepted into theState
Secondary System~ he asked for clarification of this matter. After a short
discussion~ Mr. Thacker offered the following motion: In as much as Transcontinental
~as has expended money on a site plan and grading plan and has performed grading~
the Planning Department is authorized to issue a building permit on this application
based on the fact that the site plan was reviewed and a grading permit was apProved
prior to March 1~ 1973. The motion was seconded by Mr. Wood and carried by the
following recorded vote:
AYES: Messrs. Fishery Henley, Thacker~ ~eeler and-Wood.
NAYS: None.
ABSTAINING: Mr. Carwile.
Mr. Humphrey introduced Mrs. Ruth Miller~ the new Zoning Administrator for
Albemarle County.
On recommendation of the Chairman~ Mr. Carwile offered motion to adjourn to
executive session for discussion of a legal matter. Motion was seconded by Mr.
Henley and carried by the following recorded vote:
AYES: Messrs. Carwile~ Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
The Board reconvenedo
Motion was offered by Mr. Carwile to adjourn this meeting until 7:30 P.M.
on April 12, 1973, at Red Hill School to hear SP-203. Motion was seconded by
Mr. Henley and carried by the following recorded vote:
AYES: Messrs. Carwile~ Fisher~ Henley~ T~acker~ Wheeler and Wood.
NAYS: None.
Chairman