1973-08-228-22-73
211
A regular meeting of the Board of Supervisors, of Albemarle County, Virginia,
at ~:30
was held on August 22, 1973/~P.M. in the Albemarle County Courthouse, Charlottesville,
Virginia.
PRESENT: Messrs. Stuart F. Carwile, Gerald E. Fisher, J.T. Henley, Jr.,
Gordon L. Wheeler and Lloyd F. Wood, Jr.
ABSENT: Mr. William C. Thacker, Jr.
OFFICERS PRESENT: County Executive and County Attorney.
Mr. Wheeler called the meeting to Qrder and called £or public hearings on zoning
matters as advertised in the Daily Progress on Augus~ 1, and August 8, 1973.
(1) ZMP-2~I. Alder. sgate United Methodist Church has petitioned:.~__
the Board of Supervisors to rezone 3.90 acres of land from A-1 Agricultural
to B-1 Business. Property is situated on south side of Route 631 (Rio Road)
about one mile north of Northfields. Property is described as County Tax
Map 61, Parcel 129B. Charlottesville Magisterial District.
Miss Mary Joy White gave ~he staff report and stated tha~ the request is in compliance
with the comprehensive plan and lhe staff recommended approval. Mr. W. A. Pace, Jr.
was present on behalf of the petitioner. No one from the public spoke for or against.
Motion was offered by Mr. Fisher to approve ZMP-281. Motion was seconded by Mr. Carwile
and carried by the following recorded vote:
AYES':
NAYS:
(2)
Messrs. Carwile, Fisher, Henley, Wheeler and Wood.
None.
SP-270. Viola T. Edwards has petitioned the Board of Supervisors ~o locate
a two-family dwelling (basement apartment) on 22.82 acres of land zoned A-1
Agricultural. Property is situated on the north side of Rou~e 600 at Stony
Point. Property is described as County Tax Map 48, Parcel ll-D. Rivanna
Magisterial District.
Miss White stated that the property is situated on the north side of Route 600 near
its intersection with Route 20 N. at Stony Point. This request could be considered
an accessory living unit and will not exceed the density requirements of the agri-
cultural zone, therefore, approval of this petition would not set a precedent for
prematurely dense development in this area. Miss White stated that the Planning
Commission recommended approval subject to 'the following conditions'
1. Approved for two years and subject to review by the Planning department
at the end of two years; and
2. Health Department approval of a septic tank system.
Mrs. Edwards was present in support of the petition. No one from the public spoke
for or against. Motion was then offered by Mr. Wood To approve SP-270 as recommended
by the Planning Commission. Motion was seconded by Mr. Carwile and carried by the
following recorded vote'
AYES' Messrs. Carwile, Fisher, Henley, Wheeler and Wood.
NAYS' None.
Mr. Wood said he had received a request in writing from Virginia Spor~s, Inc.,
asking The Board of Supervisors to permit them to increase the seating capacity and
the parking spaces at the Charlottesville Ice-Skating Rink (SP-196) for a one time
function sponsored by one of the city's organizations to raise money for local charities.
8-22-73 ·
They said that arrangements are underway to provide another 100 spaces of temporary
parking from a neighboring business. In addition they would supply their own police
control of traffic. They asked for permission To install an additional 450 seats
stating that this figure is within limitations set by the Sta~e Fire Marshall's office.
Mr. Peter Easter was present. He said that they would install bleacher type
seats. Mr. Fisher asked if it was their intent to remove these seats after this
even~. Mr. Easter said no, this is not p~ctical since the seats will be inside,
under cover, however, the seats will be on one side where they can be blocked off to
public use. Mr. St. John said he believed the special permit contained a provision
where they would be allowed to come back to the Board from time to time and require
additional parking for special events. Mr. Fisher said he had no objection to a one
time use such as this, however, the special permit is based on the zoning ordinance
which allows a seating capacity of 450 with 100 parking spaces for a certain number
of square feet, and if the Board gives permission to install 950 seats on a permanent
basis, this is in contravention of the zoning ordinance unless additional parking is
provided on a permanent basis. Mr. Carwile felt if the applicant will restrict the
use of the extra seats at all other times, he did not think this would create any
problem. Mr. Fisher asked Mr. St. John if the Board allowed this how the Board would
enforce that element of the zoning ordinance for other applicants.
Mr. St. John said it was unusual where a provision such as this was contained
in the special permit and he did not see that if one person could request this
where another person could not also request this under~he Code of Virginia. However,
he did not feel that by granting Chis request one time it meant~that this set a pre-
cedent and the Board would have to grant such a request again.
Mr. Carwile could see no harm in granting this particular applicant the right to
have special events a~ given times where the spectator attendance would exceed what
the ordinance allows and he felt it would be unreasonable for the Board to rgquire
the applicant to remove the bleachers if they would restrict the use of same. He
said that'if later the Planning department found the applicant was not restricting the
use of these additional seats they could return to the original permit issued and
require the removal of the seats.
Mr. St. John said these seats could be treated the same as if they were folded up
and stored away in a warehouse. He did not think the fact that the seats were allowed
to remain in the building would have a bearing on the situation.
Mr. Wood said that if the seats were roped off a~ all times except during this
special event and approval was conditioned on the fact that there would be no on-street
parking in that area and that they provide their own ~Qli~eprotection to handle the
traffic he had no objection. He thought this event would be a good experience factor
for the Board as well as for Virginia Sports, Inc.
Mr. Wood then offered motion to permit this use based on the following:
1) Virginia Sports, Inc., provide their own police protection;
2) there be no parking on the streets in this area during the event; and
8-22-73
3) that the 450 additional seats required for this function be completely
roped off and not used in their normal hours of business a~ any time without further
approval of this Board.
The motion was seconded by Mr. Carwile.
Mr. Easter said that only part of Greenbrier Drive is posted with no parking
it
signs and~would be almost impossible to keep people from parking on Commonwealth
and some of the other streets and he asked if this provision was necessary. Mr.
Wood said he would be willing to try this one time with the understanding that Virginia
Sports, Inc., would administer parking regulations that are satisfactory and workable.
Vote was taken at this point and the motion carried by the following recorded vote:
Messrs. Carwile, Fisher, Henley; Wheeler and Wood.
None.
AYES-
NAYS'
(3)
SP-272. Hickory Ridge Limited has petitioned the Board of
Supervisors to locate a Planned. Unit Development on 517.14
acres of land zoned A-1 Agricultural. Property is described
as County Tax Map 18, Parcels 14 and 14A; and County Tax Map
30, Parcels 36, 37 and 37A. White Hall Magisterial District.
Miss White stated that the property is situated on the northwest side of Route 665
at the intersection of Route 662 between Free Union and Earlysville. The character
of the area is rural in large tracts. The property is situated on a ridge overlooking
Buck Mountain to the west.
The comprehensive plan designates this area for agricultural and related agri-
cultural uses. She said the applicant is utilizing the PUD activity to develop a
cluster subdivision as c~p~o.sed to the standard two acre approach to the division of
land in A-1 zones. The staff has suggested that the applicant's proposal is proper.
The density does not exclude that which is permitted under the A-1 zone under standard
divisions of land. The flood plains and steep slopes hav'e not been tampered with and
will be used for recreational purposes. The staff had recommended approval with
certain q~ndit'ions imposed.
Miss White stated that the Planning Commission recommended approval with the
following conditions'
1. County approval and recordation of .
a) declaration of covenants and restrictions at the time of submittal;
b) By-Laws of Homeowner's Association, ~
c) Articles of Incorporation;
2. Approval of the 4.74 acre business site
a) to be commensurate with the ideas of the PUD
b) limited to five acres
c) final site~pI~n review;
3. Percolation correlated with soil analysis of the site;
4. If a lake is constructed that it be done with the review and approval of
Soil Conservation Service;
5. Roads to be constrUCted To the wishes o£ the Board o£ Supervisors regarding
8-22-73
214
restricted road policies; and
6. That all lots not suitable for septic tanks and drain fields be able to
use the open space and that they cannot be unreasonably denied the use of
this area.
Mr. Joseph Richmond, Mr. Max Evans and Mr. HenryB~o~wne were present in support
of the petition. After a presentation by the applicant and a lengthy discussion of
this permit by the Board of Supervisors, Mr. Wood offered motion to approve SP-272
with the following conditions'
1) County approval and recordation of declarations of covenants and re-
strictions at time of submittal, By-Laws of Homeowners Association and
Articles of Incorporation;
2) The business area approved as follows:
a) to be commensurate with ideals of PUD,
b) to be limited to five acres; and
c) final site plan review;
3) Percolation correlated with soil analysis of site;
4) If lake is constructed, that it be done with approval and review of
Soil Conservation Service;
5) Roads are to be constructed in accordance with State Highway specifi-
cations so they may be accepted into the State Secondary System;
6) That all lots not suitable for septic tanks and drainfields be able to
use the open space and that they cannot be unreasonably denied the use of
this area.
7) That water is to come back under a separate permit.
The foregoing motion was seconded by Mr. Henley and carried by the following recorded
vote:
Messrs. Carwile, Fisher, Henley, Wheeler and Wood.
AYES'
NAYS'
(4)
None.
SP-276. Eura J. Carpenter has petitioned the Board of Supervisors
to locate a permanent mobile home on 3 acres of land zoned A-1
Agricultural. Property is situated on south side of Route 250
East; east side of Route 808. Property is described as County
Tax Map 94, Parcel 8B (part thereof). Rivanna Magisterial
District.
Miss White stated that the property is situated on the east side of Route 808 off of
Route 250 east. Access from Route 808 is by a light surfaced road, state maintained.
There is one mobile home presently to the north of the subject property and several
other dwellings along this road. The property is screened except to the south which
is pasture land. No dwellings are visible to the property. Miss White said the
Planning Commission recommended approval subject to the following conditions: 1)
Permit to be for five years and at the end of that time she must reapply; 2) Subject
to a 50 ft. setback; and 3) Health Department approval of a septic system.
Mr. Carpenter was present. No one from the public spoke for or against. Motion
was offered by Mr. Wood to approve SP-276 as recommended by the Planning Commission.
8-22-73
Motion was seconded by Mr. Fisher and carried by the following recorded vote:
Messrs. Carwile, Fisher, Henley, Wheeler and Wood.
None.
AYES'
NAYS'
(5)
SP-277.Mrs. Phil~ip Jessup has petitioned the Board of
Supervisors to utilize a carriage house for a two-family
dwelling ~n 320.4 acres of land zoned A-1 Agricultural.
Property is situated on west side of Route 719. Property
is described as County Tax Map 120, Parcel 20. Scottsville
Magisterial District.
Miss White stated that the property is situated on the west side of Route 719 near
its intersection with Route 715 about two miles north of Esmont. The character o£
the area is rural and scenic in character. Subject property contains Guthrie Hall
located about 1,000 feet from Route 719. The carriage house is near the main house.
Dense woods screen these buildings from the road. She stated that the applicant
wished to convert the existing carriage house into a two family dwelling. This pro-
posed use would not alter the character of the area by appearance nor would it ~xceed
the density requirements. She said that the Planning Commission had recommended
approval subject to Health Department approval of a septic system. Mrs. Jessup was
present. No one from the public spoke for or against. Motion was offered by Mr.
Wood to approve SP-277 as recommended by the Planning Commission. Motion was
seconded by Mr. Carwile and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Wheeler and Wood.
NAYS: None.
(6)
SP-278. Lucille Baber has petitoned the Board of Supervisors
to locate a permanent mobile home on 134.5 acres of land zoned
A-1 Agricultural. Property is situated at the intersection of
Routes 691 and 635. Property is described as County Tax Map 84,
Parcel 66. Samuel Miller Magisterial District.
It was ascertained that Mrs. Baber was not present. Mr. Wheeler then suggested that
the Planning Department notify he~ that the Board would be glad to put this back on
the agenda at some future date if she so desires. No vote was taken to defer.
(7)- SP-280. Pauline Morningwake has petitioned the Board of
Supervisors to locate a permanent mobile home on 8.68 acres
of land zoned A-1 Agricultural. Property is situated on Route
810, near its intersection with Route 629. Property is
described as County Tax Map 14, Parcel 25. White Hall Magis-
terial District.
Mrs. Morningwake was not present. Mr. Wood said he understood Ward's Mobile Home
had sold Mrs. Morningwake the t~ailer and told her she did not need a permit. The
trailer is on rented property. The Planning Commission gave her 60 days to relocate
the trailer and recommended that this permit application be denied, however, the
Planning Commission was sympathetic to her situation and they had deferred this matter
several times because Mrs. Morningwake could not be present at night meetings.
Mr. Henley felt the Board should follow the Planning Commission's recommendation
_Morningwake
and deny. Miss White saidM~s.~had received an emergency mobile home permit in June
and this permit would be good for a year. Mr. Batchelor asked why she was given
an emergency permit. Miss White replied that the Welfare Department called and
said she had moved out of her old place, sold all her furniture, made the down
8-22-73
payment on a mobile home and then Ward's told her she had to move the trailer or
they would sell it. Mr. Wheeler felt Mrs. Morningwake should be notified that the
Board would place this on an agenda when she could be present but also ask the
Planning department To notify her that she is in violation of the zoning ordinance
and the trailer must be moved. Mr. Wood agreed, however, he said that Mrs. Morn~ng~
wake had said it was very difficult for her to come to a night meeting and he felt
the Board should set a hearing on this at a time that was convenient for her and
suggested the September 20th meeting.
(8) SP-282. Sheila Turner has petitioned the Board of Supervisors
to locate a permanent mobile home on 19.5 acres of land zoned
A-1 Agricultural. Property-is situated on south side of Route 715.
Property is described as County Tax Map 121, Parcel 27. Scottsville
Magisterial District.
Mrs. Turner was not present. Miss White stated that the property is situated
on the south side of Route 715 about one and one-half miles southwest of Keene.
There is a community of modest frame dwellings in this area on small parcels. The
subject property in back of several of these developed parcels with some frontage on
Route 715. The area is generally wooded and rural in character with surrounding
larger tracts. This parcel is in the pr~ocess of being subdivided, however, the
applicant intends to rent part of the parcel to locate the mobile home. Miss White
There were about six people speaking in opposition to this permit.
stated that the Planning Conm~ission had recommended denial of this permit.ANo one
identified themselves for the minutes. Mr. Wheeler said ordinarily he would not vote
without the petitioner present, however, he was ready to vote on this particular
permit. Motion was offered by Mr. Fisher to deny SP-282. Motion was seconded by Mr.
Wood and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Wheeler and Wood.
NAYS: None.
(9)
SP-289. Certified Welding Corporation has 9e;t~f~iohed the Board
of Supervisors to locate a welding shop on .67 acres of land
zoned M-1 industrial. Property is situated on east side of
Route 742 (Avon Street extended). Property is described as
County Tax Map 90, Parcel 35Q. Scottsville Magisterial District.
Miss White stated that the property is situated on the west side of Route 742. This
area is presently undergoing a transition to light industrial uses. The land is
zoned M-1 industrial to the south and is being developed in a custom appliance center,
a saddle shop, a disposal service and a custom metal shop which recently received
a special permit for welding and also Snow's Nursery. The land to the east and north
is zoned A-1 agricultural and is developed residentially. Land to the west zoned
A-1 is developed as Lake Reynovia. Dense natural screening occurs north of the pro-
perty and west across Route 742. This petition will conclude a three step process
which Certified Welding initiated in November of 1972. This included amending the
present zoning ordinance to allow welding with a special permit in an M-1 zone, re-
zoning the property to M-1 and finally obtaining a special per, it. The site plan
has been reviewed by the site plan committee. Miss White said the Planning Commission
recommended approval subject to the following conditions:
8-22-73
A chain-linked £ence surrounding the property and staggered
white pines on the east side and staggered white pines on the
west side, if possible. Pines to be 6 ft. tall.
Mr. Birckhead was present in support of the petition. No one from the public
spoke for or against. Mr. Wood then offered motion to approve SP-289 as recommended
b~ the Planning Commission adding screening of six foot pines along the front of
the property. Motion was seconded by Mr. Carwile and carried by the following
recorded vote:
Messrs. Carwile, Fisher, Henley, Wheeler and Wood.
AYES'
NAYS' None.
(10) SP-290.
Fairfield Bridge Company, Inc. has petitioned the Board of Super-
visors to locate a temporary construction trailer for office
and storage on 64.58 acres of land zoned A-1 Agricultural.
Property is situated at the intersection of Routes 729 and 732.
Property is described as County Tax Map 79, Parcel 36 (part
thereof). Rivanna Magisterial District.
Miss White said the property is situated at the intersection of Route 729 at Rt.
732 at Milton. The property adjoins pasture land on large tracts except to the
immediate south across RouTe 732. There are two dwellings near the road. The sub-
ject property has some natural screening along fence line to the south, also the
property slope.s away from the road so that it is not directly visible. The applicant
wishes ~o lease one acre for office facilities during the construction of the new
bridge over the Rivanna River. Miss White said the Planning Commission recommended
approval with the following conditions: 1) The permit be issued for one year;
2) A chemical toilet; 3) The entrance is to be from Route 732 and not from Route
729; and 4) At the end of this time the site should be restored to its original
appearance or better.
Mr. Wheeler said he had received a letter from Mr. Richard Echols asking that
the Board of Supervisors not postpone action on this petition since no one representing
Fairfield Bridge Company could be present at this time. Mr. Echols said t. here had
been no opposition encountered at the Planning Commission hearing, either from the
public or from the Commission. Mr. Wheeler recommended that the Board proceed and
take action tonight. No one from the public spoke for or against the petition.
Motion was then offered by Mr. Wood to approve as recommended by the Planning
Commission. Motion was seconded by Mr. Fisher and carried by the following recorded
vote-
AYES:
NAYS'
Messrs. Carwile, Fisher, Henley, Wheeler and Wood.
None.
At this time the Chairman called for a public hearing on an amendment to
Chapter 4, Article II, Section 4-131 of the Albemarle Counzy Code by the addition
of Woodbrook Subdivision as one of those areas where dogs are prohibited from
running at la~ge. Said public hearing was advertised in the Daily Progress on
August 10 and August 17, 1973.
Mrs. Kay Burney, Woodbrook Association, spoke in support of this amen6ment
stating that there were problems with dogs running in packs in the area of Woodbrook
217
school. These dogs frightened children, parents, upset garbage cans, destroyed
shrubbery and lawns, came into garages and on porches and chased bicycles.
Mr. Jim Hermansdorfer spoke in opposition to the leash law.
Mr. Fulton Marshall, principal of Woodbrook School said there had been a number
of attacks by dogs on children in the area of the school.
Several other people spoke both in support and opposition of this leash
law, however, no one identified himself for the minutes.
Mr. Wood said t~ere had been numerous complaints received in this area and he ~
felt sufficien~ interest had been shown to enact this leash law. He then offered ~
motion To adopt an amendment to Chapter 4, Article II, Section 4-131 of the Albemarle
County Code by the addition of area number 3 described as follows:
(3) Woodbrook Subdivision as platted and put to record in the Clerk's office
of Albemarle County: Section 1, Deed Book 358, Page 297; Section 2, Vacated, Deed
Book 414, Page 115~ Section 3, Deed Book 386, Page 39; Section 4, Deed Book 397,
Page 177; Section 4A, Deed Book 408, Page 215; Section 5, Deed Book 402, Page 111;
Section 6, Deed Book 408, Page 215; Section 7, Deed Book 419, page 359; Section 8,
Deed Book 459, Page 209; Section SA, Deed Book 481, Page 231. Motion was seconded
by Mr. Henley and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Wheeler and Wood.
NAYS: None.
Motion was offered by Mr. Carwile, seconded by Mr. Wood to advertise for a ~
public hearing on September 27, 1973 at 7:30 P.M. in the Albemarle County Courthouse,
an amendment to the Chapter 4, Article II, Section 4-131, To include Georgetown Green.
Motion carried by the following recorded vote:
AYES: Messrs..Carwile, Fisher, Henley, Wheeler and Wood.
NAYS: None.
Motion was offered by Mr. Fisher, seconded by Mr. Carwile to advertise a public
hearing on revenue sharing for September 19, 1973. Motion carried by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Wheeler and Wood.
NAYS: None.
Motion was then offered by Mr. Wood to adjourn this meeting until August 23,
-1
1973 at 7'30 P.M. in the Albemarle County Courthouse. Motion was seconded by Mr.
Carwile and carried by the f~llowing recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Wheeler and Wood.
NAYS: None.
Chairman