1973-12-19426
An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia,
was held on Dece ~mb. er 19, 1973, at 7:30 P.M. in the Albemarle County Courthouse, said
meeting being adjourned from December 12, 1973.
Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr.,
William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr.
Absent: None.
Officers present: County Executive and County Attorney.
At 7:30 P.M, the Chairman called for a public hearing on an amendment to Section
4-13-1, Chapter 4, Article II, of the Albemarle County Code, by the addition of
Jefferson Village as one of those areas designated where dogs are prohibited from
running at large. Notice of this public hearing was published in the Daily Progress
on December 5 and December 12, 1973. Mrs. Thelma C. Bailey was present in support of
this amendment. She presented to the Board a petition containing 74 signatures of
residents of Jefferson Village, all favoring this amendment.
Motion was offered by Mr. Wood to amend and reenact Section 4-13-1, Chapter 4,
Article II, of the Albemarle County Code by the following addition:
Area No. 6 - Jefferson Village Subdivision as platted and put to record
in the Clerk's Office of Albemarle County in Deed Book 449,
page 637 and Deed Book 452, page 87.
The foregoing motion was seconded by Mr. Henley and carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
At this time the Chairman called for public hearings on zoning matters as
advertised in The Dail~ Progress on November 28 and December 5, 1973:
(1) ZMP-288.
Raymond V. Long, Jr. has petitioned the Albemarle County Board of
Supervisors to rezone 1.066 acres of land from B-1 Business to M-1
Industrial. Property is situated on the east side of Route 631 (Rio
Road) and the west side of the Southern Railroad. Property is further
described as County Tax Map 61, Parcel 146A. Charlottesville Magis-
terial District.
(2) ZMP-289.
Raymond V. Long, Jr. has petitioned the Albemarle County Board of
Supervisors to rezone 2.227 acres of land from B-1 Business t~ M-1
Industrial. Property is situated on the east side of Route 631 (Rio)
Road) and the west side of the Southern Railroad. Property is further
described as County Tax Map 61, Parcel 146D. Charlottesville Magis-
terial District.
Mr. Bob Tucker, Assistant County Planner, was present. He stated that the Planning
Office had received a letter asking that these petitions be withdrawn. Motion to
allow these two petitions to be withdrawn without prejudice was offered by Mr. Wood,
seconded by Mr. Fisher, and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
(3) SP-311.
Robert Pollard has petitioned the Albemarle County Board of Supervisors
to locate a mobile home on 149.3 acres of land zoned A-1 Agricultural.
Property is situated on the west side of Route 795, about one and one-
half miles north of Scottsville. Property is further described as
County Tax Map 131, Parcel 6. Scottsville Magisterial District.
12-19-73
It was ascertained that no one was present to represent the petitioner. Mr. Fisher
offered motion to defer this public hearing until such time as the applicant can be
present or January 9, 1974. Motion was seconded by Mr. Carwile and carried by the
following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
(4) SP-312.
Isaac Lantz has petitioned the Albemarle County Board of Supervisors
to locate a mobile home on 10 acres of land zoned A-1 Agricultural.
Property is situated off Route 806, about four miles east of Nortons-
ville. Property is further described as County Tax Map 10, Parcel 5
(part thereof). White Hall Magisterial District.
Since no one was present to represent the petitioner, motion was offered by Mr. Thacker,
seconded by Mr. Carwile, to defer this public hearing until January 9, 1974.
carried by the following recorded vote:
AYES:
NAYS:
(5)
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
SP-313.
Motion
William F. Austin has petitioned the Albemarle County Board of Super-
visors to locate the stabling of horses on 2.5 acres of land zoned
R-1 Residential. Property is situated on the north side of Williston
Drive in West Leigh Subdivision. Property is further described as
County Tax Map 59C(1), Parcel 8. Samuel Miller Magisterial District.
Mr. Tucker gave the staff's report. He said this is a quiet residential area on large
lots. The applicants' lot abuts Meriwether Hills Subdivision and is located near West
Leigh Lake. The lot is wooded to the rear, with the house situated on a hill. The
front yard is an open, fenced area which slopes down to Williston Drive. This front
yard will presumably contain the horses and is clearly visible to other homes in the
area. There is presently a home to the east of the property; the lot to the west is
under development. A special permit was recently approved on Williston Drive to allow
stabling facilities for four horses on 4.5 acres. There also exists across the lake
from the property an exercise rink and stabling facilities for horses. The Planning
Commission recommended approval of the permit allowing only two horses permanently
stabled on the property.
Mr. Austin was present in support of the petition.
Mr. Fisher said he had driven by this lot today and the stable is almost complete.
He was concerned that the stable was almost completed before the request came to the
Board for approval. He said there was recently a request of this type in West Leigh
and another advertised fOr tonight, making a total of three such facilities in West
Leigh.
Mr. Wheeler said he felt this will be detrimental to the future of the subdivision
and is not in the best interest of the people in that area, and he will not support
~'-the petition.
Mr. Wood said this petition was discussed at length at the Planning Commission.
It was their feeling that this is the character of the atmosphere in that subdivision.
Mr. Fisher said he had heard no adverse comments from the residents of West Leigh
428
12-19-73
and offered motion to approve as recommended by the Planning Commission. The motion was
seconded by Mr. Wood.
Mr. Wheeler said he would hope that this type of request does not start in another
subdivision and if it were in his district he would not support.it.
Several questions were raised about the approval of this permit with no time limit
being attached. Mr. Fisher amended his motion to permit this request for three years
with administrative renewal for an additional two'years or a total of five years.
Administrative renewal to be automatic, unless there are complaints from neighbors.
The amendment was accepted by Mr. Wood and the motion carried by the following
recorded vote:
AYES: Messrs~ Carwile, Fisher, Henley, Thacker and Wood.
NAYS: Mr. Wheeler.
(6) SP-314. Richard Points has petitioned the Albemarle County.Board of Supervisors
to locate a mobile home on 4.15 acres of land zoned A-1 Agricultural.
Property is situated on the east side of Route 671; north side. of Route
668. Property is further described as County Tax Map 16, Parcel 43.
White Hall Magisterial District.
Mr. Points was not present. Mr. Bill Perkins and a Mr. Lamb were present to oppose the
granting of this permit, however, Mr. Perkins said that if the Board was not going to
take offical action on this permit tonight, he would prefer to give his comments
later. Motion was offered by Mr. Wood to defer the public hearing on this petition
until January 9, 1974. The motion was seconded by Mr. Carwile and carried by the
following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
(7) SP-315.
Cecil R. Knight has petitioned the Albemarle County Board of Supervisors
to locate a mobile home on 64.25 acres of land zoned A,1 Agricultural.
Property is situated on the south side of Rt. 810, about 2 miles west of
Boonesville. Property is further described as County Tax Map 6, Parcel
38. White Hall Magisterial District.
Mr. Tucker said the area is rural, mountainous, with sparse development. The subject
property is situated at the base of Gibson Mountain and slopes about 12% where the one
house is located about 400 feet from Route 810. A separate parcel in front of this one
contains a house near the right-of-way of Route 810, otherwise, the nearest homes and
mobile home are located one-fourth of a mile to the east. The property across route
810 is wooded and vacant at this point. Due to the topography, most of the site is
clearly visible from the road. Mr. Tucker said the Planning Commission recommended
approval for six years, with staff review every two years, a 100 foot setback,
screening approved by the Planning Staff, Health Department approval and he must
reapply for approval after six years.
Mr. E. C. Wingfield was present to represent Mr. Knight.
Motion was offered by Mr. Henley to approve as recommended by the Planning
Commission adding the condition that if the staff finds anything wrong during their
review of this permit, it is to be brought back to the Board immediately. Motion
was seconded by Mr. Wood and carried by the following recorded vote:
12-19-73
.z 29
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
The next item under disucssion was a request for a restricted road-to serve Lots
13, 14, 15 and 16 in Brinnington Subdivision. Mr. Morris Foster was present in support
of the request. Motion was offered by Mr. Wood to approve a restricted road in
compliance with restricted roads policy contained in the proposed subdivision
ordinance. Motion was seconded by Mr. Carwile and carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
At 8:30 P.M. motion was offered by Mr. Fisher to adjourn into executive session
to discuss legal matters. The motion was seconded by Mr. Carwile and carried by the
following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
The Board reconvened.
Upon proper motion, the meeting was adjourned.
Chairman