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HomeMy WebLinkAbout04 04 78 PC MinutesApril 4, 1978 The Albemarle County Planning Commission held a meeting on Tuesday, April 4, 1978, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members present were Mr. Peter Easter, Vice -Chairman; Col. William Washington, Vice -Chairman; Mr. Layton McCann; Mr. James Huffman; Mr. Charles Vest; Dr. James Moore; Mrs. Norma Diehl; Mrs. Joan Graves; and Mr. Tim Lindstrom, ex-Officio. Absent was Mr. Kurt Gloeckner. Other officials present were Mr. Ronald Keeler, Assistant Director of Planning; Mr. Frederick Payne, Deputy County Attorney; and Mr. Benjamin Dick, Zoning Administrator. Mr. Easter established that a quorum was present and called the meeting to order. ZMA-78-02. Johnny A. and Lula W. Bowles - request to rezone 0.89 acres: Mr. Keeler stated that the applicant has requested deferral until the Commission's July 11, 1978, meeting. This motion was made by Mr. Huffman and seconded by Mr. Vest. The motion to defer the item until July 11, 1978, carried unanimously, with no discussion. ZMA-78-01. E. Grant Cosner has petitioned the Board of Supervisors to rezone 6.25 acres from A-1 Agriculture to B-1 General Business. Property is located at the intersection of Routes 712, 715, and 20 South, at Keene. County Tax Map 121,Parcel 91, Scottsville Magisterial District. After a brief recess, in which the applicant was contacted, Mr. Easter reported that in a phone conversation with Mr. Cosner he had learned that Mr. Cosner wishes this request withdrawn without prejudice. Mr. McCann moved that the withdrawal be accepted. The motion was seconded by Mr. Vest, and carried unanimously, with no discussion. Mr. Keeler advised the Commission that the applicant for the Biscuit Run proposal that will be considered by the Commission on April 18, has offered to conduct a tour for the Commission to view the property and discuss his proposal with them on site. He asked that the Commission decide upon a date that is agreeable to everyone in order that the applicant can make the necessary plans for arranging transportation. The Commission decided that the morning of April 17 was most agreeable to everyone. Mr. Easter asked that the Commission be notified when final arrangements has been made. ( Mrs. Graves arrived at the meeting. ) IR �_i s SP-78-09. Dennis G. and Betty M. Stokes have petitioned the Board of Supervisors to locate a day care center, nursery -living quarters on 1.22 acres zoned R-2 Residential. Property is located on the east side of Route 743 ( Hydraulic Road ) across from Albemarle County High School. County Tax Map 61, Parcels 36, and 36B, Charlottesville Magisterial District. Mr. Keeler presented the staff report, noting that perhaps the Commission would like to discuss the petition with Mr. and Mrs. Robert Huff in view of the fact that they will be the individuals operating the day nursery. He stated that the reasons for recommending denial are the inadequacies of Hydraulic Road, the poor sight distance at this property, and the .inadequate pedestrian access. He said that if the Commission, however, wishes to approve the petition, the conditions need to be amended as follows: (1) delete conditions 2, 6, 8, 9, 10, 11, and 12 as presented in the staff report, due to the fact that the facility will be licensed; (2) Add the following as new condition #6: "Licensure by the Virginia Department of Welfare as a Child Care Center. In the event of license expiration, suspension, or revocation, the Zoning Administrator shall refer this petition to the Board of Supervisors for public hearing after notice pursuant to Section 15.1-431 of the Code of Virginia, as amended. It shall be the responsibility of the applicant to transmit to the Zoning Administrator a copy of the original license and all renewals thereafter. Failure to do so shall be deemed willful non-compliance with the provisions of this special use permit." The Highway Department recommended that the sight distance could be improved through grading. Since this would be a commercial venture, the department recommended full frontage development of the property ( that is widening and curb and gutter and storm sewer as necessary ) in accordance with the constructions plans for Hydraulic Road. Mrs. Graves questioned if the property were on a septic tank or public sewer. Mr. Keeler replied that part of the licensing procedure is approval by the Virginia Department of Health. Mr. Lindstrom questioned if the county is more protected with deleting of conditions that are covered by other state agencies, or if they should be included to ascertain that these matters are handled. Mr. Payne replied that in this case repeating conditions that will be required for state licensing is superfluous. He said that the new condition #6 carries out the intent of the originally recommended 8-12. Mr. Robert Huff stated that he and his wife have the property under contract and hope to have the special permit approved by the end of April. He said that he contemplates the operation being licensed by the state , with no problems. He stated that the residence itself is of stone, and was constructed in the 1930's and sits 200-300 feet from the road. He said that the area, as far as uses, has been a conglomerate for years and the traffic problems have existed for 10 years. He said that after his investigation, he feels that there is adequate sight distance, though some caution must be exercised when entering onto Route 743. He mentioned to the Commission the uses on adjoining parcels and felt that the property is very feasible for handling the school. Furthermore, he felt that the vehicle trips per day is not as presented by the staff and therefore feels that not so much congestion will be added to the area with just this one use. 119 Mr. Huff also felt that some of the congestion on Route 743 has been relieved with the opening of Western Albemarle in 1977. Mrs. Huff has had several years of experience with this sort of operation, and for eight years has operated Knollwood Nursery. Mr. Huff did not feel that pedestrian traffic should be a determining factor in the approval or denial of this petition. He said that there is plenty of room on the property for turning in the driveway. He said that he knows there is a great need for a place for women to leave their children and feels this use will be an asset to the area. He said that he is willing to buffer the use from the adjoining residence with a tall redwood fence. Mrs. Diehl asked how Mr. Huff feels about the requirements of the Highway Department. Mr. Huff replied that the entrance should be widened, but if the Highway Department is addressing the grading of 100 some feet with curb and gutter, which he felt would essentially widen Hydraulic Road at this point, he was unwilling to commit himself to that, due to the expense. Mr. McCann said that he feelsthat in the past most improvements on Hydraulic other than a de-cel lane have been waived due to the pending improvements to Hydraulic planned by the Highway Department. Mr. Keeler said that the Highway Department recommendations can either be accepted by the Commission or the Commission can make its own recommendations, which the Highway Department would have to enforce. Mrs. Graves asked if Knollwood is a non -conforming use. Mr. Huff said that it is not; Knollwood has a license. The property is zoned R-1. There was no public comment, and Mr. Easter closed the public hearing. Mr. Lindstrom asked for clarification between this and the upcoming zoning text amendment application. Mr. Dick replied that day nurseries are provided in the R-2 Zone, but Mrs. Winn's request is not covered in the R-1 zone by right or by special permit, therefore the ordinance would have to be amended. Mr. Easter said that he hopes the Highway Department knows the location of the future Hydraulic Road. He said that his concerns with this application are primarily traffic oriented: those cars making left turns onto Route 743, thus crossing the traffic and causing much congestion. Mr. Huff said that he had considered a sign at the foot of the driveway for departing vehicles which would read "right turns only". Mr. McCann said that he had seen the property, and had driven part way up the driveway. He said that he had less trouble with sight distance when re-entering Route 743 than he did at the intersection of two state roads in the city. Mr. Easter established that Hydraulic Road will be four lanes, though not divided. lzn Mr. Huffman did not feel it equitable to make this individual pay for full frontage development on Hydraulic Road when others have not been required to do it. Mr. Keeler 1 said that the difference is that in other locations where development has occurred, the Highway Department has not definitely located the grade and location of the road. Mrs. Graves said that a dedication was required from the doctor's offices. She said that she is concerned about sight distance, but does feel this is a good location for a day nursery especially with all the apartment development in the area. She again noted her concern about the septic system. Furthermore, she said that she is concerned about Knollwood, since it will have an absentee owner. Mr. Huff explained that he and his wife do live at Knollwood. Mr. Easter pointed out that the Huffs would be in the same community and same section of town, though he said that he understands the point Mrs. Graves was trying to make. Dr. Moore said that he agrees with the use and feels the Health Department will address the water and sewerage. He agreed that the problem is the road. There was a consensus among the Commission members that this was the case. Mr. Keeler told the Commission that the redwood fence proposed by the applicant for buffering is acceptable to the staff. Mr. Huff also agreed to the new condition #6 read at the meeting, which replaced conditions 8-12. Mr. McCann said that as far as highway improvements he is inclined to go with a commercial entrance and a de-cel lane. Mr. Easter questioned the cost of improvements outlined by the Highway Department. He said that he is not willing to approve anything that does not have adequate sight distance. Mr. McCann said that any grading that is necessary to improve the sight distance will probably have to be done off -site. If the bank to the right were shaved off, it would probably be possible to see the entrance to the high school. Mrs. Graves said she wants to approve the request with the recommendations of the Highway Department. Mr. McCann said that in some cases he feels the Highway Department requires more than is necessary for just the development proposed. He again stated that some of the uses permitted by right have been approved with a waiver of most of the upgrading requirements to Hydraulic. Mr. Easter said that he wants to hear specifically from the Highway Department regarding the sight distance and prefers to defer the matter for one week. Col. Washington felt that the conditions of approval should address the chain link fence which the applicant had agreed to put around the property. 9 Mrs. Huff said that she thinks this is also a requirement of the state for licensing, since it is for the children's protection. Mrs. Graves moved that any action on the petition be deferred until April 11. Mr. McCann seconded the motion which carried unanimously. ZTA-78-04. Deborah Winn has petitioned the Board of Supervisors to amend Article 4 R-1 Residential Limited to provide for "Nursery School" as defined by Section 16-64.1, as a use by special permit. AND SP-78-10. Deborah Winn has petitioned the Board of Supervisors to locate a "Nursery school" for 20 or less children on 0.521+ acres zoned R-1 Residential. Property is located in Canterbury Hills, 202 Chaucer Road. County Tax Map 60D, Section 4, Block A, Lot 21. Jack Jouett Magisterial District. Mr. Keeler presented the two staff reports in conjunction with each other, as has been the policy of the Commission. He stated that there are two letters of opposition to the amendment received by the staff, and several letters in support of the special permit and several letters in opposition to the special permit. Mr. Keeler noted that the Highway Department has recommended that commercial access be required, and in the interest of safety, they recommended a circular driveway to be constructed to allow pickup and delivery of children off Chaucer Road. Mr. Mat Murray, representing the applicant in both petitions, stated that he feels that this sort of use is very conducive to a residential neighborhood. Firstly, the program proposed by Mrs. Winn gives the gifted child an opportunity to get a head start on kindergarten. He noted that public schools are permitted in the R-1 zone, and this particular school proposed will be in a house that will provide the proper atmosphere for young children. He noted that this is not a baby- sitting service, rather the school provides an educational program. He noted that this is a commercial use, however it is essentially no different from a Home Occupation which is provided for in the R-1 zone. As far as the petition for the special permit, Mr. Murray said that he realizes that the main concern is traffic, however feels that the number of vehicle trips per day is somewhat out of sight. He noted that a circular drive as proposed by the Highway Department will cost in the neighborhood of $2000 and will remove open space. Mr. Murray said that the school will be operated on the same schedule as public schools and he felt that most of the adjoining neighbors support the request. Mr. Murray felt that the home occupation has already set a precedent for commercialism in the R-1 zone. He again addressed the Highway Department requirements and said that 5 off-street parking spaces seems excessive and said that cooperative parking with the neighbor is possible. He noted that the Winns will be able to provide under existing circumstances for two spaces in addition to the space for one of the Winn carrs. As far as the requirements of the state are concerned, he felt them to be matters of common sense and thus very reasonable. However, he felt that if these are part of the conditions of approval the Commission will have to have more burearcratic supervision. He felt that most of the conditions were self -enforcing since parents make a choice of such a school. He did feel that :. y buffering required should have input from the adjoining neighbors. q2-2- Mr. Dennis Good of 207 Chaucer Road objected to the petitions and also presented to the Commission a letter of opposition from Ned Baughman. Mr. Good opposed the requests on the basis of traffic increase, lack of pedestrian access due to the lack of sidewalks, lack of off-street parking and because of the small size of the lot ( 90' x 150' ). Lastly, he felt such a use would detract greatly from a residential neighborhood. Mr. James Bergold said that there are two existing nursery schools in the neighborhood ( Canterbury Hills School and Knollwood Nursery ) and thus he questioned the need for another, He did not feel that the property has room for a circular drive and 5 parking spaces. Mr. Charles Tolster said that the Smithfield/Westminster intersection as well as the Chaucer Road/Barracks Road intersection is quite bad. He felt that left turns onto Barracks Road during peak traffic hours will cause vast confusion. Furthermore, he felt that the amendment will change the character of all R-1 zones in the county, taking away from their residential character. Furthermore, he noted that Canterbury Hills School has negatively affected the property values of adjoining parcels ( as an example, he cited the difficulty in attempting to sell the house adjacent to the school ). Mr. Alan Tomlin and Alfred Good opposed the petitions for the same reasons previously stated. Mr. Larry Fredrickco also opposed the :Location of a nursery school in a residential neighborhood. Mr. John Buchannan opposed the request because of the impact on a residential neighborhood. Mrs. Elaine Hadden opposed the request, noting that noise would be very disturbing and pointed out that there are already pre-school children playing in the street, causing much confusion for traffic there now. Furthermore, she felt it would destroy the intent of the R-1 zone. Mr. Murray at this point stated that the playground will be in the back yard. Mr. Keeler advised the Commission that the letters received that night amounted to 11 letters in support of the petition and 6 letters in opposition. He stated that there are two letters from residents of the area of the school in which Mrs. Winn currently teaches who say that the school does not have a detrimental effect on the neighborhood. Mr. Easter closed the public hearing. Mr. Lindstrom asked if the Montessori School fal1'sunder "educational institution". Mr. Keeler stated that when the commercial office district was adopted the Board of Supervisors separated the three uses of educational institution, day nursery, and nursery school and thus the zoning administrator had interpreted that there was some distinction in these uses. Mrs. Graves said that she is not in favor of amending the Zoning Ordinance due to the general effect it would have on the R-1 zone throughout the county. Mr. McCann said that he isnot willing to amend the ordinance at this time but feels that some study should be done on all residential zones to explore the need for this sort of use. 92 3 Mr. Easter stated that this use would be an attribute to the community, but noted that it would probably not be an asset to those living next door. He said that he supports the idea that the home is not the place to use as a business location. Mr. Lindstrom asked if it would be possible to provide that a school of this type could be limited in such fashion that a percentage of those children attending have to be from the neighborhood. Mr. Payne stated that it would be difficult to do this legally since tying a special permit of this sort to specifics gets down to asking what is reasonable. However, he pointed out that the concept of fostering a use which serves a neighborhood is all right. Mrs. Graves moved that ZTA-78-04 be denied. This motion was seconded by Mr. McCann and carried by a vote of 7-1, with Mr. Vest dissenting. No further discussion took place on the zoning text amendment. Mrs. Diehl asked how much play area would be necessary if the Board approved the zoning text amendment. Mr. Keeler stated that 1500 square feet is required for 20 children. Mrs. Graves said that she has a concern about putting a time period on the apporval, since the basement would have been completed and she felt it would obligate the County to sanction the use as a permanent one. Also she was concerned about the utilities and the driveway expense. Mr. Easter felt that the use was more intense than a residential neighborhood should have and also felt that the traffic would be a burden to the neighborhood. Mr. McCann said that if people purchase in an area with the idea it is a residential area, he feels the County has a responsiblity to maintain the character of that neighborhood. Col. Washington moved that SP-78-10 be denied. Mr. McCann seconded the motion, which carried unanimously, with no further discussion. SP-78-11. Gregory R. Schmidt has petitioned the Board of Supervisors for an Agricultural Service Occupation ( equine veterinary ) on 21 acres zoned A-1 Agricultural. Property is located on the northeast side of Route 640 approximately 14 mile northwest of the intersection of Routes 231 and 640 ( Cash's Corner ). County Tax Map 50, Parcels 29, 29A, 29E, and 29F. Rivanna Magisterial District. Mr. Keeler presented the staff report, stating that he has had two letters of opposition to this use from residents of the area. He stated that the highway department had recommended a commercial permit be required, in this case a standard 30-foot wide entrance. Mr. Easter asked if the Highway Department were aware of the fact that this would be an "on -call" only facility. Mr. Keeler replied that he had discussed this with them, however they were concerned about what might be proposed in the future. qzif Dr. Schmidt stated that his plans are to have strictly an ambulatory service and he will maintain a lab, answering service and medication center in his home. Never will any horses be brought. in. Mr. Easter said that he sees no problem with this, but realizes that the 21 acres is in the middle of horse country. He noted that in the future he will oppose any on -site treatment since he feels it would change the character of the neighborhood. Dr. Schmidt said that he has no intention of any sort of facility on his property other than for his own horses. Mrs. Graves wondered if the staff and highway department had considered that medication might be picked up by horse trailers. Dr. Schmidt said that the entrance is about 30 feet now and the driveway is gravel, so commercial entrance requirements are almost existing. Mr. McCann said that he favors incorporating the Highway Department's recommendation as a condition of approval. Mr. Huffman established that Dr. Schmidt will do no x-ray development on his property. Mrs. Graves moved approval of the special permit subject to the following conditions: 1. Amendment of this permit shall be required for on -site treatment, and/or on -site treatment facilities; 2. Virginia Department of Highways and Transportation approval of the entrance. Mr. Vest seconded the motion, which carried unanimously, with no discussion. With no further business, the Commission adjourned at 10:20 p.m. Ro e t W. Tucker, Jr. - Secre ary