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HomeMy WebLinkAbout09 02 86 PC MinutesSeptember 2, 1986 The Albemarle County Planning Commission held a public hearing on Tuesday, September 2, 1986, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. David Bowerman, Chairman; Mr. Richard Cogan, Vice Chairman; Mr. Harry Wilkerson; Mr. Richard Gould; and Mr. Peter Stark; Other officials present were: Mr. John Horne, Director of Planning and Community Development; Mr. Ronald Keeler, Chief of Planning; Mr. Wayne Cilimberg, Chief of Community Development; and Mr. Frederick Payne, Deputy County Attorney. Absent: Commissioners Diehl and Michel. The Chairman called the meeting to order at 7:30 p.m. and established that a quorum was present. SP-86 -51 Joselito T. and Susan A. Cruz - Request for a special use permit to locate a day care center on .4 acre. Zoned R2, Residential. Located on the southwest side of Dominion Drive, 300 feet west of Rt. 29N, in the Berkeley Subdivision, Charlottesville Magisterial District. Mr. Keeler gave the staff report. The report stated the applicant proposes to care for eight children, Monday through Friday, 7:30 a.m. to 5:30 p.m. No additional employees will be involved and the Virginia Department of Welfare has licensed the facility as a Family Day Care Home. The report also stated that the applicant has obtained 160 signatures in the Berkeley community in support of the facility. Staff recommended approval of the application subject to five conditions. The Chairman invited applicant comment. Ms. Cruz addressed the Commission. She indicated she had experience with this type of operation. She stated she had no intention of seeking rezoning to Cl for the facility. In response to Mr. Bowerman's question as to whether or not the children all arrive at the same time, Ms. Cruz presented a 'sign -in" sheet which showed that the children arrive at staggered times, averaging 5 - 10 minutes between. The Chairman invited public comment. Ms. JoAnne Jordan, a resident of Berkeley, addressed the Commission and voiced her opposition to the proposal. She was concerned about noise and felt the facility would be detrimental to a residential neighborhood and would devalue property. Ms. Jordan felt the person who had obtained the petition signatures had given less than accurate information. Mr. Pete Flynn, father of one of the children cared for by Ms. Cruz, addressed the Commission. He expressed his support for the proposal and praised Ms. Cruz's professionalism. Ms. Eileen Lincoln, mother of a child cared for by Ms. Cruz, addressed the Commission and expressed her support for the proposal. She praised Mrs. Cruz for the care her child has received. *4r✓ /<1-2 September 2, 1986 Page 2 Mrs. Joan Graves, a Berkeley resident, addressed the Commission. She read a letter from another Berkeley resident who was unable to be present at the meeting. The letter indicated opposition to the proposal and to any rezonings or special use permits in Berkeley. Ms. Graves stressed that she was merely reading the letter because she was asked to by Mr. Bowerman. (The letter was written by Mr. and Mrs. Colley) Ms. Cruz again addressed the Commission. She presented a list cf homes in the Berkeley Subdivision which currently have business licenses. She also presented the petition she had referred to earlier in the meeting. (Note: Said petition can be found in the file for this special use permit located in the Department of Planning and Community Development). She also presented letters of recommendation from families whose children she has cared for. There being no further comment, the matter was placed before the Commission. It was determined the applicants reside on Commonwealth Drive in the Berkeley Subdivision. It was also determined Ms. Cruz is currently caring for one child who lives in Berkeley. Mr. Bowerman read the statement on the petition as follows: "We the undersigned residents of Berkeley Subdivision wish to state that we understand that Susan and bey Cruz, who live at 2111 Dominion Drive, intend to operate a licensed home care facility for children under the ages of 6 in their home, and we do not oppose this operation." Mr. Bowerman stated that the number 118" was inserted on the first petition. He pointed out that each petition did state a "licensed day care facility." Mr. Bowerman indicated he was not opposed to the facility and felt an operation with only 8 children would not be a detriment to any community. He felt it would be of benefit to the community particularly if it could serve the families in that community. Mr. Cogan stated his only reservation was the "hint" of a business establishment. He indicated he understood the concerns of some of the residents, but he felt this facility would not invite an influx of businesses into a residential community. Mr. Bowerman agreed with Mr. Cogan. Mr. Stark indicated he had no problems with the proposal and stated he felt such a facility would be an advantage. Mr. Wilkerson indicated he was in favor of the proposal and moved that SP-86-51 for Joselito T. and Susan A. Cruz be recommended to the Board of Supervisors for approval subject to the following conditions: 1. An enrollment limited to eight (8) children. 2. Compliance with Section 5.1.6 of the Zoning Ordinance. 3. This special use permit is issued to the applicant and is non- transferable. 4. Virginia Department of Highways and Transportation approval of access in accordance with their comments of August 14, 1986. 5. Fire Official approval. C /d �X September 2, 1986 Page 3 Mr. Stark seconded the motion which passed unanimously. The matter was to be heard by the Board on September 17, 1986. SP-86-56 Crozet Church of God - Request for a special use permit for a day care center on 2.17 acres, zoned R2, Residential. Located on the north side of St. George Avenue, about 1,000 feet east of Buck Mountain Road. White Hall Magisterial District. Mr. Keeler gave the staff report. The report explained the operation would be for 35 children, 5 days per week and would be licensed by the Virginia Department of Welfare. The report also stated that the Church received approval for a special use permit to construct a new church and day care center near I-64 and Yancey Mills in June, 1986. The day care operation is to use the current site until the new facility is completed. The report also stated, "Unless building construction is begun at the new site by June 18, 1988, the special use permit will expire. The staff has no objection to the church operating on a permit basis at the current site, and condition 5 addresses that issue should the Planning Commission and the Board of Supervisors deem a temporary usage is appropriate." Staff recommended approval subject to conditions. Mr. Keeler confirmed that the special permit approved in June, 1986 had included the operation of a day care center. Mr. Keeler also stated that staff would have no objection to the church operating two day care centers (one at the current site and one at the new site), but if the current site should become a permanent facility, the road should be upgraded. The Chairman invited applicant comment. Mr. Don Brown, Pastor of the Church, addressed the Commission. He explained that the road referred to by staff is a single -lane private entrance drive that serves the property behind the church. He stated that the road serving the church is 50 feet wide with all necessary "turn around" space that is needed. In response to Mr. Bowerman's question, he stated the church does not have any intentions, at this time, to continue using this site once the new building is constructed. He confirmed that staff's condition No. 5 posed no problem. There being no public comment, the matter was placed before the Commission. Mr. Cogan stated he could see no problems with proposal. He felt condition 5. should remain and if the applicant decides later to use the site permanently, the issue of the road will be dealt with at that time. Mr. Wilkerson moved that SP-85-56 for the Crozet Church of God be recommended to the Board of Supervisors for approval subject to the following conditions: 1. Enrollment to be determined by the adequacy of septic system and regulations of the Virginia Department of Welfare, not to exceed a maximum enrollment of 35 children. %Q/-/ September 2, 1986 Page 4 2. Virginia Department of Highways and Transportation approval of upgrading entrance in accordance with comments of May 8, 1985. 3. Compliance with Section 5.1.6 of the Zoning Ordinance. 4. This special use permit is issued to the applicant and is nontransferrable. 5. This special use permit and all authority granted hereunder shall expire.on June 18, 1988 unless building construction shall have commenced on the new church building authorized under special permit 86-27, Crozet Church of God OR at any time of expiration or abandonment of SP-86-27 or sixty (60) days from issuance of a Certificate of Occupancy for the new church building. Mr. Cogan seconded the motion which passed unanimously. The matter was to be heard by the Board on September 17, 1986. WORK SESSION Comprehensive Plan - Staff continued the review of background information. Mr. Cilimberg presented the staff report. He was assisted by Ms. Davenport. Significant concerns and comments included the following: --Regarding staff's statement at the August 26 work session that the County's indebtedness was "0", Mr. Cilimberg explained that was a "misintrepretation" and there is, in fact, indebtedness both on the payment of principal and interest. He was uncertain of the amount. --Mr. Bowerman pointed out that both Stone Robinson Elementary and Rose Hill Elementary need to be studied; Stone Robinson because it is experiencing very large increases in enrollment even though it is not currently in a designated growth area, and Rose Hill because it is going to be receiving students from the southern urban area which is undergrowing growth. Mr. Cogan stated that it is very difficult to predict student enrollments and the key issue is to build flexibility into the Plan so that movement can be made without tremendous inconvenience. --There was some discussion about the difficulty of predicting student enrollments and the importance of keeping track of new development which might aid in making these predictions more accurate. No public comment was offered at this work session. No formal actions were taken. /9s September 2, 1986 Page 5 MISCELLANEOUS Pedestrian Obstacle Study: Mr.Cilimberg asked if any Commissioners had questions about this report which was distributed at a previous meeting. There were no questions. There being no further business, the meeting adjourned. John Horne, Secretary Recorded by: Janet Miller Transcribed by: Deloris Sessoms J S?.!;