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HomeMy WebLinkAbout09 06 1994 PC Minutes9-6-94 SEPTEMBER 6, 1994 The Albemarle County Planning Commission held a public hearing on Tuesday, September 6, 1994, Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Ms. Babs Huckle, Chair; Mr. Tom Blue, Vice Chair; Mr. Bill Nitchmann; Mr. Bruce Dotson; Mr. Tom Jenkins; and Ms. Monica Vaughan. Other officials present were: Mr. William Fritz, Senior Planner; Mr. Wayne Cilimberg, Director of Planning and Community Development, Ms. Jo Higgins, County Engineer; and Mr, Larry Davis, County Attorney, Absent: Commissioner Imhoff. The meeting was called to order at 7:00 p.m. and a quorum was established. The minutes of August 23, 1994 were unanimously approved as amended. CONSENT AGENDA 556 Review Review for Compliance with th Co m ehensive Plan - Finding of compliance with Comprehensive Plan for Albemarle County Service Authority proposal to construct a new water main in Crozet between Jarman's Gap Road and Brownsville Elementary School. Portions of the existing water main in Jarman's Gap Road will also be replaced. Mr. Paul Shoop explained that the purpose of the new water main was to provide additional fire flow to Brownsville Elementary and Western Albemarle High School. The line will also enhance Yancey Mills and Jarman's Gap Estates. He confirmed that the line is sized to serve new development in the growth. area. Mr. Nitchmann asked if there is any chance, through the Comprehensive Plan review, for this area to be expanded, and, if so, would the line support an expansion. Mr. Cilimberg replied: "It's hard to say, but that growth area has been pretty much that area of designation for 14 of 15 years." Mr. Cilimberg asked Mr. Shoop if the line could provide any additional service possibilities further west. Mr. Shoop explained how the size had been arrived at and stated: "With the buildout demand, we can still provide 1,000 gpm at Yancey Mills, so if there is a need at some time to extend it farther beyond that, this line should be adequate to serve that." (It was noted that Yancey Mills is not currently in the growth area.) Mr. Dotson asked if the line was positioned such that it could be easily accessed by other properties? Mr. Shoop replied: 'By other adjoining properties." MOTION: Mr. Jenkins moved, seconded by Mr. Blue, that the Consent Agenda be approved. The motion passed unaaaimmisly. //5 9-6-94 SP-94-23 Robert B. & Dominique E. Anderson - Proposal to amend SP-87-110 to allow development on the west side of Mad Run. Property, described as Tax Map 39, parcel 21K consists of 5.0 acres zoned RA, Rural Areas and is located on the west side of Highlands Way in the Emerald Ridge Subdivision on the west side of Rt. 684 north of and adjacent to Mint Springs Park in the White Hall Magisterial District. This site is not located in a designated growth area (Rural Area 3). The applicant was requesting indefinite deferral. Discussion. Mr. Blue raised the issue of the use of USGS Topo Maps, at a scale of I" to 2,000 and 20- foot contour intervals, as a tool for defining "things which can't be defined that accurately with that map." He stated: "I think we either have to start requiring topo to fit the particular site —or we ought not to be trying to locate either critical slopes or septic fields in small areas like this, or streams." Ms. Higgins addressed Mr. Blue's comments. She explained that the issue in this case is "the main stream being Mad Run and what we define as a tributary." She did not know if a better definition of the topography would have changed the situation, though it has been an issue in other cases, most often in determining critical slopes. She brought up the issue of the added cost involved in requiring developers to "topo" Iarge areas and the impact this would have on providing affordable housing. Ms. Huckle commented that it is the County's mission to protect the interests of all County residents and not to maximize the useage of any developer's land. Mr. Blue felt that it was a very important issue when trying to locate septic fields and streams and he felt consideration should be given to revising the Ordinance to require it in the areas where the house site and the septic sites are going to be located. (Mr. Dotson later expressed the feeling that Mr. Blue's points were good ones. Mr. Dotson commented: "In a steep area like this, to act on a special permit absent of at least a feasible subdivision even if not one submitted for approval, gets you into the same situation you're talking about, so I think it's a good point and something you ought to look into.") Mr. Blue noted that the letter from the Health Department referred to Lot 13 but he was of the impiression the lot in question was Lot 12. Mr. Fritz explained that the Health Department letter was in error and Lot 12 was correct. Referring to Planning Commission minutes from 1988, Mr. Blue questioned how the applicant could have "proven all 31 buildings sites" using USGS topo, with a 1" = 2000 map at 20-foot intervals, given the steepness of the property. Ms. Higgins recalled that a field check had been done at that time and when the subdivision was put to record Mad Run was shown with 100% conservation setback. Mr. Blue noted that the plat which had been put to record doesn't show the correct meanders of the stream. 1140 9-6-94 At Mr. Davis' suggestion, Ms. Higgins explained a deferral was being requested for the following reasons: --The Health Department will visit the site Friday to see if there is area for a building lot, a septic field and a 1000/o reserve field, without crossing a stream. --The definition of tributary has not yet been clarified. Mr. Davis explained that the Water Resources Manager, Mr. Hirschmann, had considered the swale to be an intermittant stream and therefore an additional 100-foot setback from the swale was inconsistent with how it had been construed in 1987. Ms. Higgins, upon further review, agreed that it was not an intermittent stream for the purposes of the Runoff Control Ordinance and therefore the 100-foot setback only applies from the main channel, giving the developer more area to work with in trying to locate a drainfield and building site on the east snide of Mad Run. Mr. Cilimberg added that no special permit would be necessary for the east side and the application would be withdrawn. Ms. Higgins stated that Mr. Hirschmann will be looking at a proposed amendment to the Runoff Control Ordinance to better define (tributary), so that this will be consistently applied and this will go to the Water Resource Committee first and then to the Board. Mr. Blue felt this would be an excellent time to specify something more accurate than the USGS Topo Map. MOTION: Mr. Jenkins moved, seconded by Mr. Nitchmann, that SP-94-23 for Robert B. & Dominique E. Anderson be indefinitely deferred at the request of the applicant. The motion passed unanimously. SP-94-24 Free Union CoqRtu School - Petition to amend SP-90-82 to permit expansion of the existing building for an office and art room. Property, described as Tax Map 29, parcel 15D consists of 4.76 acres zoned RA, Rural Areas and is located on the west side of Rt. 601 approximately 300 feet east of the Route 6011Rt. 665 intersection in the White Hall Magisterial District. This site is not located within a designated growth area (Rural Area 1). Mr. Fritz presented the staff report. Stair recommended approval subject to conditions. Ms. Huckle was in favor of condition No. 5 being amended so as to include the dimensions of the expansion. Later in the meeting there was further discussion about how to describe the size, i.e. in total square footage or in specific dimensions. Mr. Nitchmann questioned the need for such a condition at all. Mr. Dotson asked if there had been any public concern about the use in the past. Mr. Fritz could not recall having received any negative comments, either before or after, previous expansions. //I 9-6-94 4 Mr. Dotson asked if there had been any past issues related to septic, water, traffic, etc. Mr. Fritz recalled that septic had been a concern when enrollment had been increased and. consequently enrollment is now limited to a number which is based on the design of the, septic system. Traffic was an issue in the initial special permit but has not been an issue in any subsequent reviews. Staff was unaware of any problems with the use. Based on Mr. Friti s answers, Mir. Dotson questioned the necessity of the statement in the staff report that "the applicant should be put on notice that further increases could change the character of the district and may, therefore, not be supported as consistent with Section 31.2.4.1 of the Zoning Ordinance." Mr. Fritz explained that the statement had been taken from a previous staff report, which, at the time had been the result of a Board member's concern about possible future expansion of the use. Mr. Fritz concluded: "It's not a slight to the applicant at all or an indication that this (expansion request has reached a point of concern). It is simply a recognition of past actions," Mr. Dotson explained that he raised this point so that the reemd will shove that "in the future it needs to be considered on .its merits and we don't have any merits before us at the moment regarding a future expansion." The applicant was represented by Mr. Henry McHenry and Mr. Larry Miller. Answers to Commission questions included the fallowing. --The school is for pre-school through Sth grade. --The expansion is the result of a suggestion by the Virginia Association of Independent Schools that the space be re -configured to include a separate director's office. In addition, space for an art room is being requested. --The physical size of the site limits future expansion plans. It is unlikely that it could be enlarged beyond Sth grade. Discussion about the size of the expansion, raised by Ms. Huckle earlier in the meeting, continued. Mr. Nitchmann was in favor of approving the maximum square footage possible to reduce the necessity of the applicant having to come back to the Commission for future approvals. Ms. Huckle asked about the origin of the previous condition No. 6--[Expansion shall be limited to a footprint of 21 feet 4 inches by 36 feet and shall not exceed two floors. --which staff is now recommending be deleted. Mr. Fritz explained that those had been the dimensions of the plan at that time. Though he was in favor of "no limit," Mr. Nitchmann recognized Ms. Huckle's concern and suggested that the expansion be limited to 300 square feet. Ms. Huckle commented: "I can live with that." The applicant asked if further Commission approvals would be needed for a change to the internal structure of the building. Both staff and the Commission indicated that such approval would not be necessary, rather it is the physical expansion which is the primary consideration. W. Nitchmann pointed out that the usual Building Permit approvals would still be required. // 1F 9-6-94 There being no public comment the matter was placed before the Commission. MOTION: Mr. Nitchmann moved, seconded by Mr. Jenkins, that SP-94-24 for Free Union Country School be recommended to the Board of Supervisors for approval subject to the following conditions: 1. If licensure is not required by the State Welfare Department, this approval shall be construed to include waiver of Section 5.1.6(a) of the Zoning Ordinance. All other requirements of Section 5.1,6 shall be met. 2. Permit is issued to Free Union Country School, Incorporated and is non -transferable. 3. Enrollment shall be limited in accordance with recommendation of the Site Review Committee, provided that enrollment shall in no case exceed fifty-five (55) .students. 4- Compliance with the Virginia Department of Wel€are's Minimum Standa<; s ,;vor I ccnscd Child Case- Centers. 5. Expansion shall" be limited to 300 square feet. Discussion: Fearing that the Commission's discussion might have given the applicant the wrong impression about the County's feeling about private schools, Mr. Jenkins expressed the feeling that private schools are a big asset to the County and the taxpayers. Ms. Huckle agreed. The motion for approval passed unanimously. MISCELLANEOUS Mr. Jenkins reported that the Crozet Community Committee had completed its report and the Commission would soon receive a copy. ----------------------- Mr. Dotson asked for 30 minutes at the October l l th Work Session (or soon thereafter) for a presentation by his planning class on a Rural Areas study they are presently working on. Mr. Nitchmann suggested that -consideration be given to reducing the offal sport girY,en at Commission meetings. There being no fiirther business, the meeting adjourned at 8:06 P.m V. W, f/ 9