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HomeMy WebLinkAbout04 30 1991 PC MinutesApril 30, 1991 The Albemarle County Planning Commission held a public hearing on Tuesday, April 30, 1991, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. Keith Rittenhouse, Chairman; Mr. Harry Wilkerson, vice Chairman; Mr. Tom Jenkins; Mr. Phil Grimm; Ms. Ellen Andersen; Mr. Walter Johnson; and Ms. Babs Huckle. Other officials present were: Mr. Wayne Cilimberg, Director of Planning and Community Development; Mr. Bill Fritz, Senior Planner; and Mr. Jim Bowling, Deputy County Attorney. The Chairman called the meeting to order at 7:00 p.m. and established that a quorum was present. The minutes of April 16, 1991 were approved as submitted. CONSENT AGENDA SDP-91-029 Adelphia Cable Final Site Plan - The applicant is proposing to construct a 720 square foot equipment building (24 x 30 feet, total building area on site will be 900 square feet) on 0.63 acres zoned RA, Rural Areas. Property, described as Tax Map 45, Parcel 16A, is located on the west side of Rt. 743, 1,000 feet north of Rt. 631 in the Jack Jouett Magisterial District. This property is not located in a designated growth area. Ms. Andersen moved, seconded by Mr. Grimm, that the Consent Agenda be approved. The motion passed unanimously. SP-91-10 Crossroads Waldorf School - Request for a private school [14.2.2(5)] on 8.72 acres zoned R-2, Residential. Property described as Tax Map 56, Parcels 61 and 62, is the location of the old Crozet Elementary School. White Hall Magisterial District. This site is not located within a designated growth area (Rural Area I). Mr. Fritz presented the staff report. Staff recommended approval of the request. Mr. Rittenhouse asked if the restriction against student drivers was based on traffic concerns. Mr. Fritz explained this restriction was related more to parking concerns. He noted, however, that since this is a grades 1-8 school, this should not be a serious problem. Mr. Rittenhouse noted that public sewer was located on the adjacent property. He asked: "What is our thinking in not requiring connection to public sewer?" Mr. Fritz explained that the County had used the facility as a public school with private septic system for many years. He noted that the proposed use is the same, with no greater level of April 30, 1991 Page 2 intensity of that use. It was determined the public sewer was put in place in 1988 or 1989 and the public school had been closed by the County in 1990. Mr. Rittenhouse concluded that the public school had had no choice but to use a private septic system for most all of its years of use. Mr. Fritz stated that an analysis of the cost of connection to public sewer had not been performed. He noted that off -site easements would be required. Ms. Huckle brought up the issue of possible traffic conflicts at the entrance to the school since it is located directly across the street from the entrance to the new public school. Mr Fritz stated that the Virginia Department of Transportation confirmed that "the new improvements won't have an effect on the functional capabilities of either entrance." Ms. Huckle asked if there was any plan for the use of police officers to direct traffic. (Mr. Cilimberg noted that the section of Rt. 250 serving Western Albemarle High School and Henley Middle School has a much higher traffic volume than at this location. He also pointed out that there are two left turn lanes, one for the new school and one for this old facility.) Mr. Fritz explained that the staff was not supporting VDOT's recommendation for a right turn lane (for traffic arriving from the north) because staff feels that the majority of traffic to the school will be arriving from the south. He explained also that the staff did not support the recommendation for upgrading the entrance because that was also "a matter of convenience" and not a safety issue. Referring to Condition No. 3 requiring the vacation of the public right-of-way prior to the commencement of the private school, Mr. Johnson questioned if this was the applicant's responsibility or the County's. Mr. Fritz stated the County Engineer was currently working on this matter. Mr. Cilimberg added: "The condition is to allow for the appropriate opening of the school. The condition can only go to the application. What it does is spur the applicant to work with the County to make sure that the vacation of this right-of-way is accomplished. ... It's to make sure that it's vacated before the school opens." Mr. Johnson did not feel the condition was worded correctly. He did not think the responsibility for abandonment of the right-of-way should be placed on the applicant. Mr. Cilimberg noted that the Commission might want to advise the Board, through it's action, that the Commission feels the County should be aprticipating in this abandonment process. Mr. Johnson also questioned the restriction on enrollment. -4 q April 301 1991 Page 3 Mr. Fritz explained the intent was to keep the use of the septic system at the same level as it had been when used as a public school. He stated the restriction had not been based on the capacity of the school building itself. Ms. Huckle asked about the applicant's legal arrangements with the County for the use of the building. The applicant later explained that the building would be leased for three years with two 1-year renewable options and with the right of first refusal. He stated the applicant currently has no definitive plans for purchase of the building.* The applicant was represented by Mr. Bill Loredo. He answered questions about the lease arrangement and current enrollment figures. He stated that 271 was an acceptable number for the "foreseeable future." He noted that he had been informed by Mr. Ray Jones (Albemarle County) that the 271 enrollment figure had been exceeded at the public school in most years. He confirmed that the school would no longer be using Camp Holiday Trails. The Chairman invited public comment. Ms. Eleanor Santic, representing Citizens for Albemarle, addressed the Commission. Her statement neither supported not opposed the request, but raised several questions. See Attachment A to these minutes. There being no further applicant or public comment the matter was placed before the Commission. Ms. Huckle expressed support for the use of the building in the proposed way. She did, however, express concern about the issue of public vs. private sewer. Mr. Rittenhouse also was uncomfortable with the question of connection to public sewer. He questioned whether the situation had been analyzed thoroughly. He felt not requiring connection based only on the fact that an adequate septic system exists, was "risky ground to trod upon as far as requiring connection to public sewer without some more rigorous analysis of why we're not requiring it in this instance." He noted that he did not see any evidence that the connection to public sewer was "not reasonably available." He stated he was reluctant to support the application at this point because of concern about precedent. Mr. Cilimberg noted that historically the Commission's requirement for connection to public utilities has been associated with new development under a site plan. He stated this request will not be subject to a site plan review because there are no proposed changes to the building or parking area. He felt this distinguished the decision *Ms. Huckle expressed the hope that the County would not sell the building. April 300 1991 Page 4 about public utility connection from past decisions. He also noted that not requiring connection in this instance would not require a waiver. Mr. Johnson stated he strongly supported the request. He felt the County's support of private schools was very cost effective. He also felt this was an excellent use of the property. He vouched for the integrity of the school. He again expressed the desire that the restriction on the number of students be relaxed. He noted that the Education Department's records show that the building has an "effective" capacity of 315 and a "maximum" capacity of 378. (Mr. Rittenhouse later noted that Albemarle County Schools almost never go above the effective capacity.) Mr. Cilimberg noted that the Health Department had verified the septic system's adequacy for 271 students (nothing higher). He stated the applicant could request an increase in enrollment at a later time if needed and the issue of connection to public utilities could be addressed at that time. Ms. Andersen noted she was in agreement Mr. Johnson and stated she would support the request. She stated the issue of public utilities could be addressed if the school ever expands. Ms. Andersen moved that SP-91-10 for Crossroads Waldorf School be recommended to the Board of Supervisors for approval subject to the following conditions: 1. Total enrollment shall be limited to 271 students. No students shall be permitted to drive to school. 2. Use shall not commence without approvals from the appropriate state, local and federal agencies. 3. Public right-of-way on site shall be vacated prior to the start of the private school. Mr. Johnson seconded the motion. Discussion: Mr. Rittenhouse noted that he had no reservations about the use, but he remained reluctant to support the proposal without a greater analysis of the issue of public sewer availability. He did not think the fact that the building "already happened to be there is a justification for not considering the connection to public sewer." He was in favor of deferral. Ms. Huckle agreed with Mr. Rittenhouse. LI April 30, 1991 Page 5 Mr. Grimm noted that this is an existing site and the septic system has already been approved by the Health Department_ Mr. Wilkerson indicated he understood Mr. Rittenhouse's position but he felt this proposal was unique. Mr. Johnson stated he was not aware of any policy which requires review of a septic system which is in place and functioning properly. The motion for approval passed'(5:2) with Commissioners Huckle and Rittenhouse casting the dissenting votes. SP-91-13 Mount Calvary Baptist Church - Request to locate a cemetery (12.2.2(14) and (15)], on 1.8 acres zoned VR, Village Residential. Property, described as Tax Map 58A1, Parcels 19, 20, and 21, is located on the south side of Rt. 738 approximately 0.4 miles west of Rt. 250 in the Samuel Miller Magisterial district. This site is not located within a designated growth area (Rural Area I). Mr. Fritz presented the staff report. Staff recommended approval subject to conditions. Mr. Johnson asked for staff to explain the Virginia Department of Transportation comments in relation to the entrance improvements. Mr. Fritz explained that some clearing would be required to the east. He confirmed that a tree which needed to be removed was either on the applicant's property or in the VDOT right-of-way. Mr. Fritz suggested that condition No. 3 might be amended to clarify that the improvements to the entrance were only those related to sight distance (and not commercial entrance improvements), if that was the Commission's intent. The applicant was represented by Mr. Henry Walker. He confirmed that removal of the trees would not present a problem. There being no public comment, the matter was placed before the Commission. It was agreed condition No. 3 would be amended as suggested by Mr. Fritz (and stated below). Mr. Johnson moved that SP-91-13 for Mount Calvary Baptist Church be recommended to the Board of Supervisors for approval subject to the following conditions: 1. Compliance with all Health Deaprtment regulations. 2. Easement on adjacent property shall be obtained prior to the establishment of the cemetery. April 30, 1991 Page 6 3. Entrance shall be improved in order to meet minimum sight distance requirements in accordance with Virginia Department of Transportation comments dated April 22, 1991 prior to the establishment of the cemetary. Ms. Andersen seconded the motion which passed unanimously. SP-91-09 Carl & Rosie Evans - Petition to locate a single wide mobile home on five (5) acres zoned RA, Rural Areas. Property, described as Tax Map 132, Parcel 10 is located on the west side of Rt. 602 approximately 0.15 miles north of the intersection of Route 602 and 617 in the Scottsville Magisterial District.' This site is not located within a designated growth area (RA III). Mr. Fritz presented the staff report. The report explained that the mobile home was intended to be used as a vacation and weekend home for the applicant's children. The report also noted that "historically, mobile homes have been approved where there is a need for permanent housing as opposed to a part-time use." The applicant, Mr. Carl Evans, addressed the Commission. He explained the structure would be used by his children who often visit on the weekend. He noted that it would not be visible from other dwellings. The Chairman invited public comment. Ms. Eleanor Santic, representing Citizens for Albemarle, addressed the Commission. She expressed concern about the issue of policy. See Attachment B. There being no further applicant or public comment the matter was placed before the Commission. Mr. Rittenhouse stated that traditionally the Commission has looked at mobile homes in terms of "affordable housing", i.e. "an application by someone who needed a mobile home to have a home." He felt that to consider a mobile home for something other than permanent housing needs would be to "stray away" from the tradition. The staff report cited one similar application (SP-89-20 for John Hart) which had been denied (unanimously) by the Commission, but approved by the Board. Rittenhouse Both Commissioners/and Wilkerson indicated they would be consistent in their review of this type of request. Mr. Johnson felt that in the event the request was approved, the site of the mobile home should be defined by a condition MW April 30, 1991 Page 7 referencing Attachment C. He also suggested that condition No. 6 be changed to read: "Mobile home is not to be occupied except by the applicant or members of his immediate family." He also felt that the applicant might have described his request as being for a "permanent mobile home but occupied on an occasional basis" had he been aware of the permanent vs. temporary issue. Mr. Rittenhouse stated that it was more a matter of County policy in his mind. He was uncertain as to whether or not a definite policy existed, other than how they have been dealt with "historically." There was a discussion about the difference in a "permanent" vs. a "temporary" permit. Mr. Johnson noted that this was an application for a permanent mobile home. He questioned whether the fact that it was only going to be occupied occasionally was relevant. Mr. Rittenhouse felt that it was indeed relevant because the County considers mobile homes differently than other dwellings, thus the requirement for a special permit. Mr. Wilkerson noted that they are looked at as being "owner occupied." Mr. Fritz noted also that the County has, historically, not approved mobile homes as rental units. Mr. Cilimberg noted that certain types of manufactured housing are now exempt (by State Code) from the requirement for a special permit in the RA zone. This exemption is based on size and structural requirements. He confirmed that if this proposal had been for a double -wide mobile home, regardless of usage, a special permit would not have been required. Based on this information, Mr. Wilkerson stated he could find no reason not to support the application. Mr. Johnson agreed. There was a discussion about the differences in a double -wide and a single -wide mobile home and whether or not the two are perceived differently. Mr. Rittenhouse noted that the Ordinance perceives that the two are different, thus the requirement for a special permit. He again stated that such requests have consistently been reviewed in terms of whether or not they are needed for permanent housing. He felt there was a difference in "permanent affordable housing vs. a convenience use.11 Ms. Huckle expressed concern about the Ordinance being "slowly eroded" by exemptions. N April 30, 1991 Page 8 Mr. Rittenhouse concluded he could not support the application. He felt there was a definable difference between needed housing and convenience housing. Ms. Andersen agreed. She felt the traditional policy should be upheld. Mr. Grimm agreed and moved that SP-91-09 for Carl and Rosie Evans be denied. Ms. Huckle seconded the motion. The motion for denial passed (4:3) with Commissioners Grimm, Andersen, Huckle and Rittenhouse voting for the motion and Commissioners Jenkins, Wilkerson and Johnson voting against. There being no further business, the meeting adjourned at 8:30 p.m. DB ADDITION TO MINUTES OF APRIL 30. 1991. (At Commissioner Johnson's request) Under Old Business, Mr. Johnson commented on the Crossroads Waldorf School use of the old Crozet Elementary building. He noted that a private enterprise has seen fit to make use of this building at the same level of participation as it was being used when it was a public school. He pointed out that the replacement school for Crozet Elementary has an increased capacity of 45 students "on an effective basis " He stated: "As a taxpayer, I look at this and wonder if the appropriate and complete consideration was given at that time relative to the cost of improving and expanding, as appropriate, the existing structure vs. building an entirely new structure. I have a concern about that, but I admit that I do not have the benefit of the discussions and considerations that were given at the time the decision was made." Mr. Rittenhouse responded that he had served on the School Oversite Committee which is currently examining the Lung Range Plan. He noted that classrooms can be added to existing structures up to a point, but beyond that point all the other facilities must also be expanded, e.g. the cafeteria., the gymnasium, etc. He explained there are considerations other than just seating capacity and it is a complex issue. Mr. Cilimberg added that a study for expansion of the existing facility had been performed. He noted that there are also structural issues (e.g. asbestos presence) which must be considered when making these decisions. Mr. Johnson indicated he was familiar with the reputation of the Crossroads Waldorf School and he was certain there would be no compromise in academic accomplishment at a student level by taking over this old business.