HomeMy WebLinkAbout10 02 90 PC MinutesOCTOBER 2, 1990
The Albemarle County Planning Commission neid a public
hearing on Tuesday, October 2, 1990, Meeting Room 7, County
Office Building, Charlottesville, Virginia. Those members
present were: Mr. Keith Rittenhouse, Chairman; Mr. Harry
Wilkerson, Vice Chairman; Mr. Phil Grimm; Mr. Tom Jenkins;
Ms. Ellen Andersen; and Ms. Babs Huckle. Other officials
present were: Mr. Wayne Cilimberg, Director of Planning and
Community Development; Mr. Ron Keeler, Chief of Planning;
Mr. Bill Fritz, Senior Planner; Ms. Yolanda Lipinski,
Planner; Ms. Mary Joy Scala, Senior Planner; and Mr. Jim
Bowling, Deputy County Attorney. Absent: Commissioner
Johnson.
The Chairman called the meeting to order at 7:30 p.m. and
established that a quorum was present.
Ms. Scala very briefly previewed the October 9th Consent
Agenda which included the following items:
High Mowing Agricultural/Forestal District
Addition to Keswick Agricultural/Forestal District
PUBLIC HEARING
Addition to Carter's Bridge Arricultural[Forestal District -
Consists of 27 parcels totalling 3,692.364 acres located in
three areas of Rt. 20 South. The proposed time period is
the same as for the original district, or 10 years from
April 20, 1988. The existing Carter's Bridge District
contains 7,969.72 acres. With this addition, Carter's
Bridge District will be the second largest district in the
County.
Ms. Scala presented the staff report.
There being no public comment, the matter was placed before
the Commission_
Ms. Huckle moved, seconded by Mr. Wilkerson, that the
Addition to the Carter's Bridge Agricultural/Forestal
District be approved. The motion passed unanimously.
SP-90-76 Thomas H. Pritchett. Estate (owner). Walter Lee
Pritchett (applicant) - Request in accordance with Section
5.6 of the Zoning Ordinance for the issuance of a special
use permit to allow for a single wide mobile home to be
located on property zoned RA, Rural Areas. Property,
described as Tax Map 33, Parcel 35 (part of), is located
approximately one-fourth of a mile on a private easement off
the west side of Rt. 600, approximately .7 mile south of the
intersection of Rt. 747 and Rt. 600. This site is not
located within a designated growth area.
October 2, 1990 Page 2
Ms. Lipinski presented the staff report.
The applicant was present but offered no additional comment.
There being no public comment, the matter was placed before
the Commission.
Mr. Wilkerson moved that SP-90-76-for Walter Lee Pritchett
be recommended to the Board of -Supervisors for approval
subject to the following conditions:
1. Albemarle County building official approval;
2. Conformance to all area, bulk and other applicable
requirements for district in which it is located;
3. Skirting around mobile home from ground level to base of
the mobile home to be completed within thirty (30) days of
the issuance of a certificate of occupancy;
4. Provision of potable water supply and sewerage facilities
to the satisfaction of the zoning administrator and approval
by the local office of the Virginia Department of Health, if
applicable under current regulations;
5. Maintenance of existing vegetation, landscaping and/or
screening to be provided to the satisfaction of the zoning
administrator. Required screening shall be maintained in
good condition and replaced if it should die;
6. Mobile home is for occupancy of Walter Lee Pritchett and
his family only.
Mr. Grimm seconded the motion.
Discussion:
Mr. Jenkins asked staff to comment on the road maintenance
issue which had been brought up by a neighboring property
owner. Ms. Lipinksi explained that"unless the private road
has already been approved, family divisions are exempt from
road upgrading and there is very little that staff can do."
The previously stated motion for approval passed
unanimously.
SP-90-81 LighthoUge, Baptist Church - The applicant is
requesting a special use permit for a 150 seat church
[10.2.2(35)] on 5 acres zoned RA, Rural Areas. Property,
described as Tax Map 32, parcel 23H is located on the west
side of Rt. 785 approximately seven -tenths of a mile north
of Rt. 649 in the Rivanna Magisterial District. The site is
not located within a designated growth area.
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October 2, 1990 Page 3
Prior to the presentation of the staff report Mr. Cilimberg
advised the Commission that there had been a flaw in the
notification for this item, i.e. the date had been stated as
Tuesday, October 3rd, rather than October 2nd. He stated
the applicant could choose to proceed, but should be aware
of a potential legal problem. Though staff advised that the
item be deferred, after a brief discussion, it was
determined that only two adjacent property owners were
involved and both had been made aware of the mistake prior
to the meeting. Based on this information, it was Mr.
Bowling's opinion that there was no legal problem and the
hearing could proceed.
Ms. Lipinski presented the staff report. Staff recommended
approval subject to conditions.
Ms. Lipinski distributed a copy of a petition of objection
containing 48 signatures_
Mr Wilkerson asked staff to comment on VDOT's comments
regarding Rt. 785, i.e. "Rt. 785 was upgraded based on the
current zoning of the properties and changes of this nature
could make Rt. 785 become non -tolerable." Ms. Lipinski
responded that VDOT had not recommended that the road be
upgraded. Mr. Cilimberg added that VDOT's comments had been
based on 10 vehicle trips per day for a single family
dwelling unit, as opposed to 75 vehicle trips for Sunday -
only traffic for the church. He stated further that it is
staff's position that 75 trips on only one day is not a
significant increase from 10 trips per day for a residential
dwelling. Mr. Wilkerson pointed out that the church would
also generate traffic on Sunday evenings and Wednesday
evenings.
The Chairman invited applicant comment.
The applicant was represented by Mr. Mike Henderson, Pastor
of the church. He stated that an ultimate membership of 100
is anticipated. He explained that Sunday night attendance
is usually only half of what it is on Sunday morning and
Wednesday attendance is usually even less than that. He
stressed that this is a small church and did not think
traffic would be a problem.
The Chairman invited public comment_
Mr. Dave Hines, a resident of Rt. 785, addressed the
Commission and expressed his opposition to the proposal. He
expressed concerns about increased traffic and also drainage
from the proposed church property causing flooding and
damage to his property and pollution of his creek.
There being no further comment the matter was placed before
the Commission.
October 2, 1990 Page 4
There was a brief discussion about the slope or the property
and the drainage concerns expressed by Mr. Hines. Mr. Hines
again explained that he was afraid additional impervious
area on the Pritchett property would exacerbate existing
drainage problems on his property. Mr. Wilkerson wondered
if grading could possibly correct the problems described by
Mr. Hines, Mr. Rittenhouse pointed out that the property
would be subject to site plan review which will include an
analysis for stormwater runoff issues. Mr. Cilimberg added
that the property would be subject to soil and erosion
control measures. Mr. Rittenhouse concluded that Mr. Hines'
concerns may be alleviated because of the site review
process, more so than with a by -right development.
Ms. Huckle expessed concern about the proposal and the fact
that this is a dead-end road. She felt it might be to the
church's advantage to be in an area which is more
accessible.
Mr. Wilkerson stated his questions about the road had been
answered.' Regarding the runoff issue, he agreed with Mr.
Rittenhouse that site review would probably make this
preferable to a by -right development.
Mr. Wilkerson moved that SP-90-81 for Lighthouse Baptist
Church be recommended to the Board of Supervisors for
approval subject to the following -conditions:
1. Administrative approval of site plan;
2. Any future or expanded uses including day care shall
require an additional special use permit;
3. Seating capacity to be determined by adequacy of septic
system area not to exceed.a maximum fixed seating of 150
people;
4. Clearing of trees shall be for construction purposes
only and all remaining trees of 3 1/2" caliper shall be
maintained, especially along Route 785.
Mr. Jenkins seconded the motion.
Discussion:
Mr. Rittenhouse stated he would support the motion. He felt
that a church was less likely to create traffic at peak
times and that site plan review was better likely to
alleviate any existing or future runoff problems.
The motion for approval passed (5:2) with Ms. Huckle casting
the dissenting vote.
Mr. Keeler noted that staff was requesting administrative
approval of the final plat. He stated he would place a note
in the file that the County Engineer would meet with the
applicant and the property owners regarding runoff concerns.
October 2, 1990 Page 5
Mr. Wilkerson stated he had no objection and if Mr. Hines'
concerns were not satisfied, he could request that the site
plan be reviewed by the Commission.
SP-90-7_7 M ar_the Robin Catholic_ School Corporation
(applicant). County of Albemarle School Board (owner) - The
applicant is requesting a special use permit in order to
operate the existing Greenwood School as a private school
with 180 to 200 students [10.2.2.5] on 6.2 acres zoned RA,
Rural Areas. Possible expansion of the building and maximum
enrollment of 400 students is proposed as Phase Two.
Property, described as Tax Map 54, Parcel 54, is located in
the northwest quadrant of the intersection of Route 691 and
690 in the White Hall Magisterial District. This site is
not located within a designated growth area.
Mr. Fritz presented the staff report. Staff recommended
approval subject to conditions.
In response to Commission questions regarding the closing of
the entrance on Rt. 691, Mr. Fritz explained that staff is
reluctant to require the closing of the entrance at this
time because the County did use the entrance when this
building was a County school. He added that the entrance
has restricted sight distance, though it is anticipated that
it will have limited use.
The applicant was represented by Mr. Kurt Wassenar,
architect for the project. He corrected a mistake on the
schematic, i.e. the small "yellow" structure is not a part
of the school property. He explained that this will be a
private school, independent from church affiliation. He
stressed that the building will be rennovated to meet
current codes and standards. Because of plans for possible
future expansion of the program, he asked that the
Commission grant approval of both phases I and II. He
explained that it is anticipated that the existing septic
system will need to be replaced. He explained that the
existing loop road is a state road and the applicant intends
to abandon that road. He explained that at such time as a
second phase is contemplated the entrance on 891 will either
be upgraded to VDOT recommendations, OR another entrance
will be constructed from the existing side of the building
along the edge of the property. However, Mr. Wassenar noted
that condition 3 would not limit the viability of the
project. He pointed out that the approval of this proposal
will provide alternative education choices for County
residents as well as allow the County to sell a building
which has been vacant for some time while at the same time
possibly reducing the pressures for additional County
schools. In the interests of guiding plans for the future
of the school, he asked that the Commission approve the
permit for both Phase I and Phase II.
October 2, 1990 Page 6
There being no further comment the matter was placed before
the Commission_
Mr. Jenkins asked staff to comment on the applicant's
request for the approval of both phases. Mr. Fritz
explained that staff had been provided no information
regarding expansion to 400 students. He stated staff was
not certain if the soils could accommodate a septic field
for 400 students. Mr. Rittenhouse also noted that VDOT's
analysis had been based on 200 students.
Mr. Rittenhouse expressed real concern about the entrance on
Rt. 691. He explained that he felt this was more of a
concern with this use than it had been as a County facility
because this school will not be using buses and therefore
there will be a great deal more automobile traffic. He
stated he was reluctant to support leaving this entrance
open because it is considerably deficient in sight distance.
He did not think the County's use of the entrance should
imply that a precedent had been set.
It was noted that the applicant planned to improve the
entrance with the second phase of development.
Mr. Wilkerson indicated he was in agreement with Mr.
Rittenhouse. He added that sight distance may not have been
as impaired with a school bus because it is much higher than
an automobile.
Mr. Rittenhouse stated he could approve the request with
some amendment to Condition No. 3 . Mr. Wilkerson suggested
that Condition No. 3 be changed to read: "Existing entrance
on Rt. 691 shall be closed until sight distance is improved
according to VDOT recommendations."
Mr. Jenkins moved that SP-90-77 for Marthe Robin Catholic
School Corporation (applicant), County of Albemarle School
Board (owner), be recommended to the Board of Supervisors
for approval of Phase I subject to the following conditions:
1. Use shall be limited to Phase I (200 students);
2. Use shall not commence without approvals from the
appropriate state, local and federal agencies;
3. Existing entrance on Route 691 shall be closed until
sight distance is improved according to VDOT
recommendations;
4. Staff approval of site plan for improvements to Phase I.
Site plan shall be in general compliance with plans dated
9/14/90.
Mr. Grimm seconded the motion which passed unanimously.
S
October 2, 1990 Page 7
. -HU-UZ Free Union -Country School - The applicant is
proposing to amend SP-88-33 in order to increase enrollment
from 48 to 55 students in a private school [10.2.2(5)] on
2.0 acres zoned RA, Rural Areas. No additional buildings
are proposed. Property, described as Tax Map 29, parcel 15D
is located on the west side of Route 601 approximately 700
feet southeast of the intersection of Rt. 601 and Route 665
in the White Hall Magisterial District. This site is not
located within a designated growth area.
Mr. Fritz presented the staff report. Staff recommended
approval subject to approval of the same conditions of SP-
88-33 with amendment to conditions 3 and 5 (NOT 4 and 6 as
stated in the staff report).
The applicant was represented by Mr. Tie McIntosh. He
explained that the increased enrollment would allow for
improvements to the school through an increased budget.
There being no public comment, the matter was placed before
the Commission.
In response to Ms. Huckle's question regarding adequate
square footage, Mr. Fritz stated that the facility had
passed the Inspections Department's inspection. Mr. Keeler
added that those concerns would be addressed under Condition
No. 4 related to state licensing requirements.
Mr. Wilkerson moved that SP-90-82 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-transferrable;
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 Welfare's
Minimum Standards for Licensed Child Care Centers;
5. Staff approval of site plan amendment adding a minimum
of two parking spaces.
Mr. Jenkins seconded the motion which passed unanimously.
The meeting recessed from 8:45 to 8:55.
October 2, 1990 Page 8
- The
applicant is proposing to rezone 6.532 acres from CO,
Commercial Office to R-15, Residential [PROFFERED].
Property, described as Tax Map 78, parcel 12A, is located on
the north side of U.S. Route 250 approximately 0.26 miles
west of State Farm Boulevard in the Rivanna Magisterial
District. This site is located within a designated growth
area.
Staff recommended approval subject to acceptance of all the
applicant's proffers except for Proffer No. 2 (No currently
existing structures will remain on the property). Mr. Fritz
explained that this was intended as information only and
should not have been included as a proffer.
(Note: Mr. Fritz noted the addition of the following
language to proffer No. 5: "...Occupancy, in the event tb-a-t
the CTP projopts for whiph this cash proffer are intended as
referenced in staff's regort are not undertaken, the abgye
proffer will ]2e used -for other projects in the ., )
Mr. Fritz called the Commission's attention to letters
received by staff related to this proposal's compliance with
the Comprehensive Plan. He stated: "It's our opinion that
this site represents the westernmost boundary of the area
designated as high -density residential. Regarding the
issue of traffic generation, he stated that staff believes
that R-15 zoning will result in fewer vehicle trips than
would CO designation.
Mr. Fritz answered Mr. Rittenhouse's questions about the
access to lots 12 and 12B.
In response to Mr. Wilkerson's question about possible
grading, Mr. Fritz explained that the applicant has not
provided detailed construction plans but that issue would be
reviewed at the time of final site plan.
The applicant was represented by Mr. John Johnson. He
explained that as site plans are finalized grading will be
minimized. He felt grading could be limited to less than 15
feet across the site. He explained the plans for the
development, i.e. 96 apartments with 36 one -bedroom units
and 60 two -bedroom units targeted at "young retirees and
young professionals." Rents are anticipated to range from
$550 to $675. He explained the appearance of the buildings
and presented pictures of the site from various areas
including Ashcroft and Monticello. The applicant had
calculated the cost to the County to be $52,400. (The
County had calculated $52,478.) He stated the applicant's
cash proffer is based on this figure. He explained that the
applicant disagreed with the County's projected school -age
children, i.e. the County had estimated 17 children and the
applicant estimates 13 to 15. He stated there would be
minimal impact to schools because all schools impacted are
currently under capacity.
October 2, 1990 Page 9
The Chairman invited public comment.
Ms. Ellen Orsantic, representing the League of Women Voters,
read a statement (Attachment A) which expressed concern
about building on slopes of 25% or greater.
Mr. Andrew Drucopoli, representing Mr. Eugene Worrell,
expressed the following concerns: (1) That existing mature
trees be preserved; (2) The scale of the project as viewed
from Rt. 250 East; and (3) The color vinyl which will be
used on the buildings.
Ms. Sherry Buttrick, representing the Piedmont Environmental
Council, addressed the Commission. She noted that this is
"one of the first cases where by accepting a cash proffer
the zoning will be vested as a result of House Bill 721
passed this year." She suggested that it would be a good
idea, in cases such as this, to add a "sunset clause" which
would protect the County in the event this zoning is not
used by the present applicant at some future time. In
relation to the Entrance Corridor Ordinance (recently
adopted), she stated it was her understanding that the
Architectural Review Board would review these plans. She
cautioned that if the Board were to approve these plans
prior to ARB review, then the plans would possibly be
vested. She felt the ARB should make the determinations as
to site design and that the Board should be careful not to
unintentionally vest the design. She also asked that it be
made very clear that proffer No. 2 was not to be accepted as
a proffer.
There being no further comment the matter was placed before
the Commission.
Mr. Bowling commented on the question of vested zoning. He
stated this is a new Code section and it is difficult to say
at this time how it will effect the latitude which
governmental bodies have. He added that the "sunset
provision" mentioned by Ms. Buttrick may be a good idea
because "it would enable the Board and Commission to change
the zoning if such were appropriate at some future time if
the development didn't occur."
Mr. Cilimberg asked how this would work, i.e. "does it have
to be accepted under the proffers for a rezoning or can the
County impose a certain time link for the zoning approval?"
It was determined the legal aspects of this issue would have
to be researched more fully.
Mr. Cilimberg noted that historically, rezonings have kept
their designation even when surrounding properties have been
downzoned. Mr. Keeler added that when the present Zoning
Ordinance was adopted all proffered rezonings and all
planned developments (which had been approved prior to that
date) were carried over with proffers in place. Mr.
Cilimberg stated sunset clauses would be a new issue for the
Board to consider.
9
October 2, 1990 Page to
Mr. Bowling stated that there may not be a vesting problem
with this proffer, "depending on how you read the. Code of
Virginia... it appears to relate to proffers that involve
cash payments for construction of substantial public
improvements, the need for which is not generated solely by
the rezoning itself." Mr. Rittenhouse stated: "These have
all been related directly to (this development's) impact."
Ms. Buttrick pointed out that "House Bill 721 has changed
the situation so that the Board of Supervisors continues to
have the option to come back and do a downzoning it it so
desires, whereas in this case --the way the legislation
reads --the County, if it doesn't go ahead and put a sunset
clause in, which wouldn't be a detriment to the applicant,
the County would lose the ability in the future to come back
and do what Ron was saying, if it felt it was best to do a
downzoning. So the sunset clause would provide a protection
to the County a couple of years down the road."
Mr. Bowling again indicated he did not feel there was a
potential vesting problem in this instance. He explained:
"The proffers .relate directly to the Capital Improvement
Program for which the funds are going to be spent."
Mr. Johnson stated his advisors had explained that "if we
offered an impact fee to provide services not directly
related to this complex, then we would face the vestment
problems, but if we limited our impact fee to costs directly
associated with this development, it was their opinion that
it would not."
Mr. Rittenhouse asked that staff address this question
before the Board hearing.
The applicant stated he would not be adverse to a sunset
provision provided it was for a reasonable period.
Referring to the proffers related to design, Mr. Cilimberg
explained it was staff's intent that through these proffers
the developer was agreeing to abide by the Entrance Corridor
Overlay District and if staff or the ARB determined changes
were necessary to the plan, then such changes would be made
during the development process- (Mr. Keeler felt this was
not completely accurate. He noted that the Board had yet to
act on the EC District and the ARB and staff has always been
very reluctant to forestall an applicant based on something
that "might, maybe, sort of, could" happen in the future.")
Mr. Fritz pointed out that the applicant had revised the
plan based on some of the requirements which are proposed
for the EC District.
Mr. Rittenhouse stated he was prepared to support the
request for the following reasons: (1) Traffic generation
will be less than for commercial development; (2) Compliance
/D
October 2, 1990 Page 11
with the Comprehensive Plan; (3) High density is a better
buffer than regional service commercial zoning; and (4) The
applicant has shown an awareness of the Monticello and
Ashcroft viewsheds.
Ms. Huckle stated she had concerns about the proposal. She
felt approval at this time would be premature because the
site plan and the extent of grading required on critical
slopes are not yet available for review. She noted that the
light colored buildings would be considerably more visible
after leaves have fallen. She stated she could not support
the proposal primarily because of the critical slopes issue.
Mr. Rittenhouse pointed out that approval of this rezoning
did not guarantee development and does not contemplate that
the Commission has given any indication to the developer
that he can develop on critical slopes. He noted these were
issues which would be addressed at site plan review.
Mr. Wilkerson agreed with Ms. Huckle's concerns about visual
impact and grading. He also expressed concern about traffic
generation.
In response to Mr. Grimm's and Mr. Rittenhouse's questions,
staff answered questions about the future plans for
improvements to Rt. 250 and also about what types of uses
would be allowed with CO zoning.
Mr. Grimm concluded he had no problems with the rezoning.
He noted that he felt it could be developed in such a way as
to be an attractive entrance to the City.
Mr. Grimm moved that ZMA-90-12 for Beacon Realty Corporation
be recommended to the Board of Supervisors for approval
subject to acceptance of applicant's proffers 1, 3, 4, 5
(with addition read by staff) and 6.
Ms. Andersen seconded the motion.
Discussion:
Ms. Huckle indicated she felt the applicant could propose a
more attractive plan.
Mr. Jenkins expressed an understanding of Ms. Huckle's
concerns and noted that this was a "landmark piece of land"
and there is no assurance that the BC District will be
passed.
It was confirmed that the motion was for approval with the
deletion of proffer 2 and with proffer 5 as read earlier in
the meeting by Mr. Fritz (and stated previously in this
record),
October 2. 1990 Page 12
Ms. Huckle noted that by not granting approval at this stage
the applicant might be more inclined to offer a more
attractive plan.
Mr. Rittenhouse pointed out that if this were to be
developed under CO zoning the Commission would not have this
opportunity to discuss the appearance and design of the
development. He also pointed out that the developer could
not develop on critical slopes unless the Commission chose
to grant a waiver.
Mr. Jenkins stated he felt that residential usage was better
than commercial, but he was still concerned about placing
three-story buildings on high ground_
Mr. Jenkins called for the question.
The motion for the question to be'ealled-passed unanimously.
The motion for approval failed to pass (3:3) with
Commissioners Grimm, Andersen and Rittenhouse voting in
favor and Commissioners Jenkins, Huckle and Wilkerson voting
against.
Mr. Wilkerson moved that ZMA-90-12 for Beacon Realty
Corporation be recommended to the Board of Supervisors for
denial.
Ms. Huckle seconded the motion.
The motion failed to pass (3:3) with Commissioners Jenkins,
Huckle and Wilkerson voting for denial and Commissioners
Grimm, Andersen and Rittenhouse voting against.
Because the Commission was unable to reach a majority
decision, the proposal was passed on to the Board with no
recommendation.
- The applicant is requesting a special use
permit for a 30 child day care center [10.2.2(7)] on 11.196
acres zoned RA, Rural Areas. Property, described as Tax Map
56, parcel 67 is located on the north side of Rt. 240
opposite ACME Visible Records in the White Hall Magisterial
District. This site is not located within a designated
growth area.
Mr. Fritz presented the staff report. Staff recommended
approval subject to conditions.
The applicant, Mr. Jim Willis addressed the Commission. He
felt this property was well -suited for the proposed use. He
explained that the structure would resemble closely a
single-family home.
/_2
October 2, 1990 Page 13
The Chairman invited public comment.
Ms. Barbara Schulman, an adjacent property owner addressed
the Commission. She felt the description of the proposed
parcel and building site were "grossly misrepresented." She
objected strongly to the proposal as she felt it would
destroy her f amily's life style. She noted that her
husband's veterinary practice was not in site of any
residence along Parkview Drive in either summer or winter.
She explained that the proposed structure would be in full
view of every angle of her home. She questioned how
consideration could be given to locating a business 700 feet
back from the State road when all other businesses in the
area are located "along the State route."
Dr. Schulman addressed the Commission. He noted that the
staff report had failed to mention the proximity of his
family's home. He, too, strongly objected to the proposal -
He noted the following differences in his veterinary
business and the proposal under consideration: (1) His
business was located on property originally zoned LI, but
the property was later downzoned to RA; (2) His business
generates only 30% as many vehicle trips per day as the
proposed usage will generate (150 vtpd as estimated by
VDOT); (3) His business' "common road usage is only 75
feet along Parkview Drive and the applicant's proposal is
for 700 feet of shared access;" and (4) His business has
approximately 4 vehicles at a time using the common drive,
while the proposed usage could have as many as 30 vehicles
using the private drive at one time. He read a letter of
objection on behalf of the other 8 homeowners along Parkview
Drive. The letter stressed that the shared road was a
Private road which was not maintained by either the County
or the State. Dr. Schulman stressed the dangerous situation
which would be created by the additional traffic on this
Private road and also pointed out the conflicts with farm
vehicles.
There being no further comment the matter was placed before
the Commission.
There was a brief discussion about the access onto Parkview
Drive. Mr. Keeler concluded that "in terms of the site
itself, the school and the access is in the best location."
Ms. Huckle expressed concern about the precedent of placing
a non-agricultural use in an agricultural area. She also
recalled discussions on other proposals which do not drain
into Lickinghole Creek and she feared a precedent in this
respect also.
Mr. Grimm indicated he was in agreement with Ms. Huckle and
he also expressed concern about this type of use in an area
that was intended for single-family residences.
/�3
October 2, 1990 Page 14
Mr. Jenkins did not question that the building was
positioned in the right location on the site, but he pointed
out that the road in question is a narrow farm lane and,
because of the anticipated traffic, children would have to
be well protected. He stated the proposal would be more
acceptable with a building site closer to Rt. 240 and with
an entrance opposite the veterinary entrance. He stated he
had reservations about the proposal.
Mr. Wilkerson indicated he was sympathetic to the
neighboring homeowners.
Mr. Rittenhouse stated he perceived a major objection was
the increase in traffic on a private road which functions
very casually.
Mr. Jenkins moved that SP-90-79 for James H. & Sue Willis be
recommended to the Board of Supervisors for denial.
Ms. Huckle seconded the motion.
Discussion: -
Mr. Rittenhouse stated the issue of most concern to him was
not related to the private road or the traffic, but rather
was a concern about establishing a structure in the rural
areas for the particular purpose of day care.
The previously stated motion for denial passed (5:1) with
Ms. Andersen casting the dissenting vote.
and Willow Lake Final Phase - The
Commission unanimously granted staff administrative approval
of both these items.
The Chairman reminded the Commission of an upcoming meeting
with the Board of Supervisors scheduled for October 10 at
3:00.
There being no further business, the meeting adjourned at
11:10 p.m.
i
. Way Cilimbe ecretary
DS
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