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SP201600006 Staff Report Special Use Permit 2015-09-01
4d F A� .4 1114 wive �Rr�rnY' ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SP201500011, Montessori Community Staff: Claudette Grant, Senior Planner School Planning Commission Public Hearing: September 1, Board of Supervisors Hearing:To be determined. 2015 Owner(s): The Montessori Community School of Applicant(s): Montessori Community School of Charlottesville Charlottesville represented by Eugene Ryang Acreage: 9.18 acres Special Use Permit for: Educational School under Section 23.2.2(6)of Zoning Ordinance. TMP: 078000000012A0 and 078000000011 BO By-right use: CO, Commercial Office-allows offices, Location: 440 Pinnacle Place supporting commercial and service; residential by special (See Attachment A) use permit(15 units/acre)and HC, Highway Commercial -allows commercial and service; residential by special use permit(15 units/acre). Magisterial District: Rivanna Conditions: Yes Proposal:To amend special use permits DA(Development Area): Neighborhood 3 SP2006-38 and SP2009-001 for revisions to site layout, concept plan and conditions. (See Attachment B) Requested#of Dwelling Units/Lots: N/A Comp.Plan Designation: Urban Density Residential- residential(6.01-34 units/acre)and supporting uses such as religious institutions, schools, commercial,office and service uses and Urban Mixed Use—retail, commercial services, office,and a mix of residential types(6.01 —34 units/acre). Character of Property:The subject properties have Use of Surrounding Properties:The area is the existing school, associated parking, and outdoor surrounded by a mix of commercial and residential uses. fields. Factors Favorable: Factors Unfavorable: 1. There are no anticipated detrimental impacts 1. No unfavorable factors. to the use or on adjacent property resulting from the proposed revisions to the special use permit and conditions. 2. The proposed revisions will provide a more cohesive physical layout of the site that will enhance vehicular and pedestrian connections. Recommendation: Based on the findings contained in this staff report, staff recommends approval of SP 2015- 00011, Montessori Community School with conditions. SP201500011 —Montessori Community School Planning Commission: September 1, 2015 Page 1 STAFF CONTACT: Claudette Grant, Senior Planner PLANNING COMMISSION: September 1, 2015 BOARD OF SUPERVISORS: TBD PETITION: PROJECT: SP201500011/Montessori Community School MAGISTERIAL DISTRICT: Rivanna TAX MAP/PARCEL: 07800-00-00-012A0 and 07800-00-00-011 BO LOCATION: 440 Pinnacle Place PROPOSAL: To amend special use permits SP2006-38 and SP2009-001 for revisions to site layout, concept plan and conditions. PETITION: Educational School on 9.18 acres under Section 23.2.2(6) of Zoning Ordinance. No dwelling units proposed. ZONING: CO, Commercial Office which allows offices, supporting commercial and service; residential by special use permit(15 units/acre); school of special instruction under Section 23.2.2(6) and HC, Highway Commercial which allows commercial and service; residential by special use permit(15 units/ acre). ENTRANCE CORRIDOR: Yes MANAGED STEEP SLOPES: Yes COMPREHENSIVE PLAN: Urban Density Residential—residential (6.01-34 units/acre); supporting uses such as religious institutions, schools, commercial, office and service uses and Urban Mixed Use—retail, commercial services, office, and a mix of residential types (6.01 —34 units/acre) in Neighborhood 3- Pantops. CHARACTER OF THE AREA: This site is developed with a school campus. The immediate surrounding area consists of a mix of commercial and residential uses. The North Pantops Townhouses are located adjacent to the north and east of the subject property. The Rite Aid Pharmacy is also located adjacent to the east side of the subject site. A portion of this site is the former American Legion property, which is now part of the Montessori campus. The Carmax Superstore is located to the west of the site. To the south, and across U.S. Route 250, is a variety of commercial uses along with the Rivanna Ridge\Giant Shopping Center inclusive of the Giant grocery store. PLANNING AND ZONING HISTORY: • The Montessori Community School located at the Pantops Mountain site in 1991. • ZMA 82-03 rezoned the property from R-15 to CO zoning district and included proffers. • ZMA 95-12 and SP 95-22 eliminated the previous proffers and permitted up to 120 students at the school. On May 12, 1999 SP 99-04 was approved to allow expansion of the school with 9 modular buildings, multi-purpose building, an increase of 25 additional parking spaces and an increased enrollment up to 300 students and additional grade levels. • SP2006-38 was an approved amendment to allow for replacement of modular trailers with permanent buildings for 40,700 square feet of total building area. • SP2009-01 was approved to extend the approval of SP2006-38. • SP2014-02 was recently approved to amend special use permit conditions regarding fencing on the site and construction of proposed buildings (requirements for certain fencing were eliminated). DETAILS OF THE PROPOSAL: The applicant is requesting to amend special use permits SP2006-38 and SP2009-001 in order to revise the site layout, concept plan and conditions. The school recently purchased the adjacent property, formerly known as the American Legion parcel (TMP: 07800000001180) and converted the existing building on the property to a middle school. The former American Legion parcel is zoned HC (Highway SP201500011 —Montessori Community School Planning Commission: September 1, 2015 Page 2 Commercial)which allows a private school use by right. The school intends to improve the campus with a more cohesive, continuous layout, inclusive of vehicular, pedestrian, and landscape improvements that will connect the two properties. The applicant wishes to provide an improved campus environment that integrates the various age groups represented at the school. The proposed improvements to the campus include the following: • Vehicle circulation for school drop-off and pick-up operations; • Extension of the existing access drive to the Arts&Gymnasium building on the northern side of the campus to the east toward the main entrance and to the west to connect to the adjacent middle school; • Re-work the Children House and Art&Gymnasium parking lot layouts on the northern side of campus to accommodate parking in addition to pick-up/drop-off circulation; • Remove the existing parking facilities immediately surrounding the former American Legion building, the current middle school, to install outdoor learning/play environment and an outdoor play court; • Construction of a new parking lot which accommodates pick-up/drop-off circulation for the middle school facilities; • Connection of the main campus access drive and middle school parking to Rt. 250 using the existing driveway connection for the former American Legion property. The existing commercial entrance on Route 250 will be modified to allow only right turn exiting movements; • Construction of an outdoor amphitheater. The amphitheater will be created through manipulation of grades to create earthen terraces between the existing ball field and the middle school building; • Re-locate/re-work existing stormwater management facilities and construct new stormwater management facilities as required to comply with County and State Code. The approved maximum enrollment of 300 students will remain unchanged. ANALYSIS OF THE SPECIAL USE PERMIT REQUEST Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors shall reasonably consider the following factors when reviewing and acting upon an application for a special use permit: No substantial detriment The proposed special use will not be a substantial detriment to adjacent lots. No substantial detriment is anticipated. The school is existing in its current location. Enhancements to the physical layout of the site is not anticipated to impact adjacent properties. There is no other change to the use on site with this Special Use Permit request. Character of district unchanged. The character of the district will not be changed by the proposed special use. The character of the district will not be changed by the proposed changes to the site layout, concept plan or SP conditions. Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter. The approved Special Use Permit will remain in harmony with the purpose and intent of this chapter with the proposed changes to the site layout, concept plan and conditions. SP201500011 —Montessori Community School Planning Commission: September 1, 2015 Page 3 ...with the uses permitted by right in the district The proposed changes will not prohibit or affect permitted uses of adjacent property. ...with the regulations provided in section 5 as applicable. There are no supplemental regulations in section 5 applicable to this use. ...and with the public health.safety and general welfare. Staff has identified no aspects of this proposal which is contrary to the general public health, safety, and welfare. Consistency with the Comprehensive Plan. The use wlll be consistent with the Comprehensive Plan. The Pantops Master Plan (PMP) recommends this site for Urban Density Residential and Urban Mixed Use. Urban Density Residential-Uses are intended for densities of 6.01 -34 residential units per acre with support uses and some non-residential uses. Urban Density Residential areas accommodate all dwelling types as well as institutional uses such as places of worship, public and private schools, and early childhood education centers including day care centers and preschools. Urban Density Residential areas accommodate small areas of non-residential land uses on the scale of Neighborhood Service, to serve residential uses. This may include corner stores, less than 4,000 square feet; live/work units above office and/or retail; small office buildings less than 20,000 square feet; and studios/cottage occupations. Urban Mixed Use-Uses allowed in this designation include retail, commercial services, office, and a mix of residential types with density of 6.01 -34 units/acre. The existing school and the proposed amendments to the site layout, conceptual plan and to the conditions remain consistent with the designations for these properties and to other such established uses in the immediate area as described in the PMP.As previously mentioned in this staff report, the applicant proposes revisions to address: parking, travelway circulation, outdoor"play and learn" areas, stormwater management concerns and minor changes to the special use permit conditions. Due to extent of existing development on site, the scale of the proposed changes, and unique location } and site characteristics(site topography and relationship to adjacent properties and road frontages), a full analysis of the neighborhood model principles is not provided. In general, the principles of the Neighborhood Model Principles have been addressed to the extent that the site characteristics permit. Site planning that respects terrain will need to be carefully managed on this site as there are a few relatively small areas on the plan that show disturbance to managed critical slopes and existing wooded areas due in part to the construction of sections of the proposed travel way and SWM/BMP. The applicant has indicated mitigation of these disturbances with a grading plan and installation of native landscaping. Since the slopes shown are managed, staff does not anticipate problems with the minimal disturbance shown. This site is located in the Entrance Corridor and the proposal has been reviewed by the ARB staff and there are no objections to the proposal. The existing Special Use Permit conditions are also being modified to; 1) make a technical change to SP201500011 -Montessori Community School Planning Commission:September 1, 2015 Page 4 language of the maximum enrollment condition(no change to the maximum enrollment number); 2) reference the proposed application plan; and, 3)modify the time period for commencement of construction before expiration of the Special Use Permit from 2 years to 3 years. SUMMARY: Staff has identified factors which are favorable to this proposal and has identified no unfavorable factors: Factors favorable to this request include: 1. There are no anticipated detrimental impacts to the use or on adjacent property resulting from the proposed revisions to the special use permit and conditions. 2. The proposed revisions will provide a more cohesive physical layout of the site that will enhance vehicular and pedestrian connections. Factors unfavorable to this request include: 1. No Unfavorable factors. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of SP 2015-00011, Montessori Community School with the following conditions (blackline): 1. Maxi mum-e Enrollment shall not exceed be three hundred (300)students; 2. Development of the use shall be in general accord with the"Mountaintop Montessori School, Sheet 2. entitled Master Plan", prepared by Water Street Studio, dated February 17. 2015, revised June 15, 2015, -. - _ - - - - - • - - • - - - _ _ - - _ - _" - _ __ _ - •' _ : _ • -'- -, _ ' - - .. , as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the plan, development shall reflect the general size, arrangement, and location of pFepesed B buildings , the Amphitheatre, playgrounds and ball fields, wooded natural area, and parking areas. Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance; and 3. Construction of'e.g.,for example"building identified as the New Upper Elementary&Laboratory Space shown on"1 the"Master Plan" referenced in Condition 2 above shall commence by three (3)years from the Board of Supervisors approval date or this special use permit shall expire. Conditions (Clean copy): 1. Enrollment shall not exceed three hundred (300)students; 2. Development of the use shall be in general accord with the"Mountaintop Montessori School, Sheet 2, entitled Master Plan", prepared by Water Street Studio, dated February 17, 2015, revised June 15, 2015, as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the plan, development shall reflect the general size, arrangement, and location of buildings, the Amphitheatre, playgrounds and ball fields, wooded natural area, and parking areas. Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance; and 3. Construction of[e.g., for example"building identified as the New Upper Elementary& Laboratory Space shown on"J the"Master Plan" referenced in Condition 2 above shall commence by three (3) years from the Board of Supervisors approval date or this special use permit shall expire. SP201500011 —Montessori Community School Planning Commission: September 1,2015 Page 5 Motions: Special Use Permit A. Should the Planning Commission choose to recommend approval of this special use permit: I move to recommend approval of SP 201500011 Montessori Community School with the conditions outlined in the staff report. B. Should the Planning Commission choose to recommend denial of this special use permit: I move to recommend denial of SP 201500011 Montessori Community School with reasons for denial. ATTACHMENTS Attachment A—Location Map Attachment B—Mountaintop Montessori School, Sheet 2, entitled Master Plan, prepared by Water Street Studio, dated February 17, 2015, revised June 15, 2015 SP201500011 —Montessori Community School Planning Commission: September 1, 2015 Page 6 . , Attachment A - • ....... ......A. - - , '' 20R-15- rA. s'",,,,, i SP0;11 - - , .,. . .,. ., ....-,-,..,,,,Av.., -4.• Montessori Community School --' ---. 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P1 ♦ �� //i///i i / ! i ii ,•a _ 0.-\\ -:-?-4//,',---31 'NI • : >� ��c�1�L77 yc� // Mfr 1 ! 1! ,.\\\,,',‘,„\;.;\ -11 •llrLG-a r -_, -. li /I,; 11 1 \\ I9' a fgt1 II 1 .Ire 110 /.iliki __it.-- ,�, > 9 I_ iso s 1 °I.—o $'14, • , r, ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SP2014-00002, Montessori Staff: Claudette Grant, Senior Planner Community School Planning Commission Public Hearing: June 16, Board of Supervisors Hearing: To be determined. 2015 Owner(s): The Montessori Community School of Applicant(s): Montessori Community School of Charlottesville Charlottesville represented by Eugene Ryang Acreage: 6.72 acres. Special Use Permit for: Educational School under Section 23.2.2(6) of Zoning Ordinance. TMP: 078000000012A0 By-right use: CO, Commercial Office-allows Location: 440 Pinnacle Place offices, supporting commercial and service; (See Attachment A) residential by special use permit(15 units/acre). Magisterial District: Rivanna Conditions: Yes Proposal: Request to amend special use DA (Development Area): Neighborhood 3 permit conditions to eliminate the requirement for fencing on a portion of the site. Requested#of Dwelling Units/Lots: N/A Comp. Plan Designation: Urban Density Residential -residential (6.01-34 units/acre) and supporting uses such as religious institutions, schools, commercial, office and service uses. Character of Property: The subject property has Use of Surrounding Properties: The area is the existing school, associated parking, and surrounded by a mix of commercial and residential outdoor fields. uses. Factors Favorable: Factors Unfavorable: 1. There are no anticipated detrimental 1. None impacts to the use or on adjacent property, resulting from the proposed revisions to the special use permit conditions. Recommendation: Based on the findings contained in this staff report, staff recommends approval of SP 2014-00002, Montessori Community School with conditions. SP201400002—Montessori Community School Planning Commission: June 16, 2015 Page 1 STAFF CONTACT: Claudette Grant, Senior Planner PLANNING COMMISSION: June 16, 2015 BOARD OF SUPERVISORS: TBD PETITION: PROJECT: SP201400002 Montessori Community School of Charlottesville MAGISTERIAL DISTRICT: Rivanna TAX MAP/PARCEL: 078000000012A0 LOCATION:440 Pinnacle Place PROPOSAL: Amend special use permit conditions to eliminate the requirement for fencing on a portion of the site PETITION: Educational School on 6.72 acres under Section 23.2.2(6) of Zoning Ordinance. No dwelling units proposed ZONING CATEGORY/GENERAL USAGE: CO, Commercial Office which allows offices, supporting commercial and service; residential by special use permit(15 units/acre); school of special instruction under Section 23.2.2(6) ENTRANCE CORRIDOR: Yes MANAGED STEEP SLOPES: Yes COMPREHENSIVE PLAN LAND USE/DENSITY: Urban Density Residential -residential (6.01-34 units/acre)and supporting uses such as religious institutions, schools, commercial, office and service uses in Neighborhood 3 (Pantops) Development Area CHARACTER OF THE AREA: This site is developed with a school campus on it. The immediate surrounding area is combined with a mix of commercial and residential uses. The North Pantops Townhouses are located adjacent to the north and east of the subject property.The Rite Aid Pharmacy is also located adjacent to the east of the subject site. Immediately to the west is the former American Legion site, which is now part of the Montessori campus. The Carmax Superstore is also located to the west and to the south, across U.S. Route 250, are a variety of commercial uses along with the Rivanna Ridge\Giant Shopping Center inclusive of the Giant grocery store. PLANNING AND ZONING HISTORY: • The Montessori Community School located at the Pantops Mountain site in 1991. • ZMA 82-03 rezoned the property from R-15 to CO zoning district and included proffers. • ZMA 95-12 and SP 95-22 eliminated the previous proffers and permitted up to 120 students at the school. On May 12, 1999 SP 99-04 was approved to allow expansion of the school with 9 modular buildings, multi-purpose building, an increase of 25 additional parking spaces and an increased enrollment up to 300 students and additional grade levels. • SP2006-38 was an approved amendment to allow-for replacement of modular trailers with permanent buildings for 40,700 square feet of total building area. • SP2009-01 was approved to extend the approval of SP2006-38. DETAILS OF THE PROPOSAL: The applicant is requesting to amend the special use permit conditions 3 and 4 from SP2009-00001. Condition 3 requires the installation of fencing around a central lawn and play area which was previously to be located near a steep drop in grade on the site near Rt. 250 and Rolkin Road. That play area has now been moved to another location on the site and a new building is being constructed in that area. This change in location eliminates the need for the fence around this play area. Without the removal of Condition 3, a fence has to be provided. The applicant does not wish to construct a fence that is no longer needed. SP201400002—Montessori Community School Planning Commission: June 16,2015 Page 2 Condition 4 requires an existing old chain link fence located on the site at the time of the SP approval be replaced with another fence that satisfies the requirements of the ARB. SDP2014-32 is an approved site plan for the property that is currently under construction. This site plan approved the demolition of the chain link fence. In its review of the site plan, the Architectural Review Board staff determined that removal of fences from any phase of the proposed development is not expected to have an impact on the Entrance Corridor and replacement fencing was not needed for entrance corridor protection purposes. Condition 4 is proposed to be eliminated because the existing chain link fence is no longer in place and there is no need for replacement fencing to be installed. ANALYSIS OF THE SPECIAL USE PERMIT REQUEST Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors shall reasonably consider the following factors when reviewing and acting upon an application for a special use permit: No substantial detriment The proposed special use will not be a substantial detriment to adiacent lots. No substantial detriment is anticipated. The elimination of the fences on this site is not anticipated to impact adjacent properties. There is no other change to the use on site with this Special Use Permit request. Character of district unchanged. The character of the district will not be changed by the proposed special use. The character of the district will not be changed by the proposed changes to the SP conditions. Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter. The approved Special Use Permit will remain in harmony with the purpose and intent of this chapter with the proposed changes to the conditions. ...with the uses permitted by right in the district The proposed changes will not prohibit or affect permitted uses of adjacent property. ...with the reaul4tions provided in section 5 as applicable, There are no supplemental regulations in section 5 applicable to this use. ...and with the public health. safety and general welfare. Staff has identified no aspects of this proposal which is contrary to the general public health, safety, and welfare. Consistency with the Comprehensive Plan. The use will be consistent with the Comprehensive Plan. The use and the proposed changes to the conditions will remain consistent with the Comprehensive Plan. SP201400002—Montessori Community School Planning Commission:June 16, 2015 Page 3 • SUMMARY: The proposed changes to the Special Permit conditions are focused solely on the elimination of conditions requiring the installation of fencing which is no longer necessary due to site modifications. Staff has identified factors which are favorable to this proposal and has identified no unfavorable factors: Factors favorable to this request include: 1. There are no anticipated detrimental impacts to the use or on adjacent property resulting from the proposed revisions to the special use permit conditions. Factors unfavorable to this request include: 1. No Unfavorable factors. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of SP 2014-00002 Montessori Community School with the following conditions: 1. Maximum enrollment shall be three hundred (300) students; 2. Development of the use shall be in conformitygeneral accord with the "Montessori Pantops Mountain Community School Sheets SP01-SP-03",prepared by Neal R. Deputy,Architecture& Master Planning, last revised January 16,2007,as determined by the Director of Planning and the Zoning Administrator.To be in conformity general accord with the plan, development shall reflect the general size, arrangement, and location of proposed Buildings A, B, C, D, and E, Central Lawn,Amphitheatre, playgrounds and ball fields,wooded natural area, and parking areas. Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance; • • and 5. Construction of proposed buildings as shown on the concept plan shall commence on or before March 11, 2015 or this special use permit shall expire. SP201400002—Montessori Community School Planning Commission: June 16, 2015 Page 4 Motions: Special Use Permit A. Should the Planning Commission choose to recommend approval of this special use permit: I move to recommend approval of SP 201400002 Montessori Community School with the conditions outlined in the staff report. B. Should the Planning Commission choose to recommend denial of this special use permit: C. I move to recommend denial of SP 201400002 Montessori Community School with reasons for denial. ATTACHMENTS Attachment A—Location Map SP201400002—Montessori Community School Planning Commission:June 16, 2015 Page 5 NENEMOk 0 e e .` of A Apippwr",• �IRGIN�P ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Proposal: SP201400005 Regents School of Staff:Christopher P.Perez,Senior Planner 2harlottesville Planning Commission Public Hearing: Board of Supervisors Hearing: June 3,2014 TBD Owner:Christian Aid Mission(CAM) Applicant: Regents School of Charlottesville(RSC) Acreage: 12.5 acre parcel, SP to cover approximately TMP: 05900-00-00-023G1 4 acres of the site. Location:3045 Ivy Road Charlottesville VA Zoning: CO Commercial Office—offices,supporting commercial and service;residential by special use permit(15 units/acre) Magisterial District: Samuel Miller Conditions:Yes EC:Yes Proposal:Amendment to Special Use Permit Requested#of Dwelling Units: 0 (SP2013-10)for School of Special Instruction to increase the number persons(students and teachers) permitted at the site from the current 96 persons permitted onsite under the existing Special Use Permit to 115 students for the 2014-2015 school year and to 130 students for the 2015-2016 school year.Utilize existing structure,no additional buildings proposed. School of Special Instruction (Chapter 18 Section 23.2.2(6)) DA: RA: X Comp.Plan Designation:Rural Area 1 -Rural Areas —preserve and protect agricultural,forestal,open space,and natural,historic and scenic resources/ density(0.5 unit/acre in development lots) Character of Property:The property is developed Use of Surrounding Properties: Surrounding with four existing buildings and related parking. properties are commercial uses,and single family (Attachment A) residential uses. Factors Favorable: Factors Unfavorable: 1. Provides an alternative school option for 1. Increased persons at the facility would create people who live and work in the area. unsafe access conditions due to excessive delay times exiting the property in the morning hours. 2. The use is located in an existing An acceptable alternative access strategy is underutilized building,with adequate needed to remedy the safety concerns with existing parking,and an existing septic ingress and egress to the site. system approved for up to 161 persons.No 2. It is debatable as to whether the proposed new structures are being built. increase in enrollment would constitute a small- scale use as recommended in the Rural Areas Chapter of the Comprehensive Plan. RECOMMENDATION: Staff does not recommend approval of the request as proposed,and only recommends approval of SP201400005,Regents School of Charlottesville under the following modifications to the existing conditions from SP201300010. SP20140005—Regents School of Charlottesville(RSC) Planning Commission:June 3,2014 1 STAFF PERSON: Christopher P.Perez, Senior Planner PLANNING COMMISSION: June 3,2014 BOARD OF SUPERVISORS: TBD PETITION: PROJECT: SP201400005 Regents School of Charlottesville(RSC) MAGISTERIAL DISTRICT: Samuel Miller TAX MAP/PARCEL: 05900-00-00-023G1 LOCATION: 3045 Ivy Road Charlottesville VA PROPOSED: Amendment to Special Use Permit(SP2013-10)for School of Special Instruction to increase the number persons(students and teachers)permitted at the site from the current 96 persons permitted onsite under the existing Special Use Permit to 115 students for the 2014-2015 school year and to 130 students for the 2015-2016 school year. Utilize existing structure,no additional buildings proposed. School of Special Instruction(Chapter 18 Section 23.2.2(6)) ZONING CATEGORY/GENERAL USAGE: CO Commercial Office—offices,supporting commercial and service;residential by special use permit(15 units/acre) ENTRANCE CORRIDOR: Yes COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Area 1 -Rural Areas—preserve and protect agricultural,forestal,open space,and natural,historic and scenic resources/density(0.5 unit/acre in development lots). CHARACTER OF SURROUNDING AREA: The subject property is located at 3045 Ivy Road. The surrounding area is primarily developed with commercial uses,and single family residential uses.North of the property are railroad tracks that run behind the property and separate the adjacent residential development of Farmington Subdivision and Flordon Subdivision from the subject property. To the East are two commercially zoned properties.To the South is Route 250, Ivy Road. To the West is Broomley Rd which serves Farmington Subdivision and Flordon Subdivision.Across Broomley Road is another commercially zoned property. PLANNING AND ZONING HISTORY: SDP1979 Christian Aid Mission Site Plan—site plan for Fellowship Hall,Annex,and Guest House. SDP1988-094 Christian Aid Mission Major Site Plan Amendment—site plan for Guest House Relocation and Garage addition,and deceleration lane/entrance upgrades. SDP1992-052 Christian Aid Mission Administration Building Major Site Plan Amendment—site plan for the Administration Building.Building was built in 1995. SP201200012 Regents School of Charlottesville—Special Use Permit for a school of special instruction in an existing building,with limits of 60 students and 9 staff. SP201300010 Regents School of Charlottesville—Special Use Permit to allow a school of Special Instruction to increase the number of persons(students and teachers)permitted at the site from the current 69 allowed under SP201200012,to increase by 27 persons for a total of 96 persons permitted onsite. DETAILS OF THE PROPOSAL: The property is zoned CO-Commercial Office.The Christian Aid Mission(CAM) complex is comprised of four buildings and associated parking on 12.5 acres.Three(3)of the buildings in the complex are utilized by CAM. The fourth building,the old Christian Aid Mission's Administration Building,is the only building used by the Regents School of Charlottesville(RSC). The building is two stories with a basement.The 1St floor has 3,900 square feet(6 classrooms+ 1 large multipurpose room and 5 restrooms),the 2nd floor has 3,900 square feet(7 classrooms and 3 restrooms), and the basement has 3,500 square feet (3 classrooms+ 1 large multipurpose room and 2 restrooms). The CAM complex currently has 54 parking spaces available;of those RSC currently utilizes areas P 1,P2,P3 as depicted on the approved concept plan,for a total of 15 spaces.To accommodate an increase of persons at the site for a total of 150 persons(students and teachers),an additional 15 parking spaces are proposed for use by RSC,increasing the total parking needs of the school to 30 parking spaces total(1 car per 10 students, 1 space per teacher/administrator).The additional spaces for the increase in enrollment already existing onsite in areas P6 and P7 (Attachment A)and are to be utilized by the facility.Also,the applicant has proposed a vehicle drop off and pickup route onsite(Attachment A). SP20140005—Regents School of Charlottesville(RSC) Planning Commission:June 3,2014 2 ANALYSIS OF THE SPECIAL USE PERMIT REQUEST: Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors shall reasonably consider the following factors when reviewing and acting upon an application for a special use permit: No substantial detriment The proposed use will not be a substantial detriment to adjacent lots. The outdoor activities of the school do not impact residential properties given the distance of the school from neighboring residences and the separation provided by the heavily wooded buffers which surround the property. Planning staff has visited the site numerous times and is comfortable with the natural barriers which exist between the school and the train tracks and feel that they adequately prohibit access and aid in keeping the students onsite. The school shall continue to utilize an existing building,existing parking,and an existing septic system for up to 161 persons;however,the increase in enrollment shall require access improvements to accommodate the increase in enrollment(see below for the"Harmony"section of the report for a complete explanation).An increase in enrollment appears to necessitate an entrance on Broomley Road and the closing of the existing entrance on Rte 250. Thus the site's existing and proposed traffic will be consolidated on Broomley Road. The design of the proposed entrance and it's affect on Broomley Road have not been studied at this time(Attachment B,Access Strategy#5). Character of district unchanged The character of the district will not be changed by the proposed special use. The school has operated in the current location for 2 school years and no new construction is proposed as the use will occupy interior space within the existing building. An entrance on Broomley Road to accommodate increased traffic would not affect the character of the district. Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter with the uses permitted by rifht in the district with the regulations provided in section 5 as applicable, and with the public health,safety and general welfare. The only staff concern to accommodate the increase in student enrollment is with the existing entrance and whether or not is can safely accommodate the proposed increase. Upon review of the request to increase enrollment at the school,a Threshold Analysis/traffic study was requested by VDOT and the County Engineer to assess traffic impacts at the site.The Threshold Analysis,performed by the applicants' Traffic Engineer,Bill Wuensch,assessed the existing traffic conditions onsite and modeled the requested increase in enrollment to determine potential traffic impacts at the site.The study documented that the majority of users of the facility make a left turn out of the site towards Charlottesville during the morning(for student drop off). Based on findings in the study,Mr. Wuensch suggests a limit of 115 students maximum be permitted onsite, based on an outbound delay from the entrance of 489.2 second delay(8 minutes and 9 second)on average per vehicle in the morning. The study made note that this finding was"subjective."The County Engineer,Glenn Brooks,disagrees with the assumptions made in the study;rather,Mr. Brooks noted that the acceptable industry standard specified by the Highway Capacity Manual is already surpassed by the existing student enrollment at the site(83 students and 13 teachers). The study suggests that currently each vehicle is experiencing a 252.2 second delay(4 min and 12 second)on average leaving the site in the morning.The Highway Capacity Manual categorizes a level of service(LOS')F,for an unsignalized intersection,as anything over 50 second delay.As the Threshold Analysis states and the County Engineer acknowledges"Excessive side street delays often result in vehicles taking chances when entering onto the mainline."The County Engineer recommends that an entrance to Broomley Road be considered in order to increase the enrollment at the site. VDOT,upon review of the study,had no objections to the increase in enrollment because the study concluded the increase in enrollment will not impact the intersection of Broomley Road and Rte 250,or the flow of traffic on Rte 250.VDOT acknowledges the delay times provided in the study,but finds that these delays are internal to the site and will not impact traffic on Rte 250,thus they have no objection;rather,are leaving it up to the County and the applicant to determine an acceptable delay for traffic leaving the site. The Threshold Analysis also analyzed alternative numbers of persons onsite and calculated their estimated delay times to exit the site in the morning. For 105 persons an estimated 404 second delay(6 minutes and 44 second)on 'Highway Capacity Manual defines Level of Service(LOS)as a quality measurement of traffic flow in terms of speed and travel time,freedom to maneuver,comfort and convenience.There are six LOS designations,represented by the letters A through F,with LOS A representing the best operating conditions and LOS F the worst. SP20140005—Regents School of Charlottesville(RSC) Planning Commission:June 3,2014 3 average per vehicle,for 90 persons an estimated 307.1 second delay(5 minutes and 7 second)on average per vehicle. Upon request of the applicant,Mr. Wuensch provided an addendum to the report,dated April 23,2014,based on additional field observations.The addendum discusses current conditions exiting at the site,in which left turning traffic utilizes the hatched median between the eastbound and westbound lanes of Rte 250 to make a two stage entry onto Rte 250(Attachment D). The original modeling effort did not consider this since the hatched pavement is not truly marked as a two way left turn lane.When the analysis was recalculated to utilize a two way left turn lane the delay for the southbound(school egress)left dropped to 30.1 seconds of delay per vehicle. While the traffic study addendum indicates better existing delays exiting at the site and revises projected delays,the addendum is predicated on using the existing hatched pavement for left turns onto Rt. 250 towards Charlottesville.The County Engineer accepted this if VDOT would approve this painted area as a vehicle refuge, similar to a large median on a divided road,for up to a 25%increase in enrollment,for a total of 104 students2. Per onsite review of the proposal,VDOT was unable to support the use of the median,as the median is not large enough to act as a middle lane for left turns onto Rte 250. In order to accommodate the middle lane,Rte 250 would need to be widened and restriped. The applicant feels that widening Rte 250 for a condition of 104 students is not in the best interest of the school due to the cost of the improvement,and would rather pursue the Broomley Road entrance for a larger enrollment cap. Based on findings in the traffic analysis,staff feels that increased enrollment at the facility would cause further unsafe turning movements due to excessive delay times exiting the property in the morning hours. Therefore,staff does not support an increase in enrollment until an acceptable alternative access strategy is provided to remedy the safety concerns with ingress and egress to the site.With the applicants' request they have proposed a number of alternative access strategies and staff has addressed each(Attachment B), and finds that the only potentially viable solution to accommodate the increased enrollment is the Broomley Road entrance.The access strategy would direct all site generated traffic to a signalized intersection on Broomley Road.Further study would be needed by the applicant and their traffic engineer to determine if a new entrance on Broomley Road could accommodate the proposed increase in enrollment,address delay times onsite,and not cause additional traffic problems. Staff provides additional information about the proposed strategy and what all should be considered with the proposal in Attachment B,Access Strategy #5. With the applicants request they have also requested to separate the number of students and staff from their maximum permitted persons onsite.The applicant requests 115 students and 20 staff members for the upcoming school year(2014-2015)and 130 students and 20 staff members for the 2015-2016 school year based on the arrival and departure time differences for teachers and students,reasoning that the impacts will not be as severe as the traffic study indicates. Staff findings: The traffic study relies on 83 students enrolled at the school for current conditions,and 13 teachers/administrative staff could be present on any day under the current conditions of approval which limit the site to 96 people. Staff finds that based on the County Engineer's position that the site is already over its acceptable limit,it is not appropriate to split students and teacher up at this juncture,unless the Broomley Road strategy is pursued,at which time staff could support students and teachers being split. Consistency with the Comprehensive Plan. This site,while in the Rural Area,is located along a section of Route 250 which consists of old commercial development and commercial and industrial zoned property which dates back to the 1960's prior to Comprehensive Planning in the County. The Land Use Plan designates this area as Rural Area(Rural Area 1). The land uses supported by the Rural Areas chapter of the Comprehensive Plan include agriculture,forestry,and conservation.This chapter also outlines the vision and goals for the Rural Areas,and recommends that land uses be small-scale and consistent with traditional rural scales. As stated in the chapter, "Ensure that the scale and scope of any new use is consistent with the existing infrastructure and character of a Crossroads Community...without any requirement for upgrade or expansion of infrastructure". It is debatable as to whether the proposed increase in enrollment for the school of special instruction would constitute a small-scale use with the issues discussed in this staff report.The school would continue to utilize an existing building,existing 2 The 25%increase in enrollment was recommended by the addendum to the traffic study.Current enrollment is 83 students;a 25%increase is 21 additional students, for a total of 104 students. SP20140005—Regents School of Charlottesville(RSC) Planning Commission:June 3,2014 4 parking,and an existing septic system;however,the increase in enrollment may require upgrades to the entrance, unless acceptable alternative access strategies are provided to accommodate the increase in enrollment without an entrance off Broomley Road. SUMMARY: Staff finds the following factors favorable to this request: 1. Provides an alternative school option for people who live and work in the area. 2. The use is located in an existing underutilized building,with adequate existing parking,and an existing septic system approved for up to 161 persons.No new structures are being built. Staff finds the following factor(s)unfavorable to this request: 1. Increased persons at the facility would create unsafe access conditions due to excessive delay times exiting the property in the morning hours.An acceptable alternative access strategy is needed to remedy the safety concerns with ingress and egress to the site. 2. It is debatable as to whether the proposed increase in enrollment would constitute a small-scale use as recommended in the Rural Areas Chapter of the Comprehensive Plan. RECOMMENDED ACTION: Staff does not recommend approval of the request as proposed,and only recommends approval of SP201400005, Regents School of Charlottesville under the following modifications to the existing conditions from SP201300010: 1. The school is limited to the existing administrative building and grounds, as shown on the concept plan (Attachment A). All parking for the facility shall be located in areas designated on the concept plan as P1, P2, P3, P6, and P7. Any additional buildings or other site changes beyond those shown on the approved site plan for SDP1992-052 titled "Christian Aid Mission Administration Building" prepared by William W. Finley and date approved July 14, 1994 require an amendment to this Special Use Permit. If an entrance to the school from Broomley Road is pursued by the applicant,the final site plan on which the Broomley Road entrance is approved shall supersede the approved site plan for SDP 1992-052 without requiring an amendment to this Special Use Permit. 2. If the entrance to the school is from Rte 250, the maximum number of students and school personnel shall not exceed ninety-six(96). 3. If the entrance to the school is from Broomley Road,maximum enrollment shall be one hundred thirty(130) students. 4. If the entrance to the school is from Broomlev Road,the permittee shall design and construct a vehicle entrance onto the site from Broomley Road according to all applicable VDOT design and construction standards and all other VDOT requirements. 5. All students shall be over the age of two and one-half(2 %)years old. 6. The hours of operation for the school shall be between 7:45 a.m. and 4:00 p.m., except that occasional school- related events may occur after 4:00 p.m. 7. No food preparation is permitted onsite without an amendment to this Special Use Permit to authorize onsite food preparation. 8. The permittee shall obtain an annual fire inspection from the County fire marshal. MOTION: A. Should the Planning Commission choose to recommend approval of this special use permit: Move to recommend approval of SP201400005,Regents School of Charlottesville,with conditions as stated in the staff report. B. Should the Planning Commission choose to recommend denial of this special use permit: Move to recommend denial of SP2014000005,Regents School of Charlottesville.Should a commissioner motion to recommend denial, he or she should state the reason(s)for recommending denial. SP20140005—Regents School of Charlottesville(RSC) Planning Commission:June 3,2014 5 ATTACHMENTS Attachment A—Survey 1/Concept Plan Attachment B—Alternative Access Strategies Attachment C—Critical Slopes on the property Attachment D-Rte 250 and Site Entrance SP20140005—Regents School of Charlottesville(RSC) Planning Commission:June 3,2014 6 STANDARD CONDITIONS FOR CERTAIN FREQUENT SPECIAL USE PERMITS Index A. Guidelines for all Conditions B. Standard Language: Not Use-Specific 1. Extension of Time to Commence Use (under SP) 2. Hours/Days of Operation 3. Tree protection on any SP regardless of use C. Condition for lighting in all rural area special uses D. Condition for conformity with a plan (revised 3/28/11) E. Condition for Health Department Approval F. Religious Institutions (RLUIPA) G. Day Care H. Private School I. Floodplain Crossing J. Outdoor Sales and Display K. Drive-In Windows L. Home Occupation Class B M. Boat Dock in Reservoir A. Guidelines for all Conditions: 1. Conditions should be written in complete sentences. 2. SP conditions should not restate or reference any regulations/procedures which would already apply to the project/use under normal application of the ordinance(s) (ex: "exterior lighting shall be shielded..."). Any comments intended to put applicant on notice of regulations/processes, etc. should be placed in the text of the Board of Supervisors' Action Letter. 3. Conditions should be stated as specifically as possible, and also identify who must perform the condition, when the condition must be performed and complete and, if applicable, how the condition is to be performed. 4. The words in conditions should be carefully used. For example, if the condition requires the permittee to do something, the condition should be stated as "shall", not"should"or"may". If the condition requires that Engineering"approve" a plan, the condition should state that, "the plan shall be approved by the County Engineer or his designee,"rather than stating that the permittee "shall submit a plan." 5. Conditions should be sufficiently clear and comprehensive as to be easily understandable to those not familiar with the application. Conditions must be reviewed by those agencies and Page 1 of 11 Last revised 4-27-11 departments that are responsible for the enforcement of the conditions, including but not limited to Current Development and Zoning. 6. Plans which reflect the plan of development for the project should be identified by title, preparer, and last revision date. The items on the plan to which a commitment is required should be clearly identified in the conditions. A copy of the plan should be attached to the action letter. 7. Proposed conditions with a questionable nexus to an impact resulting from the use applied for should be reviewed with the County Attorney. The staff report should explain the nexus. 8. For conditions that relate to resolving a zoning violation or other violation of the County Codes, a timeline which is sooner than the full ordinance timeline should be established for compliance. The Department or Division responsible for ensuring resolution of the violation must review the conditions prior to final conditions being established. 9. Condition requirements should be easily observable or,if there is no other alternative, they should be considered self-enforcing. 10. Prior special permit conditions that will be carried forward in conditions for a new approval should be completely restated,not referenced, in the new set of conditions. The wording on these conditions should be reviewed to see if it needs to be "updated". 11. Supplementary regulations and performance standards applicable to SP should be attached to the Board of Supervisors' action letter. 12. The best way to assure that the"tree protection area" is preserved is to require that"tree protection"measures be required on the erosion& sediment control plan in accordance with the Virginia Erosion and Sediment Control Handbook and that the"tree protection"measures be installed prior to any land disturbing activity. 13. Consider whether additional time is needed for the establishment of a use. Sometimes 2 years is not sufficient time because of the need to "fund raise" or peculiarities in a site such as extension of a sewer line. The following pages contain standard conditions which should be used for certain types of special permits which are frequently submitted for review. The standard conditions may need to be modified on occasion to meet to meet unique circumstances related to the proposal, but the intent is to use the consistent form as much as possible. Additional conditions may also be necessary on occasion depending on the circumstances of that particular case. 2 Page 2 of 11 Last revised 4-27-11 B Standard Language: Not Use-Specific: 1. Condition Extending Time to Commence Under a Special Use Permit Option 1: The lawful physical construction of any structure shown on the Conceptual Plan referenced in Condition 1 above shall commence by [e.g., September 1, 2014] or this special use permit shall expire. Option 2 (alternative language that closely matches the language in County Code § 18- 31.6.4): If the use, structure or activity authorized by this special use permit does not commence by [e.g., September 1, 2014], the special use permit shall be deemed abandoned and the authority granted hereunder shall terminate. In the case of SP proposing physical construction under a Conceptual Plan add: For the purposes of this condition, the term"commenced" means starting the lawful physical construction of any structure shown on the Conceptual Plan referenced in Condition 1 above, and this construction shall commence by [e.g., September 1, 2014]. 2. Condition which may be appropriate for any use where the hours and days of operation are needed to be established: 1. The hours of operation for the shall not begin earlier than A.M. and shall end not later than P.M., each day,Monday through Friday. Modify the days if needed. 3. Tree protection on any SP regardless of use What the conditions should cover: • The objective is to get the area shown on the plans that will be seen by the people who are doing the grading and the landscaping. (Also to make sure the current development planner who will review the site plan coordinates both of these with utilities, etc. Then to get the plan to say the areas to be protected must be marked ON THE GROUND.) • We want to be certain that no one has any excuse for disturbing these areas. It really has to be clear to lots of different people of lots of different backgrounds, educational levels and reasons to be looking at the plans. • The best way to assure that the "tree protection area" is preserved is to require that"tree protection"measures be required on the erosion & sediment control plan in accordance with the Virginia Erosion and Sediment Control Handbook and that the "tree protection" measures be installed prior to any land disturbing activity. • If the area is subject to EC, you may substitute section 30.6.4.2(d) of the Zoning Ordinance for the site plan section(32.7.9.4) 3 Page 3 of 11 Last revised 4-27-11 Standard Condition: 1. No tree removal, grading, or disturbance shall take place within the driplines of the trees. The applicant shall have the dripline of the trees surveyed and shall mark the dripline in the field with temporary fencing. Any grading or disturbance within ten(10) feet of any dripline shall necessitate submittal of a "Tree Protection Plan" in accord with section 32.7.9.4 of the Zoning Ordinance. No grading or disturbance within ten(10) feet of any dripline shall be permitted until a)the survey and fencing have been completed and b)the Planning Director approves a plan which shows the grading or disturbance and the surveyed dripline of the existing trees. C. Condition for lighting in all rural area special uses: 1. All outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all abutting properties. A lighting plan limiting light levels at all property lines to no greater than 0.3 foot candles shall be submitted to the Zoning Administrator or their designee for approval. D. Condition for conformity with a plan: (revised 3/28/11) 1. Development and use shall be in general accord with the conceptual plan titled"Special Use Permit "prepared by and dated (hereafter"Conceptual Plan"), as determined by the Director of Planning and the Zoning Administrator. To be in accord with the Conceptual Plan, development and use shall reflect the following major elements within the development essential to the design of the development, as shown on the Conceptual Plan: [choose appropriate items from this list or add your own items.] • limits of disturbance • building orientation • building mass, shape, and height • location of buildings and structures • location of parking areas • relation of buildings and parking to the street • environmental features (name them) Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. E. Condition for Health Department Approval Compliance with the Virginia State Department of Health regarding water supply shall be verified by the Health Department prior to issuance of a zoning compliance clearing and the commencement of the special use. The VDH shall re-review the status of water standards within one year of the date of the approval of the special use permit. At that time, and if necessary, systems shall be upgraded or enrolment reduced based on VDH recommendations. 4 Page 4 of 11 Last revised 4-27-11 F. Religious Institutions: What the conditions should cover: • Conformity with a plan, if a plan has been reviewed as part of the proposal. • Intensity of activity on-site(establish maximum area of assembly, or seating capacity of): • Limitation of any activities not part of review requiring additional SP (day care, private school) • Consider necessary conditions that insure safe public road access to the site(VDOT and Engineering Dept. approval). • Health Dept. approval of well and/or septic system (IF NECESSARY) • Setbacks and buffers. Commercial setbacks and buffers may be needed adjacent to residential properties because religious institutions are more commercial than residential in character. Application of commercial setbacks is dependent on each situation and should be reviewed on a case-by-case. Larger setbacks are generally required in the RA rather than in the DA. • For RA churches, conditions that insure that site will be developed in a character more consistent with the rural area. • Often SP requests are to address violations, conditions need to be applied which are consistent with Zoning Dept.'s requirements and schedule for addressing the violation, particularly as regards approval period for SP and the length of time provided for completing work. • Outdoor lighting, if in the Rural Areas Standard Conditions: 1. Conformity statement(see page 3) 2. The area of assembly shall be limited to a maximum XX-seat sanctuary(or maximum XX square feet). 3. Side and rear setbacks [shall be ] or [shall be commercial setback standards, as set forth in Section 21.7.2 of the Albemarle Zoning Ordinance], and shall be maintained adjacent to residential uses or residentially zoned properties 4. There shall be no day care center or private school on site without approval of a separate special use permit; 5. VDOT approval of... (commercial entrance[s] or other specific items requiring documentation— full frontage improvements, drainage, etc.) Engineering Dept. approval for ...[on-site road or private road access may also be needed]) 6. If in RA: Outdoor lighting(see page 3) 7. If using septic: Compliance with the Virginia State Department of Health(see page 3) Regulatory Context: This application is subject to the First Amendment's Establishment and Free Exercise Clauses and the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"). One key provision of RLUIPA states: 5 Page 5 of 11 Last revised 4-27-11 No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution – (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest. (italics added) 42 U.S.C. § 2000cc(a)(1). RLUIPA also requires that land use regulations: (1)treat a religious assembly or institution on equal terms with nonreligious assemblies and institutions; (2) not discriminate against any assembly or institution on the basis of religion or religious denomination; and (3) not totally exclude religious assemblies,or unreasonably limit religious assemblies, institutions or structures, from the locality. 42 U.S.C. § 2000cc(b). G. Day Care: What the conditions should cover: • Intensity of the activity on-site; -maximum enrollment; -hours of operation. • Require state licensure as a condition if required by the State(and note County and State Code relationship). [REQUIRED CONDITION IF OPERATION REQUIRES STATE LICENSURE] • Right of periodic fire official review of premises. • Consider necessary conditions that insure safe public road access to the site. (VDOT and/or Engineering Dept. approval) • Health Dept. approval of well and/or septic system (IF NECESSARY). • Often SP requests are to address violations, conditions need to be applied which are consistent with Zoning Dept.'s requirements and schedule for addressing the violation, particularly as regards approval period for SP and the length of time provided for completing work. • Setbacks and buffers. Commercial setbacks and buffers may be needed adjacent to residential properties because of potential conflicts with residential properties. Application of commercial setbacks is dependent on each situation and should be reviewed on a case-by-case. Larger setbacks are generally required in the RA rather than in the DA. • Hours of operation may need to be considered for unique circumstances Standard Conditions: 1. Conformity statement(see page 3) 2. The maximum number of children shall not exceed XX(XX) or the number of students as approved by the Health Department or the Department of Social Services, whichever is less; 3. Side and rear setbacks [shall be ] or [shall be commercial setback standards, as set forth in Section 21.7.2 of the Albemarle Zoning Ordinance], and shall be maintained adjacent to residential uses or residentially zoned properties 4. VDOT approval of... (commercial entrance[s] or other specific items requiring documentation— full frontage improvements, drainage, etc.) is required (when?). (Engineering Dept. approval for on-site road or private road access may also be needed; 6 Page 6 of 11 Last revised 4-27-11 5. If using septic system: Compliance with the Virginia State Department of Health (see page 3) 6. If in RA: Outdoor lighting(see page 3) 7. Hours of operation for the day care shall be between ... and .... , except that occasional day care- related events may occur after H. Private School: What the conditions should cover: • Intensity of the activity on-site: - maximum enrollment; - hours of operation(consider evening operations events and condition appropriately). Consider necessary conditions that insure safe public road access to the site(VDOT and/or Engineering Dept. approval). • Setbacks and buffers. Commercial setbacks and buffers may be needed adjacent to residential properties. Application of commercial setbacks is dependent on each situation and should be reviewed on a case-by-case. Deeper setbacks are generally required in the RA rather than in the DA. • Condition other public safety improvements (ex. fencing of hazardous areas). • Health Dept. approval of well and/or septic system (IF NECESSARY). • Often SP requests are to address violations, conditions need to be applied which are consistent with Zoning Dept.'s requirements and schedule for addressing the violation, particularly as regards approval period for SP and the length of time provided for completing work. • Hours of operation may need to be considered for unique circumstances. Standard Conditions: 1. Conformity statement (see page 3) 2. Maximum enrollment shall be XX students; 3. Hours of operation for the school shall be between X:XX a.m. to X:XX p.m. except that occasional school-related events may occur after X:XX p.m. 8. Side and rear setbacks [shall be ] or [shall be commercial setback standards, as set forth in Section 21.7.2 of the Albemarle Zoning Ordinance], and shall be maintained adjacent to residential uses or residentially zoned properties; 4. VDOT approval of... (commercial entrance[s] or other specific items requiring documentation— full frontage improvements, drainage, etc.) is required (when?). (Engineering Dept. approval for on-site road or private road access may also be needed; 5. If using septic: Compliance with the Virginia State Department of Health(see page 3) 6. If in RA: Outdoor lighting(see page 3) 7 Page 7 of 11 Last revised 4-27-11 I. Floodplain Crossing: What the conditions should cover: • Engineering issues primarily need to be addressed. Necessary plans and state and federal approvals need to be identified. • Land use issue to be addressed(which may or may not require conditions): - is the stream navigable (canoe/kayak); - is it designated a state or local (Moorman's) scenic stream/river or is otherwise significant; - is there a reasonable alternative on-site or adjacent to the property; - should access to the proposed crossing be provided for adjacent properties through conditions. This addresses the objective of limiting the impacts of crossings (individual and cumulative impacts)to streams , or due to other unique circumstances; - purpose of the crossing(building site, farm land(field/barn) access, etc) (These may generate certain types of conditions but no one standard could be established.) • Often SP requests are to address violations, conditions need to be applied which are consistent with Zoning Dept.'s requirements and schedule for addressing the violation, particularly as regards approval period for SP and the length of time provided for completing work. Standard Conditions: 1. Prior to (what condition?), the applicant must provide for approval by the County Engineer: a. an erosion and sediment control plan; b. proof of compliance with Federal and State agencies regulating activities affecting wetlands and watercourses; c. a mitigation plan outlining mitigation measures for encroachments into the stream buffer; d. computations and plans documenting changes to the floodplain. Computations must demonstrate compliance with Sections 30.3.2.2 [verification of limits of floodway and floodway fringe] and 30.3.3 [general requirements for flood hazard overlay districts] of the Zoning Ordinance. Plans must show the existing and proposed floodplain boundaries and elevations. e. structural plans, details, and computations; (FOR BRIDGES) 2. The landowner shall have the right to maintain, repair, and replace the bridge and floodplain crossing provided that the replacement, if any, shall be in substantial accord with the design of the original bridge and floodplain crossing unless modifications thereto are approved by the County Engineer. The County Engineer shall review all proposals for major repairs to or replacement of bridge/floodplain crossings. 3. The County shall have the right, after providing reasonable prior notice to the occupant, to enter the property during daylight hours for the purpose of inspecting this stream crossing in order to verify compliance with County regulation. 8 Page 8 of 11 Last revised 4-27-11 /J. Outdoor Sales and Display: What the conditions should cover: • Consistency with ARB Entrance Corridor Guidelines. • Will cover issues of concern identified by ARB and Design Planner. • Conditions will usually be based on specifics of each case • Sales and Displays reviews generally fall into 2 categories: 1) car dealerships; 2) "products" for sale(Wal-Mart, garden or building supply store) Standard Conditions(for car dealerships): 1. Conformity statement(see page 3) 2. Vehicles shall not be elevated anywhere on site. 3. Vehicles shall be displayed only in areas indicated for display shown on the site plan entitled "Stumpy Dave's Car Sales,"dated 2/30/0X; 4. The display area shall be landscaped with the following: (IF SPECIFIC LANDSCAPING IS RECOMMENDED). - Three X" caliper trees in the southeast portion of the property. - X" shrubs, X' on center, along the 104-foot-long grass area at the eastern end of the south side of the site. OR The display area shall be landscaped in general accord with the lansdscape plan entitled, "XX ,"prepared by XX , and dated 0/00/00. (for products): 1. Conformity statement (see page 3) 2. No additional luminaries shall be introduced to the site for the purpose of illuminating sales display area; 3. The display area shall be landscaped with the following: (IF SPECIFIC LANDSCAPING IS RECOMMENDED). - Three X" caliper trees in the southeast portion of the property. - X" shrubs, X' on center, along the 104-foot-long grass area at the eastern end of the south side of the site. OR The display area shall be landscaped in general accord with the landscape plan entitled, "XX ," prepared by XX , and dated 0/00/00. 4. Materials stored outdoors shall not be stacked higher than feet in height. K. Drive-In Windows: 9 Page 9 of 11 Last revised 4-27-11 What the conditions should cover: • The number of windows and/or ATM's approved. • If in EC, needs condition requiring ARB approval (Cert. Of Appropriateness.) • Location and site/circulation improvements may need to be required as part of SP conditions (case- by case situation (no one standard condition could be applied). Standard Conditions: 1. Conformity statement(see page 3) 2. Drive-in windows will be limited to XX(X); and 3. Timing and complete sentence 4. Architectural Review Board issuance of a Certificate of Appropriateness. (if necessary/in EC Overlay District) 5. Applicant is responsible for installation and maintenance of control devices such as by-pass lanes, signage, and pavement markings as indicated on the site plan amendment L. Home Occupation Class B: What the conditions should cover: • Compliance with supplementary regulation. Some of the supplementary regs. may require certain specific conditions be established regarding total floor area, location of use, character of the building being used for home occ.; extent of sales on-site (special events); etc... • Intensity of the activity on-site may need to be covered • Consider necessary conditions that insure safe public road access to the site. (VDOT and/or Engineering Dept. approval may be needed). • Health Dept. approval of well and/or septic system (If necessary). • Often SP requests are to address violations, conditions need to be applied which are consistent with Zoning Dept.'s requirements and schedule for addressing the violation, particularly as regards approval period for SP and the length of time provided for completing work. Standard Conditions: 1. If needed-- conformity statement(see page 3) 2. The normal hours of operation shall be from 8:00 a.m. to 5:00 p.m. Monday through Friday; (IF NECESSARY AND APPROPRIATE) 3. The home occupation shall be limited to the basement area as it currently exists (1,614 square feet). (IF NECESSSARY, FOR HOME OCC. AREA LARGER THAN THAT PERMITTED BY SUPPLIMENTARY REGULATIONS) 10 Page 10 of 11 Last revised 4-27-11 4. The Home Occupation shall serve no more than XX(#) clients per week. (IF NECESSARY TO LIMIT ON-SITE VISITS) 7. VDOT approval of entrance(s) is required (when?). (County Engineer approval for on-site road or private road access may also be needed) (IF NECESSARY) M. Boat Dock in Reservoir •See previous staff reports (example: SP2005-10 Bart Neuman and SP 2007-59)for boat dock history and Comprehensive Plan policies Standard Conditions: 1. There shall be no lighting within 25 horizontal feet of the Reservoir, measured from the elevation of normal pool, which is Elevation 382. (Attach the plan w/elevations); 2. There shall be no removal of vegetation or earth disturbance within the 200-foot stream buffer associated with the installation of the boat dock. The stream buffer is measured from the edge of the floodplain, which is Elevation 390. (refer to the attachment in condition 1) 3. There shall be no other structures, such as decking or stairs, constructed in the 200-foot stream buffer of the Reservoir(Elevation 382) and the elevation of the edge of the floodplain (Elevation 390), where mowing has historically taken place. (refer to attachment in condition 1) 11 Page 11 of 11 Last revised 4-27-11 SOW' %ale pF A err, COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name: Staff: SP201600006 Generations Montessori School J.T. Newberry, Planner Planning Commission Public Hearing: May 3, 2016 Board of Supervisors Public Hearing: TBA Owner: Broadus Memorial Baptist Church Applicant: Rita Pace, Christina Pace Acreage: 9.3 acres Special Use Permit: 10.2.2.5, Private school TMP: 06200-00-00-025C00 Existing Zoning and By-right use: (RA) Rural Location: 1525 Stony Point Road Areas - agricultural, forestal, and fishery uses; residential density(0.5 unit/acre in development lots) Magisterial District: Rivanna Conditions: Yes Development Area: Pantops Master Plan Requested# of Dwelling Units: N/A Proposal: Request for approval of a private school for Comprehensive Plan Designation: Urban Density up to 50 students in the existing Broadus Memorial Residential — residential (6.01-34 units/acre); Baptist Church. supporting uses such as religious institutions, schools, commercial, office and service uses within Neighborhood 3 —Pantops Master Plan. Character of Property: The subject property has an Use of Surrounding Properties: Residential uses existing church and associated parking areas. and Darden Towe Park Factors Favorable Factors Unfavorable 1. The request is consistent with the Comprehensive 1. None. Plan. 2. Other private schools have operated in this location without creating significant impacts to adjacent properties. 3. The request serves an unmet and growing educational need in the community. 4. The proposed use utilizes an existing building, which provides for a more economical use of land. RECOMMENDATION: Staff recommends approval of this special use permit, with conditions. 4111100 STAFF PERSON: J.T.Newberry PLANNING COMMISSION: May 3, 2016 BOARD OF SUPERVISORS: TBA PETITION: PROJECT: SP201600006 Generations Montessori School MAGISTERIAL DISTRICT: Rivanna TAX MAP/PARCEL: 06200-00-00-025C0 LOCATION: 1525 Stony Point Road PROPOSAL: Request for approval of a private school for up to 50 students in the existing Broadus Memorial Baptist Church facility. PETITION: Private schools under Section 10.2.2.5 of the Zoning Ordinance. No dwelling units proposed. ZONING: RA, Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots) ENTRANCE CORRIDOR: Yes MANAGED AND PRESERVED STEEP SLOPES: Yes FLOOD HAZARD OVERLAY: Yes SCENIC BYWAYS OVERLAY: Yes COMPREHENSIVE PLAN: Urban Density Residential—residential (6.01-34 units/acre); supporting uses such as religious institutions, schools, commercial, office and service uses within Neighborhood 3 —Pantops Master Plan. CHARACTER OF THE AREA: The subject parcel is located at the northern edge of the Pantops Development Area along Stony Point Road(Route 20 North). The site is developed with a large church facility(over 10,000 sq. ft.) and lies adjacent to the Cascasdia development which is under construction. Up to 330 residential dwellings and 20,000 sq. ft. of non-residential uses are allowed at Cascadia. One single-family residence is located adjacent to the church entrance and the northern portion of Darden Towe Park is located directly across Stony Point Road (see Attachment A). A small portion of the western edge of the site is impacted by the 100 year floodplain and the dam break inundation zone(DBIZ) of the Ragged Mountain Dam. These areas will be discussed in greater detail later in the report. PLANNING AND ZONING HISTORY: • SP 198900063 —Approved with conditions—Request for a church facility(Broadus Memorial Baptist Church) in the Rural Areas zoning district. • SP 198900066—Approved with conditions—Request for fill and culvert in the floodway fringe of an unnamed stream of the Rivanna River. • SDP 199100088—Approved—Final site plan for Broadus Memorial Baptist Church • SP 199700001 —Approved with conditions—Request for a private school (The Frost Montessori School) in the Rural Areas zoning district. The approval permitted up to 18 students for a two-year period while a facility in the Fontana development was constructed. 2 DETAILS OF THE APPLICANTS' PROPOSAL: The applicants have requested a special use permit to establish a licensed Montessori School that would serve up to 50 school-aged children and infants within the existing Broadus Memorial Baptist Church facility. A full description of the request is provided in Attachment B. The school will be accepting students as young as two-months old and up to age six. On holidays and during the summer months, the school plans to provide full-day enrichment activities for existing students and siblings of existing students up to 12 years in age. SUMMARY OF THE COMMUNITY MEETING: The community meeting was held the evening of March 7th, 2016 and was well-attended. The applicants provided an overview of their proposal, as well as some information about the Montessori Method. Several of the attendees were interested parents who expressed difficulty in finding space for their children at other pre-schools in the area, especially Montessori schools. It was noted that no other Montessori school in the area currently serves children aged 2-20 months old. A representative from the church's leadership shared their unanimous support of the application and further stated a school would be addressing a need in the community. ANALYSIS OF THE SPECIAL USE PERMIT REQUEST: Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors shall reasonably consider the following factors when reviewing and acting upon an application for a special use permit: No substantial detriment The proposed special use will not be a substantial detriment to adjacent lots. No physical external improvements are proposed as most of the activities will occur within the existing church building. Outdoor play would take place on the existing playground or in a play area to be established west of the lower parking areas (see Attachment C). A mature tree buffer has been established in areas that were disturbed when the site originally developed in 1991, including the space between the new play area and the single-family residence adjacent to the church entrance. A significant wooded buffer also exists along the stream that runs parallel to the northern boundary of the parcel as shown in Attachment A. Vehicle trips to the site are anticipated to be substantially fewer than those generated by the church. The school is expected to produce a maximum of 230 vehicle trips per day for both students and instructors. This estimate includes school-related trips and any trips related to enrichment days. One important note about enrichment days is that while they will occur on holidays and during the summer months, they will not extend beyond the school's normal hours of operation, nor the maximum enrollment for any typical day during the school year. Questions were raised during the review about whether these activities constituted a"day camp" or "boarding camp"use. Staff confirmed with the Zoning Division that the activities are considered a customary accessory use for a private school. Finally, other similar requests have operated from this location in the past without issue, including The Frost Montessori School (now located close to the subject parcel at 1553 3 Delphi Drive) and the Y-ASPIRE program operated by the YMCA (After School Program Integrating Recreation and Education). This request is not anticipated to be a substantial detriment to adjacent lots. Character of district unchanged. The character of the district will not be changed by the proposed special use. The proposed use is located within an existing facility and proposes no physical external improvements. No visual impacts on Route 20 (an Albemarle County Entrance Corridor and a Virginia Byway) are anticipated. Although the church is zoned Rural Areas, it is located at the edge of the Development Areas. Uses in the Development Areas are expected to reflect a different character than uses in the Rural Area, although they may provide a transition to the Rural Area. At this time, the character of this part of the Development Area is undergoing a significant transformation while the construction of Cascadia takes place. The developed landscaping and mature wooded areas surrounding the perimeter of the Broadus Memorial Baptist Church site allow for some transition from the Development Areas to the Rural Area. Staff finds the use to be in keeping with the character of the existing site and surrounding area. Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter, with the uses permitted by right in the district, Section 1.4.4 of the zoning ordinance states that one of the purposes of this chapter is "to facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements." The use is viewed to be in harmony with the purpose and intent of the zoning ordinance and with the uses permitted by right in the district. ...with the regulations provided in section 5 as applicable, There are no regulations for private schools in section 5 of the Zoning Ordinance. However, the proposed use does significantly overlap with the zoning ordinance definition of day care center"...by providing care, protection and guidance... to a group of six (6) or more children under the age of thirteen (13) [years]..." Section 5.1.06 of the zoning ordinance lists additional regulations relating to day care centers and, although it is not required, the proposed use meets all of the supplemental regulations contained within this section. ...and with the public health,safety and general welfare. The applicant provided traffic analysis that showed the entrance to the church would meet the left-turn lane warrant off of Route 20 with the addition of a private school. However, the Virginia Department of Transportation (VDOT) later performed a more sophisticated capacity analysis and determined no improvements would be required and that the existing entrance is suitable for the proposed use. Still, VDOT did recommend that this property pursue all future opportunities to connect through the Cascadia development to consolidate entrances onto Route 20. This recommendation is consistent with their access management policy and anticipates the 4 growing traffic volumes along Route 20, particularly in this area. Staff also worked with the Engineering Division and Rivanna Water and Sewer Authority (RWSA) to determine the safety of the proposed play area relative to the floodplain and Ragged Mountain DBIZ. Because the proposed play area is located outside of these zones, neither reviewer felt the presence of these areas constituted any danger(see Attachment E). Staff finds that the proposed use should not adversely impact the public health, safety and general welfare of residents of the County. Consistency with the Comprehensive Plan. The use will be consistent with the Comprehensive Plan. The Pantops Master Plan designates the Broadus Memorial Baptist Church site as partially Urban Density Residential and partially as Greenspace(see Attachment D). Urban Density Residential areas accommodate all dwelling types as well as institutional uses such as places of worship, public and private schools, and early childhood education centers including day care centers and preschools. Greenspace areas contain sensitive environmental features including stream buffers, flood plain, and adjacent slopes that typically allow only passive recreation. The proposed play area does not negatively impact any of the environmental features found in this greenspace and the proposal overall is consistent with these recommendations. Because the proposed use does not involve any physical improvements to the site, provision of a full Neighborhood Model analysis is not necessary. Conformity to applicable principles is provided below: Principle 2—Mixture of Uses Private schools can be considered support uses to residential areas. Adding a neighborhood support use within an existing facility helps to provide a mixture of uses while also supporting a growing residential area. Principle 7—Parks, Recreational Amenities and Open Space The proposal does not negatively impact the County's goal to protect green systems that contribute to a high quality of life in the Development Areas. Principle 10—Redevelopment While adding a private school use to a church facility does not technically result in redevelopment, it can help to maximize use of sites served by existing infrastructure and negate the need to expand further out the Development Areas for such uses. SUMMARY AND ACTION: Staff has identified factors which are favorable. Factors favorable to this request include: 1. The request is consistent with the Comprehensive Plan. 2. Multiple private schools have operated in this location without creating significant impacts to adjacent properties. 3. The request serves an unmet and growing educational need in the community. 5 (010 iisso 4. The proposed use utilizes an existing building, which provides for a more economical use of land. No unfavorable factors have been identified. RECOMMENDATION: Staff recommends approval of SP201600006 Generations Montessori School based upon the analysis provided herein, with the following conditions: 1. Use of site shall be in general accord with the concept plan "Generations Montessori School in Broadus Memorial Baptist Church" signed and dated by Rita Pace, 04/11/2016, as determined by the Director of Planning and the Zoning Administrator. To be in general accord with this plan, development and use of the site shall reflect the general size, arrangement and location of the existing church facility and outdoor play areas. Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance; 2. Enrollment shall not exceed fifty(50) students; and 3. The hours of operation for the school shall not begin earlier than 8:30 A.M. and shall not end later than 5:30 P.M., each day, Monday through Friday, except that occasional school-related events may occur after 5:30 P.M. PLANNING COMMISSION MOTION: A. Should a Planning Commissioner choose to recommend approval of this special use permit: Move to recommend approval of SP201600006 Generations Montessori School with conditions outlined in this staff report. B. Should a Planning Commissioner choose to recommend denial of this special use permit: Move to recommend denial of SP201600006 Generations Montessori School. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ATTACHMENTS: Attachment A—Area Map showing Development Area Boundary Attachment B—Application Narrative Attachment C—Concept Plan Attachment D—Comprehensive Plan Map Attachment E—Floodplain and DBIZ Map 6 A VIP 0 8 0 " for' . 4.P.-- tr 1 g '`,fir ; ► 04 ;TON,yp .,'x 3 . of I 5 Q� m I ,rV7 .ifs .. { m E f 14 i r w a+ `f± : 1 4iY Wo fi'off®T a 3'i 01r t n 'a O 71&a w io + p i F ti ay <: '�,„,z,.... .(� ,r,. 4:4: r' a ,?(,)Z Fay to•. a' +-+' +�` ,,,,It y' G.`, "`I ,. . i1.1.1,,,'. I ,a,�* , :' t4 ,"' .. 'fir 1,617 L,+;lie D CD i r-.$ A r 41Y 11) R 4 r3 •, 2' ,' X11. yT1614*14: j �'y'� 1� • t.°� ;Alt,— 'art { � ' �,,,,,,,, „.. .x ► �l ' + �Yfrt ; CO 4, s '.iK afr, . ,, 1 p�4 F..48. 1�3 I i,,,, „ 4,"}�• r, /�� ,. , . k , , ..,.. .. - ..,. , 0 ,, 4.7s., . . 0, 0. , .,. ........ — ,......t„.., ...,...„.....„1.4. .,,.... 2) t r } 4. k s w. 4,4 :.,..... 7.. 0,___;,,,.1 i. 8 �NF � . • •' ; pp,- 0. 4'a ' v 4• S Srr 4* Pwhi.....illhvy - ll'-' i i,i 20gili' l,i 1. '_ , "i §m 'r U . 3i r7 ya pd z� IF ...„44k./-* \- - 416'4 q pRi 1ti', Ilitaiii, I 114 III II% Special Use Permit Application Narrative Generations Montessori School A narrative of the project proposal, including its public need or benefit: We hope to establish a licensed Montessori School at the existing Broadus Memorial Church site beginning in the 2016- 2017 school year. In the first year, the school will serve children from 2-20 months old. There is not a current Montessori School in town that serves this population. In the second year, we hope to offer an additional class for toddlers, and the following year we would like to add a class for children between 3 and 6 years old. In the first year, we will accept no more than 15 students. During the second year, we hope to add 12 children in the toddler class. By the third year, the school would be considered full with 45-50 students between the three classes. We plan to operate on the typical school year calendar, with children arriving at 9:00AM and leaving no later than 5:30 PM. Throughout the year, there may be a few after hour events for parents. Outside of the school calendar, we would also like to offer clubs, enrichment days, and summer camps. We plan to offer a cooking club once a month for children between the ages of 3 and 12 years old. Enrichment days would be offered during the school year, on scheduled school holidays. This would provide an alternative social and academic environment for children with working parents. During the summer, we hope to offer day camps. We plan to provide offerings for children to cook, do music, and explore the fields of science, technology, engineering, arts, and mathematics. Again, students would arrive at 9:00AM and leave the site by 5:30 PM. With the scope of the new and current housing developments in the 20 North and Pantops areas, we believe that this project will serve the community well. A narrative of the proposed project's consistency with the comprehensive plan; including the land use plan and the master plan for the applicable development area: This parcel is designated Urban Density Residential in the Pantops Master Plan which calls for residential uses at a density of 6-34 units per acre as well as institutional uses such as places of worship, public and private schools, and early childhood education centers including day care centers and preschools. As a proposed private school, we believe that our project fits well within these guidelines. • Parts of this parcel are also designated as Greenspace, which includes stream buffers, floodplain, steep slopes and other environmental features. Typically only passive recreation will occur in these areas or greenway trails. • The proposed private school is consistent with the Comprehensive Plan; staff recommends that the greenspace areas shown on comp plan, including the existing tree canopy and landscaping on the site not be disturbed for the proposed use. A narrative on the proposed project's impacts on public facilities and public infrastructure: Water & Sewer: We currently in contact with the Health Department to confirm that the existing water and sewer system can accommodate the additional use. Traffic: We have commissioned an engineer to conduct a Left Turn Warrant. They should confirm that a left turn lane is not necessary and the existing entrance is the required 470 ft from the entrance to Cascadia. Building & Grounds: We are not planning to do any site upgrades to the building. Outside, there is a small fenced in area with an existing play structure suitable for older children. We hope to add a small, age-appropriate, play structure for the younger children in this same fenced in area. Parking: 50 children x 1 parking space/10 children = 5 parking spaces 15 instructors x 1 parking space/1 instructor = 15 parking spaces Total: 20 parking spaces There are 3 tiers of parking at Broadus Memorial Church. Between the three lots, there are 64 general use parking spaces. At maximum capacity, the school would only require 20 parking spaces. The current parking is more than adequate. A narrative on the proposed project's impact on environmental features: We understand that there is a stream buffer that runs through the property. We plan to respect this boundary as well as all Greenspace around the church. We will gladly adhere to the staff recommendation to not disrupt the tree canopy or any existing landscaping. 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Mr. Palmer, UVA Representative was present. • Staff present was J.T. Newberry, Rebecca Ragsdale, David Benish, Sharon Taylor and Greg Kamptner. 2. Committee Reports • None' 3. Other Matters Not on the Agenda Clerk: from the Public No action required • None 4a. Public Hearing Items. Staff: • Action Letter— Recommend Approval of SP- SP-2016-00006 Generations 2016-06 as noted in the actions. Montessori School • This matter will be forwarded to the Board of MAGISTERIAL DISTRICT: Rivanna Supervisors to be heard on a date to be TAX MAP/PARCEL: 06200-00-00- determined. 025C0 LOCATION: 1525 Stony Point Road PROPOSAL: Request for approval of a private school for up to 50 students in the existing Broadus Memorial Baptist Church facility. PETITION: Private schools under Section 10.2.2.5 of the Zoning Ordinance.No dwelling units proposed. ZONING: RA, Rural Areas - agricultural, forestal, and fishery uses; residential density(0.5 unit/acre in development lots) ENTRANCE CORRIDOR: Yes MANAGED AND PRESERVED STEEP SLOPES: Yes FLOOD HAZARD OVERLAY: Yes SCENIC BYWAYS OVERLAY: Yes COMPREHENSIVE PLAN: Urban Density Residential—residential(6.01- 10111110 34 units/acre); supporting uses such as religious institutions, schools, commercial,office and service uses within Neighborhood 3—Pantops Master Plan. (JT Newberry) RECOMMEND APPROVAL OF SP- 2016-06,by a vote of 6:0, (Spain absent) with the conditions outlined in the staff report, as amended, and shown in Attachment 1. 4b& SP-2015-00031 Rio Salam LLC— Clerk: 4c. Motor Vehicle Sales • Action Letter— Recommend Approval of SP- MAGISTERIAL DISTRICT: Rio 2015-31 and SP-2015-34 as noted in the TAX MAP/PARCEL: actions. 061 W0020A00200 • These matters will be forwarded to the Board LOCATION: 1189 Seminole Trail. East of Supervisors to be heard on a date to be side of Seminole Trail(Rt. 29), 200 feet determined. south of intersection with Greenbrier Drive(Rt. 866). PROPOSAL: To permit the sale of motor vehicles associated with existing auto repair shop and proposed body shop. PETITION: Motor vehicle sales in communities and the urban area as designated in the Comprehensive Plan under Section 22.2.2(8)of the Zoning Ordinance. No dwelling units proposed. Concurrent with SP application SP201500034. ZONING: Cl —Commercial,which allows retail sales and service; residential by special use permit(15 units/acre). ENTRANCE CORRIDOR: Yes AIRPORT IMPACT OVERLAY: Yes COMPREHENSIVE PLAN: Urban Mixed Use(in Centers) -retail, residential, commercial, employment, office, institutional, and open space within Places29 Master Plan. (JT Newberry) AND SP-2015-00034 Salam LLC—Body Shop Albemarle County Planning Commission Final Action Memo—05-03-2016 Page 2 "'11✓ `•di MAGISTERIAL DISTRICT: Rio TAX MAP/PARCEL: 061 W0020A00200 LOCATION: 1189 Seminole Trail. East side of Seminole Trail(Rt. 29), 200 feet south of intersection with Greenbrier Drive(Rt. 866). PROPOSAL: To permit a body shop in conjunction with the existing auto repair shop and proposed motor vehicle sales. PETITION: Body shop under Section 22.2.2(12)of the Zoning Ordinance. No dwelling units proposed. Concurrent with SP application SP201500031. ZONING: Cl —Commercial, which allows retail sales and service; residential by special use permit(15 units/acre). ENTRANCE CORRIDOR: Yes AIRPORT IMPACT OVERLAY: Yes COMPREHENSIVE PLAN: Urban Mixed Use(in Centers) -retail, residential,commercial, employment, office, institutional, and open space within Places29 Master Plan. (JT Newberry) RECOMMEND APPROVAL OF SP- 2015-00031 (Motor Vehicle Sales),by a vote of 6:0, (Spain absent)with the conditions as shown in the staff presentation and shown in Attachment 2. RECOMMEND APPROVAL OF SP- 2015-00034(Body Shop),by a vote of 6:0, (Spain absent)with the conditions as shown in the staff presentation and shown in Attachment 2. 4d. Public Hearing Items Clerk: ZTA-2016-00005 Family Day Home • Action Letter — Recommend Approval as The Planning Commission will hold a noted in the actions. public hearing to receive comments on • This matter will be forwarded to the Board of its intent to recommend adoption of an Supervisors to be heard on a date to be ordinance amending Sec. 18-5.1.56 to determined. reduce the maximum number of children receiving child care services in a Albemarle County Planning Commission Final Action Memo—05-03-2016 Page 3 dwelling unit that would be considered and regulated as a single family use from 5 to 4 children, and to reduce the minimum number of children receiving child care services in a dwelling unit licensed and regulated as a family day home by the Virginia Department of Social Services from 6 to 5 children, all as provided by Virginia Code § 15.2- 2292 and other State laws. A copy of the full text of the ordinance is on file in the office of the Clerk of the Board of Supervisors and in the Department of Community Development,County Office Building,401 McIntire Road, Charlottesville,Virginia. (Rebecca Ragsdale) RECOMMEND APPROVAL of the draft ordinance in Attachment B of the ZTA-2016-00005 Family Day Home staff report. (See Attachment B of staff report) 5. Old Business Secretary: • Discussion held on community • Staff to work with Chair and Vice-Chair to meeting process and factors that schedule work session dates in could potentially trigger a second May/June/July/August period for all four public meeting. items individually. (Note: June 14th Farm • Discussion about determination of Wineries, with proffer policy possibly on June notification area when project lies on 28th, affordable housing and ZTA Inns and boundary of two CCAC's with a Tavern expansion possibly in August) suggestion that both CCAC chairs be notified of the community meeting. • Comment taken from Neil Williamson, Free Enterprise Forum about public concerns with CAC's level of support and professionalism some are operating under; and to encourage the Commission to leave public comment open at the end of the agenda as a test. • Discussion of scheduling future work sessions on four educational session topics in May/June/July/August period. 6. New Business Secretary: • By a vote of 6:0 (Spain absent) the • Add public comment at the end of agenda Commission agreed to experiment (before old business) for three-month trial Albemarle County Planning Commission Final Action Memo—05-03-2016 Page 4 for the next three months with period as noted in the actions. providing a second opportunity after all of the public hearings and before new and old business to receive public comments under the same time limits the Commission currently applies, and to allow comments on all topics, instead of limiting them to those matters not on the agenda. • The next meeting will be held on Tuesday,May 10, 2016 at 6:00 p.m. 7. Adjourn to May 10, 2016 Albemarle County Planning Commission meeting, 6:00 p.m,County Office Building, Auditorium,401 McIntire Road, Charlottesville,Virginia. • The meeting was adjourned at 7:26 p.m. Attachment 1 —SP-2016-00006 Generations Montessori School—Planning Commission Recommendation Attachment 2-SP-2015-00031 Rio Salam LLC—(Motor Vehicle Sales) and SP-2015- 00034 Salam LLC—(Body Shop)—Planning Commission Recommendation Attachment 3 -ZTA-2016-00005 Family Day Home—Planning Commission Recommendation Albemarle County Planning Commission Final Action Memo—05-03-2016 Page 5 IWO 14410 ATTACHMENT 1 SP-2016-00006 Generations Montessori School— Planning Commission Recommended Conditions of Approval 1. Use of site shall be in general accord with the concept plan "Generations Montessori School in Broadus Memorial Baptist Church" signed and dated by Rita Pace, 04/11/2016, as determined by the Director of Planning and the Zoning Administrator. To be in general accord with this plan, development and use of the site shall reflect the general size, arrangement and location of the existing church facility and outdoor play areas. Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance; 2. Enrollment shall not exceed fifty(50) students; and 3. The hours of operation for the school shall not begin earlier than 7:30 A.M. and shall not end later than 5:30 P.M., each day, Monday through Friday, except that occasional school-related events may occur after 5:30 P.M. Albemarle County Planning Commission Final Action Memo—05-03-2016 Page 6 Attachment 2— SP-2015-00031 Rio Salam LLC—Motor Vehicle Sales and SP-2015-00034 Salam LLC—Body Shop—Planning Commission Recommendation The Planning Commission recommends approval of SP-2015-00031 (Motor Vehicle Sales)with the following conditions: 1. Use of site shall be in general accord with the concept plan "Concept Plan for Salam, LLC" signed by Salam Altallal and dated 5/3/2016 as determined by the Director of Planning and the Zoning Administrator. To be in general accord with this plan; development and use of the site shall reflect the general size, arrangement and location of the sales area,parking area for sales vehicles and parking area for body shop vehicles. Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance; 2. Not more than five(5)vehicles may be made available for sale outdoors at any time. The Planning Commission recommends approval of SP-2015-00034 (Body Shop) with the following conditions: 1. Use of site shall be in general accord with the concept plan"Concept Plan for Salam, LLC" signed by Salam Altallal and dated 5/3/2016 as determined by the Director of Planning and the Zoning Administrator. To be in general accord with this plan, development and use of the site shall reflect the general size, arrangement and location of the sales area,parking area for sales vehicles and parking area for body shop vehicles. Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance; 2. Not more than five (5)vehicles may be parked or stored outdoors for body shop work at any time. Albemarle County Planning Commission Final Action Memo—05-03-2016 Page 7 %WO ‘141111) Attachment 3— ZTA-2016-00005 Family Day Home—Planning Commission Recommendation (Attachment B of Staff Report) Date:04/11/16 ORDINANCE NO. 16-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia,that Chapter 18, Zoning, Article II, Basic Regulations, is hereby amended and reordained as follows: By Amending: Sec. 5.1.56 Family day homes Chapter 18. Zoning Article II. Basic Regulations Sec.5.1.56 Family day homes Each family day home shall be subject to the following: a. Care for four or fewer children.Each family day home providing care for five-(5) four(4)or fewer children under the age of thirteen(13),exclusive of the provider's own children and any children who reside in the home,shall be regulated as a single-family residential use. b. Care for mere not fewer than five but not more than twelve children.Each family day home providing care for lie not fewer than five(5)but not more than twelve(12) children under the age of thirteen(13),exclusive of the provider's own children and any children who reside in the home, shall be subject to the following: 1. Traffic. The additional traffic generated by a family day home,excluding trips associated with the dwelling unit,shall not exceed twenty-four(24)vehicle round trips per day.For the purposes of this section,a"vehicle round trip"means one vehicle entering and exiting the site.The limitation on the number of vehicle round trips per day may be waived or modified by special exception. In acting on a special exception,the board shall consider whether the waiver or modification of the number of vehicle round trips per day will change the character of the neighboring agricultural area or the residential neighborhood,as applicable,and whether the additional vehicle trips per day will be a substantial detriment to abutting lots.Notice of the application for a special exception shall be posted as provided in section 33.4(m)(2). Albemarle County Planning Commission Final Action Memo—05-03-2016 Page 8 2. Parking. Each family day home shall provide one(1)parking space plus one(1) parking space for each additional employee. The parking spaces may be located on-site,on the street where authorized by law,or in a parking lot safe and convenient to the family day home. 3. Entrance and access.In conjunction with each application for a zoning clearance,the zoning administrator shall identify,if necessary,the applicable design and improvements required that are at least the minimum necessary to protect public health and safety by providing safe ingress and egress to and from the family day home site,safe vehicular and pedestrian circulation on the site, and the control of dust as deemed appropriate in the context of the use.The zoning administrator may consult with the county engineer or the Virginia Department of Transportation regarding the minimum design and improvements for the entrance and access. 4. State licensure.Each family day home shall acquire and maintain the required licensure from the Virginia Department of Social Services.The owner or operator of the family day home shall provide a copy of the license to the zoning administrator.The owner or operator's failure to provide a copy of the license to the zoning administrator shall be deemed to be willful noncompliance with the provisions of this chapter. 5. Inspections by fire official.The Albemarle County fire official is authorized to conduct periodic inspections of the family day home. The owner or operator's failure to promptly admit the fire official onto the premises and into the dwelling unit to conduct an inspection in a manner authorized by law shall be deemed to be willful noncompliance with the provisions of this chapter. 6. Waivers or modifications by special exception.Except as provided in subsection (b)(1),no requirement of this section may be waived or modified. 7. Zoning clearance and notice of request.No family day home shall commence without a zoning clearance issued under section 31.5,subject to the following: a. Notice to abutting lot owners.At least thirty(30)days prior to acting on the zoning clearance,the zoning administrator shall provide written notice of the application for a zoning clearance to the owner of each abutting lot under different ownership than the lot on which the proposed family day home would be located.The notice shall identify the proposed family day home,its size and capacity,its location,and whether a special exception under subsection(b)(1)is requested.The notice shall invite the recipient to submit any comments before the zoning clearance is acted upon.The notice shall be mailed or hand delivered at least thirty(30)days prior to the action on the zoning clearance.Mailed notice shall be sent by first class mail.Notice mailed to the owner of each lot abutting the site shall be mailed to the last known address of the owner,and mailing the notice to the address shown on the current real estate tax assessment records of the county shall be deemed to be compliance with this requirement. b. Special exception. If the zoning administrator receives a written objection to the family day home from the owner of an abutting lot within thirty(30)days after the notice was mailed or delivered,the Albemarle County Planning Commission Final Action Memo—05-03-2016 Page 9 kid Nair zoning clearance shall not be approved until after the applicant obtains a special exception for the family day home as provided in sections 33.5 and 33.9.In acting on a special exception,the board shall consider whether the proposed use will be a substantial detriment to abutting lots. 8. Relationship to other laws.The provisions of this section are supplementary to all other laws and nothing herein shall be deemed to preclude application of the requirements of the Virginia Department of Social Services,Virginia Department of Health,Virginia State Fire Marshal,or any other local,state or federal agency. (§ 5.1.0.6, 12-10-80; Ord. 01-18(6), 10-3-01; § 5.1.56, Ord. 13-18(5), 9-11-13) I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Ave Nay Mr. Dill Ms. Mallek Ms. McKee! Ms. Palmer Mr. Randolph Mr. Sheffield Albemarle County Planning Commission Final Action Memo—05-03-2016 Page 10 Noe ,•411so COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ZTA 2013-03 Dam Break Inundation Zones December 4, 2013 SUBJECT/PROPOSAL/REQUEST: ACTION: X INFORMATION: Public Hearing to Amend the Zoning Ordinance to Comply with State Requirements Concerning Development in CONSENT AGENDA: Dam Break Inundation Zones ACTION: INFORMATION: STAFF CONTACT(S): ATTACHMENTS: Yes Foley, Walker, Davis, Kamptner, McCulley, Koslow, Burbage REVIEWED BY: PRESENTER(S): Amanda Burbage \1 C r LEGAL REVIEW: Yes v BACKGROUND: In 2008,the Virginia General Assembly passed legislation requiring localities to undergo a new review process for development occurring within a dam break inundation zone (Attachment B).According to the Virginia Code, a dam break inundation zone(DBIZ) is"the area downstream of a dam that would be inundated or otherwise directly affected by the failure of a dam." Development is defined as"one or more lots developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more dwelling units, but does not include any lot or lots that will be principally devoted to agricultural production." Dam owners are required to conduct a dam break analysis to support the appropriate hazard classification of the impounding structure in accordance with the Virginia Administrative Code.An owner of a State-regulated dam is also required to provide the locality in which the dam is located with a map of its DBIZ and incorporate all affected properties into its dam safety emergency action plan. There is currently no timeframe associated with this mandate. The state requirements place localities in the role of notifying the Virginia Department of Conservation and Recreation (DCR)when a development is proposed within a DBIZ for which the locality has a map on file so that the plan for development can be reviewed by DCR for its impacts on a dam's spillway design flood standards. There are currently 109 state regulated dams in Albemarle County. Community Development's Zoning Division is the designated point of intake for DBIZ mapping and has received mapping for four of these dams to date. When a map is received, it is passed along to Information Services staff to be incorporated into CountyView and GIS-Web so that parcels within a DBIZ can be identified by staff and the general public. Planning staff then follow the required review process when reviewing any site plan or subdivision application that falls within a DBIZ. On April 23, 2013 the Board of Supervisors adopted a resolution of intent to amend the zoning and subdivision ordinances in order to comply with state requirements(Attachment C).The proposed zoning text amendment addresses revisions to the site plan review process for properties that fall within a DBIZ. On October 8,2013 the Planning Commission recommended adoption of the proposed zoning text amendment and STA 2012-02, also being considered by the Board on December 4th, which would make the corresponding changes to the subdivision ordinance (Attachments D & E). STRATEGIC PLAN: Goal 5. Ensure the health and safety of the community. DISCUSSION: The proposed ordinance (Attachment A)implements State law and would: • Add definitions for"dam break inundation zone", "development", and "impounding structure" • Require that a DBIZ be depicted on the pre-application plan, initial site plan &preliminary plat • Require that if development is within a DBIZ: (1)the dam owner is notified about the proposed development, and (2)DCR is notified within 10 days to make a determination as to whether or not the proposed development will impact the dam's spillway design flood standards AGENDA TITLE: ZTA 2013-03 Dam Break Inundation Zones December 4, 2013 Page 2 • If DCR determines that spillway design flood standards will be affected by the proposed development, require that the developer either alter the plan of development so that spillway design flood standards will not be affected or submit an engineering study with the final site plan to be reviewed by DCR. • Prior to development in a DBIZ that will impact the dam's spillway design flood standards, require the developer to pay 50% of the costs for necessary upgrades to the dam attributable to the development, plus an administrative fee not to exceed 1%of the total amount of payment required or$1,000,whichever is less. These costs and fees would be paid to the Dam Safety, Flood Prevention and Protection Assistance Fund held by the Virginia Resources Authority. • When a development within a DBIZ is complete, require the developer to provide the dam owner,the County, and any other affected localities with information necessary for the dam owner to update the DBIZ map to reflect any new development within the DBIZ. BUDGET IMPACT: Staff does not anticipate that this ordinance will result in the need for additional staff or funding. RECOMMENDATIONS: After the public hearing, staff recommends adoption of the proposed ordinance amendment(Attachment A)effective January 1, 2014. ATTACHMENTS: Attachment A: Proposed Zoning Ordinance Amendment Attachment B: State Code References Attachment C: Resolution of Intent for Dam Break Inundation Zones ZTA, April 23, 2013 Attachment D: Staff Report—Planning Commission Public Hearing, October 8, 2013 Attachment E: Action Memo—Planning Commission Public Hearing, October 8, 2013 View PC minutes Return to agenda 4411001' '%1100°1 • of A r LP'"')1aN, • COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 229014596 (804) 296-5823 October 13, 1989 Broadus Memorial Baptist Church P. O. Box 3915 Charlottesville, VA 22903 RE: SP-89-66 Broadus Memorial Baptist Church Dear Sir: - The Albemarle County Board of Supervisors, at its meeting on October 4, 1989, unanimously approved the above-noted request to allow for fill and culvert in the floodway fringe of an unnamed stream of the Rivanna River. Property, located on the east side of Rt. 20N, approximately 600 feet south of Franklin Drive. Tax Map 62, Parcel 25. Rivanna magisterial District. Please note that this approval is subject to the following conditions: 1. Department of Engineering approval of final design of the stream crossing; 2. Department of Engineering issuance of an erosion control permit as applicable; 3. Compliance with all Federal, State, and local permit requirements pertaining to construction, reconstruction or alteration of any perennial streams, creeks or rivers. Broadus Memorial Baptist Church Page 2 October 13, 1989 If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, 1' W Pe .- V. Wayne Cilimberg Director of Planning & Community Development VWC/jcw cc: T. R. & Lavese V. Moore F. A. Iachetta W. S. Roudabush Kathy Dodson