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HomeMy WebLinkAboutAP200700002 Staff ReportSTAFF PERSON: Amelia G. McCulley PUBLIC HEARING: September 11, 2007 STAFF REPORT AP 2007 -002 APPLICANT /APPELLANT: Krzysztof and Barbara Sliwinski T/A Four Seasons Learning Center The applicant appeals the Zoning Administrator's determination in accordance with Section 34.3 of the Albemarle County Zoning Ordinance. This is an appeal hearing. It is not a decision as to whether or not this daycare use is needed. Description of Property: This property is known as Four Seasons Learning Center and is located at 254 Lakeview Drive in Four Seasons. Tax Map 61 X1, Parcel 5 is located at the intersection of Four Seasons and Lakeview Drives. It is zoned PUD, Planned Unit Development with Special Use Permits for the daycare center use. The property is currently improved with a building of about 1,114 sq feet used as the Four Seasons Learning Center. Determination: [See Attachment A for the appealed Notice of Violation (NOV) dated April 6, 2007.1 The appellant appeals the Zoning Administrator's determination of violations. In summary, the Zoning Administrator determined that the appellants are in violation in three (3) areas: 1. The site is not in compliance with the approved site plan. 2. The site is not in compliance with the approved special use permit. 3. The addition has been occupied without an approved certificate of occupancy. The Board is advised that this appeal is limited only to the last Notice of Violation (NOV) V/O 2006 -156 dated April 6, 2007. The prior NOV V/O 2004 -167 dated September 23, 2005 was not appealed and is now final. [See this final violation determination in Attachment B.] AP- 2007 -002 2 September 11, 2007 The Board is further advised that this determination is based on the condition of the Property at the time of this determination (April 6 2007). Changes to the property since then, unless they have eliminated / abated the violation, are irrelevant to this appeal. Results Desired by the Zoning Administrator: 1) Submittal and approval of a site plan amendment. 2) Construction of the site in accordance with the site plan. Issuance of a certificate of occupancy for the building addition. 3) No further changes to the site which are inconsistent with the approved plan without approval. Backaround of Appeal: A brief history relevant to this appeal is as follows: The site has been in violation for over 1 Y2 years. (A timeline of events is Attachment G.) A notice of zoning violation (NOV) was sent on September 23, 2005 (VIO 2004- 167) which was not appealed and is now final. This NOV cited several changes on the site which are not in compliance with the approved site plan. In addition, it referred to the construction of a retaining wall in the VDOT right -of -way on Lakeview Drive without a permit and in violation of the site plan. (This wall was eventually removed sometime around March, 2007. A replacement wall was then constructed again without permits and approvals. While not cited in the violation notices, in the past the applicants also installed a retaining wall along the side property line without a permit.) The County filed civil penalties against the owners after the violation was not corrected by the deadline. In July, 2006, the Zoning Administrator decided to withhold further enforcement action because the owners were willing to take action to comply, including submittal of a site plan amendment. Staff met numerous times with the applicants and their representatives in the office and onsite. In January, 2007, the applicants decided not to proceed further with the site plan amendment and it was indefinitely deferred. Planning and Zonina History: Special Use Permits for Daycare Use on this Prooertv • SP 412 — Woodlake Corporation approved October, 1974 for nursery school daycare or office use. • SP 89 -023 — Mothers Care of Virginia approved May, 1989. Special use permit amendment to reduce the setback of the sign. • SDP 2000 -072 — Four Seasons Learning Center site plan approved initially in June, 2000 with changes to circulation. Letter of revision (LOR) to site plan approved by Stephen Waller in December, 2000. • SP 2002 -006 — Daycare center expansion approved in June, 2002. • SDP 2006 -055 — Site plan amendment to address discrepancies with site as- built. Site plan indefinitely deferred by the current owners in January, 2007. Grounds for Zonina Administrator's Decision: This decision involves applying the facts of this case to the language of the Ordinance. AP- 2007 -002 3 September 11, 2007 1. THE SITE IS NOT IN COMPLIANCE WITH THE APPROVED SITE PLAN. The FINAL NOV included two findings in which the site does not comply with the approved site plan. These have continued and remain in noncompliance: a. There is only one entrance to the parking area rather than the one -way in and one -way out d. The parking area has been reconrrgured. Therefore, even without the new additional aspects of noncompliance listed in this appeal, the unappealed NOV represents a final decision that the site is not in compliance with the site plan. To remedy this, the appellants need to obtain approval of a site plan amendment. a) The required landscaping is not installed or bonded; There is no landscape bond for this property. Landscaping on the plan which is not installed includes: the tree in the island between the two entrances; a double row of shrubs (glossy abelias) along Lakeview and a tree between the parking area and Four Seasons Drive. b) The building addition is a different size and in a different location than shown. The approved plan shows the building addition 12 ft and it is built 7.2 ft from Four Seasons Drive. (These two different distances are actually shown and dimensioned on the approved plan and the physical survey, Attachments C and D.) The approved plan shows the building 38 ft from the side property line and it is built about 31.6 ft from the side property line as located on the physical survey. 2. THE SITE IS NOT IN COMPLIANCE WITH THE APPROVED SPECIAL USE PERMIT. The site and the activity are not in full compliance with all conditions of this special use permit approved by the Board of Supervisors on July 3, 2002 as follows: a. Development of the site is not in general conformity with the minor site plan amendment approved July 18, 2000 as per condition 2a. This was determined by the prior NOV and is now final and unappealable. In addition, see #1 above. In addition, the buffer is not present as required: "...a twenty -foot buffer shall be provided and retained between the property and Lot B..." AP- 2007 -002 4 September 11, 2007 This twenty -foot buffer was disturbed when the appellants constructed a retaining wall in this area. It has not been replanted to the landscape buffer standards in the Zoning Ordinance. b. There is no fence as required by condition 2d: "The fence across the front of the property shall be a barrier fence, 4 % feet high, set back 25 feet from the property line..." The photos will show that this fence does not exist. They concede this point in their justification letter point #2, "The fence has not yet been built ..." C. Condition 2e does not permit occupancy until completion of "ii.) parking lot approved in the Minor Site Plan Amendment... This addition is being occupied. The parking lot is not complete. This was determined by the prior NOV and is now final and unappealable. In addition, the parking spaces as delineated on the site do not meet Zoning Ordinance requirements for size and travelway dimensions. 3. THE ADDITION WAS OCCUPIED WITHOUT AN APPROVED CERTIFICATE OF OCCUPANCY. The Zoning Ordinance prohibits the use or occupancy of a building without a certificate of occupancy (see also NOV language). A certificate of occupancy has not been issued for the building addition. 36.1 VIOLATIONS - GENERALLY Any building erected contrary to any of the provisions of this ordinance or contrary to any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this ordinance or any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, shall be a violation of this ordinance and the same is hereby declared to be unlawful. The zoning administrator may initiate injunction, mandamus, abatement, criminal warrant or any other appropriate action to prevent, enjoin, abate or remove such erection or use in violation of any provision of this ordinance. (Amended 12- 20 -89) While "occupancy" is not defined, the term "use" is defined by the Zoning Ordinance. AP- 2007 -002 5 September 11, 2007 Use: The purpose for which any land, water, or structure is devoted or occupied, or any activity performed on land, water or in a structure. (Added 10 -3 -01) The determination that the building addition has been occupied was based on the following sets of facts: A. Lisa Green, Code Enforcement Officer, observed children in this space through the windows; B. The office for this business is located in the addition; C. County staff have been invited to meet with the appellants in this space. Additional first -hand evidence was obtained after the NOV was sent when the Daycare Center Manager called and admitted to the Manager of Enforcement that they had been using the addition for the last few months. APPELLANT'S JUSTIFICATION FOR APPEAL: (See Attachment H for the full Appeal Application and Letter of Justification.) The appellant's then - attorney Jessica Smith from Payne & Hodous contended the following in the appeal justification: 1. Development of the site is in general conformity with the site plan approved on December 5, 2000. The building location and size is in conformance with the plan. 2. The 20 ft buffer mentioned in the SP conditions is required "only if modifications are made to the site." The buffer is currently in existence. 3. The fence has not yet been built and landscaping has not been installed because on April 12, 2007, the county directed applicants to cease all current construction. The applicants are ready to complete this work. 4. The addition is not being occupied. STAFF RESPONSE: Staff will respond to the applicant's points in order. 1. "General" conformity is not sufficient for site plan compliance (see Section 36.1 in the previous page). The definition of a site plan as found with Section 3.0 refers to "construction details and survey data for existing and proposed improvements." A plan is intended to be specific as to locations and types of improvements. Compliance with the plan is expected to be equally as specifically in compliance rather than generally in compliance. Site plan: A plan satisfying the requirements of section 32 of this chapter that delineates the overall scheme of development of one or more lots including, but not limited to, grading, engineering design, construction details and survey data for existing AP- 2007 -002 6 September 11, 2007 and proposed improvements. The document identified in this chapter as a site development plan is a site plan. (Added 10 -3 -01) Staff contends that the building and other improvements are not located in compliance with the approved site plan as listed within #1 site plan section. In addition, it is not possible at this point to comply with the plan due to changes made to the site. The appellants need to submit a site plan amendment meeting the Ordinance and special use permit approval that also reflects the as -built conditions. 2. The 20 ft buffer is not in existence. It was disturbed when the retaining wall along the side property line was removed. (See the photo of the side property line in Attachment I.) 3. The appellant's contention that they have been prevented from installing the fence and landscaping since April 12, 2007 does not explain why it was not installed before that time. These special use permit conditions were imposed over 5 years ago. 4. Based on our findings, including observations and a statement by the Daycare Manager, the addition has been occupied. CONCLUSION Efforts to obtain compliance on this property have involved countless hours of numerous different staff's time and has gone on for quite some time. Our records reflect at least 25 different visits to the site by staff since 2004. We have attempted to communicate more clearly, descriptively and specifically than what we might normally do in a hope and effort to clearly explain what is necessary to obtain voluntary compliance (see Attachment J and K). The appellant has repeatedly made changes to the site without the proper approvals, including permits. When the appellant refused to follow the regulations and procedures and submit a site plan amendment and make the necessary changes to the site, we had no other options and were forced to again begin enforcement action. Rather than completing an almost - finalized and approved site plan amendment, the appellant instead refused to cooperate and indefinitely deferred the site plan. They then submitted a special use permit to expand their enrollment. (At this point, the special use permit has not been acted upon and is still pending.) This zoning decision is not about whether this daycare center provides a needed service to the community. This is also not a case of miscommunication as has been characterized by the appeal justification. We simply wish to have an approved site plan which reflects the Zoning Ordinance, conditions of Special Use Permit and a site which is and remains consistent with that plan. This is what the Zoning Ordinance calls for and it is our responsibility to enforce those regulations. AP- 2007 -002 7 September 11, 2007 APPEAL LIST OF ATTACHMENTS Attachment A Appealed Notice of Violation (VIO 2006 -156) dated April 6, 2007 Attachment B FINAL NOV Determination (VIO 2004 -167) dated September 23, 2005 Attachment C Approved Site Plan dated December 5, 2000 Attachment D Physical Survey dated April 27, 2007 (without handwritten additions) Attachment E Special Use Permit 2002 -006 Conditions of Approval Attachment F SP- 2002 -006 Staff Report Attachment G Timeline of Events (Revised) Attachment H Appeal Application and Justification Attachment I Powerpoint presentation Attachment J Letter from Amelia McCulley dated August 3, 2006 outlining site plan amendment issues Attachment K Letter from Jan Sprinkle dated August 20, 2001 J����.��t•id'�� COUNTY OF ALBEMARLE Community Development Department 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 FAX (434) 972 -4126 TELEPHONE (434) 296 -5832 ATTACHMENT A AP- 2007 -002 Page I of 3 NOTICE OF OFFICIAL DETERMINATION OF VIOLATION The Date this Notice of Determination is given is April 6, 2007 CERTIFIED MAIL # 7005 0390 0003 9642 3692 Kaletnba- Sliwinski, Barbara or Krzysztof Sliwinski CERTIFIED MAIL # TTD (434) 9724012 No: VIO- 2006 -156 7005 0390 0003 9642 3685 Sliwinski, Krzysztof or Barbara Kalemba- Sliwinski 254 Lakeview Drive 3516 Doctors Crossing Charlottesville, VA 22901 Charlottesville, VA 22911 Property: 061 X 1 -00 -00 -00500 Sliwinski, Krzysztof or Barbara Kalemba Sliwinski Tax Map and Parcel Number Owner of Record Zoning: Planned Unit Development (PUD) District You are hereby notified that after an investigation of the above - described property, the Zoning Administrator has detennined that the following constitutes violations of the Albemarle County Zoning Ordinance (special use permit, site plan, certificate of occupancy and zoning clearance). This conclusion is based on the following facts that were noted on March 13, 2007: I . SPECIAL USE PERMIT (SP 2002 -006) The site and the activity are not in full compliance with all conditions of this special use permit approved by the Board of Supervisors on July 3, 2002 as follows: a. Development of the site is not in general conformity with the minor site plan amendment approved July 18, 2000 as per condition 2a. The landscaping and the parking area are not complete. In addition, the buffer is not present as required: "...a twenty foot buffer shall be provided and retained between the property and Lot B... " b. There is no fence as required by condition 2d: "The fence across the front of the property shall be a barrier fence, 4 % feet high, set back 25 feel from the property line... " c. Condition 2e does not permit occupancy until completion of "ii.) arking lot approved in the Minor Site Plan Amendment... This addition is being occupied and the parking lot is not complete. VIO -2006 -156 ATTACHMENT A Page 2 AP- 2007 -002 Page 2 of 3 2. SITE PLAN Changes have been made to the site such that it is no longer in compliance with the approved site plan. The following items were previously listed in a prior determination of violation dated September 23, 2005 which was not appealed and is now final: a. There is only one entrance to the parking area rather than the one -way in and one - way out d The parking area has been reconfigured. In addition, the site does not comply with the approved site plan as follows: a) The required landscaping is not installed or bonded, b) The building addition is a different size and in a different location than shown. This represents a violation of the following section(s) of Albemarle County Zoning Ordinance: Section 32.2 Site Plan A site plan shall be required for any construction, use, change in use or other development in all zoning districts... Site Plan: A plan satisfying the requirements of section 32 of this chapter that delineates the overall scheme of development of one or more lots including, but not limited to, grading, engineering design, construction details and survey data for existing and proposed improvements. The document identified in this chapter as a site development plan is a site plan. 3. CERTIFICATE OF OCCUPANCY The building addition was being occupied without the issuance of a certificate of occupancy. This represents a violation of the following section of the Albemarle County Zoning Ordinance: 31.2.3.1 CERTIFICATE OF OCCUPANCY It shall be unlawful to use or permit the use of any structure or premises, or part thereof, hereafter created, erected, changed, converted, altered or enlarged, wholly or partly in its use or structure, until a certificate of occupancy indicating completion of the work for which a permit was issued, is issued therefor by the zoning administrator. This use, activity or condition is not a nonconforming use or structure. In other words, the use or structure did not lawfully exist prior to the zoning regulations that it violates, or it is not eligible to attain non - conforming status. Section 36.1: "Any building erected contrary to any of the provisions of this ordinance or contrary to any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this ordinance or any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, shall be a violation of this ordinance and the same is hereby declared to be unlawful. The zoning administrator may initiate injunction, mandamus, ATTACHMENT A V I O -2006 -156 Page 3 AP- 2007 -002 Page 3 of 3 abatement, criminal warrant or any other appropriate action to prevent, enjoin, abate or remove such erection or use in violation of any provision of this ordinance." You are hereby ordered to cease and desist from occupying the building addition immediately. You are also hereby ordered to cease and desist from making any other changes to the site, including moving accessory buildings, immediately. Your failure to comply with this order may result in legal action being taken against you. Your timely compliance with this order does not excuse the violation cited herein and does not preclude the Count) from pu suing fi rther legal action for these violations. If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of the date notice of this determination is given, in accordance with Section 15.2 -2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. If you have any questions, please contact Lisa Green at 434 - 296 -5832 ext. 3013 Amelia G. McCulley, 6A.I .P. Zoning Administrator County of Albemarle, Virginia Cc: Reading File VIO- 2006 -156 Mary Carol, Dept. of Social Services Division of Child Day Center Licensing n COUNTY OF ALBEMARLE Community Development Department 401 McIntire Road, Room 227 Charlottesville, Virginia 229024596 FAX (434) 972 -4126 TELEPHONE (434) 296 -5832 ATTACHMENT B AP- 2007 -002 Page 1 of 3 NOTICE OF OFFICIAL DETERMINATION OF VIOLATION TTD (434) 972012 The Date this Notice of Determination is given is September 23, 2005. No: VIO- 2004 -167 CERTIFIED MAIL # 7003 1010 0002 5110 4397 CERTIFIED MAIL # 7003 1010 0002 5110 4380 Kalemba - Sliwinski, Barbara or Krzysztof Sliwinski, Krzysztof or Barbara Kalemba- Sliwinski Sliwinski 254 Lakeview Drive 3500 Doctors Crossing Charlottesville, VA 22901 Charlottesville, VA 22911 Property: 061X1 -00 -00 -00500 Sliwinski, Krzysztof or Barbara Kalemba Sliwinski Tax Map and Parcel Number Owner of Record Zoning: Planned Unit Development (PUD) District You are hereby notified that after an investigation of the above - described property, the Zoning Administrator has determined that the following constitutes violations of the Albemarle County Zoning Ordinance. This conclusion is based on the following facts that were noted on June 30, 2005 to: 1. The construction on this property does not match the approved site plan (signed July 18, 2000). Each item (a-d) is a violation of the approved site plan. The following is a list of the observed changes made to the site that differ from the approved site plan: a. There is only one entrance to the parking area rather than the one -way in and one - way out b. There is a basement garage area and driveway leading to it which are not shown on the approved site plan and are partially in the VDOT right -of -way. c. There are now three retaining walls located on this site and partially in the VDOT right -of -way. d The parking area has been reconfigured In addition, the driveway area leading to the garage constitutes an open pit which is potentially dangerous to the public. This represents a violation of the following section(s) of Albemarle County Zoning Ordinance: ATTACHMENT B VIO -2004 -167 AP- 2007 -002 Page 2 of 3 September 23, 2005 Section 32.2 Site Plan A site plan shall be required for any construction, use, change in use or other development in all zoning districts... Site Plan: A plan satisfying the requirements of section 32 of this chapter that delineates the overall scheme of development of one or more lots including, but not limited to, grading, engineering design, construction details and survey data for existing and proposed improvements. The document identified in this chapter as a site development plan is a site plan. Z The retaining wall constructed next to the sidewalk and partially in the right -of -way at the front this site was built without the required building permit. This represents a violation of the following section(s) of Albemarle County Zoning Ordinance: Section 31.2.1 Permits Required; Conformance Buildings or structures shall be started, reconstructed, enlarged or altered only after a building permit has been obtained. No building permit or certificate of occupancy shall be issued in violation of zoning or other local ordinances. 3. The retaining wall constructed next to the sidewalk at the front of this site has been built the VDOT right -of -way. VDOT has been contacted and wants it removed from the r/w. This use, activity or condition is not a nonconforming use or structure. In other words, the use or structure did not lawfully exist prior to the zoning regulations that it violates, or it is not eligible to attain non - conforming status. Section 36.1: "Any building erected contrary to any of the provisions of this ordinance or contrary to any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this ordinance or any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, shall be a violation of this ordinance and the same is hereby declared to be unlawful. The zoning administrator may initiate injunction, mandamus, abatement, criminal warrant or any other appropriate action to prevent, enjoin, abate or remove such erection or use in violation of any provision of this ordinance." You are hereby ordered to cease and desist from continuing construction that does not match the approved site plan immediately. You are also hereby ordered to cease and desist from adding any retaining walls which require a building permit immediately. Your failure to comply with this order may result in legal action being taken against you. VIO -2004 -167 ATTACHMENT B Pal AP- 2007 -002 Page 3 of 3 You are also hereby ordered to complete the following: ptember 23, 2005 1. Remove the retaining wall that is located in the Lakeview Drive right -of -way by December 16, 2005, 2. Fill in the portion of the hole (also referred to as an "open pit') that is in the right -of -way by October 23, 2005; 3. Submit a complete application for a site plan (not a site plan waiver) by November 23, 2005. Once the site plan is submitted, proceed in good faith and submit any revisions by the date requested. Once the plan is approved, a date for compliance with the conditions and improvements required by the site plan will be established. Your timely compliance with this order does not excuse the violation cited herein and does not preclude the County from pursuing further legal action for these violations. If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of the date notice of this determination is given, in accordance with Section 15.2 -2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. If you have any questions, please contact Stewart Wright at 434 - 296 -5832 ext. 3415 Amelia G. McCulley, A.I.C.P. Zoning Administrator County of Albemarle, Virginia Cc: Reading File VIO- 2004 -167 Chuck Proctor, VDOT May Carol, Dept. of Social Services Division of Child Day Center Licensing A COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 229024596 (804) 296 - 5823 Ext. 3385 Fax (804) 972 - 4035 December 5, 2000 Sliwinski, Krzysztof and Barbara c/o Four Seasons Learning Center 20 Lake View Drive Charlottesville, VA 22901 RE: SDP 00 -072 Four Seasons Learning Center Minor Amendment Dear Mr. and Mrs. Sliwinski: ATTACHMENT C AP- 2007 -002 Page 1 of 3 This letter is in response to your request to increase the size of the approved addition to the above mentioned development. According to information received from the Department of Building Code and Zoning Services there will be no increase in the number of students enrolled in the school, so the proposed changes will not result in an increase to the required number of parking spaces. Therefore, the Department of Planning and Community Development has reviewed and approved your request as a "Letter of Revision" to the approved final site plan [SDP 00 -072 Four Seasons Learning Center Minor Amendment]. Please accept this letter as final approval for your request. This is viewed as your first "Letter of Revision ", and all construction must be performed in accordance with information submitted with the building permit for this project. You are allowed a total of three (3) letters of revision before all changes to the plan are required to be submitted in the form of a minor site plan amendment. Please update your records with a copy of this letter. The Planning Department will forward a copy of this approval letter to the Department of Building Code and Zoning Services. Please contact the Department of Building Code and Zoning Services for further information regarding any permits and related inspections that will be required for this project. If you should have any further questions, please do not hesitate to contact me. Sincerely, Stephen B. Waller Planner Attachments: Building Permit and Sketch Plan Copy: SDP 00 -072 John Grady; Manager of Zoning Permit Review John Shepherd, Manager of Zoning .Administration 'AID: ASH j ym Building Code and Zoning Services ( 401 McIntire Road ` rrrr►y� *~ Charlottesville, VA 22902 -4596 Tel. (804) 296 -5832 • Fax (804) 972 -4126 Land Use 7 // ��77 Yes / / V1a PermjL1l�C Project �4. �L•I o �- arm �. �,l �,c �/ v ADDRESS Ess' _ ATTACHMENT Q C (� LA6 �1� C�c.'� oc CITY AP- 2007 -002 Ar'�,, PHONE Page 2 of 3 c E ;-J 0 State Reg. County Exempt r •ame Type of Water Supply Z ry ❑ Wood feel Public a Private ❑ C. Well W NAME J N ADDRESS re eating ueefr3niEal 3Tesec. type of Sewage Disposal ❑ HP ublic ❑ Septic V Q CITY r. ce ❑ Wood Stove ❑ Gas Logs = Vork: (IV PHONE +• ❑ AOOITICN ❑ ALT cRATICN ❑ Other 'Mork: he I •;5 2 ,i, ui-1 ;nes Sq. t. ist Fip Ina Floor Garage Fin. Basemeat� Fnffn. Basement Decks Porches ED USE SETBACKS ❑ Crawl Space `j�Slab Engineering Cne Family 3edroem Front s Baths ` Zoning . ' Value of Work Back Pe c•. ��` �-- Garage Carport Kitcnen R. Sd. / �� - 1% Surch . �J Other / t� i t' L. Sd. -(•/ Total �_1 I ��, �/�1 School Cist. Type of Const. (1 Use Group Floor XC Is(. / '3rCiC 1-L, ! '"�( l �i r ` •�•J ��Ycres ! ive ! gad Size of Bldg. Vo. of Max. (Totall �-q. Ft. Stories Icc. L:ad S 31k. Sac. Phase No. of No. of Accesscry F're SonmerS -Ier;usea in Dwelling Units Structures C3 Vos �(Vo Reviewed By Zoning ,approved for !ssuan Budding Approved for Zoning Pre- CorlJstn cnon ❑Yes Budding PreX st cnon / -!(e Aiarms ?egwr ?d L Issuance By I'Va ❑ Yes �Cd �o yes G Vo SPECIAL .APPRCr1ALS REQUIRED _D mCr ic, "l r Zoning ZIt NOTICE Health Dept. i E �E ?MI TS 4RE RECUIREC ;�R ELECTRICAL, PL; MSING, iEATING, Engineering TING C AIR CCNCI i ,CNING. \ JeN1Ce Authority ?MIT 3ECCMES ,null AND vOr0 : bvRK CR CCNSTRUCTICN AUTrlCR1ZEO COMMENCED MTHIN 8 .tAONTH R iF CCNSTRUCTICN OR NCRK IS Planning CEO CR ABANOCNEO FqR l' OF S MONTHS AT ANY TihfE AFTER Highway Cept. CCMMENCEO. 1� PrelJFnal Zoning Y CERTIFY TI R 0 ANO EXA 0 TH1S APPLICATION AND KNOW fE T O BE TRU AN ECT ALL P VISIONS OF LAWS AND ORDINANCES Recorded Plat IING THIS TYP_ ' CRK 'WI ' E CCMPLIEO WITH 'WHET r!ER SPECIFIEO Site Plan i CR NOT. THE GRANTING.. F A PERMIT DCES :VOT PRESUME TO GIVE ARB 'ITY TO VIOLATE CR � CE: THE PROVISIONS OF ANY OTHER STATE OR LAW REGULATING CCNSTRUCTICN OR THE PERFCRMANCE OF W7CN. i REAL -STATE CEP' APPRAISED VALUE LAND : ZF CCNTRACTCR of AU;KCAJZEG AG@NT A E BUILCWGS cFCWNER ;FCdMERaU,l:ER1 COTE TOTAL S . L.. -, %. / / /(.j z6rlve . �Sn G I SPACE PEP, 110 ('04)LDW -EN — 4 I ';fACF r?FF`• 1 EMPUO`lEE - 4 .rcjrhL 'rtikV I� -1 C. SPACE 5ETY"07t Fkom FOUR J(F144ONs �)Iff Fk*ck Fpzro 1lf -ecvle w SP'ACE'S PER SPACE'S 4 DR - /Q ATTACHMENT C AP- 2007 -002 Page 3 of 3 • I ,� Vla.u,w.( cif ��'�!'� vV THIS SURVEY WAS PERFORMED IN ACCORDANCE WITH RULES AND REGULATIONS OF THE COMMONWEALTH OF VIRGINIA, BOARD OF LAND SURVEYORS, EFFECTIVE FEBRUARY O1, 2007. I PERFORMED A FIELD RUN PHYSICAL SURVEY OF THE PROPERTY SHOWN HEREON ON APRIL 25, 2007, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE TITLE LINES AND WALLS OF THE BUILDING ARE AS SHOWN. A DECEMBER 14, 1998 TITLE REPORT AND SUPPORTING RESEARCH DOCUMENTS WERE FURNISHED. AS SHOWN ON F. E. M A. FLOOD RATE INSURANCE MAPS, THIS PROPERTY APPEARS TO LIE IN ZONE 'C" AND D, YEAR FL00D HAZARD). OTHER THAN AS SHOWN, EASEMENTS, ATTACHMENT D PERTAINING TO ZONING MAY EXIST BUT EITHER WERE NOT, VI AP -2007 -002 A REQUIREMENT OF THIS SURVEY. THIS SURVEY HAS BEEN f TO KRZYSZTOF & BARBARA SLIWINSKI. DECLARATION IS MADE SURVEY AND HIS OR HER LENDERS. THIS DOCUMENT IS NOT INSTITUTIONS OR SUBSEQUENT OWNERS. L E G E N D DEED AND PROPERTY INFORMATION _p_ IRF IRON ROD FOUND TAX MAP PARCEL 61X1 - 5 — 0 IRS IRON ROD SET OWNER- KRZYSZTOF SLIWINSKI & O WY WATER METER BARBARA KALEMBA- SLIWINSKI "— FENCE DEED B /S: INST# 980018490 0 15 30 60 DB 485 P 121 (PLAT) ZONING: PUD RESTRICTIONS AND EASEMENTS: SCALE IN FEET DB 596 P 20 VA TEL V. CO., INC. (NOT DETERMINED) DB 485 P 122 ELECTRIC EASEMENT (NOT DETERMINED) DB, 281 P 361 VA. TEL. & TEL. CO. DB 212 P 317 VA. PUBLIC SERVICE CO. (NOT DETERMINED) DB 278 P 283 VA. ELE. & P0. CO. i j ii I A �I II if I' i i I EDGE OF yl PAVEMENT l < 1 � W V W J O�W Q� HANDICAP RAMP SIDEWALK i f i C RECORD MERIDIAN i / IRS OB 485 P 121 / I f 70' i j ii I A �I II if I' i i I EDGE OF yl PAVEMENT l < 1 � W V W J O�W Q� C1 0= 15'57'51" R= 540.00' L= 150.46' CH= 149.97' CB =N 02'19'14" E C2 0=97'49'18" R= 30.00' L= 51.22' CH= 45.22' CB =N 59'12'46" E C3 6= 48'52'30" R =135.00' —_� IRS L= 115.16' CH= 111.70' �' -- CB=S 47'26'18" E SIGN N� PARKING AREA (GRAVEL SURFACE) o ONE STORY FRAME 5 DWELLING C3 ,T W /BASEMENT ORIGINAL BUILDING �, IRS (APPROX.) v N 7YP TFORM '\" 6' I i O HVAC k� I I ELECTRICI 1.6 i C1 Z SERVICE 3 J I I s X115" W 5 6TOO 0 0 0+42 ?/k07 a I IRF�" �,1 David t Blankenbakor TMP SEASONS\ No. 1585 FOUR HOOSN \ 4,0 pQ� ; PA550CIAPOj21� � SURVEY I pg 485 p DAVID C. BLANKENBAKER INCORPORATED SCE, d Y y"d Pla ,, .�; ,�P 78 MAIN POET, ET, P. 0. BOX 874 STANARDSVILLE, VIRGINIA 22973 2007 (1134) 985 8200 026 PARCEL A 16,512 v SO. FT. IRF WA P, 0 FE61x1 AA_ AM TM \ pT 348 AROI P �T) Wg 57 121 iP p6 485 P PLAT SHOWING PHYSICAL SURVEY PARCEL A -PATIO HOUSE SECTION FOUR SEASONS 254 LAKEVIEW DRIVE ALBEMARLE COUNTY, VIRGINIA APRIL 27, 2007 © 2007 i I I V I / I f 70' C1 0= 15'57'51" R= 540.00' L= 150.46' CH= 149.97' CB =N 02'19'14" E C2 0=97'49'18" R= 30.00' L= 51.22' CH= 45.22' CB =N 59'12'46" E C3 6= 48'52'30" R =135.00' —_� IRS L= 115.16' CH= 111.70' �' -- CB=S 47'26'18" E SIGN N� PARKING AREA (GRAVEL SURFACE) o ONE STORY FRAME 5 DWELLING C3 ,T W /BASEMENT ORIGINAL BUILDING �, IRS (APPROX.) v N 7YP TFORM '\" 6' I i O HVAC k� I I ELECTRICI 1.6 i C1 Z SERVICE 3 J I I s X115" W 5 6TOO 0 0 0+42 ?/k07 a I IRF�" �,1 David t Blankenbakor TMP SEASONS\ No. 1585 FOUR HOOSN \ 4,0 pQ� ; PA550CIAPOj21� � SURVEY I pg 485 p DAVID C. BLANKENBAKER INCORPORATED SCE, d Y y"d Pla ,, .�; ,�P 78 MAIN POET, ET, P. 0. BOX 874 STANARDSVILLE, VIRGINIA 22973 2007 (1134) 985 8200 026 PARCEL A 16,512 v SO. FT. IRF WA P, 0 FE61x1 AA_ AM TM \ pT 348 AROI P �T) Wg 57 121 iP p6 485 P PLAT SHOWING PHYSICAL SURVEY PARCEL A -PATIO HOUSE SECTION FOUR SEASONS 254 LAKEVIEW DRIVE ALBEMARLE COUNTY, VIRGINIA APRIL 27, 2007 © 2007 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902 -4596 (434) 296 - 5823 Fax (434) 972 - 4012 July 11, 2002 ATTACHMENT E AP- 2007 -002 Page 1 of 2 Barbara & Krzysztok Kalemba - Sliwinski 3516 Doctors Crossing Charlottesville, VA 22901 RE: SP- 2002 -006 Four Seasons Learning Center; Tax Map 61X1, Parcel 5 Dear Mr. & Mrs. Kalemba - Sliwinski: The Albemarle County Board of Supervisors, at its meeting on July 3, 2002, unanimously approved the above -noted request. Please note that this approval is subject to the following conditions: 1. This permit is approved for an office or a nursery school and daycare center; provided, however, both uses shall not exist simultaneously. 2. If the building is to be used for a nursery school and daycare center, the following conditions shall apply: a. Development of the site shall be in general conformity with the Minor Site Plan Amendment approved July 18, 2000 by the Department of Planning and Community Development. If modifications are made to the site, a twenty (20) -foot buffer shall be provided and retained between the property and Lot 8 shown on the Minor Site Plan Amendment approved July 18, 2000 by the Department of Planning and Community Development; b. The maximum number of children shall not exceed forty (40) at any given time or the number approved by the Department of Social Services, whichever is less; C. - An outdoor play area with equipment shall be provided and maintained by the applicant. The play area shall be fenced with a chain link fence; d. The fence across the front of the property shall be a barrier fence, four and one -half (4Y2) feet high, set back twenty -five (25) feet from the property line. The fencing on the other three (3) sides of the property is to be chain link; . e. No certificate of occupancy for BP 2000 -01520 (one [1] -story addition with finished basement) and no zoning clearance for any increase in the number of children more than the thirty -two (32) allowed under SP 74-412 shall be provided prior to completion of i) construction of the building addition, and ii) parking lot approved in'the Minor Site Plan Amendment approved July 18, 2000 by the Department of Planning and Community Development; and f. No residential use of the property shall be allowed without abandonment of the special use permit. 3. If the building is to be used for an office, the following conditions shall apply: a. The maximum number of employees shall be ten (10) employees; b. A twenty (20) -foot buffer shall be provided and retained between the property and Lot B shown on the Minor Site Plan Amendment approved July 18, 2000 by the Department of Planning and Community Development; and C. No residential use of the property shall be allowed without abandonment of the special use permit. Page 2 July 11, 2002 ATTACHMENT E AP- 2007 -002 Page 2 of 2 4. No sign shall be located less than five (5) feet from the right -of -way of Four Seasons Drive. It shall be placed in the general location depicted on the Minor Site Plan Amendment approved July 18, 2000 by the Department of Planning and Community Development. It shall be single -faced and not exceed eight (8) square feet. Materials, color, and lettering shall be consistent with the photograph initialed RSK and dated May 17, 1989, in the the of SP 89 -23. Any replacement sign shall be of materials, color, and lettering compatible to the Four Seasons Patio Homes sign, as approved by the Zoning Administrator. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within twenty -four (24) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, the term 'Commenced" shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296 -5832. If you should have any questions or comments regarding the above -noted action, please do not hesitate to contact me. Sincerely, Ll V. Wa Direct VWC /i Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve Allshouse Matt Grimes, VDOT COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP 02 -006 Four Seasons Learning Center Special Use Permit Amendment SUBJECT/PROPOSAL/REQUEST: Request to amend a special use permit to increase the number of children from 32 to 40 at the Four Seasons Learning Center. The property, described as Tax Map 61X1 Parcel 5, contains 0.35 acres, and is located in the Rio Magisterial District on at 254 Lakeview Drive at the intersection of Lakeview Drive and Four Seasons Drive. The property is zoned PUD Planned Unit Development. The Comprehensive Plan designates this property as Urban Density Residential in Neighborhood 1. (See Attachments A & B.) STAFF CONTACTM: Ms. Echols ATTACHMENT F AP- 2007 -002 Page 1 of 3 PC AGENDA DATE: ITEM NUMBERS: June 4, 2002 BOS AGENDA DATE: June 19, 2002 ACTION: INFORMATION: Recommend approval of Special use permit with Conditions. ATTACHMENTS: yes BACKGROUND: On August 27, 1974, the Board of Supervisors approved the original special use permit (SP 74 -412). The allowable sign area was changed with SP 89 -023 on March 22, 2989. Several site plans and site plan amendments have been approved over the last 28 years. A complete history of the activities at the site is included as Attachment C. The conditions of approval for the 1974 & 1989 special use permits are included as Attachment D. At present the applicants are finishing construction of a building addition. They would like to add 8 children to the maximum number of children approved for the Learning Center. DISCUSSION: Staff has reviewed the request and the existing approved minor site plan amendment (Attachment E). The minor amendment recently approved allowed for a building addition and enlarged parking area. Construction began in August of 2000. Once construction is finished, the facility and site will accommodate the additional 8 children and the required parking. The Special Use Permit amendment is to increase the maximum number of children to 40 from 32. Only one problem exists with the current use; however, it can easily be rectified. At present, the construction activities on -site are interfering with the ease in which children are picked up and dropped off. Spaces in the parking lot are not always available for use. Several residents near the facility have expressed concerns with traffic backups and turning movements when parents drop off children, especially during the peak morning period. Concern has also been expressed with the amount of time involved in completing construction and the possibility of the addition of a dwelling unit or units to the facility. The nearby resident concerned with residential use of the structure is worried about the level of activity on the site because the development is already so dense. When all construction is completed and the parking lot is fully functional, the traffic problems should disappear. The PUD approval for Four Seasons limits the number of residential units in the development; so, the addition of a dwelling unit to the facility or conversion of the facility to residential units or other uses would require an amendment to the zoning. All staff reviewers have recommended approval of the increased numbers of children. The Building Inspector has indicated that the facility will meet building code requirements. No impact on roads, utilities, adjoining properties, or schools is expected with the proposal. No adverse impact is expected for the neighborhood, provided the parking lot is completed prior to allowing the additional children in the facility. RECOMMENDATION: Staff recommends that the same general conditions approved with SP 74-412 and 89- 023 be approved with this request with three exceptions. These exceptions are that the maximum number of children may increase from 32 to 40 children, no certificate of occupancy shall be given until both the building and parking lot are completed, and no residential use of the property is to be allowed without abandoning the special use permits. The recommended conditions are: 1. This permit is approved for an office OR nursery school and day -care center. The conditions below apply to the nursery/day -care center. a. Development of the site shall be in general conformity with the Minor Site Plan Amendment approved July 18, 2000 by the Department of Planning and Community Development. If modifications are made to the site, a twenty -foot buffer shall be provided and retained between the property and Lot B shown on the Minor Site Plan Amendment approved July 18, 2000 by the Department of Planning and Community Development. b. The maximum number of children shall not exceed 40 at any given time or the number approved by the Department of Social Services, whichever is less. c. An outdoor play area with equipment shall be provided and maintained by the applicant. The play area shall be fenced with a chain link fence. d. The fence across the front of the property shall be a barrier fence, 4 %Z feet high, set back 25 feet from the property line. The fencing on the other three sides of the property is to be chain link. e. No certificate of occupancy for BP 2000 -01520 (one -story addition with finished basement) and no zoning clearance for any increase in the number of children more than the 32 allowed under SP 74- 412 shall be provided prior to completion of i.) construction of the building addition, and ii.) parking lot approved in the Minor Site Plan Amendment approved July 18, 2000 by the Department of Planning and Community Development f. No residential use of the property shall be allowed without abandonment of the special use permit. 2. If the building is to be used for an office, the following conditions shall apply: a. The maximum number of employees shall be ten employees. b. A twenty -foot buffer shall be provided and retained between the property and Lot B shown on the Minor Site Plan Amendment approved July 18, 2000 by the Department of Planning and Community Development. c. No residential use of the property shall be allowed without abandonment of the special use permit. 3. No sign shall be located less than five feet from the right -of -way of Four Seasons Drive. It shall be placed in the general location depicted on the Minor Site Plan Amendment approved July 18, 2000 by the Department of Planning and Community Development. It shall be single -faced and not exceed eight square feet. Materials, color, and lettering shall be consistent with the photograph initialed RSK and dated May 17, 1989, in the file of SP 89 -23. Any replacement sign shall be of materials, color, and lettering compatible to the Four Seasons Patio Homes sign, as approved by the Zoning Administrator. ATTACHMENTS Attachment A — Location Map Attachment B — Property Map Attachment C — History of Site Attachment D — Conditions of Approval of Previous Special Use Permits Attachment E — Approved Minor Site Plan Amendment ATTACHMENT F AP- 2007 -002 Page 2 of 3 2 t \� ATTACHMENT F AP-2007-002 Page 3 of 3 7-- LO -0 �0< LLJ zj AL c*4 0 ago z 0 04 z iS cm A S q N cn ' U8 I� o 0 LO 3 TIMELINE OF EVENTS October 23, 1974 SP- 1974 -412 - Special Use Permit approved for a Day Care or office August 8, 1981 VA -1981 -052 — Variance denied for a reduction in parking requirements. May 17, 1989 SP- 1989 -023 — Special Use Permit approved for Mothers Care Cottage day care — amend conditions of SP- 1974 -412 to allow a change in the sign May 22, 1989 WO- 1989 -024 - Violation abated temp. sign November 24, 1998 Sliwinski's purchased property and existing day care (Mother's Care Cottage) a site plan and special use permit was in place. December 18, 1998 CLE- 1998 -175 - Clearance issued to the Sliwinski's for a day care. February 7, 2000 VA- 2000 -002 - Variance application rejected for setback reduction — by ordinance this can only be done by ZMA February 24, 2000 ZMA- 2000 -002 — Zoning Map Amendment application submitted to amend the conditions of Four Seasons Planned Unit Development (PUD) to establish setbacks for a .25 acre parcel currently developed and used as a day care center. June 2, 2000 Certificate of Occupancy — (C.O.) was issued for (BLD- 1999- 195A1) to enclose a porch and turn it into a classroom. June 18, 2000 SDP - 2000 -072 — Site Development Plan approved - amendment for addition to two sides of the existing structure, to rearrange parking, allow one way ingress /egress as well as adding a retaining wall and changing the landscaping. June 19, 2000 VIO- 2000 -084 - Violation abated permit obtained for sign S- 2000 -133 July 28, 2000 ZMA- 2000 -002 - Zoning Map Amendment withdrawn Planning director was able to approve modification under section 8. August 16, 2000 BLD - 2000- 1457AI — Building Permit application submitted to construct the addition — shown as approved on SDP - 2000 -072. December 5, 2000 1S Letter of Revision to SDP - 2000 -072 to increase the size of the approved addition — no increase in enrollment noted — no need for additional parking. June 27, 2001 SDP- 2001 -058 — Site Development Plan denied amendment to add a driveway access from Four Seasons Drive to the basement for deliveries only. July 17, 2001 AP- 2001 -005 — Appeal - Sliwinski's appealed zoning administrator's determination that site was not in compliance August 20, 2001 ZA sent response to applicant in regards to Appeal AP- 2001 -005 August 24, 2001 AP- 2001 -005 — Appeal withdrawn May 7, 2002 SDP - 2002 -004 — Site Development Plan withdrawn amendment to rearrange parking and add driveway access from Four Seasons Drive to basement. August 16, 2002 Certificate of Occupancy (C.O.) issued for the existing day care (This was required for state licensing; no building permit was associated with this c.o. July 3, 2002 SP- 2002 -006 — Special Use Permit approved with conditions - to allow an increase in children from 32 -40. Provided the conditions of the SP were met prior to increase in enrollment. This is tied to BLD- 2000- 1457AI with a C.O. condition. July 29, 2002 Received letter from the Sliwinski's requesting clarification of the occupancy load as stated on the C.O. and conditions of Special use permit. ATTACHMENT G AP- 2007 -002 Page 1 of 4 TIMELINE OF EVENTS August 6, 2002 Zoning response letter to the Sliwinski's clarification request. This letter outlined site plan and all special use permit conditions. September 6, 2002 Jan Sprinkle had meeting with Mrs. Sliwinski and Mary Carroll (state licensing inspector) regarding issues with obtaining the C.O. for the new addition (BLD- 2000- 1457AI) and each stipulation required as specified in SP- 2002 -006 — The special use permit also gave a deadline of July 3, 2004 which was also discussed. September 4, 2004 Letter from Mary Carroll (VA Dept. of Licensing) stating the renewal of their license from August 18, 2004 — August 17, 2006. The letter states that no change could be made to the capacity until the C.O. was obtained from the County of Albemarle. September 21, 2004 Inspector Stewart Wright met with the Sliwinski's onsite and discussed the discrepancies with the ongoing site work and the approved site plan. Mr. Wright explained that the work needed to match the already approved site plan or a site plan amendment must be submitted and approved. Mr. Sliwinski stated that he would submit a new plan. June 30, 2005 Inspector Stewart Wright met with Mrs. Sliwinski onsite, to discuss the continuing work on site that is not in compliance with the approved site plan. July 1, 2005 Inspector Stewart Wright and Keith Huckstep met with Mr. Sliwinski onsite to explain to him that what he is building on his site doesn't match the approved site plan. July 5, 2005 First Notice of Violation sent — Deadline August 5, 2005 September 6, 2005 Jan Sprinkle spoke with Chuck Proctor of VDOT to discuss activity on the site at Four Seasons and inquire if permits had been obtained for work in VDOT right -of -way. Per Chuck Proctor — they had not been granted access from Four Seasons Drive nor had they received permission to put anything in the right-of-way. September 23, 2005 Second Notice of Violation Sent outlining detailed specifics of the nature of the violation and what needs to do be done to be in compliance — Final Deadline December 16, 2005 October 18, 2005 Inspector Stewart Wright was contacted by Tom Gale an engineer that had been retained by the Sliwinski's. The plan would begin as soon as the property survey was complete. December 8, 2005 B200506203A1- Building Permit - application submitted for the addition of exterior steps. These steps were needed for access from the upper level of the new addition (BLD- 2000- 1457AI) to the lower level. No interior access was provided. January 30, 2006 Inspector Stewart Wright made an onsite inspection — No work had been done to bring site in compliance with the approved site plan. Mr. Wright contacted Tom Gale to inquire about the status of the plan and was told that it was still not complete. January 31, 2006 1" Civil Penalties packet submitted to county attorney. ATTACHMENT G AP- 2007 -002 Page 2 of 4 TIMELINE OF EVENTS February 28, 2006 Inspector Stewart Wright onsite inspection — No work had been done to bring site in compliance with the approved site plan. 2nd Civil Penalties packet submitted to county attorney. April 3, 2006 Inspector Stewart Wright made an onsite inspection — No work had been done to bring site in compliance with the approved site plan. 3rd Civil Penalties packet submitted to county attorney. May 1, 2006 New site plan amendment submitted by applicant's engineer— Tom Gale May 12, 2006 Inspector Lisa Green made an onsite inspection — No work has been done or is being done to bring site in compliance with the approved site plan. May 22, 2006 SDP200600055 Minor Site Plan Amendment - submitted. June 23, 2006 Inspector Lisa Green made an onsite inspection — "Open pit" is being filled to meet requirements outlined by NOV letter. That is the extent of the efforts towards compliance. July 21, 2006 Inspector Lisa Green made an onsite inspection — "open pit" has been filled leaving area for exterior steps as outlined by building permit (B200506203AI). The owners have done new work along Four Seasons Drive in the VDOT right -of -way — some of a bank has been removed to create parking spaces. None of this work is on the approved site plan nor has it been approved by VDOT. July 24, 2006 Court — Trial — Judgment granted for county in civil case. In that same week, Mr. Sliwinski came to the COB and met with Ms. McCulley. She agreed to delay enforcement because they would submit a site plan amendment. July 24, 2006 Jay Schlothauer sent letter to the Sliwinski's regarding the reason the C.O. for the addition BLD- 2000- 1457AI could not be issued. August 2, 2006 Onsite with four staff members, VDOT and owners' attorney. Discussed issues to resolve before a temporary certificate of occupancy could be issued for the addition. August 17, 2006 Meeting with staff (3 or 4) and owners' consultant, Tom Gale to discuss site plan issues. September 17, 2006 Four staff met with owners' consultant, Tom Gale, to discuss site plan issues. October 2, 2006 Staff met with the owners' consultant, Tom Gale, to discuss site plan issues. October 20, 2006 Minor Site Plan Amendment (SDP 2006055) submitted. Curb & gutter waiver requested. New plan shows retaining wall removed along neighbor's property line and Lakeview Drive. November 21, 2006 VDOT confirms that sight distance now obtained due to partial removal of retaining wall. November 30, 2006 Onsite observations that not much site work has been completed. Parking is occurring along Lakeview and Four Seasons Drive. Safety railing has been added around perimeter of exterior stairwell. ATTACHMENT G AP- 2007 -002 Page 3 of 4 TIMELINE OF EVENTS December 5, 2006 Site plan deferred from Planning Commission meeting. Staff is reconsidering whether to administratively grant the waiver. January 9, 2007 Owners submit a Special Use Permit application to expand the enrollment SP 2007-001). Mid - January, 2007 Owner decides not to proceed with plan and tells consultant to stop working on it. February 6, 2007 Meeting with staff, including the Planning Director and Zoning Administrator, to discuss the SP application and noncompliance with the site plan. The ZA asked Mr. Sliwinski several times to submit a site plan amendment. He repeatedly refused. February 26, 2007 Some grading has taken place along Lakeview Drive. Code Enforcement Officer, Lisa Green, witnessed children in the newly built addition. Turned over to the Building Official. March 13, 2007 Onsite shows some work is being done. The retaining wall on Lakeview Drive has been removed. Some other work has been done along Four Seasons Drive and a new chain link fence has been installed along Lakeview. March 23, 2007 Onsite with Bill Fritz and CE Officer, Lisa Green and Mary Caroll State Licensing Agent. March 28, 2007 Onsite, not in compliance. A ril 6, 2007 NOV for VIO 2006 -156 sent. April 11, 2007 Onsite, not in compliance A ril 18, 2007 Staff met with owners and their attorney to discuss process issues. A ril 23, 2007 Onsite, not in compliance. April 26, 2007 Owners' attorney files an appeal of the NOV. May 4, 2007 Onsite, not in compliance. May 15, 2007 Onsite, not in compliance. July, 2007 Meeting with new consultant, David Blankenbaker, about completing a site plan amendment to address the violations. The owners questioned the site Ian requirements. End of July, 2007 Zoning Administrator released the hold on further enforcement and scheduled the appeal due to the owners' unwillingness to submit a site plan amendment meeting the Zoning Ordinance requirements. ATTACHMENT G AP- 2007 -002 Page 4 of 4 Application for Appeal of Zoning Administrator's Determination> ® Appeal of Zoning Administrator's Determinai (To be refunded if the decision of the Zoning Administra Project Name: N/A Tax map and parcel: 061X1 -00 -00 -00500 Magisterial District: Rio ATTACHMENT H AP- 2007 -002 Page 1 of 3 Zoning: PUD Physical Street Address (if assigned): Four Seasons Learning Center, 254 Lakeview Drive, Charlottesville, VA 22901 Location of property if determination is made regarding a property (landmarks, intersections, or other): See above Contact Person (Who should we calUwrite concerning this project ?): Jessica F. Smith, Esq. Address 412 East Jefferson Street Daytime Phone ( 434 ) 977-4507 Owner of Record Krzysztof and Barbara Sliwinski City Charlottesville Fax # (43`� ) 977 -6574 State VA Zip 22902 E -mail jfsmith@paynehodous.com Address 3516 Doctors Crossing City Charlottesville Daytime Phone (±34) 242-4455 State VA Zip 22911 Fax # ( 434) 973 -5592 E -mail krzys007@people.com Applicant (Who is the Contact person representing ?): Same as Owner of Record Address Daytime Phone (__) Fax # (_) City E -mail State Zip AP- 2007 -002 (Signs 10 & 28) Barbara or Krzysztof Sliwinski - aka Four Seasons Learning Center (owners/appellants). Appeal of Zoning Admi1W6vkxs determination of violations: 1) the site and activity are not in full compliance with Special Use Permit 2002 -006; 2) changes have been made to the site such that it is no longer in compliance with the approved site plan; 3) the building addition has been occupied without the issuance of a certificate of occupancy. The appellants contend that they are in compliance on all three alleged violations. They also contend that the addition is not being occupied. The property is described as Tax Map 61X1, Parcel 5, is located at the intersection of Four Seasons and Lakeview Drives (254 Lakeview Drive) in Four Seasons. Zoned PUD, Planned Unit Development with Special Use Permits for daycare use. FOR OFFICE USE ONLY AP # -r Fee Amount $0 -Mate Paid h Receipt # R a J County of Albemarle Departm t of Communitv Develonmentr% %, enn) 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 FKJ45 01�4126 ,,yy 5/1/06 Page 1 of Payne & Hodous, L.L.P. Attorneys at Law 412 East Jefferson Street Charlottesville, Virginia 22902 Frederick W. Payne Robert P. Hodous Donna R. DeLoria William W. Tanner Jessica F. Smith Donald H. Wells, Jr. April 25, 2007 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: Four Seasons Learning Center, Krzysztof and Barbara Sliwinski Violation #VEO- 2006 -156 Dear Sir or Madam: ATTACHMENT H AP- 2007 -002 Page 2 of 3 This attachment provides information regarding the above - referenced violation. Specifically, it addresses the explanation of error in the Zoning Administrator's decision and the justification of the applicant's position. The Notice of Official Determination of Violation dated April 6, 2007, states that the site and activity are not in full compliance with all conditions of the special use permit approved July 3, 2002. This is incorrect, per the following: 1) Development of the site is in general conformity with the minor site plan amendment. The notice incorrectly states the minor site plan amendment as that dated July 18, 2000, but a revision was approved by the county on December 5, 2000. Accordingly, the relevant minor site plan amendment is that dated December 5, 2000, and the development of the site is in general conformity with that plan. (A copy of that site plan and the approval letter is attached hereto). The building location and size is in conformance with that shown on the December 5, 2000 amendment. Per the language of the special use permit, the buffer is required "only if modifications are made to the site." In any event, a 20 foot buffer between the property and Lot B is currently in existence. It should be noted that at one time the buffer was occupied by construction material for a retaining wall, but this is no longer the case. The retaining wall was constructed, but only because of a miscommunication between the applicants and the county regarding whether or not a retaining wall could be built. Once the misunderstanding was corrected, applicants removed the retaining wall. ATTACHMENT H AP- 2007 -002 Page 3 of 3 2) The fence has not yet been built because, on April 12, 2007, the county directed applicants to cease all current construction. Applicants had made inquiries with the county over a period of time regarding approval of fencing materials. Two days prior to receiving instructions to cease construction, applicants had received clearance from the county regarding the materials they selected. Because the order to stop work stands in effect, the fence has not been constructed, although applicants are prepared to begin construction at any time. Additionally, landscaping work was halted at the same time per the county's instruction. The applicants are prepared to complete the landscaping at any time. 3) The addition is not being occupied. The county has not yet issued a certificate of occupancy. The parking lot is complete, and was only temporarily reconfigured when the aforementioned retaining wall was removed, according to county instruction. A tree has been removed from the center area of the parking lot due to the fact that it was dead. With children in the immediate area on a daily basis, applicants did not want to take any chance that the tree might fall and injure someone. As set out above, applicants are in general conformity with the appropriate minor site plan amendment, that which is dated December 5, 2000, to the extent that they can be at this time. They are in the difficult circumstance that technically they do not have certain items completed, yet they are not permitted to remedy those items to come into compliance. The current circumstances stem largely from miscommunications between applicants and the county, and the ongoing delays in dialogue while applicants attempted to gain county advice on fencing materials, retaining walls, and other items. Applicants want nothing more than to remedy the outstanding issues in accordance with the December 5, 2000 minor site plan amendment and obtain the long- awaited certificate of occupancy for the building addition. I look forward to hearing from you on this matter. In the meantime, please do not hesitate to contact me if you have any questions. Sincerely yours, d a F. Smith r's email: jfsmith @paynehodous.com cc: Krzysztof and Barbara Sliwinski H W o '~ 0 c d o a 0 i 3 �VI o u, s_r .� v �Q kj tu R Y, U) ark o9 A� p tj 1 CIOII L a) .0 O N O U O Q a. C] N V) d J r x.067.19 S' � �', }M+7t�3 •� r} . r ll; , 11 IL v 5o_ s � °� x'1.5 �► -- �? 9 up N is a -• 2 C� m v wr 14� .§ i 8 hr'P. -n - s cr 66 vo rlt ��Pg lZ a u ?.I Al J a g Id �41 Jo IL 1,41H ic � I- 4j r7 lk 41 aitl 4ja Nzo C c) C) j U cq 4) 0 CL 2 0. 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SIC_ d CL 64-- 0 C/) 0 0 CU 0 U " 0 U- -.- - -i W o c zoo Uc°•�~ a C gloo JV LA GK O O N N A N V/ •Q V W ♦--� 0 / DRry� SK � ,�'" 'J = (D co 5� �' �'� G w� L is is mot` `i 4 RE 7- Vz G N o = Lj V- 40 le 2:1 IL CL IL LO •� J y t t N � Fib ` ly iu Cn 2 ti j Z t� ,-�. 3.9N_RY AN17 NIVHD Sur' o VA `IA "r 3AWn �' County of Albemarle - Department of Community Development Memorandum To: Barbara and Krys Slwynski From: Amelia McCulley, Zoning Administrator and David Pennock, Principal Planner Division: Zoning and Current Development Date: August 3, 2006 Subject: SDP 06 -055: Four Seasons Learning Center Minor Amendment — punch list for site compliance Mr. and Mrs. Slywinski: Thank you for the opportunity to meet with you on -site yesterday to discuss the remaining items that are pending in order for you to obtain a Certificate of Occupancy for the building addition and to abate the zoning violations on your property. The site must be built / improved according to a site plan which is approved by the County. Improvements such as fencing, parking, entrances and the like which exist on the ground must be shown and approved on a site plan. As we discussed, one course of action may be to pursue an amendment to the site plan waiver (last amended 12/5/2000) in order to reflect changes made to the site following approval of that site plan. Concurrent with this amendment, additional changes must be made to the property in order to construct those items that are shown on the site plan that have not yet been installed, thus bringing the site into compliance with an approved site plan. We understand that you hope to make the site plan revisions yourself and that you hope to use the 2000 site plan; however, resolution of some of these issues and questions may require the assistance of a professional engineer, surveyor or architect and a more detailed site plan. Either way, this amendment can be submitted as a revision to the minor amendment that was submitted in May of 2006, which is titled SDP 06 -055: Four Seasons Learning Center. We have summarized the outstanding site plan items as follows: Changes that must be made to the site plan: ❑ 1. First, verify that the previously approved site plan is accurate. There are discrepancies between the 2000 site plan and other plans that have been submitted. For example, the right -of -way for Lakeview Drive is indicated at 50 feet. However, other plans show the right -of -way as 60 feet. In addition, the accurate dimensions of the building addition must be shown on the plan. Both of these issues are critical for several reasons, such as to ensure that none of the required parking encroaches off of private property into the right -of -way. ❑ 2. Add all existing structures and similar improvements to the plan, which includes items such as: • a. new stairwell • b. retaining wall along the rear property line • c. accurate location of relocated retaining walls (see item #3(a) in "changes to be made to the site" below) and • d. fencing ❑ 3. The site plan currently indicates a wooden fence in several places. However, you have indicated that State licensing requirements mandate a chain -link fence for greater visibility. ATTACHMENT AP- 2007 -002 Page 1 of 2 Chances to be made to the site: 1. Please install appropriate landscaping between the parking areas and the right -of -way, as shown on the site plan waiver — most of the shrubs are currently specified as Glossy Abelia ( Abelia Grandiflora). 2. Ensure that the required parking spaces are provided on -site and marked with bumper blocks or appropriate striping. 3. Conversation with John Winn from the Virginia Department of Transportation (VDOT) indicates that there are some changes that will require permitting from VDOT (please consult with VDOT for specifics): a. Removal /reconstruction of the retaining wall that is currently within the right -of -way along Lakeview Drive. i. Grade, stabilize, and reseed appropriate slopes b. Modification of the frontage of the site along Lakeview Drive in order to achieve the one- way circulation through the site (as shown on the approved site plan waiver). In addition to the movement of the retaining walls, this will involve construction of the exit and the island between the entrance and exit, as well as possible modification to the existing entrance and installation of appropriate signs. c. Demonstration of sight distance from the entrance and exit. d. Obtain VDOT inspection and approval for all of the above mentioned work after its completion After the site plan has been approved and work has been completed, please call for a Final Zoning inspection. Please contact me in the Division of Zoning and Current Development at 296 -5832 ext. 3432 for further information. Thanks, David Pennock, AICP Principal Planner cc: John Winn John Simpson ATTACHMENT J AP- 2007 -002 Page 2 of 2 �� of .ac8�� a�a ATTACHMENT K AP- 2007 -002 `rRGIN1P COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 FAX (804) 972 -4126 TELEPHONE (804) 296 -5832 TTD (804) 972 -4012 August 20, 2001 Krzysztof Sliwinski or Barbara Kalemba - Sliwinski Four Seasons Leaming Center 3516 Doctors Crossing Charlottesville, VA 22901 RE: Appeal of Zoning Administrator's Determination Dear Mr. and Mrs. Shwinski: This letter is being sent as a courtesy to you in order to help you understand the ramifications of your actions. You were previously sent one violation letter that contained two separate violations. The first was regarding construction of a driveway that is not shown on the approved site plan. The second was for construction of a sign without an approved sign permit, possibly in violation of our sign setback regulations. You have appealed the driveway /site plan issue, but not the sign violation. You were given a deadline of June 27, 2001 by which to resolve both of these issues. Since the sign violation was not appealed, you must remove the sign from its current location or make application for the necessary sign permit so that we can determine if it complies with the setback and other regulations or not. To make application for a sign permit, please contact Sharon Bridges in this office. If you have questions regarding the regulations for signs, please contact John Grady, also here in Zoning. If we have not received an application or the sign has not been removed by Monday, August 27, we will file civil penalties. The initial penalty is $100.00. If the sign remains, the fine increases to $150.00 for every ten days that the sign is in violation. I will mention also that in doing my research for the appeal, I have found photographs in our files from 1985 that show there was no driveway onto Four Seasons Drive. I also have a letter from the previous owner stating that there was no driveway onto Four Seasons Drive for the period of time during which she was part owner, including up until she sold the property to you in December 1998. If you wish to withdraw your appeal now, we can refund your fee. However, once the legal advertisement is placed, no refund is available. The first advertisement is scheduled to run on September 3 so we would have to notify the newspaper no later than Friday, August 31. I will be happy to meet with you and discuss the appeal or the sign violation this week, however, I will be on annual leave next week. Please contact me quickly if you choose to take any action mentioned in this letter. Sincerely, Jan Sprinkle Chief of Zoning Administration CAdy DocumentslCurn:nt ReviewlLetterslMappeal.doc