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HomeMy WebLinkAboutSP202100012 Review Comments Special Use Permit 2021-07-02COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 July 2, 2021 Dr. Dolores Carr P.O. Box 7203 Charlottesville, VA 22906 dcarr(a)etcnow.org RE: SP202100012 Education Transformation Centre Dear Dr. Carr: Staff has reviewed your initial submittal for a Special Use Permit for a private school use in the Rural Area on Earlysville Road. We have some questions and comments which we believe should be resolved or included as conditions of approval before your proposal goes to public hearing. We would be glad to meet with you to discuss these issues. Our comments are provided below. Comments are organized as follows: A. Comments on the Special Use Permit B. How the proposal relates to the Comprehensive Plan C. Additional comments from reviewers D. Additional information A. Special Use Permit 1. Parking. Parking on this parcel is informed by a site plan that was approved in October 1988 (SDP198800069). A site visit to the property found that the existing parking does not match the approved parking area shown on the site plan. The approved plan provides 69 parking spaces, surfaced by a combination of paving (36 parking spaces) and stone base (33 parking spaces). The site today provides only 31 marked, paved parking spaces, which includes 3 handicap -accessible spaces. As such, it isn't known whether both uses — church and private school — can be supported by the existing parking area, particularly at the threshold proposed in the narrative, which references greater than 150 people, particularly on an environmentally -sensitive parcel. Staff, therefore, request a Parking Needs Study be submitted for staff review. The Study should identify parking needs associated with both uses and show how those needs will be accommodated on the site. This includes parking for church- and school -related activities throughout the week, such as staff parking, after -hour school conferences/trainings and events, events related to funerals and weddings, fundraisers, choir practice, summer programs (under the church or private school), etc. The Study will be reviewed by the Zoning Administrator. (Note: Section 4.12.6 of the zoning ordinance addresses the minimum number of parking spaces required for specific uses, religious assembly and schools. However, language in the ordinance includes provisions to allow the Zoning Administrator to determine the appropriate number of parking spaces for both uses.) 2. Ingress/Egress. Review of VDOT and Transportation Planning staff identified that a Design Waiver is needed in lieu of providing a turn -lane. Staff are concerned that the use will negatively impact traffic on Earlysville Rd during peak travel hours. How do you intend to mitigate this impact? Options may be procedural or physical in nature, such as off-peak hours of transportation, hours the site will be accessed, staggered drop off/pick up, hours of operation, whether students will be transported to the site via group travel (buses, carpooling) exclusively or whenever possible, etc. 3. Application type. Language in the project narrative under the section that addresses consistency with the comprehensive plan references this application as a rezoning instead of a special use permit (e.g. a use that is being added to the current uses permitted on the site). Please confirm that you wish to pursue a special use permit to approve this use. Feel free to reach out to staff if you would like to have a follow-up discussion. This can be done via email. B. Comprehensive Plan Initial comments on how your proposal generally relates to the Comprehensive Plan are provided below. Comments on conformity with the Comprehensive Plan are provided to the Planning Commission and Board of Supervisors as part of the staff report. The Rural Area Chapter (Chapter 7) of the Comprehensive Plan designates this parcel, TMP 45-31 D, for Rural Area land uses. The intent of the Rural Area designation is to allow uses that preserve and protect agricultural, forestal, open space, and natural, historic, and scenic resources; and also to allow residential uses at a density of up to 0.5 acres per dwelling unit. The Comprehensive Plan does not specifically address schools located in the Rural Areas, however staff find the proposed private school use to be consistent with the intent of Rural Areas in the following ways: supporting education, providing a resource for County residents, not contributing or enabling the suburbanization of land in the Rural Areas, complimentary of other uses in the Rural Area. C. Additional Comments from Reviewers Planning Comments The following comments related to planning matters have been provided by Mariah Gleason, mgleasonCcD_albemarle.org: 1. Advisory Comment: Any accessory structure(s) for the private school, including those associated with outdoor play or outdoor classrooms, must be consistent with the setback regulations for Rural Areas contained in Sec. 10.4. Note, "structure" is defined by the zoning ordinance as "...anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground." 2. Advisory Comment: Additional comments or questions may be provided after the Community Meeting is held. These additional comments or questions will be based upon the discussion and any concerns or issues that are raised by nearby residents and property owners and the CAC members at this meeting. 3. Advisory Comment: Please keep in mind, approval of the special use permit in no way implies approval of any waiver or modification to any standards. 4. Advisory Comment: Should the special use permit be approved, the private school use cannot commence without the appropriate building permits and zoning clearances. In order to address the impacts generated by this proposal staff will recommend conditions. While the language of these potential conditions has not been developed the potential conditions include: 1. Limitation on development associated with the private school use (e.g. to remain in accordance with the approved site plan for the property) 2. Limitation on enrollment 3. Possible limitation on hours of operation 4. Possible limitation on how students are transported to/from the site Zoning The Deputy Zoning Administrator, Francis MacCall fmaccall(a)albemarle.org, has no objections to this proposal. Engineering The County Engineer, Frank Pohl, fpohl(&albemarle.org, has no objections to this proposal. Building Inspections The Building Inspections reviewer, Betty Slough, bslougho_albemarle.org, has no objections to this proposal. Fire/Rescue The Fire/Rescue reviewer, Howard Lagomarsino, hlagomarsinoe-albemarle.org has no objections to this proposal. Virginia Department of Health (VDH) Comments from the VDH reviewer, Josh Kirtley, ioshua.kirtley(a-)-vdh.virginia.gov, have not yet been received. Once received, staff will promptly forward them to you. If VDH staff have no issues with the proposal, then no further action related to this aspect will be requested. If there are concerns, revisions to the proposal or additional information may be requested, or those aspects may be recommended as conditions of approval for the special use permit. Virginia Department of Transportation (VDOT) Please see the attached letter from Adam Moore, adam.mooreo_vdot.virginia.gov, regarding comments on this proposal. Planning - Transportation The Transportation Planning reviewer, Daniel Butch, dbutch(a-)-albemarle.org, has the following comments: 1. In review of the turn lane analysis and recommendations, transportation planning staff requests the applicant follow VDOT's Design Waiver process and standards in submission of a Design Waiver. Natural Resources The Natural Resources Manager, Kimberly Biasiolli, kbiasiolli(a)-albemarle.org, has no objections to this proposal. Additional Information SP Conditions Staff has not fully drafted conditions to date for this special use permit, due to the potential changes and additional information requested. Once conditions are drafted, staff will send them to you. Summary of potential proposed conditions: 1. The private school use must take place within the existing church building except for outdoor play and outdoor classrooms. 2. Maximum student enrollment for the private school use cannot exceed 24 students. 3. Hours of operation for the private school use will be ---, except for occasional private school -related events may occur after ---. 4. Private school uses cannot commence on the site without written approval of the proposed septic facilities from the Virginia Department of Health. Action after Receipt of Comments This application has been tentatively scheduled for Planning Commission public hearing for August 24, 2021, which is within 90 days after submittal. However, staff recommends that you resubmit your application, which would require deferral. Staff will work with you to choose a Planning Commission date for public hearing. Resubmittal If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal. The resubmittal date schedule and other related resources are provided for your convenience online at: https://www.aIbemarle.org/qovernment/community-development/apply-for/planning-and- site-development-applications Notification and Advertisement Fees Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a new date. Community Meeting Prior to requesting a public hearing with the Planning Commission and Board, a community meeting must be held in accordance with Zoning Ordinance Section 18- 33.37. Staff will work with you to schedule a community meeting. Feel free to contact me if you wish to meet or need additional information. My email address is mgleason(a)albemarle.org. Sincerely, kdu4* Mariah Gleason Urban Designer/Senior Planner II, Community Development Department enc: Att. 1: VDOT Comment Letter Att. 2: Action After Receipt of Comments Att. 3: Resubmittal Schedule Att. 4: Resubmittal Form COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION Stephen C. Brich, P.E. 1401 East Broad Street (804) 7862701 Commissioner Richmond, Virginia 23219 Fax: (804) 786.2940 June 17, 2021 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: Mariah Gleason Re: Education Tranformation Centre — Special Use Permit SP-2021-00012 Review # 1 Dear Ms. Gleason: The Department of Transportation, Charlottesville Residency Transportation and Land Use Section, has reviewed the above referenced plan as prepared by Old Dominion Engineering, dated 13 May 2021, and offers the following comments: 1. Based on the turn -lane warrant analysis and the recommendations therein, this project will require a Design Waiver which includes what a turn -lane looks like on this site if built, how the street would operate without a turn -lane, and how the lack of a tum-lane will be mitigated. 2. Note that the final plan must show conformance with the VDOT Road Design Manual Appendices B(1) and F, as well as any other applicable standards, regulations or other requirements. Please provide a digital copy in PDF format of the revised plan along with a comment response letter. If further information is desired, please contact Doug McAvoy Jr. at (540) 718-6113. A VDOT Land Use Permit will be required prior to any work within the right-of-way. The owner/developer must contact the Charlottesville Residency Transportation and Land Use Section at (434) 422-9399 for information pertaining to this process. Sincerely, Adam J. Moore, P.E. Area Land Use Engineer Charlottesville Residency VirginiaDOT.org WE KEEP VIRGINIA MOVING DEPARTMENT OF COMMUNITY DEVELOPMENT ACTION AFTER RECEIPT OF COMMENT LETTER FIRST SET OF COMMENTS Your project has been scheduled for a public hearing by the Planning Commission for August 24, 2021, which is 90 days from the date your application was accepted for review. State Code requires a 90-day review by the Planning Commission unless the applicant requests deferral. As you will read in this comment letter, staff recommends changes to your project to help you achieve approval. Without these changes, staff cannot recommend approval to the Planning Commission. If you need more time to make these changes, and if you prefer to move forward to the Planning Commission with a recommendation for approval, you must request deferral. If you choose not to request deferral, staff will take your project to the Commission as originally submitted, but without a recommendation of approval. Instructions for requesting a deferral are outlined below. Within one week please do one of the following: (1) Request deferral, as required by Section 33.11, if you will resubmit, but would like to receive comments on the revised submittal, and understand the Planning Commission date will be later than August 24, 2021 (2) Proceed to Planning Commission public hearing on August 24, 2021 (3) Withdraw your application (1) Deferral requested To request deferral, you must submit a request in writing to defer action by the Planning Commission and Board of Supervisors. The request may be made by email. Please note that your request for deferral may not be accepted and the County may retain the initial scheduled hearing date. If your request for deferral is accepted the application will be deemed withdrawn if the application is not reactivated within six months of the request for deferral or within 32 months from the time the application was determined or deemed complete. (2) Proceed to Planning Commission Public Hearing on August 24, 2021 At this time, you may request that your application proceed to public hearing with the Planning Commission on August 24, 2021. With this option no additional documents will be accepted, and staff will take your project to the Commission as originally submitted, but without a recommendation of approval. Revised 9-17-19 MCN (3) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. Failure to Respond An application shall be deemed to be voluntarily withdrawn if the applicant requests deferral pursuant to subsection 33.11 and fails to provide within 90 days before the end of the deferral period all of the information required to allow the Board to act on the application, or fails to request a deferral as provided in subsection 33.11(D). Fee Payment Fees paid in cash or by check must be paid at the Community Development Intake Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the Review Coordinator. Fees may also be paid by credit card using the secure online payment system, accessed at http://www.albemarle.org/department.asp?department=cdd&relpage=21685. Revised 9-17-19 MCN Resubmittal of information for Special Use Permit PROJECT NUMBER THAT HAS BEEN ASSIGNED: SP202100012 Education Transformation Centre Owner/Applicant Must Read and Sign I hereby certify that the information provided with this resubmittal is what has been requested from staff Signature of Owner, Contract Purchaser Date Print Name Daytime phone number of Signatory FEES to be paid after application For original Special Use Permit fee of $2,366 ❑ First resubmission (TO BE PAm WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) Free ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,183 ❑ Technology surcharge + 4% For original Special Use Permit fee of $1,183 ® First resubmission (TO BE PAm WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) Free ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $592 ❑ Technology surcharge + 4% FOR OFFICE USE ONLY Fee Amount $ Date Paid By who? Receipt # Ck# By: 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 7/l/2021 Page 1 of 1 2021 Submittal and Review Schedule Special Use Permits and Zoning Map Amendments Resubmittal Schedule Resubmittal Dates (1st and 3rd Monday of the month) Comments given to the Applicant Applicant requests PC Public Hearing AND Payment Due for Legal Ad (no additional resubmittals) Planning Commission Public Hearing No sooner than* Monday Wednesdav Friday Tuesday Jan 04 Feb 03 Feb 05 Mar 02 Tues Jan 19 Feb 17 Feb 26 Mar 23 Feb 01 Mar 03 Mar 12 Apr 06 Feb 15 Mar 17 Mar 26 Apr 20 Mar 01 Mar 31 A r 09 May 04 Mar 15 Apr 14 Apr 23 Ma 18 Apr 05 May 05 May 07 Jun 01 Apr 19 May 19 May 21 Jun 15 May 03 Jun 02 Jun 11 Jul 06 Ma 17 Jun 16 Jun 25 Jul 20 Jun 07 Jul 07 Jul 09 Aug03 Jun 21 Jul 21 Jul 30 Aug24 Tues Jul 6 Aug04 Aug13 Sep 07 Ju119 Aug18 Aug27 Sep 21 Aug02 Sep 01 Sep 10 Oct 05 Aug16 Sep 15 Se 24 Oct 19 Tues Sep 7 Oct 06 Oct 08 Nov 02 Sep 20 Oct 20 Oct 22 Nov 16 Oct 04 Nov 03 Nov 12 Dec 07 Oct 18 Nov 17 Nov 19 Dec 14 Nov 01 Dec 01 Dec 17 Jan 11 2022 Nov 15 Dec 15 Tues Dec 22 Jan 18 2022 Dec 06 Jan 05 2022 Jan 07 2022 Feb 01 2022 Dec 13 Jan 12 2022 Jan 21 2022 Feb 15 2022 Bold italics = submittal/meeting, day is different due to a holiday. Dates with shaded background are not 2021. 2022 dates are tentative. `Public hearing dates have been set by the Planning Commission, however, if due to unforeseen circumstances the Planning Commission is unable to meet on this date, your project will be moved to the closest available aaenda date.