HomeMy WebLinkAboutSP200700047 Legacy Document 2008-01-08COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: SP 2007-47 Graceworks
Staff: Joan McDowell, Principal Planner
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
January 15, 2008
February 13, 2008
Owner: Judith Bailes Baker
Applicant: Julie Baker
Acreage: 58.469
Special Use Permit: Section 10.2.2 (5) private
schools
TMP: TMP 58-82; TMP 58-76B;
Existing Zoning and By -right use:
TMP 58-77
RA -- Rural Areas: agricultural, forestal, and
fishery uses; residential density (0.5 unit/acre
Location: 1040 Owensville Road
Magisterial District: Samuel Miller
Conditions: Yes
DA (Development Area):
Requested # of Dwelling Units: NA
RA Rural Areas): X
Proposal: Amend SP 2001-24 for a private
Comprehensive Plan Designation: Rural Areas
school to expand the days of operation from 2
- preserve and protect agricultural, forestal, open
days/week to 4 days/week and to increase
space, and natural, historic and scenic resources/
enrollment
density (0.5 unit/ acre)
Character of Property: partially wooded, fields,
Use of Surrounding Properties: residential on
pond, stream, residences
varied sized lots, agricultural
Factors Favorable:
Factor Unfavorable:
1. The proposed additional children enrolled in
1. Land disturbing that is related to activities
the after school care program would provide a
for the children has resulted in stream
service to the community.
sedimentation.
2. The proposed additional days of operation
from two days per week to four days per week
would not compromise the integrity of the
community or the Rural Area.
3. No additional structures would result from the
proposed expansion.
RECOMMENDATION: Staff recommends approval of this Special Use Permit with conditions.
SP_2007_47_Graceworks_PC_Report
STAFF PERSON: Joan McDowell, Principal Planner Rural Areas
PLANNING COMMISSION: January 15, 2008
BOARD OF SUPERVISORS: February 13, 2007
Petition: PROJECT: SP 2007-47 Graceworks Expansion
PROPOSED: Amend SP 2001-24 to expand after school care from 2-days/week to
4-days/week; increase enrollment (max. 10 per day); on three parcels with total of
58.469 acres
ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural,
forestal, and fishery uses; residential density (0.5 unit/acre)
SECTION: 10.2.2.(5) Private Schools
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and
protect agricultural, forestal, open space, and natural, historic and scenic resources/
density ( .5 unit/ acre)
ENTRANCE CORRIDOR: No
LOCATION: 1040 Ownesville Road (Route 678), west of Andrew Lane
TAX MAP/PARCEL: TMP 58-82; TMP 58-7613; TMP 58-77
MAGISTERIAL DISTRICT: Samuel Miller
Character of the Area: The area is characterized by a mixture of residences,
wooded areas, streams, and agricultural fields. The Meriwether Hills subdivision in
located on the opposite side of Owensville Road and the Lewis Hill West
subdivision is location on the north side of the property.
Specifics of the Proposal: The applicant has requested approval of an amendment to SP
2001-24 Baker After School Care, allowing a private school after school program for two
days per week between the hours of 2:30 PM and 5:30 PM for a total of 15 underprivileged
children. The children are transported to the site by a privately owned van or by a school bus
on its regular route and they are taken home by van. The children participate in the care of
farm animals, riding, crafts, swimming and other activities under adult supervision.
With the current application, SP 2007-47 Graceworks, the applicant originally requested an
increased enrollment to allow "an additional 10 disadvantaged kids." The 10 additional
children would potentially increase the enrollment from 15 (allowed with SP 2001-24) to 25
children. However, the applicant clarified the request by explaining that the school has never
had more than 10 children attending at a time and is not requesting more than 10 children at a
time. Therefore, the applicant is not requesting an enrollment that would increase the daily
attendance, but she would like to increase the enrollment in conjunction with the additional
two days per week they have requested, in order to serve additional children. When
reviewing the potential impacts of this after school operation, staff determined that that the
potential for impacts would not result from the number of children enrolled but, instead, the
potential for impacts would be due to the number of children attending each day. Therefore,
the condition of approval (number 1) has been rewritten to address the daily attendance and
reference to the enrollment has been removed. The total number of children to be served is
not known, but the number of children at the site would be a maximum of 10 children.
No additional structures would result from the proposed expansion.
Planning and Zoning History:
SP_2007_47_Graceworks_PC_Report 2
Commercial Entrance — A commercial entrance was required by Virginia
Department of Transportation when a commercial riding / boarding stable was
contemplated by the property owner. The commercial entrance was constructed, but
the commercial stable was not and is not under consideration at this time.
SP 2001-24 Baker After School — approval of a private school after school operation
for 15 children, 2 -days per week. The conditions of approval are included in the
conditions recommended with SP 2007-47 Graceworks.
Conformity with the Comprehensive Plan: Comprehensive Plan designates the
subject property as Rural Areas emphasizing the preservation and protection of
agricultural, forestal, open space, and natural, historic and scenic resources as land
use options. The after school care provides an exposure for children to the County's
rural areas and gives them experiences with agricultural activities.
STAFF COMMENT:
Staff addresses each provision of Section 31.2.4.1 of the Zoning Ordinance:
31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a
finding by the Board of Supervisors that such use will not be of substantial
detriment to adjacent property,
The after school care program has not received any zoning complaints since its
inception in 2001. However, land disturbance activities related to building ponds,
fields, and roads have resulted in erosion that precipitated neighbor complaints.
Since the land disturbances were claimed as agricultural activities, they were exempt
from the County's Water Protection Ordinance. Recent site visits have confirmed
the extent of the ongoing grading activities. No evidence was observed to indicate
that the ponds and fields have any existing commercial agricultural use. The
applicant has indicated that they are considering planting orchards in some of the
graded areas. However, the graded areas appear to be an integral part of recreational
activities for the residences and the school. Staff has offered a condition of approval
that would link future land disturbing activities with a requirement to obtain County
Erosion and Sediment Control permits, a mechanism that would provide mitigation
for any more stream buffer disturbances. In addition, the County would be able to
assist the property owners with appropriate E & S practices, prior to their
commencement. These E & S mitigation measures would also give the children an
opportunity to learn more about methods of protecting our water supply.
that the character of the district will not be changed thereby and
The number of children attending each day would remain at the existing 10 children.
As the transportation for the children will be provided by private van and most of
the activities are be on the interior of the parcel, the additional days of operation are
not anticipated to adversely affect the district.
that such use will be in harmony with the purpose and intent of this ordinance,
Section 18, Chapter 10 of the Zoning Ordinance outlines the purpose of Rural Areas
zoning: "This district (hereafter referred to as RA) is hereby created and may
hereafter be established by amendment of the zoning map for the following
purposes:
-Preservation of agricultural and forestal lands and activities;
-Water supply protection;
-Limited service delivery to the rural areas; and
SP_2007_47_Graceworks_PC_Report 3
-Conservation of natural, scenic, and historic resources. (Amended 11-8-89)"
The additional days of operation would continue to allow a use on the property that
would provide opportunities for children to experience the rural countryside and
agricultural activities. The children also participate in the planting, tending, and
harvesting of a garden located near the "barn" building. The applicant has indicated
that they may be planting fruit trees in the future.
A condition of approval is offered to mitigate impacts of future land disturbing
activities.
with uses permitted by right in the district,
The proposed four days of operation would not impact the by- right uses in the RA
district.
with the additional regulations provided in section 5.0 of this ordinance,
There are no regulations in section 5.0 of the Zoning Ordinance that apply to private
schools.
and with the public health, safety and general welfare.
The children are transported to and from the site by private van, thereby, limiting the
number of vehicle trips to the site. A commercial entrance has been installed by the
property owner. The Health Department and the Virginia Department of
Transportation did not offer any objections to this application.
SUMMARY:
Staff has identified the following factors favorable to this application:
1. The proposed additional children enrolled in the after school care program would provide
a service to the community.
2. The proposed additional days of operation from two days per week to four days per week
would not compromise the integrity of the community or the Rural Area.
3. No additional structures would result from the proposed expansion.
Staff has identified the following factor unfavorable to this application:
1. Land disturbing that is related to activities for the children has resulted in stream
sedimentation.
RECOMMENDED ACTION:
The amendments to the conditions approved with SP 2001-24 Baker After School
Care Program are reflected by underlines to identify additional language and
strikethroughs to identify deletions.
Based on the findings contained in this staff report, staff recommends approval of
SP 2007-47 Graceworks Expansion, subject to the following conditions.
I. The maxim -um number- of ehildr-ea eafelied in the private sehool shall fiet exeeed 15 at
a*y ti +i,—A maximum of 10 children shall be allowed on the site at an,, time.
2.A minimum of Tthree adults shall supervise the children at all times.
SP_2007_47_Graceworks_PC_Report 4
3. The children shall be transported to and from the property as a group. The pick up and
drop off of individual children shall not be permitted except for medical, family and
weather-related emergencies.
4. The days of operation shall be limited to two four days per week, Monday through
Thursday, and the hours of operation shall be limited to 2:30 P.M. to 5:30 P.M. on the
days of operation.
5. Expansion of the facilities for the private school shall require an amendment to this
special use permit.
6.Approval by the Health Department for the private school shall be required prior- to
eommeneement of the private sehool.
Prior to all earth disturbing activities 10,000 square feet or greater, and/or for the
excavation of a pond, and/or for the construction of a dam, an Erosion & Sediment permit
shall be required.
ATTACHMENTS
Attachment A — SP 2007-47 Graceworks application
Attachment B — Location map
Attachment C — Site photographs
Attachment D - SP 2001-24 Baker After School Care staff report with conditions
of approval
SP_2007_47_Graceworks_PC_Report 5