HomeMy WebLinkAboutSP200700047 Legacy Document 2008-02-06COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SP 2007-47 Graceworks
SUBJECT/PROPOSAL/REOUEST:
Amend SP 2001-24 for an after school care program
STAFF CONTACT(S):
Cilimberg; McDowell
LEGAL REVIEW: No
AGENDA DATE:
February 13, 2008
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS:
Yes
REVIEWED BY:
Cilimberg
BACKGROUND:
The Planning Commission approved SP 2007-47 subject to the revision of a condition of approval (Condition
6.) recommended by staff related to a requirement for the applicant to obtain an Erosion and Sediment (E&S)
Plan for future grading over 10,000 square feet and/or for the excavation of a pond, and/or for the
construction of a dam. The Planning Commission acted in response to the applicant's concern that the
condition was unfair because land disturbing activities were not related to the after school program, but were
for other uses of the property. The applicant stated that the land disturbing activities that had taken place on
the property had been for agricultural purposes.
The Planning Commission asked that staff provide a revision to Condition 6. requiring a plan that showed the
locations of the children's activities. The requirements for E&S Plans would be in these areas only, as the
special use permit would only apply to after school program activities on the property. Thus, if the land
disturbing activities were for agricultural uses, they would not be subject to this condition.
Since the Planning Commission hearing, the applicant has submitted a concept plan depicting three areas on
the property showing the locations of the children's activities: fishing, garden, greenhouse, chicken coop,
basketball, animal husbandry, and vegetable production. (Attachment I). In addition to the plan, the applicant
submitted Graceworks brochures (Attachment II), a Farm Design Plan for Split Rock Farm (Attachment 111),
and e-mail correspondence between Sally Thomas, Jonathan Baker and Mark Hopkins dated January 25,
2008, January 29, 2008, and January 30, 2008 (Attachment IV). Since the Planning Commission, the
applicant has also requested that Condition 1. be changed to increase the number of children permitted to
attend the program from 10 to 14 to correspond with the number of seats in their van which they are required
by Condition 3. to use to transport children to and from the site (Attachment V).
DISCUSSION:
Initially, SP 2007-47 included one parcel, TMP 58-82. During the review of the Graceworks application, it
was found that the applicants owned other, adjacent parcels. At staff's suggestion, the applicant added these
parcels (TMP 58-76B and TMP 58-77) to the Graceworks application in order to allow the after school
program activities to occur on all three parcels without violating the special use permit. During the staff
review, the separation of specific areas for the owner's private use from other areas for the after school
program were not considered. However, with the Planning Commission's recommendation and the nature of
the special use permit, staff acknowledges that connecting the E&S Plan to after school program activities is
appropriate. It should be understood that land disturbing activities on the property not connected with the
after school program will be subject to the normal requirements of the County in the Rural Areas.
Staff has had an opportunity to review the concept plan submitted after the Planning Commission hearing and
found that it would require revision to include all the necessary components (school, agricultural, and features
such as ponds and roads) in one plan. The plan could be approved administratively.
Also, as previously noted, the applicant has requested that the number of children attending each day be
revised from 10 children to 14 children (Attachment V). The initial special use permit (SP 2001-24) approved
15 children enrolled in the program. Staff's recommended condition limiting the number of children
attending the program to 10 was a result of a discussion between staff and the applicant regarding attendance.
Staff has no objection to this increase to 14 children. However, Condition 1., as recommended by the
Planning Commission, reflects staff's original recommendation.
RECOMMENDATION:
Staff recommends approval of SP 2007-47 Graceworks, subject to the conditions of approval recommended
by the Planning Commission:
1. A maximum of 10 children shall be allowed on the site at any time.
2. A minimum of three adults shall supervise the children at all times.
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 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. ,
and/or- for-
exeava4ien of a pond, an&er- for- the eanstruetien of a dam, an Erosion & Sediffieftt pefmit shall be r-equir-
Within thirty (30) days after the date of approval of Special Use Permit 2007-00047, the applicant shall
submit a schematic concept plan of the property (the "Plan') in a form acceptable to the Director of
Planning that shows the existing and proposed locations of the improvements and activity areas of the school
and the existing and proposed locations of agricultural activities not related to the school, including
agricultural ponds, lakes, dams and roads. The improvements, scale and location of the improvements and
activity areas authorized by Special Use Permit 2007-00047 shall be in general accord with the Plan.
However, the Zoning Administrator may approve revisions to the Plan to allow compliance with the Zoning
Ordinance.
Should the Board agree that increasing the maximum number of children to 14 is acceptable, Condition 1. should
be changed to:
1. A maximum of 4-014 children shall be allowed on the site at any time.
ATTACHMENTS:
I Plan dated July 6, 1999, showing areas of children's activities (in green)
II Graceworks Brochures
III Farm Design Plan for Split Rock Farm
IV Correspondence between Sally Thomas, Jonathan Baker, and Mark Hopkins dated January 25, 2008,
January 29, 2008, and January 30, 2008
V Letter dated January 30, 2008, from Jonathan and Julie Baker
VI SP 2007-47 Graceworks Staff Report to Planning Commission (January 15, 2008)
VII SP 2007-47 Planning Commission Action Letter