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HomeMy WebLinkAboutSP202200017 Staff Report 2023-02-15COUNTY OF ALBEMARLE TRANSMITTAL TO THE BOARD OF SUPERVISORS SUMMARY OF PLANNING COMMISSION ACTION SP202200017 Maple Grove Day Care Center SUBJECT/PRO POSAL/REQU EST: A request for a special use permit under Section 18-13.2.2 to use existing space within the Maple Grove Christian Church for a child day center for up to 50 children ages 0-5. The proposed child day center plans to use the existing building and parking area while operating from 7:00am to 6:00pm Monday through Friday year-round except for nationally recognized holidays. SCHOOL DISTRICT: Baker -Butler Elementary, Lakeside Middle, Albemarle High February 15, 2023 STAFF CONTACT(S): Filardo, McDermott, Ragsdale, McCollum PRESENTER(S): Kevin McCollum, Senior Planner BACKGROUND: At its meeting on November 29, 2022, the Planning Commission (PC) voted 6:0 to recommend approval of SP202000017 for the reasons and with the conditions stated in the staff report, with a revision to condition 4 to allow hours of operation to be extended from 5:30pm to 6:00 pm. Attachments A, B, and C are the PC staff report, action letter, and meeting minutes. DISCUSSION: The PC raised no objections to the request for a special use permit but did ask a few clarifying questions. No members of the public spoke at the public hearing on this proposal. The Commission raised questions regarding the proposed hours of operation and staffs recommended conditions. There were concerns that the initial condition recommended did not allow enough time for concern parent pick-up in the evening. The applicant is supportive of the change to condition 4. Updated conditions of approval to reflect the change in typical hours of operation, along with non -substantive revisions by the County Attorney's Office, are listed below: 1. Development of the use must be in general accord with the conceptual plan. To be in general accord with the Conceptual Plan, development must reflect the following major elements within the development essential to the design of the development. a. Location of buildings, day care, and playground areas. b. Location of parking areas. c. Site access including pick-up and drop-off locations Minor modifications to the plan that do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance or improve safety. 2. Signage for pick-up and drop-off location and circulation may be required at the time of Zoning Clearance to ensure safe vehicular circulation. 3. Enrollment may not exceed fifty (50) children/students per day. 4. The hours of operation for the child day center may not exceed 7:00am-6:00pm Monday through Friday. 5. Upon the demand of the County, the owner(s) must dedicate sufficient right-of-way adjacent to Proffit Road, along the full length of the property, for a multi -use path built to County and VDOT specifications. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution (Attachment D) to approve SP202200017 Maple Grove Day Care Center with conditions. ATTACHMENTS: A — November 29, 2022 Planning Commission Staff Report At: Existing Conditions and Context Map A2: Application Narrative A3: Concept Plan B — November 29, 2022 Planning Commission Action Letter C — November 29, 2022 Planning Commission Minutes D — Resolution to Approve SP202200017 Maple Grove Day Care Center OP At& �RGINl ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Proposal: SP202200017 Maple Grove Day Staff: Kevin McCollum, Senior Planner Care Center Planning Commission Public Hearing: Board of Supervisors Hearing: TBD November 29, 2022 Owner: Maple Grove Christian Church Applicant: Jeffrey Ange, Maple Grove Christian Church Acreage: 6.86 acres Special Use Permit for: Child Day Center TMP: 03200-00-00-029DO By -right use: R-1 Residential. Residential Location: 3212 Proffit Rd uses at a density of 1 unit/acre. Magisterial District: Rivanna Conditions: Yes EC: No Proposal: A request for a special use permit Comp. Plan Designation: Urban Density under Section 18-13.2.2 to use existing space Residential — residential (6.01 — 34 units/ within the Maple Grove Christian Church for a acre); supporting uses such as religious child day center for up to 50 children ages 0-5. institutions, schools, commercial, office and The proposed child day center plans to use the service uses in the Community of Hollymead existing building and parking area while in the Places29 Master Plan. operating from 7:00am to 5:30pm Monday through Friday year-round except for national holidays. DA (Development Area): Community of Requested # of Dwelling Units: 0 Hollymead in the Places29 Master Plan Character of Property: The site is home to an Use of Surrounding Properties: A majority existing 18,000 square foot church building of the surrounding properties are single family currently used by the Maple Grove Christian residential uses. The properties to the west Church. The parcel includes existing parking include the Lighthouse Christian Church and areas, two playgrounds, a basketball court, a Preschool, Bright Beginnings Preschool, and a youth center building in the rear, and a variety of commercial uses along US 29N. To parsonage building in the front. the east is mostly residential with some Rural Areas uses to the northeast. Positive Aspects: Concerns: 1. The proposed use is consistent with the 1. None. Places29 Master Plan 2. The proposal provides a day care option for people who live and work in the area. 3. No detrimental impacts to adjoining properties are anticipated. Recommendation: Staff recommends approval of SP202200017 Maple Grove Day Care Center with conditions. SP202200017 Maple Grove Day Care Center Planning Commission I November 29, 2022 Pagel of 6 STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: PETITION: Kevin McCollum, Senior Planner November 29, 2022 TBD PROJECT: SP202200017 Maple Grove Day Care Center MAGISTERIAL DISTRICT: Rivanna TAX MAP/PARCEL: 03200-00-00-029DO LOCATION: 3210 Proffit Rd PROPOSAL: Special use permit request for a child day center. PETITION: A request for a special use permit under Section 18-13.2.2 to use existing space within the Maple Grove Christian Church located at 3210 Proffit Rd which measures 6.86 acres for a child day center for up to 50 children ages 0-5. The proposed child day center plans to use the existing building and parking area while operating from 7:00am to 5:30pm Monday through Friday year-round except for national holidays. ZONING: R-1 Residential - 1 unit/acre ENTRANCE CORRIDOR: No OVERLAY DISTRICT: AIA Airport Impact Area, Steep Slopes - Managed COMPREHENSIVE PLAN: Urban Density Residential — residential (6.01 — 34 units/ acre); supporting uses such as religious institutions, schools, commercial, office and service uses in the Community of Hollymead in the Places29 Master Plan. CHARACTER OF SURROUNDING AREA: The subject property is located about 1500 feet east of US 29 (Seminole Trl) at 3212 Proffit Rd. The site is home to an existing 18,000 square foot church building currently used by the Maple Grove Christian Church. The parcel includes existing parking areas, two playgrounds, a basketball court, a youth center building in the rear, and a parsonage building in the front (Attachment 1 — Existing Conditions and Context Map). A majority of the surrounding properties are residential with single family residential uses. The properties to the west include the Lighthouse Christian Church and Preschool, Bright Beginnings Preschool, and a variety of commercial uses along US 29N. To the east is mostly residential with some Rural Areas uses to the northeast. PLANNING AND ZONING HISTORY: The Church has been in operation on this parcel since 1984 when they received a special use permit for the use. SP198400040 was approved on July 23, 1984. The church amended their original special use permit to expand their facilities in 2002. SP200200009 was approved June 27. 2002. The site has been developed in accord with approved site development plans since the 1990s, the most recent being SDP200200096 Maple Grove Christian Church Final. DETAILS OF THE PROPOSAL: The applicant has requested a special use permit for a five -day -a -week day care center at its existing church facility (Attachment 2). The request is for a child day center for up to 50 children. The proposed day care program would operate from 7:OOam to 5:30pm Monday through Friday year-round except for national holidays. The child day center would utilize the existing building, parking areas, playgrounds, and basketball court for the use. The concept plan (Attachment 3) provides an overview of the site layout and shows the proposed parent pick-up and drop-off loop. SP202200017 Maple Grove Day Care Center Planning Commission I November 29, 2022 Page 2 of 6 COMMUNITY MEETING: The required community meeting for the proposal was held with the Places29 North Community Advisory Committee (CAC) on Thursday, October 13, 2022. The applicant shared details and answered questions regarding the proposal to the CAC and members of the public who were present. Overall, the neighbors supported the project, but there were some concerns about traffic along Proffit Rd. The Applicant stated that there is a dedicated turn lane into the property along Proffit Rd. The Applicant added that they hoped the daycare enrollees are current church members or from the area and expressed they did not want to add more traffic to the area. ANALYSIS OF THE SPECIAL USE PERMIT REQUEST: Special Use Permits are evaluated under reasonable standards, based on zoning principles which include the proposal's compliance with the Comprehensive Plan. Any impacts caused by the proposal may be addressed through conditions which must be reasonably related and roughly proportional to the impacts. Section 33.8(A) states that the Commission, in making its recommendation, shall consider the following factors: 1. No substantial detriment. Whether the proposed special use will be a substantial detriment to adjacent parcels. Given the size, hours of operation, and use of existing facilities, there will be no substantial detriment to adjacent parcels. The use will add some additional vehicle trips along Proffit Rd. As the Applicant stated in the community meeting, there is an existing turn lane along Proffit Rd as you are traveling east to the site from 29. VDOT has reviewed the proposal and has provided no objections. Currently, there are no sidewalk or paths to allow safe pedestrian access to the proposed daycare. The Places 29 Master Plan calls for a multi -use path separated from the roadway by landscaped strips along Proffit Road from Worth Crossing to Pritchett Lane. The multi- use path would provide a safe option for daycare attendees/students and their families who walk and/or bike to the daycare, reducing vehicle trips. While County Code Sec. 32.7.2.3.a, would require the construction of sidewalks in the event a site development plan is required. There are no site changes proposed with the daycare that would require a stie plan. Staff has recommended the applicant commit to the future dedication of right-of-way adjacent to Proffit Road, to run the full length of the property, sufficient to build a multi -use path to County and VDOT specifications. This is included in the draft conditions of approval. Based on VDOT's review and Transportation Staffs recommendations, Staff believes the proposed day care center will have no significant substantial impacts on traffic along Proffit Rd. The future multi -use path will provide a safe and comfortable transportation option for day care attendees in the future. 2. Character of the nearby area is unchanged. Whether the character of the adjacent parcels and the nearby area will be changed by the proposed special use. The character of the district is not anticipated to change with the proposed child day center. There are no significant changes to the buildings or site proposed. The use will mostly occupy interior space within the existing building and the playground area. SP202200017 Maple Grove Day Care Center Planning Commission I November 29, 2022 Page 3 of 6 3. Harmony. Whether the proposed special use will be in harmony with the purpose and intent of this chapter, The proposed child day center is expected to be in harmony with the area. with the uses permitted by right in the district, The proposed child day center would not affect by -right uses in the district on this property or adjacent properties. with the regulations provided in Section 5 as applicable, The proposed child day center will be subject to the regulations in Section 5.1.06 child day centers. Sec. 5.1.06 - Child day centers. Each child day center shall be subject to the following: State licensure. Each child day center shall acquire and maintain the required licensure from the Virginia Department of Social Services. The owner or operator of the child day center shall provide a copy of the license to the zoning administrator. The owner or operator's failure to provide a copy of the license to the zoning administrator shall be deemed to be willful noncompliance with the provisions of this chapter. b. Inspections by fire official. The Albemarle County fire official is authorized to conduct periodic inspections of the child day center. The owner or operator's failure to promptly admit the fire official onto the premises to conduct an inspection in a manner authorized by law shall be deemed to be willful noncompliance with the provisions of this chapter. c. Relationship to other laws. The provisions of this section are supplementary to all other laws and nothing herein shall be deemed to preclude application of the requirements of the Virginia Department of Social Services, Virginia Department of Health, Virginia State Fire Marshal, or any other local, state or federal agency. and with the public health, safety, and general welfare. The public health, safety, and general welfare of the community are protected through the special use permit process, which assures that the proposed use is appropriate in the location requested. Transportation Planning, Engineering, Zoning, Fire -Rescue, VDH, and VDOT have all reviewed this application and have provided no objections. Specifically, regarding traffic impacts, parent pick up and drop off has been evaluated by Transportation Planning Staff and VDOT who have provided no objections. If the special use permit is approved, a Zoning Clearance is required by the ordinance prior to commencing the day care use. This process will ensure that all special use permit conditions are verified, and all necessary building and fire inspections have been passed, along with state licensure. 4. Consistency with the Comprehensive Plan. Whether the proposed special use will be consistent with the Comprehensive Plan. SP202200017 Maple Grove Day Care Center Planning Commission I November 29, 2022 Page 4 of 6 The Places29 Master Plan, within the Comprehensive Plan, designates this property as Urban Density Residential. This designation is used in areas around Centers where multifamily housing with a gross density range between 6.01 and 34 units per acre is desired. It is also applied to existing residential areas with densities within this range. Primary uses within this land use designation include multifamily and single family residential, including two or more housing types. Secondary uses may include retail, commercial, and office uses that support the neighborhood, live/work units. Since the church and day care use is considered a secondary use that will help support the neighborhood, Staff believe the proposed special use permit is consistent with the Comprehensive Plan. Since no physical improvements to the site are proposed, a detailed Neighborhood Model Analysis has not been done by staff. SUMMARY: Positive Aspects: 1. The proposed use is consistent with the Places29 Master Plan 2. The proposal provides a day care option for people who live and work in the area 3. No detrimental impacts to adjoining properties are anticipated. Staff has no concerns with this request. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of the special use permit application SP202200017 Maple Grove Daycare Center with the following conditions: SP202200017 Maple Grove Day Care Center Planning Commission I November 29, 2022 Page 5 of 6 1. Development of the use must be in general accord with the conceptual plan. To be in general accord with the Conceptual Plan, development must reflect the following major elements within the development essential to the design of the development. a. Location of buildings, day care, and playground areas. b. Location of parking areas. c. Site access including pick-up and drop-off locations Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance or improve safety. 2. Signage for pick-up and drop-off location and circulation may be required at the time of Zoning Clearance to ensure safe vehicular circulation. 3. Enrollment may not exceed fifty (50) children per day. 4. The hours of operation for the child day center may not exceed 7:00am-5:30pm Monday through Friday. 5. At the request of the County, future dedication of right-of-way adjacent to Proffit Road, to run the full length of the property, sufficient to build a multi -use path to County and VDOT specifications. POSSIBLE PLANNING COMMISSION MOTION- SP202200005: A. Should the Planning Commission choose to recommend approval of this special use permit: Move to recommend approval of SP202200017, Maple Grove Day Care Center, with conditions as stated in the staff report. B. Should the Planning Commission choose to recommend denial of this special use permit: Move to recommend denial of SP202200017, Maple Grove Day Care Center. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ATTACHMENTS Attachment 1 — Existing Conditions and Context Map Attachment 2 — Application Narrative Attachment 3 — Concept Plan SP202200017 Maple Grove Day Care Center Planning Commission I November 29, 2022 Page 6 of 6 My dMemolnallon atopo,roMy or mMwrs, or any 4epiNon aptrysisal knponaments, properly, Imes at Mundanes b Mr general Information orgy and Mall not Le used tar Me design, mMlPtallon, or mmVUNon of improvements to real popery or for food! plain daterminalion. N.Misr 15, 2M Map elements may wale larger Man GI3 Dale Measured in the map or as provMeJ an Me dale dovmbad page due M Me pmleclim used. Map PmfeMon: K SS I KiM Mvtator (TUMNary Sphere) (EPSG 3857) Maple Grove Christian Church Application Narrative Special Use Permit Request for Day Care Center 7/02/2022 PROJECT PROPOSAL Maple Grove Christian Church (MGCC) is applying for a special use permit to use its current church facility, located at 3210 Proffit Rd, Charlottesville, VA 22911, to provide a five -day -a -week day care center in its Children's Ministry wing. There is a large and rapidly growing need for day care services in our area and MGCC wants to help meet that need by opening and operating a high - quality Christian day care center. MGCC has a well -designed children's educational facility with classrooms, offices, activity space, kitchen, and age -appropriate playground areas that are well equipped to support daycare center operations. Our current church facility is approximately 18,000 total square feet (SF) in size. It is estimated that we can provide well -designed classroom space for approximately 50 preschool children ages 0 — 5 years in the existing 2800 SF children's classroom wing. If our proposal is accepted, we plan to add toddler restrooms, hand -washing sinks and resilient flooring throughout the classroom wing. Additionally, we will utilize our existing 3000 SF fellowship hall as a multipurpose room for lunchtime dining, indoor games, motor skill development and craft activities. The proposed day care program would operate from 7:00 a.m. to 5:30 p.m. Monday through Friday year-round except for national holidays. Church activities are held in the evenings and on weekends so the building will be empty during day care center hours. In addition, no outside activities currently occur or will be scheduled at the church during the day care operating hours. The planned day care space has adjacent adult restrooms, a storage room for supplies and educational materials, one office in the immediate space and two office/admin areas at the nearby building main entrance. There is a 1600 SF age -appropriate playground adjacent to and directly accessible from the classroom area. Behind the building is a large outdoor basketball court, a school age -appropriate playground, gaga -ball pit and a grassy area that serves as a volleyball court. The church property is 6.86 acres and provides safe, substantial, open spaces for supervised walks within controlled areas. Traffic behind the building is currently restricted/controlled with barriers and signage. The majority of the church's property is bordered by trees offering natural buffer zones between church property and adjacent neighborhoods. Because daycare activities will be carefully planned, scheduled by groups, and closely supervised, there is no concern that activities will interfere with the neighbors. Proffit Road borders the church's north property line and the current entrance is directly into the church main parking lot. There is an approximate 100 foot -long turn lane for vehicles heading east on Proffit Road and turning right into the parking lot. The main lot has 105 parking spaces of which five are handicap -designated. There are another 60 parking spaces on the side of the building and additional overflow gravel/turf parking in the back. We anticipate needing parking for about 10 faculty and staff members during operating hours. Parents typically will drop off their children in the morning between the hours of 7 to 9 am and return in the afternoon from 4 to 5:30 pm. If parents need to meet or stay for any reason, there is adequate parking to accommodate them and the staff during program hours. As indicated on the conceptual plan, parents will enter the main parking area from Proffit Road and loop around the perimeter of the lot to the main building entrance. This is the current traffic pattern for the facility and has been used for many years to effectively control larger numbers of vehicles. There is adequate space so that vehicles will not back up in the lot. Signage will also be erected to direct traffic. There are concrete walks all along the front of the building leading to the main building entrance. The property is in an area that is developed as urban density residential. The Lighthouse Church currently operates a day care center on Worth Crossing in near proximity to our location. This day care center is very close to the route 29 development zone, near to businesses and adjacent to single and multifamily residences. The request to use the church within this area for a small day care center is in line with the current use and zoning of the area. While we would require a special use permit to use the church facility for the proposed day care center, other special use permits, including other day care centers, currently exist in the area. Having reviewed Section 5 of the Zoning Ordinance, we understand that day care center facilities and operations are subject to inspection by all governing departments specified in the ordinance as well as other applicable state and federal laws. MGCC will, upon notification or IAW prescheduled inspections, facilitate access to all required spaces, participate in inspections, and will make corrections as specified in inspection reports. CONSISTENCY WITH COMPREHENSIVE PLAN MGCC is located in the Places 29 Hollymead district. It appears that the intention of Albemarle County is to create a neighborhood area that includes the core aspects needed for a neighborhood to function independently including schools, residences, retail, medical offices, churches, etc. The commercial mixed use designation allows for all of these uses. Since there are hundreds of homes within a couple of mile radius of MGCC, to add a day care center to the local community is consistent with the Comprehensive Plan for this area. IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE Concerning public utilities and infrastructure, our current building is designed and approved by the County to accommodate over 400 adults in worship with another 60 children aged 0-12 attending Sunday school. We are currently running about 25% of that number on a regular basis, or approximately 75-100 adults and 20-25 children on most Sunday mornings. The proposed day care center occupancy would comprise just over 10% of the design capacity of the building infrastructure, well within safe operating limits. We assess that the water, sewer, electrical and communication requirements for the proposed day care center would not greatly exceed the current usage at the Church. We also assess that the impact of the planned day care center on Profitt Road and other nearby highways will be minimal and not impact normal traffic patterns in the immediate area. Based on traffic patterns from other local day care facilities, we expect traffic in and out of our building to be staggered over approximately 2 hours in the morning and I %2 hours in the evening. Also, it is our target goal to provide day care services to the 90 plus new homes currently being built adjacent to MGCC and existing neighbors. IMPACT ON ENVHiONMENTAL FEATURES There will be no impact on the environmental features of the property. The current preschool playground and outdoor recreational areas are sufficient for planned day care center operations. The parking lots, building size, exterior, and landscaping will not be altered. As stated, there are no concerns regarding impacting the environment on the property or neighboring properties. In summary, exterior modifications to the church building and property are not planned. cla J lasolid ooze HoafiHo bMAZINHO MAOUS 37hdrvim fj WL \400000 uy - M 1 �. ' •i� �. ram. . ' 1, Y J • � � it ,'1 r►.■ � � _ .,,[' , u a. air" ■+ a It_„� it t tIL —. r IV tj IVR 110 1 - Sri i s•r Ilia a a awes •sst*W-81■ Oulu m Wata.rrarrr ==Mu ■ m a irMMMMyr+ sea 10 I+.a sin 0 • arts a a ■ . ■minaw srr RR A It I s.s.=.,^:_ta ttt.j 4-t..ts�.a r r ■ r�..tir * s ■ ttccarc�� �•,�� ■ r�ra�■es+��l '1 A is r ■r ■r nr m ar"istr •> ! S s s dl d am NAM a ! A . 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Development of the use must be in general accord with the conceptual plan. To be in general accord with the Conceptual Plan, development must reflect the following major elements within the development essential to the design of the development. a. Location of buildings, day care, and playground areas. b. Location of parking areas. c. Site access including pick-up and drop-off locations Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance or improve safety. 2. Signage for pick-up and drop-off location and circulation may be required at the time of Zoning Clearance to ensure safe vehicular circulation. 3. Enrollment may not exceed fifty (50) children per day. 4. The hours of operation for the child day center may not exceed 7:00am-5:30pra6:00pm Monday through Friday. 5. At the request of the County, future dedication of right-of-way adjacent to Proffit Road, to run the full length of the property, sufficient to build a multi -use path to County and VDOT specifications. Should you have any questions regarding the above -noted action, please contact me. Sincerely, Kevin McCollum Senior Planner I Planning Division Cc: Maple Grove Christian Church Bill Mack, Robert Foster & Randolph Leake Trustees 3210 Proffit Rd Charlottesville VA 22911 Maple Grove Christian Church Tom Zakielarz, Kim Garrison & Jeffrey Ange 3210 Proffit Rd Charlottesville VA 22911 WWW.ALBEMARLE.ORG 401 McIntire Road, North Wing, I Charlottesville, VA 22902-4579 Albemarle County Planning Commission FINAL Minutes Regular Meeting November 29, 2022 The Albemarle County Planning Commission held a public hearing on Tuesday, November 29, 2022, at 6:00 p.m. Members attending were: Karen Firehock, Chair; Corey Clayborne, Vice -Chair; Julian Bivins; Fred Missel; Daniel Bailey; Luis Carrazana; and Lonnie Murray. Members absent: none Other officials present were: Charles Rapp, Director of Planning; Andy Herrick, County Attorney's Office; Kevin McCollum; Rebecca Ragsdale; Cameron Langille; and Carolyn Shaffer, Clerk to the Planning Commission (via Zoom). Call to Order and Establish Quorum Ms. Shaffer called the roll. Ms. Firehock established a quorum. Other Matters Not Listed on the Agenda from the Public There were none. Consent Agenda There were none. PUBLIC HEARINGS SP202200017 Maple Grove Day Care Center Mr. Kevin McCollum, Senior Planner, stated that the proposed special use permit requested a child day care center within an existing church. He said that the subject property was located north of the City at 3210 Proffit Road, and the property was about 1,500 feet east of the intersection of Airport Road, Seminole Trail, and Proffit Road. He stated that the property was 6.68 acres and that it was zoned R-1 residential. Mr. McCollum stated that the site was home to an existing 18,000-square-foot church building currently used by the Maple Grove Christian Church. He explained that the parcel included existing parking spaces, two playgrounds, a basketball court, a youth center in the rear, and a parsonage building in the front. He noted that the parcel was zoned R-1 residential and that a majority of the surrounding properties were zoned residential with a majority of the uses being single-family homes. Mr. McCollum stated that the properties to the west of the subject site included the Lighthouse Christian Church and Preschool, Bright Beginnings Preschool, and a variety of commercial uses along US Route 29 North. He said that the applicant had requested a special use permit for a five -day -a -week daycare with a maximum enrollment of 50 children at the existing church facility. ALBEMARLE COUNTY PLANNING COMMISSION FINAL MINUTES REGULAR MEETING- November 29, 2022 He said that the proposed daycare program would operate year-round from 7 a.m. to 5:30 p.m., Monday through Friday. Mr. McCollum explained that the proposed daycare would utilize the existing building, parking areas, playgrounds, and basketball courts. He stated that the concept plan provided an overview of the site layout and the proposed parent pickup and drop-off loop. Mr. McCollum stated that based on the findings in the staff report, the proposed use was consistent with the Places29 master plan. He stated that the proposed use provided a daycare option for people who lived and worked in the area and that there were no anticipated detrimental impacts to adjoining properties. He said that staff recommended approval of SP2O22OOO17 Maple Grove Daycare Center with the conditions recommended in the staff report. Mr. McCollum stated that sample motions for the special use permit were available for the Commission. He continued that he was available to go over the conditions recommended for approval or to answer any questions. Mr. Clayborne asked if there was a fence between the basketball courts and the parking areas. Mr. McCollum said that the applicant may be able to answer the question. Mr. Bivins stated that the playground was enclosed by a fence. Mr. Bivins asked if there was discussion about why pickup was scheduled for 5 p.m. as opposed to a later time. He noted that the section of US 29 could have significant traffic and could potentially make travel difficult. He suggested that they have a conversation about extending the pickup time to 6 p.m. Ms. Firehock noted that it was possible the applicant wanted children to be picked up by 5:30 p.m. Mr. Bivins said that he understood. He said that he was giving the applicant an opportunity. Ms. Firehock called the applicant forward to present. She stated the rules for comment. Mr. Steve Bailey said that he was one of two elders from Maple Grove Church who was present at the meeting. He restated that they were located off of Proffit Road and that the facility was 18,000 square feet on nearly 7 acres of property. He stated that both of the playgrounds were fenced. He clarified that the basketball court was no longer a basketball court and was not fenced. Mr. Bailey stated that there were two other structures on the property —a youth center at the rear of the lot and a parsonage at the front. He stated that the daycare would only operate in the children's wing of the main church building. He explained that the children's wing was the section of the church facing Proffit Road, and the proposed playground associated with the daycare was directly accessible from the church. Mr. Bailey said that they anticipated using other sections of the property for walkabouts. He stated that a fellowship hall would be used for the children to eat and play during rain. He stated that the fellowship hall was about 3,000 square feet. He said that the main church building was constructed in 1992, but there had been a Maple Grove Christian Church for over 100 years. He said that the church was later modified in 2002. He stated that the building was designed for over ALBEMARLE COUNTY PLANNING COMMISSION 2 FINAL MINUTES REGULAR MEETING- November 29, 2022 400 people to worship with an additional 60 or more pre- and elementary school -aged children attending Sunday School. Mr. Bailey stated that they were currently running at about 25% capacity after the COVID-19 pandemic. He stated that they still had a number of congregation members who participated online. He said that there were about 100 adult members in person and about 25 to 30 children each Sunday. He stated that before the pandemic, they had been seriously considering the daycare, but they had to delay their plans because of the pandemic. Mr. Bailey noted that the surrounding area was growing and that there were 100 new houses being constructed around the site. He said that they tried to support the community and that church members had noted a scarcity of Christian daycare in the area. He said that they had the facilities and that they were not being fully utilized. He noted that homeschoolers occasionally met at the facilities, but it was not typically used during the day or week. Mr. Bailey said that even though there was housing around the property, they had planted trees over the years, so there was a buffer all around. He stated that they did not anticipate that children would cause any conflict or noise. Mr. Bailey stated that except for three staff members, no one would be at the church during the operating hours of the daycare. He said that there were some nighttime activities, but those would be after the daycare was closed. He noted that there was a Boy Scout group, regular Bible studies, and other activities that met. Mr. Bailey said that they anticipated that there would have to be modifications to the children's wing but that they did not anticipate that there would be changes made to the exterior of the church or the grounds. He said that he was available to answer any questions. Mr. Jeffrey Ange addressed Mr. Bivins' question. He said that the hours specified were the core business hours of the daycare center. He explained that most daycares would have a contingency written into their procedures as to what happened when circumstances dictated children stay longer. He said that those circumstances would be in procedures and sent to parents. He asked if there were other items they needed to address or specify in their request or if they would be interested in the daycare procedures. He noted that the children would be kept safe while the parents traveled to pick up. Ms. Firehock clarified that Mr. Bivins was asking when the applicant would be entirely done with the daycare operations. Mr. Ange responded that there would be no time limit. He said that if a parent was not able to get to the church for pickup because of an emergency, then a staff member would stay at the daycare supervising the child until the parent arrived. He said that was the program's contingency procedure. He said that it would not be helpful to state a timeframe. Ms. Firehock said that it would be stating whether they would be open until 6 p.m. for late parents and if so, then the operating hours should end at 6 p.m. even if the daycare ended at 5 p.m. Mr. Ange said that he believed there should not be such a limit. Ms. Firehock said that in order to grant the special use, they needed to know the absolute end ALBEMARLE COUNTY PLANNING COMMISSION 3 FINAL MINUTES REGULAR MEETING- November 29, 2022 period of the day, including the contingency. She said that the applicant may want to say that their hours ended at 6 p.m. so that there would be an hour buffer for parents to arrive if they were late. Mr. Ange said that he was not certain that that was typical or normal. Mr. Bailey said that they would happily do that. Ms. Firehock said that they would not be required to stay open until 6 p.m., but they would be allowed to operate until that time of day. Mr. Ange said that was not what he was saying. He said that if a person's child needed care until 8 p.m. because the parent had an emergency, then care would be provided until 8 p.m. He questioned what they would do with the child otherwise. Ms. Firehock said that they wanted to get the applicant's most usual business hours. She said that Mr. Bivins was concerned about rush hour traffic. She said it may be more common that parents arrived at 5:40 p.m. Mr. Ange stated that he did not have an issue if they wanted to add an additional buffer of 30 minutes. Ms. Firehock said they wanted to ensure there were no complaints or concerns Mr. Clayborne asked the applicant to explain how the 50-child cap was determined and what the enrollment projections were. Mr. Ange responded that it was due to the square footage and CDC criteria. He said that it would be validated when they went before the DOE to get plan approval. Mr. Clayborne asked if the children would use the enclosed playgrounds and not use the surface court. Mr. Bailey said that they did not plan on doing that. He said that children would be allowed to walk around the property if the teacher or curriculum dictated it. He noted that there were six acres. He said that primarily, the children would be in the classroom and on the playground. Mr. Clayborne stated that he wanted to avoid children running into the street to retrieve balls. Mr. Bailey said that the back of the property was fenced off during the week, so no one would be back there. Mr. Clayborne stated that the Board had affirmed a commitment to equitable communities. He asked how the proposal fostered equitable communities and whether there would be financial aid opportunities. Mr. Bailey responded that they had not discussed the issue, but it may be on a case -by -case basis. He said that if someone wanted to use the daycare facilities but was unable to afford it, then they would likely find ways to help them. He stated that they currently did not have funds set aside. ALBEMARLE COUNTY PLANNING COMMISSION 4 FINAL MINUTES REGULAR MEETING- November 29, 2022 Mr. Ange said that they were working with an experienced director to help design the program. Mr. Bailey said that for families with siblings, they would not want to break up the children but rather keep the families in school together. Ms. Firehock opened the hearing for public comment. She noted that there were no speakers signed up for comment. She closed the public hearing and brought the item back before the Commission for deliberation. Ms. Firehock said that she liked applications within existing facilities with existing parking, and they did not require a lot of analysis from the Commission. She stated that daycare was needed in the County. Mr. Bivins requested that they change the condition related to hours of operation as proposed by staff from 5:30 p.m. to 6 p.m. Ms. Firehock stated that such an amendment could be included in a motion. Mr. Clayborne moved that the Commission recommend approval of SP202200017 Maple Grove Daycare Center with the conditions outlined in the staff report and the amended condition related to the hours of operation, changing 5:30 p.m. to 6 p.m. Mr. Missel seconded the motion, which carried unanimously (6-0). Adjournment At 11:10 p.m., the Commission adjourned to December 13, 2022, Albemarle County Planning Commission meeting, 6:00 p.m, L Charles Rapp, Director of Planning (Recorded by Carolyn S. Shaffer, Clerk to Planning Commission & Planning Boards; transcribed by Golden Transcription Services) Approved by Planning Date: 01 /10/2023 Initials: CSS ALBEMARLE COUNTY PLANNING COMMISSION FINAL MINUTES REGULAR MEETING- November 29, 2022 RESOLUTION TO APPROVE SP202200017 MAPLE GROVE DAY CARE CENTER WHEREAS, upon consideration of the staff reports prepared for SP 202200017 Maple Grove Day Care Center and all of their attachments, including staff's supporting analysis, the information presented at the public hearings, any comments received, and all of the factors relevant to the special use permit in Albemarle County Code §§ 18-13.2.2 and 18-33.8(A), the Albemarle County Board of Supervisors hereby finds that the proposed special use would: 1. not be a substantial detriment to adjacent parcels; 2. not change the character of the adjacent parcels and the nearby area; 3. be in harmony with the purpose and intent of the Zoning Ordinance, with the uses permitted by right in the Rural Areas zoning district, with the applicable provisions of County Code § 18-5, and with the public health, safety, and general welfare (including equity); and 4. be consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby approves SP 202200017 Maple Grove Day Care Center, subject to the conditions attached hereto. I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Mr. Andrews Mr. Gallaway Ms. LaPisto-Kirtley Ms. Mallek Ms. McKee) Ms. Price SP202200017 Maple Grove Day Care Center Special Use Permit Conditions 1. Development of the use must be in general accord with the conceptual plan. To be in general accord with the conceptual plan, development must reflect the following major elements essential to the design of the development: a. Location of buildings, preschool, and playground areas; b. Location of parking areas; c. Site access, including pick-up and drop-off location Minor modifications to the plan that do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance or improve safety 2. Signage for pick-up and drop-off location and circulation may be required at the time of Zoning Clearance to ensure safe vehicular circulation. 3. Enrollment may not exceed fifty (50) children/students per day. 4. The hours of operation for the preschool may not exceed 7:00 a.m.-6:00 p.m. Monday through Friday. 5. Upon demand of the County, the owner(s) must dedicate sufficient right-of-way adjacent to Proffit Road, along the full length of the property, for a multi -use path built to County and VDOT specifications.