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HomeMy WebLinkAboutSP200900019 Review Comments Special Use Permit 2009-07-24ALB��� � vIRGIT`�� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 July 23, 2009 Evelyn Mastakas 4880 Ivy Road Charlottesville, VA 22903 RE: SP200900019 Ivy Preschool Dear Mrs. Mastakas: We have had an opportunity to review your application for an expansion of the preschool operating in your home from five children to eight children. Comments for the following agencies, as applicable, are attached: Albemarle County Community Development Department ® Division of Planning, ® Current Development ® Engineering ❑ Division of Building Code Enforcement and Zoning Services ® Albemarle County Division of Fire Safety ❑ Albemarle County Service Authority ® Virginia Department of Transportation ❑ Thomas Jefferson Health District ® Albemarle Architectural Review Board ❑ USDA Natural Resource Conservation Service ® Rivanna Water and Sewer Authority Comments reflect information available at the time the application was reviewed. The Site Review Committee has attempted to identify all issues which could affect approval of the proposed project. Please contact me at your earliest convenience, if you have questions or require additional information. Sincerely, Joan McDowell Principal Planner, Rural Areas C:\ inetpub \wwwroot \cityviewlazerfiche_ integration \tempdocholder \31031.doc -1- ATTACHMENT A July 23, 2009 Site Review Comments: SP 200900019 Ivy Preschool Virginia Department of Transportation — Joel DeNunzio VDOT has fielded checked the sight distance for the driveway entrance at Route 250 and found that the existing driveway does not have adequate sight distance for a commercial entrance permit. The sight distances for the left turn ingress and the egress to the existing driveway are 325' and 275' respectively. The minimum standard for sight distance for a commercial entrance on Route 250 in this area is 610 feet. The application for a preschool will require a commercial entrance permit. Engineering - Amy Pflaum Sight distance on the east is limited by a vertical crest curve. Maximum driveway slope is 9 %, width varies from 10.5 to 13.25 feet once beyond the entrance. It is recommended that 2 or 3 "pull over" areas be added in locations along the driveway. These areas could be 5' wide by 20' long gravel shoulder. Area at top of driveway (drop -off location appears adequate for turn- around. Fire — James Barber Must comply with the Virginia Statewide Fire Prevention Code. Approval is subject to field inspection and verification. Building — Jay Schlothauer The house must be evaluated by this office to determine its suitability for use as a day care center. Architectural Review Board — Margaret Maliszewski Only a small portion of this site is included in the Entrance Corridor. No exterior changes are proposed. No negative impact on the Entrance Corridor is expected. Current Development — Bill Fritz A site plan (or approval of a site plan waiver) will be required if additional parking is required or if a change in the entrance is proposed or recommended. The Zoning Administrator will determine if additional parking is required. Zoning Division — Amelia McCulley Zoning Division comments will be forthcoming. Rivanna Water and Sewer Authority This property is not within the RWSA jurisdictional area. Thomas Jefferson Health District Health Department comments will be forthcoming. C:\ inetpub \wwwroot \cityviewlazerfiche_ integration \tempdocholder \31031.doc -2- Planning Division Section 31.6.1 of the zoning ordinance allows the Board of Supervisors to issue a special use permit provided that the following findings can be made: 1. Such use will not be of substantial detriment to adjacent property, Adjacent neighbors have submitted written concerns regarding the use of the shared driveway. They believe that the increase in traffic "may adversely impact the future sale of their home, accelerate the need for road maintenance, and increase the risk of accidents." 2. That the character of the district will not be changed thereby As the residence is located away from Rt. 250 and is only slightly visible from the public right of way, staff does not believe the addition to the preschool would change the Rural Areas zoning district. 3. That such use will be in harmony with the purpose and intent of this ordinance, The zoning ordinance allows day care of more than 5 children with approval of a special use permit. The limited number of children (8) requested would not impact the purpose and intent of the ordinance. 4. With the uses permitted by right in the district The by -right uses in this district would be allowed to continue; however, an adjacent neighbor has expressed concerns (see 1). S. With additional regulations provided in section S of the zoning ordinance Section 5.1.06 6. With the public health, safety and general welfare. The existing driveway does not have adequate sight distance. Although a commercial entrance permit would be required by VDOT, the permit could not be granted, as the entrance does not meet minimum standards. The County's regulations do not supersede state regulations. Although the on -site impacts of this request would be minimal, the public safety impacts would mean that staff would recommend denial of this special use permit. I understand that you are considering withdrawl of this application. I am not sure how much or if any fees could be refunded at this stage of the application process, but I suggest that your request to withdraw also include a request for a partial refund of your fee. C:\ inetpub \wwwroot \cityviewlazerfiche_ integration \tempdocholder \3103 Ldoc -3- ATTACHMENT B 31.5 ZONING CLEARANCE The zoning administrator shall review requests for zoning clearances as follows: a. When required. A zoning clearance shall be required in the following circumstances: 1. New use. Prior to establishing a new non - residential, other than an agricultural, use. 2. Change or intensification of existing use. Prior to changing or intensifying an existing non - residential, other than an agricultural, use. 3. Change of occupant. Prior to a new occupant taking possession of an existing nonresidential, other than an agricultural, use. 4. Specific buildings, structures or uses. Prior to establishing any building, structure or use for which a zoning clearance is required under section 5. b. Approval. If the proposed building, structure, improvements, and site, and the proposed use thereof, comply with this chapter, the zoning administrator shall issue the zoning clearance. c. Circumstance when zoning clearance shall not be issued. The zoning administrator shall not issue a zoning clearance if, after review of any site, the zoning administrator determines that additional improvements are necessary to protect the public health or safety, regardless of whether the improvements are shown on the site plan. (Added 9 -9 -92; Amended 10 -3 -01) (§ 31.2.3.3, 9 -9 -92; Ord. 01- 18(6), 10 -3 -01 d. Commercial and industrial uses defined. For the purposes of this section 31.4, production agriculture is not a commercial or industrial use, and a home occupation, class A or class B, is a commercial use. (Added 9 -9 -92; Amended 10 -3 -01) e. Effect of renumbering and renaming. Any other section of this chapter that refers to section 31.2.3.2 or to a zoning compliance clearance shall be deemed to be a reference to section 31.4 or a zoning clearance. (§ 31.2.3.29 9 -9 -92; Ord. 01- 18(6), 10 -3 -01) 31.6 SPECIAL USE PERMITS 31.6.1 RESERVED TO BOARD OF SUPERVISORS The board of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided 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, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5, and with the public health, safety and general welfare. 31.6.2 APPLICATION Application for a special use permit shall be made by the filing thereof by the owner or contract purchaser of the subject property with the zoning administrator, together with a fee as set forth in section 35. No such permit shall be issued unless the board of supervisors shall have referred the application therefor to the commission for its recommendations. Failure of the commission to report within ninety (90) days after the first meeting of the commission after the application has been referred to the commission shall be deemed a recommendation of approval. Provided, however, any day between the date an applicant requests or consents to a deferral or continuance of the consideration of the application by the commission until the date of the deferred or continued hearing by the commission shall not be counted in computing the ninety (90) day review period. The board of supervisors may extend the review period upon a request by the commission. The board of supervisors shall act upon such application and render a decision within a reasonable time period. No such permit shall be issued except after notice and hearing as provided by Virginia Code § 15.2 -2204 and section 33.8 of this chapter. (Amended 5 -5 -82; 6- 19 -96) a. Limitation of filing new application after original denial. Upon denial by the board of supervisors of any application filed pursuant to section 31.6.2 above, substantially the same petition shall not be reconsidered within twelve (12) months of the date of denial. (Added 6- 19 -96) b. Withdrawal of petition. An application shall be withdrawn, or be deemed to be withdrawn, as C:\ inetpub \wwwroot \cityviewlazerfiche_ integration \tempdocholder \31031.doc -4- provided herein: (Added 10 -3 -01) 1. An application filed pursuant to section 31.6.2 above may be withdrawn upon written request by the applicant. The written request must be received by the body considering the application prior to it beginning consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the application shall cease without further action by the commission or the board. Substantially the same application shall not be reconsidered within twelve (12) months of the date of the withdrawal unless the body considering the application at the time of withdrawal specifies that the time limitation shall not apply. (Added 6- 19 -96; Amended 10 -3 -01) 2. If the applicant requests that further processing or formal action on the application be indefinitely deferred, the application shall be deemed to have been voluntarily withdrawn by the applicant if the commission or the board does not take action on the application within twelve (12) months after the date the deferral was requested. Upon written request received by the director of planning before the application is deemed to be withdrawn, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed use, the complexity of the review, and the laws in effect at the time the request for extension is made. (Added 10 -3 -01) (§ 31.2.4.2, 12- 10 -80, 5 -5 -82, 6- 19 -96; § 31.2.4.2.1, 6- 19 -96; § 31.2.4.2.2, 6- 19 -96; Ord. 01- 18(6), 10 -3- 01; Ord. 09- 18(3), 7 -1 -09) 31.6.3 CONDITIONS The board of supervisors may impose upon any such permit such conditions relating to the use for which such permit is granted as it may deem necessary in the public interest and may require a bond with surety or other approved security to ensure that the conditions so imposed shall be complied with. The conditions shall relate to the purposes of this ordinance, including, but not limited to, the prevention of smoke, dust, noise, traffic congestion, flood and/or other hazardous, deleterious or otherwise undesirable substance or condition; the provision of adequate police and fire protection, transportation, water, sewerage, drainage, recreation, landscaping and/or screening or buffering; the establishment of special requirements relating to the building setbacks, front, side and rear yards, off - street parking, ingress and egress, hours of operation, outside storage of materials, duration and intensity of use, building height and/or other particular aspects of occupancy or use. Except as the board of supervisors may otherwise specifically provide in a particular case, any condition imposed under the authority of this section shall be deemed to be essential to and nonseverable from the issuance of the permit itself. (Amended 10 -3 -01) (§ 31.2.4.3, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01) 31.6.4 REVOCATION Any special use permit issued pursuant to this chapter may be revoked by the board of supervisors, after notice and hearing pursuant to Virginia Code § 15.2 -2204, for willful noncompliance with this chapter or any conditions imposed under the authority of section 31.6.3. If the use, structure or activity for which a special use permit is issued is not commenced within twenty -four (24) months after the permit is issued, the permit shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, if the use authorized by the permit requires the construction of one or more structures, the term "commenced" means starting the lawful physical construction of any structure necessary to the use authorized by the permit within twenty -four (24) months after the permit is issued. The board of supervisors may, as a condition of approval, impose an alternative period in which to commence the use, structure or activity as may be reasonable in a particular case. A determination that a permittee has commenced a use, structure or activity under this section is not a determination that the permittee has acquired a vested right under Virginia Code § 15.2 -2307. (Amended 10 -3 -01) 5.1.06 DAY CARE CENTER, FAMILY DAY HOME Each day care center or family day home shall be subject to the following: (Added 10 -3 -01) a. No such use shall operate without the required licensure by the Virginia Department of Social Services. It shall be the responsibility of the owner /operator to transmit to the zoning administrator a copy of the original license. Failure to do so shall be deemed willful noncompliance with the provisions of this chapter; (Amended 10 -3 -01) C:\ inetpub \wwwroot \cityviewlazerfiche_ integration \tempdocholder \31031.doc -5- b. Periodic inspection of the premises shall be made by the Albemarle County fire official at his discretion. Failure to promptly admit the fire official for such inspection shall be deemed willful noncompliance with the provisions of this chapter; (Amended 10 -3 -01) c. These provisions are supplementary and nothing stated 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. (Amended 10 -3 -01 C:\ inetpub \wwwroot \cityviewlazerfiche_ integration \tempdocholder \31031.doc -6-