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Home My WebLink AboutSP201200023 Staff Report 2013-01-03COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name: Staff: SP2012 -00023 Faith Christian Center International Scott Clark, Senior Planner Planning Commission Public Hearing: Board of Supervisors Public Hearing: TBA January 8, 2013 Owner /s: Faith Christian Center International Inc Applicant: Faith Christian Center International Inc Acreage: 9.48 acres Special Use Permit: 10.2.2.7, Day care, child care or nursery facility (reference 5.1.06). TMP: 07800- 00- 00 -047AO Existing Zoning and By -right use: RA Rural Areas - Location: 2184 Richmond Road agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots); Magisterial District: Scottsville Conditions or Proffers: Yes RA (Rural Areas) Requested # of Dwelling Units: n/a Proposal: Amendment of SP200700029 to increase Comprehensive Plan Designation: Rural Areas - day care attendance from 50 to 120. No changes to the preserve and protect agricultural, forestal, open space, previously- approved conceptual plan for the site are and natural, historic and scenic resources/ density ( .5 proposed. unit/ acre in development lots) Character of Property: The site is a former mobile Use of Surrounding Properties: The properties on home park that has been cleared for construction of the the north side of US250 include a mix of residential approved church on the site, with some wooded areas and commercial uses. Across US250 to the south is remaining at the north end. the Shadwell property, which is under a historic preservation easement held by the Virginia Department of Historic Resources. Factors Favorable Factors Unfavorable 1. The increased enrollment can be No unfavorable factors were found. accommodated with no additional facilities on the site beyond what has already been approved. 2. The Virginia Department of Transportation has found that the proposed road improvements on the original conceptual plan are sufficient to accommodate the additional traffic generated by the increased enrollment. RECOMMENDATION: Staff recommends approval of this Special Use Permit request, with conditions. STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Scott Clark January 8, 2013 TBA PETITION: PROPOSAL: Amendment of SP200700029 to increase day care attendance from 50 to 120 ZONING: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit /acre) SECTION: 10.2.2.7, Day care, child care or nursery facility (reference 5.1.06). ENTRANCE CORRIDOR: Yes COMPREHENSIVE PLAN: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre) LOCATION: 2184 Richmond Rd. TAX MAP /PARCEL: 078000000047AO MAGISTERIAL DISTRICT: Scottsville COMPREHENSIVE PLAN: The Comprehensive Plan designates the property as Rural Area. CHARACTER OF THE AREA: The properties on the north side of US250 include a mix of residential and commercial uses. Across US250 to the south is the Shadwell property, which is under a historic preservation easement held by the Virginia Department of Historic Resources. PLANNING AND ZONING HISTORY: ZMA 338: This 1975 request to rezone the property from B -1 Commercial to A -1 Agricultural, in order to bring the then - extant mobile home park on the property into conformity, was withdrawn. The property was subsequently rezoned to RA (Rural Areas) in the County's 1980 comprehensive rezoning. SP2007- 00028: On September 1, 2010, the Board of Supervisors approved this request for a church with a 399 -seat sanctuary, administrative offices, classrooms, and a playground. SP2007- 00029: On September 1, 2010, the Board of Supervisors approved this request for daycare for up to 50 children in the church building approved under SP2007- 00028. This is the approval that would be amended by the current request. APPLICANT'S PROPOSAL AND JUSTIFICATION The applicant wishes to increase the maximum attendance for daycare from 50 to 120 children. As noted above, the original special use permits for the church and daycare were approved in 2010. The current request is an amendment of the daycare permit to increase capacity. The church facility has not been constructed yet. No site plan has been submitted for the development to date. STAFF COMMENT: Section 31.6.1 of the Zoning Ordinance below requires that special use permits be reviewed as follows: Will the use be of substantial detriment to adjacent property? As noted by staff before the original approval, the day care use could have noise impacts on nearby properties. However, the adjacent parcel to the east is in light - industrial use, and the nearest dwelling is approximately 400 feet away from the site and not in line of sight. The increase from the already- approved 50 children to 120 children is not expected to have a significant impact on adjacent properties. Will the character of the zoning district change with this use? Prior to the original special use permit approvals, staff noted that Rural Area daycare facilities are typically small, but that at least one other 50 -child facility had been approved in the Rural Areas. Given the particular character of this site, which lies on a major arterial and in close proximity to an interstate interchange, the proposed increase in enrollment is not expected to change the character of the zoning district. The property is located in the Entrance Corridor overlay zoning district. As no physical changes to the site would be needed in order to accommodate the requested increase, the request would have no impact on the Entrance Corridor. As usual, the Architectural Review Board will examine the development of the site in detail once the applicants submit a site development plan. Will the use be in harmony with the purpose and intent of the zoning ordinance? Day care does not directly support the purposes of the Rural Areas zoning district. However, the increased enrollment would not create a conflict with those purposes. Will the use be in harmony with the uses permitted by right in the district? Day care provides a service to occupants of residences in this and other zoning districts. The property's location between two major highways and in an area of residential and light - industrial development means that its impacts on agriculture, forestry, and conservation would be minimal. Will the use be in harmony with additional regulations provided in section S? 5.1.06 DAY CARE CENTER, TAMIL Y DA Y 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) 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. 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) These regulations are performance standards that would be applied after the applicants began the use on the site. Will the public health, safety and general welfare of the community be protected if the use is approved? The Virginia Department of Transportation has reviewed the applicant's traffic study for the site, and finds the proposed improvements (250 -foot left turn lane and 200 -foot left - turn taper, 220 -foot right -turn taper) shows on the original conceptual plan to be sufficient to accommodate the traffic for the increased enrollment. Before the original special use permit approvals, the applicant's soil evaluator found suitable septic sites on the property. As before, staff is recommending a condition of approval requiring Health Department approval of the water supply and the septic system before the use can commence. SUMMARY AND ACTION Staff has identified factors which are favorable and unfavorable to this proposal: Factors favorable to this request include: 1. The increased enrollment can be accommodated with no additional facilities on the site beyond what has already been approved. 2. The Virginia Department of Transportation has found that the proposed road improvements on the original conceptual plan are sufficient to accommodate the additional traffic generated by the increased enrollment. No unfavorable factors were found. The proposed increase in enrollment would not have significant additional impacts on this rural location, adjacent properties, or US250. Staff recommends approval of this request. The recommended conditions of approval listed below are the same as those approved with the original special use permit, except for (1) the change in maximum enrollment, and (2) the addition of the word "general" before "accord" in condition 1, to be consistent with current practices. RECOMMENDATION: Staff recommends approval of SP2012 -00023 Faith Christian Center International based upon the analysis provided herein, with the following conditions: Development of the use shall be in enteral accord with the conceptual plan titled "Faith Christian Center International Special Use Permit — Concept Plan" prepared by Brian P. Smith Civil Engineering, Inc., and dated May 13, 2010 (hereafter "Conceptual Plan "), as determined by the Director of Planning and the Zoning Administrator. To be in e accord with the Conceptual Plan, development shall reflect the following major elements within the development essential to the design of the development: • building orientation • building mass, shape, and height; • location of buildings and structures • turn lane design; • location of parking areas; • relation of buildings and parking to the street. Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance; 2. The maximum number of children shall not exceed one hundred twenty (1201 or the number of students as approved by the Health Department or the Department of Social Services, whichever is less; 3. Side and rear setbacks shall meet commercial setback standards, as set forth in Section 21.7 of the Albemarle Zoning Ordinance, of fifty (50) feet for structures (excluding signs) and twenty (20) feet for parking lots and loading spaces adjacent to residential uses or residentially zoned properties; 4. All outdoor lighting shall be only full cut -off fixtures and shielded to reflect light away from all abutting properties. A lighting plan limiting light levels at all property lines to no greater than 0.3 foot candles shall be submitted to the Zoning Administrator or their designee for approval shall be required prior to approval of the final site plan; 5. Health Department approval of well and/or septic systems shall be required prior to approval of the final site plan; 6. The area labeled "Re- planting Area" on the Conceptual Plan shall be replanted according to "Restoration/Establishment Table A" in Appendix D of the "Riparian Buffers Modification & Mitigation Manual," published by the Virginia Department of Conservation & Recreation's Chesapeake Bay Local Assistance program. This area shall be replanted with species listed in the brochure titled "Native Plants for Conservation, Restoration, and Landscaping: Piedmont Plateau," published by the Virginia Department of Conservation and Recreation; 7. The hours of operation for the day care shall not begin earlier than 7:00 A.M. and shall end not later than 6:00 P.M., each day, Monday through Friday, provided that occasional day care - related events may occur after 6:00 P.M.; and 8. If the use, structure, or activity for which this special use permit is issued is not commenced by September 1, 2014, the permit shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. PLANNING COMMISSION MOTION — Special Use Permit: A. Should a Planning Commissioner choose to recommend approval of this special use permit: Move to recommend approval of SP 2012 -00023 Faith Christian Center International with the conditions recommended by staff. B. Should a commissioner motion to recommend denial of this special use permit: Move to recommend denial of SP 2012 -00014 Free Union Baptist Church. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ATTACHMENTS Attachment A – Vicinity Map Attachment B – Site Map Attachment C – Conceptual Plan Attachment A] �Na`GNT m 0 r A WMpNTC7 HANSENS MOUNTAIN RD -o, W 164 EXIT 124 OFF ryA �:GO'�P�M RICHMOND RD N 0 500 1,000 2,000 Feet SP2012 -00023 Faith Christian Center International SP2012 -00023 Faith Christian Center International 1 f 4t �i IQ I. 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