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Home My WebLink AboutCLE201200055 Legacy Document 2014-07-30 (2)Application for Zoning Clearance C L E # PLEASE REVIEW ALL 3 SHEETS OFFICE M ONLY Check# Date: Receipt #9nix Staff.• PARCEL INFORMATION Tax Map and Parcel:— (o(n Existing 7Ani.ng_ Parcel Owner:.. . . . . . ............... . ...... . . . .. . ....... . ___ . ..... . ....... ......... . .......... Parcel Address. (400 . ......... __ state-- v A- Zip .......... �12�r city( (include suite or floor) PRIMARY CONTACT Who should we call/write concerning this project? C, . ...... _ . .......... — ii...... Address: . . ........ . . City 01/h State Zip . Z . ........ Office Phone: Cell # ffiCl _.S10�39Q Fax # E-mall _P'p1j1C4V6"'6.j1A APPLICANT INFORMATION Check any that apply: _ Change of ownersh ip Change of use Change of name New business B usinessName/Type- a m 'Fl\v _T�riv___Uo I - I tLf_ Previous Business on this site— ZQ f_'F USe_ Describe the proposed business including use, number of employees, number of shifts, available parking spaces, number or vehicles, and any additional information that you can provide: . ........... ___ . ... . .......... .... ... . ........ . ...... . ....... . . ...... . ...... .... . ...... . .. . .... . ..... . ....... only be valid on the parcel for which it is approved.. If you change, intcnsil�, or move the use to a new location, a new Zoning Clearance will be required. I hereby certify thai I own or have the ownces permission to use the space indicated on this application. I also certify that the information provided is rive and accuratoto the be, of any knowledge. I have read the conditions of approval, and I. understand them, and that Ivrill abide by them. Signature j Printed )Culfdjl- 11)1� AUROVAL INFORMATION [.t.-fApproved as proposed Approved with conditions Denied Backflow prevention device and/or current test data needed for this site. Contact ACSA, 977-4511, x117. No physical site inspection has been done .for this clearance. Therefore, it is not a determination of compliance with the existing site plan. 1'rhis te complies with the sitc,plan as of this date. Notes-. C' I .... . ... . .. W1 . . ..... . ..... ... Building Official Date ^ t Zoning Official 11/1'4 Date ek& . ......... Other Official Date County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22.902 Voice: (434) 296-5832 Fax.- (434) 9724126 Revised 7/l/201 1 Page 2 of 3 to complete the following: Y / lsus2iLLIT.JorPDIPzonjng? Ifso, give applicant aCerti.fied Engineer's Report (CER) packet. Y I WilVere be .food preparation? If so, give applicant a health Department form, Zoning.review can not begin uritil we receive approval, from .1-jealth Dept. FAX DATE.,__.... . ....... _ Circle the one that applies Is parcel on private well o public water If private well, provide Idea epar meat form. Zoning review can not begin, until we receive approval froin Health Dept. FAX DATE . .... . ..... ___ Circle the one that applies Is parcel on septic o CPff 9 --1c --S.--Wle C PIN l, you be putting up a new sign of any kind? If so, obtain proper Sign permit. Permit ff Y)/ N 4eill there be any new construction or renovations) If so, obtain 30 Yoper Parnut. Ir--? Permit # — 1 67114 / a, 01-1 64S, T�c �6 qf(q1jp-, 7.nniina to enmnipto iho fidInwhin- Reviewer to complete the following: Square footage of Use: -- Lj —000— N Tomitted as: Da AP)L—t Under Section.- A Supplementary regulations section: Parking 410 Regaired 'pace". V1 Ulf-- 11 u"I Ye -"verified in the field: � IA VAN/ A rr-Z --f) ( AADLMA to I e J (AJ W /I . a:, Inspector Date: Mac wW- WO Y r 1. LIO-0, —1 700-mma viol' , : if Proff 5: Y/ If So, L.ist: tiari ce: Y N If Y ICN) Ifso' List; Clearances: SD—P's W Ila Revised 7/t/201 I Page 3 of 3 HE Child Care - Search for a Facility - Virginia Department of Social Services Page 1 of 2 Online Services I Agencies I Governor I Help Search Virginia.Gov Virginia Department of Social Services Home About Us Adults Assistance Children Initiatives Reports Find Careers Contact Us Home T' Programs & Services for Children Child Care Facilities . Child Care - Search for a' Facility .... Certified Preschools (CP)� Child Day Centers (CDC) Family Day Homes (FDH) Family Day System (FDS) /Homes Religiously Exempt Child Day Centers (RECDC) Voluntarily Registered Family Day Homes (VRFDH) ' Child Support Community Partners Search this SiteGq,� Child Care - Search for a Facility i Help Opening Files Print Version -E -mail Page Return to Search Results I New Search Ms. Julie Despres 600 Rio Road West CHARLOTTESVILLE, VA 22901 (860) 510 -3902 Facility Type: Family Day Home License Type: One Year Expiration Date: Sept. 9, 2013 Business Hours: 7:30 a.m. - 5:30 p.m. Monday - Friday Capacity: 12 Ages: 3 months - 4 years 11 months Inspector: Julie R. Kunowsky (540) 332 -9167 Inspection Date Complaint Related? Violations? Sept. 10, 2012 No Yes April 9, 2012 No Yes Dec. 12, 2011 No Yes May 23, 2011 No Yes March 1, 2011 No Yes Nov. 3, 2010 No No �Disciaimer: A compliance history is in no way a rating for a facility. i The online compliance history includes only information after July 1, 2003. In addition, the online compliance history includes information regarding adverse actions that may be the subject of a pending appeal. http: / /www.dss.virginia.gov /facility/ search/ cc .egi ?rm= Details;ID= 37580;search exact flps... 11/9/2012 Q r All UNJ 1 M"CEJLE rA _F_Nffiu� ff ALBEMARLE COUNTY my wv.ACFireResrue.urg Inspection Assigned To GILMER, Robert on 11/29/2012 Relnspection Date: Dec 13 2012 9:OOAN Start Date: 11/29/2012 8:30:OOAM Finish Date: 11/29/2012 9:00:13AM Business Name: Natural Beginnings In Home Daycare Occupancy ID: 21320 Address: 600 Rio RD W Station No.: Seminole Trail City/State /Zip: Charlottesville, VA 22901 Phone: (860)510 -3902 Violations Date Found Date Cleared Fee 2009 VFC CH 09 Hangers & Brackets 11/29/2012 $0.00 Standard: Long Desc: Hand -held portable fire extinguishers, not housed in cabinets, shall be installed on the hangers or brackets supplied. Hangers or brackets shall be securely anchored to the mounting surface in accordance with the manufacturer's installation instructions. Portable Fire Exting - General Req 11/29/2012 $0.00 Standard Long Desc: Portable fire extinguishers shall be selected, installed and maintained in accordance with this section and NFPA 10. Exceptions: 1. The travel distance to reach an extinguisher shall not apply to the spectator seating portions of Group A -5 occupancies. 2. Thirty -day inspections shall not be required and maintenance shall be allowed to be once every three years for dry- chemical or halogenated agent portable fire extinguishers that are supervised by a listed and approved electronic monitoring device, provided that all of the following conditions are met: 2.1. Electronic monitoring shall confirm that extinguishers are properly positioned, properly charged and unobstructed. 2.2. Loss of power or circuit continuity to the electronic monitoring device shall initiate a trouble signal. 2.3. The extinguishers shall be installed inside of a building or cabinet in a noncorrosive environment. 2.4. Electronic monitoring devices and supervisory circuits shall be tested every three years when extinguisher maintenance is performed. 2.5. A written log of required hydrostatic test dates for extinguishers shall be maintained by the owner to verify that hydrostatic tests are conducted at the frequency required by NFPA 10. 3. In Group 1 -3, portable fire extinguishers shall be permitted to be located at staff locations. Page:1 Inspection Assigned To GILMER, Robert on 11/29/2012 Relnspection Date: Dec 13 2012 9:OOAN Start Date: 11/29/2012 8:30:OOAM Finish Date: 11/29/2012 9:00:13AM Business Name: Natural Beginnings In Home Daycare Occupancy ID: 21320 Address: 600 Rio RD W Station No.: Seminole Trail City /State /Zip: Charlottesville, VA 22901 Phone: (860)510 -3902 Recipient Signature Recipient: )PI Inspector: Inspector Page:2 From: Julie Carroll [mailto:ppdou lava (abyahoo.com] Sent: Tuesday, March 06, 2012 7:56 PM To: Rebecca Ragsdale Subject: Re: ? Rebecca, This is our plan! Natural Beginnings In Home Daycare, LLC has a plan to use 600 Rio Rd West as a Family Day Home. We will live in and operate an In Home Daycare on this property. 1000 sq ft of the space will be dedicated to the daycare. We offer Eco Friendly, all natural and very family friendly childcare. Cloth diaper support, breastfeeding support, baby wearing and basic, simple toys are a few of the things we offer. We also have flexible, hourly, part time and full time hours. We are open 730 -530 and will have 3 -4 staff. Myself and my husband or one other full time employee will always be at the daycare. Each child is worth a certain number of points according the the state. (6w -15m is 4 points and 15m -3y is 3 points) Each staff member can have up to 16 points worth of children. With 12 children that usually is about 3 employees on staff. I will schedule staff according to that rule. I will always be home for open and closing except when I am away with notice. My full timer will arrive by 9 and my part timer will arrive by 1130.(this can change.. all depends on what hours each child uses) We will need 2 parking spots for myself and my husband and 2 for staff at any given time of day. I believe there are 12 spaces available. My families have a staggered drop off, dropping children off anywhere between 730 - 930am. I wouldn't expect more than 3 spaces needed for families at any one given time. The large front yard will be fenced in and used as an outdoor play space. The yard that faces Rio will have a privacy fence no higher than 6ft and be made of wood. The rest of the yard will be surrounded by a safety fence at least 4ft high also made of wood. A locked gate will be used to allow entrance into the yard. 1200 sq ft of the space will be used for residential living for my family and that space will be connected to the daycare building by a permanent roof. The last 1000 sq ft is unused at this time and may be used as office space later on. Please let me know if you have any other questions. Thanks Julie Carroll - Despres Dan will drop the application and the drawings off by the end of the week. ALBEMARLE COUNTY CODE b. All such uses shall conform to the requirements of the Virginia Department of Health Bureau of Tourist Establishment Sanitation and other applicable requirements. 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) 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) (§ 5.1.0.6, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01) 5.1.07 GROUP HOMES Each group home shall be subject to the following: (Added 10 -3 -01) a. Conditions may be imposed on such homes to insure their compati ity with other permitted uses, but such conditions shall not be more restrictive than those ' nposed on other dwellings in the same districts unless such additional conditions are nece ary to protect the health and safety of the residents of such homes; b. OEa Each group home shall be subject to Albemarle County fife official review. (Amended 10 -3- (§ 5.1.07, 12- 10 -80; Ord, 01- 18(6), 10 -3 -01) 5.1.08 DRIVE -IN THEATRE a. Minimum area of site shall be five (5) b. The site shall be adjacent to a major road or roads and entrances and exits shall be from said roads; c. Off - street parking or storage lanes or waiting patrons shall be available to accommodate not less than thirty (30) percent offle vehicular capacity of the theatre unless at least six (6) entrance lanes, each with a tic et dispenser, are provided, in which case the amount may be reduced to not less than ten ( ) percent; d. The screen shall be locat d as to be reasonably unobtrusive to view from any major street, - public area or scenic loo out; e. A wall or fence of /h adequate height shall be provided to screen the patrons and cars in attendance at said Aeatre from the view of the surrounding property. The perimeter of said fence shall be laedscaped with suitable plants and shrubbery to preserve as far as possible harmony with to appearance of the surrounding property; f. Individual I ild speakers for each car shall be provided and no central loud speaker shall be permitted; 18 -5 -5 Zoning Supplement 416, 10 -3 -01 . ALBEMARLE COUNTY CODE "Flammable and Combustible Liquids Code, NEPA 30" of the National Fire Prevention Association, b. No storage tanks and loading facilities shall be located closer than one hundred (100) feet from any lot line. (§ 5.1.20,12-10-80; Ord. 13-18(l),4-3-13) 5.1.21 ON -SITE DWELLINGS AND SLEEPING QUARTERS ACCESSORY TO COMMERCIAL AND INDUSTRIAL USES Each on -site dwelling or sleeping quarters that is accessory to a commercial or industrial use shall be subject to the following: a. Dwellings and sleeping quarters may be occupied only by owners or employees of the establishments, including on -site security officers, scientists and lab technicians. b. Any dwelling may be detached from the establishment to which it pertains or within the same structure as the establishment, subject to Albemarle County building official and fire official approvals. c. Any sleeping quarters shall be located within the primary structure and shall be subordinate to the primary use. =dwelling � d. Not more tha one (1) it ) sleeping quarters shall be permitted per establishment. e. No manufactured home shall be permitted as a dwelling unit for a period in excess of six (6) months. (§ 5.1.21, 12- 10 -80; - 17 -82; 4- 17 -85: Ord. 13- 18(1), 4 -3 -13) 5.1.22 FEED AND S ED STORE a. All loose b lk storage of seed, grains and feed shall be in encloswbuildings; b. Provision sh�l be made for the control of dust duri handling of loose bulk storage materials; c. No such use shaYl be established without Albemarle County fire official approval. (§ 5.1.22, 12- 10 -80) 5.1.23 (Repealed 9 -9 -92) 5.1.24 SUBORDINATE RETAIL This provision is intended to following regulations shall aapp a. Retail sales area, inc Sidi exceed fifteen (15) erce 27.2.2.13; retail sales as subordinate to the main use. To this end, the b t not limited to showroom and outdoor display area, shall not of t e floor area of the main use except as provided for in section b. Retail sales all not precede esta ishment of the main use. Retail sales shall be permitted only fter r simultaneous) with th establishment of the main use and shall not continue Y simultaneously after disg ntinuance of the main use; 18 -5 -11 Zoning Supplement #78, 4 -3 -13 • Wit l COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 March 14, 2012 Julie Carroll - Depres Dan Depres 1111 Wellford St. Charlottesville, VA 22903 RE: Zoning Clearance CLE 2012 -55 Natural Beginnings Tax Map Parcel: 04500- 00 -00- 16600; 600/602 Rio Rd. W. Zoning District: CO Commercial Office Dear Mr. and Mrs. Depres, Fax (434) 972 -4126 This letter is in response to your application for a zoning clearance dated March 9, 2012 and the supplemental information you provided via e-mail dated March 6, 2012. 1 have reviewed the above - referenced information and applicable zoning regulations of the property, which is zoned CO- Commercial Office. This letter is to confirm that the proposed uses of Day Care Center ( §18- 23.2.1(12)) and Dwelling ( §18.- 23.2.1(10)) are permitted uses. However, your application cannot be approved at this time because Building Official and the Department of Social Services approvals have not been provided. Your proposal is to use the existing structure addressed as 600 Rio Rd. W. as a dwelling for your residence and use 602 Rio Rd. W. as a daycare center which you wish to have licensed as a Family Day Home by Department of Social Services on the ground floor and have the second floor remain available for office space. You also propose to connect the two structures. The Zoning Ordinance definition of day care center and supplemental zoning regulations that apply to daycare centers are listed below. Day care center: An establishment operated for the purpose of providing care, protection and guidance to a group of six (6) or more children under the age of thirteen (13) during the absence of a parent or guardian during a part of a day, and includes those establishments commonly known as preschools and nursery schools. The term "day care center" does not include: (1) an establishment licensed and regulated as a summer camp pursuant to Virginia Code § 35.1 -1 et seq.; (2) a school extended day enrichment program; (3) a school, unless such school is operating a day care center outside of regular classes; and (4) a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services. The uses identified in this chapter as "child care," "day care," "nurseries" (for children) and "nursery facilities" are day care centers. (Added 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) 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) The Zoning Ordinance regulations that apply to your proposed dwelling are listed below. 5.1.21 DWELLINGS IN COMMERCIAL AND INDUSTRIAL DISTRICTS a. Dwellings in commercial and industrial districts are limited to owners or employees of establishments including night watchmen; b. Such dwelling may be located individually or in the same structure as the main use, subject to Albemarle County building official and fire official approvals; c. Not more than one (1) dwelling unit shall be permitted per establishment; d. No mobile home shall be permitted as a dwelling unit for a period in excess of six (6) months. (Added 3- 17 -82) (Amended 4- 17 -85) To comply with the Department of Social Services and the Building Official (see attached letter dated March 12, 2012) the building(s) may be reclassified to a single - family dwelling category for their regulatory purposes only. Single family dwellings are not a permitted use in the CO Zoning District. However, the proposed daycare center will establish a commercial use on the property that is permitted in the CO Zoning District if an approved Zoning Clearance and all applicable requirements are met. The regulations of §5.1.21 will also allow a Dwelling for owners of the commercial establishment. For purposes of the Zoning Ordinance, your proposed uses would be considered a Day Care Center and permitted Dwelling. In order to approve your Zoning Clearance, approvals from the Building Official and Department of Social Services must be obtained along with compliance with §5.1.06 above. If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of this notice, in accordance with Virginia Code § 15.2 -2311. If you do not file a timely appeal, this determination shall be final and unappeasable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a fee of $240 plus the actual cost of advertising the appeal for public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.org /cdapps. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Julie and Dan Despres March 19, 2012 RE: CLE 2012 -55 Natural Beginnings Page 2 Section 34.3 of the Zoning Ordinance, which contains the regulations pertaining to the filing of an appeal to the Board of Zoning Appeals, is located in Chapter 18 of the Albemarle County Code and it may also be reviewed online at: http://www.albemarle.org/upload/ima.ges/Forms Center /Departments /County Attorney /Forms /AI bemarle County Code Ch18 Zoning34 Appeals.pdf. Please let me know if you have any questions. Sincerely, 4" fTtaj Rebecca Ragsdale Senior Planner m Cc: Jay Schlothauer, Building Official Julie and Dan Despres March 19, 2012 RE; CLE 2012 -55 Natural Beginnings Page 3