HomeMy WebLinkAboutSP200800060 Legacy Document 2009-06-03COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: SP2008 -60 Albemarle Baptist
Staff: Eryn Brennan
Christian School
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
June 10, 2009
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Owner: Albemarle Baptist Church; Marcus
Applicant: Albemarle Baptist Church; Marcus
Deloach, Pastor
Deloach, Pastor
Acreage: 6.26 acres
Special Use Permit: 10.2.2.5 Private
Schools
TMP: Tax Map 61 Parcel 1 E
Existing Zoning and By -right use:
Location: The parcel is located at 1685 Roslyn
Rural Areas: agricultural, forestal, and fishery
Ridge Road, at the northwest corner of Hydraulic
uses; residential density (0.5 unit/acre); Entrance
Road (Route 743) and Roslyn Ridge Road
Corridor Overlay District
Magisterial District: Jack Jouett
Conditions: Yes
RA (Rural Areas): X
Requested # of Dwelling Units: N/A
Proposal: To allow the use of a private school with
Comprehensive Plan Designation:
up to 40 students and 5 teaching staff in conjunction
Rural Areas — preserve and protect agricultural,
with the existing Albemarle Baptist Church
forestral, open space, and natural, historic and
scenic resources /density (0.5 unit/acre)
Character of Property: The church, a timber
Use of Surrounding Properties: The properties
frame and hardiplank construction, and a
to the south across Rio Road are included in the
substantial parking lot are located in the center of
Development Areas Comprehensive Plan Land
the site. Surrounding the church and parking lot is
Use and are zoned R -6 Residential. The
a mix of deciduous and evergreen woods.
properties to the north, east, and west are
included in the Rural Area Zoning District, and
are characterized by large single - family
residential lots. A large church and parking lot is
located east of the site.
Factors Favorable:
Factor Unfavorable:
1. No impacts on adjacent property resulting
1. An increase in traffic on Hydraulic Road
from the proposed use.
during peak morning hours.
2. The proposed use will help sustain the
continuing presence of a vibrant community
church, enhancing the quality of life for its
congregation.
3. The proposed use will minimally impact the
existing character of the church building.
RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions.
STAFF PERSON: ERYN S. BRENNAN
PLANNING COMMISSION: JUNE 9, 2009
SP 2008 -60 Albemarle Baptist Christian School
Petition:
PROJECT: SP200800060 Albemarle Baptist Christian School
PROPOSED: Private school with up to 40 students and up to 5 teaching staff on a 6.26 acre
property in conjunction with the existing Albemarle Baptist Church
ZONING CATEGORY /GENERAL USAGE: RA Rural Areas- agricultural, forestal, and fishery uses;
residential density (0.5 unit/acre in development lots); EC Entrance Corridor - Overlay to protect
properties of historic, architectural or cultural significance from visual impacts of development along
routes of tourist access
SECTION: 10.2.2.5 Private schools
COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas - preserve and protect agricultural,
forestal, open space, and natural, historic and scenic resources/ density ( .5 unit/ acre in
development lots)
ENTRANCE CORRIDOR: Yes
LOCATION: 1685 Roslyn Ridge Rd. at n/w corner of Hydraulic Rd. (Rt. 743) and Roslyn Ridge Rd.
TAX MAP /PARCEL: 061000000001 EO
MAGISTERIAL DISTRICT: Jack Jouett
Character of the Area:
The Albemarle Baptist Christian Church and a substantial parking lot are located in the center of
the parcel (see Attachment A). Surrounding the church and parking lot is a mix of deciduous and
evergreen woods (see Attachment B). The properties to the south are included in the Development
Area and are zoned R -6 Residential (see Attachment C). The properties to the north, east, and
west, designated Rural Area in the Comprehensive plan, are included in the Rural Area Zoning
District, and are generally characterized by large single - family residential lots. A large church and
parking lot is located east of the site.
Specifics of the Proposal:
The Albemarle Baptist Christian Church is requesting a special use permit for a private school, to
allow an elementary school to open in the fall of 2009 (see Attachment F for a complete list of
special use permits applications for private schools in Albemarle County since 1998). The school
would operate on the lower level of the existing church, with a maximum of 40 students and 5
teaching staff at this time (see Attachment D). Initially, the enrollment would be for Grades 3 -8;
however, Grades 1 and 2 and 9 -12 would be added as the need develops. Any expansion beyond
a maximum of 40 students and 5 teaching staff will require an amendment to this Special Use
Permit. The school would operate from September to June, and hours of operation would be limited
to regular school hours, typically 8:30- 4:30pm. Outdoor activities would be confined to the left side
yard and parking lot. Although no exterior construction is proposed with this application, the
applicant has indicated that some playground equipment would be purchased for the side yard. As
students would be transported by their parents, the school would not operate a bus. Students
would bring their own lunches since no lunch service will be provided.
Planning and Zoning History:
• In 1987, the parcel was originally created as a 21.1156 acre lot with the right -of -way to have
only one dwelling.
• In 1999, VDOT established a right -of -way for the future Route 29 Bypass, essentially
splitting the site into two parcels.
• SP2001 -47, a special use permit to construct a church on the site farthest from the
SP 2009 -60
PC June 9, 2009
Staff Report Page 2
remainder of the original residential subdivision lots, was approved by the Board of
Supervisors on May 15, 2002.
An application for a special use permit, SP2002 -49, requesting to amend the existing special
use permit to relocate the entrance from Roslyn Ridge Road to Hydraulic Road, was
withdrawn on October 31, 2002.
Conformity with the Comprehensive Plan: The land uses supported by the Rural Areas chapter
of the Comprehensive Plan include agriculture, forestry, and conservation. This chapter also
outlines the vision and goals for the Rural Areas, and recommends that land uses be small -scale
and consistent with traditional rural scales. As stated in the chapter, "Ensure that the scale and
scope of any new use is consistent with the existing infrastructure and character of [a] crossroads
community... without any requirement for upgrade or expansion of infrastructure" (24). The proposed
private school does constitute a small -scale use in keeping with a traditional rural scale since a 40
student maximum is proposed. Furthermore, the private school would be utilizing an existing
building, and therefore would not require an upgrade of the existing infrastructure. Eight private
schools in the Rural Areas have been approved since 1999. Of those private school approvals,
approximately half were for 50 students or more (see Attachment G).
Staff Comment:
This application is subject to the First Amendment's Establishment and Free Exercise Clauses and
the Religious Land Use and Institutionalized Persons Act of 2000 ( "RLUIPA "). One key provision of
RLUIPA states:
No government shall impose or implement a land use regulation in a manner that imposes a
substantial burden on the religious exercise of a person, including a religious assembly or
institution, unless the government demonstrates that imposition of the burden on that person,
assembly, or institution — (A) is in furtherance of a compelling governmental interest; and (B) is the
least restrictive means of furthering that compelling governmental interest. (italics added)
42 U.S.C. § 2000cc(a)(1). RLUIPA also requires that land use regulations: (1) treat a religious
assembly or institution on equal terms with nonreligious assemblies and institutions; (2) not
discriminate against any assembly or institution on the basis of religion or religious denomination;
and (3) not totally exclude religious assemblies, or unreasonably limit religious assemblies,
institutions or structures, from the locality. 42 U.S.C. § 2000cc(b).
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance as follows:
31.2.4.1: Special Use Permits provided for 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,
Staff does not anticipate any detrimental impacts to adjacent property. The school would utilize
existing facilities and would not interfere with the functions of the church. VDOT has confirmed that
the proposed school will not substantially impact traffic on Hydraulic Road, as the school will be
limited in size to 40 students and 5 staff.
that the character of the district will not be changed thereby and
There will be no site development changes or new construction on the property. The proposed
private school will make use of the existing community building, which has always been available
for use during the daytime hours that the school proposes to use the building.
that such use will be in harmony with the purpose and intent of this ordinance,
SP 2009 -60
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Staff Report Page 3
The purpose of the Rural Areas Zoning District is the preservation of agricultural and forestal lands and
activities; water supply protection; limited service delivery to the rural areas; and conservation of natural,
scenic, and historic resources. Since the school will be using an existing building, the use is not in conflict
with Rural Areas zoning.
with uses permitted by right in the district,
The subject property and the adjacent properties to the north, east, and west are zoned Rural Areas.
The uses permitted by right under RA zoning directly support agriculture, forestry, and conservation of
rural land. The private school would not adversely affect the permitted by right uses in the Rural Area
zoning district. The private school would not negatively impact the R -6 residential zoning district located
south of the parcel, as private schools are allowed by special use permit in this zoning district.
with the additional regulations provided in section 5.0 of this ordinance,
There are no regulations in Section 5.0 of the Zoning Ordinance that apply to private schools.
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 uses are appropriate in the location
requested. The Building Official has offered no concerns about the proposal.
The Albemarle County Service Authority (ACSA) has indicated that the site is not on public water
and is served by a well and septic system. The Health Department has stated that the current well
and sewage disposal system is sufficient for the proposed school with 40 students and 5 teaching
staff.
The proposed development of a private school with forty (40) students would generate 36 trips
during the morning peak hour and 24 trips during the evening peak hour on Hydraulic Road. The
most current traffic count for Hydraulic Road is 23,000 (2007 VDOT traffic count). There are
currently three public schools within close vicinity of the proposed development. These uses
generate traffic during the same peak time as the proposed development. Further school
expansion beyond this proposal could prove problematic from a traffic standpoint, given the existing
level of traffic on Hydraulic Road. The Virginia Department of Transportation (VDOT) has indicated
that the proposed use would not negatively impact traffic patterns on Hydraulic Road, but has also
noted that any future expansion, including an additional increase in the number of students or staff,
would require a traffic impact analysis.
Staff has advised the applicant to contact RideShare to coordinate carpooling.
SUMMARY:
Staff has identified the following factors favorable to this application:
1. The private school would provide expanded educational opportunities to the community and
nearby residential areas.
2. There are no anticipated detrimental impacts on adjacent property resulting from the
proposed use.
3. The proposed use would minimally impact the existing character of the church building.
Staff has identified one factor unfavorable to this application:
1. An increase in traffic on Hydraulic Road during peak morning hours.
SP 2009 -60
PC June 9, 2009
Staff Report Page 4
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of Special Use
Permit 2008 -060 Albemarle Baptist Christian School, subject to the following conditions of
approval. The conditions approved with SP 2001 -49 are included below. Conditions that no longer
apply have been struck through and new conditions are indicated in italics.
1. The school is limited to the existing building and grounds, as indicated on the concept plan
(Attachment C). Any additional building or site changes beyond those shown on the
approved site plan for SP 2001 -47, prepared by Dex A. Sanders and dated November 28,
2007, will require an amendment to this Special Use Permit.
2. Maximum enrollment of students and staff shall be limited to forty (40) students and five
(5) staff. Any increase in enrollment and /or staff shall require an amendment to this
Special Use Permit (SP 2009 -60) and a traffic study shall be required to
be submitted with the amendment.
3. Hours of operation for the school shall be from 8:30 a.m. to 4:30 p.m., Monday through
Friday, from September to June; and days of operation shall not exceed 336, excluding
special school events.
4. No additional outdoor lighting shall be allowed without an amendment to this Special Use
Permit.
5. Food preparation for the private school use shall not be conducted without an amendment
to this Special Use Permit.
6. A'! requirements of the ArehiteGtWal Review Beard of Supewisors shall be met,
the site plan indiGating the existing tree lane and speeifie trees of six (6) inGhes or gFeater
and retaining sinnifinant tress
7. The area of assembly shall be limited to a maximum four - hundred - thirty -five (435) seat
sanctuary.
8. Health Department approval of well and septic systems PFIOF tO final site plan approval.
9. Commercial setback standards, as set forth in Chapter 18, 21.7.2 of the Albemarle County
Zoning Ordinance, shall be maintained adjacent to residential uses or residentially zoned
properties.
10. Any number of parking spaces in excess of the required minimum shall not be paved.
11. There shall be no day Gare Genter or private SGhael on site without the approval of a
separate special use normi+
12. GenStFUGtien of Phase 1 [6,800 sq. ft. sanGtuary] shall oornmenGe within forty effight (48)
months or this s eeial use peFMit shall n
13. All requirements of VDOT shall be met prior to final site plan appFoval, inGluding approval
of one entrance from Roselyn Ridge Road, with a one hundred (100) foot right turn lane
and one hundFed (100) foot taper lane-.
ATTACHMENTS
Attachment A — Concept Plan
Attachment B — Aerial Map
Attachment C — Zoning Map
Attachment D — Floor Plan
Attachment E — SP 2001 -47 Staff Report
Attachment F — Board of Supervisors Action Letter and Conditions for SP 2001 -47
Attachment G — List and map of special use permit applications for private schools in
Albemarle Count
SP 2009 -60
PC June 9, 2009
Staff Report Page 5
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SP 2009 -60
PC June 9, 2009
Staff Report Page 7
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Staff Report Page 8
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SP 2009 -60
PC June 9, 2009
Staff Report Page 9
Attachment E
STAFF PERSON: Steven Biel
PLANNING COMMISSION: April 23, 2002
BOARD OF SUPERVISORS: May 15, 2002
SP 2001 -047 Albemarle Baptist Church
Applicant's Proposal: The applicant has requested approval of a =special use permit
to allow for the construction of a church. The submitted master plan proposes that the
construction would be built in three phases for a total of 25,800 sq. ft. and 174 parking
spaces. Phase 1 would consist of a 6,800 sq. ft. sanctuary and 60 parking spaces, phase 2
would consist of 9,400 sq. ft. sanctuary and 114 additional parking spaces, and phase 3
would consist of a 9,600 sq. ft. multi - purpose building. The property is currently
unimproved and mostly wooded (Attachment D).
If this request for a special use permit were approved, the applicant would have 24
months to commence the use, structure, or activity for which the special use permit was
approved, in accordance with Chapter 18, Section 31.2.4.4 of the Zoning Ordinance. The
applicant would like to request a waiver from 24 months to 48 months to allow additional
time to prepare for the site plan review (Attachment E). The request for the waiver is
reflected in condition #10 of the conditions of approval.
Petition: Request for special use permit to allow a church, in accordance with Section
10.2.2.35 of the Zoning Ordinance, which allows for churches in the Rural Areas. The
property, described as Tax Map 61, Parcel IE, contains 6.239 acres and is located in the
Jack Jouett Magisterial District on the northwest comer of Hydraulic Road (State Route
743) and Roslyn Ridge Road (State Route 1390), approximately 1.5 miles northeast from
the intersection of Seminole Trail (U.S. 29 North) and Hydraulic Road (State Route 743).
The property is zoned Rural Areas District (RA). The Comprehensive Plan designates
this property as Rural Area.
Character of the Area: The property under review contains 6.239 acres and slopes
up from the intersection of Hydraulic Road and Roslyn Ridge Road to the north. The site
is located in the Hydraulic Road Entrance Corridor, and all structures would be visible
from the entrance corridor. Although the site is located within the Rural Areas, the
surrounding area consists of a mixture of residential and commercial development. The
Union Ridge Baptist Church is located a short distance to the north, on the east side of
Hydraulic road, and the Church of Jesus Christ of Latter -Day Saints is adjacent to the site
to the north.
Planning and Zoning history: In 1987, the parcel was originally created as a
21.1156- acre -lat with - the- Fi -ght to ka } Lone- dwelti-.g:-- H- owever-,-in 1999, VDOT
established a right -of -way (approximately 328' at the widest point) for the future Route
29 Bypass, essentially splitting the site into two parcels. This created a situation where
the two portions of residue could construct only one dwelling on one of them.
SP 2001 -047
Last Revised: 4/16/02
SP 2009 -60
PC June 9, 2009
Staff Report Page 10
This special use request would provide a separate use to the parcel farthest from the
remainder of the original residential subdivision lots and allow a church in an area that
already has two churches within close proximity.
Comprehensive Plan: The Comprehensive Plan identifies this site as being located
in the Rural Area. The site is located on the northwestern side of Hydraulic Road, which
forms a boundary between the rural area and development area. The proposed church
could provide for a good transition between the rural area and development area.
RECOMMENDATION: Staff has reviewed this request for compliance with the
provisions of Section 31.2.4.1 of the Zoning Ordinance and consistency with the
Comprehensive Plan and recommends approval of SP 2001 -047 with conditions.
STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the
Zoning Ordinance.
The Board of Su ervisors 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 issued upon a finding by the Board of
Supervisors that such use will not be of substantial detriment to adjacent
ro e
This proposal would not be detrimental to adjoining property owners and is consistent
with the development pattern of the area. The proposed church would provide for a
transition between the rural area and the development area.
that the character of the district will not be changed thereby,
As the nature of the surrounding area can be described as a mixture of residential and
commercial uses, the proposed church would not change the character of the area. The
applicant has appeared before the Architectural Review Board (ARB) and has agreed to
the Board's four recommendations (Attachment F). A revised master plan was submitted
addressing the orientation of the structures and location of the parking behind the
structures.
The ARB is also concerned about what the effects of lighting and signs would have on
the entrance corridor. These issues would be addressed at the site plan review stage, with
additional review provided by the ARB. The ARB will be particularly interested in the
orientation of the proposed structures and parking configuration to ensure they are in
substantial compliance with the master plan.
SP 2001 -047 2
Last Revised: 4116102
SP 2009 -60
PC June 9, 2009
Staff Report Page 11
not be paved. This would allow a blend of urban and rural characteristics and help
promote the site as a transition between the development area and rural area.
SUMMARY:
Staff has identified the following factors favorable to these applications:
1. There are two existing churches within close proximity of the site.
2. The proposed church would serve as a transition between the developed area and
the rural area.
3. The site is located in an area that is more characteristic of the developed area
rather than the rural area.
Staff has identified the following factors unfavorable to this request:
The proposed number of parking spaces may prevent an adequate location for the
septic drainfield.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval, subject to
the following conditions:
1. All requirements of the Architectural Review Board shall be met, including the
site plan indicating the existing tree line and specific trees of 6" or greater and
retaining significant trees.
2. The church's improvements and the scale and location of the improvements shall
be developed in substantial compliance with the master plan entitled Albemarle
Baptist Church, prepared by Dex A. Sanders, and dated 11/28/01.
3. The area of assembly shall be limited to a maximum 435 -seat sanctuary.
4. Health Department approval of well and septic systems prior to final site plan
approval.
5. Commercial setback standards, as set forth in Chapter 18, Section 21.7.2 of the
Albemarle County Zoning Ordinance, shall be maintained adjacent to residential
uses or residentially zoned properties.
6. The required number of parking spaces shall be determined by the ability to
properly locate the septic drainfield.
7. Any number of parking spaces in excess of the required minimum shall not be
paved.
8. There shall be no day care center or private school on -site without approval of a
separate special use permit.
9. Construction of Phase 1 (6,800 sq. ft. sanctuary) shall commence within 48
months or this special use permit shall expire. ^
10. All requirements of VDOT shall be met prior to final site plan approval, including
approval of one entrance from Roselyn Ridge Road, with a 100' right -turn lane
and 100' taper lane.
SP 2001 -047 4
Last Revised: 4/16/02
SP 2009 -60
PC June 9, 2009
Staff Report Page 12
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902 -4596
(434) 296 - 5823
Fax (434) 972 - 4012
May 23, 2002
Attachment F
Dex Sanders
134 Burgess Lane
Charlottesville, VA 22902
RE: SP- 2001 -047 Albemarle Baptist Church, Tax Map 61, Parcel 1 E
Dear Mr. Sanders:
The Albemarle County Board of Supervisors, at its meeting on May 15, 2002, approved the above -noted
request. Please note that this approval is subject to the following conditions:
1. All requirements of the Architectural Review Board shall be met, including the site plan indicating the
existing tree line and specific trees of six (6) inches or greater and retaining significant trees.
2. The church's improvements and the scale and location of the improvements shall be developed in
substantial compliance with the master plan entitled Albemarle Baptist Church, prepared by Dex A.
Sanders, and dated 11/28/01.
3. The area of assembly shall be limited to a maximum four - hundred -thirty-five (435) -seat sanctuary.
4. Health Department approval of well and septic systems prior to final site plan approval.
5. Commercial setback standards, as set forth in Chapter 18, § 21.7.2 of the Albemarle County Zoning
Ordinance, shall be maintained adjacent to residential uses or residentially zoned properties.
6. Any number of parking spaces in excess of the required minimum shall not be paved.
7. There shall be no day care center or private school on -site without approval of a separate special use
permit.
8. Construction of Phase 1 [six- thousand (6,800) sq. ft. sanctuary] shall commence within forty-eight
(48) months or this special use permit shall expire.
9. All requirements of VDOT shall be met prior to final site plan approval, including approval of one
entrance from Roselyn Ridge Road, with a one - hundred (100) -foot right -turn lane and one - hundred
(100) -foot taper lane.
In the event that the use, structure or activity for which this special use permit is issued shall not be
commenced within twenty-four (24) months after the issuance of such permit, the same shall be deemed
abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section,
the term "commenced" shall be construed to include the commencement of construction of any structure
necessary to the use of such permit within two (2) years from the date of the issuance.
SP 2009 -60
PC June 9, 2009
Staff Report Page 13
Page 2
May 23, 2002
Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the
Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further
information, please call Jan Sprinkle at 296 -5832.
If you should have any questions or comments regarding the above -noted action, please do not hesitate
to contact me.
Sincerely,
U W
V. Wayne Crberg
Director of Planning &
VWC /jcf
Cc: Amelia McCulley
Jack Kelsey
Tex Weaver
Steve Allshouse
Matt Grimes, VDOT
ment
SP 2009 -60
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Staff Report Page 14
SP 2009 -60
PC June 9, 2009
Staff Report Page 15
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