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Home My WebLink AboutSP200900022 Legacy Document 2009-12-09COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP200900022 Daylily Preschool Staff: Joan McDowell, Principal Planner Planning Commission Public Hearing: Board of Supervisors Public Hearing: December 15, 2009 To be Determined Owner: Mountain Plain Baptist Church Applicant: Elizabeth Claman Acreage: 2.34 acres Special Use Permit: SECTION: 10.2.2.7 Private School TMP: 05700000002600 Existing Zoning and By -right use: Location: 4297 Old Three Notch'd Road, at RA -- Rural Areas: agricultural, forestal, and intersection of Brown's Gap Road (Rt. 680) and fishery uses; residential density (0.5 unit/acre Seven Hills Lane Magisterial District: White Hall Conditions: Yes DA (Development Area): Requested # of Dwelling Units: NA RA (Rural Areas): X Proposal: Private preschool for a maximum of 10 Comprehensive Plan Designation: Rural Areas children located within existing Mountain Plain - preserve and protect agricultural, forestal, open Baptist Church, but not affiliated with Church space, and natural, historic and scenic resources/ density (0.5 unit/ acre) Character of Property: Property contains Use of Surrounding Properties: Residential, existing church and separate building for offices farmland, forested areas, Beaver Creek Reservoir and classrooms; playground in rear; two gravel entrances and parking areas Factors Favorable: Factors Unfavorable: 1. The preschool would not impact the Staff has not identified any factors unfavorable to surrounding community. this application. 2. The preschool would occupy a portion of an existing building and not require an additional structure. 3. The preschool would be consistent with the RA section of the Comprehensive Plan. RECOMMENDATION: Staff recommends approval of this Special Use Permit with conditions. SP200900022 Daylily Preschool PC 12/15/09 Staff Report Page 1 STAFF PERSON: Joan McDowell, Principal Planner Rural Areas PLANNING COMMISSION: December 15, 2009 BOARD OF SUPERVISORS: To be Determined SP 200900022 Daylily Preschool Petition: PROPOSED: Private preschool for a maximum of 10 children located within existing Mountain Plain Baptist Church, but not affiliated with Church ZONING CATEGORY /GENERAL USAGE: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots SECTION: 10.2.2.7 Day care, child care or nursery facility 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: No LOCATION: 4297 Old Three Notch'd Road, at intersection of Brown's Gap Road (Rt. 680) and Seven Hills Lane TAX MAP/PARCELS: 05700000002600 MAGISTERIAL DISTRICT: White Hall Character of the Area: Agricultural and forested areas with scattered residential; less than 250' from the Beaver Creek Reservoir Park. Specifics of the Proposal: The applicant has requested approval of a special use permit for a children's preschool within an existing building containing offices and classrooms adjacent to the Mountain Plain Baptist Church sanctuary building. A plan for the property is included as Attachment A. An existing small playground is located to the rear of the church would be available for the school. The applicant has requested the following operational specifics: • maximum 10 children, ages 2 '/z to 5 years (originally asked for 9, but later revised by phone) • two staff • transportation provided by parents • a gravel parking area in front of the church and the subject accessory building would serve the preschool • hours of operation 8:30 to 12:30, Monday — Friday • snacks provided by school; lunches provided from home • the preschool would take place in an accessory building, adjacent to the church sanctuary and would have a separate entrance on the side of the building • the preschool would be privately owned and operated (rent the building space from the Church). Planning and Zoning History: There is no planning or zoning history for this property. Conformity with the Comprehensive Plan: Comprehensive Plan designates the subject properties as Rural Areas emphasizing the preservation and protection of agricultural, forestal, open space, and natural, historic and scenic resources as land SP200900022 Daylily Preschool PC 12/15/09 Staff Report Page 2 use options. The proposed preschool impact would not create negative impacts on the goals of the Plan and would implement the following Guiding Principles: • Protect and enhance rural quality of life for present and future Rural Areas residents. • Address the needs of existing rural residents without fostering growth and further suburbanization of the Rural Areas. STAFF COMMENT: This application is not subject to the First Amendment's Establishment and Free Exercise Clauses and the Religious Land Use and Institutionalized Persons Act of 2000 ( "RLUIPA "), since the preschool would be privately owned and operated and not associated with the church. Staff addresses each provision of Section 31.6 of the Zoning Ordinance: 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, The closest residence on an adjacent property (TMP 57 -29A) is owned by the Church. The traffic and other activities resulting from the preschool's enrollment n and half -day schedule would have limited impact on the adjacent residents. that the character of the district will not be changed thereby and The character of the Rural Areas District would not be changed, as the preschool would be conducted within an existing building and the children would use the existing playground. No new structures have been proposed. The additional traffic to drop off and pick up the children would be minimal. that such use will be in harmony with the purpose and intent of this ordinance, Section 18, Chapter 10 of the Zoning Ordinance outlines the purpose of Rural Areas zoning: "This district (hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the zoning map for the following purposes: - 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. The preschool would support the local residents and would not create negative impacts on the purposes of the RA district. with uses permitted by right in the district, By -right uses would not be negatively impacted by the addition of the school in the existing church. with the additional regulations provided in section 5.0 of this ordinance, 5.1.06 DAY CARE CENTER, FAMILY DAY HOME Each day care center or family day home shall be subject to the following: 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 SP200900022 Daylily Preschool PC 12/15/09 Staff Report Page 3 administrator a copy of the original license. Failure to do so shall be deemed willful noncompliance with the provisions of this chapter; A condition of approval to require state licensing has been offered. 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; The Fire Department has reviewed this application and has advised the applicant that this use must comply with Virginia Statewide Fire Prevention Codes. 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 The applicant has been advised of these requirements. and with the public health, safety and general welfare. A concern is that the church entrance closest to Brown's Gap Turnpike does not meet sight distance requirements. The County Engineer recommended a long -term plan to control access and circulation with improvements to both entrances and the two parking areas (Attachment Q. The County Engineer has advised that "some alteration to the frontage to achieve all or part of this concept might be appropriate." The Virginia department of Transportation (VDOT) would allow a second entrance closer to the proposed preschool at this time, even though the geometrical features are not up to standard. According to the (VDOT), the traffic volume for Brown's Gap Turnpike (Route 680) in this area is 700 Vehicles per Day (VPD) and on Old Three Notch'd Road (Route 802) is 300 VPD. Two accidents have occurred in the past 12 years at the intersection; however there has been no accident data reported at the entrances to the site. The church is already under a commercial entrance permit that would cover this use; however, if there is a significant change in use or there is a safety issue or the preschool creates a safety issue, VDOT may require entrance improvements at that time. A condition of approval that would require an amendment of this special use permit (Condition 2) if the enrollment expands beyond 10 children. SUMMARY: Staff has identified the following factors favorable to this application: 1. The preschool would not impact the surrounding community. 2. The preschool would occupy a portion of an existing building and not require an additional structure. 3. The preschool would be consistent with the RA section of the Comprehensive Plan. Staff has not identified any factors unfavorable to this application. SP200900022 Daylily Preschool PC 12/15/09 Staff Report Page 4 RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of SP200900022 Daylily Preschool, subject to the following conditions of approval: Development of the use shall be in accord with the conceptual plan titled "Special Use Permit 200900022 Daylily Preschool" prepared by the County of Albemarle, signed by the applicant and dated December 4, 2009 (hereafter "Conceptual Plan"), as determined by the Director of Planning and the Zoning Administrator. To be in accord with the Conceptual Plan, development shall reflect the following major elements within the development essential to the design of the development: location of buildings and preschool location of parking area and entrance to be used for the preschool relation of buildings and parking to the street as shown on the plan. 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 enrollment shall not exceed 10 children, without approval of an amendment to this special use permit. 3. The hours of operation for the preschool shall not begin earlier than 8 A.M. and shall end not later than 1 P.M. each day, Monday through Friday. 4. The use shall not operate without the required licensure by the Virginia Department of Social Services, as required by Section 5.1.06 of the Zoning Ordinance. 5. The Albemarle County fire official shall make periodic inspections of the premises, at his/her discretion. ATTACHMENTS Attachment A - Concept application plan and floor plan Attachment B — Location aerial Attachment C — County Engineer Long -term parking / entrance modifications SP200900022 Daylily Preschool PC 12/15/09 Staff Report Page 5 SP +2009 22:Daylily Preschool aO a a tI ` r yR p Parking a+ d ! ,k IF r t fe kr ry, r it r Y -R �t Pr.pu.A py Nprrwrl.CUUnly Oro. of Geographic Data S.rvioeyDDS} Wp _dW OcloW, 2m8 Sy Run Erna M N- Tha nvp.l.,11a tl.pi,bal r. p rphlo rw...rtre...m .r. m1 m n.orr..w or _,, r..Ic iewip 8.n. Prn l..h'" log rbdpLbmA E..E. ded Ih—gh S.plrnG.r 71.7008, II yabl Pholo2007,Co ormillhof Wpinla P i 90 45 0 P, - C� I R � Of Attachment A f +� Roads Buildings L � 90 Feet Parcel of Interest Driveways Parcels rive Evacuca+loy-) Ffcs+ c )o,,, ment A O 11 f Mount Plain Baptist`f.hurch st -25 Re,. 11 ATTACHMENT C