HomeMy WebLinkAboutCLE201500041 Action Letter 2015-07-29COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
June 15, 2015
Delois Grady
64 Woodlake Drive
Charlottesville, VA 22901
RE: CLE2015000`5I Ms. Lala's child care (family day home)
Dear Ms. Grady:
On May 13, 2015, the Albemarle County Board of Supervisors took action on the above -
noted petition to approve a special exception for a family day home. This approval was
based on the following conditions:
1. No outside activities before 10:00 a.m. or after 7:30 p.m. associated with this
use;
2. Parking for child pick-up and drop-off and any employee not residing in the home
shall be on -street only;
3. Before the family day home for six (6) to twelve (12) children uses HOA common
area for activities, the applicant shall provide evidence to the Zoning
Administrator that it has obtained the consent of the HOA to use the HOA
common area for that purpose.
If you have questions regarding the above -noted action, please contact Rebecca
Ragsdale at 296-5832.
Sincer y,
becca Ragsd le u
Senior Planner
Zoning Division
RESOLUTION TO APPROVE SPECIAL EXCEPTION
FOR CLE 2015-41 MS. LALA'S CHILD CARE (DELOIS GRADY)
WHEREAS, Delois L. Grady and Thomas N. Morton, Jr. are the owners of Tax Map and
Parcel Number 061X2 -00 -OW -00800 (the "Property"); and
WHEREAS, Delois Grady filed a request for a special exception in conjunction with CLE
2014-41 Ms. Lala's Child Care (Delois Grady) in March, 2014 to allow Ms. Lala's Child Care to
care for six to twelve children; and
WHEREAS, the Board of Supervisors approved the special exception with conditions,
including a condition that the approval would expire on May 14, 2015 and would be subject to
reapplication and approval for continued use; and
WHEREAS,* Delois Grady filed a request for a special exception in conjunction with CLE
2015-41 Ms. Lala's Child Care (Delois Grady), to allow Ms. Lala's Child Care to continue to care for
six to twelve children.
NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the
executive summary prepared in conjunction with the special exception request, staff's supporting
analysis included in the executive summary, and all of the factors relevant to the special
exceptions in Albemarle County Code §§ 18-5.1.56(b)(7)(b) and 18-33.9, the Albemarle County
Board of Supervisors hereby approves the special exception to allow Ms. Lala's Child Care to
continue to care for six to twelve children in conjunction with CLE 2015-41, as described
hereinabove, subject to the performance standards for this use in Albemarle County Code § 18-
5.1.56(b) and the conditions attached hereto.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six
to zero, as recorded below, at a regular meeting held -on May 13, 2015.
Clerk, /Board of/County Supervisors
Ave Nay
Mr. Boyd
Y
Ms. Dittmar
Y
Ms. Mallek
Y
Ms. McKee)
Y
Ms. Palmer
Y
Mr. Sheffield
Y
CLE 2015-41 Ms. Lala's Child Care (Delois Grady) Special Exception Conditions
1. No outside activities before 10:00 a.m. or after 7:30 p.m. associated with this use;
2. Parking for child pick-up and drop-off and any employee not residing in the home shall be
on -street only; and
3. Before the family day home for six to twelve children uses HOA common area for activities,
the applicant shall provide evidence to the Zoning Administrator that it has obtained the
consent of the HOA to use the HOA common area for that purpose.
00
FOR OFFICE � USE ONLY CLE # v �'/� ( �/
Fee Amount $ �•- b Date Paid 6 By who? Jv� ✓ J I +fes Receipt # `bqq q Ck# l q � By: ryl' `-1
0
GoninQ Clearance for Family Dav Home
21_6�iearance Fee= $50
amily day home checklist items (See page 2). Please schedule a pre -application meeting with staff prior to
submitting an application to go ensure that all requirements are met,
"1%1£-.Cal��f�l�l�l-��07r1�p]51YCc�Tit� N,�
Family day home: Child day program offered in the dwelling unit of the provider or the dwelling unit that is the home of any of the
children in care for one (1) through twelve (12) children under the age of thirteen (13), exclusive of the provider's own children and
any children who reside in the home, when at !east one child receives care for compensation. For the purposes of this definition, a
child day program is a regularly operating service arrangement for children where, during the absence of a parent or guardian, a
person has agreed to assume responsibility for the supervision, protection, and well-being of a child under the age of thirteen (13) for
less than a twenty-four (24) hour period
Le
Project Name: MS C� �.a � ,.` � \c\_
Tax map and parcel: (•Q l 9(_1_= 0 0 Lo - 0 d gl� V Zoning: P i1 -1)
Physical Street Address (if assigned): b A LZoo p,. 4e
Location of property (landmarks, intersections, or other): Q�r.,mrnc r,,(1S
dt:> TV ;Ij -e
Contact Person (Who
o� should we call/write concerning this project?): �_k ?,S G rei G�t 1
Address lU,t tit�t�-G ��✓ city State Qlft- Zip 2
Daytime Phonep n) / )t? 0 Fax # (__j E-mail dr—ady 7& Occ -bla r cin
Owner of Record
Address C%4 �
Daytime Phone 6ff)j'7,S 7,� Q Fax # L__)
Applicant (Who is the Contact person representing?):
CiryC'�cK11 s M 1k State L— Zip /
E-mail cirA -?V-A
4&<C IQJMa
Address (O`( L,0L C;CkL,.kA- 1W,0 Q_ City3
Statee aP1_
Zip
Daytime Phone til) �, 7�5 / Fax #
E-mail ,A
it
Owner/Applicant Must Read and Sign
I hereby certify that the information provided on this application and accompanying information is accurate, true and correct to the best of
my knowledge and belief.
Signature of Owner, Agent Date
Print Name Daytime phone nurn er of Signatory
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
10/4/13 Page 1 of 3
FAMILY DAY HOME CHECKLIST
(FROM ZONING ORDINANCE SECTIONS 5.1.56 & 31.5)
APPLICANT MUST HAVE THE FOLLOWING INFORMATION TO APPLY:UI1(,lrL(�j
escri ion of your proposed family day home use, including number of children you are licensed to care for, number of
em yees, how long you have been licensed, and any additional information to address the zoning regulations below.
Sketch of your property (a GIS map, physical survey, or plat of the property may be used) that shows the following:
a. Show the location of parking spaces used for the dwelling and Family Day Home (see parking requirements below)
b. Show the location of the access (ex. Driveway) for the Family Day Home
PLEASE READ ALL OF THE INFORMATION BELOW AND THEN CHECK EACH BOX SO THAT IT IS CLEAR THAT
YOU UNDERSTAND THE REQUIREMENTS FOR FAMILY DAY HOMES:
011 Traffic. The additional traffic generated by a family day home, excluding trips associated with the dwelling unit, shall
not exceed twenty-four (24) vehicle round trips per day. For the purposes of this section, a "vehicle round trip" means
one vehicle entering and exiting the site. See waiver information below.
- Parking. Each family day home shall provide one (1) parking space plus one (1) parking space for each additional
employee. The parking spaces may be located on-site, on the street where authorized by law, or in a parking lot safe and
convenient to the family day home. (For example, a single family dwelling needs 2 parking spaces and .l space for
family day home)
❑ Additional improvements to entrance and access. A zoning clearance shall not be issued if, after review of any site,
additional improvements are necessary to protect public health or safety. In conjunction with each application for a
zoning clearance, the zoning administrator shall identify, if necessary, the applicable design and improvements required
that are at least the minimum necessary to protect public health and safety by providing safe ingress and egress to and
from the family day home site, safe vehicular and pedestrian circulation on the site, and the control of dust as deemed
appropriate in the context of the use. The zoning administrator may consult with the county engineer or the Virginia
Department of Transportation regarding the minimum design and improvements for the entrance and access.
dState licensure. Each family day home shall acquire and maintain the required licensure from the Virginia Department
of Social Services. The owner or operator of the family day home shall provide a copy of the license to the zoning
administrator. The owner or operator's failure to provide a copy of the license to the zoning administrator shall be
deemed to be willful noncompliance with the provisions of this chapter. (Please provide a copy of your license.)
I�ecdon by _Fire q ficial. The Albemarle County fire oflac ial is authorized to conduct periodic inspections of the
family day home. The owner or operator's failure to promptly admit the fire official onto the premises and into the
dwelling unit to conduct an inspection in a manner authorized by law shall be deemed to be willful noncompliance with
the p'rovisions of this chapter.
0 Relationship to other laws. The provisions of this section are supplementary to all other laws and nothing 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, (Your application will be
forwarded to the Building Official, Social Services, and Fire Marshal to confirm any applicable requirements are
niet.)
Notice to abutting lot owners. At least thirty (30) days prior to acting on the zoningclearance, the zoning administrator
shall provide written notice of the application for a zoning clearance to the owner of each abutting lot under different
ownership than the lot on which the proposed family day home would be located. The notice shall identify the proposed
family day home, its size and capacity, its location, and whether a special exception under subsection (see below) is
requested. The notice shall invite the recipient to submit any comments before the zoning clearance is acted upon. (Staff
10/4/13 Page 3 of 3
'willprovideyou a list of'your neighbors that will be notified under this requirement. See section below forprocess if
neighbor objection is received.)
WHEN BOARD OF SUPER VISORS APPROVAL IS NEEDED (NO ADDITIONAL FEES REQUIRED):
LQ,Neighbor Objection received -Special exception. If the zoning administrator receives a written objection to the family
day home from the owner of an abutting lot within thirty (30) days after the notice was mailed or delivered, the
zoning clearance shall not be approved until after the applicant obtains a special exception for the family day home as
provided in sections 33.5 and 33.9. In acting on a special exception, the board shall c sider whether the proposed
use will be a substantial detriment to abutting lots. Mmk4 SA GLC�1b 33,
Traffic waiver. The limitation on the number of vehicle round trips per day, may be waived or modified by special
exception. In acting on a special exception, the board shall consider whether the waiver or modification of the
number of vehicle round trips per day will change the character of the neighboring agricultural area or the residential
neighborhood, as applicable, and whether the additional vehicle trips per day will be a substantial detriment to
abutting lots. Notice of the application for a special exception shall be posted as provided in section 33.4(m)(2).
REVIEW PROCESS
BY -RIGHT:
BOARD OF SUPERVISORS APPROVAL NEEDED:
1. Submit Zoning Clearance application and require
1. Submit Zoning Clearance application and required
information (see checklist above).
information (see checklist above).
2. Staff will review for completion and mail ab ing
2. Staff will review for completion and mail abutting
owner notification to your neighbors who ill have
owner notification to your neighbors who will have
30 days and to review and comment o our request.
30 days and to review and comment on your request.
3. Staff will forward a copy of your a ication to the
3. Staff will forward a copy of your application to the
Fire Marshal, Building Official, d Social Services
Fire Marshal, Building Official, and Social Services
for their review, comment, an approval.
for their review, comment, and approval.
4. Staff will schedule a time visit your property.
4. Staff will schedule a time to visit your property.
5. Staff will approve appli tion if requirements have
5. Staff will schedule your application to be heard at
been met.
next available Planning Commission meeting.
6. A public notice sign will be posted at your property.
7. Following the Planning Commission meeting, staff
will coordinate the date of the next available Board
of Supervisors meeting.
8. Board will take action to approve or de y your
application. 1511�115 �l
9. Staff will pick-uppublic notice scan.
Conditions
Zoning Official
APPROVAL INFORMA"'HON
[ ] Approved as proposed [\/]/pproved with conditions [ ] Denied
Date
10/4/13 Page 3 of 3
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF SOCIAL SERVICES
CONTACT WITH LOCAL ZONING ADMINISTRATOR
THE FOLLOWING INDIVIDUAL PLANS TO SUBMIT AN APPLICATION FOR A LICENSE TO
OPERATE A FAMILY DAY HOME PURSUANT TO § 63.2-100 OF THE CODE OF VIRGINIA
To Be Completed by Operator of Family Day Home
NAME OF APPLICANT
PHYSICAL ADDRESS
STREET OR ROUTE NO. CITY
TE ZIP
3�
APPLICANT'S TELEPHONE NUMBER: ' EMAIL ADDRESS:G' �� &A "] Q1 2 nc- Le
THE HOME IS LOCATED IN THE COUNTY OR CITY OF
APPLICANT IS REQUESTING A LICENSE TO CARE FOR -THE FOLLOWING NUMBER OF
CHILDREN (NOT INCLUDING CHILDREN WHO RESIDE IN THE HOME): I
To Be Completed by Local Zoning Administrator
THE ZONING ADMINISTRATOR'S SIGNATURE ON THIS FORM VERIFIES THAT THE
APPLICANT HAS INFORMED THE ZONING ADMINISTRATOR OF HIS/HER PLANS TO
APPLY FOR A LICENSE TO OPERATE A FAMILY DAY HOME AT THE ADDRESS ABOVE.
Tax Map #
Parcel #
Zoning District -�
Ul�5
Name of Zoning
of
Telephone Number: L( J.� �"t 9%
Email Address:
Date
Comments: Q �^� �Z.��.- aundu
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l.�C.N
For questions, please con act your Area Licensing Office (Information Attached)
032-05-0982-01-eng (07/12)
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April 24, 2015
Delois Grady
64 Woodlake Dr,
Charlottesville, Va. 22901
To Whom it may concern:
I Delois Grady am requesting the approval of my In-home Childcare on 64 Woodlake drive. I have been
doing childcare atthis address for 14 years with no complains until the zoning ordinance went in to
affect. Due to the fact that I run a licensed daycare, I have to abide by all the laws and statue but,
because I choose to do what is right I'm being penalized for it.
When I brought my home I chose this neighborhood because it appeared to have a family/friendly felt
atmosphere but unfortunately today this is not the case. Before they removed the playground from the
neighborhood my kids and I would go there almost every day. Not only would they enjoy playing there
with the other kids but I enjoyed meeting with the other childcare providers. I moved to 64 Woodlake
drive 14 years ago along with my daycare and my connected neighbor was already in her home. I have
never had one complaint in those 14 years so I just don't understand why now. Does it really take 14
years to realize something is of bother to you?
I have nothing but the utmost respect for my neighbors and would never intentionally invade someone
else's privacy but I am very offended by my neighbor's response and all I'm trying to do offer a service
that is a great need to many families. There may be a zone change in place and false complaints with no
truth to them but no one could ever stop me from standing up for what I feel is right and taking care of
and loving my kids as if they were my own. I am almost of retirement age and 3 years ago 1 had already
planned to decrease the number of kids I care for and this has nothing to do with a zoning issue or any
ridiculous complaints.
To say all of this, I'm asking you to please look at this situation as fair and honest as possible and
understand that this is not only my job but where my love and heart goes every single day.
Thanks in advance,
Delois L. Grady
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