HomeMy WebLinkAboutCLE201400222 Application 2015-07-29FOR OFFICE USE ONLY y y C�LLEE # 2 O 11i ._ Z Z. Z.
Fee Amount $ SO - W Date Paid fl 1 / r 9By who2 / ,Gi N� W eceipt # 9 7 b Ck# 39 �By:� _
APPROVED
by the Albemarle County
-Community Develo meat Department
ZoningClearance for FamilyDae
File
learance Fee= $50
2/Family 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.
et 'rorrtlrl�lrtstice-of this-application-has-beon-provi�ded-tmthe-property-owned--
iflo Miler is rliffPrPnt frnm-appl•loant,.
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 least 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
Project Name: 0 N— t✓1f I UM1S
Tax map and parcel: 4 031 i3o Oa -Do - i ()Q 0 O [b -41QQ Zoning:
Physical Street Address (if assigned):
Location of property (landmarks, intersections, or other): WCOc (h iw l k, 1 Dft
000ii -0TYMASAhvl 9l'cn.-6DVV (rMIC, 4de,OL lef'.
Contact Person (Who should we scall/write concerning project?): NUM
Address ' 40 R0VT� � /N-Ihl�."lipYUIY ` City
Daytime Phone �L- J 7 q �IILU'U!O Fax # (�
Owner of Record�h t_ 1 GL , V t�YI
State Vd. Zip
E-mail amr�nc�mu,�e holrrlc�ll-tow
Address ki-D 9OW(,1JVb tDWu City 1..:( rIVS i11�'-- gState V4 -'Zip Z7 -93S
Daytime Phone� 91 Q[4 F.#( �— E-mail � o w tLh ar'I ckf �')+-Q'''w o -i { ' f
Applicant (Who is the Contact person representing?):
Address 421-D RDW" �-Il�I V ► City �'1 y �V) �,O( State YA • Zip Z I
Daytime Phone 17�� Iff��lb Fax # L ) E-mail
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.
Signa ure of O Agent
Print Name
0d.. IG 2(), f
Date
4�31I 17` -033
Daytime phone number of Signatory
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Vr .
10/4/13 Page 1 of 3
FAMILY DAY HOME CHECKLIST
(FROWONING ORDINANCE SECTIONS 5.1.56 & 31.5)
APPLICANT MUST HAVE THE FOLLOWING INFORMATION TO APPLY:
Description of your proposed family day home use, including number of children you are licensed to care for, number of
ployees, 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
M 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 1 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
epartment of Transportation regarding the minimum design and improvements for the entrance and access.
State 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.)
Inspections by fire official. The Albemarle County fire official 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 a thorized by law shall be deemed to be willful noncompliance with
the provisions of this chapter. ppb 4 I o -t 16
ERelationship 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 He'althy�irginia State Fire Marshal; or any other loc , state or federal agency. (Your application will be
forwarded to the IS"uilding Official, Soci&4ervices, and Fire arshal to confirm any applicable requirements are
met.)
Notice to abutting lot owners. At least thirty (30) days prior to acting on the zoning clearance, 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
l 10/4/13 Page 3 of
will provide you a list of your neighbors that will be notified under this requirement. See section below for process if
neighbor objection is received.)
WHENBOARD OFSUPERVISORSAPPROVAL IS NEEDED (NO ADDITIONAL FEES REQUIRED):
LI 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 consider whether the proposed
use will be a substantial detriment to abutting lots. N6 Yl,, j -Q 6 Q, Y -A
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:
BOAHR
OF SUPERVISORS APPROV NEEDED:
1. ubmit Zoning Clearance application and required
1.
u it Zoning Clearance applicat' n and required
SUN
irmation (see checklist above).
infor anon (see checklist abov
2. V✓Staff will review for completion and mail abutting
2.
Staff w review for completipfiand mail abutting
owner notification to your neighbors who will have
oughbors who will have
owner no ' lcation to yr i
3(}4days and to review and comment on your request.
30 days and review a comment on your request.
3. LAtaff will forward a copy of your application to the
3.
Staff will forw d aco of your application to the
Fire Marshal, Building Official, and Social Services
Fire Marshal, Bu ' g Official, and Social Services
their review, comment, and approval.
for their review, c ment, and approval.
4. VS�& will schedule a time to visit your property.
4.
Staff will sched e a ' e to visit your property.
5. ��taff will approve application if requirements have
5.
Staff will sc ule you pplication to be heard at
been met.
next availa a Planning mmission meeting.
6.
A public otice sign will b osted at your property.
7.
Follo ' g the Planning Co ission meeting, staff
will oordinate the date of the xt available Board
o upervisors meeting.
8.
oard will take action to approve o deny your
application.
9:-
Staff willpick-up public notice sign.
APPROVAL INFORMATION
[ (�
Approved as proposed
Conditions
Zoning Official
[ ] Approved with conditions [ ] Denied
Date i I � A15
10/4/13 Page 3 of 3
Dear Neighbor,
I am writing because I own a preschool that I operate out of my home and am
seeking a permit with the county that is newly required for my business. It is in
operation between the hours of 9:00 and 12:00 and runs from Monday to Friday.
I have five children in attendance each day. During the summer I also offer a
summer camp, and care for three boys (brothers) between the hours of 9:00 and
5:30, so the permit I am seeking requests those hours, although the majority of
the time my school operates under the much shorter hours indicated above.
The county will be getting in touch with you, as a neighbor who might be affected
by my school, to see if you have any objections to my school being in operation. I
have had the school now for the past nine years, without any complaints from any
of you, so I am hoping that this request will be met with no objections. The
homeowner association granted me permission to have my school several years
ago with the stipulation that I have no more than five children in my care, and I
have again contacted them to make sure that no changes to my original approval
have occurred. I was recently told that my request would be addressed at the
next board meeting by the president, Geoff Alms.
If you have any questions or concerns regarding my school, would you please
contact me so that I can address them? I will be submitting my application shortly
and would very much like to make sure there aren't any problems or concerns
from you all.
My phone number is 974-6068 and my e-mail address is
danandmariaC@hotmail.com.
I thank you for your time and attention to this matter.
Sincerely,
Maria Brown
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Description of The Children's Garden Family Day Home
The Children's Garden is a half day preschool program. My hours of operation are
from 9:00-12:00 daily, although I am licensed to operate from 9:00 to 5:00
because during the summer months I care for three boys during those hours. I
am licensed to have up to eight children in my care at a time, and currently have
five children enrolled in each program that I offer. I do not have any employees,
other than myself. I have been licensed to operate since July, 2009. 1 originally
applied for a special use permit when I was first licensed, but because of
proposed changes, the application never completed the process of being
reviewed. I was, however, inspected by a fire marshal with the county who
approved my residence. The records for this approval may still be available
through the county if they are necessary. No physical changes have occurred
since that time.
I have enclosed a copy of my current license, which will be renewed this coming
January. This application is being submitted in anticipation of that license
renewal, and my application for renewal of my license is being submitted at the
same time. A copy of the new license can be submitted to the county upon
receipt if required.
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4012
NOTICE SENT FIRST CLASS MAIL AND CERTIFIED MAIL
November 21, 2014
RE: CLE # 2014-222 The Childrens Garden (Maria Brown)
4210 Rowan Court; Tax Map Parcel 031130000010000
Albemarle County Department of Community Development has received a request for a Family Day
Home on the parcel listed above. Per Section 5.1.56(B)(7) of the Zoning Ordinance, you are receiving
this notification because you are the owner or agent of abutting property to the site under review, shown
on the attached map.
This request is for zoning clearance approval for a family day home at a 4210 Rowan Court.
There are no outside employees associated with the family day home and the request is to care for
up to 8 children. The family day home currently operates with a class size of 5 children. Typical
hours are 9am-12pm, Monday -Friday and 9am-5pm, Monday -Friday in the summer months. No
waiver has been requested with this application.
The County will not take action on this request until at least 30 (thirty) days after the date of this letter.
Zoning staff will review this application to confirm it meets all of the Zoning Ordinance regulations of
Section 5.1.56, which includes traffic limits, provision of adequate parking, adequate entrance/access to
the family day home, review by the Building Official, Fire Marshal, and compliance with the licensing
requirements of the Virginia Department of Social Services. If the application meets all applicable
regulations, it will be approved by staff.
Per Section 5.1.56(B)(7) of the Zoning Ordinance, if a written objection to the family day home is
received from the owner of an abutting lot within thirty (30) days after the notice was mailed or delivered,
the zoning clearance will not be approved until after the applicant obtains a special exception from the
Board of Supervisors. If a written objection is made, it must state the specific reason for the objection
and describe how the proposed family day home would cause substantial detriment to adjoining property.
If the application will be heard by the Board of Supervisors, you will receive a second notice.
All information related to this request is available for review in the Department of Community
Development during normal business hours (8 a.m.- 5p.m., Mon -Fri). To assure the information is ready
for your viewing and to allow staff to be available to help with any questions, we encourage you to
schedule an appointment.
Please contact Rebecca Ragsdale at (434) 296-5832, ext. 3226 or rragsdale@albemarle.org if you have
questions or need more information.
Sincerely,
'0 _V
Rebecca Ragsdale, Senior Planner
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Rebecca Ragsdale
From: Charlie & Lucia Bakewell [cabakewell@aol.com]
Sent: Friday, December 19, 2014 1:47 PM
To: Rebecca Ragsdale
Cc: 'Maria Brown'; 'Geoff Alms'
Subject: RE: CLE #2014-222 The Children's Garden...
December 19, 2014
Rebecca Ragsdale (rragsdale@albemarle.org)
RE: CLE #2014-222 The Children's Garden.....
My name is Charles Bakewell and my family room and back yard look out across the Brown's back yard and at the side
and back of their house. Also, I have been on the Board of Earlysville Forest Homeowners Association for a continuous
term starting before Maria Brown requested permission to operate The Children's Garden Daycare. I also have been
head of Architectural Review since 1/1/2007, my entire time on the Board.
I am writing regarding a number of points to make sure there is a clear understanding of all aspects, implications,
expectations and responsibilities regarding The Children's Garden and the proposed 60% increase in daycare size.
Although our Covenants exclude businesses on the properties in Earlysville Forest, the Board decided to allow Maria
Brown to operate a daycare of up to five children provided that it had the same "approximately zero incremental
footprint" on the neighborhood that was apparent and allowed for any of the part-time or full-time Earlysville Forest
home office professional such as an accountant or realtor.
The Children's Garden has, for the most part, met that standard. Incremental traffic and parking has been no more than
would have been the case with any other property receiving regular or occasional visitors. The chatter of children at
play in the back yard has been happy and much as it would be with members of a family and their young guests.
The equipment, structures and playthings in the back yard have increased over the years of daycare operation but for
the most part have been within what one might expect with a young family although we expect a daycare to be tidier
than a resident's back yard.
When I compare your letter with the one Maria sent to neighbors, I see in yours that she is requesting approval to care
for 8 children and yet there is no mention of an increase from 5 to 8 in the letter she sent to neighbors. Although
neighbors may have found that the operating level of 5 was acceptable, a 60% increase to 8 could well change the
footprint from benign to noticeable. Certainly that is my concern regarding the volume and size of the equipment,
structures and playthings in the back yard.
As far as I can see from your letter, your licensing procedure seems not to consider the appearance or safety of the yard
and the outdoor equipment, structures and other things that are used by the daycare operation. The EFHA Board and
Architectural Review and residents do monitor the appearance of a property, particularly the front yard, and of course
the placement, consistency, and harmony of proposed structures in relation to existing structures and the neighboring
area.
However, EFHA does not evaluate the safety or structural soundness of structures, those considerations being outside
the purview of the Association and its various organizational entities. I presume the County evaluates the safety and
structural soundness of the outdoor elements of the daycare facility and that that evaluation takes into account the
volume and orderliness of playthings and equipment and the existence of a plan for the orderly stowing of any and all
items when not in use.
If a lot becomes disorderly to the point of being a "nuisance," or if the property owner encroaches on another property
or the setbacks, the EFHA Board and Architectural Review may be asked to intervene to obtain remedial action on behalf
of itself or an EFHA member. In the past, the Browns have been responsive when encroachments have been pointed
out. However, since the Browns have not submitted proposals for backyard structures, and may not in the future, we
can only assume that all structures, equipment, and activity are within the Browns property boundaries and meet
County requirements. It is important that any structure and activity related to the daycare clearly be on the Brown's
property so that no neighbor has any possible liability.
Since we have no way of knowing what scale -up of structures, equipment, and playthings are contemplated for the 60%
increase in the daycare population, we cannot say whether the outdoor footprint will increase noticeably beyond the
current level. Since the Browns have not mentioned the 60% increase to neighbors, the neighbors will be considering
the County 11/21/2014 Notice "RE: CLE#2014-222..." in the context of the 5 -child operation. It would be helpful if the
County inquired regarding what if any increases in structures, equipment and playthings are anticipated over the next
few years for the daycare and how the daycare will maintain an orderly appearance each day.
I am sure that all these questions and points have been anticipated by Maria as she considered increasing from 5 to 8
children. I have not once regretted being her initial advocate in the first Board deliberation of her request for an
exception to our covenants to operate a 5 -child daycare. I hope that The Children's Garden, whether it has 5 children or
the proposed 8, will continue to commit to maintaining the "approximately zero incremental footprint in all resp�t��
including no signage" that was the basis for the original EFHA approval of a business exception. I understand that the
EFHA Board will consider the proposed increase from 5 to 8 children in the near future, apart from the County
proceeding, and that The Children's garden requires the approval of both the EFHA Board and the County to expand
from 5 to 8 children.
Charles Bakewell
1070 Earlysville Forest Dr (3113-102)
Cc: Maria Brown, The Children's Garden
Geoff Alms, EFHA Board President
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