Loading...
HomeMy WebLinkAboutCLE201500231 Correspondence 2015-12-3112122/2015 Fwd: (PHCA Members] Peacock Hill - Zoning Request for a Famil... - Miles Davis Fwd: [PHCA Members] Peacock Hill - Zoning Request for a Family Day Home Kristie Davis Fri 12/18/2015 2:28 PM To:Miles Davis <miiesjd24@hotmail.com>; Kristie Davis Charlottesville Beautiful MINDS Preschool, LLC cvillgbeautiful,Minds.com 434, 244.4446 ---------- Forwarded message ---------- From: DonakIlsom Bridget M. (WWT) <Bridget.Donaldson@vdot.virainla.aov> Date: Fri, Dec 18, 2015 at 1:55 PM Subject: RE: [PPCA Members; Peacock Hill - Zoning Request for a Family Day Home To: Kristie Davis <krisldavis7200gmail.com> Hi Kristie I fully support your school. It was obvious from your neighbor's email that he may have been infected by a bit of the scrooge virus, but 1 hope it doesn't discourage you — and good luck with your licensure process. Bridget From: Members [rrailto:members-bounces(a�oeacockhlll.orcI On Behalf Of Kristie Davis Sent: Thursday, December 17, 2015 8:29 PM To: Peter Drenan; Kristie Davis; Miles Davis; Ewrae6Q0aol.com Cc: members kh]Il.or Subject: Re: [PHCA Members] Peacock Hill - Zoning Request for a Family Day Home To Our Wonderful Neighbors, As you are aware, during our attempt to obtain state licensure for our existing voluntarily registered family day home, we've received a few neighbors that are opposed. Mtps:lloudock.live.canlowaWewmodel=ReadMessageltem& MmID=AQMKADAwAiYOMDABLTHZGYtYTZINCOwMAMM DAKAEYAAAOmutfTWmgvSLGn... 115 1212212415 Fwd: [PHCA Members] Peacock Hill - Zordng Request for a Famil... - Miles Davis I would first and foremost like to stress than we have no intention of enrolling the maximum allowed 12 students next fall, nor do we plan to provide full days. At this point and time we would like to maintain our current five children per day and possibly add up to three more per day, 9 am to 1 pm, M-TH. We are not a full-time family day home. We feel the letter distributed by the Albemarle County Zoning Office did not reflect our intentions, rather reflected the maximum figures allowable under Albemarle County code and Virginia State law. We are attempting to achieve two primary objectives; obtain state licensure as the next step toward transitioning to a commercial space and keep siblings of currently enrolled students together. We purchased our Peacock Hill home understanding that a family day home previously operated in this neighborhood and was accepted in this community. Not only was it approved, but it also served many of the families in Peacock Hill as an established element of the character of this neighborhood. I have my Master's Degree in Education and taught for Albemarle County Public Schools, The Peabody School and Millstone of Ivy prior to having my own children. I have multiple character letters of recommendation highlighting my integrity and dedication to my families and our community. Regardless of my experience and master's degree in teaching, we decided to go through the procedures of State Voluntary Registration during our first year of opening our school, so parents felt comfortable knowing my husband and 1, along with substitute teachers, have gone through the rigor of Virginia State regulations and requirements to include but not limited to; unannounced inspections, TB testing, background checks, etc. This was not required for the number of students we accepted during our first year. As the name suggests, our current state registration is voluntary. We fully intend to apply that same responsible approach with regard to maintaining the character of this great neighborhood, for which we hope to make our long-term home. We currently allow five children per day from 9:00 AM until noon (with the option for extended day until 1 pm on occasion). Again, I have no inhydions ofbaktg o AveW famireas in each dale To be frank, exceeding seven or eight children per day is not likely. Without full licensure, I be forced to ask parents to split up their children. It would be extremely hard for me to ask any of our wonderful families to leave our school and/or to split up families because I cannot accept younger siblings. We're asking for your consideration to allow for three additional children per day. This will allow us to obtain the capital required to secure a commercial space to continue responsible growth. My husband and I feel e-mail can quickly become negative and at times easily misinterpreted. Several of the concerns raised are valid and warrant additional dialog. We ask that if you have further concerns or questions about our school that we meet face to face so we can fully understand the nature of your concerns and perhaps identify a common ground. We are a veryhartordble farruljr with young children of our own We are not b7ln9 to take awayartypeaceMaspect of our mghborhoiad but rather alga loving, caring environment where ourneighbor toddlers can leam and flourish tTUps:ll mock.live.comlava*Aewmodel=ReadMessagerwn&lternlD=AQMkADAwATYOMDABi_TbiZGYtYTZINC4wMAHMDAKAEYAAAOmutfTWrngvSLGn... 215 12/27lP015 Fwd: [PHCA Members] Peacock Hill - Zoning Rogpwstfar a Famil... - Miles Davis With Utmost Respect, Kristie Davis Charlottesville Beautiful MINDS Preschool, LLC cvi Ilebeautifulminds_com 434,244.0446 On Dec 16, 2015 6:58 PM, "Peter Drenan" <pg er drenanOyahoo.com> wrote: To all, There is a zoning request at the County that is asking whether the neighbors would object to a Family Day Home (essentially a day care center) to be located on Acorn Lane, at the very back of the Peacock Hill community. This Family Day Home has come into existence just this year, but with a limit of only 5 children. The zoning request is to allow the facility to grow to as many as 12 children, with a commensurate increase in staffing. The rules for Family Day Homes were modified in Albernarle just recently (2013), allowing the use of a single-family house for a Family Day Home for five or fewer children by right (i.e. no approval required). The zoning ordinance allows the facility to be used for up to ;2 chiiciren without further approvals, if there are no objections by the neighbors. If objections are raised, the zoning request is referred to the Board of Supervisors for a decision. Over the course of the last two weeks, I have called the PCHA manager's office and left ars e-inaii rn the PCHA website asking if there is any community discussion about this zoning request to a;io x a Family Day Home. I have received ro response thus far to any of my queries, so I am addressirig the community at large via this a -mail. My questions to tie PCNA Board and community are: 5110 :id acre be engaged in a discussion about 'his as a community? Should the PCNA Board be leadiir+g the community in this discussion? The use of a house as a commerciai activity with significant traffic seems to violate Section 7.02 of the PCNA covenants, and likely also Sect;or.7.04. What should we do about this, in preparation for, and participating in the Board of Supervisor's meetings? We have submitted an objection to the County. The County informed us that other objections were also received, meaning that the County Zoning Department has no option other than refer the matter to the Board of Supervisors. The text of our objection is below (with a few minor edits of typographic and grammatical errors),.- Ms. rrors),:Ms. Ragsdale, This letter is written in response to the County's letter dated November 16, 2015, pertaining to a zoning request (CLE#20-15-231) for the Charlottesville Beautiful Minds (Family Day Home) located in the Peacock Hill subdivision, a PUD community. The current zoning ordinance allows for a Family Day Home for less than five children in a single-family residence without a zoning permit request, but requires additional consideration if the Family Day Home intends to provide care for more than five children. This Zoning Ordinance was not in place when Peacock Hill was created and zoned as a PUD, as the Zoning Ordinance was only implemented in 2013. The current use of the property as a Family Day Horne with 5 or fewer children (exclusive of the provider's own children) has been operational this year. We are not opposed to the continued use of the property under the zoning ordinance allowing five or fewer children into be cared for in this facility. We are landowners whose property abuts the property identified in the zoning request. Upon notification by the County of the zoning request, we have engaged in discussions with lawyers, realtors, real estate managers, and other neighbor in Peacock Hill about the proposed increased use of this property. We are formally objecting to this zoning request based on the following concerns: Daily Round -Trp Traffic The zoning request as we understand it, would be to allow the Family Day Home to expand, allowing for the idtps:lkxgook.live.comlowaWowmodei=ReadMessageltern&hem ID=AQMkADAwATYOMDABI_ThiZGYtYTZINCOwMAMADAKAEYAAAOmulfrWmgvSLGn... 315 112UZr2A 75 Fwd: [PHCA Members) Peacock Hill - Zoring Requestfor a Famil... -Miles Danis care for more than five but not more than twelve children under the age of thirteen 03). As we understand it, the staffing of the facility would need to increase to provide appropriate coverage for the operation of the facility and appropriate care of the increased number of children. Further, as we understand the regulations for Family Day Homes, the number of children refers to the maximum Number of children at the facility at any given time, rather than referring to the total enrollment of children. This means that if the facility is fully enrolled on any given day and a child is retrieved by the parents at lunchtime, another child can be scheduled to fill the available opening for that afternoon. Together, the increased staffing and daily child census at the facility would likely cause additional traffic generated by the family day home to exceed twenty-four (24) vehicle round trips per day (excluding trips associated with the dwelling unit). This is in excess of what the County zoning ordinance allows. Further, this level of daily traffic transforms the nature of this cul-de-sac from a bucolic, wooded rural neighborhood to a traffic -density similar to a commercial neighborhood. Further, since the proposed facility is at the very back of the Peacock Hill subdivision, all of the additional vehicular traffic will be traveling the full length of Turkey Ridge Road affecting virtually all of the residences in the neighborhood with the increased traffic and safety concerns. Property Values We have had discussions with our realtor, other area realtors, and our property manager about the impacts of having a Family Day Home directly adjacent to our property. Every person associated with real estate valuations, real estate assessments, and the impacts on selling or leasing a property next to this type of facility stated that we could expect to see a decrease in our property values_ The sale of our property would be inhibited by the noise, traffic, and the nuisance of having an active 'child care facility' next-door to our house, and that it would be detrimental to all adjoining properties and it would change the character of the residential community. This would have the impact of reducing the marketability of our home, while also reducing the potential sale price of our house. Since our house is our largest financial investment as we near retirement in the near-term future, having any reduction of its potential value is a very concerning consideration for us. Acorn Lane Roadway Performance Standard Acorn Lane is not rated as a primary road within Albemarle County - it is not maintained, repa;red managed by Albemarle County. The road was built to provide adequate roadbed integrity for a limited number of daily vehicles; includir:g the roadbed, subsurface soils, drainage and surface materials. Any additional vehicle traffic on this road should not exceed the design rating of the road as was origina!ly installed. Further, if the zoning request is approved, any subsequent repairs, maintenance and servicing of the roadway should be pro -rated as to its usage. Any agreement should be required (and negotiated) by the County Zoning Ordinance to address the physical consideration of the roadway and its subsequent repairs in a manner commensurate with its use. On -Street Parking The children that will be cared for in this potential facility will need to be dropped -off and picked -up daily, requiring as many as a dozen vehicles at any one time that will be parking on the shoulders of the roadway. It is not clear by the County's zoning, permitting ordinances, and codes whether parking is allowed on the roadway of Acorn Lane, or along its shoulders. I ask the County to provide clarification of this point In addition to the direct concerns of the permitted level of parking allowed, that quantity of parking raises some additional concerns. The staff parking plus the parent's parking for pick-ups and drop-offs might require as many as 12-14 cars to be parked on or along the small road of Acorn Lane on a daily basis. The entire length of Acorn Lane is only about 275 feet long and as narrow as 15 -feet, it is difficult to understand how this small road will be safely used when each standard parking space requires an area that is approximately 9 -feet by 20 -feet. The zoning clearance application for this request should require clear answers to issues regarding parking, including perhaps having County staff conduct an inspection to confirm adequacy of parking. Further, beyond the physical limitations of parking spaces, the twice -per -day high -demand parking will likely lead to parking on the roadway shoulders and/or private property. During wet conditions, the impacts of this vehicular traffic on unsupported landscaped areas would be to produce ruts and damaged areas adjacent to the roadway. Fdtps:/Amgook.live.corn/awaNMewmodel=ReadMassegeltem&Ilem1D=AQMkADAwATY(PADABLTNZGYffMNCOwMAItMDAKAEYAAAOmuttTWmgvSLGn... 415 =222015 Fwd: [PHCA Members] Peacock Hill - Zoning Requestfor a Famil... -Miles Davis Further still, during coo[/cold condition the motors of vehicles might be left running while the children are being retrieved from the facility. This can result in significant concentrations of noxious and dangerous fumes that might contaminate the air quality and the existing vegetation in the vicinity of Acorn Lane. Ingress/Egress When considering the physical limitations of accessing the proposed facility on Acorn Lane and considering the further restriction of overcrowded drop-off and pick-up activities, the public health, safety and welfare are likely to be impacted by a significantly curtailed ingress and egress to the facility. The Zoning Administrator should request review/approval of an entrance/access by the County Engineer or VDOT, if they deem it necessary, to ensure that the minimum standards necessary to protect the public health, safety and welfare by providing safe ingress and egress will be met ... for both the family day home as well as for the residents of Acorn Lane. Compliance requirements for any identified entrance and access improvements should be a condition of approval of a zoning clearance, in this circumstance. Based on all of the above considerations, we (Peter Drenan and Sarah Drenan), as abutting neighbors to the identified property, object to the zoning request for the use of the facility as a Family Day Home for more than five children. Thank you for your consideration. Respectfully, Peter Drenan Sarah Drenan Members mailing list Members@just77 justhog.Com http:a( r� st77justhost.com/maiiman/iistinfo/mgmkgs Qeacockhill.org WJkudoak.live comhrwa!#`Aewmadel=ReadMessagebm&kemiD=AQMkADAwATYOMDABLThiZGYtYTZINCOwMANMDAKAEYAAAOmtOTWmgvSLGn... 515 12J2217A15 Fwd Re: fPHCA Members] Peacock Hill - Zorirg Request for a F... - Miles Davis Fwd: Re: [PHCA Members] Peacock Hill - Zoning Request for a Family ®ay Home Kristie Davis Sat 12/19/2015 1:17 PM Inbox To:Miles Davis <milesjd24@hotmail.com>; ---------- Forwarded message ---------- From: "Louise Smith" <swanwalk2cimalom> Date: Dec 19, 2015 12:46 PM Subject: Re: [PHCA Members] Peacock Nils - Zoning Request for a Family Day Home To: "Kristie Davis" <krisidavis720@amail.com> Cc: Use it in any way that might help. Best of luck. On Sat, Dec 19, 2015 at 8:29 AM, Kristie Davis <krisldavis720QgmaiI.com> wrote: Louise, Thank you so much for your k nd words, support and for sharing your experience with a similar situation. It truly means the world to our family. ,,Vcrds cannot express our gratitude. Do we have your permission to share your message with the board of supervisors in the support of the zoning decision hearing? Happiest Holiday Wishes and Blessing in the New Year! Warmest Regards, Kristie and Miles Davis Kristie davis Charlottesville Beautiful MINDS Preschool, LLC cyillebeautifulminds_com 434.2 .044b On Fri, Dec 18, 2015 at 6:08 AM, Louise Smith <swanwalkPgmail.com> wrote: Although I don't have children I believe that good day care is essential to our society. Good luck with your zoning application. I'm sure you are providing a most -needed service, and I wish you all the best. As for real estate values, I remember owning a home in upstate New York next to which it was proposed to establish a residence for mentally retarded people --a much more drastic use than what you proposed. Everyone was afraid that it would detract from property values. However, it was approved. The home residents and carers proved to be wonderful neighbors, and when I went to sell my house several years later I was able to do so for full price within a week of listing it. Hang in there. Louise Smith On Thu, Dec 17, 2015 at 8:29 PM, Kristie Davis <krisldavis7200gmai1.com> wrote: To Our Wonderful Neighbors, hW-f xMock.livecanlawaAPAewmodel=ReadMessageltem&ItersID=AQMkADAwATYOMDABLTNZGYtYTZINCOwMAIIMDAFWEYAAAOmutrrWmgvSLGn... 1/5 'l212212O15 Fwd: Re: [PHCA Members] Peacock Hill - Zoning Request for a F... - Miles Davis As you are aware, during our attempt to obtain state licensure for our existing voluntarily registered family day home, we've received a few neighbors that are opposed. I would first and foremost Ulm to stress that we have no Intention of enrolling the maximum allowed 12 students next fall, nor do we plan to provide full days. At this point and time we would like to maintain our current fire children per day and possibly add up to three more per day, 9 am to 1 pm, M-TH. We are not a full-time family day home. We feel the letter distributed by the Albemarle County Zoning Office did not reflect our intentions, rather reflected the maximum figures allowable under Albemarle County code and Virginia State law. We are attempting to achieve two primary objectives; obtain state licensure as the next step toward transitioning to a aommerdal space and keep siblings of currently enrolled students together. We purchased our Peacock Hill home understanding that a family day home previously operated in this neighborhood and was accepted in this community. Not only was it approved, but it also served many of the families in Peacock Hill as an established element of the character of this neighborhood. I have my Master's Degree in Education and taught for Albemarle County Public Schools, The Peabody School and Millstone of Ivy prior to having my own children. I have multiple character letters of recommendation highlighting my integrity and dedication to my families and our community. Regardless of my experience and master's degree in teaching, we decided to go through the procedures of State Voluntary Registration during our first year of opening our school, so parents felt comfortable knowing my husband and I, along with substitute teachers, have gone through the rigor of Virginia State regulations and requirements to include but not limited to; unannounced inspections, TB testing, background checks, etc. This was not required for the number of students we accepted during our first year. As the name suggests, our current state registration is voluntary. We fully intend to apply that same responsible approach with regard to maintaining the character of this great neighborhood, for which we hope to make our long-term home. We currently allow five children per day from 9:00 AM until noon (with the option for extended day until 1 pm on occasion). Again, I have no iftwWons ofbdnnuna tw9W fw2 res In each day. To be frank, exceeding seven or eight children per day is not likely. Without full licensure, I be forced to ask parents to split up their children. It would be extremely hard for me to ask any of our wonderful families to leave our school and/or to split up families because I cannot accept younger siblings. We're asking for your consideration to allow for three additional children per day. This will allow us to obtain the capital required to secure a commercial space to continue responsible growth. My husband and I feel e-mail can quickly become negative and at times easily misinterpreted. Several of the concerns raised are valid and warrant additional dialog. We ask that if you have further concerns or questions about our school that we meet face to face so we can fully understand the nature of your concerns and perhaps identify a common ground. We aro a waryhaonorable family mM young dv7 mn of our own. We are not trying to h*e away anypeaceful aspect of our neighborhood but rattler oflbre lowng caring environment wtwm ourmvhbor tladdlers can learn and flourish hftps:lloWook.live.com/owa*Aewmocld=ReadMessage =&ItemiD=AQMkADAwATYOMDABLTl iZGYtYTZINCOwMAItMDAKOkEYAAAOFnuttTWmgvSLGn... 215 12172/2015 Fwd: Re: [PHCA Members] Peacock Hill - Zoning Request for a F... - Miles Davis With Utmost Respect, Kristie Davis Charlottesville Beautiful MINDS Preschool, LLC cvi Ilebecutifulminds.com 434.244.0446 On Dec 16, 2015 6:58 PK "Peter Drenan" <12eter drenanCr ahoo.com> wrote: To all, There is a zoning request at the Counts that is asking whether the neighbors would object to a Family Day Home (essentially a day care center) to be located on Acorn Lane, at the very back of the Peacock Hill community. This Family Day Home has come into existence just this year, but with a limit of only 5 children. The zoning request is to allow the facility to grow to as many as 12 children, with a commensurate increase in staffing. The rules for Family Day Homes were modified in Albemarle just recently (2013), allowing the use of a single-family house for a Family Day Home for five or fewer children by right (i.e. no approval required). The zoning ordinance allows the facility to be used for up to 12 children without further approvals, if there are no objections by the neighbors. If objections are raised, the zoning request is referred to the Board of Supervisors for a decision. Over the course of the last two weeks, I have called the PCHA manager's office and left an a -mail on the PCNA website asking if there is any community discussion about this zoning request to allow a Family Day Home. I have received no response thus far to any of my queries, so I am addressing the community at large via this e-mail. My questions to the PCHA Board and community are: Should we be engaged in a discussion about this as a community? Should the PCHA Board be leading the community in this discussion? The use of a house as a commercial activity with significant traffic seems to violate Section 7.02 of the PCHA covenants, and likely also Section 7.04. What should we do about this, in preparation for, and participating in the Board of Supervisor's meetings? We have submitted an objection to the County. The County informed us that other objections were also received, meaning that the County Zoning Department has no option other than refer the matter to the Board of Supervisors. The text of our objection is below (with a few minor edits of typographic and grammatical errors): Ms. Ragsdale, This letter is written in response to the County's letter dated november 15, 2015, pertaining to a zoning request (CLE#2015-231) for the Charlottesville Beautiful Minds (Family Day Hone) located in the Peacock Hill subdivision, a PUD community_ The current zoning ordinance allows for a Family Day Home for less than free children in a single-family residence without a zoning permit request, but requires additional consideration if the Family Day Home intends to provide care for more than five children. This Zoning Ordinance was not in place when Peacock Hill was created and zoned as a PUD, as the Zoning Ordinance was only implemented in 2013. The current use of the property as a Family Day Home with 5 or fewer children (exclusive of the provider's own children) has been operational this year. We are not opposed to the continued use of the property under the zoning ordinance allowing five or fewer children into be cared for in this facility. We are landowners whose property abuts the property identified in the zoning request. Upon notification by the County of the zoning request, we have engaged in discussions with lawyers, realtors, real estate managers, and other neighbors in Peacock Hill about the proposed increased use of this property. We are formally objecting to this zoning request based on the following concerns: Daily Round -Trip Traffic The zoning request as we understand it, would be to allow the Family Day Home to expand, allowing for the care for more than five but not more than twelve children under the age of thirteen (13). As we understand it, the staffing of the facility would need to increase to provide appropriate coverage for the operation of h4sJlou@ook.live.comlowaNAdewmodel=ReadMessageltem&ltam lD=AQMkADAwATYOMDABLTNZGYtYTZINCOwMANM DAKAEYAAAOtnt#TWmgvSLGn... 35 122212015 Fwd: Re: JPHCA Members] Peacock Hill - Zanng Request for a F... - Miles Davis the facility and appropriate care of the increased number of children. Further, as we understand the regulations for Family Day Homes, the number of children refers to the maximum number of children at the facility at any given time, rather than referring to the total enrollment of children. This means that if the facility is fully enrolled on any given day and a child is retrieved by the parents at lunchtime, another child can be scheduled to fill the available opening for that afternoon. Together, the increased staffing and daily child census at the facility would likely cause additional traffic generated by the family day home to exceed twenty-four (24) vehicle round trips per day (excluding trips associated with the dwelling unit). This is in excess of what the County zoning ordinance allows. Further, this level of daily traffic transforms the nature of this cul-de-sac from a bucolic, wooded rural neighborhood to a traffic -density similar to a commercial neighborhood. Further, since the proposed facility is at the very bark of the Peacock Hill subdivision, all of the additional vehicular traffic will be traveling the full length of Turkey Ridge Road affecting virtually all of the residences in the neighborhood with the increased traffic and safety concerns. Property Values We have had discussions with our realtor, other area realtors, and our property manager about the impacts of having a Family Day Home directly adjacent to our property. Every person associated with real estate valuations, real estate assessments, and the impacts oo selling or leasing a property next to this type of facility stated that we could expect to see a dzcrease in our property values. The saie of our property vmuid be inhibited by the noise, traffic, and the nuisance of ravine an active: 'child care facility' next-door to our house, and that it would be detrimental to all adjoining properties and it would change the c iaracter of the residential commun=ity. This would have the impact of reducing the marketability of our home. vvN'le also reducing t,re potential sale price of our house. Since our house is our largest financial investment as we near retirement in the sear -term fiture, having any reduction of its potential vane is a very concerning consideration for us. Acorn Lane Roadway Performance Standard Acorn Lane is not rated as a primary road within Albemarle County - it is not maintained, repaired managed by Albemarle County. The road was built to provide adequate roadbed integrity for a limited number of daily vehicles, including the roadbed, subsurface soils, drainage and surface materials. Any additional vehicle traffic on this road should not exceed the design rating of the road as was originally installed. Further, if the zoning request is approved, any subsequent repairs, maintenance and servicing of the roadway should be pro- rated as to its usage. Any agreement should be required (and negotiated) by the County Zoning Ordinance to address the physical consideration of the roadway and its subsequent repairs in a manner commensurate with its use. On -Street Parking The children that will be cared for in this potential facility will need to be dropped -off and picked -up daily, requiring as many as a dozen vehicles at any one time that will be parking on the shoulders of the roadway. It is not clear by the County's zoning, permitting ordinances, and codes whether parking is allowed on the roadway of Acorn Lane, or along its shoulders. I ask the County to provide clarification of this point. In addition to the direct concerns of the permitted level of parking allowed, that quantity of parking raises some additional concerns. The staff parking plus the parent's parking for pick-ups and drop-offs might require as many as 12-14 cars to be parked on or along the small road of Acorn Lane on a daily basis. The entire length of Acorn Lane is only about 275 feet long and as narrow as 16 -feet, it is difficult to understand how this small road will be safely used when each standard parking space requires an area that is approximately 9 -feet by 20 -feet. The zoning clearance application for this request should require clear ans-vers to issues regarding parking, including perhaps having County staff conduct an inspection to confirm adequacy of parking. MtpsJlmMook.live.camlowaho`++iewmodei=ReadMessagehem&ItemlD=AQMkADAwATYUMDABLTNZGYtYTZINCOwMAItMDAKAEYAAAOmW WmgvSLGn... 415 12r22W15 Fwd: Re: [PHGA Members] Peacock Hill - Zoning Request for a F... - Miles Davis Further, beyond the physical limitations of parking spaces, the twice -per -day high -demand parking will likely lead to parking on the roadway shoulders and/or private property. During wet conditions, the impacts of this vehicular traffic on unsupported landscaped areas would be to produce ruts and damaged areas adjacent to the roadway. Further still, during cool/cold condition the motors of vehicles might be left running while the children are being retrieved from the facility. This can result in significant concentrations of noxious and dangerous fumes that might contaminate the air quality and the existing vegetation in the vicinity of Acorn Lane. Ingress/Egress When considering the physical limitations of accessing the proposed facility on Acorn Lane and considering the further restriction of overcrowded drop-off and pick-up activities, the public health, safety and welfare are likely to be impacted by a significantly curtailed ingress and egress to the facility. The Zoning Administrator should request review/approval of an entrance/access by the County Engineer or VDOT, if they deem it necessary, to ensure that the minimum standards necessary to protect the public health, safety and welfare by providing safe ingress and egress will be met ... for both the family day home as well as for the residents of Acorn Lane. Compliance requirements for any identified entrance and access improvements should be a condition of approval of a zoning clearance, in this circumstance. Based on all of the above considerations. we (Peter Drenan and Sarah Drenan, as ab:itting neighbors to the identified property, object to the zoning request for the use of the facility as a Family Day Home for more than five children. Thank you for your consideration. Respectfully, Peter Drenan Sarah Drenan Members mailing list Members@iust77.iusthast.com http:/Aust77.iusthost.com/mailman/listinfo/member5 peacackhilL-Q Members mailing list Members(@Iust77.0usthost.com http:Z4ust77.justhost.com/mailman/listinfo/members peacockhill.org hftpsJ/oulo* live.=nlowaA*AewmoM=RexNessagdtemgliemID=AQMkADAwATYOMDABLTHZGIRYTZINCOwMAItMDAKAEYAAAOmuttTWmgvSLGrt._ &5 12/27M15 Re: IPHCA Members] Peacock Hill - Zodng Request for a Family... - Miles Davis Re: [PHCA Members] Peacock Hill - Zoning Request for a Family Day Home Wayne Fusco Fri 12/18/2015 A d To:Kristie Davis <krisldavis720@gmaii.com>; Peter Drenan <peter drenan@yahoo.com>; Miles Davis <milesjd24@hotmail.com>; Ewrae60@aol.com <Ewrae60@aol.com>; �--c:members@peacockhill.org <members@peacockhill.org>; I would like to go on mord letting all of our neighbors know that I fully support Kristie and Miles adding a few children to their day care. They are upstanding, kind, and thoughtful neighbors who keep a well-maintained, fenced property and are respectful to their neighbors. With all due respect to Mr. Drenan; While he may own the property next door, it is my understanding that he uses the property for rental purposes only and has not lived in the house for several years. I would contend that a rental home in our neighborhood is worse for our property values than a well kept, fenced house which happens to run a daycare. Additionally; hosting a day care between the hours of 9am-1 pm (no matter how loud playing children might be) could not be as disruptive as neighbors who allow their dogs to bark at all hours into the night. We live in the house next door to where the Metz's used to run a daycare some years ago. At that time, the daycare was welcomed by neighbors. I believe we should welcome this daycare as well. Sincerely, Wayne Fusco On Friday, December 18, 2015 3:17 AM, Kristie Davis <krisldavis720@gmail.com> wrote: To Our Wonderful Neighbors, As you are aware, during our attempt to obtain state licensure for our existing voluntarily registered family day home, we've received a few neighbors that are opposed. I would first and foremost like to stress that we have no intention of enrolling the maximum allowed 12 students next fall, nor do we plan to provide full days. At this point and time we would like to maintain our current five children per day and possibly add up to three more per day, 9 am to 1 pm, M-TH. We are not a full-time family day home. We feel the letter distributed by the Albemarle County Zoning Office did not reflect our intentions, rather reflected the maximum figures allowable under Albemarle County code and Virginia State law. We are attempting to achieve two primary objectives; obtain state licensure as the next step toward transitioning to a commercial space and keep siblings of currently enrolled students together. We purchased our Peacock Hill home understanding that a family day home previously operated in this neighborhood and was accepted in this community. Not only was it approved, but it also tCps:fWookJivecom/owaFAnowmodel=ReadMessageltem8dtemID=AQMkADAwATYOMDABLTliZGYtYTZINCOwMAHMDAKAEYAAAgmt# WmgvSLGrL.. No 1212=15 RC [PHCA Members] Peacock Hill -Zoning Request for a Family... - Miles Davis served many of the families in Peacock Hill as an established element of the character of this neighborhood. I have my Master's Degree in Education and taught for Albemarle County Public Schools, The Peabody School and Millstone of Ivy prior to having my own children. I have multiple character letters of recommendation highlighting my integrity and dedication to my families and our community. Regardless of my experience and master's degree in teaching, we decided to go through the procedures of State Voluntary Registration during our first year of opening our school, so parents felt comfortable knowing my husband and I, along with substitute teachers, have gone through the rigor of Virginia State regulations and requirements to include but not limited to; unannounced inspections, TB testing, background checks, etc. This was not required for the number of students we accepted during our first year. As the name suggests, our current state registration is voluntary. We fully intend to apply that same responsible approach with regard to maintaining the character of this great neighborhood, for which we hope to make our long-term home. We currently allow five children per day from 9:00 AM until noon (with the option for extended day until 1 pm on occasion). Again, I have no intentions of bringing twelve, families in each da k To be frank, exceeding seven or eight children per day is not likely. Without full licensure, I be forced to ask parents to split up their children. It would be extremely hard for me to ask any of our wonderful families to leave our school and/or to split up families because I cannot accept younger siblings. We're asking for your consideration to allow for three additional children per day. This will allow us to obtain the capital required to secure a commercial space to continue responsible growth. My husband and I feel e-mail can quickly become negative and at times easily misinterpreted. Several of the concerns raised are valid and warrant additional dialog. We ask that if you have further concerns or questions about our school that we meet face to face so we can fully understand the nature of your concerns and perhaps identify a common ground. We are a very honorable family with young children of our own. We are not trying to take away any peaceful aspect of our neighborhood but rather offer a loving, caring environment where our neighbor toddlers can learn and flourish. With Utmost Respect, Kristie Davis Charlottesville Beautiful MINDS Preschool, LLC cvillebeautifulminds.com 434.244.0446 On Dec 16, 2015 6:58 PM, "Peter Drenan" <peter_drenan ,a@yahoo.com> wrote: To all, There is a zoning request at the County that is asking whether the neighbors would object to a Family Day Home (essentially a day care center) to be located on Acorn Lane, at the very back of the Peacock Hill community. This Family Day Home has come into existence just this year, but with a limit of only 5 children. The Zoning request is to allow the facility to grow to as many as 12 children, with a commensurate increase in staffing. The rules for Family Day Homes were modified in Albemarle just recently (2013), allowing the use of a single-family house for a MM:Iloutlook.live comlcwagMewmocW=Rea&essageltem BEtemlD=AQMkADAwATYOM DABLTtiZGYtYTZINCowMAHAA DAKAEYAAAorndrrWmgvSLGn... 216 1212M15 Re: [PHCA Membe s] Peacock Hill -Zoning RegAdfar a f=amily... -Miles Davis Family Day Home for five or fewer children by right (i.e. no approval required). The zoning ordinance allows the facility to be used for up to 12 children without further approvals, if there are no objections by the neighbors. If objections are raised, the zoning request is referred to the Board of Supervisors for a decision. Over the course of the last two weeks, I have called the PCHA manager's office and left an e- mail on the PCHA website asking if there is any community discussion about this zoning request to allow a Family Day Home. I have received no response thus far to any of my queries, so I am addressing the community at large via this e-mail. My questions to the PCHA Board and community are: Should we be engaged in a discussion about this as a community? Should the PCHA Board be leading the community in this discussion? The use of a Douse as a commercial activity with significant traffic seems to violate Section 7.02 of the PCHA covenants, and likely also Section 7.04. What should we do about this, in preparation for, and participating in the Board of Supervisor's meetings? We have submitted an objection to the County. The County informed us that other objections were also received, meaning that the County Zoning Department has no option other than refer the matter to the Board of Supervisors. The text of our objection is below (with a few minor edits of typographic and grammatical errors): Ms. Ragsdale, This letter is written in response to the County's letter dated November 16, 2015, pertaining to a zoning request (CLE#2015-231) for the Charlottesville Beautiful Minds (Family Day Home) located in the Peacock Hill subdivision, a PUD community. The current zoning ordinance allows for a Family Day Home for less than five children in a single-family residence without a zoning permit request, but requires additional consideration if the Family Day Home intends to provide care for more than five children. This Zoning Ordinance was not in place when Peacock Hill was created and zoned as a PUD, as the Zoning Ordinance was only implemented in 2013. The current use of the property as a Family Day Home with 5 or fewer children (exclusive of the provider's own children) has been operational this year. We are not opposed to the continued use of the property under the zoning ordinance allowing five or fewer children into be cared for in this facility. We are landowners whose property abuts the property identified in the zoning request. Upon notification by the County of the zoning request, we have engaged in discussions with lawyers, realtors, real estate managers, and other neighbors in Peacock Hill about the proposed increased use of this property. We are formally objecting to this zoning request based on the following concerns: Daily Round -Trip Traffic httpsJloutlooklive.comlowa4Mewmodel=ReadhAessageftern$itsmID=AQMkADAwATYOMDABLThiZGYtYTZINCOwMAI1MDAKAEYAAAOmu frWmgvSLGn... 316 12127M5 Re: [PHCA Members] Peacock Hill -Zoning Request for a Family... - Miles Davis The zoning request as we understand it, would be to allow the Family Day Home to expand, allowing for the care for more than five but not more than twelve children under the age of thirteen (13). As we understand it, the staffing of the facility would need to increase to provide appropriate coverage for the operation of the facility and appropriate care of the increased number of children. Further, as we understand the regulations for Family Day Homes, the number of children refers to the maximum number of children at the facility at any given time, rather than referring to the total enrollment of children. This means that if the facility is fully enrolled on any given day and a child is retrieved by the parents at lunchtime, another child can be scheduled to fill the available opening for that afternoon. Together, the increased staffing and daily child census at the facility would likely cause additional traffic generated by the family day home to exceed twenty-four (24) vehicle round trips per day (excluding trips associated with the dwelling unit). This is in excess of what the County zoning ordinance allows. Further, this level of daily traffic transforms the nature of this cul-de-sac from a bucolic, wooded rural neighborhood to a traffic -density similar to a commercial neighborhood. Further, since the proposed facility is at the very back of the Peacock Hill subdivision, all of the additional vehicular traffic will be traveling the full length of Turkey Ridge Road affecting virtually all of the residences in the neighborhood with the increased traffic and safety concerns. Property Values We have had discussions with our realtor, other area realtors, and our property manager about the impacts of having a Family Day Home directly adjacent to our property. Every person associated with real estate valuations, real estate assessments, and the impacts on selling or leasing a property next to this type of facility stated that we could expect to see a decrease in our property values. The sale of our property would be inhibited by the noise, traffic, and the nuisance of having an active 'child care facility' next-door to our house, and that it would be detrimental to all adjoining properties and it would change the character of the residential community. This would have the impact of reducing the marketability of our home, while also reducing the potential sale price of our house. Since our house is our largest financial investment as we near retirement in the near-term future, having any reduction of its potential value is a very concerning consideration for us. Acorn Lane Roadway Performance Standard ht":I ook.live.camlawaWowmodel=ReadMessapeltern&hwnlD=AQMkADAWATYOMDABLThiZGYtYTZINCOwMAUMDAKAEYAAAomWTWmgvSLGn... 418 1212=15 Re: [PHCA Members] Peacw* Hill - Zoning Request far a Family... - Miles Davis Acorn Lane is not rated as a primary road within Albemarle County - it is not maintained, repaired managed by Albemarle County. The road was built to provide adequate roadbed integrity for a limited number of daily vehicles, including the roadbed, subsurface soils, drainage and surface materials. Any additional vehicle traffic on this road should not exceed the design rating of the road as was originally installed. Further, if the zoning request is approved, any subsequent repairs, maintenance and servicing of the roadway should be pro -rated as to its usage. Any agreement should be required (and negotiated) by the County Zoning Ordinance to address the physical consideration of the roadway and its subsequent repairs in a manner commensurate with its use. On -Street Parking The children that will be cared for in this potential facility will need to be dropped -off and picked - up daily, requiring as many as a dozen vehicles at any one time that will be parking on the shoulders of the roadway. It is not clear by the County's zoning, permitting ordinances, and codes whether parking is allowed on the roadway of Acorn Lane, or along its shoulders. i ask the County to provide clarification of this point. In addition to the direct concerns of the permitted level of parking allowed, that quantity of parking raises some additional concerns. The staff parking plus the parent's parking for pick-ups and drop-offs might require as many as 12-14 cars to be parked on or along the small road of Acorn Lane on a daily basis. The entire length of Acorn Lane is only about 275 feet long and as narrow as 164set, it is difficult to understand how this small road will be safely used when each standard parking space requires an area that is approximately 9 -feet by 20 -feet. The zoning clearance application for this request should require dear answers to issues regarding parking, including perhaps having County staff conduct an inspection to confirm adequacy of parking. Further, beyond the physical limitations of parking spaces, the twice -per -day high -demand parking will likely lead to parking on the roadway shoulders and/or private property. During wet conditions, the impacts of this vehicular traffic on unsupported landscaped areas would be to produce ruts and damaged areas adjacent to the roadway. Further still, during cool/cold condition the motors of vehicles might be left running while the children are being retrieved from the facility. This can result in significant concentrations of noxious and dangerous fumes that might contaminate the air quality and the existing vegetation in the vicinity of Acorn Lane. Ingress/Egress When considering the physical limitations of accessing the proposed facility on Acorn Lane and N#*:Iloullook.live.camlowaWewmodel=ReadMessagelham&14emt�AQMkADAwATYOMDABLTtiZGY rZiNCOwMANMDAKAEYAAAOMLUTWmgvSLen... 66 12x2=15 Re: AICA Members] Peacock Hill - Zorrng ReWW fbr a Family... - Miles Davis considering the further restriction of overcrowded drop-off and pick-up activities, the public health, safety and welfare are likely to be impacted by a significantly curtailed ingress and egress to the facility. The Zoning Administrator should request reviewlapproval of an entrance/access by the County Engineer or VDQT, if they deem it necessary, to ensure that the minimum standards necessary to protect the public health, safety and welfare by providing safe ingress and egress will be met...for both the family day home as well as for the residents of Acorn Lane. Compliance requirements for any identified entrance and access improvements should be a condition of approval of a zoning clearance, in this circumstance. Based on all of the above considerations, we (Peter Drenan and Sarah Drenan), as abutting neighbors to the identified property, object to the zoning request for the use of the facility as a Family Day Home for more than five children. Thank you for your consideration. Respectfully, Peter Drenan Sarah Drenan Members mailing list Members@iust77.justhost.com http:/ljust77.justhost.com/mailman/iistinfo/members peacockhill.ora Members mailing list Men3ber ugt77 fljsthost.com http://aust77.justhost.com/mailman/listinfo/member§ pegcockhill.ora itllps:llo Aook.liw-=nlawaWewmoM=ReadMessegahmnBJtrtIDc;AQMkADAwATYOMDAKTItZGYWTZINCOwLMWDAKAEYAAAOmulffWmgv&Gn... 66 12/l=15 Fwd: Re: IPHCA Members] Peacmk Hill - Zoning Request for a F... - Miles Davis Fwd: Re: [PHCA Members] Peacock Hall - Zoning Request for a Family Day Home Kristie Davis Fri 12/18/2015 9:17 AM TaNiles Davis <milesjd24@hotmail.com>; ---------- Forwarded message ---------- From: "Paul Dowell" <cvillebound@gmail.com> Date: Dec 18, 2015 9:06 AM Subject: Re: [PHCA Members] Peacock !-fill - Zoning Request for a Family Day Home To: "Kristie Davis" <krisldavis7200cmail.com> Cc: <Suzanne.r.schaefferCa7gmail.com>, "Allen Biilyk" < alien (a)reaipro er inc.com>, 'Beth Hallen" <bhollen@grnail.com>, "Charles Molhoek" <molhoek@gmail.corn>, "Debra Ross" < o s 4b h m i . >, "Greg Lohr" <gmlohr@yahoo.com>, "Jacqueline Koenig" <jacquikoenig6gmail.com>, "Jan Dutton" <jf dutton@yahoo.com>, "Maureen Minor" <senexva@amail.com> Hello Kristie, Please note that I copied the Peacock Hill Board of Directors, and our property managers at Real Properties, Inc., on this email. On behalf of'the Board, and the entire Peacock Hill community, I want to thank you for your communication. It clearly states the short term and long term intentions for your Child Care business. Shortly after the notice letter was sent to your neighbors by Albemarle County, I (representing the Board) received one written communication, and one phone call, each expressed concerns about increased traffic, noise, and such. We asked our property management firm to provide any information that was relevant to the subject. The Board concluded that Beautiful Minds was not in violation of the Peacock Hill Covenants and issued the following statement to everyone that expressed a concern about the expansion of the Day Care: The follow response was sent to the family that originally brought the letter to my attention: "Thanks for sharing this concern over the expansion of the Childcare business located in the home at 707 Acorn Lane. Speaking for the Board, we want to be aware of these issues in the community and it is always good to know about applications and notices of hearings such as the one that you forwarded to us. After a review with the PHCA Board and our management team at Real Properties, Inc., we concluded the following: Although our community covenants regulate appearance and protect us from ongoing nuisances in the use of land in our community, the Association is not aware of anything that precludes an owner from conducting business out of their home. Owners are required to obtain a business license from the County of Albemarle. The County and its zoning administrators make the determinations as to the compliance with the residential zoning laws. All owners should take care and ensure that any personal orbusiness use of land in the community is done without creating burdens on our common areas or disturbances to other homeowners. At this time, the Association will not be involved in this issue beyond welcoming updates and encouraging aft parties to talk with one another. Please let me know if you have any questions or concerns about this reply." Since Peter Drenan sent his community wide email, I have received multiple communications from concerned hVs:/kxAoak.livecanA aWewmWd-ReadMess&ftemlD=AQMkADAwATYDMDABLThiZGYfMINCOwMAIfMDAKAEYAAAomLifTWmgv$LGn... 1/6 12f22M5 Fwd: Re: [PHCA Members] Peacock Hill - Zoning Request for a F... - Miles Dark Peacock Hill residents. To each email, I send the text that represents the Board's position on this matter -- quoted above. Because Peter Drenan asked the Board to reconsider this matter, it will be on the agenda of the January 21, 2016 meeting of the Board. As I noted in my email to Peter Drenan, "the status of the Day Care will be added to the agenda for informational purposes." Please feel free to contact me directly, at 434-282-2466. Sincerely, Paul Dowell President, Peacock Hill Community Association Board of Directors On Thu, Dec 17, 2015 at 8:29 PM, Kristie Davis <kriisldQvis772Q&amail.com> wrote: To Our Wonderful Neighbors, As you are aware, during our attempt to obtain state licensure for our existing voluntarily registered family day home, we've received a few neighbors that are opposed. I would first and foremost like to stress that we have no Intention of enrolling the maximum allowed 12 students next fall, nor do we pian to provide full days. At this point and time we would like to maintain our current five children per day and possibly add up to three more per day, 9 am to 1 pm, M-TH. Weare not a full-time family day home. We heel the letter distributed by the Albemarle County Zoning Office did not reflect our intentions, rather reflected the maximum figures allowable under Albemarle County code and Virginia State law. We are attempting to achieve two primary objectives; obtain state licensure as the next step toward transMoning to a commercial space and keep siblings of currently enrolled students together. We purchased our Peacock Hill home understanding that a family day home previously operated in this neighborhood and was accepted in this community. Not only was it approved, but it also served many of the families in Peacock Hill as an established element of the character of this neighborhood. have my Master's uegree ►n Lclucation anch taught for Albemarle County Public Schools, The Peabody School and Millstone of Ivy prior to having my own children. I have multiple character letters of recommendation highlighting my integrity and dedication to my families and our community. Regardless of my experience and master's degree in teaching, we decided to go through the procedures of State Voluntary Registration during our first year of opening our school, so parents felt comfortable knowing my husband and 1, along with substitute teachers, have gone through the rigor of Virginia State regulations and requirements to include but not limited to; unannounced inspections, TB testing, background checks, etc. This was not required for the number of students we accepted during our first year. As the name suggests, our current state registration is voluntary. We fully intend to apply that same responsible approach with regard to maintaining the character of this great neighborhood, for which we hope to make our long-term home. We currently allow five children per day from 9:00 AM until noon (with the option for extended day until 1 pm on occasion). Again, I have no inftydbns ofhdgghV ft6m femii►es in each deh! To be frank, exceeding seven or eight children per day is not likely. Without full licensure, I be forced to ask parents to split up their children. It would be extremely hard for me to ask any of our wonderful families to leave our school and/or to split up families because I cannot accept younger siblings. tftslloulook.live.camlowafiPAewmodd=ReadMessageltem&ftemID=AQMkADAwATYOMDABLTHZGYtYTZINCOwMA MMDAKAEYAAAOmWTWmgvSLGn... 26 12r4=15 Fwd; Re: [PHCA Members] Peacock Hill - Zoning Request far a F... - Miles Davis We're asking for your consideration to allow for three additional children per day. This will allow us to obtain the capital required to secure a commercial space to continue responsible growth. My husband and I feel e-mail can quickly become negative and at times easily misinterpreted. Several of the concerns raised are valid and warrant additional dialog. We ask that if you have further concerns or questions about our school that we meet face to face so we can fully understand the nature of your concerns and perhaps identify a common ground, We are a myhonoraN� family *0young chrkhm of our om We am not Wng io We away any peamfirl aspect of our neighborhood but rather offer a kwngt; caring environment whwre our rwgV" toddlers can learn and 11bunsh With Utmost Respect, Kristie Davis Charlottesville Beautiful MIND5 Preschool, LLC cvi I lebeautif u lmi nds.com 434.244.0446 On Dec 16, 2015 6:58 PM, "Peter Drenan" <peter drenanOyahoo.com> wrote: To all, There is a zoning request at. the County that is asking whether the neighbors would object to a family Day Home (essentially a day care center) to be located on Acorn Lane, at the very back of the Peacock Hill community. This Family Day Home has come into existence just this year, but with a limit of only 5 children. The zoning request is to allow the facility to grow to as many as 12 children, with a commensurate increase in staffing. The rules for Family Day Homes were modified in Albemarlejust recently (2013), allowing the use of a single-family house for a Family Day Home for five or fewer children by right (i.e. no approval required). The zoning ordinance allows the facility to be used for up to 12 children without further approvals, if there are no objections by the neighbors. If objections are raised, the zoning request is referred to the Board of Supervisors for a decision. Over the course of the last two weeks, I have called the PCHA manager's office and left an e-mail on the PCHA website asking if there is any community discussion about this zoning request to allow a Family Day Home. I have received no response thus far to any of my queries, so I am addressing the community at large via this e-mail. My questions to the PCHA Board and community are: Should we be engaged in a discussion about this as a community? Should the PCHA Board be leading the community in this discussion? The use of a house as a commercial activity with significant traffic seems to violate Section 7,02 of the PCHA covenants, and likely also Section 7.04. What should we do about this, in preparation for, and participating in the Board of Supervisor's meetings? We have submitted an objection to the County. The County informed us that other objections were also received, meaning that the County Zoning Department has no option other than refer the matter to the Board of Supervisors. The text of our objection is below (with a few minor edits of typographic and grammatical errors): Ms. Ragsdale, This letter is written in response to the County's letter dated November 15, 2015, pertaining to a zoning request (CLE#2015-231) for the Charlottesville Beautiful Minds (Family Day Home) located in the Peacock Hill subdivision, a PUD community. The current zoning ordinance allows for a Family Day Home for less than five children in a single-family residence without a zoning permit request, but requires additional consideration if the Family Day Home intends to provide care for more than five children. This Zoning Ordinance was not in place when Mlps:llmMook.live.comlowaMMewmoM-ReadMessageltm&tternlD=AQMkADAwATYUMDABLTItZGYtYTZINCOwMA11MDAKAEYAAAOm&Mmg4LGn... 36 12122=6 Fwd: Re: [WHOA Members] Peacock Hill - Zoring Request for a F_.. - Miles Davis Peacock Hill was created and zoned as a PUD, as the Zoning Ordinance was only implemented in 2013. The current use of the property as a Family Day Home with 5 or fewer children (exclusive of the provider's own children) has been operational this year. We are not opposed to the continued use of the property under the zoning ordinance allowing five or fewer children into be cared for in this facility. We are landowners whose property abuts the property identified in the zoning request. Upon notification by the County of the zoning request, we have engaged in discussions with lawyers, realtors, real estate managers, and other neighbors in Peacock Hill about the proposed increased use of this property. We are formally objecting to this zoning request based an the following concerns: Daily Round -Trip Traffic The zoning request as we understand it, would be to allow the Family Day Home to expand, allowing for the care for more than five but not more than twelve children under the age of thirteen (13). As we understand it, the staffing of the facility would need to increase to provide appropriate coverage for the operation of the facility and appropriate care of the increased number of children. Further, as we understand the regulations for Family Day Homes, the number of children refers to the maximum number of children at the facility at any given time, rather than referring to the total enrollment of children. This means that if the facility is fully enrolled on any given day and a child is retrieved by the parents at lunchtime, another child can be scheduled to fill the available opening for that afternoon. Together, the increased staffing and daily child census at the facility would likely cause additional traffic generated by the family day home to exceed twenty-four (24) vehicle round trips per day (excluding trips associated with the dwelling unit). This is in excess of what the County zoning ordinance allows. Further, this level of daily traffic transforms the nature of this cul-de-sac from a bucolic, wooded rural neighborhood to a traffic -density similar to a commercial neighborhood. Further, since the proposed facility is at the very back of the Peacock Hill subdivision, all of the additional vehicular traffic will be traveling the full length of Turkey Ridge Road affecting virtually all of the residences in the neighborhood with the increased traffic and safety concerns. Property Values We have had discussions with our realtor, other area realtors, and our property manager about the impacts of having a Family Day Horne directly adjacent to our property. Every person associated with real estate valuations, real estate assessments, and the impacts on selling or leasing a property next to this type of facility stated that we could expect to see a decrease in our property values. The sale of our property would be inhibited by the noise, traffic, and the nuisance of having an active 'child care facility' next-door to our house, and that it would be detrimental to all adjoining properties and it would change the character of the residential community. This would have the impact of reducing the marketability of our home, while also reducing the potential sale price of our house. Since our house is our largest financial investment as we near retirement in the near-term future, having any reduction of its potential value is a very concerning consideration for us. Acorn Lane Roadway Performance Standard Acorn Lane is not rated as a primary road within Albemarle County - it is not maintained, repaired managed by Albemarle County. The road was built to provide adequate roadbed integrity for a limited number of daily vehicles, including the roadbed, subsurface soils, drainage and surface materials. Any additional vehicle traffic on this road should not exceed the design rating of the road as was originally installed. Further, if the zoning request is approved, any subsequent repairs, maintenance and servicing of the roadway should be pro -rated as to its usage. Any agreement should be required (and negotiated) by the County Zoning Ordinance to address the physical consideration of the roadway and its subsequent repairs in a manner commensurate with its use. On -Street Parking Mps:l/oLMook.live.camlow&WewmWd=ReadMessagefGem&hemlD=AQMkADAwATYOMDABLTtiZGYtYTT-INCQwMAUMDAKAEYAAAOmutfTWmgvSLGn... 416 1=2=15 Fwd: Re: [PHCA Members] Peacock Hill - Zorirq Request for a F... - Miles Davis The children that will be cared for in this potential facility will need to be dropped -off and picked -up daily, requiring as many as a dozen vehicles at any one time that will be parking on the shoulders of the roadway. It is not clear by the County's zoning, permitting ordinances, and codes whether parking is allowed on the roadway of Acorn Lane, or along its shoulders. I ask the County to provide clarification of this point. In addition to the direct concerns of the permitted level of parking allowed, that quantity of parking raises some additional concerns. The staff parking plus the parent's parking for pick-ups and drop-offs might require as many as 12-14 cars to be parked on or along the small road of Acorn Lane on a daily basis. The entire length of Acorn Lane is only about 275 feet long and as narrow as 16 -feet, it is difficult to understand how this small road will be safely used when each standard parking space requires an area that is approximately 9 -feet by 24 -feet. The zoning clearance application for this request should require clear answers to issues regarding parking, including perhaps having County staff conduct an inspection to confirm adequacy of parking. Further, beyond the physical limitations of parking spaces, the twice -per -day high -demand parking will likely lead to parking on the roadway shoulders and/or private property. During wet conditions, the impacts of this vehicular traffic on unsupported landscaped areas would be to produce ruts and damaged areas adjacent to the roadway. Further still, during cool/cold condition the motors of vehicles might be left running while the children are being retrieved from the facility. This can result in significant concentrations of noxious and dangerous fumes that might contaminate the air quality and the existing vegetation in the vicinity of Acorn Lane. Ingress/Egress When considering the physical limitations of accessing the proposed facility on Acorn Lane and considering the further restriction of overcrowded drop-off and pick-up activities, the public health, safety and welfare are likely to be impacted by a significantly curtailed ingress and egress to the facility. The Zoning Administrator should request review/approval of an entrance/access by the County Engineer or VDOT, if they deem it necessary, to ensure that the minimum standards necessary to protect the public health, safety and welfare by providing safe ingress and egress will be met ... for both the family clay home as well as for the residents of Acorn Lane. Compliance requirements for any identified entrance and access improvements should be a condition of approval of a zoning clearance, in this circumstance. Based on all of the above considerations, we (Peter Drenan and Sarah Drenan), as abutting neighbors to the identified property, object to the zoning request for the use of the facility as a Family Day Home for more than five children. Thank you for your consideration. Respectfully, Peter Drenan Sarah Drenan Members mailing list Members@iust77 justhost.com http:/Iust77.iusthost.com/mailman/listinfo/members Qeaco�khill.org Members mailing list Members 'ust77Justho t m htt: st hos .corn mailman listinfo m m r eacockhill.or Paul Dowell hdps:IAY tx*Jive cflmlowaMMewmodel=ReatlMmmgeltem&kemlD=AQMkADAwATYOMDABLThiZGYtYTZ1NCOwMAItMDAKAEwYAAAomWMmgvSLGn... 56 1271=15 Fwd: Re: [PHCA Members] Peacock Hill - Zorfrq Requestfor a F... - Miles Davis Home: 434-282-2466 Cell: 847 951 4824 cv'I eboun m il.com hMs:Ik Wook.live.ccmlawaWewmodel=Read Aessagel6em&rwmlD=AQMkADAwATYOMDABLTI iZGY1YTZINCOwMAkMDAKAEYAAAOmkAt7WmgvSLGn... W 1222=5 Re: [P'HCA Members] Peacock Hill - Zoring Request for a Family— - Miles Davis Re: [PHCA Members] Peacock Hill - Zoning Request for a Family Day Home Kristie Davis Sat 12/19/2015 8:54 AM Inbox ro:lgnacio Provencio <ip7m@virginia.edu>; cc:Miles Davis <miiesjd24@hotma1l.com>; Suzanne R. Schaeffer<suzanne.r.schaeffer@gmail.com>; Iggy and Susi, Thank you so much for your for your kind words and support. It truly means the world to our family. We are extremely grateful to have such lovely neighbors! My cell is 434.466.3719, please never hesitate to call if I can repay the favor and help you in anyway_ We look forward to getting to know you and your beautif�si family better. Happiest Holiday Wishes and Blessing in the New Year! Kristie Davis Charlottesville Beautiful MINDS Preschool, LLC cvil lebeautifulminds.com 434.244.0446 On Fri, Dec 18, 2015 at 10:59 PM, Ignacio Provencio <i 7m vir ini > wrote: Hi Kristie and Miles, Susi and I wanted you to know, that we too support your adding a few children to your day care. We think you are extremely thoughtful as neighbors and conscientious in the manner you run your day care. We wish you the best of luck in this endeavor. Best, Iggy Provencio 620 Biq Oak Rd. Charlottesville, VA 22403 On Dec 18, 2015, at 10:15 AM, Wayne Fusco <waynefusco@yahoo.com> wrote: I would like to go on record letting all of our neighbors know that I fully support Kristie and Miles adding a few children to their day care. They are upstanding, kind, and thoughtful neighbors who keep a well- maintained, fenced property and are respectful to their neighbors. With all due respect to Mr Drenan; While he may own the property next door, it is my understanding hB :Ift po&-Iive.camlawa*AewmoM=ReadlAessagebwn&MmID=A4MkADAwATYOMDABLTNZG1RYTZ1NCOwMA1tMDAKAEYAAAOFnff WmgvSLGn... 1/7 12r2212015 Re: [PHCA Members] Peacock Hill - Zaring Request for a Family... - Miles Davis that he uses the property for rental purposes only and has not lived in the house for several years- I would contend that a rental home in our neighborhood is worse for our property values than a well kept, fenced house which happens to run a daycare. Additionally; hosting a day care between the hours of gam -fpm (no matter how loud playing children might be) could not be as disruptive as neighbors who allow their dogs to bark at all hours into the night. We live in the house next door to where the Metz's used to run a daycare some years ago. At that time, the daycare was welcomed by neighbors. I believe we should welcome this daycare as well. Sincerely, Wayne Fusco On Friday, December 18, 2015 3:17 AM, Kristie Davis <krisldavis720fdlgmail.corn wrote: To Our Wonderful Neighbors, As you are aware, during our attempt to obtain state licensure for our existing voluntarily registered family day home, we've received a few neighbors that are opposed. I would first and foremost like to stress that we have no intention of enrolling the maximum allowed 12 students next fall, nor do we plan to provide full days. At this point and time we would like to maintain our current five children per day and possibly add up to three more per day, 9 am to 1 pm, M-TH. We are not a full-time family day home. We feel the letter distributed by the Albemarle County Zoning Office did not reflect our intentions, rather reflected the maximum figures allowable under Albemarle County code and Virginia State law. We are attempting to achieve two primary objectives; obtain state licensure as the next step toward transitioning to a commercial space and keep siblings of currently enrolled students together. We purchased our Peacock Hill home understanding that a family day home previously operated in this neighborhood and was accepted in this community. Not only was it approved, but it also served many of the families in Peacock Hill as an established element of the character of this neighborhood. I have my Master's Degree in Education and taught for Albemarle County Public Schools, The Peabody School and Millstone of Ivy prior to having my own children. I have multiple character letters of recommendation highlighting my integrity and dedication to my families and our community. Regardless of my experience and master's degree in teaching, we decided to go through the procedures of State Voluntary Registration during our first year of opening our school, so parents felt comfortable knowing my husband and I, along with substitute teachers, have gone through the rigor of Virginia State regulations and requirements to include but not limited to; unannounced inspections, TB testing, background checks, etc. This was not required for the number of students we accepted during our first year. As the name suggests, our current state registration is voluntary. hfipsJkMook.live.00mlavahMewmoM=ReadhAessagaft n&hwlD=AQMkADAwATY(*ADABLTNZGYtYTZINCowMAUMDAKAEYAAAOmulfTWmgvSLGn... 217 12r2M15 Re: [PHCA Members] Peacock Hill - Zoning Request for a Family... - Miles Davis We fully intend to apply that same responsible approach with regard to maintaining the character of this great neighborhood, for which we hope to make our long-term home. We currently allow five children per day from 9:00 AM until noon (with the option for extended day until 1 pm on occasion). Again, I have no intentions of bringing twelve families in each da x To be frank, exceeding seven or eight children per day is not likely. Without full licensure, I be forced to ask parents to split up their children. It would be extremely hard for me to ask any of our wonderful families to leave our school and/or to split up families because I cannot accept younger siblings. We're asking for your consideration to allow for three additional children per day. This will allow us to obtain the capital required to secure a commercial space to continue responsible growth. My husband and I feel e-mail can quickly become negative and at times easily misinterpreted. Several of the concerns raised are valid and warrant additional dialog. We ask that if you have further concerns or questions about our school that we meet face to face so we can fully understand the nature of your concerns and perhaps identify a common ground. We are a very honorable family with young children of our own. We are not trying to take away any peaceful aspect of our neighborhood but rather offer a loving, caring environment where our neighbor toddlers can learn and flourish. With Utmost Respect, Kristie Davis Charlottesville Beautiful MINDS Preschool, LLC cvi Ukebeautifulmin-d—& m 434.244.0446 On Dec 16, 2015 6:58 PM, "Peter Drenan" <peter drenan yahoo.com> wrote: To all, There is a zoning request at the County that is asking whether the neighbors would object to a Family Day Home (essentially a day care center) to be located on Acorn Lane, at the very back of the Peacock Hill community. This Family Day Home has come into existence just this year, but with a limit of only 5 children. The zoning request is to allow the facility to grow to as many as 12 children, with a commensurate increase in staffing. The rules for Family Day Homes were modified in Albemarle just recently (2013), allowing the use of a single-family house for a Family Day Home for five or fewer children by right (i.e. no approval required). The zoning ordinance allows the facility to be used for up to 12 children without further approvals, if there are no objections by the neighbors. If objections are raised, the zoning request is referred to the Board of Supervisors for a decision. Over the course of the last two weeks, I have called the PCHA manager's office and left an e-mail on the PCHA website asking if there is any community discussion about this zoning request to allow a Family Day Home. I have received hlgpslloutlnak.live.comlowa*Aewmodel=ReadMessagdtemBJremlD=AQMkADAwATYOMDABLTNZG'AYTZINCOwMAUMDAKAEYAAAOmuir WmgvSLGti-. Y7 12!2712015 Re: [PHCA Members] Peacock Hill - Zarrng Request far a Family... - Miles Davis drainage and surface materials. Any additional vehicle traffic on this road should not exceed the design rating of the road as was originally installed. Further, if the zoning request is approved, any subsequent repairs, maintenance and servicing of the roadway should be pro -rated as to its usage. Any agreement should be required (and negotiated) by the County Zoning Ordinance to address the physical consideration of the roadway and its subsequent repairs in a manner commensurate with its use. On -Street Parking The children that will be cared for in this potential facility will need to be dropped - off and picked -up daily, requiring as many as a dozer) vehicles at any one time that will be parking on the shoulders of the roadway. It is not clear by the County's zoning, permitting ordinances, and codes whether parking is allowed on the roadway of Acorn Lane, or along its shoulders. I ask the County to provide clarification of this point. In addition to the direct concerns of the permitted level of parking allowed, that quantity of parking raises some additional concerns. The staff parking plus the parent's parking for pick-ups and drop-offs might require as many as 12-14 cars to be parked on or along the small road of Acorn Lane on a daily basis. The entire length of Acorn Lane is only about 275 feet long and as narrow as 16 -feet, it is difficult to understand how this small road will be safely used when each standard parking space requires an area that is approximately 9 -feet by 20 -feet. The zoning clearance application for this request should require clear answers to issues regarding parking, including perhaps having County staff conduct an inspection to confirm adequacy of parking. Further, beyond the physical limitations of parking spaces, the twice -per -day high - demand parking will likely lead to parking on the roadway shoulders and/or private property. During wet conditions, the impacts of this vehicular traffic on unsupported landscaped areas would be to produce ruts and damaged areas adjacent to the roadway. Further still, during cool/cold condition the motors of vehicles might be left running while the children are being retrieved from the facility. This can result in significant concentrations of noxious and dangerous fumes that might contaminate the air quality and the existing vegetation in the vicinity of Acorn Lane. Ingress/Egress When considering the physical limitations of accessing the proposed facility on Acorn Lane and considering the further restriction of overcrowded drop-off and pick-up activities, the public health, safety and welfare are likely to be impacted by a significantly curtailed ingress and egress to the facility. The Zoning Administrator should request review/approval of an entrance/access by the County hto :Ikxdo*live.DornkwaWowmoM=RwdMessageftern8dffimID=AQMkADAwATYWDABLTNZGYffMNCDwMA11MDAKAEYAAAOmuIfTWmgvSLGn._. 617 1212202015 Re: [PHCA Members] Peacock Hill - Zoning Request for a Family... - Miles Davis appropriate coverage for the operation of the facility and appropriate care of the increased number of children. Further, as we understand the regulations for Family Day Homes, the number of children refers to the maximum number of children at the facility at any given time, rather than referring to the total enrollment of children. This means that if the facility is fully enrolled on any given day and a child is retrieved by the parents at lunchtime, another child can be scheduled to fill the available opening fcr that afternoon. Together, the increased staffing and daily child census at the facility would likely cause additional traffic generated by the family day home to exceed twenty-four (24) vehicle round trips per day (excluding trips associated with the dwelling unit). This is in excess of what the County zoning ordinance allows. Further, this level of daily traffic transforms the nature of this cul-de-sac from a bucolic, wooded rural neighborhood to a traffic -density similar to a commercial neighborhood. Further, since the proposed facility is at the very back of the Peacock Hill subdivision, all of the additional vehicular traffic will be traveling the full length of Turkey Ridge Road affecting virtually all of the residences in the neighborhood with the increased traffic and safety concerns. Property Values We have had discussions with our realtor, other area realtors, and our property manager about the impacts of having a Family Day Home directly adjacent to our property. Every person associated with real estate valuations, real estate assessments, and the impacts on selling or leasing a property next to this type of facility stated that we could expect to see a decrease in our property values. The sale of our property would be inhibited by the noise, traffic, and the nuisance of having an active 'child care facility' next-door to our house, and that it would be detrimental to all adjoining properties and it would change the character of the residential community. This would have the impact of reducing the marketability of our home, while also reducing the potential sale price of our house. Since our house is our largest financial investment as we near retirement in the near-term future, having any reduction of its potential value is a very concerning consideration for us. Acorn Lane Roadway Performance Standard Acorn Lane is not rated as a primary road within Albemarle County - it is not maintained, repaired managed by Albemarle County. The road was built to provide adequate roadbed integrity for a limited number of daily vehicles, including the roadbed, subsurface soils, https:l/oullook live corn/owa&Aewmodel=ReadMessagekem&Rem ID--AQMkADAwATYOMDABLTNZGYtYTZINCOwMAHM DAKAEYAAAOmutFf WmgvSLGn... 517 1222!'X175 Re: [PHCA Members] Peacm* Hill - Zorrng Request for a Family... - Miles Davis no response thus far to any of my queries, so I am addressing the community at large via this e-mail. My questions to the PCHA Board and community are: Should we be engaged in a discussion about this as a community? Should the PCHA Board be leading the community in this discussion? The use of a house as a commercial activity with significant traffic seems to violate Section 7.02 of the PCHA covenants, and likely also Section 7.04. What should we do about this, in preparation for, and participating in the Board of Supervisor's meetings? We have submitted an objection to the County. The County informed us that other objections were also received, meaning that the County Zoning Department has no option other than refer the matter to the Board of Supervisors. The text of our objection is below (with a few minor edits of typographic and grammatical errors): Ms. Ragsdale, This letter is written in response to the County's letter dated November 16, 2015, pertaining to a zoning request (CLE#2015-231) for the Charlottesville Beautiful Minds (Family Day Home) located in the Peacock Hill subdivision, a PUD community. The current zoning ordinance allows for a Family Day Home for less than five children in a single-family residence without a zoning permit request, but requires additional consideration if the Family Day Home intends to provide care for more than five children. This Zoning Ordinance was not in place when Peacock Hill was created and zoned as a PUD, as the Zoning Ordinance was only implemented in 2013. The current use of the property as a Family Day Home with 5 or fewer children (exclusive of the provider's own children) has been operational this year. We are not opposed to the continued use of the property under the zoning ordinance allowing five or fewer children into be cared for in this facility. We are landowners whose property abuts the property identified in the zoning request. Upon notification by the County of the zoning request, we have engaged in discussions with lawyers, realtors, real estate managers, and other neighbors in Peacock Hill about the proposed increased use of this property. We are formally objecting to this zoning request based on the following concerns: Daily Round -Trip Traffic The zoning request as we understand it, would be to allow the Family Day Home to expand, allowing for the care for more than five but not more than twelve children under the age of thirteen (13). As we understand it, the staffing of the facility would need to increase to provide https:llmgook.live.comlewal#viewmodd=ReadMessageltem8dtemID=AQMkADAwATYOMDABLTt iZGYtYTZINCOwMAHMDAKAEYAAAOmt#TwmguSLGn... 47 1217111015 Re: ]PHCA Members] Peawrk Hili - Zoning Request for a Family... - Miles Davis Engineer or VDOT, if they deem it necessary, to ensure that the minimum standards necessary to protect the public health, safety and welfare by providing safe ingress and egress will be met ... for both the family day home as well as for the residents of Acorn Lane. Compliance requirements for any identified entrance and access improvements should be a condition of approval of a zoning clearance, in this circumstance. Based on all of the above considerations, we (Peter Drenan and Sarah Drenan), as abutting neighbors to the identified property, object to the zoning request for the use of the facility as a Family Day Home for more than five children. Thank you for your consideration. Respectfully, Peter Drenan Sarah Drenan Members mailing list Membem@.Oust77.-iusthost.com hffp:L/just77.-iusthost.com/mailman/listinfo/members oearockhill.ora Members mailing list Members@dust77.iusthost.com h ://must77.justhost.com/ma' /lis info/members eacockhi r Members mailing list Members@just77justhost.com http1[j.tist77,justhost.com/mai lm a n/listi nfo/mem berpeacockh i ll.org ht4)s:IbAook.live.corn/owaNNaiewmodel=ReadMessagel m&ItemiD=AQMkADAwATYOMDABI_TtdZGYtYTZINCOwMA1tMDAKAEYAAAOmu tTWmgvSLGn... 717 12r71C10'15 Fwd Re: [PNCA Members] PaacDc* Hill - Zoning ReWestfar a F... - Miles Davis Ford: Re: [PHCA Members] Peacock Hill - Zoning Request for a Family Day Horse Kristie Davis Sat 12/19/2015 145 `= F' Inbox To:Miles Davis <milesjd24@hotmail.com>; --- - - - - - Forwarded message ---------- From: "Rosemary Dowell" <tuturose660(cDgmail.com> Date: Dec 19, 2015 3:41 PM Subject: Re: LIPHCA Members] Peacock mill Zoning Request for a Family Day Home To: "Kristie Davis" <kdsldavis7200grnail.com> Cc: Dear Kristie, I hope you are having a peaceful holiday season. Just know that you are such lovely, kind and intelligent neighbors! I only wish I had someone like you in my neighborhood when I did my undergraduate and graduate degree. It was so stressful to have to seek out safe, excellent child care; having a neighbor to assist me would have been a blessing. Have a glass of wine and know that this is just a hoop that you are being forced to jump through. It makes me remember why I took an early retirement! Ha! Fondly, Rose Dowell Sent from my iPhone On Dec 17, 2015, at 8:29 PM. Kristie Davis <kr1sldavis720@)amail.com> wrote; To Our Wonderful Neighbors, As you are aware, during our attempt to obtain state licensure for our existing voluntarily registered family day home, we've received a few neighbors that are opposed. I would first and foremost like to stress that we have no Intention of enrolling the mmdmum allowed 12 studerds next fafi, nor do we plan to provide full days. At this point and time we would lila: to maintain our current five children per day and possibly add up to three more per day, 9 am to 1 pm, M-TH. We are not a full-time family day home. We feel the letter distributed by the Albemarle County Zoning Office did not reflect our intentions, rather reflected the mmdmum figures aflowable under Albemarle County code and Virginia State law. We are attempting to achieve two primary objectives; obtain state licensure as the next step toward transitioning to a commercial space and keep siblings of cunw* enrolled students together. We purchased our Peacock Hill home understanding that a family day home previously operated in this neighborhood h ipsl/oWcx*.Iive combwaMMewmodd=ReadMessageftam&MMID=AQMkADAwATYOMDABI_TtiZGYtYrZINCOwMAMMDAKAEYAAAom&MmgvSI-Gn... 1/5 12122120'15 Fwd: Re: [PHCA Members] Peamck Hill - Zaning Request for a F... - Miles Davis and was accepted in this community. Not only was it approved, but it also served many of the families in Peacock Hill as an established element of the character of this neighborhood. I have my Master's Degree in Education and taught for Albemarle County Public Schools, The Peabody School and Millstone of ivy prior to having my own children. I have multiple character letters of recommendation highlighting my integrity and dedication to my families and our community. Regardless of my experience and master's degree in teaching, we decided to go through the procedures of State Voluntary Registration during our first year of opening our school, so parents felt comfortable knowing my husband and I, along with substitute teachers, have gone through the rigor of Virginia State regulations and requirements to include but not limited to; unannounced inspections, TB testing, background checks, etc. This was not required for the number of students we accepted during our first year. As the name suggests, our current state registration is voluntary. We fully intend to apply that same responsible approach with regard to maintaining the character of this great neighborhood, for which we hope to make our long-term home. We currently allow five children per day from 9:00 AM until noon (with the option for extended day until 1 pm on occasion). Again, I have noktfftli=ofbr3nathat> Ive famt%Fin each day To be frank, exceeding seven or eight children per day is not likely. Without full licensure, I be forced to ask parents to split up their children. It would be extremely hard for me to ask any of our wonderful families to leave aur school and/or to split up families because I cannot accept younger siblings. We're asking for your consideration to allow for three additional children per day. This will allow us to obtain the capital required to secure a commercial space to continue responsible growth. My husband and I feel a -mai[ can quickly become negative and at times easily misinterpreted. Several of the concerns raised are valid and warrant additional dialog. We ask that if you have further concerns or questions about our school that we meet face to face so we can fully understand the nature of your concerns and perhaps identify a common ground. We are a mThanoraW fe wly with young chddrlen of our own We are not &yfng to take aW arty peaceful aspect of our n6ghbodlood but rather offera l wmg raring environment where our neW9w iaddAws can Alam and f mnssk With Utmost Respect, Kristie Davis Charlottesville Beautiful MINDS Preschool, LLC cvi llebeautifulminds.com 434.244.0446 On Dec 16, 2015 6:58 PM, "Peter Drenan" <12eter drenan h o.com> wrote: To all, There is a zoning request at the County that is asking whether the neighbors would object to a Family Day Home (essentially a day care center) to be located or. Acorn Lane, at the very back of the Peacock Hill community. This hVs:lPoutlook.live.comlowa*Aewmodel=ReadMess&ltemlD=AQMkADAwATYOMDABLTNZGYtYrZINCOwMAIIMDAKAEYAAAOmutFrWmgvSLGn... 25 12122!2095 Fwd: Re: [PHCA Members] Peacock Hill - Zodng Request for a F... - Miles Davis Family Day Home has come into existencejust this year, but with a limit of only 5 children. The zoning request is to allow the facility to grow to as many as 12 children, with a commensurate increase in staffing. The rules for Family Day Homes were modified in Albemarle just recently (2013), allowing the use of a single-family house for a Family Day Home for five or fewer children by right (i.e. no approval required). The zoning ordinance allows the facility to be used for up to 12 children without further approvals, if there are no objections by the neighbors. If objections are raised, the zoning request is referred to the Board of Supervisors for a decision. Over the course of the last two weeks, I have called the PCHA manager's office and left an e-mail on the PCNA website asking if there is any community discussion about this zoning request to allow a Family Day Home. i have received no response thus far to any of my queries, so I am addressing the community at large via this e-mail. My questions to the PCHA Board and community are: Should we be engaged in a discussion about this as a community? Should the PCHA Board be leading the community in this discussion? The use of a house as a commercial activity with significant traffic seems to violate Section 7.02 of the PCHA covenants, and likely also Section 7.04. What should we do about this, in preparation for, and participating in the Board of Supervisor's meetings? We have submitted an objection to the County. The County informed us that other objections were also received, meaning that the County Zoning Department has no option other than refer the matter to the Board of Supervisors. The text of our objection is below (with a few minor edits of typographic and grammatical errors): Ms. Ragsdale, This letter is written in response to the County's letter dated November 16, 2015, pertaining to a zoning request (CLE#2015-231) for the Charlottesville Beautiful Minds (Family Day Home) located in the Peacock Hill subdivision, a PUD community. The current zoning ordinance allows for a Family Day Home for less than five children in a single-family residence without a zoning permit request, but requires additional consideration if the Family Day Home intends to provide care for more than five children. This Zoning Ordinance was not in place when Peacock Hill was created and zoned as a PUD, as the Zoning Ordinance was only implemented in 2013. The current use of the property as a Family Day Home with 5 or fewer children (exclusive of the provider's own children) has been operational this year. We are not opposed to the continued use of the property under the zoning ordinance allowing five or fewer children into be cared for in this facility. We are landowners whose property abuts the property identified in the zoning request. Upon notification by the County of the zoning request, we have engaged in discussions with lawyers, realtors, real estate managers, and other neighbors in Peacock Hill about the proposed increased use of this property. We are formally objecting to this zoning request based on the following concerns: Daily Round rip Traffic The zoning request as we understand it, would be to allow the Family Day Home to expand, allowing for the care for more than five but not more than twelve children under the age of thirteen (13). As we understand it, the staffing of the facility would need to increase to provide appropriate coverage for the operation of the facility and appropriate care of the increased number of children. Further, as we understand the regulations for Family Day Homes, the number of children refers to the maximum number of children at the facility at any given time, rather than referring to the total enrollment of children. This means that if the facility is fully enrolled on any given day and a child is retrieved by the parents at lunchtime, another child can be scheduled to fill the available opening for that afternoon. Together, the increased staffing and daily child census at the facility would likely cause additional traffic generated by the family day home to exceed twenty-four (24) vehicle round trips per day (excluding trips associated with the dwelling unit). This is in excess of what the County zoning ordinance allows. Further, this level of daily traffic transforms the nature of this cul-de-sac from a bucolic, wooded rural neighborhood to a traffic -density similar to a commercial neighborhood. hgs:lloutlook.Ave.comlawayk4owmodel=ReMMessagelWn&ItamlD=AQMkADAwATYOMDAIL.ThiZGYtYTZINCOwMANMDAKAEYAAAOrnLdMmgvSLGn... 3i5 1212212015 Fwd: Re: fPHCA Members] Peacock Hill -Zoning Request for a F... -Miles Davis Further, since the proposed facility is at the very back of the Peacock Hill subdivision, all of the additional vehicular traffic will be traveling the full length of Turkey Ridge Road affecting virtually all of the residences in the neighborhood with the increased traffic and safety concerns. Property Values We have had discussions with our realtor, other area realtors, and our property manager about the impacts of having a Family Day Home directly adjacent to our property_ Every person associated with real estate valuations, real estate assessments, and the impacts on selling or leasing a property next to this type of facility stated that we could expect to see a decrease in our property values. The sale of our property would be inhibited by the noise, traffic, and the nuisance of having an active 'child care facility' next-door to our house, and that it would be detrimental to all adjoining properties and it would change the character of the residential community. This would have the impact of reducing tine marketability of our home, while also reducing the potential sale price of our house. Since our house is our largest financial investment as we near retirement in the near-term future, laving any reduction of its potential value is a very concerning consideration for us. Acorn Lane Roadway Performance Standard Acorn Lane is not rated as a primary road within Albemarle County - it is not maintained, repaired managed by Albemarle County. The road was built to provide adequate roadbed integrity for a limited number of daily vehicles, including the roadbed, subsurface soils, drainage and surface materials. Any additional vehicle traffic on this road should not exceed the design rating of the road as was originally installed. Further, if the zoning request is approved, any subsecUent repairs, maintenance and servicing of the roadway should be pro -rated as to its usage. Any agreement should be required (and negotiated) by the County Zoning Ordinance to address the physical consideration of the roadway and its subsequent repairs in a manner commensurate with its use. On -Street Parking The children that will be cared for in this potential facility will need to be dropped -off and picked -up daily, requiring as many as a dozen vehicles at any one time that will be parkifig on t le shoulders of the roadway. It is not clear by the County's zoning, permitting ordinances, and codes whether parkipg is allowed on the roadway of Acorn Lane, or along its shoulders. I ask the County to provide clarifcation of this point. In addition to the direct concerns of the permitted level of parking allowed, that quantity of parking raises some additional concerns. The staff parking plus the parent's parking for pick-ups and drop-offs might require as many as 12-14 cars to be parked on or along the small road of Acorn Lane on a daily basis. The entire length of Acorn Lane is only about 275 feet long and as narrow as 15 -feet, it is difficult to understand holm this small road will be safely used when each standard parking space requires an area that is approximately 9 -feet by 20 -feet. The zoning clearance application for this request should require clear answers to issues regarding parking, including perhaps having County staff conduct an inspection to confirm adequacy of parking. Further, beyond the physical limitations of parking spaces, the twice -per -day high -demand parking will likely lead to parking on the roadway shoulders and/or private property. During wet conditions, the impacts of this vehicular traffic on unsupported landscaped areas would be to produce ruts and damaged areas adjacent to the roadway. Further still, during wcl/cold condition the motors of vehicles might be left running while the children are being retrieved from the hVsJloutlook.live.comlowa*Aewmodel=ReadMessageltem&ltemID=AQMkADAwATYOMDABLTIiZGYtYTZINCOwMAIIMDAKAEYAAAOmutrrWmgvSLGrL.. 4f5 12222015 Fwd: Re: (PHCA Members) Pewjxk Hill - Zoning Requestior a F..,- Miles Danns facility. This can result in significant concentrations of noxious and dangerous fumes that might contaminate the air quality and the existing vegetation in the vicinity of Acorn Lane. Ingress/Egress When considering the physical limitations of accessing the proposed facility on Acorn Lane and considering the further restriction of overcrowded drop-off and pick-up activities, the public health, safety and welfare are likely to be impacted by a significantly curtailed ingress and egress to the facility_ The Zoning Administrator should request review/approval of an entrance/access by the County Engineer or VDOT, if they deem it necessary, to ensure that the minimum standards necessary to protect the public health, safety and welfare by providing safe ingress and egress will be met -..for both the family day home as well as for the residents of Acorn Lane. Compliance requirements for any identified entrance and access improvements should be a condition of approval cf a zoning clearance, in this circumstance. Based on all of the above considerations, we (Peter Drenan and Sarah Drenan), as abutting neighbors to the identified property, object to the zoning request For the use of the facility as a Family Day Horne for more than five children. Thank you for your consideration. Respectfully, Peter Drenan Sarah Drenan Members mailing list MembersQlust77.iusthost.com http:/fiust77.musthost.com/mailman/listinfo/member.s- peacockhill.o rg Members mailing list Members emust77 justhost.com http,a'ust77.iusthost.com/mailman/listinfo/members peacockhill.org h"sJfaAook.live.oomlowagMewmodel=ReadMessagell-m& terrdD--AQMkADAwATYOMDABLTFiZGYIMINCOwMANMDAKAEYNWOmutFTWmgvSLGn... 56