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Home My WebLink AboutSP201500009 Staff Report 2015-05-19 ��.of A &� I�I4i1iIi'. e telgraFer �'IRGINIP ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SP201500009 Olivet Presbyterian Staff: Megan Yaniglos, Principal Planner Church- Preschool Planning Commission Public Hearing: Board of Supervisors Hearing: TBD May 19, 2015 Owner(s): Olivet Presbyterian Church Applicant(s): Albert Connette- Olivet Pres. Church Acreage: 9.19 acres Rezone from: Not applicable Special Use Permit for: Day care center, as permitted under section 10.2.2.7 of the Zoning Ordinance (reference 5.1.06) TMP: Tax Map 43 Parcel 8 By-right use: RA- Rural Areas Location: 2575 Garth Road (Attachment A) Magisterial District: Samuel Miller Proffers/Conditions: Yes Requested # of Dwelling Units/Lots: not DA- RA- X applicable Proposal: Day care/preschool for up to 24 Comp. Plan Designation: Rural Areas- students within the existing church. preserve and protect agricultural, forestal, open (Attachment B) space, and natural, historic and scenic resources/density (0.5 unit/acre in development lots) in Rural Area 3. Character of Property: The property contains an Use of Surrounding Properties: Single Family existing church with fellowship hall, cemetery, and Residential wooded areas. Factors Favorable: Factors Unfavorable: None identified 1. No significant impacts would be created by the proposed daycare/preschool Recommendation: Based on findings presented in the staff report, staff recommends approval with conditions. SP201500009—Olivet Presbyterian Church Planning Commission: May 19, 2015 Page 1 STAFF CONTACT: Megan Yaniglos, Principal Planner PLANNING COMMISSION: May 19, 2015 BOARD OF SUPERVISORS: TBD PETITION: PROJECT: SP201500009 Olivet Presbyterian Church Preschool MAGISTERIAL DISTRICT: Samuel Miller TAX MAP/PARCEL: 04300-00-00-00800 LOCATION: 2575 Garth Road PROPOSAL: Day care/preschool for up to 24 students within the existing church. PETITION: Day care center, as permitted under section 10.2.2.7 of the Zoning Ordinance (reference 5.1.06) ZONING: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots) COMPREHENSIVE PLAN: Rural Areas— preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/density (0.5 unit/acre in development lots) CHARACTER OF THE AREA: The property contains an existing church with fellowship hall. The adjacent properties are single family residential. PLANNING AND ZONING HISTORY: SP2000-020- Approved special use permit for expansion of the church; SP2003-0189-Approved special use permit for expansion of the church and an outdoor recreation area. DETAILS OF THE PROPOSAL: The church proposes a daycare/preschool for up to 24 students within the existing church (Attachment B). There will be two classrooms with up to twelve students each; one for three year olds, and one for four year olds. The three year old class would operate in the mornings from 9am to 12 noon, three days a week. The four year old class would operate in the mornings, 9am to 12 noon, five days a week. No additional buildings or parking is required or proposed. ANALYSIS OF THE SPECIAL USE PERMIT REQUEST Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors shall reasonably consider the following factors when reviewing and acting upon an application for a special use permit: No substantial detriment. The proposed special use will not be a substantial detriment to adjacent lots. In evaluating whether a use will be a detriment to adjacent properties, the intensity of the use and other impacts are evaluated. Comments and concerns of neighboring properties are also considered. One measure of intensity of the use in relation to nearby and adjoining properties is the traffic impacts of the proposal. A closely related measure of intensity is scale of the use in relation to the neighborhood the use is located. A community meeting was held on February 24, 2015. There were two attendees, both nearby residents and members of the church. No issues were raised with the proposed preschool. The proposed preschool would be within the existing church classrooms and an outdoor play area is existing on site. The Virginia Department of Transportation has requested that one of the existing entrances be modified to address site distance issues. No substantial detriment to adjacent lots is SP201500009—Olivet Presbyterian Church Planning Commission: May 19, 2015 Page 2 anticipated with the condition that the entrance be modified and approved by VDOT. This modification can be handled during the site plan amendment process. Character of district unchanged. The character of the district will not be changed by the proposed special use. The preschool will not change the character of the district. The school will operate in the mornings only with a minimum amount of children within the current building. Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter, Religious land uses are not specifically addressed in the purpose or intent of the zoning ordinance. However, they have generally been considered as compatible land uses in rural and residential areas, A daycare/preschool of this scale (24 children) and within the existing church structure will not change or alter this use. ...with the uses permitted by right in the district Churches are common in the Rural Areas zoning district, and have generally been considered in harmony with agricultural land uses and with residential uses. Family Day Homes, which allow up to 12 children in a private home, are also an allowed use in the Rural Areas, by right under five children and with a zoning clearance for more than five. Therefore, the proposed daycare/preschool will be in conformance with those uses permitted by right in the Rural Areas. ...with the regulations provided in section 5 as applicable, The daycare/preschool will be subject to the regulations for daycares under section 5.1.06 (Attachment C). ...and with the public health, safety and general welfare. As stated above, VDOT identified site distance issues that need to be addressed with the church's eastern entrance. No traffic issues have been identified with this use. Health Department approval will be required. The proposed daycare/preschool will allow families in the community an opportunity for childcare and preschool education to prepare the children for academic success later in school. The church has also stated that in the future the church may be able to provide scholarships for families who otherwise could not afford preschool. The nearby schools do not currently have a Bright Stars program available to children of preschool age. This can be seen as promoting the public health safety and general welfare of the community. Consistency with the Comprehensive Plan. The use will be consistent with the Comprehensive Plan. The Comprehensive Plan designates the property as Rural Area. The Comprehensive Plan designates the subject properties as Rural Areas emphasizing the preservation and protection of agricultural, forestal, open space, and natural, historic and scenic resources as land use options. Under the Rural Areas Section of the Comprehensive Plan allowing an addition to the existing historical church supports the following Guiding Principles: SP201500009-Olivet Presbyterian Church Planning Commission: May 19, 2015 Page 3 "Protect the Rural Area's historic, archeological, and cultural resources." "Rural citizens supported by community meeting places, a basic level of services, and rural organizations and other cultural institutions at traditional rural scales, with opportunities to take part in community life and decisions." "Protect and enhance rural quality of life for present and future Rural Area residents." "Address the needs of existing rural residents without fostering growth and further suburbanization of the Rural Areas." The proposed preschool addresses the needs of the rural residents by providing an opportunity for a preschool program to prepare children for kindergarten without encouraging suburbanization, contributing to the creation of a defacto growth area, or impacting the character of local historic, scenic, or cultural resources. SUMMARY: Staff has identified factors which are favorable and unfavorable to this proposal: Factors favorable to this request include: 1. No significant impacts would be created by the proposed addition No unfavorable factors have been identified. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2015-0009 Olivet Presbyterian Church- Preschool with the following conditions: 1. The maximum number of children shall not exceed twenty-four(24) or the number of students as approved by the Health Department or the Department of Social Services; whichever is less; 2. VDOT approval of the entrance improvements; 3. Hours of operation for the day care shall be between 8am and 1 pm Monday thru Friday. Motions: Special Use Permit A. Should the Planning Commission choose to recommend approval of this special use permit: I move to recommend approval of SP 20150009 Olivet Presbyterian Church Preschool with the conditions outlined in the staff report. B. Should the Planning Commission choose to recommend denial of this special use permit: SP201500009—Olivet Presbyterian Church Planning Commission: May 19, 2015 Page 4 I move to recommend denial of SP 20150009 Olivet Presbyterian Church Preschool. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ATTACHMENTS Attachment A— Map Attachment B —Applicant Justification Attachment C- Section 5.1.06 SP201500009—Olivet Presbyterian Church Planning Commission: May 19, 2015 Page 5 g ;41111 11 I`° 3o EI WillffilWffil i g,,,, ' l!klill.r '4 F, WI I c .t tt _N _u a iiiliali ., _6 .1.,. 1. �F L E 7 ..„,....4„,,,,,,, y m 5 Q , S�0.tF �Y 3�' a �"`,fis `` r.t• a' "k.* ..3�4» ` hipip... Y 4 r x y, ►' 4'41,,,, ,Y .. - . ` . ,.a,' r.•°� '? l�z 1 ��,1 * . 'r``'` x 4323C2 ! 1 .} -�'� ' ..9,f �, w t b 5 •.' '4.::5.•c t0 Off ' -.. 4` �•. .. -',,Z 't " "i5,"' 4 r �' `a � ` `, � IIIn SN3 p 15 a s,r ' •-:.-:' ;#1`,""*... ,,,., t!''',', ,-- ...A....* - ,..k.:...---1'*,,,,,,,.. % --, :'-:'"-'1:"•• * ,(.'-' " ' ; . , , , _...11,to ' ..,,,,,...*,!..,- ,tt..r.,,' ...,,i.4„,.....: ..-.:ki-:.--;,-_,.::th,:;,:... ...„,. ..,- '� P fil'''� ;N ,�y . 7C '3- .. 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All such uses shall conform to the requirements of the Virginia Department of Health Bureau of Tourist Establishment Sanitation and other applicable requirements. 5.1.06 DAY CARE CENTERS Each day care center shall be subject to the following: a. .State liceriswe. Each day came center shall acquire and maintain the required licensure from the Virginia Department of Social Services. The owner or operator of the day care center shall provide a copy of the license to the zoning administrator. The owner or operator's fa dui e to provide a copy of the license to the zoning administrator shall be deemed to be willful noncompliance with the provisions of this chapter. b. Iiuspecriotrs by fire official. The Albemarle County fire official is authorized to conduct periodic inspections of the day care center. The owner or operator's failure to promptly admit the tire official onto the premises to conduct an inspection in a manner authorized by law shall be deemed to be willful noncompliance with the provisions of this chapter. c. Relationship to other laws, The piovisions of this section are supplementary to all other laws and nothing herein shall be deemed to preclude application of the requirements of the Virginia Department of Social Services. Virginia Department of Health. Virginia State Fire Marshal. or any other local. state or federal agency. (§ 5.1.0.6. 12-10-80:Ord. 01-18)6). 10-3-01:Ord. 1?-18(5).9-11-13) 5.1.07 GROUP HOMES Each group home shall be subject to the following: a. Conditions may be imposed on such homes to insure their compatibility with other permitted uses.but such conditions shall not be more restrictive than those imposed on other dwellings in the same districts unless such additional conditions are necessary to protect the health and safety of the residents of such homes: h. Each group home shall be subject to Albemarle County fire official review. (§ 5.1.0-. 12-10-50:Ord. 01-18(6). 10-3-011 5.1.08 DRIVE-IN THEATRE a. Minimum area of site shall be five(5)acres: b. The site shall be adjacent to a maiol load or loads and entrances and exits shall be fiom said roads: c. Off-street parking or storage lanes foi waiting patrons shall be available to accommodate not less than thirty (30) percent of the vehicular capacity of the theatre unless at least six (6) entrance lanes. each with a ticket dispenses. are provided. in which case the amount may be reduced to not less than ten(10)per cent: d. The screen shall be located as to be reasonably unobtrusive to view from any_ major street. public area of scenic look-out: e. A wall or fence of adequate height shall be provided to screen the pan oils and cans in attendance at said theatre front the view of the surrounding property. The pen meteor of said fence shall be landscaped with suitable plants and shrubbery to preserve as far as possible harmony with the appearance of the surrounding pi operty: f. hndividual loud speakers for each car shall be provided and no central loud speaker shall be permitted: 18-5-5 Zonme Supplement 1.a-11-1: Project Proposal Olivet Presbyterian Church Preschool Purpose: To provide a Christian preschool opportunity for families in our community to ready children to attend Kindergarten, academically, socially and spiritually. Design: The Preschool will operate September-May,on the Albemarle County School schedule. It will consist of two classes of up to 12 students each; one for 3 year olds, and one for 4 year olds. The anticipated maximum enrollment is 24 students. The 3 year old class would operate in the mornings, 9 am to 12 noon,3 days a week. The 4 year old class would operate in the mornings, 9 am to 12 noon, 5 days a week. Public Need and Benefit: The benefit of a preschool education in preparing children for kindergarten and academic success later in school is well established. Within the Olivet congregation there are 8-10 children who could enroll in a preschool at Olivet. In addition, demographic data indicates a sizable population of preschool aged children within a 5 mile radius of the Olivet Church. Finally,limitations on funds and school facilities have not allowed the establishment of a County Bright Stars program in nearby Meriwether Lewis, Murray, or Broadus Wood Elementary Schools. Conversations the Olivet Mission Committee had with Albemarle County's Bright Stars Coordinator several years.back indicated that there were numerous children in our area without access to a Bright Stars Class who could benefit from an Olivet Preschool if scholarship assistance were provided. Administration: The Olivet Preschool will be directed by a Preschool Committee, currently consisting of:Ashley Buford, Chair; Joe Derrico,Preschool parent;Betsy Dishman,Director of Music and Children's Ministries;Emily Mora, Olivet Preschool Teacher;Travis Schnell, Olivet Preschool Teacher;Kacie-Linn Engle,member-at-large. The Preschool Committee will be overseen by the Christian Education Committee of the Olivet Session(governing board). A volunteer treasurer will handle bookkeeping. Betsy Dishman, Olivet's Children's Ministry Director,will serve as staff coordinator and resource. Staffing:: For children ages 2-6 Virginia ginia law requires 1 adult for every 1-10 children and 2 adults for 11-20 children. In keeping with the Olivet Child Protection Policy however, each Olivet Preschool class would be staffed by 2 adults; a lead teacher with a college level degree in education; and an assistant with gifts for and experience in working with children. Background checks and First Aid, CPR and AED certifications will be required of all staff. Additional staff would provide weekly art instruction,music instruction, and Bible story activity. Facilities: The Olivet Preschool will use three existing rooms in the basement of the Olivet Church, one for each class and one for break out groups. Basement bathrooms and a small kitchen in the basement will be used as well. Parking: The Preschool would use the handicap-accessible ramp entrance to the basement classrooms on the west side of the church building. The adjoining parking lot has 18 spaces (3 handicap). A large overflow parking lot is located approximately 50 yards away. Outdoor activities: The Preschool will use the outside playground located between the west side of the church and the Olivet Manse for 30 minutes of physical activity each day. On the days when both the 3 and 4 year old classes are in session the classes would not typically be on the playground at the same time. So no more than 12 children supervised by 2 adults will be on the playground at any time. The noise they generate would only affect our most immediate back door neighbor. Occasionally the children might be taken on a short"field trip"to a small vesper area in the woods on the hill to the west of the church. It is not likely that these hikes would impact our immediate neighbors at all. On days of extreme cold or inclement weather the children's recreation time will be conducted in the Olivet Fellowship Hall, again with no impact on our neighbors. Occasionally a learning activity will need to be conducted outside,but the noise generated would be negligible. For the 2014-15 school year we have been operating a small preschool for 3 year olds as a"day care home"allowed by the county. To our knowledge the outdoor activities of the children have not had a negative impact on our neighbors. Funding:The Olivet Preschool will fund itself through the monthly tuition fees provided by attending families.With full enrollment the Preschool should be capable of granting several full scholarships,or multiple partial scholarships,to local households of limited means. The Olivet Church will support the ministry of the preschool with facilities,utilities,publicity,bookkeeping, insurance,and administrative support. Scholarship Fund: Once the Preschool is operational,the church will explore establishing a Scholarship Trust Fund that will enable the Olivet Preschool to serve 5-6 children in the community whose parents could not afford this educational,socialization and enrichment opportunity for their children. ' L O Impact on Public Facilities and Public Infrastructure Olivet Presbyterian Church Preschool Located in a rural/agricultural zone of the county the Olivet Church is not serviced by county water and sewage and trash collection is privately contracted. The Olivet Preschool may occasionally take advantage of public parks and facilities such as libraries. These visits would be scheduled and adequately supervised by staff and volunteer parents. The main public impact of the Preschool would be on the roads as parents drive their children to and from the preschool. It should be noted that these parents would be driving their children to preschools in Charlottesville or Crozet anyway,likely travelling greater distances on county roads. On Tuesdays and Thursdays,with full enrollment, the traffic impact could involve as many as 12 cars arriving and departing at 9 am and then again at 12 noon. On Monday, Wednesday and Friday,with full enrollment,the impact could involve as many as 24 cars arriving and departing at 9 am and then again at 12 noon. We will encourage parents to arrange for carpooling and we will consider a staggered start and end time for the two classes to spread out the time in which parents would be arriving and departing on Monday,Wednesday and Friday. Information on the resolution of entrance-spacing and sight-distance issues raised by VDOT Olivet Presbyterian Church Preschool Subsequent to our pre-application meeting a VDOT employee visited the Olivet site and established that our east entryway did not meet current sight-distance guidelines,the two entrances were not adequately spaced apart and two trees obstructed the view up the rood would need to be removed,one near each entrance. It was communicated with the church that if the sight distance issue could be resolved and the trees removed,than the entrance spacing would not be an issue. We first explored constructing a traffic island in our east entryway that would prevent left turns in and out of the entrance. However the cost,disruption and unsightliness of this island with a prescribed 50 foot side facing Garth Rd.resulted in the Olivet Session(governing board)not approving this change. We subsequently explored securing a line-of-sight easement from our across the street neighbor; having the speed limit on the stretch of road in front of the church reduced; and determining the speed of passing vehicles to see if our sight distance was sufficient for the actual speed versus the posted speed. None of these options worked out. In a follow-up preliminary meeting with Planning Staff and Shelly Plaster of VDOT, a smaller traffic island that would prevent a left turn out but allow a left turn in,was discussed. This island would fit on the existing entryway and not require expensive culvert and asphalt replacement, extensive grading and soil disposal. On January 13 Troy Austin of VDOT visited the Olivet site and it was determined that there was sufficient stopping distance to'allow for left turns into the entryway and the size and location of the island was discussed so sketches could be drawn up to solicit cost estimates from contractors. Planning and VDOT staff indicated that these sketches, showing the planned improvements and the tree removals would be sufficient. They are attached to this proposal. ' v . e 44") , a -VA 41"11 4\ � 1 Z g lb --.'1 i 4ii. 014%,:641.1ft• C74 X 4 *. ,i),,, AI f c e L _ ..R I& _... w-744- It-- .,.. y44i . P 4 tisr44 .F. ,.....„...„,..} ,,,, -.110°.- T 5 t - N \ . .. i • - �N "9 ° f r Q t 'm ,� �° f.. j i- :I, , 1k! '4 g%"P‘ ! / . 14. 4'<isIN . I ■ i i \ 1 . s ,, \\II . If., .. - ?tii 1 4 ,s7P, • 4 -11.-.1 .'' ,..3 ris 1%) kor it* ••• ,1Z t.... -- ',t A I■ V.% S A. -1- N"4X 0 A R 6 ---=12.-- . .t._ A ' ! , f .*. ;N. es:1 ft- Ike 91 ...,...- , co....me ele.... I ek, . ..''-. i ir----... <vi■J•ri Ap , .0-,4s 4.56 2r7 _