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Home My WebLink AboutSP201000017 Approval - County Special Use Permit 2015-10-23COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 October 23, 2015 John Robins All God's Children Child Development Center PO Box 148 Scottsville, VA 24590 RE: SP201000017 All God's Children Child Development Center Dear Mr. Robins: On September 9, 2105 the Board of Supervisors took action on your Special Use Permit application to allow Preschool for up to 50 children in existing building under Section 10.2.2.7 of the Zoning Ordinance on TMP 122000000002AO in the Scottsville District. The Special Use permit was approved by the Board's adoption of the attached resolution and conditions. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: compliance with conditions of the SPECIAL USE PERMIT; approval of and compliance with a SITE PLAN; and approval of a ZONING COMPLIANCE CLEARANCE. Before beginning uses as allowed by this special use permit or if you have questions regarding the above - noted action, please contact Rebecca Ragsdale at (434) 296-5832. Sincerely, David Benish (Acting) Director of Planning CC: Christ Church - Glendower Va Trs Of Attn: Treasurer Po Box 337 Scottsville Va 24590 %Attachment* RESOLUTION TO APPROVE SP 2010-17 ALL GOD'S CHILDREN CHILD DEVELOPMENT CENTER WHEREAS, Christ Church is the record owner (the "Owner") of Tax Map and Parcel Number 12200-00-00-002A0; and WHEREAS, the Owner submitted an application for a Special Use Permit, and the application is identified as Special Use Permit 2010-00017 All God's Children Child Development Center ("SP 2010-17"); and WHEREAS, on August 4, 2015, after a duly noticed public hearing, the Albemarle County Planning Commission recommended approval of SP 2010-17 with modified conditions; and WHEREAS, on September 9, 2015, the Albemarle County Board of Supervisors held a duly noticed public hearing on SP 2010-17. NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the staff report prepared for SP 2010-17 and all of its attachments, the information presented at the public hearing, and the factors relevant to a special use permit in Albemarle County Code §§ 18-10.2.2.7 and 18-33.8, the Albemarle County Board of Supervisors hereby approves SP 2010-17, subject to the conditions attached hereto. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on September 9. 2015 . C er , 6oard 'f C unty Supervisors Ave hLay Mr. Boyd Y Ms. Dittmar Y Ms. Mallek Y Ms. McKee) Y Ms. Palmer Y Mr. Sheffield Y COUNTY OF ALBEMARLE TRANSMITTAL TO THE BOARD OF SUPERVISORS SUMMARY OF PLANNING COMMISSION ACTION AGENDA TITLE: AGENDA DATE: 15-253 SP201000017 All God's Children Child September 9, 2015 Development Center, Scottsville District STAFF CONTACT(S): SUBJECT/PROPOSAL/REQUEST: Clark, Benish Special use permit request for day care center PRESENTER (S): Scott Clark BACKGROUND: At their August 4, 2015 meeting, the Planning Commission considered this request for a special use permit for day care. During that public hearing, changes to the proposed conditions of approval were introduced by staff and by the Planning Commission. All of the recommended changes are technical in nature and did not substantially change or modify the applicant's proposal. DISCUSSION: The following changes to the proposed conditions were made on August 41h: 1. The wording of condition 2 was changed to be consistent with other recent approvals. 2. Irrelevant wording was deleted from condition 5. 3. Condition 6 was added to be consistent with current practice. This condition establishes the time period during which the special use permit approval is valid. The attached resolution and the referenced conditions reflect the conditions recommends by staff and the Planning Commission. RECOMMENDATIONS: Staff recommends that the Board adopt the resolution to approve SP2010-00017 with the conditions listed in the resolution. ATTACHMENTS: A - Resolution/Ordinance B - Planning Commission action letter C - Planning Commission staff report D - Planning Commission minutes COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 August 24, 2015 John Robins All God's Children Child Development Center PO Box 148 Scottsville, VA 24590 RE: SP201000017 All God's Children Child Development Center Dear Mr. Robins: The Albemarle County Planning Commission, at its meeting on August 4, 2015, by a vote of 6:0 recommended approval of the above -noted petition to the Board of Supervisors. Please note that this recommendation is subject to the following conditions: 1. Development of the use shall be in general accord with the conceptual plan titled "All God's Children Child Development Center," revised 7/23/15, (hereafter, the "Conceptual Plan") as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the Conceptual Plan, the development shall reflect the following major elements within the development essential to the design of the development: • Use of the existing building; no new structures shall be used for the day-care use Minor modifications to the Plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 2 Total day -Gare enrollment droll he limited to 34 (thirtv_fni irl Maximum enrollment shall be thirty-four (34) children. / 3 The permittee shall obtain written approval of the entrance design from the Virginia Department of Transportation prior to the County issuing a zoning clearance and the permittee commencing the use. 4 The permittee shall obtain written approval of the water supply and the onsite sewage system from the Virginia Department of Health prior to the County issuing a zoning clearance and the permittee commencing the use. 5 All outdoor lighting at the site that is eXGlUSmyely fGF Garnp use shall either emit 3,000 lumens or less or be a full cutoff luminaire. 6 The use shall commence on or before rdate three years from Board approvall or the permit shall expire and be of no effect. Within 30 days of the date of this letter, please do one of the following: (1) Resubmit in response to Planning Commission recommendations (2) Request indefinite deferral (3) Request that your Board of Supervisors public hearing date be set (4) Withdraw your application If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. 4ncerark Senior Planner Planning Division COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 REVISED LETTER— CHANGE IN MEETING LOCATION FROM LANE AUDITORIUM TO CONFERENCE ROOM 241 July 22, 2015 RE: SP201000017 All God's Children Child Development Center Dear Sir or Madam: This letter is to notify you as an adjacent property owner of the above -referenced petition described as follows: SP201000017 All God's Children Child Development Center MAGISTERIAL DISTRICT: Scottsville TAX MAP/PARCEL: 122000000002AO LOCATION: 900 Glendower Road PROPOSAL: Preschool for up to 50 children in existing building PETITION: Day care, child care or nursery facility 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 Area — preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources; residential (0.5 unit/ acre in development lots) This petition will be reviewed and public comment received at the ALBEMARLE COUNTY PLANNING COMMISSION MEETING ON TUESDAY, AUGUST 4, 2015. The Albemarle County Planning Commission will meet at 6:00 p.m., CONFERENCE ROOM 241 Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. Should you wish to attend this meeting, you may call this office during the week of the meeting to ask the tentative time the item is scheduled on the agenda. After the Commission has taken action on the proposal, a second public hearing will be scheduled for the Board of Supervisors. The Board's meeting begins at 6:00 p.m (evening meeting) or 9:00a.m. (day meeting). A letter of notification of this hearing will not be sent to adjoining owners; however, you may check this website: http://albemarle.org/upload/images/webapps/zoning/ for SIGN # 41 to see its status at any time. Alternatively, you may sign up for A -mail by going to www.albemarle.org. (Go to the "Department" tab at the top and select County Executive. At the County Executive's page, you will see "Albemarle County A -mail" by going to the menu on the far right of the page. It is the last item. Select this item and sign up from there.) If you do not have internet access, please feel free to contact me by phone at 434/296-5832 x 3249. Should you have any questions regarding this project, please feel free to contact me at the above noted telephone number or via e-mail at sclark@albemarle.org. Should you simply wish to review file material pertaining to the project, this information is available for review in the Community Development Department during normal business hours (8 a.m.-5p.m., Mon -Fri). To assure the information is ready for your viewing and to allow staff to be available to help with any questions, we encourage you to schedule a viewing time. Please contact me during business hours to schedule an appointment. While an appointment is not required, we do give priority to those with appointments. Those without appointments may find the materials are in use by others and/or staff is not available to help. Sinc rely, cott Clark Senior Planner Planning Division ABUTTING PROPERTY OWNERS CHRIST EPISCOPAL CHURCH ATTN TREASURER LENNOX LAND LLC SCHMIDT FAMILY LIMITED PARTNERSHIP TWO TIMES FIVE LLC cc: John Robins All God's Children Chid Development Center PO Box 148 Scottsville, VA 24590 City Manager PO Box 911 Charlottesville, VA 22902 File (C� pF AL �'JRGII3IP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax(434) 972-4126 REVISED LETTER - CHANGE IN MEETING LOCATION FROM LANE A UDI TORI UM TO CONFERENCE ROOM 241 July 22, 2015 John Robins All God's Children Child Development Center PO Box 148 Scottsville, VA 24590 RE: SP201000017 All God's Children Child Development Center Dear Mr. Robins: This letter is to notify you that your above -referenced petition has been scheduled for public hearings as follows: This petition will be reviewed and public comment received at the ALBEMARLE COUNTY PLANNING COMMISSION MEETING ON TUESDAY, AUGUST 4, 2015. The Albemarle County Planning Commission will meet at 6:00 p.m., , CONFERENCE ROOM 241, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. You or your representative must be present at this meeting; you may call this office during the week of the meeting to ask the tentative time the item is scheduled on the agenda. After the Commission has taken action on the proposal, a second public hearing will be scheduled for the Board of Supervisors. The Board's meeting begins at 6:00 p.m (evening meeting) or 9:00a.m. (day meeting). You or your representative must be present at this meeting; A letter of notification of this hearing will not be sent to adjoining owners; however, you may check this website: http://albemarle.org/upload/images/webapps/zoning/ for SIGN # 41 to see its status at any time. Alternatively, you may sign up for A -mail by going to www.albemarle.org. (Go to the "Department" tab at the top and select County Executive. At the County Executive's page, you will see "Albemarle County A -mail" by going to the menu on the far right of the page. It is the last item. Select this item and sign up from there.) If you do not have internet access, please feel free to contact me by phone at 434/296-5832 x 3249. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE MEETINGS At least fifteen (15) days preceding the commission's public hearing, the Zoning Administrator or designee shall erect on the property, subject to the above -referenced application(s), a sign (or signs) indicating the property is to be subject to public hearing and referencing how to obtain additional information regarding such hearing. The sign shall be erected within ten (10) feet of whatever boundary line of such land abuts a public road and shall be so placed as to be clearly visible from the road. If more than one such road abuts the property, then a sign shall be erected in the same manner as above for each such abutting road. If no public road abuts thereon, then signs shall be erected in the same manner as above on at least two boundaries of the property abutting land not owned by the applicant. The filing of the petition or application shall be deemed to grant consent to the Zoning Administrator or designee to enter upon the property and to erect the signs. Mr. Robins Page 2 July 16, 2015 Upon a finding by the Board of Supervisors that failure to comply with the posting requirements of this section has denied the public reasonable notice of the public hearing, the Board may defer action on the petition or application until reasonable notice by posting is given. The applicant shall exercise due diligence to protect the sign or signs erected, pursuant to section 33.8, from vandalism and theft; maintain the sign or signs in the location or locations in an erect position as placed by the Zoning Administrator or designee; and ensure that such sign or signs remain legible. Failure to comply with these responsibilities may be grounds for the Commission or the Board of Supervisors to defer action on the petition or application until there is reasonable compliance. Any sign erected pursuant to section 33.8 shall remain the property of the Board of Supervisors. It shall be unlawful for any person, except the applicant performing maintenance required by this section or the zoning administrator or an authorized agent of either, to remove or tamper with any sign erected pursuant to section 33.8. All such signs shall be removed by the Zoning Administrator or designee within fifteen (15) days following the Board of Supervisor's final action on the petition or application or the applicant's withdrawal of the petition or application. Should you have any questions regarding the procedure for posting of signs, please do not hesitate to contact the Zoning Administrator Sin 'rely, cott Clark Senior Planner Planning Division AFFIDAVIT July 22, 2015 I, Stephanie L Collier, hereby certify that the attached notification letter was sent on the above date to those persons listed on said notification. A total of 6 letters were sent (this includes those listed receiving a copy). Given under my hand in the County of Albemarle, State of Virginia TWENTY SECOND day of July 2015. Notary Public My commission expires May 31, 2016 FILE;